Breached Service Contract - Mercedes-Benz Forum

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post #1 of 21 (permalink) Old 07-26-2009, 11:48 AM Thread Starter
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Breached Service Contract

26 July 2009

I own a 2007 ML 350. I absolutely love the vehicle. It's my first Benz. I bought it new in Oct 06. I drive a lot (250+ miles/day) & now have 134,000 miles on my ML. When I purchased it at Keyes in So Cal, the then fleet mgr Paul Tanner sealed the deal by promising me free pick up & delivery with a loaner for all servicing needs for as long as I owned the vehicle. A few months afterwards Paul left Keyes and became General Manager at Encino Mercedes in So Cal. I faithfully followed him there and he honored our contract at that dealership until just recently. A few months ago Mr. Tanner suddenly was no longer working at Encino and no one will divulge his whereabouts or reason for abruptly leaving his position as GM. My next service came due and my service advisor Alon Asherson informed me he was unable to send a driver to pick up my car. I drove the 100 miles on my weekend and dropped off my ML 350 for routine service & picked up a loaner. Service was completed in 3 days. Only problem was they claimed not to be able to send a driver with my car for exchange with the loaner. I work -a lot- and am unable to make the 100 mile trip there. For the next 3 weeks I had an E350 (nice lil car) which I put nearly 4000 miles on. Finally yesterday on my weekend I brought the loaner back and picked up mine. While there I spoke with the new General Manager (a real piece of work he is) Hans Ang. He informed me that he will no longer honor the agreement I had with Paul Tanner. There will be no more pick up or delivery or loaner vehicles extended unless I could provide the written original contract. Even then it would be Keyes dealership problem not his. Encino has been doing so for the past 2+ years. When I was shopping for a new car in 2006 I felt and was told that when purchasing a Mercedes Benz I was not only buying a superior luxury car, I was also getting a service commitment unrivaled anywhere. I had hoped to be buying another Benz this year. I highly doubt this will be the case considering the complete lack of concern and behavior exhibited by Hans Ang at Mercedes Benz of Encino CA yesterday 25 July 2009. My question to anyone knowledgeable enough to give straight advice is what can I do at this point to have my original (deal sealing) promises upheld by Mercedes Benz anywhere?
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post #2 of 21 (permalink) Old 07-26-2009, 04:08 PM
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Is it even in writing or was it just verbal?

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post #3 of 21 (permalink) Old 07-26-2009, 04:38 PM
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I bet they had a stroke when you brought the loaner back with 4000 miles. You had an agreement at the other dealership, not this one. At best, all you had was a "gentleman's agreement" with the former GM.

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post #4 of 21 (permalink) Old 07-27-2009, 05:10 AM Thread Starter
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I have it in writing...(sigh)...somewhere. As far as the other dealership being the resposible party, I would have agreed. The thing is this Encino dealership has been honoring the agreement for more than 2 years now. The whole mess has left a very sour taste of betrayal with me. I should point out that on the date of purchase I had already declined thier best offers based soley on the fact that the distance for me to travel for even routine service was just not acceptable due to the high rate at which I accumulate mileage. When Mr Tanner made the pick up & deliver plus loaner offer I made sure he was aware of all the mitigating circumstances and possible consequences. This truly was "THE" reason I drove home my new Benz that day.
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post #5 of 21 (permalink) Old 07-27-2009, 11:04 AM
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If you have "a writing" then you have better evidence of a contract, provided that it specifies the essential terms of the deal. The dealership may claim that he had no authority, however unless you had direct knowledge of that, their "agent" can bind the principal.

Even without a contract, the partial performance of the terms may establish the existence of the verbal contract, however it may not do much in terms of proving the contracts length of time (term) or provide much in the way of value.

BTW, your remedy for breach likely isn't "strict performance" but more likely a monetary remedy, since there isn't any particularly unique service offered by the dealership.
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post #6 of 21 (permalink) Old 07-27-2009, 03:36 PM
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I am sorry to say that without a specific written contract you are SOL.
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post #7 of 21 (permalink) Old 07-27-2009, 05:24 PM
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The dealer was offering you a free loaner out of kindness and they have decided to stop offering it, most likely because you put a highly excessive amount of mileage on the loaners and are getting service work too much due to excessive amount of mileage you are putting on your own vehicle. 134k in 2 years is insane. That is over 183 miles per day straight for 730 days. That is too much. The ML isn't a commercial 18-wheeler. You need to cut back on your drive, drastically. If you really need a loaner, rent one!
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post #8 of 21 (permalink) Old 07-27-2009, 06:06 PM
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Originally Posted by mr.xpowerseller View Post
That is over 183 miles per day straight for 730 days.
Taxi driver? 24 Hour Courier? Operator of Santa Maria/Long Beach/San Diego Shuttle . . .
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post #9 of 21 (permalink) Old 07-28-2009, 07:03 AM Thread Starter
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Quote:
Originally Posted by MTI View Post
Taxi driver? 24 Hour Courier? Operator of Santa Maria/Long Beach/San Diego Shuttle . . .

To MTI
My job title is Regional Coordinator/Courier for a medical laboratory. My coverage is from Barstow to Pomona & everthing in between daily.
FYI: I bought the ML for the job. Kinda like having the corner office with the view. Plus I made very certain the powers that be were fully aware of my job duties and the amount of mileage which would be incured when we were negotiating the sale.

Last edited by General Simpleton; 07-28-2009 at 07:09 AM.
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post #10 of 21 (permalink) Old 07-28-2009, 07:19 AM Thread Starter
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MB of America

I was given a tip about an outfit called MB of America? Maybe they can help? Any suggestions or info on them would be appreciated.
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