[charles3526]

Hello all

Just picked up a new 2016 nox 1lt. I also have a 2013 malibu that im returning in a few months i was looking over my lease contract when i got home. I seen that in the area where it says how much they charge for the overage per mile it says
n/a. It is not stated in the contract how much it is when u go over the mileage. Could that be an error in my part? I brought the contract to chevy dealer to show them and they said they never saw anything like that and they dont know how the bank approved the lease without those terms written in. So whats anyone opinion on this? Could i stand by the contract and not owe them anythiny for my overage?

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[DrivenDaily]

A contract, for better or worse, is a contract.

 

[charles3526]

So then u think the contract is in my favor

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[DrivenDaily]

Well, if they have "n/a" in the Per-Mile charge area and you're over the mileage limit then they actually have no leg to stand on. How can they charge you for something that says "n/a"?

But I'm not a lawyer. Maybe a consultation with one or a trusted friend is in order.

 

[joelw]

I'm a New York attorney, and I'd say you're in great shape. There is no ambiguity here - the contract clearly states that the paragraph is not applicable. If GM did try to argue that the clause is ambiguous, then they would face the legal principal that a contract which is ambiguous is construed most harshly against the party which drafted the contract, and here that would be GM. But again, it's not ambiguous. They could try to argue that the clause is a mistake, and that the industry "custom and usage" would impose a mileage amount, but they are bound by the terms contained within the four corners of the contract, and a court cannot look beyond the written terms of the agreement. Legally, my friend, you're golden, in my opinion.

Disclaimer - I am not qualified to provide legal advice outside the State of New York. This is not meant to be specific legal advice for your situation, and you are encouraged to consult an attorney in your state who can review all of the facts with you, and provide you with an opinion after reviewing the document and the surrounding circumstances.

Good luck!

 

[charles3526]

Hello joelw

Thank you i just got off the phone with the financial department they said they have never see that before. And its sopposed to say .25 per mile but mine dont. It was blank when by the dealer so they said they will call the funding department and see what they say and get back to me. The women also said they might send out a new lease agreement. 3 years later thays crazy isnt that. Im in new york also.that new lease agreement woldnt be worth anything unless signed correct.

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[joelw]

Charles - You are under no obligation to sign a new lease agreement if they send it to you. The present lease remains in full force and effect, and they can't do anything to force you to sign a new one. You're in a unique situation, and there's no reason to give up your rights. As long as you don't sign the new lease, you're fine. The dealer made a mistake, and there's no reason why you should suffer from it. Think of it this way - if you had been the one who made a mistake, and you asked them to correct it, they would tell you "too bad".

Where in New York are you located? Not looking to grab you as a client, since I'm retired; just curious. I'm on Long Island.

Good luck.

Disclaimer: This is not meant to be specific legal advice for your situation, and you are encouraged to consult an attorney who can review all of the facts with you, and provide you with an opinion after reviewing the document and the surrounding circumstances.

 

[charles3526]

Thak you im on LI also

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[charles3526]

What kind of lawyer would i need to look for in this type of sisuatuon if i need to find one

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[joelw]

Both the Nassau County and the Suffolk County Bar Associations have lawyer referral services, where you can find a good lawyer at a reasonable fee. I believe they also provide a free consultation. They can get you someone in your local area who specializes in contract law, and you can be confident that the attorney is qualified. You can also inquire of your friends and relatives. Don't pick someone from the Internet.