Did I get taken?
08-04-2009, 04:12 PM
#26
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Porsche 991S, Cayenne S, 1972 BMW 3.0CS E9 Coupe
You need to get all your ducks in a row and proceed with a deposition of some kind from all parties and then start litigation and show that you mean business. It could very well be that there's some miscommunication going on between MBUSA, the dealer, etc.. And with you barking (legally) at them I'm sure it will be resolved. You might be surprised that you may not have to go very far with it and they'll end up correcting the issue.
I would do it that way before I even said anything on a public forum.
08-05-2009, 12:07 AM
#27
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2007 E63 w/P30 and Eurotech CF Diffuser
I don't want to seem like an ***, but have you cheched the engine compartment to see it IS an AMG? maybe the brakes are correct (but poorly installed) and the only thing wrong is the badges?
08-05-2009, 02:16 AM
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The car is all AMG under the hood and inside except for the floor mats.
If anybody here has a suggestion for legal counsel who is familiar with this kind of law I would be most grateful. I need to find somebody who already knows how to push them in their soft spots.
I also am not sure what to do with the car as it sits. Do I repair it with the dealer? Do I buy some used components off of somebody who has upgraded to Brembos and try to have it repaired by an independent for less? Do I leave it alone in order to preserve the evidence?
If anybody here has a suggestion for legal counsel who is familiar with this kind of law I would be most grateful. I need to find somebody who already knows how to push them in their soft spots.
I also am not sure what to do with the car as it sits. Do I repair it with the dealer? Do I buy some used components off of somebody who has upgraded to Brembos and try to have it repaired by an independent for less? Do I leave it alone in order to preserve the evidence?
08-05-2009, 05:42 AM
#29
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'15 E63S wagon
The car is all AMG under the hood and inside except for the floor mats.
If anybody here has a suggestion for legal counsel who is familiar with this kind of law I would be most grateful. I need to find somebody who already knows how to push them in their soft spots.
I also am not sure what to do with the car as it sits. Do I repair it with the dealer? Do I buy some used components off of somebody who has upgraded to Brembos and try to have it repaired by an independent for less? Do I leave it alone in order to preserve the evidence?
If anybody here has a suggestion for legal counsel who is familiar with this kind of law I would be most grateful. I need to find somebody who already knows how to push them in their soft spots.
I also am not sure what to do with the car as it sits. Do I repair it with the dealer? Do I buy some used components off of somebody who has upgraded to Brembos and try to have it repaired by an independent for less? Do I leave it alone in order to preserve the evidence?
You get a lawyer, as already suggested several times, FIRST before doing anything else. The course of action isn't as complicated as you're making it out to be.
GET A LAWYER immediately, period.
08-05-2009, 08:16 AM
#30
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2004 S55 (SOLD, miss it every day), 2009 GL550
I also am not sure what to do with the car as it sits. Do I repair it with the dealer? Do I buy some used components off of somebody who has upgraded to Brembos and try to have it repaired by an independent for less? Do I leave it alone in order to preserve the evidence?
08-05-2009, 05:08 PM
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2006 E55 Wagon (RIP), 2019 E63S Wagon (Sold) 2023 AMG GT634S
ok - I'll be the jerk.
Where is MB USA supposed to sell the cars the dealers don't want? Or that they can't CPO?
If you owned an E63 before - those brakes should have stuck out like a sore thumb that they were in NO WAY stock (your comment about no logo and someone saying they were a mid year design change...) The paperwork specifically says "aftermarket brakes" - well - that's exactly what they are - they are not OE, and there's no guarantee that aftermarket will be better.
Now - for them to change the status on the car after you get it is wrong - but getting them to take the car back, or for Manheim to do so - I think is a longshot.
Auction cars are sold AS IS, and you have to be very discerning and discriminating in the inspection process. There is a reason the car is there - it's your job to figure out why and pay accordingly. You should have a very experienced person there with you if you cannot do this yourself.
Where is MB USA supposed to sell the cars the dealers don't want? Or that they can't CPO?
If you owned an E63 before - those brakes should have stuck out like a sore thumb that they were in NO WAY stock (your comment about no logo and someone saying they were a mid year design change...) The paperwork specifically says "aftermarket brakes" - well - that's exactly what they are - they are not OE, and there's no guarantee that aftermarket will be better.
