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Acquisition
fee
A charge
included in most lease transactions that is either paid up front
or is included in the gross capitalized cost. It may be called
a bank fee or an assignment fee. This fee usually covers a variety
of administrative costs such as the costs of obtaining a credit
report, verifying Insurance coverage, checking the accuracy
and completeness of the lease documentation, and entering the
lease in data processing and accounting systems.
Additional
Insured
A party
who is covered by another party's Insurance policy. The lessor
typically requires you to name the lessor as an additional insured
under your vehicle Insurance policy.
Adjusted
capitalized cost (adjusted cap cost)
The amount
capitalized at the beginning of the lease, equal to the gross
capitalized cost minus the capitalized cost reduction. This
amount is sometimes referred to as the net cap cost.
Ad valorem
tax
See personal
property tax below.
Amortized
amounts
Amounts
such as taxes, fees, charges for service contracts, payments
for Insurance, and any prior credit or lease balance that are
included in the gross capitalized cost and are paid as part
of the base monthly payment.
Amount due
at lease signing or delivery
The total
of any capitalized cost reduction, monthly payments paid at
signing, security deposit, title and registration fees, and
other amounts due before you take delivery of the vehicle.
APR (annual
percentage rate)
The annualized
cost of credit expressed as a percentage in a finance agreement.
In a lease, there is no annual percentage rate or equivalent
rate.
Assignee
A third
party that buys a lease agreement from a lessor. You become
obligated to the assignee, and the assignee generally assumes
the responsibilities of the lessor, although some obligations
may remain with the lessor.
Assignment
The sale
of a lease agreement and transfer of the ownership rights for
the leased vehicle from the lessor to an assignee. Many leases
are assigned at the time the lease is signed.
Assignor
A lessor
that sells the lease agreement and transfers the ownership rights
for the leased vehicle to an assignee.
Base
monthly payment
The portion
of the monthly payment that covers depreciation, any amortized
amounts, and rent charges. It is calculated by adding the amount
of depreciation, any other amortized amounts, and rent charges
and dividing the total by the number of months in the lease.
Monthly sales/use taxes and other monthly fees are added to
this base monthly payment to determine the total monthly payment.
Broker
An entity
that arranges for the sale or lease of vehicles through another
party.
Business
lease
A lease
of personal property to (1) an individual to be used primarily
for business, commercial, or agricultural purposes or (2) an
organization such as a partnership, corporation, or government
agency. The Consumer Leasing Act and Regulation M do not apply
to business leases.
Capitalized
cost
Shortened
term for either gross capitalized cost or adjusted capitalized
cost, both required disclosures under federal law. Some states
require that the term "capitalized cost" be used in state lease
disclosures.
Capitalized
cost reduction (cap cost reduction)
The sum
of any down payment, net trade-in allowance, and rebate used
to reduce the gross capitalized cost. The cap cost reduction
is subtracted from the gross cap cost to get the adjusted cap
cost.
Captive finance
company
A finance
company related to a particular automobile manufacturer or distributor.
Closed-end
lease ("walk-away" lease)
A lease
in which you are not responsible for the difference if the actual
value of the vehicle at the scheduled end of the lease is less
than the residual value, assuming that you have stayed within
the mileage and wear and tear limits stated in your lease agreement.
However, you are responsible for other lease requirements.
Consumer
lease
A lease
of personal property to an individual to be used primarily for
personal, family, or household purposes for a period of more
than four months and with a total contractual obligation of
no more than $25,000. A lease meeting all of these criteria
is covered by the Consumer Leasing Act and Federal Reserve Regulation
M. If any one of these criteria are not met, for example, if
the leased property is used primarily for business purposes
or if the total contractual obligation exceeds $25,000, the
Consumer Leasing Act and Regulation M do not apply. See total
contractual obligation below.
Consumer
Leasing Act
A 1976
amendment to the Truth in Lending Act that requires disclosure
of the cost and terms of consumer leases and also places substantive
restrictions on consumer leases. See consumer
lease above.
Consummation
Generally,
the time at which you and the lessor sign the lease agreement.
Dealer preparation
fee
A fee charged
by some dealers to cover the expenses of preparing a vehicle
for lease. The dealer may be reimbursed by the manufacturer
for this expense.
