UPDATE: Lemon Law Buyback Shenanigans by VW (LONG)

Joined
Feb 29, 2004
Well, I have gone full circle with the discovery process regarding this car. Now let me fill you in on what happened.

I called CARFAX. All I got from them was a pre-recorded message to send an email through their website if I had a question concerning a report.

Next step: I called Becky Staples, my mediation/arbitration representative at VW of America, to inquire as to why my car was sold as a repossession at auction. She was somewhat evasive and inquired as to why I was interested since I was no longer the owner. Ms. Staples then informed me that "LEMON" is a legal term and that she was under the impression that VWoA had bought my car back voluntarily. She then went on to say that since there was no official arbiration ruling, VWoA was not legally bound to declare the vehicle a lemon. Ms. Staples was either lied or was severely mistaken because there was NOTHING voluntary about VWoA buying back my car. They were most definietly bound by Massachusetts Lemon Law to buy back my car after it was declared a LEMON at a state ARBITRATION hearing! After informing her of this, she claimed that she did know why the car was sold as a repossession. She then went on to say that whenever VWoA buys back a vehicle for whatever reason, the selling dealer AND the end consumer who purchases the vehicle are required to sign a disclosure statement informing them that the vehicle was a buyback and why the vehicle was bough back.

Next: I called the Massachusetts Dept. Consumer Affairs who said they only oversee the new car lemon law arbitration process and have no power of enforcement. I was directed to call the MA state attorney general's office. When I called their hotline they then passed me on to their South Shore office. I spoke to a rather blunt and rude woman at their office. She was no help at all. She told me since the car was not sold in Mass. it is not their concern. I told here that the car had been declared a lemon in Mass. After further prodding, She then gave me the name and address to an assistant attorney general in Mass and told me to send him a written letter stating my complaint. She told me that most likely nothing would be done about it, but that's my best bet. She said if they had enough complaints against VWoA, they would do an investigation. All this ONLY after first telling me how much work she has to do and how her funding has not increased in four years. UGG......................

Next: I called the Connecticut Dept. of Consumer Protection, Lemon Law Department. The lady I spoke to at this office was really interested in hearing the details of my story and to find out what the whole deal was. She said that they are part of the fraud unit and work in concert with the Attorney General's office. She said she would run the story by her supervisor as well as the Attorney General's office to see if this was something they were going to persue. She also asked me to call the assistant attorney general who was in charge of consumer affairs and let him my story directly. I called and left him a voicemail message. She took down my info and the info on the car and said she would get back to me. During our conversation though, she told me that they had a LOT of cases involving VWs last year!

Next: I stopped into a Volkswagen dealer in Mass. I went to the service department and told them I was buying the vehicle from a private party. I gave them the VIN and asked them to run a warranty history. They printed it up for me however, everything was stated as a VW warranty code. They then looked into a few other things and said that it was recently sold as a used car. A CERTIFIED pre-owned car to be exact. When looking at the computer screen as they were looking up the info, I noticed that the current owner's name and address was listed. I wrote it down so I could contact him.

Next: I got a call back from the lady I had spoken to at Connecticut Dept. of Consumer affairs. She had spoken with her supervisor and the attorney general's office. They had done some investigating and she gave me the scoop. She said that while VW may have violated the spirit of the law, they did not violate the LETTER of the law. She then told me that Massachusetts no longer requires a lemon vehicle to be branded a lemon on its title. She said that the attorney general did not think that any Connecticut laws were violated, but that they would try and contact the new owner. I provided her with the new owner's name and address. She said that they were not through looking into it, but unfortunately they might not be able to do anything about the entire situation.

