Legal Question in Consumer Law in Kansas
I received a quote on auto lease terms from an online broker from Florida. All coorespondance was by email. The website reads as follows:
"If you feel that your credit is good and would like to apply for a no cost, no obligation, credit evaluation and lease quote, first go to Lease Quote Requirements."
I provided the required personal information which was used to obtain a quote, pull a credit report, and submit an application, which was approved by a lender. A final fee was supposed to be wrapped into the lease deal. I however received more favorable terms from the dealership and did not complete the process with the broker. I offered to pay a percentage of the fee for his efforts but it was implied that I should pay the full fee.
Do I owe him anything? Does he have any recourse against me? Did we even go beyond the "no cost, no obligation, credit evaluation and lease quote"?
1 Answer from Attorneys
If the broker supplied a credit evaluation and lease quote for no fee, and nothing more, then you owe him nothing. Yet you say an application was submitted and approved by the lender. If you signed the application, you may be bound by its terms, if they do not violate applicable law. Also, you say "it was implied you should pay the full fee". Broker fees should be clearly referred to in plain language to be enforceable. If the contract is legal and has valid penalty provisions, it may be enforceable against you. I would need to read the actual correspondence and contracts to fully advise you. Fee free to email me at [email protected] or call me at 913 441 5025 if you want to discuss this in more detail.
Sean Santoro
Santoro Law Office
Licensed in Kansas and Missouri
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