CLS63AMGGUY

In regards to previous post: [ https://mbworld.org/forums/c219/185299-third-time-transmission-prob-help.html ]


I have two important questions for you guys...

1) I asked the Dealer, who basically is the 'go-between' for the Manufacturer, for restitution for all the trouble and inconvenience...they brought up the "Usage" term I have read about on the NC Attorney General's site in regards to NC Lemon Law (saying that I owe them $$$ for the mileage I put on the car). But the law states that I only have to pay the "Usage" if I ask for a refund, not a replacement...so I am wondering...are trying to play me???

2) I have learned about the law a bit and I believe there are two options typically taken...(I) Exchange of collateral or (II) Start a whole new lease. I am figuring that I would definitely want to go with #1...any ideas on this???

If any of you have any experience with this...please give me some advice!!!

juicee63

This is a State by State process. Good news is the manufacturer will take most of the work out of your hands. You should also be in direct contact with the manufacturer or "arbitrator" assigned. From what you have posted here on the tranny issues some restitution is due you. You will be in a negotiation with the arbitrator and likely agreed to this in your initial paper work in your lease. If they determine the vehicle is a lemon then they will take it back take the loss and let you out of the lease. At this point you would negotiate a new lease with the dealer and or another dealer. I think if you just walked away from MB there may be a "usage fee" but you have also made payments etc so this "usage" is covered under your payment. It is not up to the Dealer to negotiate with you it will be 3 parties and 90% of your communication should be directly with Mercedes Benz. They will take the car back, take the loss and sell the car with a new extended warranty once the problem is resolved. In California this would be how it would go. 1. 3 visits for same or similar problem, % of days in shop. 2. Determine if the problem can be resolved. 3. Offer of compensatory damages through a mediator. The Dealer and or Bank should allign with you in this process as to get MB to take the hit on the car and for you to remain in a MB lease. As long as the car has been titled "lemon" you will be able to work through this smoothly. If not you will have to litigate this issue and claim damages in your State Court. Good Luck

CLS63AMGGUY

thanks! I'll let you know how it goes...I meet with the Mercedes Rep on Tuesday.