FINALLY: Using reverse lookup on whitepages.com, I looked up the new owner's phone number using his home address. I called the new owner. He told me that he had to sign a disclosure statement when he had bought the car. They told him it was a manufacturer's buyback but NOT that it was declared a lemon in massachusetts. He stated that they had told him there was a mild vibration in the steering wheel and that the problem was rectified after installing a new steering box. I told him that they had replaced the rack when I had the car and that did not resolve the problem. That is what pushed me to file for lemon law. Fortunately for him though, he has not had any steering wheel vibration to date. He has had the MAF go south twice within a one week period though! I offered the new owner copies of all the paperwork I have pertaining the vehicle. An offer which he gladly accepted. Out of curiosity, I asked him what they were asking for the car at Gene Langan VW where he bought it: They were asking $16,200. I paid $17,700 for the car!!!!!!!!!

All I can say is that VWoA and its dealers have to get their act together and stop playing around with their customers and pulling B/S. I love my VW. I even convinced my signicant other and my mom to buy VWs. I wish I hadn't. Have they had any problems with their cars? NO The whole point is VWoA and its dealer network. While, I love the products and think they are of high quality on the whole, I think VW as a company stinks. They need to do a better job if they want to earn our business. You want to increase sales: Follow the lead of the Japanese and IMPROVE dealer service, customer service, and support. STAND BEHING WHAT YOU SELL. The fact is, when you buy a product, you also buy the company behind the product. That is the dilema. And in that respect, VW has a LONG way to go! For god's sake, people on this very form go on and on about how the dealers suck and can't service what they sell and how VWoA is of no help when dealing with them. Finding a dealership with a degree of competence and who fixes it right the first time should NOT be like finding the holy grail. VW must stop placing blame for banal defects on its owners.
 

Genesis

Top Post Dawg
Joined
Feb 26, 2003
Location
Sevier County TN
TDI
'03 Jetta Wagon
This kind of thing pisses me off.

First, any dealer (or anyone else) who fails to disclose a material fact that, but for that knowledge, you would not have made the original agreement is guilty of FRAUD.

This is the common-law view, and its also my view.

If the state AG offices won't do something about this, then the only way I can see to solve this problem is with some MEDIA EXPOSURE. I think its time for you to call your local "action line" at the local TV station. I bet they're REAL interested in this.

Only by continuing to hammer people who do this will we ever stop it, or get the laws strengthened so that these kinds of things are felonies - then the state AG's office will suddenly get a LOT more interested in chasing them.
 

jasonTDI

TDI GURU Vendor , w/Business number
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Oregon, WI
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20' RAM 3500 CCLB dually HO/Aisan. 2019 Cherokee 2.0T
People,

You need to contact your senators and representatives! They are the ones that make the change in the laws to stop the shenanigans VWOA lawyers are pulling by skirting the letter of the law.

I'm not one for more laws, but in cases involving consumer protection the manufacturers need to have their feet put in the FIRE!
 

dieseldorf

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Location
MA
TDI
ex- 1996 wagon, ex-2000 Jetta
T, you've been a busy boy! Good job. It's kinda funny you were able to determine who bought the car. The guy didn't seem that concerned about it?

/images/graemlins/eek.gif
 

snoopis

Veteran Member
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Location
Arlington, TX, USA
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2002 Golf GLS TDI, 5spd
What other reasons are there for a buyback, besides Lemon law? If I was told a car was a buyback, that's the first thing that comes to mind. Am I missing something here?
 

gern_blanston

Veteran Member
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Location
PNW
TDI
Golf, '03, Silver
Yeah, I think we may be forgetting that we're dealing with used car salesmen here (to further an old stereotype). You can't expect VW to quit trying to make money, and you can't expect 'em to stop and take time to give a damn about anything but moving cars. It sucks that you had to put up with all that nonsense, that's for sure.
But you got satisfaction, albeit after suffering through a lot of BS.
The new owner got a car that's not causing him any trouble. He knew it was a used car, and they fixed it such that he's satisfied with it.
Yin and Yang are in harmony.
 
