Is unsigned lease a contract?

I do not think you have lease, but only a court can deceid that for sure. Without any bill of sale or lease document you have a stolen car. Just my thoughs. If I were you, I would get to the dealer as soon as possible with my check and buy the car outright if that is your desire.

 

Why are you trying to screw them instead of acting in good faith on something you initially agreed to?

 

I'm not an attorney, but I'd say its a grey area. If it were a PURCHASE contract, then I'd say no for sure. The statute of frauds (I'm in the real estate business so I'm familiar with contracts) states that an agreement to purchase any goods over the price of $500 has to be in writing to be enforceable. But, this is a lease, it is not an agreement to purchase anything, its a rental contract.

So the question would be was there an implied agreement to terms when you took possession of the vehicle...again as someone who is not an attorney but that is familiar with contracts...I would say yes. For instance in a residential lease if a tenant moves into a property and pays the landlord one month's rent, he has created a tenancy from month to month and both he and the landlord are protected under the law whether there is a formal lease or not.

I assume you paid one month's lease payment at driveoff?

 

Why is wanting to buy it outright, 'screwing' them?

Ask them, since you are coming in anyway, can we just change the terms to a sale instead of a lease.

 

Not sure what the big deal is here. If you have cash, then sign the lease and on the first payment, pay off the car. There's no reason why you would need to uproot the entire deal because of a technicality.

Or, are you talking about doing a FINANCED purchase instead of a lease? if that is the case, then no, you shouldn't try to change it on them. This is the deal you agreed to.

Does no one honor their word anymore? This land of lawsuits has caused this kind of thing to even be an issue.

 

You may not be able to just "pay off" your lease. Check the lease terms. You can pay all the payments upfront...but they may not let you buy it out.

 

This is true....

However, I think it would be silly to lease a vehicle that you did not have the option to buy at the end of the lease. I guess this is possible, but never happened on any of my leases in the past.

 

You'll always have the option to buy at the END of the lease. The question is whether or not you can buy it out within the period of the lease. I've had lease agreements where you could...and agreements where you could not.

 

What if they say no? Then what? Will you just sign?

If you are using the fact that you did not sign as 'leverage' then you are screwing them.

 

Generally, the contract is implied. In many States, the signature may not be legally necessary as prima facie evidence shows that the intent was there - especially where you took possession of the vehicle.
Most of the time, the only way for the deal to not be valid is to say it was not your intent to lease the vehicle, that is why you never signed it - but you would probably be in court and under oath which would make it perjury.
I am NOT an atty, but that is my understanding about contracts. Just ask them if you can change your mind and buy it. If not, I wouldn't risk trying to weasel out of it - the end financial risk of having to defend yourself against a claim of default (or repo) wouldn't be worth it to me.

 

Clearly your intent was to lease. You took possession of the car, you initialled the lease agreement in several places, and through an oversight, didn't sign it. If this went to court, my guess is you'd lose. CLEARLY you intended to lease the car .... otherwise why would you have taken possession and initialled in a few places ?

I think they'd be doing you a nice favor letting you switch to a buy at this point, but I'd give it a try, being polite and honest. If you try to be a wise guy or a make believe lawyer you may not like the result. They sell cars for a living ... thousands of them ... this has certainly happened before, and they probably have lawyers on retainer for the dealership ... do you ???

Honor your agreement and consider yourself lucky if they let you change it. You're not going to beat them at this game. Your INTENT was clearly to lease, and the reasonable man would find that was the case.

REV

 

As much as I am not a fan of car dealers, if we didn't have them, how would you buy the car? Who would fix it?

Just go sign the paperwork, it's what is right and your question is what is wrong with today's society.

 

nothing wrong with asking if you can buy it, but if they agree, they'll probably make more than on the lease.

 

You need to grow up.

 

Time to grow a pair and step up to the pump. Your initials nail you anyway. I can't believe this thread has not been locked and you have not been banned from the forums.

 

Since you have already taken possession, and pretty much don't have any options but to sign the lease, you really don't have much negotiating leverage at this point. Not that it really matters since they are going for MSRP. Would you be willing to pay MSRP? Why didn't you initially purchase the car as opposed to leasing it?

Not sure why so many people have issues with dealerships. It doesn't have to be a bad experience. If you buy from a reputable dealership and buy through fleet, its actually very easy.

 

Makes sense to me. Lessee definitely intended to lease. He acknowledge (initials) portions of contract. He took delivery. The dealer may not care whether he tries to buy, but the lessor may not allow it.

 

It may be for a lease...but I can tell you with almost absolute certainty that a contract to PURCHASE a good as expensive as a car cannot be implied...it must be in writing and signed by all parties, with copies of said contract delivered to all parties to be enforceable.