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Can I break a non-cancellable lease over this?

Detroit, MI |

I entered into an equipment lease for a piece of equipment model 504. The leasing company sent me the next model up 600. I do not want the next model up or at this point anything from them anymore. Is this grounds to cancel the lease (they never sent me what they were supposed to) I already sent the wrong unit Model 600 back to them and told them to cancel my lease, but they still want to be paid in full. (Not sure if this matters but I had paid them 6 months on the lease already before I got around to sending the device back to them and informing them of their error, even though I never used it and it was in the box the entire time (I know, I'm a fool....) Also, the lease is for 4 years)

Attorney Answers 3


  1. You should read the terms of your equipment lease. Usually the lease will allow an upgrade as substitution should the other model not be available. Your lease will answer your question. I wish you luck!

    ***Answering legal questions is a complex matter and cannot be done without further research. My answer here is based solely on the information given in the question and should be taken as informational only. This is not legal advice. My answer here does not indicate that I represent you now, or that I will represent you at a later time. I take clients on a case-by-case basis, and only after initial consultations. ***


  2. In addition to Attorney Houghton's response, which I agree with, your lease will also have all of the terms related to breach of contract, termination of contract, and damage provisions. You may need to have an attorney represent you, if they decide to pursue this.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  3. the problem is that even if the lease did not allow them to upgrade you... if you paid for 6 months you may have waived the defense that you got the wrong machine.. otherwise the other attorneys are correct.. check you lease.

    Please note that I answered this question with general knowlege of the law and with limited disclosure from you, my answer does not create an attorney-client relationship and I cannot be held responsible for how you, the asker, use the information provided. If you want to contact me directly and retain my services you may through my listing on this site or at 248-901-0750 or james@weineresq.com.

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