m3m3m3

Hi guys,

My dad bought his S600 in 12/2006. And since then the car has been in the service shop for 45 days! It's been in for various things: ABS, EPS, and most recently they had to replace an axle..

At this point, he wants a new car... Does anyone have experience in claiming lemon law? We bought the car from a dealer in Colorado, but we live and registered the car in CA.

Does anyone know of a good lemon law laywer? Thanks in advance

sosh

You may have a problem doing this under the CA laws as you bought in CO. Even if you are able to do it it will be difficult due to the purchase being in another state. It may be possible that you have to sue in CO which could be difficult, expensive and inconvienient for you. I guess you bought in CO to save a few bucks and I think you will find that it was not worth it. Suggest you contact any good attorney, explain the problem and get his response. I would stay away from those attorneys that advertise on TV, direct mail, internet etc. I also suggest that you let your dad handle this as you seem to be very young and inexperienced.

kevine310

WOW, you're quick to judge other people. Not only can you read minds, but can also guess people's age from the internet.

For the OP, If the problems are mechanical, I do believe there are federal lemon laws that will protect you. However, I'm not familiar with lemon laws and can't comment on whether or not buying in another state affects you.

However, the first course of action should be to talk with the dealer in CO and a MBUSA representative, explain politely that you're frustrated with the car and wish a buy-back. You might not have to take this issue all the way to court.

Good luck!

trumpet1

Great response. I too thought the age comment was ridiculous.
And I too think this can be handled without getting a lawyer in on it.

Chucky300

Woh - too harsh man...

I bought my S550 from Glauser motors in Colorodo...and my previous S500 from Fletcher Jones in Chicago. It was not just the price that was attractive, but their ability to get me the car with all the options I wanted. Had MB Manhattan been able to find me the same car with $1000 higher price, I would have still gone with Manhattan dispite the higher price.

In any event, after re-reading your own post, don't you think you were a bit on the aggressive side?

WSH

Have several colleagues who have had new 65s bought back under lemon law...

In each case, no lawyer needed; but they each were (and remain) frequent buyers of $150K+ MBs at major MB dealers in CA/NYC....my sense is dealer ultimately needs to decide to use its (finite) political capital at MBUSA to protect dealer's most profitable customers....

Not sure what are specific lemon laws in CA; but suspect MB will (logically) resist buy-backs on $150K+ cars, unless for a major repeat customer at major dealer....or unless a competent lawyer can present a strong case....not sure lemon law cases are particularly lucrative for lawyers, so would wonder if many competent lawyers work in this area...

That said, if one is a one-off MB customer, need to price costs/time/hassles/risks of lawyers and legal approaches vs simply eating loss w/trade-in...perhaps strategically smarter to figure out how to build a constructive relationship w/a competent local dealer for future cars....my sense is most price-shoppers fail to value importance of profitable relationship w/a competent local dealer, esp when need help in seamlessly resolving a lemon car...or obtaining excellent svc for warranty repairs/mtce....most well-run dealers tend to prioritize svc quality accorded vs profitability of a given customer....

sosh

I may have been aggressive however when I see someone who is doing something for their father my assimtion is the he or she is very young. And, yes the first course of action should be a conversation with the selling dealer assuming that has not yet been done. As for the laws, not being an attorney it is my presumption and understanding that the lemon laws are state and not federal. They do in fact vary from state to state. The complication here is purchase and residence in 2 different states and its pretty clear the the purchasing and servicing of the vehicle are in 2 different states.

WSH

Know many smart guys (who went on to build brilliant, rather lucrative careers in finance and tech by their 20s-30s) who were trained as young kids by shrewd fathers by doing the ground-work in analyzing/solving real-world issues re: family's cars, houses, etc....a great, early, real-world education in finance, business, law, engineering and human behavior....

sosh

I know many of those types of guys also, however none would ask on a public forum for a stranger to suggest a good lawyer. My remark about the age of the poster was based upon 2 factors, one is that management and owners of dealerships and manufacturers respond to a mature adult in a much more positive way then they do to a young person. Right or wrong, its only human nature. The second being the poster is not the owner or purchaser of the vehicle and he has no legal standing with the seller or manufactuerer.

