arnold0523

I need help from you please!

Since 8 months of ownership, my car has been in the shop for at least 13 times with service record. Plus several times there was no records provided, an average of 2 times a month in the shop for various warranty issues. A total of 33 days out of service. I have requested for a replacement of a new vehicle at similar value. Today MBUSA told me they declined it and offered me $329 (monthly payment, as I put a lot in down payment) to buy my satisfaction - what a joke!!! I bought the vehicle in one dealership and get it serviced at my local dealership. I am not a law person and I do not know if this car met or will meet New York Lemon Law. I don't know what I can go from here. I am trying to contact both Sales person where I bought the vehicle from and service manager where I got my car serviced. I am afraid they will not take the responsibility to help me out... Please help

The issues I encountered are listed below.
1. Wiper chatter/jump across the windshield: 6 times (with 4 records on hand) attempted fix, issue not fixed. This is one of the most annoying issues. It kept my eyes away from the road because the wipers chattered and jumped across the windshield. And sounds so incredibly awful that I had to turn it off in mild or even heavy rain. Basically, I could hardly drive in rainy days. Service technicians tried almost everything but still did not fix it. I was offered to change out windshield but I was worried it would cause/exaggerate other issues. But anyway, I will try to get it replaced..

2. Burmester speaker buzzing: 3 attempts, issue not fixed. All speakers experienced buzzing when I played talk radio (e.g. CNN) or made Bluetooth phone call. They quit fixing it and told me they opened a case with MBUSA but put down "cannot replicate problem" on paper. I do not know if the case even exists - no case number provided...

3. Windows/doors rattle: 1 attempt, issue not addressed/not verified. All windows and doors rattle like HELL when temperature cools down. The dealer didn’t try to fix because they couldn’t reproduce it or they said they couldn’t hear it. I spent 7 weeks trying to fix them myself. Did plenty of experiments, bought parts from overseas. And finally, I fixed/or reduced the noise.

4. Wind noise at speed >60 mph: 2 attempts, acoustic glasses installed and performed better, while still experienced some wind noise, I did not bother to fix them as I can live with it.

5. Brake screeching in cold temperature: 2 attempts, issue not fixed and not able to replicate (They followed a TSB I provided them). Embarrassed while I started the car in cold and my neighbors watched my Mercedes having that loud screeching. - happens the most when reversing.

6. Keyless entry malfunction – can’t unlock or lock the door: 1 attempt, issue not fixed. It occurs only a few times every month but it was a rare case so the dealer could not repeat it while it’s in the shop. There's no code in my car and they told me my car had the latest software update - issue not verified so no fix. - I don't care, it's minor.

7. Gas pump shut off when fueling: 2 attempts, issue not fixed. I experienced this 30% of chance when I fueled. Again, this could not be reproduced in the shop. - I don't care, it's minor.

8. Door alignment adjustment: 2 attempts, fixed. - I don't care, it's minor.

9. Wind shield fluid sprayer broken at the time of delivery: fixed.

10. AC whooshing noise at max speed: 1 attempt, not fixed and no available fix. - I don't care, it's minor.

11. Misaligned rear bumper: didn’t bother to fix. - I don't care, it's minor.

For some issues, I stopped going to the dealer because they did their best and there was nothing else they could do to fix the issues. And I felt embarrassed visiting them for so many issues – I had met all service advisers and everyone in the service department knew me. The wiper chatter, Burmester buzzing, brake screeching, windows rattles etc., which embarrassed me while my friends or family were sitting in my brand new Mercedes, experiencing the issues the a Honda Civic wouldn’t have.

But to think again about those issues. I was still able to drive the car, no safety issues. However, it is mostly inconvenience I had about taking the car to the shop. Most issues are minor - probably that's why MBUSA did not think my car qualifies buyback/replacement. Honestly, I don't know if it was right for me to ask for a replacement.

