3.0 question: buy out lease and sell?

VWMark

Veteran Member
Joined
Apr 8, 2003
Location
Mount Kisco, NY
TDI
2010 Golf TDI 6M RIP, 2015 GSW SE TDI 6M, 2015 Q7 TDI
Looks like the 3.0 settlement has been approved, so trying to see what my options are for our 2015 Q7 TDI. It is currently leased through my company, end of lease is 9/18 I think. Looks like the restitution for leasees is only $2000, pretty lame! Anyway, I believe I've read that you can buy out the lease, sell to someone trusted, and then apply for buyback as an owner. At least I think that's how it works for the 2.0 cars.

First, can somebody confirm that the process would be the same for the 3.0 as the 2.0 cars?

Second, how would that work with the car being leased by a company?

If this is explained somewhere, please point me in the right direction.

Thanks!
 

Fourplay

, TDI Parts Ninja Vendor , w/Business number
Joined
Nov 6, 2015
Location
Atlanta, GA
TDI
2014 A8L
Won't work at present for a Gen 2 3.0L car (2013+), as they aren't yet subject to buyback. If VW doesn't find a fix, it may be possible later this year or early next year.
 

VWMark

Veteran Member
Joined
Apr 8, 2003
Location
Mount Kisco, NY
TDI
2010 Golf TDI 6M RIP, 2015 GSW SE TDI 6M, 2015 Q7 TDI
Thanks for the response.

So the gen 2 cars are no buyback if they get a fix approved?

If that's the case that they get a fix approved, wouldn't it still make sense to buy out the lease and sell because the restitution amount is considerably higher for owners? As a lessee I would get $2000, but as an owner I would get about $9350. I guess in this case it will also depend on how much the buyout is and if I want to keep the car...
 

Fourplay

, TDI Parts Ninja Vendor , w/Business number
Joined
Nov 6, 2015
Location
Atlanta, GA
TDI
2014 A8L
Thanks for the response.

So the gen 2 cars are no buyback if they get a fix approved?

If that's the case that they get a fix approved, wouldn't it still make sense to buy out the lease and sell because the restitution amount is considerably higher for owners? As a lessee I would get $2000, but as an owner I would get about $9350. I guess in this case it will also depend on how much the buyout is and if I want to keep the car...
Gen 2 cars get bought back if there is no fix available by a certain date (which is in October or November depending on the car). VW can pay owners $500/mo for up to 3 months to extend this deadline.

If you bought the car off of the lease, it would be possible to get the repair restitution, but you would then own the car, versus turning the car in and having no ownership.
 

zhang1d

Member
Joined
Nov 2, 2016
Location
California
TDI
2015 Touareg
The question is whether the 3.0s bought after Jan 31, 2017 are still considered as "eligible vehicle" or not.
 

Mythdoc

Veteran Member
Joined
Jan 28, 2017
Location
Tennessee
TDI
2011 Touareg, 2015 Q5, 2015 Golf
I don't think that loophole exists in the 3.0 settlement. You are a lessee, period.
 

VWMark

Veteran Member
Joined
Apr 8, 2003
Location
Mount Kisco, NY
TDI
2010 Golf TDI 6M RIP, 2015 GSW SE TDI 6M, 2015 Q7 TDI
Here is the relevant section from the settlement documents:

