Walk away from my auto lease?

Non-investing personal finance issues including insurance, credit, real estate, taxes, employment and legal issues such as trusts and wills
Topic Author
boglerocks
Posts: 657
Joined: Sun Apr 03, 2011 9:08 pm

Walk away from my auto lease?

Post by boglerocks »

I'm 1 year into a 2 year lease of a 2018 vehicle with currently 5000 miles. Recently the transmission exploded and the maker is refusing to fix it under warranty because they say there is no sign of mechanical defect. Estimate for the repair is $5,000. Needless to say this is very distressing. I'm trying to figure out whether to just walk away from the lease since the maker has broken our contract by no longer providing me with a functional vehicle. Any advice?
MikeG62
Posts: 3549
Joined: Tue Nov 15, 2016 3:20 pm
Location: New Jersey

Re: Walk away from my auto lease?

Post by MikeG62 »

boglerocks wrote: Tue May 07, 2019 1:21 pm I'm 1 year into a 2 year lease of a 2018 vehicle with currently 5000 miles. Recently the transmission exploded and the maker is refusing to fix it under warranty because they say there is no sign of mechanical defect. Estimate for the repair is $5,000. Needless to say this is very distressing. I'm trying to figure out whether to just walk away from the lease since the maker has broken our contract by no longer providing me with a functional vehicle. Any advice?
What do they then say was the cause of the transmission exploding, if not a mechanical failure?

What brand of auto?
Real Knowledge Comes Only From Experience
Hypersion
Posts: 255
Joined: Mon Feb 18, 2013 3:20 am

Re: Walk away from my auto lease?

Post by Hypersion »

Have you talked to your insurance company?
surfstar
Posts: 2418
Joined: Fri Sep 13, 2013 12:17 pm
Location: Santa Barbara, CA

Re: Walk away from my auto lease?

Post by surfstar »

Wow. Broken transmission + 5,000 miles = mechanical defect to me.
With a modern vehicle, you'd have to TRY really hard to break one that quickly.

Keep escalating it. Regional director/whatever for the manufacturer, other people up the food chain for the leasing/finance, etc.
Oh, and they should be providing a loaner/rental in the meantime.

Good luck!
Jack FFR1846
Posts: 13252
Joined: Tue Dec 31, 2013 7:05 am
Location: 26 miles, 385 yards west of Copley Square

Re: Walk away from my auto lease?

Post by Jack FFR1846 »

State division of consumer affairs.
State Attorney General.

Typically, if either of these entities intervene on your behalf, the auto company will quickly take care of you. While they're fixing it, they should provide you with a free loaner car, too.
Bogle: Smart Beta is stupid
Topic Author
boglerocks
Posts: 657
Joined: Sun Apr 03, 2011 9:08 pm

Re: Walk away from my auto lease?

Post by boglerocks »

They say I must have engaged in some kind of abusive behavior which I did not.

I talked to my insurance broker and she says I'm not covered for any kind of mechanical problem (even though I do have comprehensive coverage since it's a lease).

Just based on my experience with government I don't expect to make any progress with consumer affairs or the attorney general. As for the dealership this seems to be completely out of their hands. At the auto maker I've already had a shouting match with customer service and I don't expect to fare much better up the trough there.

I've been dealing with this situation a lot already and I'd like to be done with it. If I walk away from the lease, how will it play out? I would think they'll say I owe them $10,000 or so which will sit on my credit report until I sue them or something?

Also: no loaner since it isn't covered under warranty.
User avatar
Gamma Ray
Posts: 487
Joined: Sun Feb 01, 2015 8:16 pm
Location: Bouncing between FL and NYC

Re: Walk away from my auto lease?

Post by Gamma Ray »

You still did not say which brand/maker and don't feel bad about plastering dealer/make/model names on the web.
If you really absolutely did not do anything wrong, you might be able to sue them in small claims court for selling you a defective vehicle.

You might need an independent but certified mechanic and have them do an inspection, if you really did not do anything wrong, and he can confirm the vehicle had a defect which resulted in transmission exploding (how does this even happen) you might have a case. Maybe the attorneys might even have mechanics they worked with in the past.

