Given that there is an issue (yet to be proved), if I have paid x amount for the car, I would expect a car in that condition (brand new) as marketed or as deemed to be sold.
Analogy:
When we go out to purchase a new Toaster, we do not expect to pay for a broken/used one, brought back to new condition for the same price.
I don't think it is a matter of rectifying - there should not have been the damage on the new car to begin with, so IMHO it is a matter of principle. If the dealer cannot provide a rectification without havign to respray, then an alternative same spec/new same spec vehicle should be an option.
My parents had an issue with our VW dealer, where the sales person lost the plot after we handed over the deposit and agreed the contract for payment in full for a £28K GTI - no finance, etc. The dealer principle had to be called to resolve the situation. Upon delivery of the vehicle, we were provided one set of keys and no explanation provided as to where the second set was. Upon asking, the sales person, he said the keys were not working to open/close doors or arm/disarm the car alarm. The worst part was that the sales person and the dealer principle failed to mention the malfunctioning keys. I suggested both failure in service and also product. "No return and no money back I'm afraid" was informed to me, so I had the lawyer on the case - one notice and everything worked like clockwork.
This should not have to be this way! What has happened to a quality product, good service of 100% - not 99% or even 101% - just 100% which is what we pay for?
Having said all this, I have to say the entire product is amazing subsequent to our experiences. Dealer offered free 1st service and also free protective coating, together with a few options thrown in and a discount too.
This is one of the reasons I decided to over away from the VW marque and found solace in Bavaria. However, given that even BMW models are just not looking the part any more, I think a switch to VW is in order in the next year or two.
Just my two pence.
av