My 2021 Mercedes Benz E53’s Loves the Repair Shop

DEAR SUZANNE

By Suzanne Henderson
LETTER 107 – April 2023 | Disappointed

Dear Suzanne, 

Do you remember when owning a Benz was super cool? I always wanted one because I heard so much about it. That’s why I got a 2021 Mercedes Benz E53.

I bought this car certified pre-owned with 14,000 miles on it, but I didn’t think it would have problems since they’re supposed to be great. But my experience hasn’t been good. It’s been to the Mercedes Benz dealership more times than I’ve driven it, even though it only has 23,000 miles now.

FAULTY BRAKES

My first problem happened about a hundred miles after I got the car. The brakes were squeaky and didn’t work right away when I used them.

When I told the dealership, they said it was normal and gave the car back without checking it. I was shocked. But then the same problem happened again while driving.

A couple days later, my car stopped while going uphill and started rolling back down. The brakes didn’t work, and my car hit a stop sign before stopping.

I had to call a tow truck to take my car to the repair shop. If this is what “normal” means for Mercedes Benz owners, I don’t want one.

RECURRING ISSUES

The second problem was with the steering and stop-and-go assistant. I got warnings on my dashboard and told the dealership. Again, they said nothing was wrong and gave the car back.

But the next day, the dashboard lit up again. This time, the dealer kept the car for a few weeks to fix it and test it. They said they wanted to make sure it was really fixed.

At first, it seemed like they fixed it, but the problem came back while they still had the car. This happened over and over for three weeks. Finally, they said it was fixed and gave it back.

But right after I got the car, the warning light came on again. I took it back, and they kept it for another week. They said it was fixed, but the light came back the next day.

STILL WAITING FOR MERCEDES 5 WEEKS LATER

That’s when I decided to talk to corporate. I couldn’t handle always taking my car in for the same repairs. They said they would review my case, which could take 5 to 6 weeks. It’s been five weeks, and I still haven’t heard anything.

I’m not going to lie, my experience with Mercedes has been very disappointing. Since the dealership and corporate aren’t helping, I’m thinking about using the lemon law. Could you give me some more information on how to go about this?

 
Disappointed

 
Watch VIDEO: Mercedes-Benz Lemon Law Buyback Settlement: What You Must Know to Protect Your Rights

 

Your Dealership Seems Incapable Of Handling Your Car’s Defects

Dear Disappointed, 

From all you have described, it seems the automakers built your vehicle defective. And this may be why you keep taking your car back for repairs. Also, regarding fixing the issues, your dealership does not seem well-equipped at resolving your car problems. And for this, they are not to blame. There is only so much they can do if the vehicle was not built right in the first place. 

YOU MAY HAVE A CASE

However, your vehicle does qualify for a lemon law case. And since Mercedes has not offered you any deals, your attorney can proceed with your case. Knowing this is important because if they have given you any offers, it would be impossible for a lemon lawyer to take your case. This is because you can only apply for lemon law once. 

Now, there is a difference between filing a lemon case with the manufacturer and filing one with an attorney. And this difference lies in how they each handle your case. The manufacturer would only try to get you the lowest possible offer that benefits them. And in most cases, this will not favor you. Whereas with an attorney, you can rest assured that any offers gotten are beneficial to you. Moreover, you stand to get additional compensation as well. 

ADDITIONAL COMPENSATION

The additional compensation you stand to get depends on the repair orders you have. For instance, if there was some sort of wrongdoing by the dealership with your car, then you get damages. Also, if they deny your buyback claim, your attorney can argue for more compensation for this. 

Furthermore, since you got your vehicle in California, submitting a lemon law case is completely free. And this is because Cali is very consumer friendly. This implies that your case gets taken on contingency. Also, the manufacturer pays off the legal fees accrued during the case. As a result, 100% of the settlement will be going over to you. Read more about the Mercedes-Benz Lemon Law buyback settlement option, how it works, eligibility criteria, affected models, common defects, and case examples.

ELIGIBILITY CRITERIA

Now, let’s talk about the way lemon law works in the state of California. If your vehicle has been to the dealership twice for the same issues under the warranty, then it qualifies as a lemon. And this makes you qualified for a lemon law case. In addition, if you have three or more visits to the dealership for different problems within the warranty period, then you also qualify. 

Also, since your car is on very low miles, it makes your case very much stronger. This is because, even while working on your case, you can keep taking your vehicle in for repairs. And you can do this without the fear of overlapping the warranty period. Also, the vehicle already having problems now only means one thing. It means that the issues will definitely become worse over time.

LEMON LAW BUYBACK

Now, for you as a lemon owner, there are two options open to you. The first is the buyback which is where the automakers buy back the vehicle from you. They also pay back all that you have spent on the vehicle. This includes your down payment and monthly payments. Moreover, your taxes and interest get refunded as well. Also, even if you took out a loan on the vehicle, the manufacturers are required to pay that back. And so on the plus side, your credit goes up.

With the buyback, the only thing they can deduct is the mileage offset. This means that the manufacturers have the right to charge for the miles you drove the car with no issues. It is usually based on the mileage you were at during your first visit. And you mentioned it was about 100 miles after you got the car.

To be completely honest with you, they will not be able to charge you much for this. However, regardless of the amount, your lawyer can get them to waive this either in full or half.

CASH AND KEEP

The other option is the cash and keep. This is cash compensation for all the issues you’ve experienced with the car. But you still get to keep the vehicle. With this option, your warranty is not voided or canceled. Moreover, if you wish to later sell the vehicle, you can do so without first deeming it a lemon to the next owner.

Typically with this offer, the amount you stand to gain could be as high as $10,000 or $15,000. The thing about this offer is that there is no specific settlement amount. This is because it is dependent on a number of different factors. One such factor is mileage. Others include the number of visits and also the amount of time that the vehicle spends at the dealership during each visit. Thus, the more visits you have, the stronger your case, and the more money in your pocket.

Another option available to you is the replacement option. It simply means that you receive a different vehicle with the same mileage and price value. However, it is not so advisable. This is because you run the risk of receiving another defective vehicle as a replacement. 

If you have any further questions, you can reach out to your lemon attorney.

Suzanne

PS. If you think your vehicle sucks and want to actually do something about it, you definitely can! Find out quickly if you have a case by visiting www.yourvehiclesucks.com right now. This website is owned by our partner law firm Quill & Arrow LLP, California’s #1 “settled” Lemon Law attorneys.

Free Legal Advice About Your 2021 Mercedes Benz E53 Lemon 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) 553-7525 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 Lawyer 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 Benz E53 ©Alexander Migl (CC BY-SA 4.0 License)