But the dealer has already replaced all parts in use for the rear hatch, they have also tried to adjust with out any luck.
Here is a small description of how it works right now.
2 of 10, it will close very gentle and pull in the rear hatch the last 15mm
7 of 10, it will slam the hatch, so that the close assistance is not used, like if you slam a door.
1 of 10, it will slam the hatch and then reopen.
Yesterday after noon it failed 4 times in a row and on the fith time it worked.
During the last visit at the dealer (stealer ship), they could net replicate the issue, I guess they very busy drinking coffee or similar, as we just had to have the car back for 3 days and it happened again, and now it is doing it very often.
Any how IŽll keep the forum posted of the outcome...
FYI, I had a VW passat wagon before with the auto rear hatch for almost 2 years, and not a single time did it fail and VW it not rally known for quality
So here is an update;
We talked to the escalating specialist Tuesday, and he informed that the case is closed as the tech specialist could not replicate our issue and he could not find any error codes in the system.
I asked the escalating specialist if he was thinking that I'm just inventing the fault? or if i was lying? he did not comment, so my last word to him was they will hear from lawyer... My wife, then gave the escalating specialist a phone call and they agreed that we could meet with the service manager and show him all the video we had recorded when the fault appeared
Yesterday Wednesday we took the car in to the service manager and handed over the DVD with the last 4 times when the problem occured. The service manager at that time informed that the case was open again. We then askes if he would like to go and check the car, lukely he did, when we tried the rear hatch, the problem occured in front of him 2 times in a row, the look on his face was , he was stunned...
Now thay are discussing the next step, and we are waiting for their reply, by this afternoon they will contact and give a plan for the issue. But we have informed the escalating specialist that we are not interested in any more repairs, they have already tried 5 times, so they have to buy it back....
First try to repair the car was after 9 days of owner ship and 550miles, then it has been in and out ever since.... don't get me wrong, we love the space and comfort , but this car has an issue that we do not wish to live with...
Here's your protection under Florida lemon law. It sounds like you're covered under it. Your next step should be to keep all records of your repair attempts and contact Mercedes Benz headquarters directly detailing your repair attempts and lack of success in fixing it. They then have 10 days to fix the problem. If they don't, lemon law kicks in and you're covered. Good luck.
Step one: The vehicle must have been taken in for a reasonable number of attempts to repair the defect(s). It is already presumed that your vehicle has undergone a reasonable number of attempts - and therefore that it is a lemon - in the following situations:
If you have taken the car in for at least three repair attempts for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 30 or more calendar days while being repaired for any number of defects, and the defect continues to exist.
Your claim will be made easier if you have documentation (repair orders) proving three repair attempts or 30 days out of service.
Step two: After either three repair attempts or 30 days out of service, you must provide - by registered or express mail - written notification to the manufacturer (not the dealer), giving the manufacturer a final opportunity to repair the defect.
If you provide such notice after the first 12 months or 12,000 miles, you may be required to pay for repairs if they are not covered by the warranty.
Step three: After the manufacturer receives your notice of final opportunity to repair, it has 10 days to direct the consumer to a repair facility; this facility then has up to 10 days from receipt of the vehicle to fix it.
If the above criteria are met, you may choose either a refund or a replacement vehicle (with a similar-model new vehicle).
In your refund, the manufacturer is entitled to deduct a "reasonable allowance" for vehicle use, based on number of miles driven from date of delivery. Beyond that, you are entitled to receive the full purchase price plus collateral charges.
If the manufacturer can prove that it has not had a reasonable opportunity to repair your car, you will not be entitled to a refund or a replacement vehicle. For example, if they can prove that the number of repair attempts was not "reasonable" because you did not follow the terms of the warranty or because some event (such as a labor strike, war, or natural disaster) prevented timely repairs, the Lemon Law will not help you.
If the manufacturer can prove that no problem exists or that the problem does not substantially impair the vehicle's use, value, or safety, then you will not get your refund or replacement.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident, the Lemon Law will not apply.
Here's your protection under Florida lemon law. It sounds like you're covered under it. Your next step should be to keep all records of your repair attempts and contact Mercedes Benz headquarters directly detailing your repair attempts and lack of success in fixing it. They then have 10 days to fix the problem. If they don't, lemon law kicks in and you're covered. Good luck.
