jeamouse

Basic fact
I got my C300 FEB15, and the car just been diagnosed the whole engine need to be replaced

I reported engine noise from 03/15

1st dealer visit: reporting the firewall seal is broken --- Replaced but still noise
2nd visit: Dealer said its the pistons inside the engine variance issue and replace lots of thing but still hear noise.
3rd visit: They said the noise is not present
after couple wks I heard very bad rattling noise st low speed (20mph) constantly.
So 4th visit: I been told the engine need to be replaced. and I been wait for 1 month for now still no ETA of my car.

Should I wait for the repair or I should report lemon card for this one!


Blow is some threads I had for my issues

https://mbworld.org/forums/c-class-w...ine-noise.html

https://mbworld.org/forums/c-class-w...e-startup.html

StanNH

Depends on the conditions for Lemon Law that your state has. If it meets the conditions, go for it. If not, call MB-USA and see if they'll open a case and negotiate a settlement with you

Mike5215

The best part of the Federal Magnuson Moss Warranty Act, upon which your States Lemon Law is based, provides for attorney fees if you win. As a result, attorneys specializing in Mag Moss will take your case for free, collecting a fee from the manufacturer (and not a part of your settlement). If you lose, they charge nothing.

MB would prefer to voluntarily buy the car back to avoid the title being branded. Which state are you in? Some are better than others. Some require arbitration which cuts the lawyer out.

Not generally a fan of lawyers but in lemon law cases they're a no brainier. Your options will be a buyback for the sale price less a mileage offset, or a new car as a replacement.

ItchyTasty

Haters gonna hate.

Mike5215

Lawyers gonna be lawyers.

Yidney

First, do not take legal advice from someone who is not only not a lawyer, but hates them. As the post above said, lemon laws are a creature of state law, not uniform federal law. So either read your state's actual lemon law or at least thoroughly Google it. It will have specific criteria you must meet. "My engine blew up and I'm not happy about it " is not one of them. It will be a specific number of visits to the dealer lasting a certain number of days. You either meet the criteria or you you do not. If you do, do not hire a lawyer as your first choice. It will likely delay things. Rather, act like you know what you are talking about, but don't be a jerk. Threats of any kind, including "I'm going to hire a lawyer" will get you nowhere. Just tell them you meet the criteria, and you'd like them to take the car back.

Mike5215

Which is why I asked him which state he's in. Typically 30 total shop days for any combination of defects is a trigger. He's pushing that threshold. Three visits for the same defect without resolution? He's already met that condition.

I don't hate lawyers. In fact, for many years I ran the website for a group of Lemon Lawyers with members in every state. Even worse, my best friend dating back to high school is a very successful lemon lawyer in Michigan. He's a total dick, but a very effective lawyer.

Yes, the OP can approach a multi billion dollar global conglomerate like MB with his hat in his hand and a politely ask for a new car. But if he hopes to be taken seriously, he needs a lawyer. Whether he likes it or not, this will become adversarial. The lawyer is free. What's the downside? That Mercedes might be mad at him? Please. I'm not suggesting he threaten a lawyer, I'm suggesting he hire one. It's a complicated law and he's outgunned.

Or, you know, "Google it". That's a very effective legal strategy.

jeamouse

I am in California, I will give a MB-USA a call tomorrow

jeamouse

Thanks a lot for the advice, I am in california and will definitely checking the lemon law.

Mike5215

Give it a shot, although I think if they were amenable to a buy back they would have already floated that idea to you.

We like to think of MB as special and lofty, but at the end of the day, they sell cars, just like Kia and Chevy and everyone else does. They're focused on revenue and profit like any business, and that means they sometimes need a nudge to do the right thing.

Keep us posted.

PS, the website (which I launched a decade ago and haven't been affiliated with in about as long is www.lemonlawamerica.com The site bears no resemblance to the original but does still have links to Lemon Laws by state and most attorneys on the site offer a free online case evaluation. I can tell you that 90% of people who think they have a case don't, but I think you have a strong case.

CA is coming up as Krohn & Moss. That's Adam Krohn. When I left he owned the site but was licensed in Ohio only. I'm guessing all case submissions go to him and he farms them out to local firms for a cut. He's a total a-hole but he did hit some huge cases and big verdicts.
Good luck!

MASSC450

IMO...I'd be asking MBUSA for a buyback of the vehicle.

Mike5215

Agreed. This is exactly the kind of situation the lemon law was intended for. They can't keep your new car indefinitely while they try to sort out their problem. If he hasn't done so yet he'd need to start with the MB regional rep.

mikbar2

I did the lemon law deal on my last truck. Took 2 years for a settlement but they bought it back. Don't expect results overnight.

