Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

I leased a truck back I febursary and I have been haveing…

Customer Question
I leased a truck...

I leased a truck back I febursary and I have been haveing problems with the truck and it's making it had to pay for it. My problem is I got a non cancellable lease on the truck and I was wanting to return it because i'm getting further in the hole and can't seem to see any money? Is there a way I can get rid of the lease?

Lawyer's Assistant: What state is this in? And how old is the truck?

Texas it's a 2012 peterbilt 386 model

Lawyer's Assistant: Has anything been officially filed? If so, what?

No just the non cancellable lease when I first got it it in feburary

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What else could be helpful info?

Submitted: 7 months ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 1 minute by:
10/6/2017
Business Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Business Law
Satisfied Customers: 11,411
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Business Law Question
Customer reply replied 7 months ago
OK where us this accept button cause I don't see it? My question is can I get out of the non cancellable lease?
Business Lawyer: Legal Eagle, Lawyer replied 7 months ago

I’m sorry to hear about your situation. The answer is yes, but if it meets some requirements. If you are having problems with the truck then this appears to be a violation of the implied warranty of fitness.. Under the Uniform Commercial Code section 2-315, which has been adopted in part or wholly by every state, it says, “Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.” All this means in plain English is that if a buyer is relying on the seller’s skill or judgment (e.g. if you rely on a lawn mower mechanic’s skill in choosing a blade for your lawn mower), then the mechanic warrants that the good will be fit for its particular purpose (cutting grass). Unless the goods are sold “as is,” then then a violation of that warranty may allow the buyer to recover damages. This also appears to be a violation of the implied warranty of merchantability. Under section 2-314 of the Uniform Commercial Code, which has been adopted wholly or in part by all the states, sellers are bound by the implied warranty of merchantability. What this means basically is that the good(s) that you purchase will generally be acceptable. An example would be if someone leases a vehicle like you. A seller warrants that the vehicle is going to be generally acceptable, fit for its ordinary purpose, and be of a generally understood type and quality. Many times, you can sue to get your purchase price back.

Don’t forget that this may be a breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Business Law Question
Customer reply replied 7 months ago
at this point what should I do to get rid of this truck that has given me nothing but problems?
Business Lawyer: Legal Eagle, Lawyer replied 7 months ago

I hate to say it, but you may need to either a) speak with the place about the problems you’re having so they have a chance to fix it or b) speak with a lemon law attorney so they can analyze whether your vehicle is a lemon. If it is a lemon , then you can get out of your contract. If it is not a lemon, your attorney may be able to work out a settlement on your behalf. Most attorneys will take the cases on contingency to keep it cheap for you. Did you have any other questions for me?

Ask Your Own Business Law Question
Customer reply replied 7 months ago
What if I just want to get away from the truck completely and just get off the road will that hurt my pockets even more?
Business Lawyer: Legal Eagle, Lawyer replied 7 months ago

Probably. They may sue you for breach of contract if you stop paying or walk away from the lease in some way. Getting out of a contract can be very difficult. With that said, there are some things that you would want to consider that the law recognizes as defenses to the enforcement of a contract. One of the defenses is capacity, meaning that a person who is mentally ill, under the age of 18, under the influence of drugs/alcohol can have the contract voided. Additionally, if a party enters into an agreement under duress, it can be voided. Also, if the contract is so one-sided that it would be considered unconscionable, that is another reason. Finally, there is the issue of mistake. A court can declare that there is a mistake made by both parties as to the assumption on which the contract was based. For example, if both parties made an assumption that a certain event would occur, but the event does not occur, then the contract is voidable. Unless the agreement falls into one of these categories, then the agreement is enforceable.

Ask Your Own Business Law Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Business Law
Satisfied Customers: 11,411
11,411 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
Signed a contract from 4 Star sales and Marketing from Las
Signed a contract from 4 Star sales and Marketing from Las Vegas in 08/11. They claimed that I would receive $150,000 in leads for my painting company from their clients in this area. The costs was $5… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,611 satisfied customers
I have been in a contract with guardian protection for my
Hi, I have been in a contract with guardian protection for my home security alarm. My skybell camera and door has not worked properly for over a year and they have failed to fix the issue which mainly… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,257 satisfied customers
I practiced psychology. My license to practice is suspended
i practiced psychology. My license to practice is suspended x 3m and my office is closed since then; My full-time job is suspended for 12 m bec of my license. Question: am i eligible for unemployment … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,757 satisfied customers
I am opening a private counseling practice from home. I live
Hi, I am opening a private counseling practice from home. I live in Arizona. I just made an LLC, but am not sure whether it's better to designate as a sole-proprietorship or as an S-corp. I never plan… read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
If I were to create a test bank (practice multiple choice
If I were to create a test bank (practice multiple choice questions) for sale, for students studying for a certification exam. Would there be any copyright issues? As in could any existing company tha… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
458 satisfied customers
Can an Optometrist and Optician own an eye care practice
Can an Optometrist and Optician own an eye care practice together in New York state ? … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,517 satisfied customers
I need some advice about deceptive business practices. My
I need some advice about deceptive business practices. My webhost has their phone tree "press 3 for malware" redirected to a 3rd party, whom they are an affiliate with. I was 3/4 of the way through th… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
We are planning to open a one doc medical practice in
We are planning to open a one doc medical practice in manhattanCurrently one MD to open a medical practice but have specialist rotate through practice (revenue share or rent or Salary) A medical pract… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am contracted to perform some work. In the contract, I
I am contracted to perform some work. In the contract, I provided prices for each item. Some of the items say lump sum under the quantity column and some provide a quantity. for example the bedding st… read more
Lori
Lori
Juris Doctor
1,343 satisfied customers
I am a doctor practicing In India. Is it possible for me to
Second opinion] I am a doctor practicing In India. Is it possible for me to open a medical care centre, basically providing diagnostics, in states of US? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I am a doctor practicing In India. Is it possible for me to
I am a doctor practicing In India. Is it possible for me to open a medical care centre, basically providing diagnostics, in states of US? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
If I take money out of my IRA as part of the settlement in
If I take money out of my IRA as part of the settlement in 2017 and take money out to pay the taxes in 2018 will I be required to pay taxes on the taxes … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In general, is it a legal practice for my lawyer to ask a my
In general, is it a legal practice for my lawyer to ask a my witness questions that cast doubt the witness and my representations. My bookkeeper was asked how and why entries were made and how could t… read more
LegalGems
LegalGems
Juris Doctorate
11,965 satisfied customers
Looking a the corporate practice of medicine in Illinois
Looking a the corporate practice of medicine in Illinois what are the ownership requirements, can a chiropractor own a medical practice … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Let's say I signed a settlement agreement with a publisher
Hi,Let's say I signed a settlement agreement with a publisher not to distribute any more counterfeit copies of its books. If I were to continue distributing copies of its books after the settlement ag… read more
KLAW
KLAW
Juris Doctorate
2,110 satisfied customers
A settlement has been reached between the parties. The party
a settlement has been reached between the parties. The party to whom the payment was to be made, did not submit W9 info for some time, thinking it was not necessary. For how long after reaching the se… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
Is it regular practice to name a old debtors as defendants
is it regular practice to name a old debtors as defendants in a new Fraudulent conveyance case??… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
This is a question about compliance for medical practices
This is a question about compliance for medical practices and chiropractors. We have a med spa business concept that involves offering our brand, access to pharmaceutical discounts, and expertise to h… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,433 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x