Sample Car Lease Contract – Lease Agreement Form
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Closed-End Vehicle Lease AgreementConsumer vehicle leases are always “closed-end” leases, which should be specified here at the top of the lease agreement form. Closed-end agreements set a firm lease-end residual value, allowing the customer to return the vehicle at the completion of the lease without further financial obligation. “Open-end” leases are only for commercial vehicle use, and require the customer to pay any difference at lease-end between the initial residual value and the actual lease-end market value.
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This is an agreement to lease (the “Lease”) the vehicle described below (“Vehicle”). Lessor owns the Vehicle throughout the term of the Lease. Dealer is assigning this Lease and Vehicle to Lease Company (“Assignee”), and you agree to this assignment. In this Lease, “you” and “your” refers to any person signing this Lease as Lessee or Co-Lessee. “Lessor”, “we”, “us”, and “our” refer to Dealer and any Assignee. The Assignee will administer this lease.
This section identifies the Lessee (you), the Lessor (the dealer), and the Assignee (the lease company). It says that you are initially leasing the car from the dealer, but that the dealer will immediately hand over (assign) the lease to the lease company, assuming the lease company agrees to take it based on your credit approval. Therefore, the leasing company becomes the Lessor from this time forward. Payments and all matters concerning the lease should be addressed to the lease company, not the dealer.
I accept delivery of the Vehicle and acknowledge that it is in good operating order, equipped as described and has the odometer reading recorded below. |
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VEHICLE MAINTENANCE AND USE | |||
MAINTENANCE AND COSTS: You will pay all expenses for maintaining and repairing the vehicle, including having it serviced in accordance with the manufacturer’s minimum recommendations. You will keep the vehicle in good working order and condition and have any necessary repairs made using genuine manufacturer’s replacement parts. You will not make any changes to the vehicle which will affect it’s value or function without the lease company’s permission.REGISTRATION: You will register the vehicle as required in the state where the vehicle is located and pay all title, registration, and license costs. If you move, you will notify the lease company immediately. | USE: You will not allow unlicensed drivers to operate the vehicle, allow it to used for illegal or commercial purposes, use it for towing trailers that exceed the manufacturer’s recommendations, remove the vehicle from the country without the permission of the lease company, or install equipment without written permission. You will not transfer, sub-lease, or rent the vehicle without the lease company’s permission.
You will keep the vehicle in good condition, as if you owned it. You will pay for all expenses of maintaining, driving, licensing, registering the vehicle, just as if you owned it. None of this is the responsibility of the lease company. You will not allow the vehicle to be misused, altered, or re-located without the lease company’s knowledge and permission. You will allow only authorized licensed drivers to operate the vehicle.
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ENDING YOUR LEASE | |||
VOLUNTARY EARLY TERMINATION: You may terminate this lease early and, if you want to return the vehicle, you will owe the lease company an amount that will be determined as follows: The amount of your base monthly payment (without tax), times the number of payments not yet made, PLUS any official fees or taxes, PLUS the residual value, PLUS a disposition fee, MINUS the “Realized Value” (the amount the lease company would get by selling the vehicle at a wholesale dealer’s auction), MINUS unpaid finance charges.
The lease company’s way of calculating unpaid finance charges uses the “actuarial” method, which usually results in your owing more than you might expect. When your lease payments were first calculated in the beginning of your lease, the amount of each payment going to finance charges was the same each month for the life of the lease — and the amount going to pay down the depreciation was also the same each month. However, when you end your lease early the lease company has the right to “recalculate” your lease based on a financial formula that assigns more of your early monthly payments to finance charges, and less to paying off the capitalized cost. This means, for example, if you’re halfway through your lease and want to end it, by the lease company’s calculations, you still owe more than half of the original capitalized cost of your lease.
RETURN OF VEHICLE AT SCHEDULED TERMINATION DATE: Your leases ends one month after the last monthly payment is due, unless you and the lease company agree to extend the lease. You will either purchase the vehicle or return it to a location designated by the lease company — usually a local dealer. You must pay for any excessive wear or damages. You also must pay for mileage in excess of the amount you agreed to at the beginning of the lease, as specified elsewhere in this contract.PURCHASE OPTION AT END OF LEASE: You have the option to purchase the vehicle at lease-end for the amount specified elsewhere in this contract. You must pay any related official fees or taxes. You have the option to purchase your vehicle at lease-end, for the guaranteed purchase price stated in this contract. Depending on lease company, you have to pay a fee to exercise this option.
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OPTION TO PURCHASE VEHICLE BFORE END OF LEASE: You have the option to purchase the vehicle prior to the normal lease end date for the following amount: The amount of your base monthly payment without tax) times the number of payments not yet made, PLUS the residual value, PLUS an early purchase option fee (specified elsewhere in this contract, if any), MINUS unpaid finance charges. You must pay any related official fees or taxes.
