Glossary Of Auto Lease Terms
The definitions in this glossary are meant to give you, the consumer, a general
understanding of terms used in vehicle leasing. They are not legal definitions,
but they generally assume compliance with applicable legal requirements. The
terms may be used differently in different situations, and their exact
definition under federal law may differ from that under state law Some of
the definitions refer to monthly payments. If your lease has a different payment
period (for example, biweekly or yearly), you may substitute that period in the
definitions. Also, the definitions generally are applicable to both
single-payment and multiple-payment leases.
Acquisition fee
A charge included in most lease transactions that either is paid up front or
is included in the gross capitalized cost; may be called a bank fee, an
administrative fee, or an assignment fee. This fee usually covers a variety of
administrative or insurance costs. These may include the costs of obtaining a
credit report, verifying insurance coverage, checking the accuracy and
completeness of the lease documentation, entering the lease in data processing
and accounting systems, and purchasing insurance for or reserving funds for
residual-value losses, gap-coverage losses, and other lease losses. Without an
acquisition fee, lessors have to charge higher rental charges.
Actuarial method
See Constant Yield method.
Additional insured
A party that is covered by another party's insurance policy. The lessor
typically requires you to name the lessor or assignee 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.
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; used in finance
agreements. An annual percentage rate, or an equivalent rate, is not used in
leasing agreements.
Arranger
See Broker.
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. For purposes of
Regulation M, an assignee may be a lessor when the assignee has substantial
involvement in the lease.
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; 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 (or Arranger)
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.
Disclosure of both types of costs is required under federal law. Some states
require that the term "capitalized cost" be used in state lease disclosures. See
Gross capitalized cost and Adjusted capitalized cost.
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 (or 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
(though you may be responsible for excessive wear and excess mileage charges and
for other lease requirements). Distinguish from Open-end lease.
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 4 months and with a
total contractual obligation of no more than $25,000. A lease meeting all these
criteria is covered by the Consumer Leasing Act and Federal Reserve Board
Regulation M. If any one of these criteria is 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.
Consumer Leasing Act
A 1976 amendment to the federal 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.
Constant Yield method (or Actuarial method)
The method of earning rent charges whereby the rent charge each month is
proportional to the remaining lease balance. Under this method, the lessor or
assignee earns rent charges at an equal rate over the lease term (this method is
the way the lender earns interest in most first mortgages).
Consummation
Generally, the time at which you and the lessor sign the lease agreement.
Dealer documentation fee
See Documentation fee.
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 of (1) amount charged to cover the vehicle's projected decline in value
through normal use during the lease term and (2) other items that are paid for
over the lease term; 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 terms 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). Other required disclosures must appear elsewhere in the lease
documents (see Nonsegregated disclosures).
Disposition fee (disposal fee)
A fee often charged by a lessor or assignee to defray the cost of preparing and
selling the vehicle at the end of the lease if you do not purchase the vehicle
but instead return it to the lessor or assignee.
Documentation fee
A fee charged by some dealerships (who may call it a dealer documentation fee)
or other lessors to cover the cost of preparing lease documents.
Down payment
An initial cash payment in a lease that reduces the capitalized cost or is
applied to other amounts due at lease signing. See Capitalized cost reduction.
Early termination
Ending of the lease before the scheduled termination date for any reason,
voluntary or involuntary (for example, you return the vehicle early or default
on the lease, or the vehicle is stolen or totaled). 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. Suppose, for example, that your early termination payoff amount
is $16,000 and the amount credited for the vehicle is $14,000. The early
termination charge would be $16,000 minus $14,000, or $2,000.
Early termination payoff (early termination balance or gross payoff)
The total amount you owe if your lease is terminated before the scheduled end of
the term, before the value credited to you for the vehicle is subtracted. The
early termination payoff is calculated as described in your lease agreement. It
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.
Equity
In an installment sale or loan, the positive difference between the trade-in or
market value of your vehicle and the loan payoff amount. When the loan is paid
off, the equity is the market value of the vehicle.
Excess mileage charge
A charge by the lessor or assignee for miles driven in excess of the maximum
specified in the lease agreement. The excess mileage charge 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-tear charge
Amount charged by a lessor or assignee 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.
Excessive wear-and-tear coverage
A plan you may purchase that covers some or all of the charges for excessive
wear and tear defined in the lease agreement. The coverage of these plans varies
in the amounts and types of charges covered. Most plans deny coverage if the
lease is terminated early or if you are in default. Generally, these plans do
not cover excess mileage.
Excessive wear-and-use charge
Sum of the excess mileage charge and the excessive wear-and-tear charge.
Extended warranty
See Service contract.
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 a leased vehicle at scheduled termination in accordance
with the terms specified in your lease agreement for a price determined by
referring to a readily available guide to used-car values or another independent
source.
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,
lessors, and assignees 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 fees, title
fees, 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 a leased vehicle at scheduled termination for a fixed
price specified in your lease agreement.
Full-maintenance lease
A lease in which the lessor or assignee 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 amount, not including any past-due amounts, 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, or GAP)
A plan that provides you financial protection in case your leased vehicle is
stolen or totaled in an accident. Some plans deny gap coverage if you are in
default at the time of the loss. There are two types of gap coverage. One is a
waiver by the lessor or assignee 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, for other
amounts deducted from the insured amount of the vehicle by your insurance
company, and for any past-due or other amounts you owe under the lease. You may
also be responsible for the monthly payments until the lessor receives the
insurance proceeds.
