SonnyakaPig

I purchased a CPO C63 in August of 2010. I went down one weekend and test drove the car. I told the dealership at the time that I would be attempting to trade in my then current car.

It was disclosed to me by the salesman that the rear bumper of the car had sustained some minor damage and that it would be repainted and refinished within the coming week so that when I returned the next weekend (7 days later from the date of test drive) the paint job would be complete as promised.

I returned in good faith the following week. The car that I was trading in was clean as promised. They accepted the trade.

I decided to purchase the C63.

To my disappointment, the rear bumper was not completely finished. The paint looked like black spray paint and it was not even buffed out and finished.

My salesman apologized for not completing the paint job as promised and told me that it was just a one-day job to complete and that when I had time (when it was convenient for me) I could return with my car and receive the promised paint job.

Here are a few other relevant facts. I live over 2 hours away from the dealership. To travel to and from the dealership is pretty much an all-day event and it requires me to miss work, as that paint job was only available (as told to me) on Thursdays and Fridays (i.e., the days that the paint man comes to the dealership and performs work).

I did not get the promise to have my car painted in writing. But, I received a host of promises that apparently are not going to be honored by the dealership.

Another important fact to display how unprofessional and inconsiderate this particular dealership is, is the fact that my car was sold to me with the wrong owners manual.

My car was sold to me -- by mistake -- with a CLK 63 owners manual. It took over 2 months, maybe 3 months just to receive the owners manual from them. I waited patiently for the manual and I had to remind the dealership numerous times.

At all times following the purchase of my car I was treated with utter disrespect and impatience.

I know what is right. But, I also know I should have gotten this promise in writing. I believe I had it in my emails but I must have erased it.

In the end, I don't care very much about my ugly bumper, as this car more than makes up for the bad paint in the rear, but I cannot stand mean people. And this dealership is being quite nefarious in their actions toward me.

Please offer me constructive feedback. As this unfolds, depending on the treatment I receive from this dealership, I will make their name public and I may pursue legal remedies.

This dealership promised me that the real joy in their profession is extending post-sale service to their customers.

Thoughts?

I know legally I probably would have to have the promise in writing as most standard car sale contracts probably have merger/integration clauses that prevent oral promises made prior to the written contract from becoming part of the contract. But, with relevant admissions as to the legitimacy of the oral promises, the merger/integration clauses may be overcome.

Even Money

Call ZephyrAMG, he'll come down w/ a can of whoop ***.

After that, give 'em one last chance to fix everything, with reimbursements for your time wasted, or you're gonna report them to MBUSA and post their name here.

_AMG_

Sorry to hear about that man, very unprofessional of that dealership.
I agree with Even Money give them one last chance to paint the bumper accordingly....or else!!

SonnyakaPig

Thanks, guys, for the support and for the good advice. I agree, I will give them every opportunity to follow through with their promise.

Here's a bit more information: The salesman who sold me the car was let go several months ago. But, I just spoke with him on the phone and he absolutely remembers the promise to finish the paint job and he believes the dealership should remember this as well.

He said he would do what he could for me but he also recommended that I give the dealership every opportunity to make good on the promise.

He also said he knows the paint guy and if need be, the painter who did the initial work on the rear bumper -- but didn't finish the job -- could look at the car and offer me his opinion.

So, we shall see. It's really not the biggest deal, but it matters to me how I was treated.

And for the life of me, I don't understand why the dealership wouldn't want to try to keep me as a customer.

MNL ICE

I know one time, one of the dealership treated one of our fellow Volkswagen enthusiast really bad... You know theres gazillion VW members, so what they did is had a VW meet in front of that dealership and put a posters/banners on their cars that says this dealership will treat you bad or something like that...they lost a lot of customers that day!!!

SonnyakaPig

Btw, I have a 4-page letter that I've thought about sending to MBUSA concerning the treatment I received in trying to get the correct owners manual that's been sitting on my desk for several months. Depending on how this all turns out, I may send it to them and I may post relevant portions in this thread.

