car lease issue
Discussion
In May of this year I ordered a small car from a leasing company. The estimated delivery date was August. When i rang them yesterday I was informed the estimated delivery date is now December. This is a real inconvenience to me and my initial reaction was to cancel my order. I have looked at the companies cancellation policy which seems to only cover the first 14 days post signature. I guess this is to dissuade people from ordering a car, then getting buyers remorse. the penalties seem to be loss of deposit and any charges from the finance company. My question is, at what point does a delayed delivery constitute a breach of contract on their part? My concern is what would be the position if come December they inform me that delivery is again delayed .Does their estimated delivery date on the contract mean they can continually delay delivery, holding me hostage with the cancellation fees over my head.
Any advice would be appreciated.
Any advice would be appreciated.
Tyre Tread said:
When you discussed the lease did you stse to the sales person that a delay would be unacceptable or make delivery date a condition of the contract?
Unfortunately no. This was my first foray into car leasing. I assumed the estimated August delivery was more than enough time to get a car delivered, I was amazed at the new est delivery date. My reason for posting on this forum is to find out whether there a legal definition of a delay long enough for the lease co to be in breach of contract. I feel the existing delay breaches the contract, but was hoping for some guidance on what a judge might feel if this were to go to court. For example, come December they tell me April is now the estimate, then rinse and repeat.Carefully examine the contract for any clauses that specify the delivery date or provide guidance on what happens in the event of a delay. Look for terms such as "estimated delivery date" versus a guaranteed delivery date.
Check if there is a force majeure clause that covers delays caused by unforeseen circumstances. This could potentially protect the company from breach of contract claims in certain scenarios.
In legal terms, the concept of "reasonable time" is often applied. If a company continually delays delivery without a reasonable explanation, it might be considered a breach of contract.
Sometimes, negotiating with the company for compensation or other forms of redress can be effective. This might include a reduction in leasing fees or other concessions.
If the company continues to delay delivery beyond December, your case for breach of contract becomes stronger, especially if the delays lack reasonable justification.
Check if there is a force majeure clause that covers delays caused by unforeseen circumstances. This could potentially protect the company from breach of contract claims in certain scenarios.
In legal terms, the concept of "reasonable time" is often applied. If a company continually delays delivery without a reasonable explanation, it might be considered a breach of contract.
Sometimes, negotiating with the company for compensation or other forms of redress can be effective. This might include a reduction in leasing fees or other concessions.
If the company continues to delay delivery beyond December, your case for breach of contract becomes stronger, especially if the delays lack reasonable justification.
Borghetto said:
Thank you Paddy for your comprehensive answer. At first I thought the delay might be due to the Houtis messing with access to the Suez Canal. But I now know that the Japanese manufacturer has been overwhelmed with orders - so no force majeure.
Given you might lose your admin fee for a specific vehicle order, can they not do anything to get you in a different vehicle which is "in stock" and available quickly and you wouldn't lose your fee or at least be able to negotiate . I got an in stock focus in November last year. That was 3 weeks after doing all the checks and paperwork etc. pavarotti1980 said:
Given you might lose your admin fee for a specific vehicle order, can they not do anything to get you in a different vehicle which is "in stock" and available quickly and you wouldn't lose your fee or at least be able to negotiate . I got an in stock focus in November last year. That was 3 weeks after doing all the checks and paperwork etc.
Had to look when you mentioned a focus a can’t say I’ve seen any for a while. All I ever see is a puma or a kuga. Whilst looking I seen they only either do a 1.0 eco boost or you have to get an st which is a 2.3.
Where’s all the choice of engines gone. Sad days.
Geffg said:
Had to look when you mentioned a focus a can’t say I’ve seen any for a while. All I ever see is a puma or a kuga.
Whilst looking I seen they only either do a 1.0 eco boost or you have to get an st which is a 2.3.
Where’s all the choice of engines gone. Sad days.
They used to do a 1.5 but I think its all the 3 pot ones now.Whilst looking I seen they only either do a 1.0 eco boost or you have to get an st which is a 2.3.
Where’s all the choice of engines gone. Sad days.
I did read they are going to pull the focus in favour of small SUVs but not sure how accurate that is
Borghetto said:
In May of this year I ordered a small car from a leasing company. The estimated delivery date was August. When i rang them yesterday I was informed the estimated delivery date is now December. This is a real inconvenience to me and my initial reaction was to cancel my order. I have looked at the companies cancellation policy which seems to only cover the first 14 days post signature. I guess this is to dissuade people from ordering a car, then getting buyers remorse. the penalties seem to be loss of deposit and any charges from the finance company. My question is, at what point does a delayed delivery constitute a breach of contract on their part? My concern is what would be the position if come December they inform me that delivery is again delayed .Does their estimated delivery date on the contract mean they can continually delay delivery, holding me hostage with the cancellation fees over my head.
Any advice would be appreciated.
Poor form on the companies part for not keeping you updated on your order, I would argue that with them before losing/paying the admin fee.Any advice would be appreciated.
Freakuk said:
Poor form on the companies part for not keeping you updated on your order, I would argue that with them before losing/paying the admin fee.
Sorry for the delay in answering. I have good news, they have refunded the admin fee and this without any arguments. I may give leasing a bit of a wide berth in future and just go back to buying a car I can see in the flesh. Thank you all for your comments..Borghetto said:
Sorry for the delay in answering. I have good news, they have refunded the admin fee and this without any arguments. I may give leasing a bit of a wide berth in future and just go back to buying a car I can see in the flesh. Thank you all for your comments..
The issue here is not leasing, but ordering a car that has to be built rather than in stock.You can lease a car that is in stock in the same way as purchasing one.
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