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Charging Fees to Lessees Who Exercise Purchase Option

Friday, October 14, 2022 9:00 AM | Anonymous member (Administrator)

[from NADA] NADA recently reminded members about potential legal issues that arise when dealers charge documentary or other fees to consumers who exercise an option to purchase at the end of their lease agreement when those fees are not provided for in the lease agreement. This issue continues to draw scrutiny, and NADA would like to remind dealers about the importance of consulting with their legal counsel about any contractual and regulatory obligations that could arise in connection with consumer fees charged with lease-end vehicle purchases.

In order to more fully explain the requirements and limitations that apply to fees that a dealer may charge a lessee who exercises an option to purchase, we have set forth below the relevant excerpt from NADA’s A Dealer Guide to Federal Consumer Leasing Act Requirements. As the excerpt generally explains –

  • the lessee has a contractual right to purchase the vehicle from the holder of the lease for the purchase option price and any purchase option fee that are disclosed in the lease agreement; and
  • except for official fees, charging additional amounts to the lessee for exercising the purchase option exposes the dealer to potential claims for breaching the lease agreement and for violating the disclosure requirements set forth in Regulation M.

The excerpt provides important details regarding these limitations. Dealers are encouraged to review with legal counsel their current procedures for handling options to purchase leased vehicles.

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