Please help.
12-26-2016, 09:43 AM
#26
Junior Member
Sorry to hear that.
It would be interesting to put a call into CARFAX to see if they would buy the car back. It would be good to know if that is a real option. Having a voided warranty our a storied car will take a hit on value and resale.
Good luck.
It would be interesting to put a call into CARFAX to see if they would buy the car back. It would be good to know if that is a real option. Having a voided warranty our a storied car will take a hit on value and resale.
Good luck.
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Harismne (12-26-2016)
12-26-2016, 08:11 PM
#27
Junior Member
Thread Starter
Okay so this is what happen;
I got my computer and printed everything about Mileage that says on NY DMV website;
I also printed purchase agreement where the Mileage was listed as 19,357
AutoCheck Report
CarFax Report (That he provided me when I bought the car)
Picture of their Advertisement where also car is listed having 19,357 Miles.
Went to the dealer and showed him everything and explained that I wanted the money back.
He said that it does not make any sense to drive the car 7k miles and just to ask for refund, I said that it makes perfect sense because I was never told about any of these problems and that I'm lucky that years did not pass by without knowing the real history of my car, and according to the DMV website I should have been informed by you what ever auction told you.
He then said "we have a paper saying that they told me that there was a problem with the odometer", which is complete lie no where I have that nor have I seen it.
I asked then to present me with the paper where the odometer was disclosed, he got up went to his Boss(happens to be his father) and I can see them on the mirror in front of me, they did not even look for paper but just spoke quietly and came back saying "We don't have it here", right there I knew they were lying.
I said that they are in clear violation of law and that they should give me money back so that there won't be any legal battle, they said no and I left.
The only thing that worries me is that they will forge my signature
Will be contacting an attorney tomorrow because everything is closed today.
I got my computer and printed everything about Mileage that says on NY DMV website;
Reported Mileage
Vehicles over 10 model years old are exempt from mileage disclosure.
For all other titled vehicles, the odometer mileage reported during the vehicle's most recent transfer of ownership is printed on the front of its New York State Certificate of Title (MV-999). If the odometer had passed its maximum reading at the time of sale, the description "EXCEEDS MECHANICAL LIMITS" will be printed below the reported mileage. If the actual mileage is unknown because the odometer is broken, or has been repaired or replaced, the front of the title will be printed with "NOT ACTUAL MILEAGE, WARNING ODOMETER DISCREPANCY."
Vehicles over 10 model years old are exempt from mileage disclosure.
For all other titled vehicles, the odometer mileage reported during the vehicle's most recent transfer of ownership is printed on the front of its New York State Certificate of Title (MV-999). If the odometer had passed its maximum reading at the time of sale, the description "EXCEEDS MECHANICAL LIMITS" will be printed below the reported mileage. If the actual mileage is unknown because the odometer is broken, or has been repaired or replaced, the front of the title will be printed with "NOT ACTUAL MILEAGE, WARNING ODOMETER DISCREPANCY."
AutoCheck Report
CarFax Report (That he provided me when I bought the car)
Picture of their Advertisement where also car is listed having 19,357 Miles.
Went to the dealer and showed him everything and explained that I wanted the money back.
He said that it does not make any sense to drive the car 7k miles and just to ask for refund, I said that it makes perfect sense because I was never told about any of these problems and that I'm lucky that years did not pass by without knowing the real history of my car, and according to the DMV website I should have been informed by you what ever auction told you.
He then said "we have a paper saying that they told me that there was a problem with the odometer", which is complete lie no where I have that nor have I seen it.
I asked then to present me with the paper where the odometer was disclosed, he got up went to his Boss(happens to be his father) and I can see them on the mirror in front of me, they did not even look for paper but just spoke quietly and came back saying "We don't have it here", right there I knew they were lying.
I said that they are in clear violation of law and that they should give me money back so that there won't be any legal battle, they said no and I left.
The only thing that worries me is that they will forge my signature
Will be contacting an attorney tomorrow because everything is closed today.
12-26-2016, 08:19 PM
#28
Junior Member
Thread Starter
Just to add this;
I asked him why did they put such miles on their website and on purchase agreement
He said: "Because i can not write words on there only numbers"
I asked him why did they put such miles on their website and on purchase agreement
He said: "Because i can not write words on there only numbers"
12-26-2016, 08:33 PM
#29
Senior Member
It sucks having to "lawyer up" to be made whole on your purchase. That said I would like to be a fly on the wall during pre-trial discovery. When the auction company that sold the car for M-B Fin. states or probably has video evidence disclosing the odometer discrepancy when the car was sold, and no warranty. It's hard to believe that the "dealer" you bought the car from is that stupid to give you a hard time unless they don't have a clue.
