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Car Lease Debacle
There's the one extra line the major brand dealer wrote into a new
car lease, and it seems there are at least two principal ways of interpreting it. Here's the line. "This Lease is subject to assignee approval within ten days of execution. Otherwise, this Lease shall be void, and Lessee shall return the Vehicle on demand." That could mean: 1) if it's not approved by the assignee within 10 days, then it's too late for them to get it approved and too late for them to void the lease and too late for them to demand returning the car and the Lessor is still as named on the lease...the dealership. In other words, the lease is only "subject to" assignee approval within 10 days, but after 10 days it's no longer governed by whether an assignee approves it. 2) if it's not approved by the assignee within 10 days, then the lease is simply void and they can demand the car back any time. Which is the correct interpretation? The assignment wasn't rejected by the assignee until 20 days after execution of the lease. The dealership is named as the Lessor on the lease. It has been 50 days since execution. The dealership ("Lessor") refuses to accept monthly payments theoretically due to them, and instead advised around 30-40 days from execution to wait until it's due at the assignee. The assignee denied the lease so they will not accept monthly payments. Is there a valid lease here or a void lease? Can the Lessor legitimately deny payment? At what point is this going to come to a head? |
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