Guys I need your opinion

I bought an 04 E55 from Volvo of Santa Monica back in March. At the time of purchased the odometer read 27,197 miles and same as in the sales contract, I also had the dealership pulls Carfax on the same day (03-19-08) and it shown the same reading 27,197. In May I contacted the DMV that I haven’t receive my license plate, DMV told me to take the vehicle in for VIN inspection so I did that at the local DMV and mailed a VIN INSPECTION VERIFIED FORM to a dealership so they can forward it to DMV along with the posting fee (Dealership forgot to pay the license fee?) At that time I made about 10 different calls to the dealership and finally was told that the person who handle all the paperwork was backed up and not to worry about it.

Today I decided to trade my E55 for the new C63 and during the appraisal the sales guy at MB dealership came back with a Carfax report and here it goes:43,765 miles at California Inspection Station on 03/14/08??? and this MB dealership refused to buy my car or give me the trade in value(another word they will not buy my car period)

Now I don't know what to do and felt like I don’t want my car anymore and can't trade it in either as first I thought it might be an error but how could I know for sure that it is not an odometer rollback etc. even if they correct or erased the record.

Would I be able to return the car to Volvo of Santa Monica and get my down payment back (put down 10k,paid $41.5k before tax/lic and extended warranty) and they pay off my loan? Please don't think that I want to drive my E55 for free after all this matter I just don't feel right (As of today no license plate-still window temporary)

The car was not Mercedes CPO but I did buy an Easycare extended warranty til 2010.

Since I had the car here’s the list of problems.
1.Torque strut bushing suspension worn out (found out when I took it for service B at Mercedes Escondido couple weeks later of ownership)
2.Last month took it in for service and had transmission mount collapsed and replace oil level sensor.
3.Now the car has “click sounds from under the hood” when accelerate from 0 to 35 MPH and transmission does not shift smoothly.

Who should I contact to have this solve? Thanks so much for reading this.

 

FIRST CARFAX REPORT PULLS ON 03-19-08.

Purchased: 2004
Type: Private lease
Where: California, Arizona
Est. miles/year: ---
Est. length owned: 3/14/04 - present
(4 yrs. 4 mo.)



Date: Mileage: Source: Comments:
03/14/2004 14 California
Motor Vehicle Dept.
Paradise Valley, AZ Title issued or updated
First owner reported
Registered as lease vehicle
Loan or lien reported

Don't be confused by the two locations in this record. The title was held in Paradise Valley, Arizona but the car was registered to be driven in California.

06/02/2004 1,461 Service Facility Vehicle serviced


01/23/2007 Arizona
Motor Vehicle Dept.
Paradise Valley, AZ
Title #XXXXXXXXXXXX Title or registration issued
Registered as lease vehicle

03/07/08 Mercedes-Benz USA,INC.

Manufacturer recall/sevice bulletin issued Recall #2008020001 Voluntary emission recall model 211;219 amg. my03-06. check and replace fuel filter module if neces click here or call 1-800-367-6372 to locate an authorized Mercedes-Benz dealer near you to obtain more information about this recall.

 

SECOND CARFAX REPORT PULLS 07-14-08

Purchased: 2004
Type: Private lease
Where: California, Arizona
Est. miles/year: ---
Est. length owned: 3/14/04 - present
(4 yrs. 4 mo.)



Date: Mileage: Source: Comments:
03/14/2004 14 California
Motor Vehicle Dept.
Paradise Valley, AZ Title issued or updated
First owner reported
Registered as lease vehicle
Loan or lien reported

Don't be confused by the two locations in this record. The title was held in Paradise Valley, Arizona but the car was registered to be driven in California.

06/02/2004 1,461 Service Facility Vehicle serviced

01/23/2007 Arizona
Motor Vehicle Dept.
Paradise Valley, AZ
Title #XXXXXXXXXXX Title or registration issued
Registered as lease vehicle

03/14/2008 43,765 California
Inspection Station Passed emissions inspection

03/19/2008 27,197 Service Plan Co.
Temecula, CA Service contract issued
INCONSISTENT ODOMETER READING

Hmmm...hard to tell whether this reading represents an odometer rollback or a clerical error. Confirm the mileage with your dealer or qualified mechanic.

04/03/2008 28,471 Service Plan Co. Service contract claim
Vehicle serviced
Suspension serviced

06/20/2008 33,889 Service Plan Co. Service contract claim
Vehicle serviced
Electrical system serviced
Transmission serviced

07/14/2008 Mercedes-Benz USA, Inc. No recalls

 

Having ran a finance department, I would say that you are 100% absolutely protected. Look on your contract and purchase order to make sure the mileage says 27197. If it says that and DMV says it's another, take it back to the dealership and have them explain. IT is their problem not yours. Since you haven't received title work or permanent plates for the car, it's not your issue. The dealership has responsibility to deliver a clean title. You can demand that they reverse the transaction if you have a legitimate issue. You need to talk to the GM of the dealership to resolve the issue. DO NOT talk to the salesman or finance officer to resolve.

Remember, your contract is what is protecting you. If the mileage is different than what is actually on the contract, than the contract is void. On top of that, you don't even have a clean title. How are you suppose to register or drive the car. TAKE THE CAR BACK AND TELL THEM TO UNWIND THE DEAL. CASE CLOSE! I would contact your bank since they are also part of the transaction.

GL. PM me if you need.

 

I would not be concerned that the odometer has been rolled back. My guess is that someone at the emissions station entered the wrong mileage when it was inspected prior to your purchase. Getting that corrected on the Carfax will not be fun but I would start by calling your local MB dealer and checking what their last record of the milage is and then call the Volvo dealer to help you.

 

He is 100% correct, furthermore if the Carfax report is wrong they are liable as well, they too supplied "invalid" information which may have swayed your buying decision. Doesn't Carfax boast about a gaurantee on their TV commercials?

I hate to say it but you need to lawyer up, this is gonna get ugly before it gets better. I went through a title battle with a buyer, the State of Indiana and the State of illinois a number of years back on a motorcycle that I sold, unknowing to me at one point had a salvaged title issued out of state. The original owner of the motorcycle with the salvage title sold it to a guy in Illionois, the title somehow got changed back to a "clean" title, I bought the bike thinking it was a clean title, the bike looked perfect and rode perfect. It was not until I sold the bike to another person that the bank he got his loan through did a title history search and determined the problem. I ended up having to refund a portion of the purchase price due to the re-adjusted "salvage" market value. I could have chased the guy that sold me the bike but it would have cost more money and time than it was worth.


Here it is; www.carfax.com click on "Buy Back Gaurantee". I'm no attorney, but from what I read they should be buying your car back from you as long as you mailed in your Carfax agreement within 90 days of the purchasew of the car. It clearly states "Rolled Back Odometer" under the buyback section.