Now - for them to change the status on the car after you get it is wrong - but getting them to take the car back, or for Manheim to do so - I think is a longshot.
Auction cars are sold AS IS, and you have to be very discerning and discriminating in the inspection process. There is a reason the car is there - it's your job to figure out why and pay accordingly. You should have a very experienced person there with you if you cannot do this yourself.
08-05-2009, 05:36 PM
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Believe me I feel pretty stupid now for not investigating the brakes more carefully when I noticed them. Dealer said it was probably a early production year change (I have that in writing too). I was in disbelief and denial that Mercedes would put anything but appropriate brakes on the car. This car was not sold AS-IS, in fact it was represented to have the manufacturer's warranty. Mercedes maintains that changing the warranty from 6 to 8 is an internal matter. Dealer says differently.
Apparently several other inexperienced dealers were fooled by this as well as the bidding got pretty high for a branded title car. I hope you can understand that when Mercedes itself advertises the car is under warranty "green" status, that most any dealer would believe it to be true, even the very experienced ones. Since this was NOT an AS-IS auction, most would expect Mercedes to be selling a safe, drivable car. This should have been sold as "AS-IS" and then I would have not have even touched it.
Look, I welcome the criticism and deserve some of it. In the least, maybe my horrible experience will save other from making a similar mistake. There are quiet a few lease turn-ins and repo's out their being sold by Mercedes, and these junk brakes (or some other similar, cost cutting, warranty invalidating, substitution) could have been on any of them. Buyer beware, buy a used car from Mercedes-Benz and they may not tell you the whole story and then follow up the sale with a warranty revocation.
Apparently several other inexperienced dealers were fooled by this as well as the bidding got pretty high for a branded title car. I hope you can understand that when Mercedes itself advertises the car is under warranty "green" status, that most any dealer would believe it to be true, even the very experienced ones. Since this was NOT an AS-IS auction, most would expect Mercedes to be selling a safe, drivable car. This should have been sold as "AS-IS" and then I would have not have even touched it.
Look, I welcome the criticism and deserve some of it. In the least, maybe my horrible experience will save other from making a similar mistake. There are quiet a few lease turn-ins and repo's out their being sold by Mercedes, and these junk brakes (or some other similar, cost cutting, warranty invalidating, substitution) could have been on any of them. Buyer beware, buy a used car from Mercedes-Benz and they may not tell you the whole story and then follow up the sale with a warranty revocation.
08-05-2009, 05:49 PM
#34
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2006 E55 Wagon (RIP), 2019 E63S Wagon (Sold) 2023 AMG GT634S
Perry - understand your frustration.
I AGREE with you on the warranty. If car was sold with the balance of the factory warranty remaining then it should continue. But don't Lemon Law buybacks lose the warranty or at least have it altered? They certainly should not have CHANGED the status after you bought the car at the auction.
My "as-is" statement is less of a warranty statement and more of what's "on" or "included" with the car. Whether the brakes are unsafe are up for debate - esp if they are off another E class. Brakes can stop the car safely - the larger brakes make the braking more consistent, but not necessarily "safer", or in a shorter distance. Since the brakes appear to have some from the "same" car (weight / size), even though it's slower, they'll still stop the car.
Mercedes acts like an absentee owner - likely some dealer or other idiot changed out the brakes - and possibly never told M-B..... It wouldn't be surprising for a car to be 'altered' as it sat at the dealer waiting to go to auction. I'd find out what dealer worked the buyback and where the car sat as it waited to be sold. I'd be willing to bet that's where the questionable brake swap occurred -and also will wager - MB had no knowledge of that.
Good luck to you.
I AGREE with you on the warranty. If car was sold with the balance of the factory warranty remaining then it should continue. But don't Lemon Law buybacks lose the warranty or at least have it altered? They certainly should not have CHANGED the status after you bought the car at the auction.
My "as-is" statement is less of a warranty statement and more of what's "on" or "included" with the car. Whether the brakes are unsafe are up for debate - esp if they are off another E class. Brakes can stop the car safely - the larger brakes make the braking more consistent, but not necessarily "safer", or in a shorter distance. Since the brakes appear to have some from the "same" car (weight / size), even though it's slower, they'll still stop the car.
Mercedes acts like an absentee owner - likely some dealer or other idiot changed out the brakes - and possibly never told M-B..... It wouldn't be surprising for a car to be 'altered' as it sat at the dealer waiting to go to auction. I'd find out what dealer worked the buyback and where the car sat as it waited to be sold. I'd be willing to bet that's where the questionable brake swap occurred -and also will wager - MB had no knowledge of that.
Good luck to you.
08-05-2009, 06:07 PM
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According to the dealer those brakes had to be modified to fit by sawing the backing plate (whatever that is). They started to come loose in some way in a few short miles from the auction to the dealership and somehow damaged the spindles. I agree 100% with all your last post except that these brakes are safe on this car.
If somebody had done this to the car while I owned it it would be covered by my insurance and the warranty stays the same. If it happened to Mercedes while they owned it why don't they just suck it up and fix it under their insurance now they know it happened?
I have been Googling for attorney's experienced in this kind of law. Again anybody who has a suggestions would be welcomed.
If somebody had done this to the car while I owned it it would be covered by my insurance and the warranty stays the same. If it happened to Mercedes while they owned it why don't they just suck it up and fix it under their insurance now they know it happened?
I have been Googling for attorney's experienced in this kind of law. Again anybody who has a suggestions would be welcomed.
08-05-2009, 06:23 PM
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CLK Black
Wow, what an experience you are having.
I am blown away by how most have jumped on the bandwagon saying this is all Mercedes fault. I am no lawyer but I don't see it that way.
Good luck with the lawyering up.
To me, those pictures tell quite a story. Aftermarket wheels and swaped out brakes. The car probably had it's rims and brakes stolen at some point while it was sitting around.
I seriously doubt the car has been sitting up at MB in Montvale since you seem to have bought it on the west coast. To me this means that it has been sitting at some dealership for as you say 11 months.
The dealer that looked at the car should be able to tell you every MB dealer that has ever touched the car and what they have done to it.
If the car was bought back as a lemon it would have been done at a dealership. That dealer should be good place to start your research to find out what really happened to the car, where it went and what has happened to it while it sat around for 11 months. It sounds like it may have a really good story to tell.
You make this sound like MB was trying to hide something when this car was run through auction. It sounds to me like they disclosed everything. I am sure that MB didn't send someone down from headquarters to inspect the car. It was probably inspected by what ever dealer was holding the car until it was sent to auction.
From what you have described the change from status 6 to status 8 may have come from the dealer that you took the car to when they saw the brakes. They probably called MB and asked if you guys are going to fix this and they said no way and changed the status to 8 as they often do when a major aftermaket modification has been made to a car.
If all sales at the auction were final then the car was sold as is as far as I would be concerned. If I were you, the people I would be talking to are the ones that told you that the brakes may have been a part of some model year change over?!?!?! Are you kidding me? Have they ever seen an AMG before?
If you are going to sue anyone, that is who I would be thinking slapping with a law suit. If they would have done their job, perhaps you wouln not have bought the car.
Seems like you have some research to do. I bet this car has quite a story to tell at some point.
I agree with Uber Wagon. You are acting like MB has done this to you. I don't see it that way at all.
Good luck in this one.
I am blown away by how most have jumped on the bandwagon saying this is all Mercedes fault. I am no lawyer but I don't see it that way.
Good luck with the lawyering up.
To me, those pictures tell quite a story. Aftermarket wheels and swaped out brakes. The car probably had it's rims and brakes stolen at some point while it was sitting around.
I seriously doubt the car has been sitting up at MB in Montvale since you seem to have bought it on the west coast. To me this means that it has been sitting at some dealership for as you say 11 months.
The dealer that looked at the car should be able to tell you every MB dealer that has ever touched the car and what they have done to it.
If the car was bought back as a lemon it would have been done at a dealership. That dealer should be good place to start your research to find out what really happened to the car, where it went and what has happened to it while it sat around for 11 months. It sounds like it may have a really good story to tell.
You make this sound like MB was trying to hide something when this car was run through auction. It sounds to me like they disclosed everything. I am sure that MB didn't send someone down from headquarters to inspect the car. It was probably inspected by what ever dealer was holding the car until it was sent to auction.
From what you have described the change from status 6 to status 8 may have come from the dealer that you took the car to when they saw the brakes. They probably called MB and asked if you guys are going to fix this and they said no way and changed the status to 8 as they often do when a major aftermaket modification has been made to a car.
If all sales at the auction were final then the car was sold as is as far as I would be concerned. If I were you, the people I would be talking to are the ones that told you that the brakes may have been a part of some model year change over?!?!?! Are you kidding me? Have they ever seen an AMG before?