2.39. “Eligible Owner” means the owner or owners of an Eligible Vehicle on September 18, 2015, or the owner or owners who acquire an Eligible Vehicle after September 18, 2015, but before the end of the Settlement Benefit Period, except that the owner of an Eligible Vehicle who had an active lease issued by VW Credit, Inc. (Generation One vehicles) or VW Credit, Inc. or Porsche Financial Services, Inc. (Generation Two vehicles) as of September 18, 2015 and/or November 2, 2015, and purchased that previously leased Eligible Vehicle off lease after January 31, 2017, shall be an Eligible Lessee. For avoidance of doubt, an Eligible Owner ceases to be an Eligible Owner if he transfers ownership of the Eligible Vehicle to a third party. A third party who acquires ownership of an Eligible Vehicle thereby becomes an Eligible Owner if that third party otherwise meets the definition of an Eligible Owner, unless the third party acquired the Eligible Vehicle from an Eligible Lessee, in which case that third party will be an Eligible Lessee. An owner of an Eligible Vehicle will not qualify as an Eligible Owner while the Eligible Vehicle is under lease to any third party, although any such owner, including any leasing company other than VW Credit, Inc. or Porsche Financial Services, Inc., who otherwise meets the definition of an Eligible Owner would become an Eligible Owner if such lease has been canceled or terminated and the owner has taken possession of the vehicle. In exceptional cases, specific arrangements may be made with the leasing company, in consultation with the Claims Supervisor, such that, (1) without canceling or terminating the lease, the leasing company may be treated as an Eligible Owner and obtain (a) an Emissions Compliant Repair plus Lessee Repair Payment or (b) a Reduced Emissions Modification plus Owner Restitution, as appropriate, and (2) a lessor that takes possession of a leased Eligible Vehicle after the Claim Submission Deadline (or the end date of the Claim Program) may nonetheless be entitled to submit a Claim.

I can't figure it out either way from that!
 

Fourplay

, TDI Parts Ninja Vendor , w/Business number
Joined
Nov 6, 2015
Location
Atlanta, GA
TDI
2014 A8L
Here is the relevant section from the settlement documents:

2.39. “Eligible Owner” means the owner or owners of an Eligible Vehicle on September 18, 2015, or the owner or owners who acquire an Eligible Vehicle after September 18, 2015, but before the end of the Settlement Benefit Period, except that the owner of an Eligible Vehicle who had an active lease issued by VW Credit, Inc. (Generation One vehicles) or VW Credit, Inc. or Porsche Financial Services, Inc. (Generation Two vehicles) as of September 18, 2015 and/or November 2, 2015, and purchased that previously leased Eligible Vehicle off lease after January 31, 2017, shall be an Eligible Lessee. For avoidance of doubt, an Eligible Owner ceases to be an Eligible Owner if he transfers ownership of the Eligible Vehicle to a third party. A third party who acquires ownership of an Eligible Vehicle thereby becomes an Eligible Owner if that third party otherwise meets the definition of an Eligible Owner, unless the third party acquired the Eligible Vehicle from an Eligible Lessee, in which case that third party will be an Eligible Lessee. An owner of an Eligible Vehicle will not qualify as an Eligible Owner while the Eligible Vehicle is under lease to any third party, although any such owner, including any leasing company other than VW Credit, Inc. or Porsche Financial Services, Inc., who otherwise meets the definition of an Eligible Owner would become an Eligible Owner if such lease has been canceled or terminated and the owner has taken possession of the vehicle. In exceptional cases, specific arrangements may be made with the leasing company, in consultation with the Claims Supervisor, such that, (1) without canceling or terminating the lease, the leasing company may be treated as an Eligible Owner and obtain (a) an Emissions Compliant Repair plus Lessee Repair Payment or (b) a Reduced Emissions Modification plus Owner Restitution, as appropriate, and (2) a lessor that takes possession of a leased Eligible Vehicle after the Claim Submission Deadline (or the end date of the Claim Program) may nonetheless be entitled to submit a Claim.

I can't figure it out either way from that!
If you leased from VW/Audi/Porsche, there is no longer the loophole that existed with 2.0L cars.

If you leased from a third party, the loophole still exists.

Hope this helps.
 

VWMark

Veteran Member
Joined
Apr 8, 2003
Location
Mount Kisco, NY
TDI
2010 Golf TDI 6M RIP, 2015 GSW SE TDI 6M, 2015 Q7 TDI
Lease is through Audi/VW.

So that means my only option (if a fix is approved) is to take the $2000?

That sucks!
 

Mythdoc

Veteran Member
Joined
Jan 28, 2017
Location
Tennessee
TDI
2011 Touareg, 2015 Q5, 2015 Golf
Lease is through Audi/VW.

So that means my only option (if a fix is approved) is to take the $2000?

That sucks!
Right. It may suck, but closing the loophole makes sense on its own. 2.0 illustrates that.
 
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