Buying a Mercedes-Benz is a major investment, and owners expect high-quality vehicle performance from the get go. However, like any vehicle, a Mercedes can turn out to be defective, going through multiple repairs with no permanent fix. This usually leaves owners feeling deceived and defrauded after buying a Mercedes Lemon. To be fair, they’re not far from the truth.
A vehicle that needs multiple repairs for serious issues with no permanent fix is referred to as a “lemon”. Fortunately, this is what California’s Mercedes Lemon Law aims to make right. Under this law, you can file a claim if you own a vehicle with notable defects, but the catch is that timing matters, and you must report your problems within a specific window of time and mileage.
In this article we’ll break down the deadlines and requirements for submitting a lemon law claim. Let’s dive in!
When the Mercedes Benz Lemon Law Clock Starts Counting
The moment you notice a defect in your Mercedes-Benz, the clock starts ticking. If you’re wondering if you should be logging these issues or notifying the dealership, your timeline to take action has already begun. The key question is: When does your car officially qualify as a Mercedes Benz lemon?
In California, your Mercedes qualifies as a lemon if:
- The manufacturer or dealership fails to fix the defect after a reasonable number of repair attempts
- The issue is severe enough to impact the car’s use, value, or safety
- The vehicle has been in the shop for more than 30 days (not necessarily consecutive)
It’s at this point that timing becomes critical. The sooner you recognize the problem and document your repair history, the stronger your case will be.
This brings us to the time-sensitive rules you need to familiarize yourself with.
Time-Sensitive Rules to Understand
As you pursue the Mercedes Benz buyback program, here are some deadlines and thresholds you’ll want to be aware of:
Rule One: The Presumption Period (18 Months or 18,000 Miles)
California’s Lemon Law presumption states that a vehicle is considered a lemon if:
- The problem occurs within the first 18 months of ownership or before reaching 18,000 miles
- The dealership has attempted to fix a major safety defect at least twice and failed
- The dealership has tried to repair a non-safety defect four or more times without success
If you’re wondering why this matters, your case becomes much stronger if you start your claim during this period. Mercedes has to prove your car is not a lemon, not the other way around, and beginning the process within the warranty period removes one of the ways they can push back against your claim.
That doesn’t mean you should panic if your car is older than 18 months or has over 18,000 miles. You can still file a claim, but you’ll need strong evidence to prove your case.
Rule Two: The Statute of Limitations (Four-Year Deadline)
California’s Lemon Law Statute of Limitations gives you four years to file a claim, but this timeframe is is less straightforward than it sounds.
Many vehicle owners wrongly assume that the four-year clock starts from the day they bought the car. The clock actually begins when you first notice and report the defect. That means if you experienced issues early on, but ignored them, you could still have time to file. However, if you wait too long after noticing a serious problem, Mercedes-Benz could argue that your case is no longer valid.
Rule Three: The Final Repair Attempt
Automakers like Mercedes-Benz don’t want to repurchase vehicles unless absolutely necessary. As such, they may request a “final repair attempt” to delay or prevent you from receiving a Mercedes Benz buy back offer.
It’s not uncommon for the automaker to ask for one last chance to fix the problem before approving the buyback. Legally, they are allowed to do this, but the problem is that some dealerships drag out this process. They make it seem like they’re working on a solution, when they’re actually trying to run down the clock. If you allow too much time to pass, you could lose the ability to file a Mercedes Lemon Law buyback lawsuit.
If your Mercedes-Benz dealership requests a final repair attempt, document everything. Get a written statement confirming they acknowledge the defect and keep track of how long the car stays in the shop. If it drags on for weeks or months, you may need to take legal action.
Rule Four: Filing Your Claim Before Selling the Car
A common mistake that many Mercedes-Benz owners make is selling or trading in their car before filing a Lemon Law claim. If you’ve been dealing with constant repairs and you’re fed up, you might consider selling your vehicle to get rid of the headache, but you’ll likely get less than you would through a lemon claim.
While putting an end to your lemon battles might seem like a good idea, it has major downsides. Once you sell the car, you lose your right to the Mercedes Benz buy back program or a replacement vehicle. Essentially, automakers are only responsible for compensating the original owner or lessee. So, if you sell your lemon, you’ve more or less walked away from any potential refund.
If you want to get rid of your defective car, it’s best to file a claim first. If approved, Mercedes-Benz will repurchase the vehicle from you at full price instead of you taking a loss at a dealership or private buyer.
Rule Five: Act Fast and Seek Legal Assistance If Mercedes Denies Your Claim
Even if it’s evident that your Mercedes-Benz qualifies as a lemon, the automaker may try to deny your claim or lowball you with offers that don’t fully compensate you. This is where timing plays another significant role, because you have to act fast if they try to reject your claim.
- If Mercedes-Benz denies your case, you may only have a few months to appeal or take legal action before the deadline runs out.
- If they offer you a Mercedes Benz lemon buyback that doesn’t cover everything you’ve been through, don’t wait long to negotiate. The longer you delay, the more likely your case will get buried or rejected.
This is why having a Lemon Lawyer in your corner is so important. A Lemon Law attorney can speed up the process and pressure Mercedes-Benz to offer a fair settlement. Since California often has the manufacturer pay your legal fees if you win, hiring a lawyer won’t cost you anything.
Timing is Everything
The Mercedes Lemon Law process is about proving that your car has defects, but it’s also about doing it at the right time. If you miss any deadlines or wait too long, you could lose your chance to be part of the Mercedes buy back program. Protect your rights, report the defects early, track your repair history, and file your claim within the statute of limitations.
If you encounter any pushback, don’t hesitate to hire a professional legal team to advocate on your behalf. Quill & Arrow LLP comes highly recommended as a well-regarded Lemon Law firm that specializes in fighting the big manufacturers on the behalf of consumers. They’ll take up your case and they won’t stop until you reach a fair resolution.
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions