2nd smog payment denided to me

i bought a 2015 Passat in Jan. 2018 from a dealer in Cal. Got a letter from Cal. dmv to get it smog fixed . Got a fix. # from vw aand went to Garden Grove vw in s. cal. I sent all the paper work to vw and waited about 40 days and said i was not to get the payment as the dealer brought from an auction in Ar. and had the first smog fix done i was not entitled to the second one $4900 1st----$2800 second !!!! this just seam right , as i still hed to get the car fixed Right or Wrong ?? Thanks again Tdan

I was under the impression that all cars sold by dealers were inelligable for cash.

Obviously you knew about the scandal at the time of purchase......

People who purchased cars with Phase 1 complete are NOT eligible for the 2nd half of the payment.

I was under impression that the dealers had to Have the car in proper emissions condition to sell it to the public. I'm surprised,did the dealer get the additional money? Maybe.

If it was unsold, VW does the fix, but can't pay itself. If it's a buyback car, the buyback *was* the payoff, and again VW does not pay twice. The only case when $$$ are offered is if the fix is done by an owner, having not been owned by VW since initial (unfixed) sale.

This is exactly as expected . . . . there is no 'magic cash cow' here to be milked . . . You already saved $$$ getting a buyback car . . .

turbodan62 said:

i bought a 2015 Passat in Jan. 2018 from a dealer in Cal. Got a letter from Cal. dmv to get it smog fixed .

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Would you mind sharing a copy of the DMV letter?

Good point! He must have some other open recall, since even CA is not legally allowed to demand the 'fix' . . .

The first part of the fix was done previously. The second part of the fix was not yet available as of the time the original poster bought the vehicle, so it wouldn't have been done. Whether there is a *payment* associated with having that second part of the fix done varies depending on that specific vehicle's ownership history, as described above.

In any case, whether the fix is done or not should not affect the smog test. They are not supposed to be requiring owners to get it done, and that's the basis for the statement above. If there is some *other* open emissions-related recall then that is a whole different situation completely unrelated to whether the "fix" has been completed.

the car was not a buy back car , it was auctioned off in ar. & brought to cal. were the car dealer ( not vw ) sold the car to me ... As i have to go thru the second fix ( my time and trouble ) i do not see why i would not get the second fix monies ($2800.00) Thanks again Tdan

If it was auctioned there is a good chance it was a buy back vehicle even though you didn't get it from a VW dealer. You are under no obligation to do the fix anyway as California took the payoff money and agreed not to pursue any emissions issues for these cars. So appeal to VW or fight your state.

There is a no way a buyback eligible car was sold at auction without a fix and then a not VW dealer did the fix.

So it isn't possible that it was bought at auction by a non VW auto dealer, had fix 1 done by a VW dealer and resold in California?

If phase 1 was done before you had it, all money is off the table.

You can choose to not do phase 2 which is intended to make the emission system last over time. Seems like a poor decision, but up to you.

Don't forget that getting the phase 2 fix done presses the reset button on your extended warranty.

Lightflyer1 said:

So it isn't possible that it was bought at auction by a non VW auto dealer, had fix 1 done by a VW dealer and resold in California?

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Correct. Because in this case, the dealer would have known about buyback and done it himself.

Some dealers want little or nothing to do with these cars. It is possible someone other than a dealer bought one/some. As it isn't even required they be fixed at all I can see that happening. I can also see them getting fix 1 done to facilitate selling the vehicle as VW is on the hook to do it for free anyway. Good thing to do especially if returning it to California for sale, especially if it was early before fix 2 was ready. There would still be no money available as it was a buyback vehicle. Prove to me that only dealers are allowed to buy auction cars. Once anyone buys it they can do what they want with it. Leave it alone, partial fix or full fix. Unless you live in one of the states that didn't accept the payoff money from VW.

no money left to the OP, and CA is prob insisting the owner have the open recall completed on the car. Seeing the car was more than likely a bought back it has phase 1 and needs phase 2.

I think the wiggle room for CA "not denying registration" for not getting the fix is only open to original owners, no those who bought after the S hit the fan and fixes are available. Remember this is CARB country, they are pillars of the environmental movement.

Get the phase 2 fix done, get a rental and beat the crap out of it and motor on.

They can't deny any owner at any time registration for skipping this emissions fix. It's in the settlement because it is an exception for California. They usually force emissions recalls.