W211 AMG Discuss the W211 AMG's such as the E55 and the E63
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Old 08-03-2009, 09:20 PM
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Did I get taken?

I am a previous E63 lessee having just turned in my car I decided that I needed to have another one. I purchased a used E63 with 15,000 miles from a wholesale auction being marketed by MBUSA as a California Lemon Law buyback. This car came with a vehicle condition report giving it a perfect 5.0 condition rating as well as a detailed three page disclosure detailing all the items that had been complained about and what Mercedes had done to repair them. Most centered on the transmission shifting issues and the repairs had been done just as they had done on my previous E63. No mention of any brake issue except that the brake pads had been replaced. The general information noted that the car had “aftermarket brakes” and the car was not being sold in an “as-is” condition, but instead with a caution that it would have a branded title noting the Lemon Buyback. I contacted my local dealership and they researched the VIN, saw nothing exceptional other than the transmission issue already disclosed, and confirmed that the car had a warranty status 6 which is typical for Lemon Law cars. As such the car was to have two years and 35,000 miles left on its new car warranty. The AutoCheck showed the car being in MBUSA’s name since the buyback in September 2008.
We were the high bidder and we drove the car back late afternoon and noticed unusual sounds from the front end and poor braking power. I took the car into the local dealership the very next morning where the shop foreman immediately notices serious issues within the parking lot. After two days they contacted me back, told me somebody had probably stolen the brakes off the car and had replaced with new E320 brakes that had to be cut and modified to fit and that one had already come loose causing further damage and noise. Nothing was in their vehicle history about this and they wondered from who I had bought it. They said I need to spend $9,000 to correct this unsafe condition and that my warranty was now changed to status 8 which the dealer says is virtually no warranty. I complained to MB customer service and they said tough, it was my car now, and that such was properly disclosed under the comment that it had aftermarket brakes.

I would welcome any feedback and would like to know the following:
1. What is the practical difference between status 6 and status 8? MB says virtually the same, “it is internal matter”.
2. Do you think “aftermarket brakes” is a proper disclosure for my unsafe hacked E320 system?
3. Should MBUSA sell a car at all that has such a braking system that they now say is unsafe, yet properly disclosed as “aftermarket”?
4. When MBUSA says there is nothing that they will do for me, it is my car now, is there a higher level review or consideration possible?
5. Does such tactics constitute bad faith?

I was lulled by my faith in my perception of Mercedes Benz being a stand up manufacturer. I feel like I just got taken by an unscrupulous used car dealer, not by Mercedes Benz USA.

I am perhaps naively hoping that somebody from MBUSA will recognize the blatant injustice and liability of selling a car with unsafe braking system under the guise of being “aftermarket”. To then revoke the warranty for what they had just sold me seems brutal in the least. Suggestions?
Old 08-03-2009, 09:46 PM
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get a lawyer man.
Old 08-03-2009, 10:08 PM
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Originally Posted by prodigymb
get a lawyer man.
+2...and don't be a squeaky wheel...BE louder...more like having a bullhorn in a church. MB proper and your local MB dealer probably won't move unless you create enough bad press (local investigative reporter etc...), stink in the sales floor, or threats of picketing.

Trust me...I've been there. My car had a tore up block from what they said were the mods I had on the car and they flagged my car as Status 8. I said fine...I want my car fixed (i.e. engine rebuilt) but by someone else. They initially refused to give back my car unless I pay for the labor to take apart the engine to diagnose the problem even though I did not sign anything with regard to the "work" they did in diagnosing the problem...

I protested to the service manager, then went to the dealer manager in the lobby, then left yelling at them that I was writing a complaint to the regional MB office with a copy to the local news station and that I would be across the street picketing the dealership until I got the car back.

They relented the next day and told me I could pick up the car...

My main point here is that there is time to be a nice guy and not get mad...this is not one of them. A lawyer is fine but it may cost you more than $9000 to get this resolve if you do not win the case...

