Help! What can dealer do to me???

[RichardTyler]

I signed a lease with a dealer a few weeks ago for a new Huyndai. I leased the car thru Huyndai. I paid a very small down payment and left the dealer with the car. My first monthly bill hasn't arrived yet.

Last week, the dealer called and said that they made some kind of error on the contract they signed with me, and would like me to resign the lease contract again. I refuse to do this because this sounds a bit suspicious. Plus, I don't feel I am obligated to resign the contract with them again. To me, the terms of the lease are a done deal.

If I don't do what the dealer is asking, can they cancel the lease with me? Can their lease company not finance this lease with me? Can they take this car back from me? Please advise. Thanks!

 

[Mark_888]

I would ask them for specifics of the changes in the contract. I doubt that you are required to make any changes that you do not agree to. It would probably help your case if they already sent the title work to the state/county.

Have you received your license plates yet? In your state, do you pick up the license plates from the dealer or from the state? Once you get your plates, I don't think there is anything they can do.

 

[RichardTyler]

No, I didn't get the license plates. It may take several months.

Also, I plan to check on Monday with the Dept. of Motor Vehicles to see if the paperwork have been processed by the state yet.

 

[Mark_888]

No, I didn't get the license plates. It may take several months.

Also, I plan to check on Monday with the Dept. of Motor Vehicles to see if the paperwork have been processed by the state yet.

Couple of months? In my state the temporary tags are only good for 30 days.

 

[swltf183]

What error did the dealer make in the contract?

If it's a clerical error, like an error in the VIN, then it's not a big deal and there's probably some fine print in what you already signed that says you should cooperate and sign the correction.

If it's a more material change, read the contract you signed to see what it says about what happens in the specific situation.

Hard to say without knowing the nature of the error.

 

[foleydb]

First, don't be stupid and panic. What is "suspicious" about the specific changes they are asking for in the lease? Have you reviewed them word for word? Is there some reason to think that the requested changes could disadvantage you in some way? If you are able to sign the thing in the first place, it's hardly beyond your capability to calmly and quietly ask them about this and analyze the proposed changes yourself. For example, use this language in a written reply to their request: "Sure, no problem, I understand how these things happen. Can you send me the new lease documents please and highlight any changes from my existing lease documents? If the reason for the change betweeen the current lease and the proposed new lease isn't obvious, please include a short explanation in writing along with the new lease that explains what is different between the two documents. As soon as I get the new document with the changes noted I'll review it and then I'll come by immediately and sign the new version if the changes are OK. Sincerely, Mr. Swlft183."

 

[Mark_888]

First, don't be stupid and panic. What is "suspicious" about the specific changes they are asking for in the lease? Have you reviewed them word for word? Is there some reason to think that the requested changes could disadvantage you in some way? If you are able to sign the thing in the first place, it's hardly beyond your capability to calmly and quietly ask them about this and analyze the proposed changes yourself. For example, use this language in a written reply to their request: "Sure, no problem, I understand how these things happen. Can you send me the new lease documents please and highlight any changes from my existing lease documents? If the reason for the change betweeen the current lease and the proposed new lease isn't obvious, please include a short explanation in writing along with the new lease that explains what is different between the two documents. As soon as I get the new document with the changes noted I'll review it and then I'll come by immediately and sign the new version if the changes are OK. Sincerely, Mr. Swlft183."

Dealer employees do not make up the legal terms of the lease agreements. The legal wording is on preprinted forms and the dealer employees don’t change the wording of the contract (they can only change the numbers). Unless there was some error concerning VIN, name, or address, etc, there is a 99.9% chance they made a mistake regarding the financial numbers and they want more money from the OP. The OP should emphatically refuse such a request if that is what the proposed changes relate to.

 

[foleydb]

There's no indication in the OP's note that they want more money, at least not that I saw, and if they did want more money, that would not, to my mind, be described as "suspicious," but rather I think he would have used other terms, don't you think? You're right, forms are forms, but all the more reason to ask first for a clear explanation, especially since a contract currently exists.

So, OP: Don't panic, ask a straightforward question, and if you're still worried when you get the answer, come back and get more advice here if you want. But next time, bring details.

 

[RichardTyler]

I am self employed. The dealer said that the lease was signed under my business name. They want to re-sign the lease where I will become the personal guarantor of the lease.

Going back to my original questions: Can their finance dept. decline to finance this lease if I decline their request now? Can they take this car back from me?

I always thought that once a lease agreement is signed, it's a done deal. Their request now has nothing to do with a typo in VIN number, etc.

 

[homeofstone]

Is the car going to be used in your business and used as tax deduction? If so then I think the lease is correct the way it is

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[Mark_888]

Is the car going to be used in your business and used as tax deduction? If so then I think the lease is correct the way it is

The car does not "have to be" in the name of the business to be a tax deduction, if it is legitimately used for business (probably not used 100% for business anyway).

But this is not really a tax issue, but whether the lease is guaranteed by the company only, or also personally guaranteed by the owner. This is particularly important to the finance company if the company is an LLC (Limited Liability Corporation) or similar entity common to a self-employed person. I am not sure if the original credit check was done against the company or the individual. If I were the dealer's finance company, I would demand that the contract be changed, but I am not 100% sure whether or not they can do anything at this point.

Personally, I would agree to the change unless I planned on stopping payments if the company folded.

 

[Mark_888]

Last week, the dealer called and said that they made some kind of error on the contract they signed with me, and would like me to resign the lease contract again. I refuse to do this because this sounds a bit suspicious.

What I find suspicious is that as of 05:46 PM Eastern Time (or 02:46 PM Pacific Time) you didn't seem to know what they wanted to change, but in another post below at 10:29 PM Eastern Time on the same day you now disclose to us that the contract was signed in the name of your company, under which you are "self-employed." Did you really not know this information when you created this thread?

I am wondering what information you provided to them during the credit check? Did you provide your personal social security number? If so, you should have signed the documents under your personal name and they probably have some recourse against you (at least in theory) if you don't agree to make the change.