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==What is a lease?== | ==What is a lease?== | ||
A lease is an agreement to rent | A lease is an agreement to rent and use someone else’s property, in this case, a car. A lease is usually long term. It can last from several months to several years. At the start of a lease, you make a first, or initial, payment. You may also have to pay a security deposit. After that, you make monthly payments. | ||
Leasing is an alternative to buying—both have advantages and disadvantages. If you lease, you don’t own the car. And you have different rights and responsibilities than if you buy. | Leasing is an alternative to buying—both have advantages and disadvantages. If you lease, you don’t own the car. And you have different rights and responsibilities than if you buy. | ||
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==What types of car leases are there?== | ==What types of car leases are there?== | ||
*a '''straight lease'''—with this, you return the car when the lease ends and owe nothing more. This is | *a '''straight lease'''—with this, you return the car when the lease ends and owe nothing more. This is rarely used now. | ||
*a '''lease with an option to purchase'''—this comes in two forms: open and closed | *a '''lease with an option to purchase'''—this comes in two forms: open and closed | ||
**'''closed'''—you pay the agreed-on amount if you decide to buy the car at the end of the lease. | **'''closed'''—you pay the agreed-on amount if you decide to buy the car at the end of the lease. | ||
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==What must a lease agreement tell you?== | ==What must a lease agreement tell you?== | ||
A lease agreement is a legally binding contract, so make sure you understand it before you sign it. Section 30 of the BC '' | A lease agreement is a legally binding contract, so make sure you understand it before you sign it. [http://www.bclaws.ca/civix/document/id/complete/statreg/447_78#section30 Section 30] of the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/447_78 Motor Dealer Act Regulation]'' requires a lease agreement to have the following information: | ||
*a summary of costs and credits for any extended warranty due when you sign the lease. | *a summary of costs and credits for any extended warranty due when you sign the lease. | ||
*all express warranties and guarantees for the vehicle made by the manufacturer or motor dealer. | *all express warranties and guarantees for the vehicle made by the manufacturer or motor dealer. | ||
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*the cooling-off period (described in the next section). | *the cooling-off period (described in the next section). | ||
Section | [http://www.bclaws.ca/civix/document/id/complete/statreg/96410_01#section16 Section 16(c)] of the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96410_01 Sale of Goods Act]'' requires a person selling or leasing goods to ensure the goods have no lien or charge on them, or to tell the person leasing the goods about the lien and have them agree to the lease knowing about the lien. | ||
[http://www.bclaws.ca/civix/document/LOC/complete/statreg/--%20B%20--/Business%20Practices%20and%20Consumer%20Protection%20Act%20[SBC%202004]%20c.%202/00_Act/04002_06.xml#section101 Section 101] of the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/04002_00 Business Practices and Consumer Protection Act]'' requires the dealer to give you a Lease Disclosure Statement before you sign the lease. Read it carefully. It has all the key terms and details of the lease. | |||
==What is a cooling-off period?== | ==What is a cooling-off period?== | ||
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==What are the differences between consumer and business leases?== | ==What are the differences between consumer and business leases?== | ||
You don't normally get a tax deduction for a consumer lease, only for a business lease. Check with | You don't normally get a tax deduction for a consumer lease, only for a business lease. Check with [http://www.cra-arc.gc.ca/ Canada Revenue Agency] for details. | ||
For a business lease, you don't get the protection of 3 laws: the ''Business Practices and Consumer Protection Act'', the ''Personal Property Security Act'' or the ''Motor Dealer Act''. So if there's a mechanical problem with the car, you still have to continue paying the lease. The Sale of Goods Act still give you some protection that the car is suitable for its purpose—but only if you lease the car mainly for personal, family, or household purposes. If you want to lease for business purposes, you should first get legal and accounting advice—before you lease | For a business lease, you don't get the protection of 3 laws: the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/04002_00 Business Practices and Consumer Protection Act]'', the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96359_01 Personal Property Security Act]'' or the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96316_01 Motor Dealer Act]''. So if there's a mechanical problem with the car, you still have to continue paying the lease. The Sale of Goods Act still give you some protection that the car is suitable for its purpose—but only if you lease the car mainly for personal, family, or household purposes. If you want to lease for business purposes, you should first get legal and accounting advice—before you lease. | ||