I don't think you can walk away from the lease.
Topic Author
boglerocks
Posts: 657
Joined: Sun Apr 03, 2011 9:08 pm

Re: Walk away from my auto lease?

Post by boglerocks »

It's a lease so I can technically stop making payments and walk away where if I had purchased it I wouldn't be able to do that. But I'm trying to figure out what that will look like.
Jags4186
Posts: 5480
Joined: Wed Jun 18, 2014 7:12 pm

Re: Walk away from my auto lease?

Post by Jags4186 »

boglerocks wrote: Tue May 07, 2019 3:42 pm It's a lease so I can technically stop making payments and walk away where if I had purchased it I wouldn't be able to do that. But I'm trying to figure out what that will look like.
It will be a repossession and they will sue you for what you owe plus the damage to the vehicle they say you caused. If they get a judgment they will drain your checking account that you were using to make payments.

If you do plan to go down this rabbit hole, open new accounts at different banks and close this account. You’ll never be able to borrow money while this judgment sits on your record. If they find out where you work they can try and garnish wages.

Contact a lemon law attorney.
Last edited by Jags4186 on Tue May 07, 2019 3:45 pm, edited 1 time in total.
DonIce
Posts: 1127
Joined: Thu Feb 21, 2019 6:44 pm

Re: Walk away from my auto lease?

Post by DonIce »

Call the company out on social media. Public shaming does wonders.

Don't walk away from the lease. That will ruin your credit for no reason. The company is obligated to fix it, transmission is covered under warranty and their refusal to fix it can be overcome by applying some pressure.
User avatar
ResearchMed
Posts: 11171
Joined: Fri Dec 26, 2008 11:25 pm

Re: Walk away from my auto lease?

Post by ResearchMed »

boglerocks wrote: Tue May 07, 2019 3:42 pm It's a lease so I can technically stop making payments and walk away where if I had purchased it I wouldn't be able to do that. But I'm trying to figure out what that will look like.
I'd be surprised if that is the case.

Does your lease specifically state that there is *no* penalty with just walking away?
How is that worded?

RM
This signature is a placebo. You are in the control group.
User avatar
8foot7
Posts: 2446
Joined: Mon Jan 05, 2015 7:29 pm

Re: Walk away from my auto lease?

Post by 8foot7 »

ResearchMed wrote: Tue May 07, 2019 3:47 pm
boglerocks wrote: Tue May 07, 2019 3:42 pm It's a lease so I can technically stop making payments and walk away where if I had purchased it I wouldn't be able to do that. But I'm trying to figure out what that will look like.
I'd be surprised if that is the case.

Does your lease specifically state that there is *no* penalty with just walking away?
How is that worded?

RM
I think OP means that if he had purchased the car with cash he couldn't just walk away because the vehicle would still be titled in his name, but since the owner of the vehicle is the lessor or its trust, he can simply stop making payments without worryng about the disposition of the vehicle.
User avatar
8foot7
Posts: 2446
Joined: Mon Jan 05, 2015 7:29 pm

Re: Walk away from my auto lease?

Post by 8foot7 »

This is where I'd get an attorney to write the Executive Office of your car maker and the Executive Office of the captive finance/lessor company a letter, with a cc to your state's attorney general, DMV commissioner, and insurance commissioner. Even if you don't expect to get results with the latter three, there are boxes you need to check to protect yourself later on down the road.

And sure, you can walk away and they will torch your credit. Your credit will come back in a couple of years. They may or may not sue you, and especially if you document your case with them beforehand, they may well not sue for the deficiency.

Although perhaps you should welcome a suit and file a counterclaim for damages and expenses.
User avatar
ResearchMed
Posts: 11171
Joined: Fri Dec 26, 2008 11:25 pm

Re: Walk away from my auto lease?

Post by ResearchMed »

8foot7 wrote: Tue May 07, 2019 3:52 pm
ResearchMed wrote: Tue May 07, 2019 3:47 pm
boglerocks wrote: Tue May 07, 2019 3:42 pm It's a lease so I can technically stop making payments and walk away where if I had purchased it I wouldn't be able to do that. But I'm trying to figure out what that will look like.
I'd be surprised if that is the case.

