ElonBenz

Fellow Mercedes owners:

I did a search in the forums for flat-out experiences on lemon law dealings with MBUSA. If you could please reply with the time line, amount of documented problems, offers made by MBUSA / agents and if your case went to trial. With that in mind let me lay out my experience.

On June 3rd 2003 I made a cash purchase of a 2003 MB CLK 500 from Herb Gordon Auto Group in Silver Spring, Maryland. Options on the car were: COMMAND, V60 phone, wooden wheel, K3 & K4 packages. This added up to the sum of $63,826.50. When I talk about my service locations I went to two (2) Valley Motors in ****eysville, MD and Mercedes Benz of Greensboro in Greensboro, NC, both authorized sales/service dealers. With that in mind let me share my story.

Right off the bat I had faulty wiper blades like most people experienced. This problem was fixed after three (3) trips to the dealership. In addition, within the first week I had the left lo-beam HID fail several times. I will touch on this later but in short this would happen approx 2-4 times out of 10 when turning on the lights either in auto mode or manually turning them on. My other list of problems include:

v60i handset- Was replaced 2 times for poor reception both in and out of car, failure to be recognized by COMMAND and button failure (you'd hit a button and nothing would happen.) I have 2 Verizon phones one MB V60i and a regular v60i, same PRL etc and the Benz phone would always have much lower signal bars. This issue was looked at three (3) times at Valley and once (1) at MBG.

HIDs- As I said earlier the left lo-beam would fail 20-40% of the time. I had the unit replaced three (2) times and one (1) time I was told by the dealer that wires were incorrectly inserted/unplugged. This issue was looked at three (3) times at Valley and once (2) at MBG. Not all times did the service center do anything since they could not replicate the issue.

Engine, Coolant, etc- On several occasions I had malfunctions show up on my dash stating that the Coolant system failed and needed to be taken to the "workshop". Symptoms include fan on at full blast when no A/C was on. Weak acceleration and raise in oil temperature. I had the entire coolant system i.e. blower and such replaced 3 or 4 (three or four) times. The engine ECU was replaced at least three (3) times as well. This issue was looked at three (4) times at Valley and once (1) at MBG.

Brakes, SRS, SOS-TeleAid & Airbag- Two days before Christmas on the way home from a holiday dinner I had at least 6 malfunctions show up. Brake failure, SRS, SOS-TeleAid, Airbag, lo-beam and interior lighting failures occurred. Upon speaking to the Wrench button aka Roadside Assistance people they demanded that I pull over and have my car towed, luckily I was just around the corner from my house.

Interior- The front passenger seat/headrest failed and had to be replaced by Valley. The seat belt "presenter" failed to work on both driver and passenger sides and had to be fixed. All taken care of by Valley. Both driver and passenger side windows would fail when using the "one-touch" feature at times. The window would go up and then come back as if something was obstructing it however according the service tech nothing was found. The problem was never fixed. The moon roof would fail to close at times and thus make the car hard to drive when bad weather occurred. The whole mechanism was replaced and still never fixed the issue. For both the window and moon roof the only thing the tech could tell me was it kept loosing sync.

Rattles & Noises- I noticed several issues with rattles/noises and poor seals. When going over mild speed bumps or bumpy roads the driver’s side rear quarter panel would sound tinny. In addition the driver’s side front quarter panel would make much less a secure sound when closing then the drivers as if the passenger's was not well made. All these concerns were documented several times by me and was documented by the shop foreman at Valley, thus I am not being overly picky or imagining things. In fact he said this is the worst car as far as quality he has ever worked on. What is even more troublesome is when Valley's head tech. took a look at my passenger door he found missing screws, nuts & bolts as well as loose hardware. I assume these debris were at least partly the reason for the noises.

Key Fob- At times the remote would not work at all (especially when trying to pop the trunk) or you would need to be within 5 inches of the door before it would work. Mind you this car was brand-new and only a couple months old. No reason for a new battery etc.

In the end the car was in the shop for well over 30 days, had only 8,000 miles and was never abused or modified. Being a student and away from home I do not have the luxury of having other cars to borrow while mine is in the shop. Like others on this forum have experienced many dealers are only giving loaners of any sort to those that bought the car from them. I am still out $700+ for a loaner car from Enterprise that I was told would be reimbursed by MBUSA/MBG but have set to see that money. I feel as though I made a good faith effort is giving MBUSA and their agents a chance to make the situation right. On January 14th, 2004 after the last round of problems and malfunctions, which caused it to be in the shop for over a week, I tendered the vehicle back to MBUSA and demanded in writing that my monies be refunded.

