Why is MB lagging on lemon process?
#1
Member
Thread Starter
Why is MB lagging on lemon process?
So my 2016 W205 C300 has been out service for
various reasons for over 40 days.
Which is enough to qualify for a "lemon" in CA.
My lawyer wrote a letter last month and also got a confirmation from them
they got the case on 04-19-2017. So my lawyer said they HAVE to replay back
05-19-2017 but as of 05-17-2017 I haven't heard from them.
I know MB will respond in matters of days if they are willing to do the right
thing. But is MB's unresponsiveness means they won't buy the car back?
I have had so many issues... I simply don't want the car.
My family (my dad) has bought MB for decades including the 2016 S550 and I've
always liked them growing up with them. My first car W163 ML500 is still in my
garage. I have been pretty loyal to the company but disappointing
various reasons for over 40 days.
Which is enough to qualify for a "lemon" in CA.
My lawyer wrote a letter last month and also got a confirmation from them
they got the case on 04-19-2017. So my lawyer said they HAVE to replay back
05-19-2017 but as of 05-17-2017 I haven't heard from them.
I know MB will respond in matters of days if they are willing to do the right
thing. But is MB's unresponsiveness means they won't buy the car back?
I have had so many issues... I simply don't want the car.
My family (my dad) has bought MB for decades including the 2016 S550 and I've
always liked them growing up with them. My first car W163 ML500 is still in my
garage. I have been pretty loyal to the company but disappointing
#2
MBWorld Fanatic!
Have the lawyers send them another letter of intent..tell them they will have to pay your expenses for not having a usable car the longer they delay..
The following users liked this post:
fantasy521 (05-18-2017)
The following users liked this post:
fantasy521 (05-18-2017)
#4
MBWorld Fanatic!
The fact that your lawyer sent a demand letter and MB acknowledged receiving it doesn't mean MB isn't going to defend the case rather than settle.
The process of the pre suit demand and an attempt to settle without litigation normally but not always results in a pre suit settlement. Sometimes, your attorney is forced to actually try the case in civil court, and a jury (or judge) will determine if MB owes you anything and if so, what.
Most lemon law attorneys operate like a high volume mill, filing and settling cases pre suit in a continuous stream, collecting a few grand in fees and moving on. Since actually litigating cases is time consuming, expensive and risky, a lot of these guys will simply drop a case rather than try it. Occasionally the big ones will try a case thru to verdict just to send a message to the manufacturers that they're not afraid to try cases.
Contact your lawyer and ask if the demand letter he sent was a time limit demand or not. A time limit demand gives MB a fixed number of days to settle or risk a lawsuit. Without a time limit a demand letter is pretty useless.
The process of the pre suit demand and an attempt to settle without litigation normally but not always results in a pre suit settlement. Sometimes, your attorney is forced to actually try the case in civil court, and a jury (or judge) will determine if MB owes you anything and if so, what.
Most lemon law attorneys operate like a high volume mill, filing and settling cases pre suit in a continuous stream, collecting a few grand in fees and moving on. Since actually litigating cases is time consuming, expensive and risky, a lot of these guys will simply drop a case rather than try it. Occasionally the big ones will try a case thru to verdict just to send a message to the manufacturers that they're not afraid to try cases.
Contact your lawyer and ask if the demand letter he sent was a time limit demand or not. A time limit demand gives MB a fixed number of days to settle or risk a lawsuit. Without a time limit a demand letter is pretty useless.
#5
Member
Thread Starter
The fact that your lawyer sent a demand letter and MB acknowledged receiving it doesn't mean MB isn't going to defend the case rather than settle.
The process of the pre suit demand and an attempt to settle without litigation normally but not always results in a pre suit settlement. Sometimes, your attorney is forced to actually try the case in civil court, and a jury (or judge) will determine if MB owes you anything and if so, what.