Default
Your failure
to meet one or more conditions of your lease agreement. Default
may result in early termination of the lease.
Depreciation
and any amortized amounts
Total amount
charged to cover the vehicle's projected decline in value through
normal use during the lease term as well as other items that
are paid for over the lease term. It is calculated as the difference
between the adjusted capitalized cost and the vehicle's residual
value. This amount is a major part of your base monthly payment.
Disclosures
Information
on the financial and other terms and conditions of a lease,
including information required by federal regulation (Regulation
M) and by state laws. Required disclosures must be made in writing
before the lease is consummated. Advertisements that include
key lease terms (the amount of any payment or a statement of
payments due before consummation or delivery) must also include
certain disclosures. Under Regulation M, certain disclosures
must be grouped together and segregated from other information
(See segregated disclosures below). Other
required disclosures appear elsewhere in the lease documents
(See nonsegregated
disclosures below).
Disposition
fee or disposal fee
A fee often
charged by a lessor to defray the cost of preparing and selling
the vehicle at the end of the lease if the vehicle is not purchased
and is returned to the lessor.
Documentation
fee
A fee often
charged by a lessor to cover the cost of preparing lease documents.
Early termination
Ending of
the lease before the scheduled termination date for any reason.
The reason may be voluntary or involuntary (for example, the
vehicle is returned early, stolen, or totalled, or you default
on the lease). In most cases of early termination, you must
pay an early termination charge.
Early termination
charge
The amount
you owe if your lease ends before its scheduled termination
date, calculated as described in your lease agreement. The earlier
your lease is terminated, the greater this charge is likely
to be. The charge is generally the difference between the early
termination payoff and the amount credited to you for the vehicle.
Early
termination payoff
The total
amount you owe if your lease is terminated before the scheduled
end of the term. The payoff is calculated as described in your
lease agreement before subtracting the value credited to you
for the vehicle. The early termination payoff may include the
unpaid lease balance and other charges.
Equal Credit
Opportunity Act
A federal
law that prohibits discrimination in credit transactions on
the basis of race, color, religion, national origin, sex, marital
status, age, source of income, or the exercise of any right
under the Consumer Credit Protection Act.
Excess mileage
charge
A charge
by the lessor for miles driven in excess of the maximum specified
in the lease agreement. The excess mileage charge is usually
between $0.10 and $0.25 per mile. Suppose, for example, that
your lease specifies a maximum of 36,000 miles and a charge
of $0.15 per mile over the maximum. If you drive 37,000 miles,
the excess mileage charge will be $0.15 x 1,000, or $150. Open-end
leases typically do not include an excess mileage charge.
Excessive
wear and use charge (excess wear and tear charge)
Amount charged
by a lessor to cover wear and tear on a leased vehicle beyond
what is considered "normal." The charge may cover both interior
and exterior damage, such as upholstery stains, body dents and
scrapes, and tire wear beyond the limits stated in the lease
agreement. Open-end leases typically do not include an excessive
wear and use charge.
Extended
warranty
A contract
that can be purchased to cover the costs of parts and service
on a vehicle beyond the manufacturer's original warranty period.
Fair market
value
The amount
that a willing buyer would pay to a willing seller to purchase
certain property at a particular point in time.
Fair market
value purchase option
Your right
to purchase the vehicle you have leased according to terms specified
in your lease agreement for a price determined by referring
to a readily available guide to used car values or to other
independent sources.
Federal Reserve
Board
The federal
agency with rule-writing authority for the Truth in Lending
Act, of which the Consumer Leasing Act is part; officially known
as the Board of Governors of the Federal Reserve System. The
Board also performs other functions related to U.S. monetary
policy, financial system stability, bank supervision and regulation,
and the nation's payments system.
Federal Trade
Commission
The federal
agency responsible for enforcing the Truth in Lending Act, of
which the Consumer Leasing Act is part, among leasing companies,
finance companies, and lessors not regulated by other federal
agencies. The Federal Trade Commission also performs other functions
related to its role of ensuring that the nation's markets function
competitively, enforcing other statutes affecting consumer financial
services, and enforcing the Federal Trade Commission Act, which
prohibits unfair or deceptive acts or practices.
