Previous owner restitution during buyback

splatkid10

Member
Joined
Sep 13, 2009
Location
San Diego
TDI
2009 JETTA TDI
I recently sold back my TDI that I bought used in 2013 after selling my older TDI. Is the previous owner of the 2013 entitled to any restitution payment? Or does anyone know where I can go to determine this on the website's related to Dieselgate?

I'd like to see what the court determined for those previous owners as I'm in a bit of a personal disagreement with the previous owner right now over the size of my buyback check on the '13 provided what I bought it from them for.
 

DanB36

Veteran Member
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Jul 13, 2003
Location
Savannah, GA
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2014 Q5 Prestige TDI, Monsoon Gray
The previous owner would have been eligible to receive some restitution directly from VW if (1) he bought the car before 9/18/15, (2) he sold the car after 9/18/15 but before 6/28/16, and (3) he timely filed a claim with VW--I believe the deadline for this was 9/16/16, but I'm not 100% certain, though in any event it's long past now. There's no case where you owe him anything, unless you and he had a particular agreement to that effect.
 

Armby

Veteran Member
Joined
Nov 30, 2012
Location
Ottawa, Canada
TDI
2013 Golf
I recently sold back my TDI that I bought used in 2013 after selling my older TDI. Is the previous owner of the 2013 entitled to any restitution payment? Or does anyone know where I can go to determine this on the website's related to Dieselgate?



I'd like to see what the court determined for those previous owners as I'm in a bit of a personal disagreement with the previous owner right now over the size of my buyback check on the '13 provided what I bought it from them for.


If the previous owner sold it to you before sept 2015 he is not entitled to anything. BTW what you get from VW has nothing to do with him. Show him a trail and tell him to take a hike.
 

Random_Vibration

Veteran Member
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Dec 12, 2014
Location
Florida
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2015 Golf SEL TDI (6MT, LP, Driver Assist)
I recently sold back my TDI that I bought used in 2013 after selling my older TDI. Is the previous owner of the 2013 entitled to any restitution payment? Or does anyone know where I can go to determine this on the website's related to Dieselgate?
I'd like to see what the court determined for those previous owners as I'm in a bit of a personal disagreement with the previous owner right now over the size of my buyback check on the '13 provided what I bought it from them for.
I don't get the cause of the dispute. The rules of the settlement are clear and VW paid out according to the rules. If you have sold a car back, you should have a copy of those rules. None of us can tell you if they are entitled to anything because you haven't shared any info helpful to determine eligibility.

Long story short, you should've been paid what you were eligible to recieve. None of what you recieved would belong to the previous owner and they would have to file a separate claim to recover what thier share would be if any. Tell the previous owner to go away because you owe them nothing.
 

splatkid10

Member
Joined
Sep 13, 2009
Location
San Diego
TDI
2009 JETTA TDI
I was paid what I was eligible to receive and I found on the VW Settlement website this morning the note that said:

"The emissions allegations regarding the 2.0-liter Volkswagen and Audi TDI vehicles became public on September 18, 2015. TDI vehicles that were sold before this date did not have the same depreciated values as vehicles that were sold after the emissions allegations became public. Individuals who sold their TDI vehicle before September 18, 2015 are not part of this Class Action Settlement, and they retain the right to bring their own individual lawsuit."

I could tell the person to take a hike, but it's a family member who sold me the car at a nice discount back in 2013. Trying to determine what I should do, but wanted to confirm they had no recourse with VW. It sounds like at this point they don't have any unless they bring an individual lawsuit.
 

DanB36

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I doubt there's anything to be gained by an individual (or another class-action) lawsuit by owners who sold before 9/18/15, but that's been the subject of a few other threads. You don't legally owe anything to the person you bought the car from, and I don't think you morally do either (you and the seller agreed on a price in complete ignorance of VW's cheating). But certainly you may decide to give something if you feel it's appropriate.
 

chief poncho

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Arizona
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Jetta
Hmmm, interesting situation. There's morals, ethics, and of course, the "right" thing to do.

