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Signed auto lease agreement but have not taken possession.

Signed auto lease agreement...

Signed auto lease agreement but have not taken possession

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

MA and new

Lawyer's Assistant: Have you contacted the manufacturer?

Yes and does want to cancel lease

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

Not every part of the lease agreement was initialed

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Answered in 5 minutes by:
9/26/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
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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.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions. 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.

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Customer reply replied 10 months ago
where is my advice

Hi, I'mt not sure what specific question you had. What specific question did you have for me?

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Customer reply replied 10 months ago
I forwarded the question. It pertained to a auto lease agreement that was signed but have not yet taken possession of car. want to cancel. Auto dealer does not to alter or cancel lease

Understood. Bear with me a moment while I type an answer.

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Thanks for your patience. 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. In your case, it doesn't seem like any of those would actually apply very well. Accordingly, you may have to look at the defense that you did not accept the terms of the material terms of the agreement. In every contract, you have to accept the material terms of the agreement (the who, what, when, where, and how much). If you can prove that you didn't, then you can get out of the contract. Keep in mind that the 72 hour rule for contract cancellations generally only apply to in-home sales (like door to door salesmen) so you would have to try to work with the dealership to explain that you didn't accept the terms and that it would be in both of your best interests to let you out of the contract.

Did you have any other questions for me?

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Customer reply replied 10 months ago
Can I not accept terms of ,as you say , the material terms of the agreement even after signing it?

Unfortunately, you can't refuse to accept the terms after the fact unless they are unconscionable or were added on without your authorization.

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Customer reply replied 10 months ago
Keep in mind that parts of the lease agreement were not initialed on the line provided.

I understand. You have an argument to help get out of this contract, for sure. However, they would also have an argument that you agreed to all of the materials terms, minus the ones that you did not initial. Only if your initial on all of the documents was required to affect your acceptance, then they can hold you to those parts that you did initial. Does that make sense?

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Customer reply replied 10 months ago
But the fact I am not taking possession of car is cause for cancelling the lease for both parties in some instances.

Perhaps, but only if you taking possession was a condition of you accepting the terms of the agreement. Do you know if this was a condition?

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Customer reply replied 10 months ago
do not know that.

That's something that you should check in on to find out for sure. Otherwise, you may be bound to this agreement unless you can use some skills to talk them out of getting you to take this vehicle. Did you have any other questions for me?

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Customer reply replied 10 months ago
how do they make me take the vehicle?

They may not be able to physically force you to take it, but they can still charge you the monthly lease amount even if you don't take delivery. Or, they could sue you for breach of contract if you don't take delivery or don't pay, unfortunately.

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Customer reply replied 10 months ago
thanks for your time

The pleasure is all mine. I would sincerely ***** ***** five-star rating from you and come back if you have other questions in the future Micheal.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
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