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Volkswagen Passat

Settlement:   $10,948.00
Case Type:   Lemon Law, Motor Vehicle
Case:   Delponte v. Volkswagen of America
Date:   March 20, 2013
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Manufacturer’s House Counsel
Facts:   The consumer leased a new 2011 Volkswagen Passat. The consumer received a standard warranty. It came with free maintenance / oil changes for 3 years, however it was more convenient for the consumer to pay for oil changes at a closer quick oil change shop. At about 33,000 miles and 25 months after taking delivery of the new vehicle, the engine seized and it was towed to a Volkswagen dealer. The dealer and manufacturer refused to repair the vehicle under warranty as they attempted to blame the consumer for using the wrong type of oil (non-synthetic) merely for observing an after-market (NON-OEM) oil filter and noting no oil changes at Volkswagen dealers. While the consumer was compelled to make lease and insurance payments and was threatened to be charged for approximately $6,000.00 for a replacement engine, the consumer then retained Anthony T. Ballato, Esq. to negotiate a settlement or commence a breach of warranty action.
Verdict:   5 Lease Payments Totaling $1,750.00 Car Rental $1,698.00 Legal Fees: $1,500.00 and Free replacement engine worth $6,000.00 and Early termination of lease

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