Ok so I got my wagon about 1 month ago (sorry not posting pics) and I noticed with about 800 miles on that I had a weird fluid leak in the right rear. After dealer inspection, it was revealed that the right rear shock is already gone bad/leaking. First off, why the hell is the shock already bad!!!!!

Ok here is the issue; the part is not available and has to be made so we are looking at 60-90 days supposedly.

What are my remedies here? Can I complain to MBUSA- whats the purpose of having the car if I cant drive it for 3 months? Does anyone have a direct line to MBUSA if this is the best route? I am reaching out to the dealer too but I think this is a factory issue unfortunately.

Thoughts?

Tell them to make your payments.

That will be my first demand no doubt...

Wow, that really sucks! Not sure of CA law, but in NY if the car is in service for over 30 days it can be lemoned.

Did you install the KWs previously?

the rears are airmatics right, i wonder if monroe makes them also

i think on our w220 the fronts are bilsteins, but airmatic failure sucks and is expensive

for your car, that seems odd that the part isnt available, as they are churning these cars out , call MB in jersey and let them know

Car was/is 100% stock...

Rears are airmatic but its not that piece that is leaking- its the strut (shock) and I do believe its made by Monroe.

Usually the problem with first year run production vehicles, not sure if the wagon qualifies for this since the w212 has been out for 2 years, but regardless, you shouldn't have to experience down time of 2-3 months for simple part especially on a new car. I'd make a calim with MB Norht America. Good luck

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I would call MBUSA in NJ: 800-367-6372 or 201-573-0600 and make sure they replace at "their" inconvenience ...i.e. provide you with a loaner and if you financed, provide some form of "eating a payment or two" for the fact the car is brand new and from the AMG division. I do not know the CA law, as stated previously, but would see what determines if it should be replaced with an identical car. definately not acceptable.

they count on us to spend the kind of money we do to sell these cars, we only expect the same quality of car in return.

best.

Thanks for this... will address tomorrow and hopefully all works out.

So the car is undriveable?

It certaintly seems you have a case to qualify as a lemon...if you have any intrest in MB buying it back. Otherwise you may just have to wait it out. I guess any part can be defective, surpising that they do nott have a spare. Seems they should just take one off the assembly line...or from a current stock car.

Either way, not being able to drive a $100K plus car you just bought is re-godamn-diculous.

Good luck man!

Hey Vic - CA law re implied warranty of merchantability is what you need to look into if MB balks or stalls. That will get their attention.

I had a similar, but worse situation a few years ago and unfortunately I had to go down this road with a different auto manufacturer.

GL with a quick resolution and feel free to PM me if you'd like to discuss.

Call MBUSA and see what they offer. Also see what your service manager can offer. If you really want to pursue the issue, lemon or otherwise, PM me. I still have high level contacts at MB USA and DE. Before you take action, decide what kind of options / remedies you would want ideally.

--Dan

what crap Vic, goodluck holmes....

From what I have heard, Cali is one of the states with the toughest lemon laws. They should really provide you with a loaner car. With the car out of service for a quarter of the year, MB should really compensate you for the time lost. As I had mentioned before, it's a waste of money for this type of car to not get driven.

So the Monroe made struts are really rearing their ugly ends. They should have stayed with Bilstein.

sorry to hear about your leaky rear problems. Hope all goes well with that

Sorry to hear about your problem. If they have one in the showroom, ask them to swap out the strut from that one. With the amount of benzes you own they should be giving you extra VIP service to keep you happy.

LOL its funny you saw that because I asked they said "you know we cant do that"... and they are right.

This issue falls on the factory and unfortunately the arteries of defense are strong with it. Right now Im still dealing with the dealer and the owner to see first what they will do via goodwill. But in reality my fight is with the factory.

how is your fight with the factory? shouldnt the dealer have to fight with the factory then? why you...the guy who paid top dollar?

The factory is the ultimate decision maker in if I lemon my car or get compensation in the form of loan payments or time lost without driving the car. They made the car. The dealer will play the role of the middle man but no MBUSA buybacks are authorized at the dealer level.

Now there is no doubt Id rather dialogue with the dealer about this and in turn they will, as you stated, discuss with the factory but the factory will be the final call on this as I foresee.

Id rather keep this car then give it back for the shock issue--- Im just figuring out my options- thanks to all of you for your advice and comments.

Mb parent calls the shots unless local dealer does something out of goodwill as mentioned. Probably something like ten free oil changes, car detail, etc. Just hope whatever they do it's in your favor and happy.

How did you notice this? Oil on the ground?

I was checking the inner wear on my tire and saw the leak at the base of the reservoir.

Simple fix, take another E63 wagon for a test drive and swap shocks during said test drive

But seriously, I am sure you know this but in California if in the shop over 30 days one could in fact do a lemon law. But I know part of being able to do that is doing the proper steps such as issuing a certified letter to MBUSA. That of course is assuming I remember my friends BMW lemon law experience, from a couple years ago, correctly. Would seem rather silly to seriously lemon law a car over a shock. But issuing the letter could perhaps make MBUSA find a quicker resolution for the shock.

get ahold of the MBUSA rep in your area. SF is where the regional guy is - ie this ithe perons that is called when big issues happen with new cars.

best thing to do is call MBUSA and have all your data about the car and get connected to a regional rep in your area. more than likely he/she will pull the cars records from the dealership and pull them in as well.

demand they either pay for your payments or some kind of restitution. I only know they will pay as it happened to me back in 05 with our E500 -

hope this helps -