Most lemon law attorneys operate like a high volume mill, filing and settling cases pre suit in a continuous stream, collecting a few grand in fees and moving on. Since actually litigating cases is time consuming, expensive and risky, a lot of these guys will simply drop a case rather than try it. Occasionally the big ones will try a case thru to verdict just to send a message to the manufacturers that they're not afraid to try cases.
Contact your lawyer and ask if the demand letter he sent was a time limit demand or not. A time limit demand gives MB a fixed number of days to settle or risk a lawsuit. Without a time limit a demand letter is pretty useless.
The process of the pre suit demand and an attempt to settle without litigation normally but not always results in a pre suit settlement. Sometimes, your attorney is forced to actually try the case in civil court, and a jury (or judge) will determine if MB owes you anything and if so, what.
Most lemon law attorneys operate like a high volume mill, filing and settling cases pre suit in a continuous stream, collecting a few grand in fees and moving on. Since actually litigating cases is time consuming, expensive and risky, a lot of these guys will simply drop a case rather than try it. Occasionally the big ones will try a case thru to verdict just to send a message to the manufacturers that they're not afraid to try cases.
Contact your lawyer and ask if the demand letter he sent was a time limit demand or not. A time limit demand gives MB a fixed number of days to settle or risk a lawsuit. Without a time limit a demand letter is pretty useless.
#7
Member
Thread Starter
They got until Monday. However I have a feeling of
getting the lemon denied. Have to do it in long hard way.
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#9
MBWorld Fanatic!
Originally Posted by fantasy521
The lawyer is a guy specializing on lemon.
They got until Monday. However I have a feeling of
getting the lemon denied. Have to do it in long hard way.
They got until Monday. However I have a feeling of
getting the lemon denied. Have to do it in long hard way.
Remedy is a buy back less a mileage offset or a replacement vehicle of equal or lesser value. Settlement usually takes 90 days from receipt of the demand if the claim isn't especially complex.
Cases taken to trial are rare. There have been some astonishingly high verdicts in lemon law cases, but also plenty of defense verdicts where the guy got nothing. Both possibilities keep everyone motivated to settle. Taking a case to trial can take many months or even years.
The fact MB didn't respond as quickly as you hoped shouldn't be considered an indication they plan on fighting it. They have a small unit of adjusters dedicated to working lemon claims and things move slowly but they do move.
#10
Member
Thread Starter
If the car meets the definition...three or more unsuccessful repair attempts for a single issue, or 30 or more total shop days (not including days when the shop is closed) for any combination of issues...that's usually sufficient to trigger the law.
Remedy is a buy back less a mileage offset or a replacement vehicle of equal or lesser value. Settlement usually takes 90 days from receipt of the demand if the claim isn't especially complex.
Cases taken to trial are rare. There have been some astonishingly high verdicts in lemon law cases, but also plenty of defense verdicts where the guy got nothing. Both possibilities keep everyone motivated to settle. Taking a case to trial can take many months or even years.
The fact MB didn't respond as quickly as you hoped shouldn't be considered an indication they plan on fighting it. They have a small unit of adjusters dedicated to working lemon claims and things move slowly but they do move.
Remedy is a buy back less a mileage offset or a replacement vehicle of equal or lesser value. Settlement usually takes 90 days from receipt of the demand if the claim isn't especially complex.
Cases taken to trial are rare. There have been some astonishingly high verdicts in lemon law cases, but also plenty of defense verdicts where the guy got nothing. Both possibilities keep everyone motivated to settle. Taking a case to trial can take many months or even years.
The fact MB didn't respond as quickly as you hoped shouldn't be considered an indication they plan on fighting it. They have a small unit of adjusters dedicated to working lemon claims and things move slowly but they do move.
But the 90 days is usually counting the 60ish days for processing after MB decides to purchase back the car. I still haven't gotten the buyback letter yet despite being almost the due date for a reply.
#12
Member
Thread Starter
Still haven't received anything from MB.
It passed the deadline on the pre-litigation.
My lawyer will start the process on Monday....
Does MB just not respond if they reject the buyback offer?