Fees and
taxes (or official fees and taxes)
The total
amount you will pay for taxes, licenses, registration, title,
and official (governmental) fees over the term of your lease.
Because fees and taxes may change during the term of your lease,
they may be stated as estimates.
Fixed price
purchase option
Your right
to purchase the vehicle you have leased for a fixed price as
specified in your lease agreement.
Full maintenance
lease
A lease
in which the lessor assumes responsibility for all manufacturer-recommended
maintenance and service on the vehicle. The lease may also cover
additional mechanical repairs and servicing during the term
of the lease. The cost of this service usually is included in
the gross capitalized cost or is added to the base monthly payment.
GAP amount
In the event
a leased vehicle is stolen or totaled, the difference between
the early termination payoff and the amount for which the vehicle
is insured before the Insurance deductible and any other policy
deductions are subtracted. The definition of gap amount may
vary in different states or in different lease agreements.
GAP coverage
(guaranteed auto protection)
A plan that
provides you financial protection in case your leased vehicle
is stolen or totaled in an accident. There are two types of
gap coverage. One is a waiver by the lessor of the gap amount
if the vehicle is stolen or totaled. The other is a contract
by a third party to cover the gap amount. Under either type,
you may remain responsible for the Insurance deductible and
for other amounts deducted from the insured amount of the vehicle
by your Insurance company.
Gross capitalized
cost (gross cap cost)
The agreed-upon
value of the vehicle, which generally may be negotiated, plus
any items you agree to pay for over the lease term (amortized
amounts), such as taxes, fees, service contracts, Insurance,
and any prior credit or lease balance.
Incentives
Amounts
rebated or credited, or special programs offered, to consumers
or lessors to encourage the lease of certain vehicles.
Independent
leasing company
A leasing
company that offers leases directly to consumers and businesses
and is generally not affiliated with a particular automobile
manufacturer.
Insurance
A contract
in which one party agrees to pay for another party's financial
loss resulting from a specified event (for example, collision,
theft, or storm damage). Lease agreements generally require
that you maintain vehicle collision and comprehensive Insurance
as well as liability Insurance for bodily injury and property
damage.
Insurance
verification
The process
of obtaining verbal or written confirmation of required coverage
from your Insurance agent or company.
Late charge
A fee charged
for a past-due payment. This charge is usually either a percentage
of the lease payment or a fixed dollar amount.
Late payment
A payment
received after the specified due date. In most cases, a late
payment triggers a late charge after any grace period.
Lease
A contract
between a lessor and a lessee for the use of a vehicle or other
property, subject to stated terms and limitations, for a specified
period and at a specified payment.
Lease charge
See rent
or rent charge below.
Lease extension
Continuation
of a lease agreement beyond the original term, often one month
at a time. There may be a charge for extending the lease. If
the extension continues beyond six months, new lease disclosures
must be provided.
Lease factor
See money
factor below.
Lease rate
A percentage
used by some lessors to describe the rent charge portion of
your monthly payment. No federal standard exists for calculating
the lease rate. Any rates or factors used in lease calculations
do not have to be disclosed under federal law. If a lease rate
is given as a percentage in an advertisement or on any lease
form, the ad or form must also state, "This percentage may not
measure the overall cost of financing this lease."
Lease term
The period
of time for which a lease agreement is written.
Lemon laws
State laws
that provide remedies to consumers for vehicles that repeatedly
fail to meet certain standards of quality and performance. Lemon
laws vary by state and may not cover leased vehicles.
Lessee
The party
to whom the vehicle is leased. In a consumer lease, the lessee
is you, the consumer. The lessee is required to make payments
and to meet other obligations specified in the lease agreement.
Lessor
The original
owner of the vehicle or property being leased. See assignment
above.
Luxury car
tax
A federal
excise tax assessed on vehicles with a gross vehicle weight
of less than 6,000 pounds and a value exceeding a threshold
amount, which is adjusted periodically for inflation.
Maintenance
Care for
the vehicle required by the lease agreement. Maintenance may
include manufacturer-recommended servicing and any repairs needed
to keep the vehicle in good operating condition.
Maintenance
lease
A lease
agreement in which some or all of the vehicle maintenance and
servicing is the responsibility of the lessor.
