DEAR SUZANNE
By Suzanne Henderson
LETTER 53 – October 2022 | Not-so-proud Owner
Dear Suzanne,Â
The beautiful 2021 Mercedes AMG GLE, which I so happily purchased brand new, is now nothing but a source of complaints for me. It only has 17,000 miles on it presently, but I have taken it about three times now to the Mercedes Benz dealership for repairs and I’ve got another appointment scheduled for this Friday.Â
WATER LEAKS & DEFECTIVE SUNROOF
My first visit to the dealer happened while my car had around 12,000 to 13,000 miles on it. The problem was that water often leaked in from one of the side doors, and this happened whenever rain fell or I took the car for a wash. Also, the sunroof was not functioning properly as it should have.Â
Fortunately, the dealers were able to fix the sunroof issue by replacing it completely starting from the top roof. As for the side door problem, they took the door apart and put it back together to see if any broken seals were the cause of the water leaks. I eventually got my car back after a couple of weeks.Â
AUTO COLLISION SYSTEM MALFUNCTION
The second visit was another problem relating to the auto collision system. When it first malfunctioned, I did not put much thought into it since I had not been hit nor had I hit any car. It was not until a few days after when my car did not come on anymore did I take it in. The dashboard indicated an air bag message and also displayed a battery malfunction notification. I had to call in a tow truck to come to tow my car to the dealer’s shop.
When I took it to the dealership, they asked me if I mistakenly left any lights on which I replied in the negative. I told them that I always used my auto key to lock up and so no lights are usually left on. They then said it was a battery issue, which was weird because I don’t see how a faulty battery relates to the auto collision system. I don’t know if they replaced the battery, but I’m no longer getting the dashboard error message.Â
IS THIS CAR A LEMON?
The third visit happened a few weeks after that and was once again caused by the auto collision system malfunction. At this point, I was very concerned because the vehicle is just a year and a half old, and I’m already experiencing these issues. Sooner or later, I might eventually not have any carburetor or some other car part which would cause a serious problem.Â
In addition to all these issues, whenever I come to a halt at a stop sign or something and it’s time to move forward, the car jerks while accelerating. I want to see if I can turn it into a lemon case because I’m paying a whole lot – about $110,000 – to own a car as defective as this one. The car is registered in my mother’s name and she’s okay with me going forward with the case. Also, I’m not so familiar with the way lemon law works, but I really would prefer to get rid of the vehicle and just start over with a new one.Â
Not-so-proud Owner
Watch Video: Mercedes-Benz Lemon Law Buyback Settlement: What You Must Know to Protect Your Rights
Your Car Is Defective
Dear Not-so-proud Owner,
Unfortunately, with Mercedes, which has outwardly beautiful vehicles, a lot of their models experience issues with the electrical system. The good thing about your case is that you’re still within the warranty period and so you will not be charged for any repairs until the warranty expires. However, there’s a very strong possibility that the problems may persist or even get worse as you keep on using the car so it’s better to get rid of them.Â
When car problems persist, it is usually not the dealership’s fault as they are only fixing the faulty vehicles that the manufacturers built wrong in the first place. This is why when they repair the car sometimes, it still doesn’t fix the issue.Â
Now, the way lemon law works is that for you to qualify to file a Mercedes Benz Lemon Law claim, you need at least two visits at the dealership for the same issue within the warranty period. Either that or three visits for different problems, also within the warranty period. So, now with the third visit scheduled for Friday, you definitely qualify for a lemon law case.Â
Not only that, but you also have a very good case considering you have very low mileage. Also, while your attorney is working on the case, you can keep on taking the vehicle back to the dealership as many times as you can. This is because the more visits you have, the stronger the case, and the more money you can win.Â
The good thing about having low miles is that there’s a little wiggle room as to what your lawyer can do for you and what your options are. However, it is best to get things going as quickly as possible to avoid any deductions or push backs from the manufacturers. That said, there are two options and they are as follows:
- Buyback
- Cash and keepÂ
The buyback, which is what you’re most likely interested in, is basically where the manufacturers buy back the vehicle from you and they will be paying you out all that you have spent on the car. This includes your down payment, and monthly payments, and your taxes and interests accrued are included as well. Additionally, even if you took out a loan on the car, the manufacturing company is bound by law to pay that off as well.Â
The only deduction that can be taken from this is the mileage offset. This is simply the amount the automakers have the right to deduct for the period you drove the car without any inconveniences. It is usually based on the mileage at the first visit to the dealer. Considering you took it in early on for the first problem, there really is not much they can charge you for. Regardless, however, your lawyer would be able to waive this deduction in full or half.Â
The second option, which is the cash and keep, is where you are given cash compensation for the issues you’ve been having while you also keep the car. With this, your warranty remains valid and if you later wish to sell off your vehicle, you can do so without having to deem the car a lemon to the next owner.Â
In addition to all that has been said, since you bought your vehicle in California, you are not required to pay any legal fees. This is because all legal fees are covered by the manufacturing company, whether win or lose. Not only that, the total settlement amount won will be going over to you. In case of any more questions, reach out to your attorney.
Suzanne
Free Legal Advice About Your 2021 Mercedes AMG GLE Law Claim
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about California’s lemon law protections here, fill out the form on this page, or give us a call at (323) 747-7245 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about CA Lemon Law or how to file a claim in California, please write to [email protected]. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a CA Lemon Law Attorney to get proper legal advice about your lemon law claim.
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Featured Image:
- 2021 Mercedes AMG GLE ©Alexander Migl (CC BY-SA 4.0 License)