Does your lease specifically state that there is *no* penalty with just walking away?
How is that worded?

RM
I think OP means that if he had purchased the car with cash he couldn't just walk away because the vehicle would still be titled in his name, but since the owner of the vehicle is the lessor or its trust, he can simply stop making payments without worryng about the disposition of the vehicle.
How does this mean the OP can just "walk away"?

From OP's post: OP believes he/she "can technically stop making payments and walk away".
Similarly, with a purchase and yet-unpaid loan, I suppose one could state that one "can technically stop making payments and walk away". After all, the "only" thing that would happen then is the car getting repossessed, and credit taking a massive hit.
How is that different from just leaving a leased car somewhere (driveway or dealer or ?) and "walking away"?
One is still obligated for the contracted payments, and the car would be repossessed.

RM
This signature is a placebo. You are in the control group.
Topic Author
boglerocks
Posts: 657
Joined: Sun Apr 03, 2011 9:08 pm

Re: Walk away from my auto lease?

Post by boglerocks »

I've tried the social media thing. I stopped making lease payments and now they're calling me every other day. About 20 days late now. I don't want to ruin my credit. Hiring an attorney to save $5,000 doesn't make sense. Am I screwed or what?

BTW when I say technically I mean physically, not legally. You can walk away from a car that isn't yours but you can't walk away from your own car.
260chrisb
Posts: 709
Joined: Wed Apr 28, 2010 7:26 pm

Re: Walk away from my auto lease?

Post by 260chrisb »

Didn't know you could do a 2 year lease on a new car? What make and model is it?
User avatar
sk2101
Posts: 498
Joined: Sun Jun 02, 2013 4:54 pm

Re: Walk away from my auto lease?

Post by sk2101 »

You have a contractual obligation to fulfill the lease agreement with whoever is the counterpart. That is separate from the vehicle warranty. In many instances the Leasing Arm of a manufacturer is really one of the big banks. And even if it is a division of the manufacturer they see it as an independent company.

So, the way I see this, you are on the hook for the remaining lease payments + the excess wear and tear (repairs) needed to bring the car back to operating condition = not good.

You need to escalate this, bring legal action if necessary and make the manufacturer pay. Maybe you can hire a lemon law attorney or bring it to small claims. They should compensate you for whatever losses you have incurred on the lease as well.

ETA: I wouldn't stop making lease payments - that can ding your credit very quickly. Not worth it.

Would you think it would be Ok to stop paying your mortgage if your roof started leaking?
Last edited by sk2101 on Tue May 07, 2019 4:10 pm, edited 2 times in total.
User avatar
ResearchMed
Posts: 11171
Joined: Fri Dec 26, 2008 11:25 pm

Re: Walk away from my auto lease?

Post by ResearchMed »

boglerocks wrote: Tue May 07, 2019 4:02 pm I've tried the social media thing. I stopped making lease payments and now they're calling me every other day. About 20 days late now. I don't want to ruin my credit. Hiring an attorney to save $5,000 doesn't make sense. Am I screwed or what?

BTW when I say technically I mean physically, not legally. You can walk away from a car that isn't yours but you can't walk away from your own car.
Okay... you can walk away from the *car*.

But you signed a CONTRACT about the lease, with payments, schedules, etc.
You still have that obligation, regardless of where the car is sitting.

Why would you think you would not have to keep making payments?
Did you read the terms of the lease agreement before signing?

I'm not quite understanding why you think you can do this with a lease... that you don't have to adhere to the contract.
The fact that they are "calling every other day" suggests that it's not at all that "simple".
It does sound pretty much like if you were late with a car payment, but I doubt they'd be calling that often with a single late payment. Is there more going on here than a single payment problem? Have you not paid for several months?

RM
This signature is a placebo. You are in the control group.
MikeG62
Posts: 3549
Joined: Tue Nov 15, 2016 3:20 pm
Location: New Jersey

Re: Walk away from my auto lease?