Mileage allowance
or mileage limitation
The fixed
mileage limit for the lease term. If you exceed this limit,
you may have to pay an excess mileage charge.
Money
factor
A number,
often given as a decimal, used by some lessors to determine
the rent charge portion of your monthly payment. This number
is not a lease rate and cannot be converted to a lease rate
by moving the decimal point.
Monthly payment
This term
may refer to one of two required federal disclosures. See base
monthly payment above and total monthly payment
below.
Monthly
sales/use tax
The state
and local taxes that you must pay monthly when you lease a vehicle.
These payments, if any, are added to your base monthly payment
and paid as part of your total monthly payment.
MSRP
Manufacturer's
suggested retail price, sometimes called the sticker price.
Non-segregated
disclosures
Disclosures
required by Federal Reserve Regulation M that may be presented
in any order and may appear anywhere in the lease documents
except with the segregated disclosures. Page 2 of the sample
lease form shows these disclosures. See also segregated
disclosures below.
Open-end
lease
A lease
agreement in which the amount you owe at the end of the lease
term is based on the difference between the residual value of
the leased property and its realized value. Your lease agreement
may provide for a refund of any excess if the realized value
is greater than the residual value. In an open-end consumer
lease, assuming you have met the mileage and wear standards,
the residual value is considered unreasonable if it exceeds
the realized value by more than three times the base monthly
payment (sometimes called the "three-payment rule"). If you
believe the amount owed at the end of the lease term is unreasonable
and refuse to pay, the lessor may attempt to prove that the
residual value was reasonable when it was set at the beginning
of the lease. However, if you cannot reach a settlement with
the lessor, you cannot be forced to pay the excess amount unless
the lessor brings a successful court action and pays your reasonable
attorney's fees.
Option to
purchase
See purchase
option below.
Payoff
See early
termination payoff above.
Personal
property tax (or Ad valorem tax)
A tax on
personal property. State laws govern whether personal property
taxes apply to a leased vehicle; your lease agreement governs
whether you or the lessor will pay these taxes.
Prior credit
balance (negative equity or negative trade-in balance)
The portion
of the gross capitalized cost representing the amount due under
a previous credit contract after crediting the value of the
vehicle traded-in on the lease.
Prior lease
balance
The portion
of the gross capitalized cost representing the balance due from
a previous lease agreement after crediting the value of the
previously leased vehicle.
Purchase
option
Your right
to buy the vehicle you have leased, before or at the end of
the lease term, according to terms specified in the lease agreement.
Your lease agreement may or may not include a purchase option.
Purchase
option fee
An amount,
in addition to the purchase price, you may have to pay to exercise
any purchase option in your lease agreement.
Realized
value
(1) The
price received by the lessor for the leased vehicle at disposition,
(2) the highest offer for the leased vehicle at disposition,
or (3) the fair market value of the leased vehicle at termination.
The realized value may be either the wholesale or the retail
value as specified in the lease agreement.
Reasonableness
standard
The requirement
of the Consumer Leasing Act that charges for delinquency, default,
or early termination be reasonable in light of the lessor's
or assignee's (1) anticipated or actual harm caused by such
delinquency, default, or early termination, (2) difficulties
in proving loss, and (3) inconvenience in obtaining a remedy.
Rebate
An amount
offered by some manufacturers, dealers, or lessors that may
be paid to you separately or credited to your lease agreement.
Reconditioning
The process
of preparing a vehicle for resale or re-lease if you return
it.
Reconditioning
reserve
An amount
that you may pay at the beginning of the lease that may be used
by the lessor to offset any amounts you may owe at the end of
the lease term for excessive wear and use and excess mileage.
Any remaining amount may be refunded to you.
Registration
fee
A fee charged
by a state motor vehicle department to register a vehicle and
authorize its use on the public roadways.
Regulation
M
The regulation
issued by the Federal Reserve Board that implements the Consumer
Leasing Act.
Rent
or rent charge
The portion
of your base monthly payment that is not depreciation or any
amortized amounts. This charge is similar to interest on a loan.
Residual
value
The end-of-term
value of the vehicle established at the beginning of the lease
and used in calculating your base monthly payment. The residual
value is deducted from the adjusted capitalized cost to determine
the depreciation and any amortized amounts. It is an estimate
that may be determined in part by using residual value guidebooks.
