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Returning a 2 month old car

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Old 03-27-2017, 08:56 AM
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Returning a 2 month old car

Any input into this situation is appreciated. I hope I am being as objective as possible.

I am starting the process of undoing my purchase of a 2017 E 300 today (delivery taken on January 27th, 2017 – Two months ago). Oddly enough, my salesman at my Houston, TX dealership recommends I not talk to the manager of the dealership. He recommends I use the mBrace button in the car (which, of course, is in the shop) and have them start a ticket looking into the problems I’ve had with the car. I’m not happy with that but will go along with it, for now.

Here is a chronological order of problems (mostly electrical) since taking delivery:

I signed the papers and took delivery on January 27, 2017.

Paint - When choosing the car I noted light, large swirl scratches on the hood and trunk. I told my salesman I will not buy a car with scratched clear coat. He assured me it was not scratched, sent it to detailing and said it was fine. After first washing the large swirls returned.

Trunk Foot Movement - When doing a walk around the car, the salesman attempted to open the trunk with his foot under the bumper. It did not respond after a few attempts. I thought nothing of it, but now realized it has never worked. I can open the trunk manually and close it with a foot gesture, but not open it.

Door / Windows Sills - I noticed the two back door chrome lower windows sills had not been pushed down. With a build date of 10 months previous to this date (build date 03.2016) the seal has been open to the elements.
Homelink - The Homelink system refuses to learn my five year old Sommer garage door code. I have been successful programming my old 1999 E, my wife’s 2005 GLK, my old 2014 E and my current 2016 E loaner. I’ve spend over two hours with my 2017 E without success.

Flasher Warning - Within a few days of ownership, my dash displayed the message: “Hazard Warning. Flashers Malfunctioning.” Service says they have never seen this warning. Service first tried a software update. 2.5 weeks later the message re-appeared. A new sensor was installed. One month later the electrical malfunction has again re-appeared (third time). The car is currently in the shop to determine what to try next.
Upper Console Rattle – From the first day I had the car I had a rattle. After determining that the rattle in the upper console that controls interior lights and sunroof could not be resolved, the service department replaced the entire console.

Tire Pressure – One month into ownership, on a day that did start off cold and then warm to 61 degrees I received notification all four tires were under-inflated. The service department attributed this to a ‘cold snap’ in Houston.

Infotainment Center / Console - I asked why the infotainment console was slow and if there was a software update to address this. I was told this is ‘normal.’ I explained that it takes 2 or 3 seconds for the air conditioning system to register an increase of decrease in fan speed. Going from screen to screen with the media player is choppy and slow. Changing songs on a properly formatted USB drive with mp3 files results in the first second of the song not being played, most times.

Windshield spray - The windshield sprayer on the driver’s side is aimed over the windshield and onto the roof. Easy fix but just one more nagging problem.

Dashboard rattle - I have a new rattle in the dash above the vents and glove box.

Recalls – The first was fixed on delivery. This second one is another reason why it is in service. There is a recall for a fix of the passenger door airbag sensor.

This is the fourth Mercedes, three of which are from this dealership. None of my other vehicles have been this problematic - even after years of ownership.

I’ve lost confidence in the car and my joy of ownership has turned into frustration. All this after less than two months of taking delivery.

I would like to swap it for the same year and model. I don't want to walk away. It's this particular car that is the lemon, not the entire lot of them.

