Need reference: Good Atty. east-coast lemon-buyback/ replacement (repeat SRS malf.)
#1
Super Member
Thread Starter
Join Date: Sep 2004
Location: Virginia
Posts: 551
Likes: 0
Received 2 Likes
on
2 Posts
2005 Carlsson CD32 E320 CDI Inline-6
Need reference: Good Atty. east-coast lemon-buyback/ replacement (repeat SRS malf.)
My SRS lamp came on for second time. First time was when car was newer.
I'm at 16,000 miles. In Virginia, I think (not positive) the law reads generally that if something that impairs the use or safety of the car happens 3 times under warranty its eligible under the lemon law.
Long and short of it, I just can't imagine this car going 50,000 miles or 4 years without another occurance.
Sooner is better so if replacement is in order it will be the I6 and not V6 engine.
Ken
I'm at 16,000 miles. In Virginia, I think (not positive) the law reads generally that if something that impairs the use or safety of the car happens 3 times under warranty its eligible under the lemon law.
Long and short of it, I just can't imagine this car going 50,000 miles or 4 years without another occurance.
Sooner is better so if replacement is in order it will be the I6 and not V6 engine.
Ken
#2
MBWorld Fanatic!
Join Date: Dec 2003
Location: Sacramento
Posts: 1,586
Likes: 0
Received 1 Like
on
1 Post
'08 AM Vantage V8 - '03 E500
Here's your DMV's summary of the Virginia Lemon Law:
http://www.dmv.state.va.us/webdoc/ci...s/lemonlaw.asp
... and here's the text of the law:
http://leg1.state.va.us/cgi-bin/legp...17000030000000
Not being a Virginia lawyer and lacking sufficient facts, I won't speculate whether or not your car presently comes within the scope of the Virginia Lemon Law. You're right about the "sooner is better" part, though. You have only 18 months from delivery of a new car to act under your Lemon Law.
Here's a link to the Virginia State Bar's lawyer referral service:
http://www.vsb.org/vlrs.html
http://www.dmv.state.va.us/webdoc/ci...s/lemonlaw.asp
... and here's the text of the law:
http://leg1.state.va.us/cgi-bin/legp...17000030000000
Not being a Virginia lawyer and lacking sufficient facts, I won't speculate whether or not your car presently comes within the scope of the Virginia Lemon Law. You're right about the "sooner is better" part, though. You have only 18 months from delivery of a new car to act under your Lemon Law.
Here's a link to the Virginia State Bar's lawyer referral service:
http://www.vsb.org/vlrs.html
Last edited by DWP; 01-23-2006 at 11:03 PM.
#3
Super Member
Thread Starter
Join Date: Sep 2004
Location: Virginia
Posts: 551
Likes: 0
Received 2 Likes
on
2 Posts
2005 Carlsson CD32 E320 CDI Inline-6
Dwp
Thank you for your time.
I read the law, too. I'm crystal clear now about the 18 months.
The law also states:
B. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any warranty and that the motor vehicle is significantly impaired if during the period of eighteen months following the date of original delivery of the motor vehicle to the consumer either:
1. The same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist;
2. The nonconformity is a serious safety defect and has been subject to repair one or more times by the manufacturer, its agent or its authorized dealer and the same nonconformity continues to exist.
SRS, or airbags and seatbelt tensioning, should qualify as #2 above, so only one or more incidents is necessary.
Car was delivered Sept 2004.
I think Moss-Magnusun may extend for the entire warranty period but also gives the Mfr. more chances than the Virginia state code.
Ken
PS... MB deserves to have their *** handed to them. This SRS nonsense has been present in W211 since new. Poor saps out of warranty pay through the nose for repairs. Combine fauly SRS with an SBC malfunction and you have a recipe for death.
What a shame. Overall I really love the CDI and would hate to be without it.
I read the law, too. I'm crystal clear now about the 18 months.
The law also states:
B. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any warranty and that the motor vehicle is significantly impaired if during the period of eighteen months following the date of original delivery of the motor vehicle to the consumer either:
1. The same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist;
2. The nonconformity is a serious safety defect and has been subject to repair one or more times by the manufacturer, its agent or its authorized dealer and the same nonconformity continues to exist.
SRS, or airbags and seatbelt tensioning, should qualify as #2 above, so only one or more incidents is necessary.
Car was delivered Sept 2004.
I think Moss-Magnusun may extend for the entire warranty period but also gives the Mfr. more chances than the Virginia state code.
