Legal Question in Business Law in Florida

On Saturday March 4th my husband and I traded in a 2004 Kia Amanti and signed a contract with a local reputable car dealership to lease a 2011 Chevy Cruze. We signed the contracts and took the car home that night. One week later (today, March 14) the dealership is now calling us back in because they said the lender will not approve the lease but will finance us for a retail purchase (buy the car) for approxiately $100 more per month. My question is, Is this legal? I have the signed contracts, put insurance on the vehicle and have shown it around to my family and co-workers.

History: Both my husband's and my credit scores are in the high 600 range because we are currently in the process of a home foreclosure. We do not have credit card debt and outside of the foreclosure issue, all of our remaining bills are paid on time every single month.

We are supposed to meet with the dealership tomorrow night and don't want to go in "blind". Do we have any options to save this deal?


Asked on 3/15/11, 5:50 am

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Your legal rights in this situation depend on the contract. Such provision in a contract enabling the dealer to, in effect, cancel the lease, and require you to purchase the vehicle should have been explained to you. Instead, the dealer waited until you no longer could cancel the contract. Generally, dealers, especially "local reputable car dealerships" do not employ these tactics. Advice: read the contract; if no such provision allows the dealer to make such requirement, advise the dealer you will first discuss the matter with an attorney, local consumer organization, Better Business Bureau, etc.

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Answered on 3/15/11, 7:05 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I basically agree with the other attorney answer. It depends on two things. First, what does the contract say about financing? Second, how badly do you want the vehicle? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/15/11, 7:08 am


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