Quote:
Originally Posted by MalibuBimmer
I am a lawyer. One of the things 44 years of practicing law has taught me is not to listen to lay people's legal advice.
In this case it seems that there is arguably a verbal contact, reliance on representations and a change of position. (This is called "detrimental reliance" and leads to "promissory estoppel" A lawyer may help but before then reminding BMWFS of the representation of its agent on which you reasonably relied and took action might be helpful.
Good luck.
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Malibu is, in my opinion, spot on when it comes to the "detrimental reliance" issue. I once purchased a new home, sold my other one and only then learned the property lines showing on their documents were WRONG and the lot was actually a bit smaller. I contacted the developer, and without benefit of counsel, used the term "detrimental reliance." Within two days they fell all over themselves to come up with a favorable decision I could live with. (as in several $$$$$ and a significant number of upgrades).
As far as the jerks at BMWFS goes, I would keep pushing them HARD - ask them if they have anyone working there with decision making authority that HASN'T had their heart removed.
Absent resolution in your favor, I suppose you could tell them you will assume the lease and let the damn thing sit unused for the next year - if doing so results in some sort of mechanical issues, so freaking what? I'm sure there's nothing in the lease agreement REQUIRING you to drive X miles per year but they would probably try to say you didn't maintain it properly - just get around that by taking it in for any "time" sensitive maintenance.
Now with all that ranting over, get back to the dealer. I'm sure they would like to keep you as a future customer and will bend over backwards.
Sorry for your loss - take care of your Mom and yourself - that's the most important thing right now.