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When a finance lease contract expires, to whom should the leased property belong?

2024-08-26

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Financing lease is the most common and basic form of non-bank finance in the world. It integrates lending, leasing and buying and selling, and is a transaction method that combines financing with financing. A financing lease contract is a contract in which the lessor purchases the leased property from the seller based on the lessee's choice of the seller and the leased property, and provides it to the lessee for use, and the lessee pays the rent.

User consultation:

When a finance lease contract expires, to whom should the leased property belong?

Lawyer Ye Tao answered:

The lessor concludes a sales contract based on the lessee's choice of the seller and the leased object. The seller shall deliver the subject matter to the lessee in accordance with the agreement, and the lessee shall enjoy the rights of the buyer related to acceptance of the subject matter.

The lessor and the lessee may agree on the ownership of the leased property at the end of the lease term. If the parties agree that the leased property will belong to the lessee at the end of the lease term, and the lessee has paid most of the rent but is unable to pay the remaining rent, and the lessor terminates the contract and takes back the leased property, and the value of the leased property taken back exceeds the rent and other fees owed by the lessee, the lessee may request a corresponding refund. If the parties agree that the leased property will belong to the lessor at the end of the lease term, and the lessee cannot return it because the leased property is damaged, lost, attached, or mixed with other things, the lessor has the right to request reasonable compensation from the lessee.

If there is no agreement on the ownership of the leased property or the agreement is unclear and it still cannot be determined based on the supplementary agreement and trading practices, the ownership of the leased property shall belong to the lessor.