Joined
Feb 29, 2004
Well, as far as I know, a car can be bought back for many reasons other than being declared a lemon. They did not disclose that Mass deemed it a lemon. That was unfair and some what deceptive but, 100% legal. I do feel that our legislators need to be called to task in order to better protect consumers. I am THANKFULL that I did indeed buy the car in Massachusetts and NOT my home state of Rhode Island, as the lemon law here is virtually NON-EXISTANT!! I also agree that its VW's perogative to sell cars; that's what they are in business to do afterall. However, I do not feel that VW should try and move cars by whatever means necessary. There are eight VW owners in my close extended family. Based on my treatment and how I was handled, they probably won't buy another VW. When speaking to VW owners, it seems as if the majority complain about dealing with VWoA and the dealers. They might have gotten the sales this time around, but you want repeat business. If enough people have been burned, do you think they or their friends and family will go back to VW? It is actually quite a sad situation in my opinion. I drive a car that I really like. I think nothing in its class beats it and the quality is great. However, I always worry now. I am always thinking, "If something goes wrong, what will VW try to pull to deny warranty; will their incompetent dealers be able to fix it?" Like I said before, I can no longer recommend VW to anyone without first telling them, that while the product is awesome overall, caveat emptor b/c the company will NOT stand behind their product when you have an issue! It is sad, but true!
 

gern_blanston

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Poor customer service does appear to be a widespread problem in VW-land. I tried very hard to buy my car at my local dealership, and they basically ran me off. I hooked up with another dealership 60 miles away, and they p!$$ed me off so bad that if I hadn't really really wanted a TDI, I probably would have gone down to Toyota and picked up a Camry. No problems with the car yet, and the local service department's not given me any problems, but I would definitely think twice about buying another VW just because of the sales staffs at the 3 dealerships I visited while shopping for the car originally. And my family has 4 TDI's in town and we LOVE 'em.
 

TheLongshot

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Apr 17, 2003
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Burke, VA
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Jetta Wagon '03 Reflex Silver
[ QUOTE ]
What other reasons are there for a buyback, besides Lemon law?

[/ QUOTE ]

Well, while I owned my Saturn, they offered to buy it back a couple of times, and use the proceeds for a new Saturn. I don't know why they were doing this, if they were trying to clear out new inventory, or if they were building up their used lots. I can say, tho, that I had no problems with my car at the time.

Jason
 

tjl

Top Post Dawg
Joined
Mar 19, 2001
Location
California, USA
TDI
2001 Golf GLS
[ QUOTE ]
[ QUOTE ]
What other reasons are there for a buyback, besides Lemon law?

[/ QUOTE ]

Well, while I owned my Saturn, they offered to buy it back a couple of times, and use the proceeds for a new Saturn. I don't know why they were doing this, if they were trying to clear out new inventory, or if they were building up their used lots. I can say, tho, that I had no problems with my car at the time.

[/ QUOTE ]

But that would be a normal dealer (not the manufacturer) buying a used car. I have seen used VWs on the lot of a VW dealer with very obvious "Manufacturer Buy Back" (emphasis added) labels on them (which included the notation that additional bumper to bumper warranty was included with the car). "Lemon" buy back was the first thing I thought when seeing those labels.

What may be more bothersome is that if records findable by Carfax and similar services do not indicate a manufacturer buy back; future buyers of this car as a used car may be unaware of its former "lemon" status (though it is hard to see VWoA or the selling VW dealer gaining anything from this).
 

gern_blanston

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Be aware, too, that the folks at Carfax don't necessarily go out of their way to dig stuff up either.
 

MN_TDI

Well-known member
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St. Paul, Minnesota
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Jetta GLS Auto, '00, Red
[ QUOTE ]
Be aware, too, that the folks at Carfax don't necessarily go out of their way to dig stuff up either.

[/ QUOTE ]

Carfax..more like CarFu/images/graemlins/shocked.gifk! I was given a 5 page Carfax by a dealer before buying a car, no accidents! After the purchase, I spoke to the prior owner and he told me a tree fell on it which took out one side of the car! Was that an accident? Not according to CarFu/images/graemlins/shocked.gifk
 

SoTxBill

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its not the base, its the additives!!
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13 passatdsg 10 jetdsg, 09 jetdsg, 2006 jetdsg, 2001Jet, 96passat, 86jet, 81 jet, 78pickup all vw diesel.
do you think when the buy a car back that they would NOT resale it???

foolish boy.. the law says they buy it back,, but it means the they will, can, and are in the biz to sell cars... and that car will be resold... and hopefully the problem is corrected.. if not,, the another buy back... etc... etc...etc.. and the sun will still come up in the east and set in the west...
 

