Can I cancel my lease contract if they keep postponing the delivery time?


Questioner

Early this year (February) I signed a lease contract with a leasing company. After a 14-day reflection period, the car was ordered for me with the expected delivery time in July 2021. A week before delivery, I was told that this would not be met and that the delivery time would be postponed until the end of September. A few weeks later I received another email saying that September would not be met either, but that it would be mid-November. At the end of October I asked again whether they would meet the delivery time, and was told at the time that it would unfortunately be delayed until the end of November. Now it is the end of November and I should receive my car next week. Today (8 days before delivery!) I received a call saying that it has been postponed again, but now until probably the end of March/April 2022. With no guarantee that it can be delivered around that time. I am now a bit fed up with it and would rather switch to a second-hand car instead of a private lease. Is it still possible to terminate this contract? The leasing company itself indicates that this is not possible, but I cannot imagine that they can let this drag on like this. I would like to hear from you if there are any possibilities in this regard.

Lawyer

You have entered into an agreement that the leasing company is not adhering to. The company is therefore in default. The agreement is not executed. It is always important to read your agreement carefully to see if any agreements have been made about such a situation. An agreement can be dissolved if the party is in default. To do this, you must first give the company notice of default. You can do this in writing. It is important that you indicate that you believe the company is in default and give them a reasonable period to comply with the agreement (for example, two weeks). If the company still does not implement the agreement, you can dissolve it. You can also do this in writing in a letter in which you indicate that the agreement is being terminated. Please feel free to contact me if you have any questions or would like to discuss the situation further.

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