skiahh

Short of opting out of the class, I think that's the only option.

There are provisions of being able to opt out if the fix doesn't work (but you do have to pay back the initial payment) or if they can't get a fix approved.

Sad thing is, the "deal" is better for us if they can't. The partial fix (as I'm calling it) has a much higher restitution amount than the full fix.

gnat

I thought the first half wasn't contingent on anything and that it's only the second half that is tied to you actually getting the fix applied?

PJ Cayenne

Exactly. Half the repair payment on an $80k vehicle is not worth the risk of the fix changing the performance, fuel economy or reliability. Until somehow it is mandated, or I decide to sell, I am in the hold off group.

skiahh

Yes, that's correct. But taking the first half means you've accepted being part of the class. And if the class solution is a fix, then you're in, with the specific escape clauses applicable afterwards.

At least that's the way I read it. I'm not a lawyer, though (and didn't sleep in a Holiday Inn Express last night), so could be reading it wrong.

r553

I signed up yesterday and re-read my window sticker that came with the CD: 29 MPG highway....

TrackJunke

All this talk I have been reading and just got a call from local dealer who has a well optioned 2015 Diesel with 36 k miles they are trying to sell me. What do you guys think its worth? Hard to really determine market value with all this going on.

gnat

Ah, I misunderstood. I thought you were just talking about not accepting the fix rather than opting out of the class entirely so you can seek your own resolution.


For me I think the 50% chunk is more than adequate for my "suffering" (read: irritation from having to think about all this BS) since I've never had any intent to sell it and had I known about this in 2012 it wouldn't have changed my decision at all.

IF the fix is as non-impacting as they want us to believe, I'll be happy to take the other 50% from them too. Otherwise I'm happy to give the finger to CARB and be done with it.

Time to get back to enjoying my P!g without this cloud hanging over it.

visitador

There was a CD being sold in CarMax but it is gone. Forgot how much it was. You can see how much base Cayennes and Cayenne S are fetching and try to make an educated guess. Forget about the costs of the options. Those depreciate the mosts.

It looks to me there is a group of potential buyers who really want the CD and it is a matter of how much risk they are willing to take on the "fix." I guess if the price is low enough someone will buy it.

bella1

I am told by a Porsche Dealership manager that Porsche will be closely monitoring all service done on the Diesel Cayenne. Dealers will be required to apply the fix whenever the vehicle is in for repair. In reading the parameters of the possible performance reductions at 10% or less, this would not bother me in the driving and trailering I do. I'll take the fix and the money.

That said, I would not be surprised if they forgo all of that and do the buyback. Then the deal is done and they leave all of this behind. Just a guess on my part and nothing more.

TrackJunke

They are asking 55k. Gut feel is 48-50 would be a good deal with all the stuff going on. 52 is probably more realistic I would imagine. I am sure somebody will take the risk if I don't.

gnat

Which is why as soon as the fix is available mine will never see a dealer again in it's life.

There was, however, a blurb in one of the releases earlier this year that said if the customer opts out of the fix (e.g. only takes 50% of the settlement) then VAG is required to NOT apply the fix without the customer's permission.

If that makes it into the final agreement, then any dealer that proactively fixes any unfixed car is asking for trouble.

Edit: Here is the relevant conversation between Needsdecaf and myself about it:

User 52121

That's about in-line with what they seem to be going for here in Chicago, if not maybe a little bit better.

My '14 with 36k on it was listed at 49.9. The dealer on the other side of town had two 15's, both listed at 59.9, but half the mileage (16 and 22k).

That dealer is known for generally NOT budging on price tho, so if they were listed at 59.9, they likely both sold for 59.9. I got my '14 for 46.

TrackJunke

thanks for the info. Exactly what I was looking for

SignDoc

Below is the response I received, looks like you can take the upfront and still opt out. Also the 2nd part is the original email I received back from the lead class attorney, I asked why they promised and "buy back" option but didn't deliver:

There is a second, or “back end” opt-out opportunity , if no emissions modification is approved (at that point, the buyback option would also be operative).
The options would then be buyback, or opt out. The upfront 50% payment would need to be reimbursed to effectuate that opt-out.
I can send you the executive summaries for the proposed settlements (these are more detailed versions of the powerpoint slides now on the
Court website) as soon as these are cleared, which should be later today.

The class notice, to go out shortly, details the process for submitting comments and objections. These are not due until April 24, 2017. I'm also happy to send you the hearing transcript and powerpoint - the transcript is not out yet, but should be shortly. We certainly fought like hell for a buyback option ;the EPA and CARB determined that Generation 2 vehicles are to be given a shot at full NOx emissions compliance. The class settlement puts specific time limits on that process and triggers a buyback if it is not timely met.
The settlement also provides cash compensation up to $16K , assuming timely approval of an emissions compliant repair, with half of that payable shortly after final approval. The final approval hearing is set for May 11,2017. We made every effort for a buyback option. Because boughtback cars are mothballed, the regulators and court consider it more environmentally responsible to allow a window to achieve original compliance. So we added protections for consumers: a cash payment ( including the upfront payment) that restores value to the car, and goes with the car- so you can sell it now to someone who would then get the title payment, sell it after you get your first payment ( the next owner would get the rest) etc. There is a shorter fuse on the repair approval process than VW or the regulators wanted, there is only a limited opportunity for extension of the deadline
(up to 90 days, with every owner paid an additional $500 per 30 days), representations of no reduced performance, with buyback for vehicles that do not timely get approval. The West Virginia University diesel experts who worked to uncover the emissions scandal in the first place are our diesel experts, and will be conducting before-and-after bench, track and road testing of Gen 2 vehicles to confirm that
repair would not significantly harm performance- that is another circumstance
that could trigger a buyback.
A bridge warranty will replace any expired warranties from 1/31/17 until the emissions compliant repair is approved. This both lowers the cost of keeping the vehicle and enhances its value and dale ability in the meantime. The buyback figures have already been negotiated , and the chart of buyback values is attached to the notice you will receive. These exceed, by percentage over September 2025 Clean Retail, the 2 liter values.
All the info on timing, compensation, and the repair vs. buyback requirements is in the class notice, and summarized in the hearing transcript- I can also send you the slides from the hearing's powerpoint presentation.

Elizabeth Cabraser

User 52121

Interesting details. Thanks for sharing that.

So if VW cannot come up with ANY kind of fix... either full T2B5 compliance, or one that reduces (but not T2B5) with EPA/CARB approval... then your option is (a) buyback or (b) opt-out AND repay whatever restitution you received already?

If you opt-out, pay the restitution back.... what good is that? I assume you'd run into hurdles trying to get the vehicle registered since it would not be considered emissions compliant, no?