LPM 505

I am not a lawyer, but I think there is your own state lemon law and Federal lemon law call THE MAGNUSON MOSS WARRANTY ACT. People usually deal with their own state lemon law, but I think the Federal lemon law will protect situation like this !

sosh

Nor am I an attorney but I am somewhat familiar with Magneson - Moss and I do not believe its applicable in this type of a situation, nor does it specify return of the purchase price, buy backs or replacement. The state laws are much more consumer friendly and are slanted in the consumer's favor. In addition, to take advantage of Magneson-Moss the suit must be brought in a federal court and that is much more expensive and complicated. I do not think that any of the so called lemon law attorney's would consider taking a case like this to a federal court as their reward would be eaten up with the additional costs and time.

carsnob

Great answers from knowledgeable MB drivers. That's why I like this forum.
The MB dealer can't be happy about your unhappiness either. Rather rare all round.
Obviously taking a car in even if it's a warranty issue is a hassle at any time.
So, my advice would be to get a new '08 S 600. The dealer should be able to speak with MB USA head office about what they can do for you as a special circumstance with respect to taking in your car without giving you a bath. I can't imagine that they will give you 100% due to the timing factor/mileage/the fact that you used it and enjoyed it (despite the frustrations. ) MB USA wants you as a customer. I would think you'd want an
S 600 that works well. You will have to consider some deprecation factor regardless of the numerous problems/hassles/warranty issues etc.
Good luck, but go for it....

dadesidon

Disclaimer: I am a law student in Texas, so do not purport to know anything about CO or CA law, so this is NOT legal advice.

In my opinion you need to be working with your CO dealer and using CO lemon law. You can find it here. http://www.ago.state.co.us/CONSPROT/...s/LemonLaw.pdf

Key elements:
car must be new when bought
within 1 year or purchase or within warranty period
problem must not be the result of misuse, abuse, neglect, unauthorized modifications
problem must substantially impair the market value of the car

This is a really brief overview, but I would talk to a CO attorney to get better info. Another idea is to talk to the service manager and threaten to bring a lemon law action, and that will normally get a better response out of the dealership.

The thing about Magnusun Moss is that it must be brought in Fed court which is a more difficult process than state court. However, you can be in Fed court because diversity jurisdiction (two different states). Your best bet is still state law because it is normally more protective of consumers than Fed law. Again I don't know enough about CO law to tell you 100%.

My $.02. Let us know how the process goes.

PS: the 2nd message on this thread was not necessary, I have been taking care of my dad's businesses (outside his core business) since I was 20. I know more about the real world than my law school peers, and it has helped me put my education in perspective. So I don't think the fact that m3 is here asking a question for his/her dad should be reason to flame him/her.

pmb600

I agree that the comments were out of line.

But has anyone noticed that the OP hasn't returned?

trumpet1

Don't you just hate that? Maybe the lemon was turned into lemonade.

I still want to know whatever happened between those two cousins that owned 65s (can't remember if they were SLs, CLs, or S cars) and had a big issue with Evotech. Does Evotech still exists? I can't even remember which forum it was. Maybe it was an AMG forum.

NY C32

The OP's father may not be stuck dealing with a CO as this may very well fall under CA law too.

If the car has problems that meet the qualifications of a lemon, a manufacturer isn't going to waste time to fight it. Some states allow the owner to decide whether the manufacturer provides a replacement or a repurchase. MBUSA isn't going to replace a new S600 for an old one. The replacement is for same model car in similar condition.

redmansioner

I just leased a S 600 and are having paint issues! Having 1200 miles only it has already been at the auto parts dealership for color sanding and NO I would not get another Mercedes even though this is a great driving vehicle. But, I feel the paint situation definitely needs to be taken care of immediately!

NY C32

Do you make up stories just so you can plug that website in every one of your posts? Do you even have a Mercedes?
Business must suck, huh? Or are you too cheap to pay to be a sponsor?

cjf_moraga

(Pictures please before making such ridiculous claims)

trumpet1

Got Krylon?

trumpet1

+1

cjf_moraga

Does this poster think we are idiots with this fabricated story? If I had a paint problem at 1200 miles I would be round my dealer next morning... This would be more than a warranty issue... Despite their reputation, most sane dealers for sound business (and repeat sales) reasons are going to make sure that customers who buy/lease $145K cars are kept happy!

Color sanding a brand new S600 indeed!

I know, I know, I am taking the poster far too seriously... sometimes the low regard for our intelligence gets frustrating... (I feel better now)

Chris

WSH

Indeed....

Though I often find many of these stories amusing b/c of their stupidity...

I suspect most owners of new S/CLs are reasonably intelligent guys who have a solid grasp of basic business relationships (and legalities), to resolve issues that may arise w/any purchase....

Always refreshing reading some of these random posts/threads to remind one of how many guys who allegedly own/drive $100K+ MBs can barely read/write/count, though many are remarkably adept w/rapper lingo....

dr.skp.ortho

For god sake, couldn't the original responder just have attempted to help this person and his father? With people like this this forum ceases to be a online congregation of enthusiasts to share knowledge, advice and help.

trumpet1

Did you mean to say original poster instead of responder? Assuming you meant original poster, I don't think the last few posts were directed toward the person who started the thread. Most of the negative comments are towards the poster who mentioned color sanding who seems to be trolling, or at least it seems that way to me. Guys, am I right ?