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Hyundai early lease termination due to death

NeedhelppleaseNeedhelpplease FLPosts: 2
edited October 2018 in General
Hello - hoping someone has some info to help on this: my dad leased a Hyundai Genesis in June 2017; he died in November 2017. We returned the car to the dealership December 2017. The car had 3,000 miles on it - perfect condition. When the car was leased, dad specifically asked what happens if the lessee dies (he was in his 80s) and we were told "don't worry, we work with you." Based on paperwork we received from a collection agency, the car was sold at a profit. We are getting billing for three months anyway .... the contract does not say anything about three months being due if early termination (especially due to a death!) but not being hounded by a collection agency. It is impossible to get anyone to talk to you from Hyundai even though I have documentation of the many calls I made in this regard. No one will discuss - they just send you to the collection agency. Does anyone have any input to help in this situation. Would greatly appreciate any advice. Thank you.

Comments

  • kyfdxkyfdx Posts: 153,479
    I would look at the lease contract. What the dealer might have said is irrelevant, I think. I don't think the lessee's death is a qualifying event to break a lease contract (not a lawyer). That obligation is assumed by his estate.

    Returning the car to the dealer without contacting the leasing bank (if that's what happened) was a mistake. I assume this, because it's now with a collection agency

    If you get out of a lease only owing three payments? Consider yourself lucky. Especially, now that the account is in collection. If the account has been sent to collection (or, more likely, sold), then it isn't surprising that the bank will not discuss it with you.

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    Edmunds Moderator

  • Thank you. We called the leasing company within a few days of dad's death, asked them what to do, etc. We made so many phone calls --- were told "don't worry about it - just drop off the car" which seemed a little too relaxed for the situation and monies involved. We were also told on follow up calls that the account was closed, etc. We returned the car and got a receipt that it was handed back to the dealer (Make sure you get that receipt!!!) and thought all good. The car was sold at a profit so we did not get stuck for any difference in the residual versus auction price (FYI - they can stick you with this differential and you have no way of knowing if they tried to get the best price .... especially if you tell them that there is an estate. If there is no estate, the car company eats the loss .... if there's an estate, they will bill you for the difference. The only incentive they have to sell for highest cost is if they DON"T KNOW if there's an estate; again, if they know there's an estate, they may just take whatever they can get and will bill you for the difference). There is nothing in the contract and termination figure but after having submitted the death certificate more than five times (by email, by fax and by snail mail), we just don't want to relive this anymore. Just going to pay the $1300 and move on. But advice to all .... please ask what happens to the lease in the case of death of lessee. There are one or two companies that will simply take the car back but Hyundai is not one of them). But please do your homework. We didn't and have spent 8 months trying to reconcile. Hope this helps someone else avoid the situation.
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