StanNH

Here's your Lemon Law summary:

Within the Song-Beverly Act, there is a presumption guideline
wherein it is presumed that a vehicle is a “lemon” if the following
criteria are met within 18 months of delivery to the buyer or
lessee or 18,000 miles on the vehicle’s odometer, whichever
comes first:
• The manufacturer or its agents have made two or more
attempts to repair a warranty problem that results in a
condition that is likely to cause death or serious bodily
injury if the vehicle is driven;
• The manufacturer or its agents have made four or more
attempts to repair the same warranty problem; or
• The vehicle has been out of service for more than 30
days (not necessarily all at the same time) while being
repaired for any number of warranty problems; or
• The problems are covered by the warranty, substantially
reduce the vehicle’s use, value, or safety to the consumer
and are not caused by abuse of the vehicle;
• If required by the warranty materials or by the owner’s
manual, the consumer has to directly notify the
manufacturer about the problem(s), preferably in writing.
The notice must be sent to the address shown in the
warranty or owner’s manual (for bullets 1 and 2).
If these criteria are met, the Lemon Law presumes that the buyer
or lessee is entitled to a replacement vehicle or a refund of the
purchase price. However, this presumption is rebuttable. The
manufacturer may show that the criteria has not been met (for
example, because the problems are minor) and therefore, the
buyer or lessee is not entitled to a replacement vehicle or refund.

MB-USA may offer an extended warranty .... assuming the car can be repaired to your satisfaction. They can also offer cash credit with the dealer. The dealer also has some funds available for customer satisfaction, so this process involves both the dealer and MB-USA. In my case, I wound up trading for a new C300, with the bulk of depreciation being picked up by them. If you actually qualify for a Lemon Law case, you'll be entitled to a replacement at no cost.

Mike5215

If required by the warranty materials or by the owner’s
manual, the consumer has to directly notify the
manufacturer about the problem(s), preferably in writing.
The notice must be sent to the address shown in the
warranty or owner’s manual (for bullets 1 and 2).

Definitely get that letter out, certified mail and return receipt requested. Might be necessary to preserve your rights under the act.

gotalemon

This is my second mercedes , first c300 2008 and I've had nothing but problems. I just replaced the ignition module and got a new key because the car wouldnt start and sterring wheel locked. 23500. three months later the car wont start again, now it says srs . Really. I dont know if i want to junk it or fix it.

srs -what is this a seat belt or air bag? Why won't the car start...based on this ?

Help!! report it as a lemon

StanNH

It can only be declared a lemon if it meets the state's conditions for the Lemon Law. You can't simply report it as a lemon because you've had some issues with the car.

I went through this all with my first C300. It never met the Lemon Law conditions for my state but, as it got closer and closer to the 30 cumulative days out of service standard, MB-USA got much more flexible in their negotiations with me.

arnold0523

Does it count as one day if I have my car in the shop and take it back on the same day? Or it has to be overnight?

StanNH

If you have the car back the same day, it typically will not count as a day out of service. Also, usually only business days count, so weekends and holidays are not included in cumulative days out of service

Mike5215

Correct. There's nobody to "report" a lemon to. Once you hit or get close to one of the thresholds, you'd contact your regional rep and ask them to buy back the car.

If they're amenable you can try to work out the terms. Usually your money back less miles and excessive wear/tear, or a new replacement car of equal value.

If they're not amenable you need the lawyer, because a Mag Moss action has to be filed in circuit court and you need a lawyer to do that. From a negotiation standpoint you as a lay person has zero leverage. Without the realistic possibility of the mfr having to defend a suit, they have no incentive beyond good will to take the car back.

Since your legal fees are zero and theirs are not, most lemon law cases settle pre suit. Once the lawyer has it, the mfr can forget about the mileage and wear and tear offsets. It'll be full refund or new car.

Remember that under Mag Moss a prevailing plaintiff gets his legal fees paid. Pre suit, that's around three grand for a case that settles quickly. But pushed to litigate, and for a case taken all the way to verdict, $20,000 to $30,000 in fees they have to pay your lawyer, in addition to whatever they do on the car, is not uncommon. That's some significant pressure to settle.

Also, if the car is a formal involuntary buy back, it then has to have a branded lemon title, reducing the resale value dramatically. More incentive.

So short version, try in good faith to reach a negotiated settlement directly. If you can't, contact a California lemon law firm for an evaluation. The OPs case is excellent. MB is not going to let it go to litigation. They'll take it back.

gfmohn

SRS is an acronym for Supplemental Restraint System (air bags, for short).

mercedesh

Can I ask you by any chance what happened with you and this car? Did you contact MB USA & if so what did they do ?

mikbar2

Call MB corporate. We did that for our C300. Took 2 or 3 weeks for a reply but they finally repurchased the vehicle 100%.

mercedesh

Thank you so much!