Post by MikeG62 »

Gamma Ray wrote: Tue May 07, 2019 3:39 pm
...You might need an independent but certified mechanic and have them do an inspection, if you really did not do anything wrong, and he can confirm the vehicle had a defect which resulted in transmission exploding (how does this even happen) you might have a case.
I would do this.

I asked before, and I'll ask again. What are they saying caused the transmission to "explode" and how could they determine it is not a mechanical defect unless they pulled the transmission out and inspected it?

I am pretty familiar with cars (having done most of my own maintenance for decades) and I've never heard of a transmission exploding. Maybe I am wrong, but something just does not sound right here. My gut tells me there is more to this story.

What is the make and model? Why are you reluctant to share it?
Real Knowledge Comes Only From Experience
H-Town
Posts: 3324
Joined: Sun Feb 26, 2017 2:08 pm

Re: Walk away from my auto lease?

Post by H-Town »

boglerocks wrote: Tue May 07, 2019 1:21 pm I'm 1 year into a 2 year lease of a 2018 vehicle with currently 5000 miles. Recently the transmission exploded and the maker is refusing to fix it under warranty because they say there is no sign of mechanical defect. Estimate for the repair is $5,000. Needless to say this is very distressing. I'm trying to figure out whether to just walk away from the lease since the maker has broken our contract by no longer providing me with a functional vehicle. Any advice?
I'm having trouble understanding how a comprehensive warranty of a new car does not cover your transmission. It's not like you take a baseball bat and destroyed your transmission on purpose? What did they say you did? And did you do what they said you did?

Most of new cars have 5 years or 50,000 miles bumper to bumper warranty.
Topic Author
boglerocks
Posts: 657
Joined: Sun Apr 03, 2011 9:08 pm

Re: Walk away from my auto lease?

Post by boglerocks »

The idea is that the auto maker broke our agreement by not honoring the warranty. But this isn't really worth arguing about. I'm interested in how this will play out in the real world.

I've missed 1 payment and am 20 days late.

I've done several 2 year auto leases.

Oh and if the mortgage company promised to fix my roof if it leaks and I was forced to move out due to a leaky roof then yes I would want to stop making mortgage payments.
fyre4ce
Posts: 1262
Joined: Sun Aug 06, 2017 11:29 am

Re: Walk away from my auto lease?

Post by fyre4ce »

Here's another idea: small claims court. I had a good experience in small claims court a few years ago. Sued a major airline when they screwed me out of a plane ticket in plain violation of the contract, and I won the price of the ticket plus about $400 for the trouble. The statutory limit is probably $5k or $10k in your jurisdiction. If $10k, you could ask for more than the repair (I calculated my daily pay x days off work). Learn the process for small claims in your jurisdiction, but if you're above average smarts (probably if you're on BH) and are willing to learn a new process, it might be your best option. You'll have to figure out what paperwork to file, who to actually sue (might not be so simple - dealership, car company, etc), and you'll have to serve them properly. They're not allowed to bring a lawyer into court, but you can each bring expert witnesses, so I'd start preparing one in case it goes to trial.

As has already been stated, payment of the lease and the repair seem like mostly separate issues. Unless I really wanted out of the lease for other reasons, I'd probably continue to pay the lease to avoid damaging my credit and getting sued. Then, collect as much evidence on the actual transmission damage/repair as possible. Ask them for all their paperwork, go see it yourself, take pictures, maybe even bring in your own mechanic who you pay by the hour. It may be easier and cheaper (ie. no rental car) to just pay for the repair out of pocket, and then take them to court to recover the cost. If they refuse to give you any records you want, you can subpoena them as part of the court process.

Disclaimer: I'm not a lawyer and this isn't legal advice.
yohac
Posts: 418
Joined: Sat Sep 01, 2018 1:42 pm

Re: Walk away from my auto lease?

Post by yohac »

Unfortunately you may have to sue. In court, they would have the burden to prove you abused it.
User avatar
ResearchMed
Posts: 11171
Joined: Fri Dec 26, 2008 11:25 pm

Re: Walk away from my auto lease?