12-26-2016, 08:43 PM
#30
Junior Member
Thread Starter
It sucks having to "lawyer up" to be made whole on your purchase. That said I would like to be a fly on the wall during pre-trial discovery. When the auction company that sold the car for M-B Fin. states or probably has video evidence disclosing the odometer discrepancy when the car was sold, and no warranty. It's hard to believe that the "dealer" you bought the car from is that stupid to give you a hard time unless they don't have a clue.
Mercedes Benz verified this as well.
Report on carfax states that at some point "instrument cluster checked" (before auction)
Last edited by Harismne; 12-26-2016 at 08:45 PM.
12-26-2016, 09:02 PM
#31
Super Member
It is time to get a lawyer involved. Do NOT wait another day. Tell your lawyer everything and he will take care of getting signed statements from the auction house and Carfax. I would not worry about the dealership forging your name, as that would only add forgery to the existing fraud charge they face. If they are that stupid, your lawyer will just produce a handwriting expert that will invalidate the forgery. Don't forget to also contact the office of the NY STATE AG after you get the lawyer. As for previous posts from on here to contact the BBB or Consumer Protection Agency, somehow I doubt this father and son team have a great record already with either organization. They sound like the typical, old school used car salesmen. Always ready with some BS excuse to try and cover ip their shady deals.
By the way, you should not only be suing for the full return of your money, but also for your legal fees as well. The more these two con men want to drag this out, the more it will cost them.
By the way, you should not only be suing for the full return of your money, but also for your legal fees as well. The more these two con men want to drag this out, the more it will cost them.
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Harismne (12-26-2016)
12-27-2016, 09:02 AM
#33
Senior Member
Were I the dealer, I would not immediately give your money back either. They need to contact their attorney and see what their options are. We are talking a serious loss if you have driven the vehicle 7,000 miles and kept it six months. I would guess their attorney will advise them to negotiate for usage and miles driven. At this point they cannot lose anything and can only gain.
With that said, you are going to win and it is simply a matter of time. The law is clearly in your favor. If you want to tighten the "noose", contact the Better Business Bureau, the local newspaper and any other consumer advocate you can find. The more pressure you apply and the more work they are forced into, the quicker they will settle.
With that said, you are going to win and it is simply a matter of time. The law is clearly in your favor. If you want to tighten the "noose", contact the Better Business Bureau, the local newspaper and any other consumer advocate you can find. The more pressure you apply and the more work they are forced into, the quicker they will settle.
The following users liked this post:
Harismne (12-27-2016)
The following users liked this post:
Harismne (12-27-2016)
12-27-2016, 10:49 AM
#35
Junior Member
Thread Starter
Were I the dealer, I would not immediately give your money back either. They need to contact their attorney and see what their options are. We are talking a serious loss if you have driven the vehicle 7,000 miles and kept it six months. I would guess their attorney will advise them to negotiate for usage and miles driven. At this point they cannot lose anything and can only gain.
With that said, you are going to win and it is simply a matter of time. The law is clearly in your favor. If you want to tighten the "noose", contact the Better Business Bureau, the local newspaper and any other consumer advocate you can find. The more pressure you apply and the more work they are forced into, the quicker they will settle.
With that said, you are going to win and it is simply a matter of time. The law is clearly in your favor. If you want to tighten the "noose", contact the Better Business Bureau, the local newspaper and any other consumer advocate you can find. The more pressure you apply and the more work they are forced into, the quicker they will settle.
I just contacted the BBB and my attorney.
Will be dropping my paperwork to him tomorrow morning.
I'm Military and will be leaving in a few weeks so i'm not sure if that would play an issue or the lawyer can represent the case without me.
Big Thanks to every single one of you who stood by me and this amazing support!
you guys are family!
12-27-2016, 08:46 PM
#40
MBWorld Fanatic!
Thank you all for your responses, you guys are great!
So here it is what happen.
The car was personal lease, after the lease was over the car was turned over to Mercedes Benz Financial Services they then sold it at the auction.
Dealer from Long Island bought the car and I bought it from him.
My problems started after I brought the car to MB dealer who now is saying that warranty is voided because "Someone" reported that car's odometer was tampered with.
I called the Dealer who sold me the car, and told him about the experience and warranty problem and here is what he said;
Car had a Odometer problem where the odometer was replaced, and when that happened they did not know at what Mileage the odometer stopped working.