Ken
PS... MB deserves to have their *** handed to them. This SRS nonsense has been present in W211 since new. Poor saps out of warranty pay through the nose for repairs. Combine fauly SRS with an SBC malfunction and you have a recipe for death.
What a shame. Overall I really love the CDI and would hate to be without it.
Last edited by cdiken; 01-23-2006 at 11:31 PM.
#4
MBWorld Fanatic!
Join Date: Apr 2004
Location: Valley of the Sun, Arizona
Posts: 1,794
Likes: 0
Received 3 Likes
on
2 Posts
2011 E550, 2013 GLK
Originally Posted by cdiken
My SRS lamp came on for second time. First time was when car was newer.
I'm at 16,000 miles. In Virginia, I think (not positive) the law reads generally that if something that impairs the use or safety of the car happens 3 times under warranty its eligible under the lemon law.
Long and short of it, I just can't imagine this car going 50,000 miles or 4 years without another occurance.
Sooner is better so if replacement is in order it will be the I6 and not V6 engine.
Ken
I'm at 16,000 miles. In Virginia, I think (not positive) the law reads generally that if something that impairs the use or safety of the car happens 3 times under warranty its eligible under the lemon law.
Long and short of it, I just can't imagine this car going 50,000 miles or 4 years without another occurance.
Sooner is better so if replacement is in order it will be the I6 and not V6 engine.
Ken
#6
Super Member
Thread Starter
Join Date: Sep 2004
Location: Virginia
Posts: 551
Likes: 0
Received 2 Likes
on
2 Posts
2005 Carlsson CD32 E320 CDI Inline-6
BudC
The wheel sensor was a separate issue. That condition caused "ESP" and "ABS" to be displayed, and was a handled during a different visit.
The prior "SRS" malfunction was something in the steering column, maybe a clockspring or wiring harness, not sure, have to dig up the papers.
SRS malfunction is safety related, in my opinion, because when that lamp is on it means the airbags will not operate, among other things. Airbags are a safety system. Use of the vehicle is impaired by a failed safety system. This is why I think its lawyer time. I'm busy and a good lawyer could be effective in addressing this issue in terms of safety concerns.
The prior "SRS" malfunction was something in the steering column, maybe a clockspring or wiring harness, not sure, have to dig up the papers.
SRS malfunction is safety related, in my opinion, because when that lamp is on it means the airbags will not operate, among other things. Airbags are a safety system. Use of the vehicle is impaired by a failed safety system. This is why I think its lawyer time. I'm busy and a good lawyer could be effective in addressing this issue in terms of safety concerns.
#7
MBWorld Fanatic!
Join Date: Dec 2003
Location: Sacramento
Posts: 1,586
Likes: 0
Received 1 Like
on
1 Post
'08 AM Vantage V8 - '03 E500
Originally Posted by cdiken
The wheel sensor was a separate issue. That condition caused "ESP" and "ABS" to be displayed, and was a handled during a different visit.
On 12/27 our car came up with "ESP Malfunction", "ABS Malfunction", and "BAS Malfunction" messages, due to a bad rear wheel-speed sensor. Our car was in the shop for two weeks while the part winged its way from Germany; the dealer said it got hung up for a while in customs.
Trending Topics
#8
Out Of Control!!
Join Date: Jul 2003
Location: North Scottsdale, AZ
Posts: 15,903
Received 4,435 Likes
on
3,152 Posts
'71 Pinto
Originally Posted by cdiken
The prior "SRS" malfunction was something in the steering column, maybe a clockspring or wiring harness, not sure, have to dig up the papers.
I am not certain if, in fact, an actual safety problem exists. Might only be the resistance value that is causing the fault code and the SRS remains in tact. Don’t know for sure though, only an assumption. Personally, I would discuss this with the MBUSA SPOM before lawyering up. But that’s your call. Let me know if you need a copy for supportive documentation.
#9
Super Member
Thread Starter
Join Date: Sep 2004
Location: Virginia
Posts: 551
Likes: 0
Received 2 Likes
on
2 Posts
2005 Carlsson CD32 E320 CDI Inline-6
Dwp
Yes it was a speed sensor, RIGHT-FRONT.
Part was available regionally only took a few days.
This condition also caused the steering to be heavy due to less assist at slower speeds.
This SRS thing is just not acceptable. I went through some old MBWORLD posts back to 2002 when W211 came out. Lots of SRS issues then. Some MBWORLD users assumed it was because the car was a new model. It's not a new model anymore, and the same issues continue to torment many owners. Many are now out of warranty and spend big bucks to feed the beeyachtch that screwed them in the first place. If so many of us here have electronic problems, imagine how many more are out there who never heard of MBWORLD.