Post by ResearchMed »

boglerocks wrote: Tue May 07, 2019 4:17 pm The idea is that the auto maker broke our agreement by not honoring the warranty. But this isn't really worth arguing about. I'm interested in how this will play out in the real world.

I've missed 1 payment and am 20 days late.

I've done several 2 year auto leases.

Oh and if the mortgage company promised to fix my roof if it leaks and I was forced to move out due to a leaky roof then yes I would want to stop making mortgage payments.
Uh, since when is a mortgage lender responsible for making necessary repairs?
When/why would they ever make such a promise?

In almost all cases, it would be the homeowner (borrower of the mortgage money) who is *responsible* for maintaining the home in suitable condition.
Otherwise, the lender (that "mortgage company") might have significant legal recourse.

RM
This signature is a placebo. You are in the control group.
User avatar
sk2101
Posts: 498
Joined: Sun Jun 02, 2013 4:54 pm

Re: Walk away from my auto lease?

Post by sk2101 »

You know what is the worse case scenario?

You have stopped making payments. They send a tow truck and repossess the vehicle. They realize the vehicle is damaged and sell it for peanuts at repossession sale. They will send you a deficiency collection for the difference that is owed.

See... you never have a chance to rectify the problem with the manufacturer and you end up owning them a lot of money. Don't go down that road!
User avatar
8foot7
Posts: 2446
Joined: Mon Jan 05, 2015 7:29 pm

Re: Walk away from my auto lease?

Post by 8foot7 »

If you really only have 12 lease payments remaining, you might consider continuing to pay the lease payments to protect your credit but getting a new vehicle and driving that. At the end of the lease, you can return the unrepaired vehicle at that time and tell them it's their problem. That may be better because you've fulfilled your rental obligation and thus what you're arguing about is the repair cost of the car that should have been paid by the manufacturer. They will have far less leverage over you because they cannot report your lease delinquent (or at maximum they could only report a single payment--your last--delinquent based on disposal costs); they'd have to bill you for the repair cost of the car and then sue you to collect it, and there's plenty of opportunity for conflict and settlement in that space, and such settlement might include some reimbursement for the lease payments. For best results, I'd continue to press the warranty issue during the entire time you're paying the lease so that they can't claim you "de facto accepted" the condition of the car and their answer.
Last edited by 8foot7 on Tue May 07, 2019 4:24 pm, edited 1 time in total.
fyre4ce
Posts: 1262
Joined: Sun Aug 06, 2017 11:29 am

Re: Walk away from my auto lease?

Post by fyre4ce »

boglerocks wrote: Tue May 07, 2019 4:17 pm
Oh and if the mortgage company promised to fix my roof if it leaks and I was forced to move out due to a leaky roof then yes I would want to stop making mortgage payments.
Be careful to not conflate two things. In your house analogy, mortgage companies (eg. banks) don't typically fix roofs, insurance companies do. If you were having a dispute with your insurance company over covering a roof repair (this actually happened to me) and you stopped paying your mortgage to the bank, the bank would be within their rights to start foreclosure process, and your problems would be compounded. In the house situation, I would make sure to continue to pay the mortgage. If there were leaks or emergent problems with the roof and the insurance company refused to fix, I would probably pay to fix the roof myself, and then go sue the insurance company after the fact for damages. If you let the roof leak and damage other stuff in your house while the dispute is on-going then you could be responsible for that other damage.
Yooper16
Posts: 293
Joined: Mon Aug 21, 2017 7:44 am

Re: Walk away from my auto lease?

Post by Yooper16 »

boglerocks wrote: Tue May 07, 2019 4:17 pm The idea is that the auto maker broke our agreement by not honoring the warranty. But this isn't really worth arguing about. I'm interested in how this will play out in the real world.

I've missed 1 payment and am 20 days late.

I've done several 2 year auto leases.

Oh and if the mortgage company promised to fix my roof if it leaks and I was forced to move out due to a leaky roof then yes I would want to stop making mortgage payments.
[
/quote]

Same response that someone gave you regarding the manufacturer is not the loan holder. Your issue for a leaky roof would have been that the person you bought the house from promised to fix the leaky roof as part of the sales contract, not the mortgage holder.