If you are going to sue anyone, that is who I would be thinking slapping with a law suit. If they would have done their job, perhaps you wouln not have bought the car.
Seems like you have some research to do. I bet this car has quite a story to tell at some point.
I agree with Uber Wagon. You are acting like MB has done this to you. I don't see it that way at all.
Good luck in this one.
08-05-2009, 06:49 PM
#37
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To OP,
Just wanted to add that IF you decide to do replace the brakes go with Brembo. Instead of paying almost $9k an a OEM you'll save a few thousands with Brembo.
Just wanted to add that IF you decide to do replace the brakes go with Brembo. Instead of paying almost $9k an a OEM you'll save a few thousands with Brembo.
08-05-2009, 07:01 PM
#38
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I seriously doubt the car has been sitting up at MB in Montvale since you seem to have bought it on the west coast. To me this means that it has been sitting at some dealership for as you say 11 months.
True, but I can't get them to tell me which dealership that was, probably in California.
The dealer that looked at the car should be able to tell you every MB dealer that has ever touched the car and what they have done to it.
That is exactly what the local dealer said too. But this work is not in the record. And my local dealer says that whoever did this was highly unethical.
If the car was bought back as a lemon it would have been done at a dealership. That dealer should be good place to start your research to find out what really happened to the car, where it went and what has happened to it while it sat around for 11 months. It sounds like it may have a really good story to tell.
Not sure how to get them to tell me who that is. Perhaps that information is also missing from the record.
You make this sound like MB was trying to hide something when this car was run through auction. It sounds to me like they disclosed everything. I am sure that MB didn't send someone down from headquarters to inspect the car. It was probably inspected by what ever dealer was holding the car until it was sent to auction.
But since Mercedes was the owner and seller, I believe they are ultimately responsible for the actions and omissions of it's agents during the time they had title.
From what you have described the change from status 6 to status 8 may have come from the dealer that you took the car to when they saw the brakes. They probably called MB and asked if you guys are going to fix this and they said no way and changed the status to 8 as they often do when a major aftermarket modification has been made to a car.
Exactly right but when their own dealer does this to the car while they owned it, and then hides the information from the record, don't you think it a little unfair to invalidate the whole car that I hadn't even driven for one day?
True, but I can't get them to tell me which dealership that was, probably in California.
The dealer that looked at the car should be able to tell you every MB dealer that has ever touched the car and what they have done to it.
That is exactly what the local dealer said too. But this work is not in the record. And my local dealer says that whoever did this was highly unethical.
If the car was bought back as a lemon it would have been done at a dealership. That dealer should be good place to start your research to find out what really happened to the car, where it went and what has happened to it while it sat around for 11 months. It sounds like it may have a really good story to tell.
Not sure how to get them to tell me who that is. Perhaps that information is also missing from the record.
You make this sound like MB was trying to hide something when this car was run through auction. It sounds to me like they disclosed everything. I am sure that MB didn't send someone down from headquarters to inspect the car. It was probably inspected by what ever dealer was holding the car until it was sent to auction.
But since Mercedes was the owner and seller, I believe they are ultimately responsible for the actions and omissions of it's agents during the time they had title.
From what you have described the change from status 6 to status 8 may have come from the dealer that you took the car to when they saw the brakes. They probably called MB and asked if you guys are going to fix this and they said no way and changed the status to 8 as they often do when a major aftermarket modification has been made to a car.
Exactly right but when their own dealer does this to the car while they owned it, and then hides the information from the record, don't you think it a little unfair to invalidate the whole car that I hadn't even driven for one day?
08-05-2009, 08:59 PM
#39
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True, but I can't get them to tell me which dealership that was, probably in California.
Your dealership can look up the records and see where it was returned. You could also get that info from MB Finance.
But this work is not in the record. And my local dealer says that whoever did this was highly unethical.
Of course it isn't on the record, but the stay of the car there is. They must document inspections, etc.
Not sure how to get them to tell me who that is. Perhaps that information is also missing from the record.
Wrong. It is not missing. You need to focus on getting it rather than getting MB to take on an act of vandalism that happened at a dealership.
But since Mercedes was the owner and seller, I believe they are ultimately responsible for the actions and omissions of it's agents during the time they had title.
