Yonkers, NY asked in Consumer Law and Contracts for New York

Q: I leased a BMW SUV in NY, but the SUV was totaled, and the BMW FS ( NJ) refused to return my prepaid. Where can I sue?

I leased a BMW SUV in NY for 36 months with a huge cash down payment for less monthly payment, but the SUV was totaled in the 13th month, and the BMW FS ( NJ) refused to return my prepaid. They said the down payment is for less monthly payment, it's not prepaid for the lease fee. I'm confused, I should pay the monthly $ 1180 without the cash down payment. I paid $400 every month because I paid a huge cash down payment. Isn't the cash down payment prepaid? Is it for the ownership right of the SUV? For what is the cash down payment? buying or leasing? Which court I can sue BMW FS? In NY or NJ? Thanks

Related Topics:
1 Lawyer Answer
Carl Nelson
Carl Nelson

A: The cost of a lease is comprised of the vehicle’s depreciation during the term plus a money factor, which is essentially interest (not to mention other fees and taxes). Generally you would be responsible for the term of the lease over the term, but could also be responsible for damage more than wear and tear (such as what you had). You should be able to look to your insurance carrier for whatever covered losses you sustained as a result of the damage to the vehicle. Whether you have a claim against the car company would be determined by whatever wrong you believe they committed and/or whether they breached the least agreement. New York would appear to be the proper venue, however the lease may have a forum selection clause specifying otherwise.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.