The mortage holder and the bank who finanaced your lease, simply loaned you the $$. If you did what you say would do with a leaky roof-- you would be living in your leased car with the crapped out tranny--- that is until they reposses your car---- then you will be living in the park.

Good luck with that. :oops:
User avatar
8foot7
Posts: 2446
Joined: Mon Jan 05, 2015 7:29 pm

Re: Walk away from my auto lease?

Post by 8foot7 »

Yooper16 wrote: Tue May 07, 2019 4:24 pm
boglerocks wrote: Tue May 07, 2019 4:17 pm The idea is that the auto maker broke our agreement by not honoring the warranty. But this isn't really worth arguing about. I'm interested in how this will play out in the real world.

I've missed 1 payment and am 20 days late.

I've done several 2 year auto leases.

Oh and if the mortgage company promised to fix my roof if it leaks and I was forced to move out due to a leaky roof then yes I would want to stop making mortgage payments.
[
/quote]

Same response that someone gave you regarding the manufacturer is not the loan holder. Your issue for a leaky roof would have been that the person you bought the house from promised to fix the leaky roof as part of the sales contract, not the mortgage holder.

The mortage holder and the bank who finanaced your lease, simply loaned you the $$. If you did what you say would do with a leaky roof-- you would be living in your leased car with the crapped out tranny--- that is until they reposses your car---- then you will be living in the park.

Good luck with that. :oops:
I don't know what auto make this is but Toyota Financial is an arm of Toyota Motor, for example, so I'd have little problem withholding money from one arm because the other did not hold up their end of the bargain. This wouldn't work with, say, Subaru and Chase, as they are indeed two different entities. But often leases are written by the financial arm of the manufacturer.
User avatar
sk2101
Posts: 498
Joined: Sun Jun 02, 2013 4:54 pm

Re: Walk away from my auto lease?

Post by sk2101 »

boglerocks wrote: Tue May 07, 2019 4:17 pm Oh and if the mortgage company promised to fix my roof if it leaks and I was forced to move out due to a leaky roof then yes I would want to stop making mortgage payments.
Please read your leasing agreement, there is nowhere there saying that the leasing company is responsible for repairing your vehicle. And the leasing company is NOT the manufacturer, even is the names may look similar.
niceguy7376
Posts: 2855
Joined: Wed Jul 10, 2013 2:59 pm
Location: Metro ATL

Re: Walk away from my auto lease?

Post by niceguy7376 »

Is it even worth it for the forum members to help OP but get ignored on the basic question they asked but never responded by OP?

Make and Model
sc9182
Posts: 404
Joined: Wed Aug 17, 2016 7:43 pm

Re: Walk away from my auto lease?

Post by sc9182 »

Or, you hope God (or, circumstances) does a favor to you, by say: a hail/flood/theft etc “Totals” your car! Technically your lease ends on such Total event, hopefully you have GAP insurance (or your lease has this GAP built in-it).

Or possibly you can trade this piece of lemon for another car (not talking lease return, but trade-in), and live with an upside down lease and hope/pray for a Total :-)

Joking aside, not many options without losing money/shirt!! Btw, don’t blame lease, you could have been in this same s- -t even if you had bought the car Vs leasing it. Blame the car/manufacturer!!
Topic Author
boglerocks
Posts: 657
Joined: Sun Apr 03, 2011 9:08 pm

Re: Walk away from my auto lease?

Post by boglerocks »

I'm sorry but I'm not going to post the make and model.

I don't want to turn this into my life's work so I think I'm going to start paying my lease again and pay for the transmission repair. It sounds like I'd be getting into a giant mess if I do anything else.

EDIT: Maybe pay the lease, repair the transmission, and try for some low hanging fruit after the fact that might get them to reimburse me?
Last edited by boglerocks on Tue May 07, 2019 4:35 pm, edited 1 time in total.
bob60014
Posts: 1829
Joined: Mon Jul 31, 2017 8:59 pm
Location: The Land Beyond ORD

Re: Walk away from my auto lease?