And this was announced at the auction and auction also told the buyers about the problem, the car was listed under "NOT ACTUAL MILEAGE"
NONE of this was disclosed to me when i was buying the car. NONE.
Carfax still shows that the car has no problems with anything, it's AutoCheck who reports that the Car's mileage is not correct.
The Dealer offered to buy the car from me today, when I asked about the price they said bring it in and we will see what we can do, so I will go there on Monday to see what he has in mind.
Also, I have a copy of the CarFax where the carfax guarantees to buy back the car if it had any problems with the Mileage that was not reported by them.
I have had this car for about 6 months and did not like paying interest I actually paid the car off about 2 months ago.
Not sure I believe the Dealer, Him saying that the odometer was changed and they don't know the mileage, I don't believe that Mileage is stored in odometer I think computer of the car has all that information.
Mercedes Dealer says that there is no possible way to check if the Mileage was correct.
Carfax and KBB are valuing the car at 29-31k
But no one even wants to offer even close to that because of the History of the car that AutoCheck is reporting.
I'm taking around 10-15k loss on the car.
I'm hopeful that the dealer who sold me the car would makes this right and buys the car back from me at the fair market price.
Do you guys have any suggestion? should i call carfax as well and ask about this buy back policy?
If carfax showed what AutoCheck did, i would never buy the car like that, i have not contacted attorney because i want to see if the dealer want's to make this right and takes responsibility for not disclosing all this with me before selling me the car.
Once again, Thank you all for your help and pointing me at the right direction.
Also be carefull in the futre, Here is the proof that these reporting agencys are really not reliable.
So here it is what happen.
The car was personal lease, after the lease was over the car was turned over to Mercedes Benz Financial Services they then sold it at the auction.
Dealer from Long Island bought the car and I bought it from him.
My problems started after I brought the car to MB dealer who now is saying that warranty is voided because "Someone" reported that car's odometer was tampered with.
I called the Dealer who sold me the car, and told him about the experience and warranty problem and here is what he said;
Car had a Odometer problem where the odometer was replaced, and when that happened they did not know at what Mileage the odometer stopped working.
And this was announced at the auction and auction also told the buyers about the problem, the car was listed under "NOT ACTUAL MILEAGE"
NONE of this was disclosed to me when i was buying the car. NONE.
Carfax still shows that the car has no problems with anything, it's AutoCheck who reports that the Car's mileage is not correct.
The Dealer offered to buy the car from me today, when I asked about the price they said bring it in and we will see what we can do, so I will go there on Monday to see what he has in mind.
Also, I have a copy of the CarFax where the carfax guarantees to buy back the car if it had any problems with the Mileage that was not reported by them.
I have had this car for about 6 months and did not like paying interest I actually paid the car off about 2 months ago.
Not sure I believe the Dealer, Him saying that the odometer was changed and they don't know the mileage, I don't believe that Mileage is stored in odometer I think computer of the car has all that information.
Mercedes Dealer says that there is no possible way to check if the Mileage was correct.
Carfax and KBB are valuing the car at 29-31k
But no one even wants to offer even close to that because of the History of the car that AutoCheck is reporting.
I'm taking around 10-15k loss on the car.
I'm hopeful that the dealer who sold me the car would makes this right and buys the car back from me at the fair market price.
Do you guys have any suggestion? should i call carfax as well and ask about this buy back policy?
If carfax showed what AutoCheck did, i would never buy the car like that, i have not contacted attorney because i want to see if the dealer want's to make this right and takes responsibility for not disclosing all this with me before selling me the car.
Once again, Thank you all for your help and pointing me at the right direction.
Also be carefull in the futre, Here is the proof that these reporting agencys are really not reliable.
I think the actual car mileage is stored in both engine and transmission control modules. MB dealer claiming it cannot be read is wrong.
Of course, for the mileage the car was driven with the broken odometer if it indeed was the speed / mileage sender, it cannot be know what mileage is missing from the total but as the car was and still should be under the factory warranty I would not think someone drove it a long distance before fixing it. MB voiding warranty because the odometer broke does not sound right to me. I strongly believe MB is in grey grounds with their attitude unless they know that at odometer repair a wrong lower mileage was programmed in the new odometer.
MB dealer can read from the car what the odometer should say based on what the speed / mileage sender sent to the computer.
If MB voided the warranty then I would ask the dealer who sold the car to buy it back with full cost you have paid for it. I would not give them any options than that.
Get a lawyer.