I am still enjoying this car even I had to bring it to the shop so many times for various issues. So at least for now, I am not in a hurry to get rid of this car. I just need you guys to help me out what should I do about this case - live with it and keep fixing it or keep asking for a replacement? Thank you very much!

ManiacGT

IMHO I think these issues are minor and to seek an entirely new car is overkill.

Have them address the issues to your satisfaction, I did and I'm happy with the result.

z28lt1

I feel bad you have had all those problems, and MB isn't inclined to help. That said, warranty and law is all you can force them to do.

I believe New York requires 4 attempts at a single repair, or 30 days not derivable (all repairs). The problem must be of significant impact to the vehicle owner. Your wipers may or may not qualify you.

That said, advice from internet people like me is worth what you paid for it. If you want to do more than ask MB nicely, you'll probably want a lawyer that knows lemon law in your state.

Perhaps see if your dealer can help you out and advocate a low cost trade in to another one.

arnold0523

Ok thanks! The thing is they could not fix them and keep saying "there's nothing we can do at this point". I heard someone got his car replaced in UK because of the rattles from windows, which I constantly had on my car, and plus the same annoying wiper chatter issue they couldn't fix.

arnold0523

Yes that's what I am wondering, these issues may not be significant enough. Wiper alone, will make me hate this car so bad every time it wipes.. Other than that, I think I can live with all other issues haha.

"30 days not drivable" does not include the days I took the vehicle back on the same day (not leaving overnight in the shop), right? The service department told MB my car was out of service for 32 days. But it was actually 22 days in the shop overnight.

StanNH

Just so you know, I had two of your issues with my new, replacement C300. The Keyless Go often did not recognize either fob for entry, and the fuel filler often cut out before the car could be filled.

My dealer, who is very good, found a software update for a Keyless Go communication issue, applied it, and the problem never occurred again.

For the fuel problem, the dealer proactively replaced the fuel filler vent valve, which apparently has been sticking on some cars. That completely resolved that issue.

Your issues are not huge, but they sure can get infuriating if not addressed properly. You need to find a new dealer who has a service tech who knows what he's doing.

A Lemon Law case, at this point, will depend on time out of service. If you've accumulated 30 total business days out of service, you have a case. If the dealer failed to correct a warranty issue after three attempts, you have a case. The 30 days might be your best bet since none of the defects are safety related, nor have they resulted in you being stranded by the car.

arnold0523

Stan, I followed your posts about keyless entry and fuel issue. I showed them what your dealer did to fix, but my local dealer would not do the same..

I am about 2 hours away from a second dealership...So I guess I will wait for getting closer to 30 days. The local dealer told MBUSA it had 30+ days out of service but I still did not have a good offer. I will consult attorney if they can help. thanks!

StanNH

The dealer can make or break the ownership experience; unfortunately, in your case, the dealer seems to be unable to handle your legitimate complaints in an effective manner. If time out of service has reached beyond 30 days, and your dealer says it has, you do have the basis for pursuing a Lemon Law case.

Good luck and please report back on your progress.

ManiacGT

Wiper stutter on my car settled down after a few months of use when the wiper blades bedded in. Door creaks/chatter was solved by a little PTFE spray on the rubbers. Many brands of new cars have this issue with more flex in the body due to high Aluminium use.

arnold0523

I applied rubber lubricant but only lasted several days..

They did everything on the wiper now it's time to Change the wind shield.

arnold0523

Spoke with an attorney. He said the days "out of service" include the day I drop off vehicle and took back on same day. This gave me 32 days out of service, which matches what dealer states.

6 mo. - 12 mo. to expect a settlement if I pursue lemon law. I will think about that coz it's too long, though I think i don't need to do anything.

z28lt1

Good luck with whatever you decide. I had a friend in NY state who pursued Lemon Law with another manufacturer. After a short while, the manufacturer was willing to make the process quick and easy if he would sign a non-disclosure agreement. He refused (out of principal, since the law was on his side), and once a few letters from the lawyer made its way to the manufacturer, it didn't take too long. Not sure if MB will try to make it go away quickly in some manner if you go forward with law on your side.