Post by bob60014 »

What is the make and model? We may be able to provide another avenue to assist you. Besides, no one knows who you are! :)
fru-gal
Posts: 1590
Joined: Wed Jan 02, 2019 9:48 pm
Location: New England

Re: Walk away from my auto lease?

Post by fru-gal »

niceguy7376 wrote: Tue May 07, 2019 4:28 pm Is it even worth it for the forum members to help OP but get ignored on the basic question they asked but never responded by OP?

Make and Model
There is something odd about this. Did the OP actually damage the vehicle through misuse? I am beginning to think so. In which case, he's up the creek.
User avatar
sk2101
Posts: 498
Joined: Sun Jun 02, 2013 4:54 pm

Re: Walk away from my auto lease?

Post by sk2101 »

I wouldn't give us this easily. It is unacceptable that a car with 5,000 miles needs a new transmission. I understand you don't want to spend a lot of time on this but I think it would be worthwhile to at least contact a couple of attorneys and ask their opinions, they may be able to help you and it won't cost you anything. One of the most prominent lemon law attorneys is Steve Letho in Michigan (google him), he may be able to help even in other states.
Good Luck!
260chrisb
Posts: 709
Joined: Wed Apr 28, 2010 7:26 pm

Re: Walk away from my auto lease?

Post by 260chrisb »

Not sure what you mean by you "not wanting to turn this into my life's work".
Gill
Posts: 7081
Joined: Sun Mar 04, 2007 8:38 pm
Location: Florida

Re: Walk away from my auto lease?

Post by Gill »

This whole thing smells. You're telling us the transmission blew up at 5,000 miles and the manufacturer won't honor the warranty and now you're going to swallow the loss and continue with the lease? Is there something you're not telling us? Was this car used for drag racing, running off road or something of the sort? I can't believe any manufacturer in the US, Japan, Europe, Korea or elsewhere wouldn't honor its warranty for a legitimate transmission failure. Curious minds suspect we're missing a few relevant facts.
Gill
Last edited by Gill on Tue May 07, 2019 4:42 pm, edited 1 time in total.
Cost basis is redundant. One has a basis in an investment | One advises and gives advice | One should follow the principle of investing one's principal
User avatar
tennisplyr
Posts: 2809
Joined: Tue Jan 28, 2014 1:53 pm
Location: Sarasota, FL

Re: Walk away from my auto lease?

Post by tennisplyr »

Walking will negatively impact your credit score.
Those who move forward with a happy spirit will find that things always work out.
Topic Author
boglerocks
Posts: 657
Joined: Sun Apr 03, 2011 9:08 pm

Re: Walk away from my auto lease?

Post by boglerocks »

I did not abuse it. I've been fighting this but I don't want to go to court and I'm getting nervous about my credit. I don't know what else to do. I'm trying to be practical.
supersharpie
Posts: 784
Joined: Wed Dec 22, 2010 1:28 pm

Re: Walk away from my auto lease?

Post by supersharpie »

Gill wrote: Tue May 07, 2019 4:41 pm This whole thing smells. You're telling us the transmission blew up at 5,000 miles and the manufacturer won't honor the warranty and now you're going to swallow the loss and continue with the lease? Is there something you're not telling us? Was this car used for drag racing, running off road or something of the sort? I can't believe any manufacturer in the US, Japan, Europe, Korea or elsewhere wouldn't honor its warranty for a legitimate transmission failure. Curious minds suspect we're missing a few relevant facts.
Gill
Yep, the guy seems to be withholding information. The fact that he won't post the make and model is really bizarre.

That's going to narrow him down to, what, one of the hundreds of thousands of people who own the same car?
Topic Author
boglerocks
Posts: 657
Joined: Sun Apr 03, 2011 9:08 pm

Re: Walk away from my auto lease?

Post by boglerocks »

Yes I'm withholding information. My name, address, AGI, and some other stuff too. What seems bizarre to me is the insistence on knowing the make and model of the car I drive.
fyre4ce
Posts: 1262
Joined: Sun Aug 06, 2017 11:29 am

Re: Walk away from my auto lease?