If a familly member sold you the car back in '13, before the scandal was known, I don't see what their issue is. Let's say the scandal never occurred, and gas prices shot up to $8.00 a gallon. Your little TDI would most likely be worth a lot more in that kind of market. If you decided to sell it at a profit from your 2013 price, would this relative expect some money back? Probably not.

The car was 4 years old when you bought it, and I assume your buyback was a bit more than you paid. Ultimately, it's up to you. If it was a close family member that could use the money, perhaps you could give them half of the overage. Afterall, if they were an eligible seller, having sold after the scandal was exposed, but before 6/27/16, they would have been eligible for half of the restitution amount.

Ethically, you don't owe them anything. Morally you don't owe them anything, afterall, they sold you, albeit unknowingly a non-emissions compliant vehicle. And the "right" thing to do is whatever your heart tells you at this point. I think sharing up to half of any "profit" you made would be a nice family gesture given they sold the car to you at a discount originally. However, if you had to put any money into the car for repairs and maintenance, I'd subtract that amount too.

I'm curious, lets say the car had a serious issue 3 years after you bought it. Would this family member help you pay to fix it? Probably not. Personally, I think your family member is the one with the issue and shouldn't be trying to cash in on your gain.
 

Random_Vibration

Veteran Member
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Dec 12, 2014
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Florida
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2015 Golf SEL TDI (6MT, LP, Driver Assist)
I was paid what I was eligible to receive and I found on the VW Settlement website this morning the note that said:

"The emissions allegations regarding the 2.0-liter Volkswagen and Audi TDI vehicles became public on September 18, 2015. TDI vehicles that were sold before this date did not have the same depreciated values as vehicles that were sold after the emissions allegations became public. Individuals who sold their TDI vehicle before September 18, 2015 are not part of this Class Action Settlement, and they retain the right to bring their own individual lawsuit."

I could tell the person to take a hike, but it's a family member who sold me the car at a nice discount back in 2013. Trying to determine what I should do, but wanted to confirm they had no recourse with VW. It sounds like at this point they don't have any unless they bring an individual lawsuit.
What you seem to have is a personal problem between you and who sold you the car. That has nothing to do with the EPA, CARB, of VWofA. How you settle it is between you and them alone. If they did you such a great favor selling you the car, the classy thing to do would be to do something nice for them with some of of the windfall but it's all on you.

If they would like to sue, it's on them but they are owed nothing according to the terms of the settlement.
 

PacCoastFwy923

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2015 Passat SE TDI 6-speed manual; 2006 mkV Jetta TDI / 5-speed / Pkg 2
So I'm curious: what was the price you paid, and what was the fair market value?

Was it done with the understanding they were "helping you out" in a tight financial situation? Or were the one "helping him out" to offload an excess car he was otherwise unmotivated to sell?

Was the car in good condition, or was there an understanding it needed some fixin. Did it have mechanical problems you paid for that were above and beyond normal maintenance problems?

Did it have a clean title?
 

JohnNS

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Nova Scotia
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2009 JSW
You've had the car for 4 years (if I'm reading it right, you bought it in 2013). They're entitled to as much as the compensation as they are to the bills related to maintenance over that time.

If they even asked for a cut that's dirty pool. Trying to get money for something they sold 4 years ago.. come on. Family or not - you shouldn't have to deal with that, and personally I wouldn't.
 

dmarsingill

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Dacula, GA
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Personally. I would never have discussed the compensation with your family member. Family is weird.....they fell entitled to whatever you earn. Give them $1000......and never discuss money with them again!

Donald
 

splatkid10

Member
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Sep 13, 2009
Location
San Diego
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2009 JETTA TDI
Personally. I would never have discussed the compensation with your family member. Family is weird.....they fell entitled to whatever you earn. Give them $1000......and never discuss money with them again!

Donald
I did not slip them the number - it was accidentally mentioned by my parents to them! #facepalm

Here was how this went down...in 2009 I graduated from college where I went on a full ride. My parents being as awesome as they were bought me the '09 TDI as a grad present. In the fall of 2013 I get a call from this family member who was trying to sell their 2013 TDI back to the dealership where they bought it, but was given a bit of a "bait and switch" by the dealer. So in a "F you!" move to the dealer it was offered to me at whatever price I could sell my '09 for, plus I'd pay to register the car and ship it across country. My family member owned it outright. So I took the deal. Sold my '09 for just under $13k, paid a couple grand to get it registered/shipped to me. Fast forward to the scandal - I was paid just shy of $24k.