If you have to sign a non disclosure or something, create a post with 6 of these:

It will be our little "code" an no one will know but the two of us. And the rest of the internet.

arnold0523

Thanks so much for the info! I will do some research

Mike5215

It depends on how badly MB wants to push back. Most Lemon Law cases settle before trial. I'd think you'd be done inside 6 months.

Obviously you've still got to make payments and keep it insured. Your options if you prevail would be a refund of the purchase price less a mileage offset, or a new replacement car of equal value.

The manufacturer usually wants to give you a new car vs writing a check.

arnold0523

I would probably take a replacement car. maybe a C450 if it's possible . if it's less than 6 mo, I will give it a try.

StanNH

I'd say the debate is over at this point. You now have grounds to file for a Lemon Law case, so do it ASAP. It is very likely that MB-USA will offer a settlement before the arbitration process begins, so you may have a negotiated agreement before any official hearing takes place.

MB-USA will be responsible for the cost of your current vehicle, so you'll have to pay for any additional cost if you choose to upgrade. My own case did not qualify for Lemon Law, but it was only days away and the car was supposed to go back to the dealer for yet another round of repairs. I ordered a C300 Sport that was more than my C300 base; and I paid that difference out of pocket. My C300 base was traded back to the dealer, and all but $1500 of that was covered by MB-USA and my dealer. If I held out for Lemon Law status, that $1500 would have likely also been covered, but it just wasn't worth it to me.

File now, and get the process moving. I would bet that you have a reasonable settlement offer well before this ever goes into formal Lemon Law arbitration.

arnold0523

Yes, I am trying to find an attorney online. I will keep posted. Thanks Stan.

StanNH

Keep this site handy:

http://www.ag.ny.gov/sites/default/f...n_Law_2011.pdf

According to item #32 you can file by yourself and do not need an attorney. An attorney might be less hassle, especially if all legal fees would be the responsibility of MB-USA, but you should verify that before hiring an attorney to represent you.

Good luck!

Mike5215

^This. Is NY a forced arb state? Either way, lawyer. No fee to you and they know the intricacies. Google "NY Lemon Law" and see which attorneys come up. Most guys have a case evaluation submission form for a free, no obligation review. I had a little company that built websites and submission forms and handled paid Google placement for lemon lawyers. You have a nice clean case. I'm guessing you'll find several lawyers interested in handling it for you.

AMG_BUFF

I noticed on my 450 that the end of the wiper blades stutter just a bit when the windshield is not very wet (like in a light drizzle). After driving for several hours in the rain, it looks to me like there might be some sort of substance coating the surface of the windshield. It almost appears as if it is a very thin layer of hard water scale. It increases the drag on the wipers quite a bit. I'm going to try some glass polish (several companies sell this; I get mine from Griot's Garage). I've used this in the past to remove irregularities from the windscreen and make it nice and smooth. Maybe before going for a new windshield, give the glass polish a try - it only costs about $15.

arnold0523

Believe me man, the dealer and I tried almost everything... I searched forums and applied any possible solutions just to fix this wiper issue alone.

Wiper arm replaced, wiper set replaced 4 times, angles adjustments, polish and do glass treatment many many times. Every time we tried something, the wipers chatter/jump in a different way. One time, they became whisper quiet during road trips - maybe because of the dirt in windshield. I thought it was good, so 8 months since I took delivery, the very first time I got a chance to take my finicky car to car wash other than washing at the dealership. Then the chatter came back.

Anything that's altering the friction between the wipers and the windshield will possibly cause chatter. Only at a certain ideal condition, it's quiet.

Btw, do not use RainX or any glass treatment on your windshield.
Btw, do not use RainX or any glass treatment on your windshield.
Btw, do not use RainX or any glass treatment on your windshield.