Again, WRONG. The dealership is not their agent. This is done as a contract job and the dealership is reimbursed for their expenses. As with any outsourced jobs, the Contractor is who is ultimately liable and that would be the dealer in this case.
Exactly right but when their own dealer does this to the car while they owned it, and then hides the information from the record, don't you think it a little unfair to invalidate the whole car that I hadn't even driven for one day?
Your dealership can look up the records and see where it was returned. You could also get that info from MB Finance.
But this work is not in the record. And my local dealer says that whoever did this was highly unethical.
Of course it isn't on the record, but the stay of the car there is. They must document inspections, etc.
Not sure how to get them to tell me who that is. Perhaps that information is also missing from the record.
Wrong. It is not missing. You need to focus on getting it rather than getting MB to take on an act of vandalism that happened at a dealership.
But since Mercedes was the owner and seller, I believe they are ultimately responsible for the actions and omissions of it's agents during the time they had title.
Again, WRONG. The dealership is not their agent. This is done as a contract job and the dealership is reimbursed for their expenses. As with any outsourced jobs, the Contractor is who is ultimately liable and that would be the dealer in this case.
Exactly right but when their own dealer does this to the car while they owned it, and then hides the information from the record, don't you think it a little unfair to invalidate the whole car that I hadn't even driven for one day?
You have a problem and have to be realistic. You MUST prove or have adequate paper trail for anything good to come of this. Set your feelings aside and look for a way to document that this is something that the dealership should fix.
For example, as lemon law cars are returned they are actually given to a third party arbitrator. That transaction is done at the dealership but again the documentation is from a third party (typically Impartial Services Group). The car is FULLY inspected when it is returned and BEFORE it goes to just sit. This inspection is often done by the used car sales manager of a dealership or someone with similar authority. Then, the car will either sit or have certain work done and is basically prepped for auction, where it again gets a pre-sale inspection.
I ramble because I believe you may be able to find those inspection documents and the theory is that the initial one will not mention aftermarket rims or brakes. That will show that the car was returned intact. The pre-sale inspection obviously shows the aftermarket brakes so that will show that the brakes were altered at the dealership. Once you present this, they will go look into it, fire the guy that washes cars, throw on a used (refurbished) set of brakes on it and change your status back to 6.
Differences between status 6 and 8 are minimal in your case. You were flagged for the brakes and you do not mod the car. If it needs AC repairs, the phone call will need to go to MB's local service rep, but you will likely get that covered.
In the end, you bought a lemon and I hope you saved a load over a normal CPO. I would try to get MB to fix the brakes and status 8 and be right back at auction selling it.
08-05-2009, 10:04 PM
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A very good post and I will press as hard as I can for that dealer identity. Perhaps one of you reading this has a friend who can look at that VIN and get it since the local dealer has so far been ignoring my requests for the dealer history.
Do you think I have a chance to get the dealership who had custody of the car when this happened to step up and take responsibility? What could I do to compel him to do so?
All I have been asking of Mercedes is to work with me to fix the brakes, and to restore the warranty status to 6. I would have thought that Mercedes would have the leverage over the dealer who had the car when it happened. Mercedes just doesn't seem to have any interest in helping me or pursuing this matter. My local dealer has tried short of putting his own neck on the block. The members here have been far more helpful than anybody and have offered several good ideas. Yes I need to get realistic, and these posts put my thinking through a good acid test.
Do you think I have a chance to get the dealership who had custody of the car when this happened to step up and take responsibility? What could I do to compel him to do so?
All I have been asking of Mercedes is to work with me to fix the brakes, and to restore the warranty status to 6. I would have thought that Mercedes would have the leverage over the dealer who had the car when it happened. Mercedes just doesn't seem to have any interest in helping me or pursuing this matter. My local dealer has tried short of putting his own neck on the block. The members here have been far more helpful than anybody and have offered several good ideas. Yes I need to get realistic, and these posts put my thinking through a good acid test.
08-06-2009, 08:07 AM
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CLK Black
A very good post and I will press as hard as I can for that dealer identity. Perhaps one of you reading this has a friend who can look at that VIN and get it since the local dealer has so far been ignoring my requests for the dealer history.
Do you think I have a chance to get the dealership who had custody of the car when this happened to step up and take responsibility? What could I do to compel him to do so?