Rick In Houston, TX

Last edited by RickInHouston; 03-27-2017 at 11:11 AM.
Old 03-27-2017, 11:00 AM
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I've never had to deal with returning a car after purchase, but it does seem odd that the dealership is not assisting on this. You've been a loyal customer of theirs and they stand to lose your business if MB doesn't address your concerns. At a minimum they could try to fashion a deal to get you out of the current car and into another, unless you don't plan on getting another MB.
Old 03-27-2017, 11:39 AM
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The intermittent flasher warning and tire pressure issues could be a problem with the wiring harnesses in the car. Either cold solder joint or partially crimped wire. Very tough to troubleshoot. Given the list of problems you've outlined with the car, it is not unreasonable to want to be rid of it. What you're describing sounds like a vehicle that just wasn't assembled right in the factory and made it past whatever QC inspections MB does. MB should be willing to make you whole by providing some sort of deal to swap out the vehicle.
Old 03-27-2017, 04:23 PM
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The new E300 has numerous cosmetic and COMAND system problems on my car and the loaners I had. Some of them are similar to yours.

Originally Posted by RickInHouston
...After first washing the large swirls returned...
Unless it's a 100% hand wash process using the 2-buckets system, you'll get swirls with any other car wash system to some extends.

Originally Posted by RickInHouston
...I noticed the two back door chrome lower windows sills had not been pushed down....
The trim in my car and one loaner were pushed up by 1/4". The dealer replaced the trim piece on my car. It still lifts up about 1/10" from time to time.

Originally Posted by RickInHouston
...Dashboard Rattle...
There's some minor rattlings in my car. Two of the loaners have pronounced rattlings.
I ran over a large pot hole a month ago and the car started to have this nagging rattle near the passenger's side view mirror. I checked everything in the area but couldn't find the rattling source. I asked my son to ride along and detect the rattlings from the passenger seat location. It turned out to be the sun-glass stored in the overhead console. Sound can play tricks on you.

Originally Posted by RickInHouston
...The service department attributed this to a ‘cold snap’ in Houston....
TMP issues exist for other brands as well. Cold snap was mentioned among those who reported the problems. I'm in CA and haven't experienced this issue.

Originally Posted by RickInHouston
...Infotainment Center / Console....
COMAND system in my car froze from time to time. Other than that, it seems to have reasonable quickness. Not as fast as a smart phone or iPad, but not infuriating slow. There's NO skipping during the start of a song.

Originally Posted by RickInHouston
...I’ve lost confidence in the car and my joy of ownership has turned into frustration....
I completely share your sentiments. The only saving grace is my dealer service dept. has been very accommodating along with the look and performance of the car.
Old 03-27-2017, 08:06 PM
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Not exactly a reassuring response, though your experiences are appreciated.

Originally Posted by ADD0514
The new E300 has numerous cosmetic and COMAND system problems on my car and the loaners I had. Some of them are similar to yours.


Unless it's a 100% hand wash process using the 2-buckets system, you'll get swirls with any other car wash system to some extends.


The trim in my car and one loaner were pushed up by 1/4". The dealer replaced the trim piece on my car. It still lifts up about 1/10" from time to time.


There's some minor rattlings in my car. Two of the loaners have pronounced rattlings.
I ran over a large pot hole a month ago and the car started to have this nagging rattle near the passenger's side view mirror. I checked everything in the area but couldn't find the rattling source. I asked my son to ride along and detect the rattlings from the passenger seat location. It turned out to be the sun-glass stored in the overhead console. Sound can play tricks on you.


TMP issues exist for other brands as well. Cold snap was mentioned among those who reported the problems. I'm in CA and haven't experienced this issue.


COMAND system in my car froze from time to time. Other than that, it seems to have reasonable quickness. Not as fast as a smart phone or iPad, but not infuriating slow. There's NO skipping during the start of a song.


