Consumer complaint received 2025-12-11 00:00:00
Product: Vehicle loan or lease — Lease
Issue: Getting a loan or lease — Loan opened without my consent or knowledge
Company: BMW Financial Services NA, LLC
State: CA

Complaint narrative:
I am requesting assistance from the Consumer Financial Protection Bureau regarding serious misconduct by BMW of XXXX in connection with a motor vehicle lease agreement I signed on XX/XX/year>. The contract includes a clear financing contingency stating that the lease is subject to assignee approval within ten days of execution, and that if approval is not obtained within that period, the lease is void and the vehicle must be returned on demand. This ten-day requirement is a mandatory condition precedent, meaning no contract can form unless approval is obtained by XX/XX/year>. 

On XX/XX/XXXX, sales manager XXXX contacted me and stated that financing was still being worked on, and he requested an additional {$3000.00} down payment to assure approval. At no point did he or anyone at the dealership disclose that I had already been denied financing by the bank. I later received the official denial letter, which is dated XXXX XXXX exact same day the dealership called asking for more money. Rather than informing me of the denial, they falsely represented the deal as still pending. After receiving the call, I sent a text message to the dealership stating that I no longer wished to proceed, that I would return the vehicle the next morning, and specifically instructing them : Do not push for approval. 

When I arrived on XX/XX/XXXX to return the vehicle, another sales manager, XXXX, attempted to persuade me to wait another day. I reiterated that I simply wanted to return the car. Later, XXXX returned claiming the deal had been approved this morning, and stated that there was nothing he could do to stop the processeven though I had already withdrawn consent and the contractual deadline for approval had passed days earlier. Because this did not make sense, I contacted BMW Financial Services while standing in the dealership. The BMW representative confirmed that there was no record of any account or deal submitted in my name, and that the dealership could still cancel it. The representative spoke directly in front of XXXX on speakerphone, yet XXXX refused to acknowledge or cooperate. It appears the dealership attempted to push the deal through only after the deadline had passed, after financing was already denied, and after I had explicitly instructed them not to proceed. 

Under California Civil Code 1434, 1436, and 1439, the assignee-approval requirement is a condition precedent. California Supreme Court precedent ( Platt Pacific , Inc. v. Andelson, 6 Cal.4th 307 ) makes clear that if a condition precedent fails, the contract is void as a matter of law and can not be enforced by either party. The dealership failed to obtain timely financing approval, withheld the banks denial, misrepresented the status of the application, solicited additional money after knowing I was denied, and submitted or pushed the application after my written instruction not to continue. These actions appear deceptive, predatory, and inconsistent with basic consumer-protection standards.

As a result, I am facing the attempted enforcement of a void contract, misleading representations regarding financing approval, potential loss of my down payment, and unnecessary stress and financial uncertainty. I am requesting the CFPBs assistance in obtaining confirmation that the contract is void under the financing contingency, a formal cancellation of the agreement, coordination for the return of the vehicle, a full refund of my down payment, and verification that no adverse credit reporting will occur. I can provide all supporting documentation, including the banks denial letter dated XX/XX/XXXX, my written communication instructing the dealership to stop seeking approval, my timeline of events, and the confirmation from BMW Financial Services that the deal had not been submitted. Thank you for your attention to this matter.

Company response to consumer: Closed with explanation