Legal Question in Credit and Debt Law in Georgia
A friend of mine was leasing a car and could no longer afford the note. Instead of turning the car in I paid the note. I never saw any paperwork I always told him at his word that the lease note was 615.00 Now the lease is up and according to him I went over the allowed miles. Am I liable for the miles? We did not have anything in writing about the miles. I did draw up an agreement that I would be responsible for the note and at the end of the lease I could purchase the car if I wanted too. I chose not to purchase the car but he wants me to pay for the miles even though I did not know waht the miles were.
2 Answers from Attorneys
He broke his contract in letting you assume his lease, which may affect the answer. But the exact wording of your agreement, which you did not share, also affects the answer. Without reading it, no one can answer you. See a local attorney.
You have made an expensive mistake. The lease agreement between your friend and the car company had a mileage limit. If you leased the car, then you were bound by all the same terms as in your friend's lease. You ought to have demanded a copy of the lease BEFORE you paid on the car. And you had no right to sublease the car unless the lease terms allowed you to sublease.
The problem now is that you do not indicate what the mileage was at the time you took over the note and how many added miles were put on. You also do not state what the lease says regarding miles.
If the mileage on the car exceeds the contract miles, then yes, you and your friend are going to be liable. You and he or she will have to figure out some way to apportion those excess miles between you, depending on when the miles were put on.
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