Ford Sold Me A Leased Car, Now They Want It Back

My daughter leased a car then decided she wanted a different car. I happened to need a new car at the time, so I took over the lease (not officially), I just made all the payments and drove the car for three years. At lease end I decided to buy the car. I went into the Ford Dealership, they ran my credit/employment, etc. I signed papers, got a temporary license plate, etc., etc. and walked out the new owner of a Ford Focus.


About two weeks later I was contacted by Ford. They said they shouldn't have sold me the car -- only the person on the lease can buy the car. And now they want it back -- or they want my daughter to be on the loan. But she is trying to buy a house and doesn't want to be financially responsible (for a loan). Am I screwed? Are they screwed? Just wondering if I am obligated to return the car. It seems like they made a big mistake, but ... I don't know the law.

Thank you!

The "law" is simple.

You have a contract with your name on it and the dealer's name on it. And the lender was willing to loan you money personally.

Hold them to it.

Read through your contact carefully. Look for terms that allow the contact to be rescinded. It is not uncommon for language to be included that allows the dealer to cancel within a certain period of time.

If the language is there then your likely need to return the car. If it is not the then you may not have to. Your answer is in the contract you signed.

aim900 said:

My daughter leased a car then decided she wanted a different car. I happened to need a new car at the time, so I took over the lease (not officially), I just made all the payments and drove the car for three years.

Click to expand...

When you say you "took over the lease," what you really mean is that you, not your daughter, drove the car and made all relevant payments. Correct? If so, that is, in no way, "[taking] over the lease."

aim900 said:

About two weeks later I was contacted by Ford. They said they shouldn't have sold me the car -- only the person on the lease can buy the car.

Click to expand...

Contacted by "Ford"? As in the manufacturer? Or was it someone at the dealership that contacted you? Or maybe someone with the leasing company? How did this person contact you (letter, phone, etc.)? What legal and factual basis did this person provide to you to support the assertions that "they shouldn't have sold [you] the car" and that "only the person on the lease can buy the car"?

aim900 said:

Am I screwed? Are they screwed?

Click to expand...

I can't conceive that any reasonable person would believe either you or the leasing company is "screwed." The worst case scenario for you is that the sale might get rescinded, and that's hardly getting "screwed."

aim900 said:

Just wondering if I am obligated to return the car. It seems like they made a big mistake, but ... I don't know the law.

Click to expand...

This isn't a matter of law; it's a matter of contract. One would need to review the contract that was signed when you bought the car to comment intelligently about this situation.

I read the contract. I didn't see anything that allowed the contract to be rescinded other than - "Limited Right to Cancel: If within 20 days we are unable to obtain financing, you or we may cancel the sale of the vehicle." It has been 28 days and financing was obtained.

So I texted the salesman at the Ford dealership that sold me the car, and said that we both signed a contract - you sold me the car (so I think I should just keep the car).

He wrote back, "from what I am being told, Ford will think your daughter still has the car and come after her." And, "we won't be able to get the title from Ford to transfer the car into your name. We don't have a problem with paying off the Focus & send the contract to the bank. Then transfer the title to you - that's business as usual."

He ended it by saying the business manager is on vacation, but he will contact me in a few days when he gets back.

That isn't a bad idea. Secure an auto loan from another source to pay off Ford and the matter will be resolved.

However, if they have chosen to not finance you rather than your daughter then you may have to return the car. It may be 28 days now but what will matter is what day it was when they reviewed it and made the decision.

Well, it has only been about 12 days since I was contacted by the salesman. But the salesman contacted me about Ford's policy of selling the car to the lessee only. It had nothing to do with financing.

Wouldn't their review/decision have to involve financing (or the lack of obtaining it) as the limited right to cancel only gives them the right if they cannot obtain financing?

"This limited right to cancel will end at the earlier of the date we obtain financing from the lender or assign the Retail Installment Sale Contract or the end of the stated time period."

Nothing in this section gives you the right to cancel the sale or the Lender's loan documents or the Retail Installment Sale Contract you have signed for reasons unrelated to our inability to obtain financing from the Lender or assign the Retail Installment Sale Contract."

aim900 said:

He wrote back, "from what I am being told, Ford will think your daughter still has the car and come after her." And, "we won't be able to get the title from Ford to transfer the car into your name. We don't have a problem with paying off the Focus & send the contract to the bank. Then transfer the title to you - that's business as usual."

Click to expand...

I wouldn't believe for a minute anything a car dealer tells me.

If you can't get title per your purchase contract, remind the dealer that you can go to court and get a title.

See:

State of Ohio BMV