#14
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'13 Infiniti G37
Im currently going through a lemon law process with my '15 and its been a little over a year. they drag their feet cuz they are hoping you will just go away. good luck
#15
MBWorld Fanatic!
Originally Posted by swagger_jacker
Im currently going through a lemon law process with my '15 and its been a little over a year. they drag their feet cuz they are hoping you will just go away. good luck
But recently, MB has had an uncharacteristic bump with the W205 and my understanding is the new E is giving them headaches too. That said, no buy back should take a year, and it may well be your lawyer who's dragging his feet.
#16
MBWorld Fanatic!
Now this is funny.... a version of Forum Fake News....... "But recently, MB has had an uncharacteristic bump with the W205 and my understanding is the new E is giving them headaches too."
Like YES - more MB units are being sold in the US - and the C-Class and E-Class are two models with strongest unit volume - so let's twist that inside-out and report as Forum Fake News !
Like YES - more MB units are being sold in the US - and the C-Class and E-Class are two models with strongest unit volume - so let's twist that inside-out and report as Forum Fake News !
#17
MBWorld Fanatic!
Originally Posted by fabbrisd1
Now this is funny.... a version of Forum Fake News....... "But recently, MB has had an uncharacteristic bump with the W205 and my understanding is the new E is giving them headaches too."
Like YES - more MB units are being sold in the US - and the C-Class and E-Class are two models with strongest unit volume - so let's twist that inside-out and report as Forum Fake News !
Like YES - more MB units are being sold in the US - and the C-Class and E-Class are two models with strongest unit volume - so let's twist that inside-out and report as Forum Fake News !
I also saw the daily reports from the website submission requests that people completed for free case reviews. Almost entirely GM, Ford and Chrysler. Those guys made my buddy rich. There was huge volume being done between lemon lawyers and those three companies, and the companies created huge buy back divisions to deal with it. The Asian brands and the German brands did not.
The W205 had a very rough first year. It doesn't get any more serious than an engine tear down and rebuild. Seats that oozed waxy residue, multiple recalls, ill fitting door seals, squeaky roofs, etc.
Pop on over to the new E board and you'll see buy back stories for electronics that crash, unexplained vibrations, etc.
#18
Member
MBUSA just offered to repurchase mine. I'm going through buyback audit process with 3rd party. So far from start till now, it's been 35-40 days.
I have 2015 c300
I have 2015 c300
#20
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'13 Infiniti G37
#21
Member
piston cracked
transmission pump leaking 2x times
multiple times had to take it in for engine check light and they found minor issues every time.
So car spent over 50+ days at the dealer within 4-5 months. Dealer himself told me it's a lemon call mbusa and get the process started.
now after 45+ days yesterday, i was offered buyback price from 3rd party i didn't accept it yet because I had few questions but mbusa is deducting $8k for 21k miles usage. rest is coming back to me minus the tax
#23
MBWorld Fanatic!
Originally Posted by jatt143
oil pan leaked 3x times
piston cracked
transmission pump leaking 2x times
multiple times had to take it in for engine check light and they found minor issues every time.
So car spent over 50+ days at the dealer within 4-5 months. Dealer himself told me it's a lemon call mbusa and get the process started.
now after 45+ days yesterday, i was offered buyback price from 3rd party i didn't accept it yet because I had few questions but mbusa is deducting $8k for 21k miles usage. rest is coming back to me minus the tax
piston cracked
transmission pump leaking 2x times
multiple times had to take it in for engine check light and they found minor issues every time.
So car spent over 50+ days at the dealer within 4-5 months. Dealer himself told me it's a lemon call mbusa and get the process started.
now after 45+ days yesterday, i was offered buyback price from 3rd party i didn't accept it yet because I had few questions but mbusa is deducting $8k for 21k miles usage. rest is coming back to me minus the tax
#24
Member
here is the break down that 3rd party came up with and send it to MBUSA and MBUSA agreed to pay me the amount.
I paid 49,800 for the car out the door with 10k down. car had every option that you can add.