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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111605
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I leased a 2015 Volvo 14 months ago at a Volvo dealership in

Customer Question

I leased a 2015 Volvo 14 months ago at a Volvo dealership in Medford, Oregon. Two months ago I was notified that the Volvo dealership was pulling out of Medford and now I would have to drive to Salem or Portland, Oregon (4 to 5 hours away) to have my regularly scheduled maintenance performed. I entered into the contract with the understanding that all maintenance would be performed in Medford, OR, at the dealership where I purchased the car. I recently had to have someone drive the car to San Francisco in order to have its first 10,000 check and oil change (this regular maintenance is stipulated in the contract) because I was unable to drive the distance myself.
I am 72 years old and cannot do this. I believe Volvo is in breach of the terms of the contract. Do I have legal grounds for terminating this contract?
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What specifically does the language in your contract state about maintenance being done in Medford? Please tell us the exact language.
Customer: replied 7 months ago.
Nothing in the written agreement. However, the salesman, Bob Adams, verbally stated that all scheduled maintenance would be done there at the dealership (in Medford) at no charge during the lease term (which is 39 months). There was no indication whatsoever that VOLVO would pull out of Medford. If I he had indicated this as a possibility I would never have entered into the agreement. I believe Bob Adams had prior knowledge of Volvo's intention to leave the area but failed to divulge this information.
Customer: replied 7 months ago.
This is all there is under "maintenance"
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
Unfortunately, unless they put in writing that all maintenance would be done at that location, you cannot hold them liable for breach of contract for closing up and making you go somewhere else for maintenance. Under the Parol Evidence Rule (part of the statute of frauds) the rule is that verbal representations of an employee would not be able to change the terms of a written contract. It also may have well been that before they knew they were closing they told you that you could go back their for maintenance, but because the contract did not guarantee you maintenance at that location, you could not legally bind them to repairs only at that one dealer I am afraid.

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