2015 VW Passat TDI Lease Termination and Service Question

angelmcdangelmcd Member Posts: 2
edited June 2016 in Volkswagen
I lease a 2015 VW Passat TDI which I have loved. Long story short the dealership forgot to replace the oil plug in the car when it was taken in for scheduled service and as a result the engine has to be replaced. The dealership is not denying responsibility for the error. They want to replace the engine with a used engine rather than a new engine. Needless to say I have zero faith in their service capabilities to replace an engine when their lack of skills are what created this situation. Per VW North America they can replace the engine with what ever is available. So here are my questions:
1. Since they are negligent with regards to causing the damage on a lease, can the lease be terminated early due to those grounds alone?
2. Per VW Warranty they can use either new or used parts, specifically whatever is available. If both new and used parts are available who or what determines the choice to use new or used parts? Is it based on customer preference? Is it based on cost to the dealership?
2. Can I insist that they replace the engine with a new engine? Since new diesel engines are not available and I won't agree to a used engine, particularly due to the fact that their faulty service created the issue, can I get out of my lease due to breach of contract?
3. The lease documents with VW credit only discuss termination of lease due to damages caused by the lessee. It makes no mention of early termination due to damages caused by the lessor
4. Would it be reasonable to ask for them to simply give me another car of similar make, model etc for the remainder of the lease?
5. What remedies or solutions have you seen when dealing with a situation like this?

Comments

  • kyfdxkyfdx Moderator Posts: 197,384
    Your lease obligations are separate from both VW and the dealer. Your lease is with the bank. Your obligation to them is financial, regardless of the warranty issues between you, VW and the dealer.

    VW is not the bank, even though the bank may be named VW Credit. The lessor has not caused you any damages.

    It's a lease. Let them replace the engine, then turn the car back in at lease end. Since there are no new engines to use, I don't think there is a choice as to new or used parts. When VW states they can use either new or used, they are telling you that you don't have a choice.

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  • Mr_ShiftrightMr_Shiftright Sonoma, CaliforniaMember Posts: 64,482
    I also don't see any way out of this except the used engine. You might bargain for a loaner car, though, since it was their screw-up and this repair might take a little time.
  • angelmcdangelmcd Member Posts: 2
    I will be over in mileage at lease end. I was literally in the middle of working with the dealership to purchase the car off lease when this debacle took place. Now I don't want to buy the car for the obvious reasons but also don't want to get stuck with a massive overage charge. Right now I would owe them 3K in overage, which would be fine if they would terminate the lease now. Any thoughts?
  • kyfdxkyfdx Moderator Posts: 197,384
    angelmcd said:

    I will be over in mileage at lease end. I was literally in the middle of working with the dealership to purchase the car off lease when this debacle took place. Now I don't want to buy the car for the obvious reasons but also don't want to get stuck with a massive overage charge. Right now I would owe them 3K in overage, which would be fine if they would terminate the lease now. Any thoughts?

    Ask the dealership to step up and purchase the car from you, since they screwed up and trashed your engine.

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