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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)

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Attorney answers 3


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!

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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

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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.

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