1Lop2K5C

I say your chance is quite slim since it was 8/2010. You didnt have it in writting that they would repair it for you. Also, dont trust car salesman, he probably saying that to smooth you over so you would bother him on the phone again. If it was a CPO, look at your CPO document, in the note section should state that they repainted your rear bumper and you could go back and try to catch on them on the fact that the bumper is not up to Mercedes CPO standard. If nothing is there, then you might have a tough time getting them to repair as they already have your money.

SonnyakaPig

I guess the bug to show that dealership what's up had no problem spreading among the VW enthusiasts. sorry, bad joke. haha

park423

Are you concerned how the rear bumper was damaged in the first place, was there an accident with the prior owner?

Based on your knowledge of contracts, it sounds like you're an attorney (as am I) and well frankly should have known better and gotten the repair order in writing as oral promises/contracts are hard to prove. As they say, easier to catch flies with honey than vinegar, as long as the car is mechanically sound and only a cosmetic issue, I would try being very nice to the GM so they will feel bad and try to accommodate you (I've also had issues with dealer corrections after closing the deal). Nevertheless, I'm quite curious as to which dealer this is as I was looking for a used C63 around the same time you bought your car and I believe you are in SoCal.

SonnyakaPig

That's very reasonable. I see your point.

Btw, great idea about looking into the CPO document.

SonnyakaPig

Yes, I'm an attorney. I need to brush up on the Parol Evidence rule; specifically with respect to whether a present acknowledgement of a past admission by a declarant who no longer works for an employer could serve to bring the contemporaneous oral promise which was made by the declarant when he was working for the employer out of the ambit of the Parol Evidence rule.

You're right. I should have gotten the oral promise in writing.

Am I concerned about how the rear bumper was damaged? I was when I purchased the car so I asked the salesman to disclose to me if he knew whether the car was in an accident of some kind and he assured me the car was not in an accident and that it was only minor damage to the paint. I believed him and so far I can't think of any reason why that wouldn't be correct considering my car drives fine with respect to whether it was rear ended with any substantial force.

black-clk500

Sorry to hear about your experience, Sonny.
Most dealers I've delt with are sleazy in some way.
I always have everything they promise put in writing and emails are great to keep too.
I know you didn't do this--all those law school loans and countless hours studying the law, shame on you just bustin' ya!

Unfortunately, you can't trust anyone today, unless you've done many deals and had a long relationship with them, most people's words are crap today.
I tell people straight up when doing biz, "I don't trust you because i don't trust anyone, let's put it in writing so we're all safe."
Works for me and people usually laugh and agree.

Anway, if I was you, I'd just have it painted at a local body shop and call it a day--shouldn't cost that much.
The dealer will most likely drag their feet and if they do do it, most likely it will be a crap job since it will be paid out of their pocket.
Trying to sue them or force their hand may be more time and work than it's worth.
Unless you plan to use them for service in the future and have no choice for another dealers, I would just burn their *** and call it a day.
At least you might save someone else from getting screwed.

My .02 GL

SonnyakaPig

@black-clk500,

Thanks for the helpful feedback.

You're right, all that studying and in this very real test, I didn't pass. I guess I'm still learning about dealing with people in business.

Part of me wants to avoid them like the plague because it causes me stress and just eat it and pay for the paint job. But, man, that doesn't taste good going down.

GHAZAN

IMO, ask one more time nicely if not just get it done at a good local shop and call it a day. They will do a better job than any stealer.

black-clk500

I hear ya, but if you put more time and stress into this, is it worth it?
And having a "paint guy" show up to do work doesn't sound professional or quality--no paint booth, etc.
And if you have trouble with the paint job, ie flaking paint, then what?
Go local, get a better job, have some warranty and end the drama--seems good to me.
Plus no more taking time off work to get it done, that alone is worth paying for it--get a estimate at least to see how much.

Vic55

Your possible out is the CPO document... I had a friend who bought a nice SL55 from a dealer down south. Under the CPO document all prior damage must be disclosed and repaired to (I assume) new car standards. Further, no frame damage of any kind can be allowed.

