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Lease contract
Discussion in 'Lease Purchase Trucking Forum' started by Melissachree, Feb 6, 2017.
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Get legal help ASAP look up the old case and seek legal helpNo names left Thanks this.
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You have a signed contract that covers X term. They are now trying to get you to sign a different one BECAUSE they discovered a mistake in yours somewhere.
Obviously consult a lawyer BUT I was faced with the same challenge on a LP deal once. I said 4Q buddy, my contract is valid to term. They said fine and walked away....for the moment.
They then began to starve me out ....and won. I released truck back to them with documented notice so....basically, I quit.. Had no choice as they had all the cards.Melissachree and No names left Thank this. -
And that is what happens.
If all they do is change the name you are referred to/as then they will most likely have a case. Just ask for a copy of the new lease for review. They probably won't give you one though. When you go in to sign or not sign the new lease take a copy of your current lease and go over both word for word. First you will probably find that the old lease has verbiage saying that SWIFT can make changes as they see fit. But if they introduce monetary changes or penilties you might have a leg to stand on. -
You are getting the two agreements you have with swift confused. You have a lease agreement for the truck and that's what had 9 months left on it. Then you have an operating agreement between you and swift that outline how and when you get paid, the freight you can haul, deductions from your settlement each week, escrow accounts, and the such. That's the agreement they are changing and without seeing it I could almost 100% garuantee there isn't a time frame listed other than saying it automatically renews each year unless notice of x number of days is given by either party to cancel or change.
Your lease agreement for your truck will still be good, but you'll need to find a way to make the payments to keep and hopefully it'll let you take the truck to another carrier.
Good luck! -
Get a lawyer.
Seem like their trying to cover their ### for some reason.Melissachree Thanks this. -
Lease contracts are open ended contracts as far as the contracts to lease a truck on to a company and yes either party can end the contract at anytime for any or no reason.Now if your in a l/p you probably have a different contract for the truck leaseing part that contract will probably also be voided if your lease is canceled.
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Talk to a lawyer. I bet there's more to this. This contract is standing and I'll speculate the wording is giving you more rights than they feel comfortable with. DON'T SIGN JACK without a lawyer.
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Exact same advise my lawyer gave me. Thanks!Cat sdp Thanks this.
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