Vehicle lease - Dealer mistake

[gazamon]

Jurisdiction

Massachusetts

Hi All,
I recently signed a lease contract for a new car. The contracts were signed by myself and an approved authorized dealer representative and I paid the amount due at lease signing in full. Unfortunately I was unable to take possession of the vehicle the day I signed the contract because the vehicle had to be shipped to the dealership. The day that the vehicle arrive I made an appointment to pick up the car and when I arrived at the dealership I was informed that their was a mistake in the contract. Basically they forgot to add a 1000.00 dollar incentive to the lease deal so the cap cost on the new lease will go up by 1000.00 and the total number of payments at the end of the lease goes up by 1000.00 dollars. All the other numbers such as monthly payment, taxes, etc stay the same. The new lease deal in my eyes appear to be the same with the exception of the cap cost and end of lease total payments. They are stating that they need to have the 1000.00 incentive itemized on the lease contract. I feel like the dealership is trying being dishonest by changing the lease agreement. Would this be a breach of contract? Is this truly a dealership mistake? What are my options? I have attached the old and new contracts.

Any and all help would be appreciated
thanks
Gaz

 

[mightymoose]

Have you still not taken possession of the car?

If not, get a new contract with the error corrected. You didn't make clear why this wasn't already done.

 

[gazamon]

Have you still not taken possession of the car?

If not, get a new contract with the error corrected. You didn't make clear why this wawasn already done.

They will not release the car to me until I sign the new contract. I was hesitant on signing the new contract because it appears as though I will be owing someone 1000.00 dollars more. If you look at the contracts you will see where the differences are. I figured that a picture paints a thousand words and rather than explaining the entire issue it would be easier to see. Basically the cap cost for the car changes from 68900 to 69900 it seems like an honest mistake but i wanted to be sure that the dealership is not pulling anything shady.

 

[mightymoose]

If you do not agree with the new contract you have two options.

1. Insist they honor the original contract as agreed and take possession of the vehicle.

2. Obtain a full refund of your payment since they failed to deliver the vehicle as was agreed.

 

[txls]

It doesn't quite make sense. If they forgot to add an incentive, seems like that would reduce what you owe or it should at least be a wash if they just forgot to itemize it. I don't see how you would owe more at the end. So in your example if the cap cost went up $1000.00 then they itemize the incentive of $1000.00 then it zeros out. I've seen before where the financing source will not purchase the contract if certain things are not itemized correctly so option1 from Mighty Moose may not be possible, however you can refuse to sign anything new unless the payments and the lease end buyout stay the same.

 

[txls]

It doesn't quite make sense. If they forgot to add an incentive, seems like that would reduce what you owe or it should at least be a wash if they just forgot to itemize it. I don't see how you would owe more at the end. So in your example if the cap cost went up $1000.00 then they itemize the incentive of $1000.00 then it zeros out. I've seen before where the financing source will not purchase the contract if certain things are not itemized correctly so option1 from Mighty Moose may not be possible, however you can refuse to sign anything new unless the payments and the lease end buyout stay the same.