He found out subsequently that his car was in an accident and the car had frame damage. He was able to get out of the contract and have all his payments and down payment returned to him.

Now I know his situation varies from yours since IIRC the frame damage was his recourse. Maybe the incomplete/unacceptable repair will be your recourse.

I wish you never took delivery without having the bumper fixed correctly- no delivery means no contract in CA.

KCviper

All dealers are NOT created equal. Hind sight is always 20/20, but not accepting a less than 100% car would have been prudent. Emotions sometimes get the best of us....especially with these cars

I would send the letter to MBUSA and see what they have to say. GL and enjoy the car!!

SonnyakaPig

It comes down to spending money for me. I want the bumper to look like it was supposed to look, but it was never in my budget to pay for the bumper to be painted to MB standards. I would have haggled on the price if the car came "as is."

But, I still agree paying a little extra may be worth avoiding further stress and time.

Thanks for your feedback.

Thanks, Vic55. I will look into the CPO document and see what I can find out.

Regarding the delivery, this was never supposed to be an issue -- wait, don't most problems begin like this? I picked the car up as it was getting dark and I didn't think to re-inspect the car too much. Plus, I wasn't savvy enough at the time to discern the flaw in the paint.

I honestly didn't realize the rear bumper had a flawed paint job until the salesman pointed it out. And when I returned to pick up the car (after driving through traffic for over 2 hours) I looked at the paint with the salesman and he said, "oh, looks like they didn't finish the paint job." He said it still needs to be finished. Just come back when it's convenient for you."

I was already there with my car. I didn't want to drive another 300+ miles on my car that I was set to trade in. I just paid to have my trade-in car cleaned up nicely.

I never even thought about saying, "you know what, I'll come back when the paint is up to MB standards." I really don't know how things would have turned out, but yes, ultimately I did rely on their promise and expect them to follow through.

Either way, I understand your point and I really appreciate your feedback on the matter.

KCviper,

Thank you for your feedback. I will see about sending the letter. First, I will see if they will fix the paint.

But, as others have pointed out, I don't even know if they will do a great job given their present attitude.

KCviper

I would not trust them to "fix" the paint especially since the car has been sold. Seems like any leverage would have been for them to properly "fix" the bumper before you took ownership. You will get past this and enjoy the car like the rest of us!!

ZephyrAMG

Oooooh boy talk to me Goose...I have had my fair share in just 2 years. Let me start by saying that I just took my winter beater, a 2010 Xterra in to a shady Nissan Dealership here and they had me there for over an hour and claimed they changed a selenloid valve and would not provide me my paperwork upon leaving the service center.

Here comes the woopass:

I took it to another dealer, had them hoist the car up and do a thorough examination, where they determined NOTHING was replaced.

This is just an example, and here is what I did:

In order to deal with these guys with any kind of leaverage you need to:

1. Pay a visit to dealer and spend a significant amount of time discussing frustrations and how you expect things fixed. If not met on what you were hoping for you do 2 next.
2. Write a full letter to the company, MB about your terrible experience and write in detail what happened and HOW YOU EXPECT things to get fixed and you compensated.
3. You send a copy to dealership showing them you sent this letter
4. You also write a letter to the Service MANAGER and CC the General Manager/Owner of dealer
5. You wait until you hear from all parties

Now I have a case number with Nissan and they have been calling me nonstop concerned and looking into it because I accused them of unethical behavior and fraud!! I told them I want copmpensation for the hour they wasted of my Saturday. I charge $1050 an hour.

Because you lost emails and other evidence, you need to start documenting things with dates and pics. If you intend to sue, you have a time line of events with pics of evidence. Write down in quotes what was said to you and how you were treated. In essence, build your case.

USUALLY, people are reasonable and they will make better on whats bad or broken. You however need to express your aggrivation and your anger physically by rasing your voice just a tad and showing actions of someone angered. People may disagree, but if you don't act angry, THEY WONT KNOW YOU ARE ANGRY.

Propain is also another good guy with experience.