Gross capitalized cost (gross cap cost)
The agreed-upon value of the vehicle at the time you lease it, 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 encourage the
leasing 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, a 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 payment made
after any grace period triggers a late charge.
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 balance (adjusted lease balance)
The unpaid portion of the adjusted capitalized cost of the lease. The lease
balance is reduced as you make your monthly payments, usually calculated
according to a standard method such as the Constant Yield (Actuarial) method.
The lease balance is often a primary component of the early termination payoff
amount.
Lease charge
See Rent or rent charge.
Lease extension
Continuation of a lease agreement beyond the original term, often 1 month at a
time. There may be a charge for extending the lease. If the extension continues
beyond 6 months, new lease disclosures must be provided.
Lease factor
See Money factor.
Lease payments
The number of payments in the lease agreement. Generally, the number of payments
and the number of months in the lease term are the same. However, there are some
leases in which the numbers may be different, such as a single-payment lease,
which would disclose "1" as the number of payments and may disclose "24 months"
as the lease term.
Lease rate
A percentage used by some lessors or assignees to describe the rent charge
portion of your monthly payment. However, 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." Some states may require disclosure of the lease rate calculated
according to the state's definition of the lease rate.
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
A person or organization that regularly leases, offers to lease, or arranges for
the lease of a vehicle. See Assignee and Broker.
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 contract
A contract that you may purchase to cover some or all of the vehicle maintenance
and servicing. Distinguish from Service contract.
Maintenance lease
A lease agreement in which some or all of the vehicle maintenance and servicing
is the responsibility of the lessor or assignee.
Mechanical breakdown coverage
See Service contract.
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.
Model lease forms
Sample disclosure forms developed by the Federal Reserve Board. You should
receive a similar form before becoming obligated on the lease. View the sample
leasing forms with explanations of the disclosures.
Money factor (or Lease factor)
A number, often given as a decimal, used by some lessors or assignees 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 and Total monthly payment.
Monthly sales/use taxes
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.
Net capitalized cost
See Adjusted capitalized cost.
Nonsegregated disclosures
Disclosures required by Federal Reserve Board 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 leasing form shows these
disclosures. See also Segregated disclosures.
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 that you have met the mileage and wear standards, the
residual value is considered unreasonable if it exceeds the realized value by
more than 3 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 or assignee 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 or assignee, you
cannot be forced to pay the excess amount unless the lessor or assignee brings a
successful court action and pays your reasonable attorney's fees. Distinguish
from Closed-end lease.
Option to purchase
See Purchase option.
Payoff
See Early termination payoff.
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 or assignee 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 the value of the vehicle traded in on the lease
has been credited.
Prior lease balance
The portion of the gross capitalized cost representing the balance due under a
previous lease agreement after the value of the previously leased vehicle has
been credited.
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 amount received by the lessor or assignee 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 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 that may be offered by a manufacturer, dealer, lessor, or assignee
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 you may pay at the beginning of the lease that may be used by the
lessor or assignee 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 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 and assignees to establish vehicle
residual values. Different guidebooks are more popular in different regions of
the United States and with different lessors and assignees.
Sales/use taxes
Taxes assessed on leased and purchased vehicles. States differ in which 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 or assignee 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 or assignee'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 Board Regulation M that must be grouped
together and separated from other information in the lease documents. The first
page of the sample leasing form shows the disclosures that must be segregated.
See also Nonsegregated disclosures.
Service contract (or Mechanical breakdown coverage or Extended warranty)
A contract you may purchase to cover such expenses as the repair or replacement
of vehicle components and, in some cases, related services such as towing or
replacement rental cars. In most cases, service contracts do not cover routine
maintenance. Distinguish from Maintenance contract.
Single-payment lease
A lease that requires a single payment made in advance rather than periodic
payments made over the term of the lease. The single, lump-sum payment should 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 or assignee means by
normal wear and use and setting the requirements for the vehicle's condition at
the end of the lease. Standards may address such items as the minimum amount of
tread 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 leased vehicle to another person.
Such a transfer is usually prohibited without the lessor's or assignee's
approval.
Subvention
A program or plan in which certain items are subsidized by the manufacturer, the
finance company, the lessor, or the assignee.
Termination fee
See Disposition fee (disposal fee).
Three-payment rule
See Open-end lease.
Time value of money
The value derived from the use of money over time as a result of investment and
reinvestment. This term may refer to either present-value or future-value
calculations. The present value is the value today of an amount that would exist
in the future, given a stated investment rate called the discount rate. For
example, with a 10% annual discount rate, the present value today of $110 one
year from now is $100. Future value is the value in the future of a known amount
today, given a stated investment rate. For example, with a 10% annual investment
rate, the future value in one year of $100 today is $110. In either case, the
interest rate used reflects the lost opportunities for return from alternative
investments.
Title
Legal document that identifies the owner of the vehicle. The lessor or assignee,
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 who has agreed to pay any remaining balance on your
agreement. The amount credited may be positive or negative, depending on the
agreed-upon value of the traded-in vehicle and any remaining balance on your
agreement.
Use tax
See Monthly sales/use tax.
Used-car guidebooks
Publications that report current wholesale and (or) retail prices of vehicles.
Wholesale values generally are determined from such factors as auto auction
prices, other wholesale transactions, and regional demand. Prices are listed
according to year, make, model, options, mileage, and condition of the vehicle.
Retail prices are generally determined by such factors as dealership retail
sales prices, other retail transactions, and regional demand.
Used-vehicle leasing
Leasing of previously driven (owned or leased) vehicles.
Walk-away lease
See Closed-end lease.
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.
|