All I have been asking of Mercedes is to work with me to fix the brakes, and to restore the warranty status to 6. I would have thought that Mercedes would have the leverage over the dealer who had the car when it happened. Mercedes just doesn't seem to have any interest in helping me or pursuing this matter. My local dealer has tried short of putting his own neck on the block. The members here have been far more helpful than anybody and have offered several good ideas. Yes I need to get realistic, and these posts put my thinking through a good acid test.
Do you think I have a chance to get the dealership who had custody of the car when this happened to step up and take responsibility? What could I do to compel him to do so?
All I have been asking of Mercedes is to work with me to fix the brakes, and to restore the warranty status to 6. I would have thought that Mercedes would have the leverage over the dealer who had the car when it happened. Mercedes just doesn't seem to have any interest in helping me or pursuing this matter. My local dealer has tried short of putting his own neck on the block. The members here have been far more helpful than anybody and have offered several good ideas. Yes I need to get realistic, and these posts put my thinking through a good acid test.
I don't believe that they have not looked at this data already with all of the issues the car has.
Someone is hiding something!
Your beef here is with one of the dealers that is involved with this car, your job should be to stop posting on here and go find the dealer.
08-06-2009, 11:31 AM
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Permission to ask another question please. I was given a printout early on that identifies the "Selling Dealer" as "05171". Theoretically they may have been the one who had to buy the car back for Mercedes. Can anybody here tell me who that is?
08-06-2009, 12:20 PM
#43
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2004 E55 AMG; 1995 Porsche 993 Cab.
Mercedes Benz of Encino?
http://www.mbencino.com
I just called and confirmed this with "Greg" in internet sales
http://www.mbencino.com
I just called and confirmed this with "Greg" in internet sales
Last edited by D Bst; 08-06-2009 at 12:27 PM.
08-06-2009, 12:31 PM
#44
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What about the pre and post inspection at the auction, etc..? I find it somewhat difficult to understand that nobody looked at this car when it was being auctioned. If it was tagged "aftermarket brakes" didn't ANYBODY look at them? Surely the tiny rotors would be the first signal. You even mentioned the shop foreman immediately noticed it after you bought it (and by just looking at it and without even inspecting it.)
You did mentioned a dealer said maybe it was a "transition" and they didn't mark them "AMG" on the calipers. But wasn't that after you bought the car?
And you said the bidding was so high because it was perfect. Despite it being lemon tagged, "aftermarket brakes" etc.? And that it compared well to others in the same condition. Why not just buy one of the others? You hint that you didn't even get that great a deal with this one.
What did you pay for it? You knew you got a lemon buyback so you must have made a great deal esp at auction. And knowing you'll never be able to re-sell it with the tag, maybe just buy new brakes, get the warranty changed back and call it a day.
(ps, why didn't you buy your leased E63? Just curious.)
I have a feeling that there's more to this story.
And I'm thinking MBUSA stayed within legal limits on this one. Or, simply don't know the whole story themselves.
Anyway, good luck. Hope you get it resolved.
08-06-2009, 01:07 PM
#45
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2004 E55 AMG; 1995 Porsche 993 Cab.
Looking at the buyback report.
Issue 12 states "Vibration on quick braking" and also that "Under California law, the manufacturer must warrant to you, for a one year period, that the vehicle is free of the problem(s) listed below".
Seems they need to step up to the plate, or you get the CA DMV involved, as they are clearly not upholding their legal obligations.
Issue 12 states "Vibration on quick braking" and also that "Under California law, the manufacturer must warrant to you, for a one year period, that the vehicle is free of the problem(s) listed below".
Seems they need to step up to the plate, or you get the CA DMV involved, as they are clearly not upholding their legal obligations.
08-06-2009, 06:37 PM
#46
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Porsche 991S, Cayenne S, 1972 BMW 3.0CS E9 Coupe
Looking at the buyback report.
Issue 12 states "Vibration on quick braking" and also that "Under California law, the manufacturer must warrant to you, for a one year period, that the vehicle is free of the problem(s) listed below".
Seems they need to step up to the plate, or you get the CA DMV involved, as they are clearly not upholding their legal obligations.
Issue 12 states "Vibration on quick braking" and also that "Under California law, the manufacturer must warrant to you, for a one year period, that the vehicle is free of the problem(s) listed below".
Seems they need to step up to the plate, or you get the CA DMV involved, as they are clearly not upholding their legal obligations.
