I bought a LEMON---Please help me - Mercedes-Benz Forum

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post #1 of 7 (permalink) Old 09-09-2005, 02:46 PM Thread Starter
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I bought a LEMON---Please help me

Hi there,

I live in Folsom CA. I checked for the cars on internet and found one car in Freemont which I am interested. I bought a used 1998 mercedes E320 from a used car dealer in Freemont CA(it is about 125 miles from my home). The milage on the car is around 116120. The next day I bought the car, the Check Engine light Popped up telling Check Engine Electronics. When I called the dealer about the check engine light, they just started ignoring me directing my call to a voice mail box. Then, I had taken this car to a certified Auto Appraiser telling that I want to sell the car.He had come out with the details about car telling that All the front side of the car is re-painted and all the screws are tightened for both sides of the Fenders and the driver side door screws are also are being tightened. As per his inference this car definetly met with some sort of accident, which is not reported to the carfax, but got it repaired and repainted. He apprised the car for the 40% of the price I bought the car the previous day. Even if I add another 20% of the dealers margin, I end up paying more than $3000 to $4000 than the real value. Feeling cheated, I just called my bank and asked to Stop the check payment. Then the dealership stared calling me and telling that is not the way that, I do the business etc..

It is true that I signed all the papers which they made me sign including as is clause. But my contention is either in the internet or Orally they didnot tell me Any Thing about the re-painting and re-tightning of the screws on the vehicle. I bought the vehicle basing on the CARFAX report which reports clean history. I also reported the same to the carfax.

I am asking them that I am not going to take the car and pay the money. I am asking them to take the car back and I faxed all the information to the dealership telling that I am going to return the vehicle and I am ready to return the vehicle where ever they wanted the vehicle to be shipped to.

CAN ANYBODY HELP ME IN THIS ISSUE. lEGALLY. MORALLY.. PLEASE .. I am still driving the car, because, My car is totalled recently in an accident and I dont have any other car to go to my work.. ANY LEMON LAW AUTHORITY HERE. I dont know how to upload this into the forum..can you help me uploading it. I will also try to do it on my own.. Please help me here.

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post #2 of 7 (permalink) Old 09-09-2005, 03:12 PM
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RE: I bought a LEMON---Please help me

I can't tell you what the law is in California, but I think that you are over-reacting. was the car purchased as is, or was there a warranty? An illuminated check engine light does not necessarily mean major problems. It could be something simple-did you have it checked? As far as previous collision damage-you state that the whole front side was repainted-could have been minor damage and the front was painted to blend the repair to match existing paint. As far as the difference from what you paid to what the car is worth-it's up to you to research the value of a car. If you can't access KBB, Edmunds, Nada etc-call your bank and ask them what they will loan on the car. I don't see a case for fraud-you've got an '88 model car with some miles. expect problems. we owned a used car business for 12 years,and I think that you may have created some problems for yourself in cancelling the check.The fact that you are still driving the car after stopping payment on the check would in my state be considered fraud on your part.
Good Luck
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post #3 of 7 (permalink) Old 09-09-2005, 03:51 PM
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RE: I bought a LEMON---Please help me

Get Legal Opinion, driving it wont help your cause!
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post #4 of 7 (permalink) Old 09-10-2005, 04:37 AM
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RE: I bought a LEMON---Please help me

Here in Texas you have 3 days to end the contract by returning the car. I would certainly follow the advice of an attorney and perhaps he can help you determine what your legal rights are in this case.

Best of luck!
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post #5 of 7 (permalink) Old 09-10-2005, 09:03 AM
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RE: I bought a LEMON---Please help me

You MUST get legal advice if you want to resolve this. This is a great forum but for car repair, not lawsuits.

And you really can't continue to drive the car, but not have paid for it. That really hurts your case, I think. The fact that your other car died has nothing to do with this transaction.
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post #6 of 7 (permalink) Old 09-11-2005, 04:33 AM
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RE: I bought a LEMON---Please help me


well I would look at 2 things, 1st does it piss u of more that they overcharged u, or 2nd that the car might be bad. If you can get a certified mech. to tell you they gave you a bad car then OK, you might have something, but if the car is OK, just been repaird, and overpriced, well then the dealership did a good job offloading it to you. sory.

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post #7 of 7 (permalink) Old 09-16-2005, 02:00 PM
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RE: I bought a LEMON---Please help me

I would for sure stop driving the car right now and take it right back to where you got it for. If they refuse to refund your cash I'd seek legal help since it seems form you r details that you are entitled to a refund.

However it is possible that the car might have had a frontal hit and has been repaired (albeit badly) but that still does not explain why it did not show up on the carfax report.

Whatever avenue you chose to take make sure you don't drive it (racking up the miles is the last thing you wan to do). rent a beater if you must, but for sure do somethign about it before you find out that you had a 1 week window in which you were allowed to bring up any complaints etc...

Good luck, and fill us in as to waht happened.
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