PS...Status in my case is that anything to do with my engine, transmission, driveline, suspension would more than likely not be covered (ok no chance) but if I had a problem say with my AC or COMAND it would be covered BUT only with approval from the MB regional office. This was my understanding of Status 8.
Old 08-03-2009, 10:17 PM
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not to be rude, but did you not notice the absence of non amg brakes. seems like you did you research on paper and not in person
Old 08-03-2009, 10:41 PM
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Not rude at all, but a fair question. I asked the dealer why no AMG logo on the calipers and they said it was probably just a “mid-year production change”, not to worry as such things would have to be logged in the vehicle history system. My hindsight is now 20-15 and I would not have accepted that answer even with the disclosure. I just got caught up with how much I liked that car and its apparent perfect condition. In fact other dealer bidders got the price up to higher than what was expected.

I didn’t buy from the servicing dealership, but from MB USA at their local wholesale auction. Can’t blame the dealer for this as they seem to be very supportive but they cannot fix for free what Mercedes refuses to pay for. They are surprised by MB USA’s stance. They were surprised that Mercedes would sell a vehicle that had this done to it. And they are surprised that none of this is noted in their system. My guess is that while the buyback sat at the original dealer somewhere in California, some thieves stripped the wheels and AMG brakes off of it. That dealer, being responsible for what was MB USA property, may have hacked this makeshift system on it not telling Mercedes. The local dealer tells me the “protective paint” is still on the components, and there is no rust on where they sawed the back plate, so the hack had to of happened recently (under MB ownership last 10 months).

Anybody have a good used genuine AMG brake system for a E63 they want to sell? Anybody knows where to beg for some justice higher up in the organization?
Old 08-04-2009, 12:18 AM
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Wow, that is just dirty. Your brakes were incorrect, not "aftermarket". I was looking at buying through a broker and they were going to charge me for an after purchase inspection. They said it would help if something like this happened. Did you have an inspection done at the auction?
Old 08-04-2009, 02:49 AM
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Unfortunately I skipped the at auction post inspection since they had provided a pre-inspection report. I thought I would just take it to Mercedes Benz dealer anyway for any issues since it was under warranty. Had I let Manheim inspect it again it might have given me more sway with them. Nevertheless, Mercedes has taken the position that a simple footnote stating the car has “aftermarket brakes” is sufficient notice to absolve them of all responsibility for what brakes are on there. I might have had the same treatment even if Manheim did pay Manhiem to inspect it right there. I have the feeling that Mercedes, who sells hundreds of cars through them every month in Las Vegas, has a much bigger business relationship with Manheim than any dealer ever would. Manhiem’s so called arbitrator says there is nothing he can do because Mercedes won’t budge.
Old 08-04-2009, 03:07 AM
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Sorry to hear this...Any pix of this butchery?

Originally Posted by PerryLV
Not rude at all, but a fair question. I asked the dealer why no AMG logo on the calipers and they said it was probably just a “mid-year production change”, not to worry as such things would have to be logged in the vehicle history system. My hindsight is now 20-15 and I would not have accepted that answer even with the disclosure. I just got caught up with how much I liked that car and its apparent perfect condition. In fact other dealer bidders got the price up to higher than what was expected.

I didn’t buy from the servicing dealership, but from MB USA at their local wholesale auction. Can’t blame the dealer for this as they seem to be very supportive but they cannot fix for free what Mercedes refuses to pay for. They are surprised by MB USA’s stance. They were surprised that Mercedes would sell a vehicle that had this done to it. And they are surprised that none of this is noted in their system. My guess is that while the buyback sat at the original dealer somewhere in California, some thieves stripped the wheels and AMG brakes off of it. That dealer, being responsible for what was MB USA property, may have hacked this makeshift system on it not telling Mercedes. The local dealer tells me the “protective paint” is still on the components, and there is no rust on where they sawed the back plate, so the hack had to of happened recently (under MB ownership last 10 months).

Anybody have a good used genuine AMG brake system for a E63 they want to sell? Anybody knows where to beg for some justice higher up in the organization?
+1,000 Raise hell!

A good friend of mine bought a used MB from well known Southern, CA. dealership they gave him Carfax which stated it was clean, long story short it wasn't complete, a full Carfax report showed it was branded prior Taxi from Las Vegas he took it back next day for a full refund from the General Manager. You wouldn't believe the doosy the Salesman told him when confronted over the phn, I went w/him the next day for refund, the original Salesman wouldn't come near us, these guys can be ruthless...
Old 08-04-2009, 03:08 AM
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I hope you paid way way way under MMR for that E63...

