auditoamg

Mine too....
It also makes a peculiar "mmmmmm" sound when I give it top tier fuels....

dieseldoc

+1

H8onit

Update.. I got to go for ride with a tech to point out the sounds I was hearing. Let's just say we let it idle for 3 to 5 min listening for the sound. He confirmed he hears it too. We started off the dealer lot and we didn't even make it to the main entrance before the tech told me that they would need to keep the car

49erPV

My window sticker (build date late May 2015) showed the engine and transmission were from Germany but when I got the build specs from the .kiev site, the serial number was for a Decherd engine.

dieseldoc

Have you had issues with your engine?

49erPV

No. According to a post that was near the beginning of this thread, the engine was built after the cutoff SN.

H8onit

So it was confirmed today that the car will need a rebuild. I have contacted mbusa to see if anything could be done to get me into another car.

I reported the problem with car within the 7 days of having it and they ignored it. A rep will be calling me tomorrow to see what can be done.

Gungaslow

I would raise hell and threaten to sue them!!

removedCFGaccount

With a stronger letter to follow!

Wait for it! Wait for it....

ItalianJoe1

They're fixing the car, why would they trade you out of it? I'm sure they will give you a loaner for the time they have your car in the shop.

auditoamg

What's the cooling off period in your state? If it's 7 days, or longer than the time it took you to report and get this documented, I believe Federal Law protects you under UCC Commercial Code and Magnussen Moss. Your remedy is extended once you report the problem, until it's resolved. The cooling off period is likely included.

removedCFGaccount

The Uniform Commercial Code is state, not federal law, and each state adopted Article 2, with minor variances. Magnuson-Moss is a federal statute.

Stick to medicine, you'll get a better result.

Most state lemon laws are cumulative of article 2, but not always.

Of course, jurisdiction in a chosen forum is often concurrent.

auditoamg

Whether the law is state or federal, and apologies that I wasn't more clear, I think the point is the same. He is protected and might have a couple of avenues to pursue relief.

Thanks for reminding me about UCC versus Magnussen. It's been a long time since business law in college.

removedCFGaccount

It is a distinction with a difference, and article 2, dealing with sales of goods, is often displaced by more liberal lemon laws.

You confuse substantive and remedial law.

Yes, I had first aid in the sixties.

I don't think you know your mass from a scroll in the ground, particularly regarding Magnuson-Moss.

auditoamg

Clearly you're an attorney.
Attitude and all.
Just trying to help.
I'm out.

removedCFGaccount

Me, too. One, Article 2, is substantive, and the other remedial, which can only attach to a substantive right.

As they say in Mexico, AMF-adios, my friend.

Gungaslow

I want to be a lawyer too some day daddy!!!

removedCFGaccount

Ha, ha! Me, too. Somewhere, in the high Arctic, a polar bear....

H8onit

They are fixing it, but i reported to them that the car had a problem within the first days of having. They told me the sound was normal. Had I been notified at that time I would of been able to swap cars. Besides who really wants a car that the motor has been torn down

removedCFGaccount

I'm with you. The result is measured by the unknown skill of a mechanic.

ItalianJoe1

As one of the guys doing the work, I'd be totally fine with a car that had been fixed. As long as it's put together properly, there's really no difference, except now it has some newer parts in it.

Shoddy workmanship is always a concern, yes, but that's hardly a reason to trade out of the car.

Are you planning on keeping the car for 10 years? Then it might matter. If you will trade out of the car in 4-5 years anyway, it won't make one bit of a difference.

As far as you reporting it and them not fixing it, it was just a noise, not a safety concern, there's not a whole lot MB will do about it.

Mplayers2006

If there were two cars on a mercedes Benz lot. Both cars are relatively spec the same. You drive both cars, car A cost 100 less than car B. You soon find out car A needs a wrist pin repair from your SA, they assured you it would be fixed before you purchased the car. Which car would you pick? By your opinion above, you would probably pick car A While majority of the rest would pick car B.


His concern is justified and I hope they work with him and exchanges it for something he likes. No one wants to buy a car and find out that it has engine problems days later. That crap sucks, and it only makes you worry and question what else's is wrong or going to go wrong with this car. Also how long has this car been having this issue and how much damage has been done is another set of questions you can't help to think of. His new 30k+ car is now a worry car.

ItalianJoe1

I understand the logic, i'm just not in full agreement.

I've seen cars that needed repairs, but were overall good. I've seen cars with a quiet engine but a noisy interior, electrical gremlins, etc. That bothers me. Mechanical repairs are simple, they are done frequently and are well documented. Who I feel for, are the guys who buy new GLCs and such that have CAN bus problems that shut the entire car down randomly, and even the engineers can't figure out why. We keep replacing things and give them back, only to get the car back in the shop a couple weeks later with the same issue.

People think, "oh god, the engine is bad, that's the worst thing that could happen". The reality is, that's probably the best place to have a major issue. I would rather that, than have my entire interior removed for an evaporator leak or a body harness issue.

Clearly, if the option was a car with no problems, everyone would choose that. But it's a machine with thousands of parts, things fail, just have to deal with it as you go.

removedCFGaccount

Joe, to the guy with the problem, another guy's problems are immaterial, even if worse.

ItalianJoe1

Sadly that's true. But if you approach it logically, you can't get mad if you catch a cold, knowing there are people out there living with far more serious illnesses. Not saying we don't all hate being sick, but you gotta consider the bigger picture sometimes.