The residual value may be higher or lower than the realized
value at the scheduled end of the lease.
Residual
value guidebooks
Publications
used in part by some lessors to establish vehicle residual values.
Different guidebooks are more popular in different regions of
the United States and with different lessors.
Sales/use
taxes
Sales/use
taxes, which vary from state to state, are assessed on both
leased and purchased vehicles. There are often differences in
what amounts are taxed and when the taxes are assessed. In a
lease, sales/use taxes may be assessed on (1) the base monthly
payment, (2) any capitalized cost reduction, and (3) in a few
states, the adjusted capitalized cost. In most states, the sales/use
tax on the base monthly payment is paid monthly; in some states,
however, the tax is due at lease inception. Sales/use taxes
on the capitalized cost reduction and the adjusted capitalized
cost are usually due at lease inception. If you exercise any
purchase option, separate taxes may apply.
Security
deposit
An amount
you may be required to pay, usually at the beginning of the
lease, that may be used by the lessor in the event of default
or at the end of the lease to offset any amounts you owe under
the lease agreement. Any remaining amount may be refunded to
you.
Security
interest
If stated
in your lease agreement, a lessor's legal right to your property
(such as stocks or bonds) that secures payment of your obligation
under the lease agreement.
Segregated
disclosures
Disclosures
required by Federal Reserve Regulation M that must be grouped
together and separated from other information in the lease documents.
The first page of the sample lease form shows the disclosures
that must be segregated. See also non-segregated
disclosures above.
Service contract
or mechanical breakdown protection
A contract
that you may purchase to cover such expenses as the repair or
replacement of vehicle components and that may pay for related
services such as towing or replacement rental cars. In most
cases, service contracts do not cover routine maintenance unless
specified in the lease agreement.
Single-payment
lease
A lease
that requires a single payment made in advance rather than periodic
payments made over the term of the lease. This lump-sum payment
may be less than the total amount you would pay were you to
make periodic payments over the term of the lease.
Standards
for wear and use
Statements
in the lease agreement defining what the lessor means by "normal
wear and use" and setting forth the requirements for the vehicle's
condition at the end of the lease. Standards may address such
things as the amount of tread remaining on the tires at the
end of the lease or the type of dents or scratches that are
acceptable. These standards must be reasonable.
Sublease
Oral or
written contractual transfer of your right to use the leased
vehicle to another person. Such a transfer is usually prohibited
without the lessor's approval.
Subvention
A program
or plan in which certain items are subsidized by the manufacturer,
the finance company, or the lessor.
Termination
fee
See disposition
fee or disposal fee
above.
Three-payment
rule
See open-end
lease above.
Title
Legal document
that identifies the owner of the vehicle. The lessor, not you,
holds title to the leased vehicle.
Total
contractual obligation
The sum
of the capitalized cost reduction, the total of base monthly
payments, and other charges due under the lease agreement. The
total contractual obligation excludes any security deposit as
well as sales taxes and any other fees and taxes paid to a third
party. If the total contractual obligation exceeds $25,000,
the Consumer Leasing Act does not apply.
Total
monthly payment
The base
monthly payment plus monthly sales or use taxes and any other
monthly charges.
Total of
payments
The sum
of the periodic payments, the end-of-term disposition fee, any
"other charges," and all "amounts due at lease signing or delivery,"
minus refundable amounts such as a security deposit and any
monthly payments included in the "amount due at lease signing
or delivery."
Trade-in
The net
value of your vehicle credited toward the purchase or lease
of another vehicle. If you own the vehicle being traded-in,
you sell it to the dealer or lessor. If you are leasing the
vehicle being traded-in, you are turning in the vehicle (either
at the scheduled end of the lease or upon early termination)
to the dealer or lessor. The amount credited may be positive
or negative depending on the value of the vehicle and any remaining
balance on your credit, loan, or lease agreement.
Use tax
See monthly
sales/use tax above.
Used-vehicle
leasing
Leasing
of previously owned or driven vehicles.
Walk-away
lease
See closed-end
lease above.
Warranty
A guarantee
that the vehicle will function and perform as specified. A warranty
usually covers specified mechanical problems during a specified
period of time or number of miles.
  
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