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.
Why did you do your due dilligence after you purchased the car, an older one and high mileage one. Unless you decide to sue which will end up costing you more than you paid for the car, you are out of luck. Carfax really means nothing as not all damage is reported to them. A Carfax that shows damage is worth something but one that shows clean means absolutly nothing at all for that reason.
Ever hear of let the buyer beware?? Sorry about your problem but there is really not much you can do about it at this time.
I am afraid Sosh has made proper comment. You bought car as is legally. It means just that as is. If the repair was made out of owner's own expense without reporting to insurance Co, CarFax would not have record of the accident and the repairs made.
As for the 40% offer for the car, it is not bad at all considering.
Check Engine Light problem is pretty common with the model car. If the car was running good when you test drove and for one full day before observing CEL, it could be just MAF sensor or something that would need few hundred dollar repair or so.
Sorry I can not be much help.
Lemon Law doesn't apply to used cars in the State of Calif, but there is a general law of merchantability that may apply.
You need to consult with a good attorney that can help press this case, but basically you would need to prove that the product ( your E320) is not fit to do the job as advertised, and was mis-represented by a merchant who knew better. It's not easy to make the case, but possible. Again, don't try this on your own.
I would first get the help of counsel to write a letter to the merchant explaining your displeasure in specifics and the remedy to intend to pursue if a suitable settlement cannot be reached. He may find it easier to find an accomodation ( buy it back, sell you something else, etc.) than go through a legal remediation proceess. Don't hold out for an all cash back - they are hard to get.
Get your facts carefully in order, lots of used cars are unfortunately less than they appear to be, and this is rarely a good cause for action. Make sure you aren't just having buyers remorse.
I would bring it to one or two Mercedes dealers asking for a complete appraisal of the required work to make the car safe to drive ( forget cosmetics). These are the numbers you can use to make a case ( if there is one).
Did the merchant give you any warranty at all? written? for 1000 miles and 30 days? oral ( I hope not)?
The moral to this story is that you always need to spend your research dollars up front to ensure your satisfaction with the product offered, especially an expensive complex Mercedes.
It still might be cheaper (and faster) to make the car safe and sell it if you really feel that poorly about it.
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...
Technically, if you stopped payment on the check and are still driving it, that's grand theft auto. I wouldn't be surprised if Guido and Figaro turn up at your house, your car disappears and you have the sheriff hauling your butt off to jail.
I am sorry to read about your problems. While it wold have been nice if you had done your due diligence prior to purchasing the car, the deed is now done and we should try to figure out a way to help you out (I hate bastard dealers that try to screw people).
Carfax is usually useless. But if the car had a Carfax guarantee and the car had major collision damage that was not reporte by Carfax, then you may be in luck. What have the Carfax people said to you?
Second, when you put in the stop payment, did you tell the bank in writing why you were putting a stop payment? If you state that the reason was that they sold you a defective car, then you are in a better position. I'd, however, not drive the car.
What bank financed the deal? Or did you pay cash for the entire thing?
I'd check with the BBB, are there any complaints against this dealer? Check with the DMV, they also regulate car dealers in california.
As a last resort I'd go to the District Attorney's Consumer Protection Unit (all DAs have one of these) and ask them to open up an investigation.
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