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Discussion Starter #1
Would someone please advise if they had to return a car using the lemon law. I would like to know the difficulty in doing so and also what the eventual outcome was. Does the dealership take part of the hit of the returned car (if successful) or does Mercedes stand the loss? May possibly have a lemon and would like to have background before I proceed further. Thanks for any input.
 

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Discussion Starter #2
In the process right now. I am in CA, and it is recommended that you use an attorney. They all say MB is very uncoorperative when dealing with the lemon law. I have been told that the dealership has nothing to do with it, it is between you and MB of North America. Make sure that you have followed the guidelines dictated by your state, and keep service records and all correspondence relating to your issue.
 

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Discussion Starter #3
Thanks for your information. I plan on talking with an attorney to see if this whole saga with my car falls under the lemon law. Then, if so, will notify MB-USA by letter, contact dealer, and use my attorney. Hope you are successful in your action.
 

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Discussion Starter #4
Just go to a search engine and type Lemon Law for more info. I had GM buy back a 98 Venture mini-van. After turning it over to my lawyer (I've included a link to their web site), I had an offer from GM in two weeks. The lemon law covers defects which the dealer is unable to fix, effect the safety of the vehicle, and occur during the first year. You won't qualify for squeaks and rattles! My van had been in the shop 20 some days for numerous problems, one of which had occurred four times during the first six months. Good luck.
 

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Discussion Starter #5
Just curious as to the type of problems you're having. I have an early 2001 C and the memory systems (mirror, seats, etc.) continually are in need of setting. The dealer has replace my keys twice and I wondering if there are similar problems.
 

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Discussion Starter #6
Yes, I had the problems with mirror drift and memory not holding settings. My keys were replaced. Still has not fixed the problem. They also installed new door modules...didn't help. My car was towed twice into dealership due to lack of acceleration with 'check engine' light on. That required major repairs or replacements under the hood. So far no further trouble with that, only the mirrors. I reset them by pushing in the button with the 1-2-3 number on it. That returns them to the original position. I am very concerned about my car. I bought it in May 2001.
 

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Discussion Starter #7
I haven't had other mechanical problems, just the memory/key issue. Our car was delivered in November 2000 which made it one of the first. The dealer did mention that they were trying to optimize the optics (my understanding is that the C doesn't use wires but optical fibres). According to the dealer, as this was the first shot, they were were still trying to get it right. How has the company/dealer treated you? Would you buy another MBZ?
 

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Discussion Starter #8
Nancy -- here is info about the Lemon Law. The key words are in Item #2 -- 'The defect must substantially impair the use, value, or safety of the vehicle...........' I had a C320 2001 bought back by the dealer. Mercedes and the dealer split the costs. There were problems with the mirrors, and the seat settings, and I was not happy with a portion of the exterior paint . The car could not be classified as a 'lemon' but my unhappiness with the car got me a replacement. Hope this helps. <br>
<br>
LEMON LAW<br>
The 'Lemon Law' is simply a term that is used to cover a body of laws that protect the consumer from goods sold that are defective and under warranty and to provide a means to recover any loss one may have incurred due to the defective product. <br>
The 'Magnusson-Moss Warranty Act' is the federal 'lemon law' act and in conjunction with this all but 2 states have enacted 'lemon laws' of their own. These laws very from state to state but they all hold similar things in common. They are as follows: <br>
1. They require the manufacture of the vehicle not the dealer to remedy the problem. The dealer may have the authority to do the repairs but the ultimate responsibility for the warranty falls on the manufacturer. (Unless of course the warranty was issued by the dealer which occurs at times with used vehicles). <br>
2. The defect must substantially impair the use, value, or safety of the vehicle and the manufacture must have been given sufficient time to remedy the problem. If the problem is not remedied the consumer has a right to a refund or a replacement. <br>
3. The question of what is sufficient time to repair a problem or defect varies somewhat but in general it's as follows: <br>
a.) If the problem or defect involves a serious safety issue such as the brakes or the steering then the manufacture is given one (1) opportunity to fix the problem. <br>
b.) If the problem is a safety issue but not serious then the manufacture is given two (2) attempts to repair. <br>
c.) If the defect is not directly safety related then the manufacture is given three (3) or four (4) attempts to fix the problem depending on the state. <br>
At issue here is the warranty! If a car is purchased without a warranty then the 'lemon law' does not apply per se. Other laws may be applicable such as 'breach of contract' which goes beyond our scope of discussion and one is encouraged to consult with their attorney on such an issue. <br>
Each state has enacted different guidelines as to the period of time within which a vehicle is 'presumed' to be 'lemon'.(You can take a look at the 'State Summary' page on this site for the guidelines in your particular area.) <br>
As an example in California the state 'lemon law' is the Song Beverly Consumer Warranty Act. It is 'presumed' a vehicle is a 'lemon' if a problem is addressed within the first 12,000 miles or 12 months of the vehicle purchase. In this case its up to the manufacture to prove that the vehicle is not a 'lemon'. If a vehicle defect is not addressed within this time period then the burden of proof falls on the consumer. The criteria is not whether the vehicle has been brought in three or four times during the first 12 months or 12,000 miles but only if the problem has been addressed even once during that period. <br>
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Each states 'lemon laws' regarding the 'coverage period' will vary. There may be factors in an individuals case that falls outside of the covered period. One is advised to seek the advice of an attorney in their area regarding the specific issues. <br>
Take a look at the 'State Summary Page' for some general information thats particular to your area.<br>
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Discussion Starter #9
Thank you for all of the information. I have been gone for a week and have not spoken with MBZ but plan on doing so today. They seem to be eager to fix my problem but not to the extent of putting me in a comparable car. Believe my choices are to keep the car, not buy the extended warranty, and sell it at the end of the initial warranty period or settle for a much lesser car that they offer. I do have an attorney who is willing to advise me (no fee) and I guess I will go from there. She works for a buyback from Mbz but wants to see the service records first. Mbz said they have fixed the drifing mirror problem that so many seem to be suffering with and part is in manufacturing process now. I have a fully equipped C240 with Nav system and do not want to settle for less than what I have. Dealership is not talking in that direction. Thanks so much for your information.....will add that to my 'car file'. Mbz seems very eager to please me but I think we're talking on two different levels.
 
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