Anyone with a Lemon Buyback experience?
04-22-2017, 01:07 PM
#1
Member
Thread Starter
Anyone with a Lemon Buyback experience?
Hi guys.
I already posted half a year a go about my car having not start and been in the dealership for 26 days. After that my car was flawless so I forgot about it and suddenly
my car had numerous of issues especially with the key and the battery. So it spent additional 14 days on the dealership. Making it total of 40 days out of service.
I'm in CA so the presumption for the Lemon is 30 days out of service.
I contacted a Lemon Lawyer in CA.
He told me I have a case and sent a Mercedes
Prelitigation letter.
So does anyone know what would happen?
My lawyer told me since my car is FIXED it might just be a cash and keep kind of a case. (I don't mind too much)
If I want a replacmenent vehicle and I'm willing to pay more for the E-class how does that process work?
Thanks
I already posted half a year a go about my car having not start and been in the dealership for 26 days. After that my car was flawless so I forgot about it and suddenly
my car had numerous of issues especially with the key and the battery. So it spent additional 14 days on the dealership. Making it total of 40 days out of service.
I'm in CA so the presumption for the Lemon is 30 days out of service.
I contacted a Lemon Lawyer in CA.
He told me I have a case and sent a Mercedes
Prelitigation letter.
So does anyone know what would happen?
My lawyer told me since my car is FIXED it might just be a cash and keep kind of a case. (I don't mind too much)
If I want a replacmenent vehicle and I'm willing to pay more for the E-class how does that process work?
Thanks
04-22-2017, 01:36 PM
#3
Member
Thread Starter
04-22-2017, 02:30 PM
#5
MBWorld Fanatic!
Generally the manufacturer pays the plaintiff's legal fees, presuming the plaintiff prevails. The common fee agreement is contingent on prevailing, otherwise no fees are owed.
The process usually takes a couple of months and most settle pre suit. A typical settlement would be a buy back and satisfaction of the loan, less an offset for mileage, or a replacement car of equal value. If you're ok with another Benz, I'd take the car. They tend to be more generous with product than they are with cash.
Once the settlement is finalized and the buy back completed, your attorney will invoice MB for his fees and costs, and it's over. Fees are usually in the 3k-5k range for a straightforward voluntary buyback. A lot of attorneys have a standing flat fee arrangement with a manufacturer on an uncontested buy back.
Even if MB disagrees with the fees, it's handled between them and the lawyer. You owe nothing.
If MB balks at a voluntary buy back and forces an actual lawsuit, all bets are off. It can take a couple of years to resolve. Fees can run into the five figure range. Manufacturers avoid suit because with an involuntary buy back the car gets slapped with a branded title, greatly reducing its value, and the legal fees can pile up quickly, on both sides.
I guess for now hang back and let the process play out. Give the lawyer breathing room. They usually have a big inventory of cases and you may hear very little until your case ripens. Figure out if you want the buy back less miles or a new Benz.
You could ask for an E, or a substantial portion of an E.
The process usually takes a couple of months and most settle pre suit. A typical settlement would be a buy back and satisfaction of the loan, less an offset for mileage, or a replacement car of equal value. If you're ok with another Benz, I'd take the car. They tend to be more generous with product than they are with cash.
Once the settlement is finalized and the buy back completed, your attorney will invoice MB for his fees and costs, and it's over. Fees are usually in the 3k-5k range for a straightforward voluntary buyback. A lot of attorneys have a standing flat fee arrangement with a manufacturer on an uncontested buy back.
Even if MB disagrees with the fees, it's handled between them and the lawyer. You owe nothing.
If MB balks at a voluntary buy back and forces an actual lawsuit, all bets are off. It can take a couple of years to resolve. Fees can run into the five figure range. Manufacturers avoid suit because with an involuntary buy back the car gets slapped with a branded title, greatly reducing its value, and the legal fees can pile up quickly, on both sides.
I guess for now hang back and let the process play out. Give the lawyer breathing room. They usually have a big inventory of cases and you may hear very little until your case ripens. Figure out if you want the buy back less miles or a new Benz.
You could ask for an E, or a substantial portion of an E.
04-22-2017, 07:14 PM
#6
Super Member
I had lemon car back in 2015. Am from Northern California. my car broke down a day after I purchase. Mercedes benz fix the car for few days then broke down again. My car was in the service for over 2 weeks so I decided to call MERCEDES BENZ USA in the east coast and reported it. In the span of 1 month they refund me my down payment plus my first monthly amortization. no Lawyer.