I completely share your sentiments. The only saving grace is my dealer service dept. has been very accommodating along with the look and performance of the car.
Old 03-28-2017, 10:56 AM
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I see you are in California. I do not believe MB will take the car back, without you filing a Lemon Law suit, but if the evidence is overwhelming, they might. It would appear that most if not all of the problems are not safety related and that the car is drivable. So, I would leave it at the dealer for as long as it takes them to fix all the problems and keep detailed records as to how many days it has been out of your hands. Once the number hits 30 days, you are pretty much home free. In the mean time, I would consult an attorney who specializes in Lemon Law cases. Most attorneys who handle Lemon Law cases do so on a contingency basis, so it won't cost you a dime. Good luck!
Old 03-28-2017, 12:47 PM
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Lots of annoying stuff that should be fixable, not sure there is enough to warrant a lemon law claim, more the curse of a new model with lots of technology. Good luck anyway. Regards. Ned.
Old 03-28-2017, 12:57 PM
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Your dealer needs to step up to the plate and look after a long time customer.
Old 03-29-2017, 08:11 AM
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If the car is re-purchased, ultimately it will need to be disposed of. The process of buying the car back and selling it to a subsequent owner will prove to be an extremely expensive process. The cost will most likely be more than a dealer could net on the sale of multiple future cars.

For this reason and the fact that the dealer did not build the product, the re-purchase process should be the responsibility of the manufacturer not the selling dealer. Hence, the direction from the dealership to contact Mercedes. They will at a future point in time have input behind the scene during the process and usually influence on the final decision. The cost responsibility of this process rightfully belongs with the factory.
Old 03-29-2017, 05:06 PM
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Originally Posted by ngerstman
Lots of annoying stuff that should be fixable, not sure there is enough to warrant a lemon law claim, more the curse of a new model with lots of technology. Good luck anyway. Regards. Ned.
Talked with a guy that had walked around back of a BMW dealership one night when it was closed. Saw a Benz he would be interested in. It had written on the front glass, "Riverside CA auction. Lemon Law buy back."

They were going to resell it...
Old 03-29-2017, 05:41 PM
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Lemon law cars are routinely re-sold after they are repaired. In my experience (Florida) my cases have revolved around the timing and longevity of repairs. The problem must substantially impair the use, value, or safety of the vehicle. Almost anything outside of the entertainment system qualifies. The trigger is 3 attempts to repair the same problem and the car must have been out of service a minimum of 15 days because of it. Instead of driving your car when it isn't fully operational, request a loaner. Driving a loaner eats into the down time requirement.

Twice I've gotten full refunds for lemons - none were Mercedes. All communications were initiated with the manufacturer as required by Florida statute. After that the dealer presented resolution proposals. In my cases I received a new vehicle of a similar but newer model year as the lemon that was a year old and had 24k miles. In my other case I received a full cash refund including taxes and fees after 6 months and 8k miles.
Old 03-29-2017, 05:57 PM
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I'm in Houston, TX.

Two months ownership. I've put about 500 miles on the car. Fourth time to the dealership / third time in the shop. Maybe about 10 days total without the car, counting weekends.

Third time to try and fix Hazard Warning, Flashers Malfunctioning. This time they are replacing the entire 'box'? I forgot the term he used. The part may not be in the US so he has to ship it from Germany.

They are grasping at straws at this point. He thought it might be my Auto Insurance 'key fob' that I plugged in a couple of weeks ago to record my driving habits to get a lower rate. That's not the case, though.

It's also starting to turn into a 'he said, she said'. He said he can open the trunk each and every time with his foot. He'll have to give me a demonstration.

I have called Mercedes to start looking into it. A representative called me back yesterday. I was unavailable to take the call. I've called her about six times since and get her voicemail each time.