Service managers give a customer the deer in the headlights look and act like they never saw this "unique" problem before. It must be part of their training.
I hope (and am willing to work toward) a class-action against this tort on so many MB owners.
But most of all I just want a car that is safe and does not have to go in for electronic problems more often than oil changes, and will have a resale value and ownership cost not compromised by excessive defects. I think I just defined Lexus. HEY LEXUS WE WANT DIESELS!
KONIG....Thanks. What is SPOM? I don't really want to lawyer up but boy is this frustrating. I can feel the weight and pain of all who have gone through these quality issues, and don't wish it upon anyone. I definitely think its time for MB to feel the heat. Why should I take up their slack? MB's are complicated cars, but many systems (like SRS) with high failure rates are common in Kia's and Hyundai's, where they perform flawlessly.
It would be better for MB to get burned now than continue down the road of GM and Ford. Look at all their people being sent home. All the crap they have polluted the streets with is now biting them in the ***. Hopefully that bite is like a Pit Bull that won't let go, they deserve it!
Part was available regionally only took a few days.
This condition also caused the steering to be heavy due to less assist at slower speeds.
This SRS thing is just not acceptable. I went through some old MBWORLD posts back to 2002 when W211 came out. Lots of SRS issues then. Some MBWORLD users assumed it was because the car was a new model. It's not a new model anymore, and the same issues continue to torment many owners. Many are now out of warranty and spend big bucks to feed the beeyachtch that screwed them in the first place. If so many of us here have electronic problems, imagine how many more are out there who never heard of MBWORLD.
Service managers give a customer the deer in the headlights look and act like they never saw this "unique" problem before. It must be part of their training.
I hope (and am willing to work toward) a class-action against this tort on so many MB owners.
But most of all I just want a car that is safe and does not have to go in for electronic problems more often than oil changes, and will have a resale value and ownership cost not compromised by excessive defects. I think I just defined Lexus. HEY LEXUS WE WANT DIESELS!
KONIG....Thanks. What is SPOM? I don't really want to lawyer up but boy is this frustrating. I can feel the weight and pain of all who have gone through these quality issues, and don't wish it upon anyone. I definitely think its time for MB to feel the heat. Why should I take up their slack? MB's are complicated cars, but many systems (like SRS) with high failure rates are common in Kia's and Hyundai's, where they perform flawlessly.
It would be better for MB to get burned now than continue down the road of GM and Ford. Look at all their people being sent home. All the crap they have polluted the streets with is now biting them in the ***. Hopefully that bite is like a Pit Bull that won't let go, they deserve it!
Last edited by cdiken; 01-24-2006 at 01:50 PM.
#10
MBWorld Fanatic!
Join Date: Nov 2001
Location: Philadelphia area
Posts: 4,260
Likes: 0
Received 4 Likes
on
3 Posts
2010 ML550, 2010 E350 4M, 1966 Corvette Convt C2
Personally I think you are being a bit too litigous. Why not just have it fixed. My 05 has never had this problem in over a year of ownership.
#11
Out Of Control!!
Join Date: Jul 2003
Location: North Scottsdale, AZ
Posts: 15,903
Received 4,435 Likes
on
3,152 Posts
'71 Pinto
Originally Posted by cdiken
What is SPOM?
#12
MBWorld Fanatic!
Join Date: Jun 2005
Location: FL410
Posts: 4,968
Likes: 0
Received 1 Like
on
1 Post
'05 E320 CDI, '08 BMW X5 4.8i, '11 Duramax 2500HD
Would hate to see you finally get the buy back agreed to when all that's available is the V6.. I would make them go over the SRS with a fine pick comb, and with you watched over them, and check all components.
#13
Super Member
Thread Starter
Join Date: Sep 2004
Location: Virginia
Posts: 551
Likes: 0
Received 2 Likes
on
2 Posts
2005 Carlsson CD32 E320 CDI Inline-6
CE750....agreed
Definitely don't want a V6, just want my car right. Besides, replacing the car would likely bring whatever bugs the new car has. As far as me watching over them, I don't think that would help since I don't know what to watch for. I don't think you mean that literally, but even reading the work orders, etc, its greek to me. I have personally rebuilt engines and automatic transmissions on my older stuff, but without diagnostics and training on MB, I'm useless.
