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Hello everyone, I have recently been facing some issues with my car so I have come here for help.
I purchased a brand new E53 Amg 2022 back in May. Since then, I have had to take the car in for repair 4 times already! The repairs included shaking when braking, the car dying at stop lights, an "Engine Malfunction" message, and now the most recent which has been ongoing since Mid-December. So in this issue, I was driving my car, and I stopped and parked my car for a while. When I tried to start it back up, the car drove but there was a message for "4matic inoperative". Note that my car does have the 4matic+ system. Along with this message, my car was now RWD only and was VERY limited in power. So as anyone would, I took the car into the dealership as it was still covered under warranty. They tell me that the transfer case must be replaced and it will cost 10k+... The worst part is they say that it is NOT covered under warranty leaving me shocked. The reason for them denying my warranty claim is that I got a winter tire setup installed which is a 19" square setup but they say that the offset was too low, and the car was rubbing on some inner components. This caused there to be pressure on the differential which cause more power needed to be sent to the front rather than the rear causing the clutches in the transfer case to burn out... I would like to add that the rubbing was very slight and happened only a couple of times while making a full U-turn. Keep in mind I only had my winter set on there for around 500-1000 km, and the engine malfunction and all the other issues happened when the car was fully stock. I have seen some other threads on here about cars having 4matic inoperative but they were able to fix it by resetting the 4matic module or calibrating the 4matic system and clutch. However, my dealer straight up tells me they have to order a transfer case from Germany which will take 1 month and it will cost 10k+. I have tried fighting with them many times saying I would not give them a single penny as they have sold me a faulty car. We are currently in a stalemate, what shall I do? I will include pictures of my car with the winter setup. I am from Canada
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Get a lawyer that has experience with "Lemon Law" (that is what we call it in the states), and have Mercedes buy the car back from you and move on.
I did some research on this and turns out the "Lemon Law" we have here is terrible, takes months to process and even then its very rare to have a case go in consumer favour as the agency in charge of these cases are paid by dealerships... Any other suggestions?
Im in ontario, Thanks this helps! To be honest though I was really looking for something other than going to Law as I want to keep that as a last resort. Maybe if anyone knows any fixes or any ways I can get merc to honour their warranty. Any mechanics on here that can give me some insight on my issue? I know if i open any case the dealer will just cut contact with me and wait for the court order which will take long.
Did you try another dealer in your region ? I know if you call MB Canada directly, they will still do nothing (directly with you) and simply tell you to deal with the dealer as they are the one who is going to submit the claim.
I would strongly recommend you to go to another dealer and then go from there. Your car is brand new and such mechanical fault problem should be warranted, imo.
Last edited by bobblehead; Jan 10, 2023 at 02:11 PM.
Did you try another dealer in your region ? I know if you call MB Canada directly, they will still do nothing (directly with you) and simply tell you to deal with the dealer as they are the one who is going to submit the claim.
I would strongly recommend you to go to another dealer and then go from there.
Do these dealers share notes or anything? If I go to another dealer will they already have all the history on my car or anything about the contact I've had with my old dealer? My current dealer has not submitted a claim yet.
Do these dealers share notes or anything? If I go to another dealer will they already have all the history on my car or anything about the contact I've had with my old dealer? My current dealer has not submitted a claim yet.
Also if I do go to another dealer, Do i have the ability to then come back to the original dealer to file a legal claim?
Do these dealers share notes or anything? If I go to another dealer will they already have all the history on my car or anything about the contact I've had with my old dealer? My current dealer has not submitted a claim yet.
If your dealer submitted a claim to MB Canada and got rejected, then MB Canada can see it on the system. But if your dealer did the diagnostic and simply tells you there is no warranty claim put through and you are to pay, then MB Canada will have no knowledge and therefore, other dealers will also have no record of your visit to other dealer for a claim submission. So, in my view, you are simply getting a second opinion on the issue and other dealer should perform their diagnostic protocol.
Last edited by bobblehead; Jan 10, 2023 at 02:18 PM.
Can they prove it was the offset rubbing? Seems like that's something you would notice. If it was rubbing enough to need more power to just turn the wheels over, on a 600HP car, that would've sounded/smelled pretty bad just going around the block. Unless I'm just not understanding the explanation.
What does the service record/report print out say that you received in writing from them?
CUSTOMER REPORTS THAT:
and then the part where it says
ROAD TEST VEHICLE blah blah blah INSPECTED blah blah blah FOUND blah blah blah
There must be in writing exactly what they are saying the problem is and there should be a CUSTOMER POSTPONED RECOMMENDED WORK AS FOLLOWS: replacing $10k diff
I don't believe honoring the warranty is up to the dealer. At the dealer level they can triage and choose what to submit or not submit but they do not make the ultimate decision. My dealer loves warranty work. Warranty work is one of the things that keeps their shop techs paid, parts dept flowing, and customers happy. I'm confused why your dealer wouldn't want to get paid for $10k of work because of a "tire rub". It's guaranteed $10k work for them. Did they even submit it?!
no I meant as in if another dealership also cannot fix the issue can I go back to the dealership that originally sold me the car and file a legal claim against them?
Can they prove it was the offset rubbing? Seems like that's something you would notice. If it was rubbing enough to need more power to just turn the wheels over, on a 600HP car, that would've sounded/smelled pretty bad just going around the block. Unless I'm just not understanding the explanation.
What does the service record/report print out say that you received in writing from them?
