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We bought a lease car one month ago. It was a 3 year lease.

We are in america on...
We bought a lease car one month ago. It was a 3 year lease. We are in america on a visa for 2 years. They approved everything signed all paper work and let us go saying tags will be in the post. We have been driving the car around for one month.
No tags arrived after one month, we called them and they said because you are only here for 2 years and the lease is for 3 we want our car back, we can't approve it.
We take the car back today, hubby is there now. They won't refund 1000 deposit we paid and they won't let my husband leave the dealership without handing keys back!
They are also saying they refuse to print anything out, not one thing until monday.
We don't feel comfortable handing a car over with no paperwork to say we did so!
please advise.
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Answered in 1 minute by:
7/15/2017
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34,946
Experience: 30 years experience representing clients.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Are they saying the financing was not approved?

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Customer reply replied 4 months ago
financing was approved. Hyundai just won't accept the deal as the visa is not long enough
Customer reply replied 4 months ago
but they aren't letting us drive away with the car today, even though we took ourselves down there to sort it out and they are refusing to deal with any paperwork until monday
Customer reply replied 4 months ago
Im not sure why they wouldn't tell us this 4 weeks ago when we took the car (we bought on a weekend if that matters) and why they waited so long to tell us
Can we or can we not drive back home with the car today and where do we stand regarding giving it back..can we get our refund back, do they have a leg to stand on?

Unless the lease provides them a right to terminate they have no right to do so if they have been paid by the bank.

In fact, if the loan has disbursed then this could be construed as a repossession which would affect your credit.

Do not give them the car without a release and without getting back your deposit. They are entitled to a reasonable fee for the use you have had of the vehicle.

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It is your car. If they refuse to let you leave then call the police or call your own attorney, if available.

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Customer reply replied 4 months ago
they won't sign a release or give back the deposit. Im pretty sure they will sign it off as early cancellation on our part too IF we do get any paperwork
Can we call the police then in this situation?
Customer reply replied 4 months ago
it is a lease car, so not really 'our' car, no?

Yes, unless the lease specifies some provision for early termination, the car is yours if the dealer was paid and you are not in breach.

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Yes, you can call the police.

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Customer reply replied 4 months ago
We have paid one months worth of lease and 1000 deposit upon signing
Customer reply replied 4 months ago
can we demand something in writing to say that we are taking the car or do we not need that?

You already have a written agreement entitling you to take the car. It is the lease.

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Customer reply replied 4 months ago
they are threatening to cancel the agreement so when we drive away we are doing so illegally!

Unless the lease provides otherwise, they can not unilaterally cancel it. You would need to agree.

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Customer reply replied 4 months ago
We are going o drive away with the car and sort it monday.
One more problem though, temporary tags run out sunday
where do we stand with this?

Drive carefully. Are your permanent plates on order?

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Customer reply replied 4 months ago
No, the garage said they are sorting them for us when we bought the car last month. Then they didn't submit them to state because they didn't want to approve lease. They didn't tell us this until we called and said where are our plates!
Customer reply replied 4 months ago
Now they are expiring sunday and we don't have permanent ones because they refused to order

Demand they provide permanent plates or sue for breach of contract. You are in compliance with the lease. They are breaching the contract.

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Customer reply replied 4 months ago
they re refusing to do so

Then sue for breach.

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Or, in the alternative negotiate an exit so you get your deposit back, and you are released in writing from the lease and financing.

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Customer reply replied 4 months ago
he is refusing any negotiation and will not help in any way now. He is saying it is our responsibility to give the car back

Ask him to show you where they have that right in the lease.

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Customer reply replied 4 months ago
My husband has left the dealership
Customer reply replied 4 months ago
WITH the car
Customer reply replied 4 months ago
he won't show him where it says that
Customer reply replied 4 months ago
how do we get back there on monday now with no plates?

Do not go back there. Go to the DMV with a copy of the lease and order plates or ask if they can extend the temporary tags for you.

Otherwise, retain a local attorney and negotiate an exit.

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Customer reply replied 4 months ago
ok
thats what we will do
thank you

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 34,946
Experience: 30 years experience representing clients.
Verified
Loren and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
We don't want the car now. We just want out of anything to do with these people. They demanded the car back and said we would get no refund on deposit nor would they extend plates whilst we sort this out.We called back monday a dozen times with no answer, same tuesday. We called corporate and filed a complaint, but this doesn't really help us now. Corporate have called and called the company asking for them to call us back to collect the car. They are now not returning calls and the manager that spoke to corporate the one time he picked up said i only started working here today, i have no idea what this is all about... this is the person that sold us the car!! An exit strategy is fine by us, we just want release papers and our money back.We are completely lost and don't know what to do. The company are acting like children now.We cannot use the car as the plates have expired on sunday.We also have nothing in writing about anything being denied because our visa was too short!What are my rights here please, I'm exhausted with all this nonsense from a professional(?) company!

You are at a point where you need to retain local counsel to put pressure on the dealer to resplve this, one way or another. It may be that the threat of a law suit will compel resolution.

Otherwise, you will need to sue for breach of contract and seek money damages.

You may be able to use the suit to leverage a settlement to get a refund and release.

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You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

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Customer reply replied 4 months ago
We contacted about 15 different auto fraud/consumer law attorneys first thing Monday morning. Of those around 3 called back for the secretary/receptionist to say we won't even look at your case, just give the car back!We are desperately trying to!!

Sue them in small claims court yourself. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

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Customer reply replied 4 months ago
All we want at this point now is to give the car back like they asked with our deposit.
Seems easy and simple to me.We now have a 20,000 car sitting in the garage that cannot be driven, can't get renewed tags for, and can't return (like they asked because our visa is 2 years and lease is 3) because they won't return callsWhat words phrases from an attorneys word basket can we use to make the get their backsides in gear?

Let them know you are suing for breach of contract and consumer fraud. Consumer fraud exposure is usually a scary prospect for a dealer because of the possibility of being awarded punitive damages and attorney fees.

File a consumer complaint with the state attorney general, also.

Contact the DMV and see if you can get plates on your own or get an extension of the temps.

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Customer reply replied 4 months ago
is small claims courts expensive

No, it should be less then a hundred dollars, or thereabouts. It varies by county.

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Customer reply replied 4 months ago
UPDATE:The dealership have just called, they are willing to give back $750.00, Minus $250 for the 800 miles on the clock and use of car for the month. They are going to bring a check and collect the car!!Please tell me what we need in our hand to cover ourselves.
A verified check? How do we tell its verified?
Cancellation paperwork, is this whats its even called? Release papers?We want to get terminology right so it look like we have an idea of what we are talking about and they can't pull one over on us!

Something in writing reciting and acknowledging the terms of the settlement, and releasing you from any further liability under the lease. You will also want a statement that they have examined the vehicle and accept it back from you in as-is where-is condition.

Good luck.

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You can ask for a certified check.

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Customer reply replied 4 months ago
Thank you so much, you have been extremely helpful and very timely answering questions!

You are very welcome. It looks like this will resolve itself. Thank you for using JA.

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