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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3285
Experience:  30 years of experience
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I am driving a leased 2015 VW Passat 6 cyl gasoline engine

Customer Question

I am driving a leased 2015 VW Passat 6 cyl gasoline engine vehicle. I am upset that I now am associated with a manufacturer that is caught in the midst of an admitted worldwide emissions cheating scandal. I suspect the trade-in and resale values of my vehicle have been impacted negatively by the aforementioned. Do I have any legal recourse such as termination of lease without penalty or monetary settlement?
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes, you do have remedies that are or will be available to you on the basis of fraud. It is difficult to predict how this is all going to shake out because of how large the issue is. Already there are class action lawsuits in the works regarding this scandal. See this link for example:

http://www.triplepundit.com/2015/10/vw-emissions-scandal-class-action-lawsuits/

You can also expect the federal government to involve itself in this mess.

But there is no reason why you need to wait on these third parties to pursue your own remedies. The first step is to contact the dealership and ask them what they are willing to do to remedy your situation. If they give you a song and dance then the best way to proceed is to contact a consumer protection attorney who can represent you in your claim. Clearly VW engaged in a massive fraud. BUT getting the necessary evidence before a local court is going to take a bit of doing. It isn't as simple as going to court and say look at the news reports.

This link summarizes the elements of Fraud (and related claims) under Utah law:

https://www.utcourts.gov/resources/muji/inc_list.asp?action=showRule&id=18

It is also a good check list if you are going to do this without counsel.

This case describes the elements of Fraud in Utah:

http://caselaw.findlaw.com/ut-court-of-appeals/1025787.html

The following link describes how to write a demand letter. A demand letter is the first step in any case and it describes what your issues are and what remedy you want. You would send this letter to both the dealer as well as VW America.

http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter6-4.html

The above will give you a good start in researching your remedies. I can not emphasize enough the benefit of local counsel

You can find a consumer protection attorney here:

http://lawyers.findlaw.com/lawyer/practicestate/consumer-protection/utah

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.