Over the term of a Contract Purchase Agreement, the buyer pays monthly installments and leases the vehicle from the owner. At the end of the term, the buyer can return the vehicle or complete the purchase by paying a final lump sum (i.e., a balloon payment).
The leasing company bases the balloon payment amount on the vehicle's:
- Estimated mileage at the end of the contract
- Wear and tear
- Make and model
- Current mileage
Buyer obligations
The buyer has several obligations after signing a Contract Purchase Agreement including:
- Insuring the vehicle and assuming all risks associated with the loss of and damage to the vehicle.
- Paying all fees required for the vehicle’s registration (e.g., licensing, testing, and any government-issued inspections).
- Keeping up to date on payments (e.g., down payments and regular monthly payments).
- Not transferring ownership of the vehicle to another party without the seller’s written consent.
- Not changing the vehicle or adding accessories to it without the seller’s permission.
- Not taking the vehicle out of the country where the contract was signed without the seller’s consent, except for short trips within continental Europe for 60 days or less.
- Following driving licence regulations while operating the vehicle.
- Not using the vehicle for illegal purposes.
Inspecting the vehicle
By signing the Contract Purchase Agreement, the buyer confirms that they have inspected the vehicle and that they accept it to be in good condition. This excludes defects not visible during inspection (i.e., manufacturer defects).
The seller can also check the vehicle at any reasonable time without prior notice to make sure that it is being maintained as per the contract terms.
Event of default
Under LawDepot's Contract Purchase Agreement, the buyer will default on their payments if:
- They fail to make a monthly payment on its due date.
- The buyer claims bankruptcy, receivership, or insolvency, or if any of the previous actions are initiated against the buyer by themselves.
- The buyer fails to pay the guaranteed future value, and they haven’t returned the vehicle at the end of the agreement.
- A bailiff or enforcement agent seizes the vehicle by the decree or order of a county court judgement (CCJ).
- The buyer has provided false personal or financial information.
- The vehicle is stolen or damaged beyond repair.
- The buyer passes away.
If the buyer defaults on the vehicle payments, the seller can cancel the contract and reclaim the vehicle. The seller can also pursue legal action against the buyer, potentially filing a lawsuit.
Excessive wear and tear
The buyer is responsible for ensuring regular maintenance and proper upkeep of the vehicle, and they will be charged for any signs of excessive wear and tear that are not covered by a warranty. Damages of this extent include:
- Missing equipment or accessories that came with the vehicle (e.g., wheel covers, jack, wheel wrench, and regular or spare tyres)
- Damage to the vehicle’s interior (e.g., the dashboard, seats, floor covering, upholstery, truck liner, and centre console)
- Mechanical damages that prevent the vehicle from functioning at the level of safety permitted by UK law (e.g., brakes, steering systems, and lights)
- Dented or damaged body panels, wings, or paint
- Cracked, damaged, or tinted glass
Purchasing the vehicle
The buyer may purchase the vehicle at any time during the contract or when the contract ends. If the buyer wants to purchase the vehicle before the contract ends, they must first pay:
- The monthly payment amount multiplied by the number of months left in the agreement
- The vehicle’s guaranteed future value at the end of the lease term, regardless of depreciation
- Any other fees, taxes, and expenses related to the vehicle
If the buyer wishes to purchase the vehicle after the contract ends, they must be able to pay the full guaranteed future value of the vehicle plus any other fees, taxes, and expenses related to the vehicle’s purchase.
Returning the vehicle
If the buyer has paid more than 50% of the monthly payments, they can return the vehicle whenever they want. They just need to cover repair costs for wear and tear and settle any remaining amounts, excluding monthly payments.
If the buyer hasn't paid at least half of the monthly payments, they can return the vehicle by paying half of the total monthly payments (excluding what they've already paid) and repair costs for wear and tear. This clears any remaining balances, except for monthly payments.
What is equity in a Contract Purchase Agreement?
Equity is the value of an item after liabilities and debts have been paid off. A Contract Purchase Agreement has two types of equity: positive and negative.
- Positive equity is if the car’s value is higher than the final balance of the payments.
- Negative equity is if the car’s value is less than the payments being made.