Emissions Modification - Bluetec

Wnantmeal1 said:

There is a “lemon law” clause in the class action settlement where Mercedes is required to repurchase your car if it is not driveable for 30 days within 18 months after the bluetec emissions modification. Furthermore, Mercedes requires dealers to provide a loaner during extended emission warranty repairs. If you need further help please let me know.

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I might qualify for that buy back. How much are they providing? I've had several issues since the modifications and at one point they could not determine where the fault for the AdBlue shut down was coming from. They had it in the shop for about a month (no loaner for that time but I was working from home and had extra cars around so didn't need one -- other visits have all included a loaner -- even got an EQS for long weekend).

No check yet from the law firm doing the suit.

Thanks,

Boris

Wnantmeal1 said:

Hi Boris, the buyback amount isn’t specified…it says MB must “repurchase the car”. I Interpret that to mean original MSRP because it says ”repurchase”, not “purchase”. Absolute worst case a judge would give you book value. Was your car driveable while it had the problems? I’m happy to help with the contact information to get you what you deserve from MBUSA. The class action lawyer got paid 80 million, and they have to help free of charge for certain situations.

When did you submit your claim for the class action? You should have received your check by now.

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Here's what I found on the Mercedes Settlement Agreement (found on the "Documents" page of the settlement website):

"Defendants will offer to repurchase the Subject Vehicle for an amount equal to the value of the vehicle according to Manheim Market Report."

From what I can find out, the Mannheim Market Report is a dealer auction valuation tool -- so likely a pretty low price -- especially given them my ML250 has 226000 miles on it.

Wnantmeal1 said:

Hi Boris,
The Manheim repurchase price applies if MB never provided the AEM and folks couldn’t register their car. But yes, MBUSA could argue that the Manheim value is what they owe for warranty failures even if the language doesn’t apply to the warranty section. I would argue that because the warranty repurchase is modeled after lemon laws, then repurchase is for MSRP because lemon laws require MSRP.

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I contacted counsel for the class. They are helping with the check from the settlement administrator (who has been less than helpful).

As for the buyback, he referred me to MB customer service. The agent is referring the incident to an executive manager who will contact me back. The warrantee verbiage says NADA price on 1/1/2020. See below:

"Buyback," for purposes of Appendix A, Paragraph 18.j only, means the return of an Eligible Vehicle by an Eligible Owner to Defendants, in exchange for a payment that equals or exceeds the National Automobile Dealers Association ("NADA") Clean Retail value of the Eligible Vehicle (adjusted for options, mileage, and NADA region in accordance with the then-current NADA guide) as of January 1, 2020.

So, we'll see how this goes. The dealership was super helpful in getting me PDFs of all the service visits with drop off and pick up dates. Great service advisor (who I have become all too familiar with over the last 2 years).

Thanks