My question involves a consumer law issue in the State of: New Jersey
I leased a vehicle from a large car dealership in 2012. No problems or issues. As we neared the end of the lease (7-8 payments left) the dealership began contacting me with an offer to take my old car and "put me in a brand new one". I eventually decided to go and see what they had to offer. I was instructed to bring my current leased vehicle in so they could inspect it.
After some discussion I agreed to leasing a new vehicle. The dealership agreed to payoff the lease and take the old car. I really did not expect to execute on a deal that evening but as instructed I turned over the keys, called my insurance broker to have the old car removed and the new one added, signed the contracts, was handed my old plates and left in the new vehicle.
The problem started a few weeks later when I received a check in the mail for the remaining payments. My understanding, and from past experience, was that they would take care of the final disposition of the old vehicle and that I no longer had any legal responsibility for it (that's why I took it off of my insurance). Calling the bank I came to find out that a) I was still legally responsible for the vehicle. b) I should never have taken it off of the insurance, c) the vehicle was supposed to be returned to the bank to be inspected and d) I was responsible for a $428.00 disposition fee AND any adjustments they deem necessary based on condition and mileage. When I contacted the car dealer they stated that they only agreed to the lease payments and that any additional charges were on me.
The dealer I worked with certainly implied that once I hand them the keys I was done. I believe I was intentionally mislead and was definitely not told that I was still responsible for the vehicle that I would no longer be in possession of. Why in the world would I take it off of insurance and leave it with them had I known?
My questions are: What legal recourse do I have if the dealership refuses to comply with what, IMO, is the "spirit" of the agreement? What happens if the bank determines that there are excessive use charges? The vehicle was returned in good shape and below mileage but now that it has not been in my possession for several weeks I don't know what could happen.
I leased a vehicle from a large car dealership in 2012. No problems or issues. As we neared the end of the lease (7-8 payments left) the dealership began contacting me with an offer to take my old car and "put me in a brand new one". I eventually decided to go and see what they had to offer. I was instructed to bring my current leased vehicle in so they could inspect it.
After some discussion I agreed to leasing a new vehicle. The dealership agreed to payoff the lease and take the old car. I really did not expect to execute on a deal that evening but as instructed I turned over the keys, called my insurance broker to have the old car removed and the new one added, signed the contracts, was handed my old plates and left in the new vehicle.
The problem started a few weeks later when I received a check in the mail for the remaining payments. My understanding, and from past experience, was that they would take care of the final disposition of the old vehicle and that I no longer had any legal responsibility for it (that's why I took it off of my insurance). Calling the bank I came to find out that a) I was still legally responsible for the vehicle. b) I should never have taken it off of the insurance, c) the vehicle was supposed to be returned to the bank to be inspected and d) I was responsible for a $428.00 disposition fee AND any adjustments they deem necessary based on condition and mileage. When I contacted the car dealer they stated that they only agreed to the lease payments and that any additional charges were on me.
The dealer I worked with certainly implied that once I hand them the keys I was done. I believe I was intentionally mislead and was definitely not told that I was still responsible for the vehicle that I would no longer be in possession of. Why in the world would I take it off of insurance and leave it with them had I known?
My questions are: What legal recourse do I have if the dealership refuses to comply with what, IMO, is the "spirit" of the agreement? What happens if the bank determines that there are excessive use charges? The vehicle was returned in good shape and below mileage but now that it has not been in my possession for several weeks I don't know what could happen.
Sales Agreements: Dealer Takes Possession of Lease in Trade-in but Does Not Pay Lease
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