need help with lemon law and MBNA - Benzworld.org

Guest (MBNZ) · 08-04-2002, 02:24 AM

I have an 18 month old 2001 C-320 purchased new from the dealer. I have had 31 service visits, MBNA has been notified and they autorized my dealer to work out terms for a replacement. Dealer tells me for a 2002 identical replacement vehicle that MBNA will pay $5k, the dealer will pay $5k and they want me to pay $5k. And this is suppost to be a 'WIN/WIN' deal per the sales manager. Latest classifieds list a used c-320 at $37500 a new one runs about $41k, so my math says there is a $3500 difference. What are your thoughts and most important IS THERE ANYONE OUT THERE THAT HAS GONE THROUGH THIS! 
Thanks in advance, 
Charles

Guest (MBNZ) · 08-04-2002, 10:51 AM

Charles - offer them a 500 bucks as a good will and take your new C320. I see no reason why you have to take part of the loss since you have already invested as you claimed 31 visits to the shop. The dealer and M-B certainly can eat the other 3K. Good Luck

Guest (MBNZ) · 08-04-2002, 05:40 PM

I've done two lemon law cases, 1 with MB 17 years ago. The law, at least in CA, compensates the manufacturer for miles driven since you've documented the problem. I don't have the exact forumula but it's a percentage of the purchase price. I think it's based on 120k miles. So if your car has 18k miles my guess is that you would be expected to pay 15% of the purchase price and that's about $6,000. So I think the offer they've made you is very fair and getting an attorney would prolong the agony, may cost you attorney fees and you always risk losing, there's no such thing as a open and shut case, look at OJ. Don't let emotions get in the way of reality. Be blessed that MB made you an offer without having to resort to litigation. I know this goes against what others are saying but step back and look at it from a distance. If you can negotiate a better deal, more power to you but don't pass up a chance to get a brand new car for $5,000 more with a brand new waranty, no mileage, and better resale later on.

Guest (MBNZ) · 08-05-2002, 09:02 AM

My E320 was one year old with 24K miles and MBNA didn't want to talk to me until I got a lawyer, then they wouldn't leave me alone. Buellwinkle is correct about the mileage offset but he forgot to mention that under the lemon law they owe you any interest paid on your loan & DMV fees. Those two should be equal or greater than the offset. So all that should need to be done is swap keys. Don't waste time haggling with them, it will only cost you more. Tell them you want a new car by the end of the week or you get a lawyer. Also, the dealer should not be involved in a lemon case.