Section 340. Establishment of realized value at lease termination when purchase option not exercised; notice of intention to sell motor vehicle  


Latest version.
  • 1.  If an agreement is terminated early and there is no option
      to purchase the vehicle or the lessee does not exercise any option he or
      she may have to purchase the vehicle, or if the  lessee's  liability  at
      the scheduled end of the lease term is based upon the estimated residual
      value  of  the vehicle and the lessee does not exercise any option he or
      she may have to  purchase  the  vehicle,  the  holder  shall  act  in  a
      commercially   reasonable  manner  when  disposing  of  the  vehicle  or
      obtaining cash bids for the purpose of establishing the  realized  value
      of  the  vehicle,  which  may  be  its  value in the customary wholesale
      market. A  lessee  whose  agreement  is  terminated  early  without  the
      exercise of a purchase option or whose liability at the scheduled end of
      the lease term is based upon the estimated residual value of the vehicle
      may  obtain,  at  his  or  her  expense,  a professional appraisal by an
      independent third party agreed to by the lessee and the  holder  of  the
      wholesale  value  which could be realized at sale of the leased vehicle.
      If a professional appraisal is obtained by such a lessee, the  appraised
      value  shall  be final and binding upon the parties and shall be used as
      the realized value in determining the liability of the lessee  at  early
      termination or at the scheduled end of the lease term.
        2.  If  an  agreement  is  terminated  early and there is no option to
      purchase the vehicle or the lessee does not exercise any  option  he  or
      she  may  have  to purchase the vehicle, or if the lessee's liability at
      the scheduled end of the lease term is based upon the estimated residual
      value of the vehicle and the lessee does not exercise any option  he  or
      she  may  have to purchase the vehicle, the holder shall give the lessee
      at least ten days written notice of its  intention  to  sell  the  motor
      vehicle.  A notice of intention to sell the vehicle need not be given if
      the holder and lessee have agreed  in  writing  to  the  amount  of  the
      lessee's  liability  under  the  retail lease agreement after the lessee
      returns the vehicle to the holder or the lessee has fully satisfied  his
      or  her  obligations  under the agreement.  A holder gives notice to the
      lessee under this subdivision when he or she delivers the notice to  the
      lessee  or  mails  the  notice  to  him  or her at his or her last known
      address.
        3. The notice of  intention  to  sell  the  vehicle  shall  set  forth
      separately any charges or sums due under the agreement and shall clearly
      and  conspicuously  state  that  the  lessee  will  be  liable  for  the
      difference between the estimated residual value of the vehicle  and  its
      realized  value,  if  such liability exists. The notice also shall state
      that the lessee has the right to submit a cash bid for the  purchase  of
      the vehicle.