Step one: The vehicle must have been taken in for a reasonable number of attempts to repair the defect(s). It is already presumed that your vehicle has undergone a reasonable number of attempts - and therefore that it is a lemon - in the following situations:
If you have taken the car in for at least three repair attempts for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 30 or more calendar days while being repaired for any number of defects, and the defect continues to exist.
Your claim will be made easier if you have documentation (repair orders) proving three repair attempts or 30 days out of service.
Step two: After either three repair attempts or 30 days out of service, you must provide - by registered or express mail - written notification to the manufacturer (not the dealer), giving the manufacturer a final opportunity to repair the defect.
If you provide such notice after the first 12 months or 12,000 miles, you may be required to pay for repairs if they are not covered by the warranty.
Step three: After the manufacturer receives your notice of final opportunity to repair, it has 10 days to direct the consumer to a repair facility; this facility then has up to 10 days from receipt of the vehicle to fix it.
If the above criteria are met, you may choose either a refund or a replacement vehicle (with a similar-model new vehicle).
In your refund, the manufacturer is entitled to deduct a "reasonable allowance" for vehicle use, based on number of miles driven from date of delivery. Beyond that, you are entitled to receive the full purchase price plus collateral charges.
If the manufacturer can prove that it has not had a reasonable opportunity to repair your car, you will not be entitled to a refund or a replacement vehicle. For example, if they can prove that the number of repair attempts was not "reasonable" because you did not follow the terms of the warranty or because some event (such as a labor strike, war, or natural disaster) prevented timely repairs, the Lemon Law will not help you.
If the manufacturer can prove that no problem exists or that the problem does not substantially impair the vehicle's use, value, or safety, then you will not get your refund or replacement.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident, the Lemon Law will not apply.
Hi,
Thanks for the update,
Today I recieved a phone call from a escalating specialist and he told me that the regional office would like to attempt another repair and that the car would not qualify for a lemon yet, I then expalined that the car has been in since 550 miles and 10 day of owner ship 5 times for the same issue.
He just said that they have decided that the case could not qualify for a lemon yet as it was a convinience feature that is not working.
I then explained that I bought a car that must work 100 % not just some times and I tried to explain that when it happends the rear hatch is slamming hard, no slow down, and if some body a child might loose their finger/s if they have thenm in between by accident.... he was just like what ever, IŽm just working here I canŽt take any decission.
Today I sent by FedEx the note to MB in NJ for the final repair attemp.
On the other hand if they do buy back the car IŽl just have to go there every week untill they get tired of me, and also ask for the car wash
The hard part might be determin what is safety, a faulty hatch?, value how much will I loose when they pull up the record later and you can see the times the car has been to the workshop... and so on
Any who, IŽll keep posting untill the issue is finalized.
lemon laws don't distinguish between convenience issues and safety issues. If it was a faulty electrical item that is a convenience feature, such as an overhead light or something, and it were to cause an electrical fire, does that excuse the problem? You're absolutely right- you pay for a defect free car, the dealer has tried to repair the defect at least 5 times unsuccesfully, it is a lemon. Mercedes Benz is your best bet, get them on your side, and it sounds like you did with the registered letter.
And it's either 30 days of service or 3 repair attempts. You've satisfied the repair attempts under the lemon law. Sounds like a crappy dealership. Good luck.
lemon laws don't distinguish between convenience issues and safety issues. If it was a faulty electrical item that is a convenience feature, such as an overhead light or something, and it were to cause an electrical fire, does that excuse the problem? You're absolutely right- you pay for a defect free car, the dealer has tried to repair the defect at least 5 times unsuccesfully, it is a lemon. Mercedes Benz is your best bet, get them on your side, and it sounds like you did with the registered letter.
And it's either 30 days of service or 3 repair attempts. You've satisfied the repair attempts under the lemon law. Sounds like a crappy dealership. Good luck.
Hi
Thanks,
the dealers sales manager is very helpfull and he has been guiding me in doing the right thing, in terms of using the MB escalating specialist first and then go for the lemon.
The tech department however seams to be a bunch of people who trust the computer most e.g. even a visual defect with no error codes = works as designed comment
I have seen they signed for the letter today at 9.14am so now the wait is on for 10 working days.
