Can a dealership make me return a leased car if it is the wrong model?

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Can a dealership make me return a leased car if it is the wrong model?

I recently leased a new car. I contracted for a 2010. I was presented a car by the dealership and was told that it was my car. A few days later I realized that I had actually been given a 2011. All the paperwork was void of a VIN number and stated the car was a 2010. They are no other changes (make, model, color). The dealership says they cannot let us keep the car without negotiating a new deal (i.e. higher payment) or they can find us a 2010. Can they make me return the car? Or, can I make them stick to the original lease with the car they presented me? Any other options?

Asked on October 20, 2010 under General Practice, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so this is just a big mistake in your favor.  But here is the deal: you negotiated for a 2010 and mistakenly a 2011 was delivered.  You KNEW it was the wrong car (not initially albeit but you came to know) and you have now refused to turn over the car you KNOW is not the one you negotiated for.  This can be a problem for you.  Can they make you return it? Yes, I believe that they can. You have no contract for this vehicle.  You have a contract for a vehicle that has not been delivered.  So the dealership was really foolish and handles their paperwork poorly.  Still, it is not your car.  Your options will be to negotiate a new deal for the car you have or to return the car and get the 2010.  No Judge is going to allow you to be unjustly enriched because of the error. But double check with an attorney in your area to be sure.   Good luck. 


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