I have been in contact with the regional service manager whose name escapes me right now, I do remember that he was based out of PA. He was quite pleasant but I don't feel any progress was being made. At that point I got my lawyer involved and filed papers against MBUSA and Herb Gordon Auto Group. We served these papers some 26 days ago. The only communication I/my lawyer have received was via fax stating that MBUSA feels that my charges are without merit (I have the documentation) and MBUSA already made in good-faith a new car. Well that simply didn't happen and if it did I wouldn't have filed papers since in the long run I just want a new MB. I have spoken to a former service manager of a large volume MB dealership in PA that typically MBUSA waits until the 11th hour of the last day before they respond to the complaint. I assume they do this to drag it on in hopes that I will drop the case. At this point I will end my sermon and kindly ask those that have dealt or in the process of dealing with Lemon Law how is your case being handled? Below are the guidelines for MD Lemon Law. Any thoughts/information would be great, if you have any questions please let me know.

-A.T. Ward, IV

1. Are registered in Maryland, and

2. Have been driven less than 15,000 miles and been owned less than 15 months.
(Even if you are not the original owner, the Lemon Law might apply to your vehicle if the original owner purchased it less than 15 months ago.)

The law provides that a dealer or manufacturer must correct a defect within 30 days after the consumer writes to the manufacturer by certified mail. If the manufacturer or dealer is unable to do so, the consumer is entitled to a refund or replacement vehicle under the Lemon Law if the car has:

* A brake or steering failure that was not corrected after the first repair attempt, and that causes the vehicle to fail Maryland's safety inspection; or


* Any one problem that substantially impairs the use and market value of the vehicle that was not corrected in four repair attempts; or


* Any number of problems that substantially impair the use and market value of the vehicle that have caused it to be out of service for a cumulative total of 30 or more days.

dbessa

I purchased my CLK 500 in oct. 2003 and share many of the problems you have experienced.

I looked into proving my vehicle a lemon but heard it was near impossible, not to mention it took a long time...

I pretty much have to take my car to the shop every month for repairs...

Let me know if you have made any progress... and good luck!

Gekko

Why would you even want another MB after going through all of that? Who needs the aggravation and probability of going through the same thing with a new one? Do you think that all of a sudden their quality will magically improve? I'd demand my money back and go buy something else. That shiit's ridiculous.

ElonBenz

Well I don't want another CLK, I'd really like the new 04 or 05 E500. It has DVD NAV and the nanopaint which the CLK does not. Plus while I know I had a bad experience I do not know what else I'd look at if I like the CLK 500 or E 500. We will see... stay tuned. I'd still like to hear from people who did get their cars bought back.

-A.T.

GDawgC220

it's really on a car by car basis there. Look around...some people have absolutely no probs with their cars, some have few minor quirks and some have horrendous experiences and problems. It's not every model/car that comes off the line.

ElonBenz

I agree, while we all would like to think that our cars are made like the "good ole days" we have to admit that these cars are now mass-produced. While many people here have had issues, some more serious then other's, it is still a small percentage compared to all the cars MB produces. I'm willing to give them another chance.

-A.T.

GDawgC220

Oh definately, I know they're not produced like they use to. I can tell between our ML and my w202. My w202 is rock solid while the ML is more plasticky, right off the bat.

I guess we've been lucky thus far with MB...nothing major, I think our most troubles have come from the ML and that's a common thing with the first few years build.

Good luck on your case man!

ElonBenz

Great posts so far but I've yet to hear anyone tell about their buy back experience. Anyone... anyone?


-A.T.

KWiK

I had MBUSA buy back my 2001 E320. The whole process took about 3 months from the time I file the lawsuit. MBUSA always waited until the last moment for any responses. If I would have settled for a replacement vehicle, this would have taken half the time. In the end, I did get my check.

A co-worker of mine just received a 2004.5 C230 Sedan as a replacement for her 2003 C230 Sedan. The major problem was the left from Xenon light would fail while driving. The light was replaced 5 times. This process took her ~35 days from the day she filed suit.

It appears that MBUSA would much rather give you a replacement.

ElonBenz

Well I just wanted to thank everyone that has spoken to me personally. What I have gathered so far is the following.

1. People that filed suit and wanted their money back + damages had their cases delayed and went on for several months 2-3+ months.

