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Volkswagen Toureg

Settlement:   Full refund replacement with new car
Case Type:   Lemon Law, Motor Vehicle
Case:   Andrew T. Arner v. Volkswagen of America, No. 34370
Venue:   Andrew T. Arner v. Volkswagen of America, No. 34370
Date:   September 13, 2005
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Manufacturer’s House Counsel
Facts:   The consumer leased a new 2005 Volkswagen Toureg in January 2005. The consumer received a standard warranty. Three (3) months after leasing the car, the consumer reported problems with the vehicle, in that on eight (8) different dates he brought the vehicle in for repair. Consumer states that he had transmission defects, shifting problems and engine staling and engine hesitation. The consumer brought the car the dealership to have these problems corrected over eight times within two years and for over thirty days, which exceeded the new car Lemon Law (GBL Article 11-A) threshold of four repair attempts and/or thirty days out of service during the first twenty-four months/18,000 miles. The consumer’s efforts to compel return of the vehicle were denied and he was compelled to retain counsel. Further efforts by counsel to negotiate a settlement were declined by the manufacturer’s representative, thus compelling the commencement of a Lemon Law proceeding with the New York State Attorney General’s Office. The consumer’s attorney was later successful in procuring a decision in favor of the consumer from the Arbitrator for a replacement vehicle plus full collateral for the lease payments and remaining terms and refund of all of the consumer’s Arbitration fees.
Verdict:   The consumer will return his 2005 Volkswagen Toureg, Volkswagen will replace his old lease and furnish a new lease with substitution of collateral for same remaining terms and select new 2005 Audi A6 3.2L Quattro with similar equipment (premium package, sunroof, etc.)

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