You can always take your chances and host it back up on Manheim, only losing a few hundred dollars for posting fee's.

Check car-parts.com and see if you can find the replacement parts you need. Its better then paying full price from a dealer quote.

Keep us posted...
Old 08-04-2009, 04:09 AM
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Originally Posted by PerryLV
Unfortunately I skipped the at auction post inspection since they had provided a pre-inspection report. I thought I would just take it to Mercedes Benz dealer anyway for any issues since it was under warranty. Had I let Manheim inspect it again it might have given me more sway with them. Nevertheless, Mercedes has taken the position that a simple footnote stating the car has “aftermarket brakes” is sufficient notice to absolve them of all responsibility for what brakes are on there. I might have had the same treatment even if Manheim did pay Manhiem to inspect it right there. I have the feeling that Mercedes, who sells hundreds of cars through them every month in Las Vegas, has a much bigger business relationship with Manheim than any dealer ever would. Manhiem’s so called arbitrator says there is nothing he can do because Mercedes won’t budge.
I believe you may have a strong foothold here, as we're talking about a high-end perf vehicle E63 AMG sold w/extremely substandard Entry level Rotors/Calipers it's a major liability to the occupants & other motorist/pedestrians.

If it was a simple comparable high perf alternative aftermarket braking solution the point would be moot, but it isn't. A heavy high perf vehicle saddled w/E350 Rotors/Calipers then sold as an E63 was criminal... The entire vehicle purchase price should be easily awarded here w/proper legal representation
Mercedes has taken the position that a simple footnote stating the car has “aftermarket brakes” is sufficient notice to absolve them of all responsibility
Untrue, they are NOT simple aftermarket brakes, but very inadequate entry level E350 brakes that originally belonged to a much lighter much less HP vehicle from their MB lineup!

If you solely push these key valid points to main players involved, they may start to realize the huge liability they've created & passed along to you. Mention the advertised dif for both E63 stopping distances vs E350 stopping distances vehicle weights/HP/TQ etc...
Old 08-04-2009, 05:11 AM
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any car that is deemed perfect by MB goes to dealer auction and gets put into a MB dealership as a preowned certified . When the car does not meet MB grading it goes to regular auction.
Old 08-04-2009, 07:25 AM
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Sounds like you have an excellent case for pressuring the dealer, contacting MB USA headquarters, and more. That you're a return customer who was treated like a 2nd class citizen strengthens your case.

Raise hell!!
Old 08-04-2009, 07:29 AM
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Talk to a lawyer. You're wasting time posting this question here.
Old 08-04-2009, 07:47 AM
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Did all this really happen? It sounds contrived (made-up) to me.
Old 08-04-2009, 08:26 AM
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Originally Posted by PerryLV
I am a previous E63 lessee having just turned in my car I decided that I needed to have another one. I purchased a used E63 with 15,000 miles from a wholesale auction being marketed by MBUSA as a California Lemon Law buyback. This car came with a vehicle condition report giving it a perfect 5.0 condition rating as well as a detailed three page disclosure detailing all the items that had been complained about and what Mercedes had done to repair them. Most centered on the transmission shifting issues and the repairs had been done just as they had done on my previous E63. No mention of any brake issue except that the brake pads had been replaced. The general information noted that the car had “aftermarket brakes” and the car was not being sold in an “as-is” condition, but instead with a caution that it would have a branded title noting the Lemon Buyback. I contacted my local dealership and they researched the VIN, saw nothing exceptional other than the transmission issue already disclosed, and confirmed that the car had a warranty status 6 which is typical for Lemon Law cars. As such the car was to have two years and 35,000 miles left on its new car warranty. The AutoCheck showed the car being in MBUSA’s name since the buyback in September 2008.
We were the high bidder and we drove the car back late afternoon and noticed unusual sounds from the front end and poor braking power. I took the car into the local dealership the very next morning where the shop foreman immediately notices serious issues within the parking lot. After two days they contacted me back, told me somebody had probably stolen the brakes off the car and had replaced with new E320 brakes that had to be cut and modified to fit and that one had already come loose causing further damage and noise. Nothing was in their vehicle history about this and they wondered from who I had bought it. They said I need to spend $9,000 to correct this unsafe condition and that my warranty was now changed to status 8 which the dealer says is virtually no warranty. I complained to MB customer service and they said tough, it was my car now, and that such was properly disclosed under the comment that it had aftermarket brakes.