08-06-2009, 07:06 PM
#47
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2006 E55 Wagon (RIP), 2019 E63S Wagon (Sold) 2023 AMG GT634S
From whom did you actually purchase the car? Since you are not a dealer, you had to have a dealer buy the car "for" you and then sell it to you. You likely have no cause of action against Mercedes as you did not participate in a transaction with M-B, nor did you participate in one with Manhiem.
While I agree that bad things happened to this car, and ultimately, MB might go after whomever was storing the car for them or preparing the car for auction, I think you'll be left in the cold.
While I agree that bad things happened to this car, and ultimately, MB might go after whomever was storing the car for them or preparing the car for auction, I think you'll be left in the cold.
08-06-2009, 08:43 PM
#48
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An update and some clarification.
Mercedes Benz of Encino was indeed the selling dealer and facilitated the buyback. They have no record of the wheels, tire, brakes, rotors and calipers being changed on the car when they had it. They claim that the mileage on the car when they last worked on it on June 30, 2008 was about 130 miles less then when I bought it two weeks ago. They also say that shortly after the buyback Mercedes picks the car up with a car carrier and takes it to a storage compound in Rancho Cucamonga where all the new technicians get trained. Good chance that the brake theft/swap happened there. Perhaps some techs in training could have found some parts to cobble on to the car to make the swap go unnoticed.
My business partner (and friend) has a small high end used car dealership which gives him “dealer” status to buy at the Manheim auctions. He does no service and just passes the cars I want through to me at his cost. I took the car to a local Mercedes-Benz dealership who does do service but has nothing to do with my acquisition through my dealer friend. I think I have a legal strategy that will work pretty well to deal with that. Furthermore, the fact that Mercedes–Benz was compelled to change the warranty status after their dealer inspected the car indicates that they didn’t know what the brakes were that they also supposedly adequately disclosed. Hard for them to argue it both ways.
I have been advised to give Mercedes an ultimatum with three choices:
1. Repair and replace the brakes with suitable “aftermarket” brakes or OEM for that car and restore the warranty to what is was at the time of my purchase.
2. Rescind the sale and refund my purchase price.
3. Do nothing and I will sell it again in its present condition at Manheim and pursue Mercedes for my damages.
I would think they should be interested in figuring out what the heck is going on at their Rancho Cucamonga training compound. Perhaps this isn’t the only car that had some aftermarket work done to it. If it affects safety again it might cost them a lot more than my matter ever will.
Mercedes Benz of Encino was indeed the selling dealer and facilitated the buyback. They have no record of the wheels, tire, brakes, rotors and calipers being changed on the car when they had it. They claim that the mileage on the car when they last worked on it on June 30, 2008 was about 130 miles less then when I bought it two weeks ago. They also say that shortly after the buyback Mercedes picks the car up with a car carrier and takes it to a storage compound in Rancho Cucamonga where all the new technicians get trained. Good chance that the brake theft/swap happened there. Perhaps some techs in training could have found some parts to cobble on to the car to make the swap go unnoticed.
My business partner (and friend) has a small high end used car dealership which gives him “dealer” status to buy at the Manheim auctions. He does no service and just passes the cars I want through to me at his cost. I took the car to a local Mercedes-Benz dealership who does do service but has nothing to do with my acquisition through my dealer friend. I think I have a legal strategy that will work pretty well to deal with that. Furthermore, the fact that Mercedes–Benz was compelled to change the warranty status after their dealer inspected the car indicates that they didn’t know what the brakes were that they also supposedly adequately disclosed. Hard for them to argue it both ways.
I have been advised to give Mercedes an ultimatum with three choices:
1. Repair and replace the brakes with suitable “aftermarket” brakes or OEM for that car and restore the warranty to what is was at the time of my purchase.
2. Rescind the sale and refund my purchase price.
3. Do nothing and I will sell it again in its present condition at Manheim and pursue Mercedes for my damages.
I would think they should be interested in figuring out what the heck is going on at their Rancho Cucamonga training compound. Perhaps this isn’t the only car that had some aftermarket work done to it. If it affects safety again it might cost them a lot more than my matter ever will.
08-06-2009, 09:59 PM
#49
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Porsche 991S, Cayenne S, 1972 BMW 3.0CS E9 Coupe
An update and some clarification.