I will start investigating Lemon Law / Texas tomorrow. I just want a swap. That's all for now.
Old 03-29-2017, 06:59 PM
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Is that all that is wrong with the car: hazard warning lights?
Old 03-29-2017, 07:15 PM
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Unfortunately none of your items are at a serious enough level to warrant a buyback by Mercedes Benz. You can try to work the process but be prepared for no buyback. I hope your dealer can remedy the issues.
Old 03-29-2017, 08:43 PM
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None of your issues are serious enough for a buyback. The drop in tire pressure is common with change in temp. I have had it with my Benzes as well as my Audi. Rattles and trim issues are fixable. Recalls happen. These cars are full of electronics. Many times software needs an update. You live in large metro area. I would expect your dealer to be accommodating in getting things fixed. Most do not like to lose customers. I live in Dallas, my dealer is outstanding on taking care of issues.
Old 03-29-2017, 11:03 PM
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I have sympathy for you. I just bought a new AMG GT S and have had it for exactly one week before it became undriveable with a check engine light and limp mode. Something had come loose from the fuel system apparently. You have several nagging issues. I would let it be known that you don't want this car and hope that they work something out for you. Although they may be able to easily fix what's left to fix, you might always have a bitter taste in your mouth from this transaction.
Old 03-30-2017, 09:17 AM
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IIRC a 4 way hazard flasher is required equipment on cars in the USA. A non-functional 4 way flasher is a serious safety issue that would qualify under the lemon statute in Florida and probably other states as well.
Old 03-30-2017, 10:05 AM
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From the Texas DMV website:

How do I know if my vehicle is a lemon?
A motor vehicle may be declared a lemon if it meets all of the following conditions:
• the vehicle has a serious defect or abnormal condition;
• the defect or condition is covered by a manufacturer’s written warranty;
• the owner reports the defect or condition to the dealer or manufacturer within
the warranty term;
• the owner gives the dealer or manufacturer a reasonable number of attempts to repair the defect or condition;
• the owner gives the manufacturer (not the dealer) (preferably by certified mail) written notice of the defect and at least one opportunity for repair after notification; if more than one manufacturer or converter, each must be given written notice and have at least ONE opportunity to repair;
• the defect or condition persists and substantially impairs the vehicle’s use or market value, or creates a serious safety hazard;
• the owner files a timely Lemon Law complaint and pays the filing fee.

*Whenever the term “manufacturer” is used, it should be understood to include distributor and converter, as well.
Old 03-30-2017, 10:18 AM
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Here's a link to the Texas lemon law: http://www.txdmv.gov/motorists/consu...tion/lemon-law


Frankly I don't think you have snowballs chance in Houston of a buyback. You need one of 1) four unsuccessful repair attempts in the first 2 years for a problem, or 2) Two unsuccessful repair attempts for a serious safety problem (don't think any of yours qualify as serious), or 3) 30 days out of service (and if you take a service loaner, those days don't count).
Old 03-30-2017, 10:21 AM
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In California, unless the law has been changed, loaner or no loaner, cumulative days in the shop count.
Old 03-30-2017, 10:22 AM
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How do I know my car isn't giving a lane change signal when I haven't activated it? How do I know when I activate a lane change the light is going on? Is this not a safety issue?
Old 03-30-2017, 12:04 PM
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Any lighting required by law that is not working is a serious safety issue.

Each state has its own requirements. In Texas those requirements are spelled out in Transportation code chapter 547 located here.
Old 03-30-2017, 04:38 PM
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Originally Posted by Streamliner
In California, unless the law has been changed, loaner or no loaner, cumulative days in the shop count.

The OP is in Texas.

Originally Posted by RickInHouston
How do I know my car isn't giving a lane change signal when I haven't activated it? How do I know when I activate a lane change the light is going on? Is this not a safety issue?

Well, one reason would be is that the error message presented is regarding the four way hazard flashers, not the turn/lane change signals. Not to be pedantic, but do the hazards actually function or not? You stated there has been an error message, but you never stated whether you hit that red triangular button to see if they actually work.
Old 04-02-2017, 03:08 PM
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Got a call from service late Friday. Part arrived that morning. Assume it was installed first thing. Tech wanted to know how soon each time after I drive away the hazard warning appears. He then said he'd like to keep it over the weekend... Im purely guessing but I'm thinking they got the warning message as soon as the car was started with the new part installed.
Old 04-05-2017, 02:41 PM
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Service hasn't called. Last spoke on Friday. This is the eighth full (business) day in the shop this current visit (third time for the Flasher Malfunction Warning).


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