What to do about a fraudulent car lease?

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What to do about a fraudulent car lease?

A month ago I leased a car for my son because he was not approved. The pays on the lease came out to $100 more than we were told so I did not want to sign the papers when we went to pick up the car. Finance guy said not to worry about the extra $100 because the dealership would be sending us a check for $800 in 10 days to cover the extra $100 month until my son could refinance the loan in his name in 8 mths time. Now 1 month later, finance guy has had nothing but excuses as to why we have not received the $800 and I told them I want to return the car. I never filled out a credit app. and when I went to the dealer to ask to see it, the application was all typed in with fraudulent info that I never saw or gave them. Can I legally return it?

Asked on April 7, 2013 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may not be able to return it. You say the credit application was typed out with "fraudulent" information--but if you saw the information and signed or otherwise approved its use, then it was not legally "fraudulent," since it was information, even if incorrect, that you allowed them to submit for you. Similarly, you agreed to a lease that is $100 more than you wanted because of an oral representation that you'd get a check for $800...you could have refused to sign, or insisted on getting something in writing about the check, but instead agreed to the higher lease. If you agreed to things which you felt were wrong, then legally at least (even if not factually) they were not wrong.


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