I would welcome any feedback and would like to know the following:
1. What is the practical difference between status 6 and status 8? MB says virtually the same, “it is internal matter”.
2. Do you think “aftermarket brakes” is a proper disclosure for my unsafe hacked E320 system?
3. Should MBUSA sell a car at all that has such a braking system that they now say is unsafe, yet properly disclosed as “aftermarket”?
4. When MBUSA says there is nothing that they will do for me, it is my car now, is there a higher level review or consideration possible?
5. Does such tactics constitute bad faith?

I was lulled by my faith in my perception of Mercedes Benz being a stand up manufacturer. I feel like I just got taken by an unscrupulous used car dealer, not by Mercedes Benz USA.

I am perhaps naively hoping that somebody from MBUSA will recognize the blatant injustice and liability of selling a car with unsafe braking system under the guise of being “aftermarket”. To then revoke the warranty for what they had just sold me seems brutal in the least. Suggestions?
Research the Fair Trade Commission web site and file an on-line complaint. Be specific, name names, times etc. don't be deragatory or condescending. Suggest a solution to your problem and offer to work with whomever can make this right for you. Take a copy of your complaint to the dealer and let MBUSA know you've taken this action. You will be surprised at the reaction and attention a formal complaint receives. For example, I filed a complaint against Comcast with the FCC and got my issues resolved very quickly. Good luck!
Old 08-04-2009, 08:39 AM
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Check the fs section someone is selling brakes for an e55 they will work on your car. You may have to buy new rotors since the 63s have different ones.
Old 08-04-2009, 10:42 AM
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I hope you paid way way way under MMR for that E63...
You can always take your chances and host it back up on Manheim, only losing a few hundred dollars for posting fee's.

No, unfortunately the bidding went a little high on that vehicle since it was rated a 5.0 perfect condition and looked so good. I paid a couple thousand under MMR for similar mileage/condition E63s. If I resold it I would now have to disclose that the warranty has been downgraded and that it has a unsafe braking system made for a different car. I’d bet I would take a huge hit.

I believe you may have a strong foothold here, as we're talking about a high-end perf vehicle E63 AMG sold w/extremely substandard Entry level Rotors/Calipers it's a major liability to the occupants & other motorist/pedestrians. If it was a simple comparable high perf alternative aftermarket braking solution the point would be moot, but it isn't. A heavy high perf vehicle saddled w/E350 Rotors/Calipers then sold as an E63 was criminal... The entire vehicle purchase price should be easily awarded here w/proper legal representation.
Exactly! That is why I am frightened to even sell it with this on it now that I know. So where do I find such proper legal representation? This seems to be a very specialized area of the law and I don’t want to pay an attorney to go to school on my checkbook.

any car that is deemed perfect by MB goes to dealer auction and gets put into a MB dealership as a preowned certified . When the car does not meet MB grading it goes to regular auction.
Lemon-Law buybacks certainly can’t be “certified” but when from California where the law is very consumer friendly and easily exercised, are often pretty good cars that have been totally repaired. That is how this car was “disclosed” by MBUSA, all issue repaired but no mention of E320 brakes.

Did all this really happen? It sounds contrived (made-up) to me.
Oh I wish it was made up. I have been in disbelief that they would do this and now take this position. Even the local servicing dealer is surprised by their stance. I really don’t know who else to approach in the MB organization.

Research the Fair Trade Commission web site and file an on-line complaint.
Great suggestion and the kind of answer I am looking for. Even better if anybody know where I can penetrate the MB organization at a higher level I am still hoping I can convince somebody reasonable there to fix the car quickly, and restore the warranty to what it was when they sold it to me 10 days ago.
Old 08-04-2009, 12:32 PM
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Originally Posted by PerryLV

Did all this really happen? It sounds contrived (made-up) to me.
Oh I wish it was made up. I have been in disbelief that they would do this and now take this position. Even the local servicing dealer is surprised by their stance. I really don’t know who else to approach in the MB organization.