Mercedes Benz of Encino was indeed the selling dealer and facilitated the buyback. They have no record of the wheels, tire, brakes, rotors and calipers being changed on the car when they had it. They claim that the mileage on the car when they last worked on it on June 30, 2008 was about 130 miles less then when I bought it two weeks ago. They also say that shortly after the buyback Mercedes picks the car up with a car carrier and takes it to a storage compound in Rancho Cucamonga where all the new technicians get trained. Good chance that the brake theft/swap happened there. Perhaps some techs in training could have found some parts to cobble on to the car to make the swap go unnoticed.
My business partner (and friend) has a small high end used car dealership which gives him “dealer” status to buy at the Manheim auctions. He does no service and just passes the cars I want through to me at his cost. I took the car to a local Mercedes-Benz dealership who does do service but has nothing to do with my acquisition through my dealer friend. I think I have a legal strategy that will work pretty well to deal with that. Furthermore, the fact that Mercedes–Benz was compelled to change the warranty status after their dealer inspected the car indicates that they didn’t know what the brakes were that they also supposedly adequately disclosed. Hard for them to argue it both ways.
I have been advised to give Mercedes an ultimatum with three choices:
1. Repair and replace the brakes with suitable “aftermarket” brakes or OEM for that car and restore the warranty to what is was at the time of my purchase.
2. Rescind the sale and refund my purchase price.
3. Do nothing and I will sell it again in its present condition at Manheim and pursue Mercedes for my damages.
I would think they should be interested in figuring out what the heck is going on at their Rancho Cucamonga training compound. Perhaps this isn’t the only car that had some aftermarket work done to it. If it affects safety again it might cost them a lot more than my matter ever will.
Mercedes Benz of Encino was indeed the selling dealer and facilitated the buyback. They have no record of the wheels, tire, brakes, rotors and calipers being changed on the car when they had it. They claim that the mileage on the car when they last worked on it on June 30, 2008 was about 130 miles less then when I bought it two weeks ago. They also say that shortly after the buyback Mercedes picks the car up with a car carrier and takes it to a storage compound in Rancho Cucamonga where all the new technicians get trained. Good chance that the brake theft/swap happened there. Perhaps some techs in training could have found some parts to cobble on to the car to make the swap go unnoticed.
My business partner (and friend) has a small high end used car dealership which gives him “dealer” status to buy at the Manheim auctions. He does no service and just passes the cars I want through to me at his cost. I took the car to a local Mercedes-Benz dealership who does do service but has nothing to do with my acquisition through my dealer friend. I think I have a legal strategy that will work pretty well to deal with that. Furthermore, the fact that Mercedes–Benz was compelled to change the warranty status after their dealer inspected the car indicates that they didn’t know what the brakes were that they also supposedly adequately disclosed. Hard for them to argue it both ways.
I have been advised to give Mercedes an ultimatum with three choices:
1. Repair and replace the brakes with suitable “aftermarket” brakes or OEM for that car and restore the warranty to what is was at the time of my purchase.
2. Rescind the sale and refund my purchase price.
3. Do nothing and I will sell it again in its present condition at Manheim and pursue Mercedes for my damages.
I would think they should be interested in figuring out what the heck is going on at their Rancho Cucamonga training compound. Perhaps this isn’t the only car that had some aftermarket work done to it. If it affects safety again it might cost them a lot more than my matter ever will.
I would have never posted on a public forum. I would have just pursued it on my own thru legal channels. But that's just me.
There are a lot of assumptions running around, e.g., that the techs in RC did the deed. But you don't really know that. I know you're angry at MBUSA but I personally wouldn't point fingers publicly. Again, that's just me.
This will probably be one of those "he did that, no they did that," sort of episodes. But I'm willing to bet that MBUSA will try to get it figured out in the end. I think you'll be surprised at the final outcome.
I'm sure you got a super deal at the auction. You take the risks and sometimes you win, sometimes you don't.
Good luck and enjoy the car when the dust settles.
08-07-2009, 01:24 PM
#50
Super Member
They also say that shortly after the buyback Mercedes picks the car up with a car carrier and takes it to a storage compound in Rancho Cucamonga where all the new technicians get trained. Good chance that the brake theft/swap happened there. Perhaps some techs in training could have found some parts to cobble on to the car to make the swap go unnoticed. I would think they should be interested in figuring out what the heck is going on at their Rancho Cucamonga training compound. Perhaps this isn’t the only car that had some aftermarket work done to it. If it affects safety again it might cost them a lot more than my matter ever will.