Post by fyre4ce »

Here's another idea - the car (especially because it's new) might have data acquisition capability, and might have recorded data during the events that led up to the transmission failure. Speed, RPM, throttle position, etc. If you were cruising on the highway when it happened then it would definitely support your case. You could ask the dealership for the data. If it goes to court (even small claims) you can subpoena them for it.

Don't be afraid of small claims court. It's very cheap (<$100 filing and process service fees for me) and is designed to deal with issues like this.

But I would not stop paying the lease if I were you.
Yooper16
Posts: 293
Joined: Mon Aug 21, 2017 7:44 am

Re: Walk away from my auto lease?

Post by Yooper16 »

Practical help would be take it to a mechanic for a review.

Go online to an appropriate car/manufacturer forum and look for similar issues. Our Transit Van has one strictly on that type of vehicle.

Otherwise good luck.
User avatar
snackdog
Posts: 978
Joined: Wed Nov 12, 2014 4:57 am

Re: Walk away from my auto lease?

Post by snackdog »

Any towing? Hill climbing? Drag racing?
Broken Man 1999
Posts: 5817
Joined: Wed Apr 08, 2015 11:31 am
Location: West coast of Florida, inland on high ground!

Re: Walk away from my auto lease?

Post by Broken Man 1999 »

A daughter had to get a new transmission for her less than one year old Acura.

But, the replacement was done under warranty, for no cost. She was given a loaner as well, no cost.

Acura MDX, was "surging", the dealership tried software fix first, then immediately went the replacement route. Good on them.

No idea how long-term mechanical dependability will be. Hopefully fine.

OP, was your vehicle an Acura MDX SUV?

Broken Man 1999
“If I cannot drink Bourbon and smoke cigars in Heaven then I shall not go. " -Mark Twain
alex_686
Posts: 7810
Joined: Mon Feb 09, 2015 2:39 pm

Re: Walk away from my auto lease?

Post by alex_686 »

boglerocks wrote: Tue May 07, 2019 4:58 pm Yes I'm withholding information. My name, address, AGI, and some other stuff too. What seems bizarre to me is the insistence on knowing the make and model of the car I drive.
I don't think anybody is looking for your name, address, AGI, etc. I will point out that some cars are known to have transmission efforts, which might inform your problem. I doubt we could figure out who you are with just the the make and model of your car.

And you might want to take it down a notch. You got into a shouting match with a phone rep and you seem twitching on other issues. Calm reason might take you further.
Former brokerage operations & mutual fund accountant. I hate risk, which is why I study and embrace it.
Topic Author
boglerocks
Posts: 657
Joined: Sun Apr 03, 2011 9:08 pm

Re: Walk away from my auto lease?

Post by boglerocks »

OP, was your vehicle an Acura MDX SUV?
It was not but thank you for the data point.
trustquestioner
Posts: 120
Joined: Sun Sep 03, 2017 6:50 pm

Re: Walk away from my auto lease?

Post by trustquestioner »

Story doesn’t pass the smell test.
scottgekko
Posts: 83
Joined: Wed Feb 14, 2018 9:02 am

Re: Walk away from my auto lease?

Post by scottgekko »

There is no way a transmission goes out at 5k miles and doesn't get repaired unless there is an obvious reason for them to not repair it (you're on YouTube at a drag strip and roast the tranny).

The fact that you're not disclosing the make and model (some models are notorious for various defects), the fact that you don't know what they think you did to it, and the fact that you're willing to cough up $5k to repair it when everyone is telling you to take action to the contrary tells me that you're not really disclosing everything on here.

Every dealership has a manufacturer rep that is 'over' that dealership. Try and find out who this person is ; LinkedIn, call the manufacturer USA HQ. etc and discuss this with him. If that doesn't work and you truly didn't do anything to cause this transmission issue, you'd be better off hiring an attorney to send a strongly worded letter to the manufacturer. This may cost you $500 but it'll be worth it.
Locked