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TJ, Esq.
TJ, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 12249
Experience:  JD, MBA
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last night i signed a lease agreement with larson toyota for

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last night i signed a lease agreement with larson toyota for a new 2013 Venza XLE that according to the documents has 52 miles on it. All documents were signed by both parties and my next payment, according to the documents is Nov 12, 1013 which would be one month from yesterday. When they went to get my car from the other dealer (as a trade between them) they discovered the car has 4,500 miles on it. I told them this is unacceptable and they need to find another car. Problem is all 2013 Venza's of type XLE are gone now. But they have a limited, which is the next trim up. I told them that they need to honor the good faith negotiation and documents we signed and find a way to get me the only car available to them with the options I paid for which is the limited version. They said they would but they would add $4000 to the terms of my already signed and executed lease. I said you are wrong and that it is probably not worth the real difference in price between these two versions (about 2,000) to breach the contract they have with me leaving me no choice but to lawyer up. They said go ahead, they can throw away the documents any time they want, meaning, they can terminate the lease contract without cause. According to my understanding, they cannot, I would need to violate the lease terms in some way like miss a payment. What do you think?
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

First and foremost, whether or not the dealer can unilaterally cancel the lease depends upon the terms of the lease. If the lease specifically allows the dealer to cancel, then the dealer may do so. But if the lease does not specifically allow the dealer to cancel, then the dealer cannot do so. Obviously, you'll need to review the lease in detail in order to determine whether it allows the dealer to cancel.

If the lease does not allow the dealer to unilaterally cancel the lease, and assuming there are no other provisions that govern what happens in the event that the car you leased is unavailable, then you could theoretically sue the dealer for your losses. You would determine your losses by leasing a comparable car from a different dealer. If you must pay more, then you have suffered a loss, and you should be compensated. For example, if the total cost of the lease is $2000 more from another dealer, then you could sue for $2000. On the other hand, if you can lease a comparable vehicle elsewhere for the same price, then you have not really suffered a loss as a result of the breach, and so you wouldn't likely win a lawsuit for monetary damages.

So, the botXXXXX XXXXXne is that you first need to review the lease in order to determine the terms. If the dealer cannot cancel the lease and there are no other provisions that apply in this situation, then you can try to find the car you want elsewhere and see if you need to pay more. If you do need to pay more, then you can sue the dealer for the difference. You would also attempt to negotiate with the dealer in order to bring down the price of the limited version. Bear in mind that the dealer does not have to give you the limited version for the same price, however. You may wish to price out the car at other dealers, and if it will cost more, then tell the dealer that it will cost more and that you've spoken to a lawyer and will sue if something can't be worked out. The dealer may budge on the price of the limited version, or offer some other deal.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!

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