Do you have any evidence you can show us?
Old 08-04-2009, 01:23 PM
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I have much evidence and welcome this board’s help:

Pictures
The 5.0 perfect condition pre-inspection report
The AutoCheck report
The California Buyback Disclosure from MBUSA (details what was complained about and fixed by MBUSA)
The estimate to repair from the dealer
Emails from the dealer describing what had been done to the brakes and how the warranty status is now an 8.
I have notes from my conversations with the customer service guy from MBUSA in New Jersey who tells me it is my car now, and I miss-interpreted what “aftermarket brakes” means.

I need to convert the above to pdfs or jpg in order to post all these. I know it seems unbelievable but it is all as I have described. If nothing else, maybe somebody will avoid for themselves, what has happened to me.

Some of the emails and the repair estimate is attached.
Attached Files
File Type: pdf
MB Henderson #1.pdf (11.4 KB, 257 views)
File Type: pdf
MB Henderson #2.pdf (39.4 KB, 463 views)
File Type: pdf
MB Henderson #3.pdf (13.6 KB, 359 views)
File Type: pdf
MB Henderson #4.pdf (43.7 KB, 418 views)
File Type: pdf
ESTIMATES SHEETS.pdf (9.9 KB, 254 views)
Old 08-04-2009, 02:20 PM
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Here are some photos, the Manheim condition report, and the "California Warranty Buyback Notice".
Attached Thumbnails Did I get taken?-side-view.jpg   Did I get taken?-frontwheel.jpg   Did I get taken?-rearwheel.jpg  
Attached Files
Old 08-04-2009, 02:50 PM
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Wow - that's just wrong on so many levels . . . I hope you get this resolved - sorry to hear about your situation.
Old 08-04-2009, 03:39 PM
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If the level-6 warranty was provided while the "aftermarket" brakes were already on the car with the seller/warranty provider's knowledge, then you can at the very least still keep the warranty status at 6. They can't just act like they found out about it after they sold it to you, and then decide to go status-8 on you. For comparison, it would be like you driving a car off a lot and it dies 1/2 block away. The dealer finds out there was sugar in the gas tank and voids your warranty.

I would recommend not touching a single thing on the car until the MB or the seller resolves the issue. I'm thinking they should at least get your warranty back to a level-6. If the brakes on your E63 are OEM for the wrong car (not aftermarket), the guy that said you misinterpretted "aftermarket" is wrong and you would have a strong case in getting them to replace the breaks with some decent ones.
Old 08-04-2009, 03:42 PM
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Originally Posted by PerryLV
Here are some photos, the Manheim condition report, and the "California Warranty Buyback Notice".
Sorry to hear about your trouble. I personally would never buy a Lemon-buy back vehicle. I had a BMW in the past which I forced BMW to repurchase due to it being a lemon. Their records only reflected 1 problem. But as the prior owner, I knwo for a fact that the problems were a whole laundry list, not just 1 problem. This appears to be your case as well.

I suspect that there's more than transmission issue with your car. Only time will tell.

Those wheels are not original as well. The factory AMG wheels are 18", not 19" with the ultra-low profile tires in the photo. The wheels also do not have an AMG stamp on them, so it's probably some generic wheel squeezed with a MB center cap.
Old 08-04-2009, 03:44 PM
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To be clear to everybody, Mercedes-Benz USA was the seller and the same company who now revokes my warranty. This brake hack job replacement was apparently done some time during the last 11 months Mercedes has owned the car.
Old 08-04-2009, 03:50 PM
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08 S65, 06 M3 CS(stick), 02 BMW X5 4.6iS, 07 R1 Raven, 08 F-450 4x4, 08 CooperS JCW
4200lbs, 500bhp and those puny things to stop it...highly irresponsible selling that vehicle

if stealership you bought from is uncooperative, contact the bbb. they just scared the bejesus out of a shady salesman on behalf of a friend of mine...


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