When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
I bought my 2016 AMG GTS (Edition 1) as a CPO vehicle with 6K miles on it. At the time of purchase the dealership refused to supply the vehicle's service history stating that it is for 'dealer use only'. They supplied a Carfax report that is clean of any major issues/accidents. And since the vehicle is CPO, I didn't think much of it and went ahead with the purchase.
Recently I discovered a decal attached to the front of my engine with a part number on it. Searching the part number comes up as 're-manufactured motor'. This part number was confirmed to be a 're-manufactured motor' by my local Mercedes service adviser (different dealership than where I bought the vehicle). However, he was unable to pull up historical records for the vehicle beyond the time it was service at the local dealership.
Would it be possible for a vehicle to have a re-manufactured motor qualify to be a CPO vehicle? Do I have a case against the dealership that sold me this vehicle? If it is true that the vehicle has a replaced re-manufactured motor I would have think twice before buying it.
I feel that key information was withheld from me to sway my decision. It is wrong, but is it illegal? Again, would a vehicle with a replaced motor disqualified it to be CPO?
For the attorneys in this forum, what recourse do I have?
Because it’s a GTS, I would be fairly certain the rebuilt came right from Mercedes, and not some guy plugging away in his back yard, so I wouldn’t care or be worried about it. Mercedes wants the car to work, and supplies good rebuilds/replacement units when needed.
There are a ton of 2014 Porsche GT3s running around, and everyone of them have a different motor in them they when they came down the line. Plus there’s a bunch of 2015/16 GT3s that also have rebuilt/replaced engines due to the finger follower valve train issue. All of the above with 10 year/100K mile warranty.
My point is this: you’ve got a CPO ‘insured’, MB rebuilt/replacement engine in your car and if anything breaks in the drivetrain you’re covered until
the CPO warranty expires. These aren’t ever going to be ‘Collector’s cars’ so having matching numbers for engine and chassis means nothing.
Enjoy the car; beat the snot out of it and have fun.
Caveat: think twice about an aftermarket tune or the CPO means nothing.
I wonder if it was a buy back because original owner had catostrophic engine issues.
SO MBUSA purchased back under lemon law and then reconditioned by installing new motor.
Wonder if title shows Salvage or Lemon or somthing funky.
Don’t believe it’s a state disclosure issue at all.
Question is if dealer knew of engine replacement and failed to disclose after buyer made inquiry. I believe a legal claim could be made just as you would in a diminished value action.
I don't know the legality of not disclosing this but it just seems a bit shady to me. I kinda feel that if I asked about history and service I expect to be told about a replacement engine, surly this is noted on the service records for the car?
How was the mileage stated as unless this was a replacement engine prior to the car being registered the miles on the car would be different to the miles on the engine?
Did you pay market price for the car or did you get a deep discount? How do you feel about not disclosing this if you sell to an individual? I'm sure if you traded at a Merc dealer they would run the vin and see.
Again not making any legal assumptions but just giving you my feelings.
I wonder if it was a buy back because original owner had catostrophic engine issues.
SO MBUSA purchased back under lemon law and then reconditioned by installing new motor.
Wonder if title shows Salvage or Lemon or somthing funky.
Whilst I still believe that if the OP is planing on keeping the car for a long term and driving the crap out of it he shouldn’t be overly worried about having a replacement engine, if the title shows ‘Lemon’ or ‘Buy back’, then absolutely this should have been disclosed. Also, if the car will have a diminished valuation going forward to a future purchaser or trade-in value from a dealership, then I hope the OP did NOT pay the prevailing price for a ‘pristine’ GTS.
2020 GTA; 2022 Audi e-tron GT, 2022 Ford F-150; 1926 Rolls-Royce Springfield 40/50 Playboy roadster
Remember BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996)? While the Supreme Court decision I cite began to rein in punitive damages awards, the underlying case involved a failure by BMW to disclose relevant information concerning its "new" cars -- that they had been in accidents and been repaired/repainted. That was considered fraudulent -- even in Alabama, which is not known as a state that protects its consumers.
So, I believe the OP may have a claim if full disclosure was not made. It may also be an unfair business practice.
The diminished value claim could have merit.
Ignoring how long the owner desires to own the vehicle, would insurance pay out full value or diminished value, in the case of a claim?
For the record, if a dealer won't show me VMI, I walk.
Anyone with a good relationship to their dealer should be able to pull a service history via VIN. At least the OP can simply go to another dealer. I had service histories pulled when considering cars...
Also, CPO's are only possible on clear title cars. No salvage, manufacturer buyback, lemons
The excuse of “dealer use only” is a big red flag. Service records are an absolute must for reasons we all understand. Not sure you have recourse but you can certainly try. I’m guessing that digging into the history of the motor and car would be your best avenue for gathering evidence.
The fact that you requested records and the dealer used sharp practices to conceal this information gives this case some legs from a legal standpoint. I like it, but the damages are what? If you wanted to rescind the contract it'll cost you as no attorney would take this case without a fat retainer. Nobody likes car dealers in court. But your going to spend a lot of money and time to get there. Just remember you can trade it to the dealer who sold it to you!
2020 GTA; 2022 Audi e-tron GT, 2022 Ford F-150; 1926 Rolls-Royce Springfield 40/50 Playboy roadster
Originally Posted by Jim Brady
The fact that you requested records and the dealer used sharp practices to conceal this information gives this case some legs from a legal standpoint. I like it, but the damages are what? If you wanted to rescind the contract it'll cost you as no attorney would take this case without a fat retainer. Nobody likes car dealers in court. But your going to spend a lot of money and time to get there. Just remember you can trade it to the dealer who sold it to you!
Is there a purchase and sale contract? There usually is, even if it's a cash purchase. If there is, does it have an attorney's fees provision?
I might be interested in the case if there have been damages. And I wouldn't require a "fat retainer."
The fact that you requested records and the dealer used sharp practices to conceal this information gives this case some legs from a legal standpoint. I like it, but the damages are what? If you wanted to rescind the contract it'll cost you as no attorney would take this case without a fat retainer. Nobody likes car dealers in court. But your going to spend a lot of money and time to get there. Just remember you can trade it to the dealer who sold it to you!
Jim sharp as always.
It will never make it to court as there are no $ damages, unless you spent more $$ on expert. The defense attorney would simply bleed the lawyer on his demand letter.
Sorry guys I've been away from my PC for a few days due a busy work schedule.
The conversations have been very informative. I paid $118k for the car in September of 2016, so pricing is consistent with other CPO GTS's at the time.
Any attorneys want to take this case? 😃 I'm serious.
Personally I think you are a couple years late to ask that question. Thought you just bought it. I would pull the service history for my own records but given the timing I can't see how there is diminished value. That car with a clear title will have the same value as any other Ed1 with same miles/condition, etc.
2020 Huracan EVO AWD - 2022 GLE 63 S Coupe - 2023 C63 S Coupe -
Originally Posted by Wolfman
Personally I think you are a couple years late to ask that question. Thought you just bought it. I would pull the service history for my own records but given the timing I can't see how there is diminished value. That car with a clear title will have the same value as any other Ed1 with same miles/condition, etc.
Agreed. OP should have mentioned that in the first post. That's over 2.5 years ago - coming up on three. Basically ancient history now.
04-20-2019, 01:13 PM