The lease company’s way of calculating unpaid finance charges uses the “actuarial” method, which usually results in your owing more than you might expect. When your lease payments were first calculated in the beginning of your lease, the amount of each payment going to finance charges was the same each month for the life of the lease — and the amount going to pay down the depreciation was also the same each month. However, when you end your lease early the lease company has the right to “recalculate” your lease based on a financial formula that assigns more of your early monthly payments to finance charges, and less to paying off the capitalized cost. This means, for example, if you’re halfway through your lease and want to end it, by the lease company’s calculations, you still owe more than half of the original capitalized cost of your lease.
EXCESSIVE WEAR AND TEAR: If you don’t purchase your vehicle at lease-end, and you have excessive wear and tear, you will either have the problems fixed yourself or pay the lease company for the cost of fixing the problems, as determined by the lease company. Excessive wear and tear includes, but is not limited to the following: 1) any mechanical defect or failure, 2) broken or missing parts or accessories, 3) damaged body, fender, trim, lights, or windows, 4) chipped paint, 5) interior rips, burns, stains, or excessively worn areas, 6) missing spare tire or jack, 7) tires with less than 1/8 inch of tread at the shallowest point, or 8) safety or emission control equipment not in proper working order. Most lessees who maintain their vehicles well and keep damages repaired will have no problem with wear and tear fees at lease-end.
SECURITY DEPOSIT: The lease company may require a security deposit to be paid in the amount specified elsewhere in this contract. The lease company will refund this deposit to you at the end of the lease after deducting any charges that you may owe them. No interest will be paid to you. Depending on your credit rating, you may not be required to make a security deposit. If you do, it will be in an amount that is approximately equal to one month’s lease payment. Some leasers confuse security deposit with down payment. A security deposit is returned to you at lease-end, unless it must be used to help pay possible lease-end charges, such as excessive mileage charges. A down payment is made at the beginning of a lease to pre-pay some of the capitalized cost — to reduce the amount of your monthly payment. It is not returned.
ODOMETER DISCLOSURE: Federal law requires that you provide an accurate written statement of the vehicle’s odometer reading at the time you end your lease. |
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DEFAULT | |||
DEFAULT: You will be in default of this lease agreement if any of the following occur: a) You do not make a payment when it is due. b) Bankruptcy c) You become incompetent or die d) You provided false or misleading information for this lease e) Vehicle is stolen, lost, destroyed, or seized f) You sub-lease, transfer, or rent vehicle without permission g) You fail to pay traffic fines or tickets when due h) You fail to comply with any other provisions of this lease.WHAT YOU WILL OWE ON DEFAULT: Upon default, you will owe the lease company: 1) early termination charges (described earlier in this contract), 2) collection, repossession, storage, and sales expenses, and 3) legal and attorney’s fees, if any. A lease is a legal contract like any other. It requires that you fulfill your part of the deal, or else you are in “default.” The lease company can then sue you to pay what you still owe on the lease, and can take the vehicle from you. Some people have the misconception that they can end their lease cleanly by simply returning the vehicle to the lease company and stop making payments. This thinking comes from the mistaken notion that leasing is like renting. It isn’t, and it doesn’t work the same way. Ending a lease in this way will result in significant cost, headaches, no car to drive, and a damaged credit history. If you need to end your lease, do it in the proper way. See the “Early Lease Termination Guide” elsewhere in this Lease Kit.
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TOTAL LOSS OF VEHICLE: If you suffer a total loss of the vehicle you will immediately notify the lease company and your insurance company. Your insurance company will pay your lease company for the value of the vehicle.[IMPORTANT NOTE: Your insurance company will only pay what the vehicle is currently worth, minus your deductible, not what you still owe on your lease. If this section of your contract does not contain a statement such as the one below, you do not have “gap” protection and will owe the lease company additional money after the insurance has been paid. The amount of this money could be large.]The following statement is included in some lease contracts, but not others:“If we (the lease company) do not provide you with a comparable replacement vehicle, this lease will terminate and you will owe nothing more after the insurance company has paid us for the loss of the vehicle”. | ||
ADDITIONAL PROVISIONS | |||
OWNERSHIP: This is a lease agreement. The lease company owns the vehicle.LIMITATION OF LIABILITY: The lease company is not responsible for damages or defects in the vehicle— these are dealer and manufacturer responsibilities. You must continue to pay your lease payments even though the vehicle may not be in your use due to it being in the shop for repairs. | HEIRS AND REPRESENTATIVES: If you die, the responsibility for the lease may fall on your heirs, successors, or representatives.NOTICES: You must notify the lease company immediately of any change in your address. |