eyeslasher1

I thought i would post this question here to see if anyone has had a similar experience.

I recently purchased my wife a 2009 cl 600 from the dealership car that was listed as brand new. I picked up the car on a cloudy rainy day and didnt inspect the car closely.

A week later i was washing the car and noticed the paint surface was rough
and looked like the paint had contaminant in it.

long story short, i took it back to the dealer three times . They have tried buffing, polishing, etc. Technicians from mercedes have examined the car and have agreed that the pain has defects. I found out the paint thickness and
it is .08 microns. (factory is .04)
The car was repainted at the dock? at the dealer?
Basically, i want mercedes to replace car with a new car without paint defects.
Has anyone had anything similar happen th them?
thanks

vjd3

http://www.law.cornell.edu/supct/html/94-896.ZO.html

eyeslasher1

thanks vic

do you think this practice is common?

gonzilla

Wow! Amazing. I've never heard this before.

For the lazy clickers:

"In January 1990, Dr. Ira Gore, Jr. (respondent), purchased a black BMW sports sedan for $40,750.88 from an authorized BMW dealer in Birmingham, Alabama. After driving the car for approximately nine months, and without noticing any flaws in its appearance, Dr. Gore took the car to "Slick Finish," an independent detailer, to make it look " `snazzier than it normally would appear.' " 646 So. 2d 619, 621 (Ala. 1994). Mr. Slick, the proprietor, detected evidence that the car had been repainted. [n.1] Convinced that he had been cheated, Dr. Gore brought suit against petitioner BMW of North America (BMW), the American distributor of BMW automobiles. [n.2] Dr. Gore alleged, inter alia, that the failure to disclose that the car had been repainted constituted suppression of a material fact. [n.3] The complaint prayed for $500,000 in compensatory and punitive damages, and costs.

At trial, BMW acknowledged that it had adopted a nationwide policy in 1983 concerning cars that were damaged in the course of manufacture or transportation. If the cost of repairing the damage exceeded 3 percent of the car's suggested retail price, the car was placed in company service for a period of time and then sold as used. If the repair cost did not exceed 3 percent of the suggested retail price, however, the car was sold as new without advising the dealer that any repairs had been made. Because the $601.37 cost of repainting Dr. Gore's car was only about 1.5 percent of its suggested retail price, BMW did not disclose the damage or repair to the Birmingham dealer.

Dr. Gore asserted that his repainted car was worthless than a car that had not been refinished. To prove his actual damages of $4,000, he relied on the testimony of a former BMW dealer, who estimated that the value of a repainted BMW was approximately 10 percent less than the value of a new car that had not been damaged and repaired. [n.4] To support his claim for punitive damages, Dr. Gore introduced evidence that since 1983 BMW had sold 983 refinished cars as new, including 14 in Alabama, without disclosing that the cars had been repainted before sale at a cost of more than $300 per vehicle. [n.5] Using the actual damage estimate of $4,000 per vehicle, Dr. Gore argued that a punitive award of $4 million would provide an appropriate penalty for selling approximately 1,000 cars for more than they were worth.

In defense of its disclosure policy, BMW argued that it was under no obligation to disclose repairs of minor damage to new cars and that Dr. Gore's car was as good as a car with the original factory finish. It disputed Dr. Gore's assertion that the value of the car was impaired by the repainting and argued that this good faith belief made a punitive award inappropriate. BMW also maintained that transactions in jurisdictions other than Alabama had no relevance to Dr. Gore's claim.

The jury returned a verdict finding BMW liable for compensatory damages of $4,000. In addition, the jury assessed $4 million in punitive damages, based on a determination that the nondisclosure policy constituted "gross, oppressive or malicious" fraud. [n.6] See Ala. Code §§6-11-20, 6-11-21 (1993). "

It goes on and on and on, so if you're interested in reading more, click vjd's link.

vjd3

I can't really say how common it is, but that's the most famous instance of it. What does Mercedes customer service say?

I had an ugly experience with a BMW dealer who leased me a car as "new with some demo miles" although it had actually been previously purchased and returned 3 weeks later (before it was titled; I found some guy's business card holder under the seat and called him to give it back and got a surprise). They basically told me "tough luck" until I contacted the state AG's office and dealer licensing board to begin an investigation, whereupon they picked up the first year of lease payments for me as compensation.

Try being nice and reasonable, and go from there ...

2Many Cars

Caveat Emptor

AOW162435

Yikes.


Andreas

Bradford

Bought a brand new 2006 BMW and after having it for a couple weeks noticed that the left rear door was repainted (there was a run in the paint). It must have happened at the dock . I was not happy and should have asked for a new car right then and there. After complaining, the dealer sent it out to their shop and re-shot the door. It was completely unnoticeable after that. The car was a nightmare anyhow, I'm just glad it is out of our lives now.

George from MD

I would insist on having it replaced. You paid for MB quality you should insist on receiving it or get you money back.

I have a 2001 BMW X5 that had the hood repainted at some point before I bought the car (I bought it new). I know this because the top layer has started flaking off in the last year or so and there is clearcoated paint underneath- they didn't even strip the hood just repainted over it. Had I noticed it right after I bought the car I would have insisted on a different one or my money back.

chris walrod

what they term 'port damage' happened to me as well. We leased a new Volvo in 2002 with a HUGE subsidy by Volvo. After negotiating more, I had noticed paint work on the corner of the left rear bumper cover. After bringing that up, negotiations went smoother after that. I didnt mind the small amount of paint work really as its bound to happen, also since the car was leased.

If I were buying a new car of any brand, I would however be pissed had I found evidence of non-disclosed port damage.

eyeslasher1

i appreciate all your posts

to be honest this whole esipode has weakened my assumptions about MB quality
or quality control.
We will see how they do on the customer service part.

This isnt some entry level c-class. this is their top of the line car (the price was around 130)
One would expect some commesurate degree of customer service.

Porsche notably has been pretty good with their customer service
form what i hear about MBUSA-they will fight this
I am preparing to go to court on this

AOW162435

Have you allowed MB to render a decision, one way or the other? Do they know of your demands?


Andreas

SKM

How many panels have been repainted? As stated in the above-referenced BMW lawsuit, there is an amount beyond which paintwork on a new car must be disclosed by the selling dealer. While disappointing, if it is a panel or two, I do not believe they are required to do anything for you. If it is beyond a certain amount of cost, they are required to disclose it. I would think one the lemon-law law firms could help you resolve it. The value of the car is diminished and an automobile appraiser can help your lawyer determine the amount - it's called diminished value.

YA911Fan

Note to self - thoroughly inspect the next new car in full sunlight before signing on the dotted line. Easier said than done, given the excitement of the moment...

Good luck but I suspect you'll have to live with it after all is said and done.

Bearclaw

The extent that this happens to new cars is jaw-dropping.
The 3% of the value (I would guess that's the retail value), on an $80K car, would be $2400. That figure is certainly calculated at their cost - and that could be a significant amount of work. And somehow I suspect that they stretch that beyond its limits. Would anyone knowingly accept one of these cars without compensation? I know I wouldn't.

http://www.bmwblog.com/2006/12/22/di...m-the-factory/

They repair cars that have fallenfrom lifts, off car carriers, been damaged by crap falling on them at the ports, all manner of things. They talk about "full disclosure", but who really knows?

I'd strap on a lawyer and go after 'em. Be prepared for a fight.