CUSTOMER REPORTS THAT:
and then the part where it says
ROAD TEST VEHICLE blah blah blah INSPECTED blah blah blah FOUND blah blah blah
There must be in writing exactly what they are saying the problem is and there should be a CUSTOMER POSTPONED RECOMMENDED WORK AS FOLLOWS: replacing $10k diff
I don't believe honoring the warranty is up to the dealer. At the dealer level they can triage and choose what to submit or not submit but they do not make the ultimate decision. My dealer loves warranty work. Warranty work is one of the things that keeps their shop techs paid, parts dept flowing, and customers happy. I'm confused why your dealer wouldn't want to get paid for $10k of work because of a "tire rub". It's guaranteed $10k work for them. Did they even submit it?!
this is the only thing I recieved when dropping off the vehicle:
Repair Services: • Tell Us More - CUSTOMER WILL DO KDMS ON ANOTHER DATE - SEE RO 431827 • WARNING LIGHT DIAGNOSIS - CUSTOMER STATES THAT HE'S GETTING A WARNING FOR 4-MATIC INOPERABLE - VERY LOW POWER AND ACCELERATION - DIAGNOSE AND REPORT • VEHICLE TOWED TO SHOP - VEHICLE WAS TOWED TO SHOP AND IS HERE ALREADY • ENGINE CONCERN - CUSTOMER STATES THAT THE VEHICLE HAS BEEN STALLING ON OCCASION - DIAGNOSE AND REPORT • Brake Concern - CUSTOMER STATES THAT THE BRAKES HAVE BEEN MAKING A SQUEALLING NOISE - DIAGNOSE AND REPORT • NO TIME GUARANTEE - CLIENT WAS ADVISED DUE TO EMERGENCY SITUATION MERCEDES BENZ BURLINGTON WILL FACILITATE REPAIRS AS BEST POSSIBLE, NO REPAIR COMPLETION TIME/DATE AVAILABLE - NO TIME GUARANTEE
I have not recieved anything since other than phone calls saying that the tires are rubbing inside. I will ask for pictures of the rubbing later today and post them here
Sending you a PM with the best S.A. the the world with the best AMG Tech in the world. You can tell them I sent you. They can at least explain to you why MB denied, or if never submitted they will take a look.
^^^ BURLINGTON ^^^ LOL LOL I walked from that dealer over an umbrella on a car that was ordered, delivered, plated. We started arguing over an umbrella and then all of a sudden we were scrapping. As an extra special FU I paid for and made them take the new plates off the new car and give them to me before I left and walked from the whole deal. Got my deposit back too. They were not fun to deal with at all. Those brand new plates have been hanging in my car area for years unused. LOL.
Go to Oakville I'll PM you some contact info.
Last edited by I.T. Guy; Jan 10, 2023 at 03:06 PM.
^^^ BURLINGTON ^^^ LOL LOL I walked from that dealer over an umbrella on a car that was ordered, delivered, plated. We started arguing over an umbrealla and then all of a sudden we were scarpping. As an extra special FU I paid for and made them take the new plates off the new car and give them to me before I left and walked from the whole deal. Got my deposit back too. They were not fun to deal with at all. Those brand new plates have been hanging in my car area for years unused. LOL.
Go to Oakville I'll PM you some contact info.
Yea honestly I regret going to them so much but they had a car coming in and I wanted it.
I would really appreciate the contact you have, thank you!
PM Sent. Go get your car, take it to Oakville. Have it show up on a flat bed for possibly faster service. They are always busy booking 2 weeks out at least. Not sure what their lead time is on "car not drivable" situations.
I think that a car under warranty must always visit the dealer in stock condition, so you can push as hard as you can and they cannot use the "you modifications voided the warranty".
In fact, some people remove their tune before going for service and restore it afterward. Though there is a rumor the MB diagnostic system can trace that back.
Once they start that route, you know they are up to something, and you must find someone else.
I did some research on this and turns out the "Lemon Law" we have here is terrible, takes months to process and even then its very rare to have a case go in consumer favour as the agency in charge of these cases are paid by dealerships... Any other suggestions?
^^^ BURLINGTON ^^^ LOL LOL I walked from that dealer over an umbrella on a car that was ordered, delivered, plated. We started arguing over an umbrella and then all of a sudden we were scrapping. As an extra special FU I paid for and made them take the new plates off the new car and give them to me before I left and walked from the whole deal. Got my deposit back too. They were not fun to deal with at all. Those brand new plates have been hanging in my car area for years unused. LOL.
Go to Oakville I'll PM you some contact info.
Thanks for constantly looking after us! By the way, I am curious how did you get them to refund your deposit, don't we Ontarians get the no cool off period thing?
but only if you have tried repeatedly to have your vehicle repaired by dealer and they have failed to resolve. In op’s case, he did not even get a chance to have it fixed.
but only if you have tried repeatedly to have your vehicle repaired by dealer and they have failed to resolve. In op’s case, he did not even get a chance to have it fixed.
Ya I was going to say to not bother as it is nothing close to lemon law plus it is opt-in based in the original post but I guess the edit didn't get saved and published.
Do you have the option to put the original wheels and tires back on before going to another dealer?
That way, they cannot claim that your non-standard offset did anything, as they will not be aware that there ever was a set of non-standard wheels on the car.
May not be ideal right now as we are in the middle of winter. If op uses all season on orig set, then it can be done as long there are no major snow storms in the foreseeable future.
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Dealer trying to stiff me for 10k+?