2. Those that asked for a new car, be it the same model they bought or otherwise, had their cases settled as soon as 30 days to 1 and a half months.

3. No matter what, keep your car in your control... that is to say don't leave it at the dealership/service place while filing the complaint. Apparently MBUSA will make a last effort to fix the car by striping the car down and replacing everything. To quote one gentleman I spoke to, "It's like you were in a NYC chop shop." Clearly nobody wants a hacked car job.

4. Don't talk to anyone from MBUSA personally; forward the call to your representation. These people will try to make you unreasonable offers or ask you to make a verbal agreement.

5. Document everything and have a good relationship with the service manager/advisor at the dealership. If these people are on your side and tell corporate that they simply cannot fix the problem(s), the quicker your case will be handled.

Thanks for all the help so far guys! Please keep posting your stories here or PM me.

-A.T.

Guest0001

Sorry to hear about your problems. Since it was the first year for the W209 it might have something to do with it. Give it another year or 2 and they will iron out the issues hopefully. My 03 C320 as has been flawless after 14 months.

ElonBenz

According to my records we served the papers on my dealer/MBUSA 28 days ago. My understanding is they have 30 days to respond, failure to do so causes my case to be a lemon automatically. With this in mind I am sure we will hear something this Friday but at the latest Saturday. Should be interesting to say the least. I'd still love to hear from those who successfully got the buy back.

-A.T.

ElonBenz

Gentleman:

I have not updated everyone on what has happened over the past few weeks. In short, they were dragging their feet since they did not receive all the records from Valley Motors in Maryland and never received ANY documentation from MB Greensboro. We have now been given a court date of June 11th and my lawyer expects us to win no matter what (either settle out of court or in a trial). By their own documentation of services rendered the car was out for 34 days and has received some $10,000 in repairs thus far. I have not driven the car for almost 3 months now I guess since I never picked it up from Valley after the last round of repairs were done. About three weeks ago I went on the lot to look at my car and saw the front tires so flat that the car was literally sitting on the rim, scratches on the driver's side door which were not done by me and was completely dirty (not surprised). Ironic that I had complained about the front tires being defective several times and was told there was no problem with them and held air pressure fine. Just last week MB's lawyers asked that I come in and be deposed before the trial date, isn't that just convenient. Has anyone else had to go through all this riff-raff before? Oh one more kicker in this story I received a bill from TeleAid for around $70 for overage for all the times I had to use the Wrench button! As it seems now I have given up on MB until their quality and customer service come back to where it should and used to be. I placed an order for a 04 BMW M3 convert. to be delivered in late May. Hope all is well here and please PM or respond if you have anything to add or helpful suggestions.

Best wishes!

-A.T.

RJC

Normally if the dealer pushes for a solution the factory is more inclined to step up. The trick is really getting the dealership to push for the solution...actions vs words. I doubt MB will attempt a settlement at this point unless they feel they can still salvage you as a future customer, sounds like you and MB have gone way beyond that. I've also found that if you have a bonafide case for lemon law they may be much more willing to help you especially if you filed all the paperwork with the state etc. Best of luck to you.

C32Andy

MBUSA bought back my GF's 99 SLK230 at full purchase price minus taxes after owning the car for little over a year.

The problem with the car was that if it is parked under rain for couple hours the roof would leak water onto the seats....

MB has try to remedy the problem 8 times.......we eventually got the regional manager involved....after the 8th attempt when the roof was still leaking, we video taped the car under rain while the roof is leaking water & informed the regional manager that we do have a video tape recorded, he didn't ask to see the tape & just ask what we wish to do.......so we told him to buy the car back & 1-2 weeks later, we met at local MB dealer to pick up the check & turn over the SLK........

Chip

These storys are just depressing. I had an E-55 that was obviosuly a lemon from Phoneix Motor Company. Complete audio faliure and couldn't be aligned. Couldn't be fixed. Spent almost 90k for this car.

Finally gave up and traded for an ML500 after my lawyer told me that the dealer would fight this tooth and nail if I invoked the lemon law. The dealer took some off for the ML but I had to eat the 15% premium.

Ended up with a CLK-55 from another dealership, which is perfect, but what an expensive way to get from A to B. It's sort of like gambling when buying higher end Benz's. If you get a good one you get a good one. But if it's bad it's a bad experiance all the way around. Once the dealer has your money they could care less. Makes you hold your breath for that first 1000 miles.