I believe they saw it as doing me a favor - the 2013 had just over 4,000 miles on it and was essentially a brand new car that I was getting at a steal of a price. So now I've "profited" off the car that was given to me at a great price. I know for a fact this person doesn't need the money and my understanding is it's not about the money but that I didn't offer to provide any...

Yes, ultimately this is a personal issue, but it is good for me to know and confirm that the previous owner is not owed anything by me or VW (unless they decided to litigate with VW).

Wish my parents had kept quiet - and now I know not to tell my parents anything...apparently I didn't learn that growing up!!
 

Dr Chill

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South Florida
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2016 A8L TDI
I did not slip them the number - it was accidentally mentioned by my parents to them! #facepalm
Here was how this went down...in 2009 I graduated from college where I went on a full ride. My parents being as awesome as they were bought me the '09 TDI as a grad present. In the fall of 2013 I get a call from this family member who was trying to sell their 2013 TDI back to the dealership where they bought it, but was given a bit of a "bait and switch" by the dealer. So in a "F you!" move to the dealer it was offered to me at whatever price I could sell my '09 for, plus I'd pay to register the car and ship it across country. My family member owned it outright. So I took the deal. Sold my '09 for just under $13k, paid a couple grand to get it registered/shipped to me. Fast forward to the scandal - I was paid just shy of $24k.
I believe they saw it as doing me a favor - the 2013 had just over 4,000 miles on it and was essentially a brand new car that I was getting at a steal of a price. So now I've "profited" off the car that was given to me at a great price. I know for a fact this person doesn't need the money and my understanding is it's not about the money but that I didn't offer to provide any...
Yes, ultimately this is a personal issue, but it is good for me to know and confirm that the previous owner is not owed anything by me or VW (unless they decided to litigate with VW).
Wish my parents had kept quiet - and now I know not to tell my parents anything...apparently I didn't learn that growing up!!
Bottom line is they did you a favor by selling you the car for well under market value. While not obligated to do so, the proper move is to share the difference between your payout and your cost for the vehicle with the generous relative who sold you the car.
 

scooperhsd

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Kansas City KS
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I respectfully disagree with Dr Chill. At the time of the transaction, nobody outside of VW knew about the cheat, nor any possible restitution payments. yeah he did you a favor, I'm not sure it was worth that much....
 

DanB36

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Savannah, GA
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I'd agree with Dr. Chill as long as "share" doesn't necessarily mean "split 50/50." I'm basing this on my understanding that your relative gave you a very generous deal, and it would seem fair if you gave something back. I don't think that's required, legally or morally, but it would be a good thing to do.
 

JohnNS

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Location
Nova Scotia
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2009 JSW
Why should you offer to provide any?

Sounds to me like they just like the ego stroke. If they don't need the money they should just be happy for you.

Sorry, but someone like that would be cut out of my life before they could spell bye.
 

splatkid10

Member
Joined
Sep 13, 2009
Location
San Diego
TDI
2009 JETTA TDI
I've got to say - it's really interesting to see the various responses to this situation and how it should be handled.

Option 1) Offer the family member something and work it out. A view held by some here as the right thing to do since they did me a solid.

Option 2) Don't provide them with any money. They're not owed anything according to the Dieselgate law suit and it was there choice to sell me the car back then for below market.

I can see the argument on both sides, but I tend to lean with what JohnNS just said. Knowing the family member it feels to me that it's more about a feeling of "this isn't fair" but it's hard because I know the money means nothing - it's why it was sold under market value in the first place.

Still stumped on how to handle this one. Mostly just frustrated I am in this situation.
 

PacCoastFwy923

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Oakland
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2015 Passat SE TDI 6-speed manual; 2006 mkV Jetta TDI / 5-speed / Pkg 2
There's option C, say "thank you for helping me out in my difficult time" (play that up as necessary, or don't), buy them a nice gift like airfare to come visit you, and call it a day. The main thing is acknowledging that their generosity put you in a good place, and you're grateful.
 
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