Mercedes-Benz Forum banner

1 - 9 of 9 Posts

·
Registered
Joined
·
138 Posts
Discussion Starter #1
After 5 tries to fix my check engine light, I have officially gone over the limit for attempts to fix according to the lemon law in Oklahoma so it's time to start the process.

Has anyone gone through this process before? Does it require getting a lawyer to handle the process or is it just a matter of notifying the manufacturer to get the process going?

Any advice would be appreciated on where to get started. I am hoping to just get a replacement exactly like the one I have because I really like the car.
 

·
Registered
SLK55 //AMG
Joined
·
1,212 Posts
I am sure that for you to have a resonable outcome, you will have to talk to a lawyer.
Also in some cases you may have to go into arbirtration.
Sucks to hear about your car having so many problems.
 

·
Registered
slk 55
Joined
·
366 Posts
Jakepratt, the lemon law rules vary a bit state by state. You need to contact your state Consumer Affairs office (or whatever they call it in your state)to get the details. Many states require the dealer to give you the contact info when you purchase a new vehicle...you may find it with your warranty book. You may not need an attorney. For example, in new Jersey, if you don't settle with the manufacturer, the case is heard in an informal hearing by an administrative law judge. I went through the process twice with Chrysler on 2 different Jeeps (I'm not exaggerating). The first time I used an attorney, the second time I did not. I thought I did a better job than the attorney did. Can't blame the attorney...there is not a lot of money in Consumer Law, so generally I don't think they do a very thorough job. A reason to use an attorney is, at least in New Jersey, if you prevail at the hearing, the manufacturer pays your legal fees. One other key thing to know is that most states require you to send a certified letter to the manufacturer offering them one last chance to repair the vehicle before you start the legal process. Given what's at stake for them economically, you can assume they will make an all out effort to repair the car correctly. One last word of advise...make sure you document everything so that you can prove to the judge that you have a valid Lemon Law claim according to your state's rules (all your attempts to get the car repaired, including receipts, what the dealer told you, etc.) because you will need that if you end up going all the way through the hearing process.
 

·
Registered
SL550
Joined
·
949 Posts
I think it is helpful if all five repairs have the exact same wording on the warranty invoice. If there is any wiggle room to claim that the repairs were slightly different, then you can count on the dealer and manufacturer to point out that it was not the *same* repair. In Ohio, the basic rules are three failed attempts to repair the same "major" defect, within the first 12 months or 18,000 miles.
 

·
Registered
Joined
·
138 Posts
Discussion Starter #5
Yeah, they read pretty much the same. "Check Engine light comes on at around 6/10th of a tank of gas" In every case the fault code has been the same and they have replaced something to try to fix it. I have decided to let them have one more try at it since it sounds like this will be a pain in the ass.
 

·
Registered
SLK 55 AMG
Joined
·
3,560 Posts
Shame they can't get it working [:(]

Is this the ONLY problem on your car? You should tell the dealer to escalate it to Mercedes and see if they can diagnose the exact problem. It might be that a full diagnosis could alert Mercedes to a potential flaw in their design, and improve the car in the future releases.

If my car had just one problem, and if it was more annoying then life threatening, then I don't know if I would hit the dealer with the lemon law. Having to wait for a completely new car (which could take months), would be a major pain, and it just might have 'another' problem when you get it.

Anyway, I hope you told your dealer that you've pretty much had it, and you just want them to get it done with. It might be a good idea to ask them to take their time on this final try. If they quote 3 days for a repair, give them a week so they can double check it, and have them fill, and refill the tank several times to see if they can get it doing the same thing. Besides, if the check engine light shines, shouldn't they be able to see the error code? Can you find out what error code it is? Maybe you could do some research on it yourself. I know they have some websites with lists of all the errors and their codes. Maybe asking the dealer if they've checked the stuff YOU find in the error codes list would help to at least know if they've done basic research (you'd be surprised with some mechanics...).

Oh, and if I were you, I would DEFINITELY ask the dealer to give me the EXACTLY list of what it is that they have done so far to try and repair the problem. Maybe if another forum member gets a similar case of a "check engine light" error, and the problem was easy to solve (say, replace an easy to reach piece or tighten a screw), then they could try doing some troubleshooting first, without having to bring the car to the dealer (although, if the error is a check engine light one, Mercedes recommends bringing the car immediately to the dealer, or maybe not even driving at all).

I wish you good luck man! Hope it won't sour your experience of the car too much.
 

·
Registered
Joined
·
138 Posts
Discussion Starter #7
Yeah, I am very good about maintaining documentation and about having them explain the codes and what was done. Each time the code has been..."Massive Leak in Fuel System" It has always tripped during the Purge Cycle (when the car releases the gas vapors via a charcoal filter.

So far they nave.

1st Try - Reset "you forgot to tighten the gas cap"
2nd Try - Replaced Charcoal Filter Canister.
3rd Try - Replaced Engine Computer blaming bad ground
4th Try - Replaced Purge Valve and Gas Cap. MB Involved.

This will be try number 5 (6th trip to the dealer.) The last two times they had the car for 4 days each time claiming they needed to make sure it was fixed...personally I think they are just guessing whats wrong.

I was good up till now but I am starting to sour on the whole experience. I really don't want a different car...just one that works.
 

·
Registered
SLK55 //AMG
Joined
·
1,212 Posts
To me, what makes this whole situation ridiculous is how little information they are actually gleaning from the sensors and error code.
The error code says "Massive Leak in fuel System" - aren't there sensors in that fuel system to localize the fault?
If you have mechanics or service personnel as they prefer to be known these days, that are not well trained, then include resources to cover their ignorance and simplify troubleshooting.
 

·
Registered
slk 55
Joined
·
366 Posts
Jake, if the Lemon Law is similar to New Jersey's, it's time for you to send the "last chance" letter to MB. That will get their attention, and in the unlikely event they don't fix the car, you'll be one step further towards relief under the Lemon Law.
 
1 - 9 of 9 Posts
Top