This car is getting to be like a terrorist, you don't know when or where it will strike; only that it will. I have yet to go over 5,000 miles without electronic problems.
Owning out of warranty could be very costly. Extended warranties are big bucks (for obvious reasons).
What sucks most is that no comparable (other brand) car is currently sold in the US. By that I mean a REAL car with rear or all wheel drive, and a diesel engine. The BMW 535d compares well but is not sold here. I just don't know what I would drive to get my diesel fix and still handle well (read: not a truck, SUV or anything with a high center of gravity, I have enough of SUV's in my personal motor-pool).
This car is getting to be like a terrorist, you don't know when or where it will strike; only that it will. I have yet to go over 5,000 miles without electronic problems.
Owning out of warranty could be very costly. Extended warranties are big bucks (for obvious reasons).
What sucks most is that no comparable (other brand) car is currently sold in the US. By that I mean a REAL car with rear or all wheel drive, and a diesel engine. The BMW 535d compares well but is not sold here. I just don't know what I would drive to get my diesel fix and still handle well (read: not a truck, SUV or anything with a high center of gravity, I have enough of SUV's in my personal motor-pool).
Last edited by cdiken; 01-24-2006 at 09:56 PM.
#15
Guest
Posts: n/a
CDIKEN does your SRS light flash randomly? I have had a simliar problem on my CDI, but it happens at odd times and the dealer cannot ever replicate the problem. I have had similar problems in my older Mercedes' 560SL SL500 and an E300 with the SRS light staying on. On the E300 the dealer told me that it was because there was a book on the seat and the car thought it was a child.
#16
Super Member
Join Date: Dec 2003
Location: ct
Posts: 522
Likes: 0
Received 2 Likes
on
2 Posts
All Diesel Fleet !1983 240d stick,2005 E320 CDI Midnight blue, 2005 E320 CDI, Desert Silver, Kubota
Check the dealer's hands
If the service rep tells you something that is obviously wrong and stupid, look for his hands. If he is holding them behind his back, then his fingers are crossed and he is actually telling you a fib!!!!
#17
Super Member
Join Date: May 2004
Location: USA
Posts: 755
Likes: 0
Received 2 Likes
on
2 Posts
LS7 powered Corvette
The new bulletin is a sure fix for the SRS malfunction you experience....
My E has been trouble free for 5600 miles now. No ESP malfunction, no SRS, no SBC failure, no harsh shifting......... a few times the right front window has hit the obstruction sensor when closing. Thats it.
My E has been trouble free for 5600 miles now. No ESP malfunction, no SRS, no SBC failure, no harsh shifting......... a few times the right front window has hit the obstruction sensor when closing. Thats it.
#18
Super Member
Thread Starter
Join Date: Sep 2004
Location: Virginia
Posts: 551
Likes: 0
Received 2 Likes
on
2 Posts
2005 Carlsson CD32 E320 CDI Inline-6
Thank you everyone....
I've calmed down and am, for now, not going to pursue replacement. But I'm still very concerned as I hope to run this car up to 150,000 miles at least before selling. At a rate of 1 SRS fault every 5,000 miles, that would be 30 incidents, 20 or more out of warranty....yikes.
The SRS stays illuminated constantly, for a few days now. The dealer will look at it Tuesday and claims its probably "just a reset." Hmmmm.
The SRS stays illuminated constantly, for a few days now. The dealer will look at it Tuesday and claims its probably "just a reset." Hmmmm.
#19
MBWorld Fanatic!
Join Date: Apr 2004
Location: Valley of the Sun, Arizona
Posts: 1,794
Likes: 0
Received 3 Likes
on
2 Posts
2011 E550, 2013 GLK
Originally Posted by cdiken
I've calmed down and am, for now, not going to pursue replacement. But I'm still very concerned as I hope to run this car up to 150,000 miles at least before selling. At a rate of 1 SRS fault every 5,000 miles, that would be 30 incidents, 20 or more out of warranty....yikes.
The SRS stays illuminated constantly, for a few days now. The dealer will look at it Tuesday and claims its probably "just a reset." Hmmmm.
The SRS stays illuminated constantly, for a few days now. The dealer will look at it Tuesday and claims its probably "just a reset." Hmmmm.
Also make sure they've installed any voltage related fixes
#21
Out Of Control!!
Join Date: Jul 2003
Location: North Scottsdale, AZ
Posts: 15,903
Received 4,435 Likes
on
3,152 Posts
'71 Pinto
Originally Posted by Vardar
Where is this bulletin please?