In the end, it may take a while, but if its worth it to you, you should pursue it and get satisfaction. I hate when people are taken advantage of. I own my own business and if I ever had a client upset at my work, they would walk in on a red carpet and I will see to it they are happy even if I end up loosing.

ZephyrAMG

I wouldnt demand a paint job, I would demand a new bumber painted from factory!

SonnyakaPig

Damn, that's some good advice. You really do have some experience under your belt. I wish I was 5'2" and Italian, but then I would wish I was big, just once! bing bang boom pow!

You offer some good tips. I will note them.

One of the things that bothers me so much about this experience is that the saleswoman whom I spoke with today told me before taking even 10 seconds to consider my request that unless I have the promise in writing, I'm out of luck.

Also, she introduced an arbitrary contractual standard that I know to be irrelevant at this point.

She says (paraphrasing), "you waited 8 months, your recourse has passed."

I told her that I'm an attorney and I know about contract law -- at least enough to know that there is no 8-month limit for recourse.

Without her offering to look into the matter or to take a customer-is-always-right approach, at leat until you know they're wrong, she told me I was wrong and out of luck. That is not good service.

King1984

Wow.. looks like everyone has their fair share of bad dealership.

With me, I had a bad experience as well with MB, but I will leave it until I get it somewhat resolved before I post something on here... so Stay Tuned for that.

My first bad experience was with my VW Jetta. Brand new 2006.

One day, I noticed there is a noticable gap between the roof liner and the upholsery at the C-Pillar.

I brought it into the dealership, and the service manager (note manager) looked at it and said, yes, this is under warranty and we will have to replace the whole roof liner for you.

I thought to myself, it looks like you only have to juggle a few things to make better fit, but what do I know, he is the service manager.

So I signed the papers, dropped off my car, and I took out a rental on my own cash and off I went.

2 days later, I picked up the car, this is where ***** hit the fan. The C-pillar issue was fixed, alright, but in the front, where the windshield meets the roof liner, I can fit my whole hand in side the tin-roof of the car. I told the service manager, the service manager took another 2 days to fix this issue. (Mind you, at this point I am still in the rental).

I went by the dealership again, I checked the front roof again. Because the liner is made of plastic, and since it was creased, there is a permanent crease in there. I told the service manager again, he said, that's all we could do.

At that point I was FURIOUS!!! I didn't say anything, I just moved on.

Wrote a letter to VW Canada, complained. Got a hold of the General Manager at the dealership, complained. Finally, I got the service manager to REDO the whole job.

Bottomline is, if you know you are entitled and right, don't give up. I mean you have a point, carry it thru. The guys on the floor will most likely say no, but when the guys up top turns the heat, they will make some consessions.

BTW, this whole thing took me 3-4 months to resolve from beginning to end. So be patient as well.

YYZ-E55

First off, they're going to fix it with a "back alley" paintjob - a mobile guy comes around and sprays the bumper. I'm not saying this is bad (they actually do a good job from what I've seen), but the reality is you're talking about a $300 repair MAX.

Now, if it takes you an entire day to travel to/from the dealership, and you're a lawyer, I'm going to have to assume that you're pulling in more than $37.50/hour (based on an 8 hour day), and that's not factoring in fuel, wear and tear, etc., to travel four hours round-trip to this dealership (heck, in a C 63, that's a tank of gas!). So while I understand and respect your frustration, is it really worth the hassle?

As for the CLK 63 owner's manual; I'm sorry, that's just being downright petty. A minor oversight at best, not a malicious act. Sure, they should've replaced it sooner, but come on. You can get all the info from the manual online!

Get the bumper repaired locally for around $300 and cut your losses. Attribute this as a lesson learned - inspect the car carefully before taking delivery, especially for a long-distance transaction.

black-clk500

Exactly what i was thinking.
My wife's a lawyer too and a lot of our friends are lawyers(I guess they're her friends, no one seems to like me, I still can't figure out why, I digress) not all lawyers make huge bucks (thankfully my wife is not one of them) but i have a feeling Sonny makes more than $30 bucks an hour

Keep us updated!