bhtooefr
TDIClub Enthusiast, ToofTek Inventor
To be entirely fair, it isn't equivalent, though, to the car that's being held."But the rental car uses more gas than my TDI did" - cry me a river; it's essentially being given to you for free.
"But the rental car isn't as <whatever> as my TDI" - again, cry me a river, it's being offered to you for free.
However, there's a different angle - the well-above-market-value buyback offer would likely be used as evidence of a good-faith dealing. Basically, a judge may well say that all VW has to do is complete the buyback to make the owner right, so the buyer needs to take the buyback to be made right.
Again, it's exactly like if the car had fallen off of a lift during service, and been totaled as a result - it's just that the liable party may be different.