==What happens when a lease ends?== | ==What happens when a lease ends?== | ||
You may still owe money when the lease ends. The car goes back to the dealer, or you may have an option to buy it for a certain price. Whether you owe money depends on the type of lease you signed (types of leases are explained earlier in this script). | There are several possible outcomes when a lease ends. You should discuss them before you sign the lease. You may still owe money when the lease ends. The car goes back to the dealer, or you may have an option to buy it for a certain price. Whether you owe money depends on the type of lease you signed (types of leases are explained earlier in this script). | ||
With a straight lease, you return the car and owe nothing more. With a closed lease with an option to purchase, you pay just the agreed-on amount if you decide to buy the car. But with an open lease with an option to purchase, you may have to pay an extra amount. You may also have to pay extra if you drove more than the lease allowed or if the car has more than normal wear. Some dealers may also want to charge other fees at the buy-out time. So before you sign a lease, ask about any fees that the dealer will charge at the time of buy-out. Discuss them with the dealer and get them in writing—before you sign the lease agreement. | |||
The dealer may use your security deposit to kilometer overages or damage to the vehicle that must be repaired. The lease agreement should say when you get your security deposit back and when the dealer can keep it. | |||
If you buy a vehicle at the end of the lease, it’s a new transaction. So motor dealers and salespeople must make all their required declarations, especially the declaration that the vehicle meets the safety requirements of the ''Motor Vehicle Act'' when they sell it. The declarations are listed in the Vehicle Sales Authority of BC | If you buy a vehicle at the end of the lease, it’s a new transaction. So motor dealers and salespeople must make all their required declarations, especially the declaration that the vehicle meets the safety requirements of the ''Motor Vehicle Act'' when they sell it. The declarations are listed in the Vehicle Sales Authority of BC [http://mvsabc.com/glossary/ glossary of buying terms]. | ||
How a dealer ensures that a vehicle meets the ''Motor Vehicle Act'' is a business decision—the Act does not say how. Generally, a dealer will do an inspection to ensure the vehicle meets the Act’s requirements. Depending on the original lease, the dealer may charge you for the inspection. Discuss it with the dealer before you agree to lease a vehicle. | How a dealer ensures that a vehicle meets the ''Motor Vehicle Act'' is a business decision—the Act does not say how. Generally, a dealer will do an inspection to ensure the vehicle meets the Act’s requirements. Depending on the original lease, the dealer may charge you for the inspection. Discuss it with the dealer before you agree to lease a vehicle. | ||
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Leasing a car is quite different from buying one. If you decide to lease, you have less protection than if you buy. Leases are usually long term and normally help the dealer more than you, the consumer. Read the lease agreement carefully and consider taking it to a lawyer before you sign. | Leasing a car is quite different from buying one. If you decide to lease, you have less protection than if you buy. Leases are usually long term and normally help the dealer more than you, the consumer. Read the lease agreement carefully and consider taking it to a lawyer before you sign. | ||
For more information on leasing a car, check the | For more information on leasing a car, check the [http://mvsabc.com/consumers/resources/vehicle-buying-guide/ buying guide] on the website of the Vehicle Sales Authority of BC. It has information on consumer help and complaints. This website also describes the [http://www.mvsabc.com/consumers/compensation-fund Motor Dealer Customer Compensation Fund] (which may cover financial losses from leasing a vehicle if the dealer is no longer in business). | ||
[updated | [updated May 2016] | ||
'''The above was last reviewed for accuracy by Mira Galperin and Ian Christman, and edited by John Blois.''' | |||
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