Guys
I just read all of your postings to get an idea about this car. I never owned MB before-had 2 BMW's (German built)and currently Lexus R400h. Since our family got bigger and need for the third row approached us-R series beings probably the only luxury level car offering third row sits with proper mountings for child seats seemed very logical to us. I've heard about bad quality issues with ML series and that's why we opted for Lexus 2,5 years ago. Besides being extremely reliable car-it offered great fuel consumption -getting 26-28 on highway and about the say in the city is very unique-but again it's a hybrid. Although RX is a great car-it doesn't offer third row and space we need for our family. We really like design, look and features of the R series and are very close to buying one. Now after using Lexus for 2.5 years and not having any issues with it and looking at all the quality issues you've been having- a doubt comes into my mind. Quite honestly I'm still a member of Lexus forum and really can't find anything close to the level of the problems seen here. I hope you guys don't mind few question I have about the car-since I'm really looking forward to buying it.
It is my understanding that since 2006 every next model gets better so I'd like to know if 2009 models have improved enough. Of course minor defects happen to all cars and that is sort of compromise-even tough I think any 50k+ car should be free of small defects, squick, and rattles free. (Our R400h had 1 rattling issue with rear door-the trunk space cover was rattling if not fully close).
I have to agree that big issues like oil leaking are totally unacceptable-but from what I see they're rather unusual?
Just out of curiosity what mileage can we expect driving R350?
Another important thing is to know if your car is at the dealer for the repair-do you automatically get a loaner car?
How's the overall comfort driving the car-lots of under or over steering-or just perfect?
I'd really appreciate any input.
Thanks a lot.
I have 2007 and have had zero issues other than 1 standard 1 year service which cost $195.00. I live in the Boston area and average 19 mpg. We're expecting our first child and can't think of a better car to own that gives you space, comfort, performance and safety. It is a very long car so make sure the size fits you. I take to my local MB dealer and always get another MB as a loaner car. Because of the long length, road trips and cruising are very pleasant and enjoyable. Turning takes a little getting used to if you're not used to driving large cars, my wife has hit a curb or two with the back wheels. Lots of glass in this car so it feels very open and spacious.
I have 2007 and have had zero issues other than 1 standard 1 year service which cost $195.00. I live in the Boston area and average 19 mpg. We're expecting our first child and can't think of a better car to own that gives you space, comfort, performance and safety. It is a very long car so make sure the size fits you. I take to my local MB dealer and always get another MB as a loaner car. Because of the long length, road trips and cruising are very pleasant and enjoyable. Turning takes a little getting used to if you're not used to driving large cars, my wife has hit a curb or two with the back wheels. Lots of glass in this car so it feels very open and spacious.
It is good to hear thta you have zero issues on 07 R350.
Mine 08 is good so far and I had it for 3 months (1500miles)
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2008 R350 4 Matic w/P1 package/7 seater/Ipod/Front heated seats/TOMTOM Go 720 GPS/ 10.2" LCD Overhead Mobile Video system w/ 30 Sega Games, Wireless HeadPhone, hard wired to OEM HK sound system, B/U Camera, hard wired Passort Escort X8500, Mtec HID 4300k (swapped out 6000K)
Encouraging posts-thanks. We'll definitely schedule test drive in2-3 weeks to feel the car and check overall built and features. Also I've heard that 2009 doesn't offer leather but MB-Tex-is that for real??-can't believe that such a nice car wouldn't offer leather seats.
Wojciechk, I can give you my experience with my 2006 R350 which has 24,000 miles.
Around town on short trips with quite a bit of stopping and starting it averages between 17 and 20.
We just got back from a trip to Denver from Dallas. For most of the way with two adults and one child and LOTS of luggage I was averaging about 23. Going about 75-80mph with a/c blasting.
I did notice on a trip from Denver to Steamboat Springs I was averaging 26.5 mpg. Does higher altitudes provide better mpg?
For a car that is pretty heavy I am well pleased with the gas mileage. I do use high test although many have told me that is not necessary. Every time I consider putting in regular and I open the gas cap I see the "HIgh Test Only" label and chicken out.
... My wife, then gave the escalating specialist a phone call and they agreed that we could meet with the service manager and show him all the video we had recorded when the fault appeared
, but this car has an issue that we do not wish to live with...
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