Is it legal to sub lease a car?

Asked over 4 years ago - Monroe, GA

An associate of mine was leasing a car. He could no longer afford the car. He asked me if I would take over his lease and I did. paid him 1500 and I typed up an agreement that I would pay the note for the next four years and at the end of the year I could have the option to purchase the car if I decided to do so. The lease on the car has ended and now he claims that I owe him for the overage in miles. I have never seen any paper work on the car. I took his word that the note was 615. I never signed anything about the miles. Am I liable for paying for the overage miles?

Attorney answers (3)

  1. Ronald Lee Burdge

    Contributor Level 20

    Answered . When you sublease a vehicle you need to keep in mind that, generally, any rights you get are coming from the person who is subleasing it to you. You can only get what they have, which means their legal right to sublease the vehicle depends on the terms of their lease with someone else. That may be important because if their lease says they can not sublease it to anyone, then your sublease with them may not be recognized by their leasing company at all. After that, the terms of your sublease should all be written into your sublease. So, if there is a mileage limit or penalty in your sublease, it has nothing to do with their lease with the leasing company. Likewise, although their leasing company lease may have a mileage limit or penalty, if it is not contained in your sublease too, then it may not apply to you at all. On the other hand, may subleases that are written up formally basically are just an assignment of the lease over to you, the sublessee. In that case, the leasing company lease essentially becomes your lease. But if you never sign on to it with the leasing company itself, then generally you would not owe the leasing company anything - you just owe the payments to the guy/gal that is subleasing it to you (unless your sublease says you will pay the leasing company payments direct to them). If this all sounds confusing, that’s because so many of your legal rights in a sublease depend on all the paperwork involved. You really need to talk to a local Consumer Law attorney who deals with leases and subleasing. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-loca...) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give me a “thumbs up” below.
    Ron Burdge
    www.BurdgeLaw.com

  2. Glenn M. Lyon

    Contributor Level 15

    Answered . It depends on the terms of the lease your associate executed. It may not be illegal as in criminal, but it will affect the civil liability.

    If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

    The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . The fact that you have never seen any paperwork on the car and that you typed up an agreement do not make sense. The beginning of any sub lease is an evaluation of the terms of the underlying lease and then drafting the new document in accordance with and pursuant to the terms of the lease. Also, without seeing either document, no attorney can give you an informed determination as to the rights and obligations of the parties.

    I want to help but you'll need to get the documents and take them to an attorney for a review.

    I wish you the best.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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