DEAR SUZANNE
By Suzanne Henderson
LETTER 125 – July 2023 | Outraged
Dear Suzanne,
I am tired! That’s all I can say after dealing with endless car issues and an unhelpful Mercedes Benz dealership. It might seem like a dramatic thing to say, but I’d rather give the Mercedes away than deal with it another day. You’ll understand once I explain my journey from purchase to problems to pain.
The car is a 2020 Mercedes Benz C300 that I got in 2021. When we purchased it, it had some miles on it – about 53,000. But at that point, it was the only one out of all the cars we were considering that was certified pre-owned, so we went for it. Now it shows 73,000 miles on the odometer. Just for clarity, there were no aftermarket parts on the vehicle when we got it and no repair history.
Starting Small
The thing with this car is that different issues have driven me to the dealership a total of 6 times. It first began with the tires that kept going flat at random times. In a matter of only 90 days, three of the tires had gone flat at least once. I had to get these changed each time it happened.
As if that wasn’t enough, a problem popped up with the battery. I don’t know what exactly, but it died and I had to get it replaced. Only two weeks after its replacement, the engine light came on.
On reporting this to the dealership, they kept the car for inspection. There, they replaced a piston and we got the car back. This happened about three weeks ago.
Endless Issues
Then about a week or so later, another issue came up with the engine. This time when we started the engine it would seem like it was about to shut off. After it warmed up it seemed ok, but when stuck at a light for more than a few seconds, the engine would rumble like it was struggling to stay running.
I called the dealership to make a complaint about this. Since it could be a safety issue, they said they would send a tow truck to come to pick up the car and deliver it to the dealership. This is where things got ridiculous.
Vanishing Act
Somehow, between picking up my car and delivering it to the dealership, the roadside tow company the Mercedes dealer uses lost my car. For two days. They picked up the car last week Wednesday and by Thursday, they had misplaced the Mercedes.
When you think about it ‘misplaced’ is a very funny and ridiculous term to use in this situation. We’re referring to a car for goodness sake, not a pen or a cell phone. How do you misplace a vehicle? Anyhoo, this was the case as the tow company could not find my car for the whole of Thursday and early Friday.
We only discovered the car after I reported the case to the police station. By 8:30 Friday morning, my car was finally delivered to the dealership.
Things Get Even Weirder
While the car was missing the car app on my phone was still active. I couldn’t use the “locate your vehicle” feature since the subscription was up, but I could use other features on the app. One feature notifies you anytime a window is down or when a door is unlocked.
This is how I knew my car was tampered with as I received several notifications for these during this period. Moreover, I received a notification saying the hood was opened at some point. The tow company claimed the hood was closed when they found the car, although they had proven to be less than trustworthy.
In all of this, there have been reports of car thefts or car parts in the area. It seems like both the tow company and the dealership are quite nonchalant about caring for my car. I can’t help but think that maybe someone did something to my car during the period it had vanished. Worse is the thought that the tow company themselves were doing something with the car.
Surprise! You Owe $2500!
That aside, fast forward to this Thursday when the Mercedes dealer promised me that I would get my car back. They told me this when we talked the Wednesday before. I was pretty busy with work Thursday and couldn’t contact them, but I never heard from them either. Friday I called asking about the car and they said “Oh, the oil pan is faulty, and fixing it is labor intensive so it’s gonna cost you $2500”.
Immediately after I heard this, I was both outraged and shocked. I was feeling this way because how do you go from “you would get your car back the next day” to “you need to drop $2500 for us to fix the car again”?
So right now, the car is still with them. I told them I don’t want the car if the issues aren’t fixed and with no chance of them occurring again. Since I’m not planning on dropping any money for any repairs, it might be a while before I get my car back. The thing is I can’t help but wonder if they are sabotaging my car just to get business, ‘cause all of this just doesn’t add up.
Let me end it here and see what you have to say about this fiasco. I’d love to hear your thoughts on how lemon law may be able to help and how to go about it, because I am done with this car and this awful dealership.
Outraged
Something Fishy Is Going On
Dear Outraged,
Your thoughts and feelings are on point and completely understandable. It seems like the dealership and tow company may be in cohorts, or at least one of them is dishonest. There’s no justifiable explanation for why your vehicle should have gone missing. And with the notifications you received on the car app, it makes things even more strange.
Mercedes vehicles have proven to exhibit plenty of defects, but this doesn’t justify all the back and forth you’ve been through. The common issues Mercedes vehicles face in the first 50k miles typically begin with the electrical system. One thing about certified preowned (CPO) vehicles is that there is often a reason why someone traded it in. They could had been having the same issues you’re having, but without evidence we can’t say for sure.
Still Under Warranty
Them charging you $2500 to repair your car also seems fishy since they said they would deliver the car the next day. Your vehicle is a 2020 model and only 2 and a half years have elapsed since the warranty started counting. One reason why they may want to charge you is because of the number of miles the vehicle has right now. This is because the typical coverage for the regular warranty for Mercedes vehicles is 4 years or 50,000 miles, whichever comes first.
However, since there is a CPO warranty on the vehicle even after the previous one elapsed, you should still be covered. The CPO warranty is a year’s coverage and does not have a limit on the number of miles it covers. Meaning there shouldn’t be a reason to charge you.
Let Lemon Law Work For You
Now, the way lemon law works is that for you to qualify, you need at least two visits at the dealership for the same issue within the warranty period. Three visits for different problems or 30 days spent at the dealership also qualifies. With you 6 visits and the car still being at the dealership, it looks like you have a pretty strong case. Be sure to get all repair orders together as well as the original purchase agreement with the CPO warranty.
You also have a very good case considering your experience with both the dealer and tow company. I can’t say for sure but there may be another case due to the missing property and tampering evidence. Definitely mention all this to your attorney. Many lemon law attorneys can handle related cases for their clients.
Options For Compensation
The good thing about lemon law cases is the different types of compensation. Some just want their car fixed while others would do anything to never see the car again. It is best to get things going as quickly as possible to avoid any deductions or pushback from the manufacturers. That said, there are two options main options for compensation: the Buyback, and the Cash and Keep
The buyback is where the manufacturers buy back the vehicle and pay you out all that you have spent on the car. This includes your down payment, monthly payments, and your taxes and interests accrued as well. If you took out a loan on the car, the manufacturing company is bound by law to pay that off as well.
The only deduction that can be taken from this is the mileage offset. This is the amount the automakers 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. Regardless, your lawyer can get them to waive this deduction. Read more about the Mercedes-Benz buyback program, how it works, eligibility criteria, affected models, common defects, and case examples.
The second option called the cash and keep is where you are given cash compensation for the issues you’ve faced while also keeping the car. With this, your warranty remains valid without being voided. 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.
Silver Lining
Since you bought your vehicle in California, you will not be charged any attorney fees. This is because all legal fees are covered by the manufacturing company. The total settlement amount won will go straight to you.
If you have any questions, reach out to a lemon law attorney. They are trained to guide you through this complicated process and see you through to the other side. Best of luck and don’t go easy on them.
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 2020 Mercedes Benz C300 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 California Lemon Lawyer to get proper legal advice about your lemon law claim.
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Featured Image:
- 2020 Mercedes Benz C300 ©Vauxford (CC BY-SA 4.0 License)