MRIBOB

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Apr 21, 2003
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TIJUANA MEXICO
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None- Jetta-0 - Mexico 1
[ QUOTE ]
. I called the new owner. He told me that he had to sign a disclosure statement when he had bought the car. They told him it was a manufacturer's buyback but NOT that it was declared a lemon in massachusetts. He stated that they had told him there was a mild vibration in the steering wheel and that the problem was rectified after installing a new steering box. Fortunately for him though, he has not had any steering wheel vibration to date. He has had the MAF go south twice within a one week period though! I offered the new owner copies of all the paperwork I have pertaining the vehicle. An offer which he gladly accepted.

[/ QUOTE ]


You did a good job. If I was the owner of the car I would be very thankfull.

I think only the new owner would have cause for legal action.

CARFAX PROMISE:CARFAX Buyback Guarantee
Terms and Conditions
CARFAX Buyback Guarantee claims (each a "Claim") may be submitted per, and are subject to, the following Terms and Conditions.

CARFAX agrees to pay to the holder of a CARFAX® Vehicle History Report (the "Report") making a Claim (the "Claimant") the Claimant's full purchase price of the vehicle to which the Report relates (the "Vehicle)
- if:

The Report was provided by CARFAX on or after March 1, 2004.


The Report states that the Vehicle has a title history with no Branded Titles showing, but a Branded Title actually exists.
A "Branded Title" is a passenger motor vehicle ownership document issued by any of the 50 states of the U.S. (or the District of Columbia) or a passenger motor vehicle registration document issued by any province of Canada (which also may be referred to herein as a "Branded Registration") which was issued with words or symbols signifying that the vehicle was: junked or salvaged; dismantled, rebuilt or reconstructed; flood damaged; fire damaged; hail damaged; bought back by its manufacturer ("Lemon Law" vehicle); odometer exceeds mechanical limits; odometer was not actual mileage; declared a total loss (Canada only); or which was issued with any other symbol or word signifying a similar Brand.


Someone should take carfax up on this.

I think your job is done now.
 

rwolff

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Lesser continental mass, Tosev 3
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None yet
[ QUOTE ]

Carfax..more like CarFuk! I was given a 5 page Carfax by a dealer before buying a car, no accidents! After the purchase, I spoke to the prior owner and he told me a tree fell on it which took out one side of the car! Was that an accident? Not according to CarFuk


[/ QUOTE ]

Just for laughs, I ran a Carfax on my car, and it came up clean (i.e. no accidents). I guess it was just my imagination that I had to get a Ford van removed from the trunk when it was a year old.
 

danix

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Great work Mr. Lemon. Reminds me of how I always try to track down the previous owner of any used car sold at a dealer to find out why the car is really there. This has always paid off for me.

As far as carfax, they indicate only what is in DMV records, they can't do miracles. The only way to have full disclosure would be if every body shop and repair shop in the country were required to disclose repairs back to DMV, but that isn't the case.

Carfax is useful, but has its limitations. Given the choice of carfax or no carfax, I'll always take the carfax, but with a grain of salt.
 

tjl

Top Post Dawg
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Location
California, USA
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[ QUOTE ]
Just for laughs, I ran a Carfax on my car, and it came up clean (i.e. no accidents). I guess it was just my imagination that I had to get a Ford van removed from the trunk when it was a year old.

[/ QUOTE ]

But it wasn't a total loss, correct? In the absence of a total loss resulting in a salvage or similar title being issued for the car, the information may not necessarily be available to Carfax or similar services.

Carfax can find some things (primarily title and registration history), but one shouldn't think of it as a magic service that finds all possible bad things that could happen to a car.
 
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