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Dealership Issues *Sold as CPO but not CPO*

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Old 09-21-2022, 03:25 PM
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E43 AMG
Dealership Issues *Sold as CPO but not CPO*

Hi all,

I have an issue ongoing with my MB dealership. I purchased a 2017 E43 AMG from them back in April. 18k miles, mint condition, the whole nine yards. The car was listed as a CPO on cargurus, I went through and bought the vehicle, it came with an installed radar detector K40. *Checked CarFax now and it also shows the vehicle was listed for sale as a CPO*

I have been having some strange electrical minor issues, some buttons on left side of steering column not working, dynamic seat setting not saving, etc.. So when I took it to my dealer (not where I purchased) I had them take a look.

It turns out the vehicle's radar detector that the dealership sold the car to me with, whoever installed it did not reseal a grommet properly. This caused water to get under the panel somewhere on the drivers side and cause some corrosion on the connector pins. When I called my dealer who sold me the car, they are now saying that my car WAS NOT CPO. They said they pulled the file and I signed it "as is.' Stupid on my end but I wasn't thinking, everything I had seen and had been told steered me to believe this car was CPO. I was never told "hey by the way we didn't CPO your car because of the radar we found in it" because I would not have purchased the vehicle if that was the case.

They agreed to at least look at the car, my initial request was for them to buy the car back but they refused. They looked at the car, and informed me that the damage did not get to the ECU and they resealed wherever the water was entering from. They said pretty much to ride it out because to repair it we would need to replace the entire body harness and it is 4 months out for the part with 50+ hours of labor which I would have to pay for.

They let me pick the car up without paying for service, but at this point I really feel like I have been jerked around. No loaner car for me, first MB purchase, was with BMW before.

Do I have a case for legal/corporate intervention? Realistically what are my solutions here? I have the carfax showing that this car was supposed to be sold to me CPO- not sure if that helps any.

Thank you all for your help,
Old 09-21-2022, 04:44 PM
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Car Gurus and Car Fax showed CPO. Did the dealer ever represent it as a CPO. Is CPO anywhere on the paperwork? Doesn't sound like the car is CPO. Amazing to me what people sign without reading.
Old 09-21-2022, 04:58 PM
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Car Gurus and Car Fax are third party information. Did the car dealer’s website state that it is a CPO?
Old 09-21-2022, 05:22 PM
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Yes, the dealer listed it on their website as CPO.
Old 09-21-2022, 05:23 PM
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Originally Posted by drose224
Car Gurus and Car Fax showed CPO. Did the dealer ever represent it as a CPO. Is CPO anywhere on the paperwork? Doesn't sound like the car is CPO. Amazing to me what people sign without reading.
Amazing to me too. But when you hear certified in your ear from all of the listings, the sales guy, and the finance person doing my documents assuring me the car is CPO. I just sign the lines and move on.
Old 09-21-2022, 05:46 PM
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Originally Posted by Gjokinator
Yes, the dealer listed it on their website as CPO.
if you could somehow prove that dealer website posted the car as a CPO, then you could talk to the general manager and try to work something out. You will not get all your money back, you might get some portion of money back for the dealer’s mis-representation of the car.
Old 09-22-2022, 11:10 AM
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Originally Posted by The G Man
if you could somehow prove that dealer website posted the car as a CPO, then you could talk to the general manager and try to work something out. You will not get all your money back, you might get some portion of money back for the dealer’s mis-representation of the car.
Worth a try, but I suspect on the Bill of Sale, clearly marked is language that says in effect, "no warranties or representations are made beyond the contract and all rights and obligations of the seller are set forth in the contract".
Old 09-22-2022, 01:00 PM
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This place is a joke.
CPO wouldn't cover a water leak from a faulty radar detector installation anyways, nor would the original 4/50 warranty. It's called "outside influence" meaning it's not a manufacturer defect.
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Old 09-23-2022, 10:31 PM
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First, I would have a printed, hard-copy of both CarFax and the dealer website showing they represented the car as CPO. Second, I would take all of your paperwork -- ALL OF IT -- and go see an attorney. The "as is" language is meaningless unless the entire contract is considered. This could be an estoppel issue. Speak with an attorney who is a litigator so that he/she has no reservations about moving this to whatever point in the process they have to or want to go to. Good luck!
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Old 09-24-2022, 05:50 AM
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Originally Posted by JTK44
Worth a try, but I suspect on the Bill of Sale, clearly marked is language that says in effect, "no warranties or representations are made beyond the contract and all rights and obligations of the seller are set forth in the contract".
If the OP has the dealer’s ad stating the car is CPO and the sale contract does not, its called bait and switch or false representation of a product for sale. The OP will not get the repair he needs done for free since the radar detector installation leak is a aftermarket add on but he would at least get the one year CPO extended warranty.
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