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Old 11-12-2019, 07:59 AM   #21
llwhiteoutll
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Originally Posted by Snuffleupagus View Post
In the US they have a "Lemon law" in every state which allows the buyer to return a seriously flawed vehicle and get a full refund from the dealer or even a private seller, from memory I think it's 60 days from purchase. the trick is to prove the actual vehicle is a lemon and it isn't something you did like running it with no oil..etc.

But owning this for 14 days/500 km's has the ear markings of an easy lawsuit, it doesn't cost much to file a suit yourself and for $4k I bet they will settle within days of being served with the summons. If they offered to pay half it means they know they should pay!
There are no lemon laws in Alberta. How do you think this is an easy lawsuit? OP bought an off-brand, non-CPO vehicle that is 7 years old and didn't bother to get an inspection done. The dealer is going to pull out their documentation, which will include an AMVIC Mechanical Fitness Assessment, with OP's signature all over it and then say that the good faith offer to split the cost is off the table. OP would need to prove that the problem was pre-existing, the dealer knew about it and concealed it. Good luck with that.


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A large, reputable dealership should have checked out the car, diagnosed the issue and repaired it prior to putting it on their lot for sale. This is more of the stuff I would expect from the small used car dealers that are simply flipping auctioned cars from Ontario and Quebec. There's a big difference between an oil pan that is sweating and one that is hemorrhaging oil.
This was an off-brand, non-CPO car. It's not going to get the same scrutiny and level of repair that a branded vehicle would get. Most likely they went through the AMVIC checklist and fixed the major stuff if they found it, a compromised seal or one on it's way out isn't always going to be obvious (especially if it takes a fair amount of disassembly to get to). OP would have seen this report and signed it during the sales process. And an oil leak of the size OP is talking about would have been evident on the lot.

Edit: Second the advice about finding an independent MB shop and having them look at it. Upper pan is a nightmare, lower is easy; you want to be fixing the right issue.

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Old 11-12-2019, 08:21 AM   #22
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OP would need to prove that the problem was pre-existing, the dealer knew about it and concealed it. Good luck with that.
What are you basing this legal opinion on?
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Old 11-12-2019, 08:25 AM   #23
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What are you basing this legal opinion on?
What other basis would there be to sue them? Especially for what was called an easy lawsuit.
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Old 11-12-2019, 08:36 AM   #24
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I bought a used Toyota SUV a few years ago from a dealer that was "certified used Toyota" or something like that; basically it means they inspected it and stand behind any issues (at the beginning), we had 30 days or the first 1,000km to return it no questions asked. That was years ago and haven't had any issues ever, but it's a Toyota. Maybe MB has something similar?
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Old 11-12-2019, 08:36 AM   #25
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I dont understand why people refuse to call out the company when they are acting like dirtbags what is the reason behind this?
Maybe he doesn't want to go nuclear at this stage when based on a phone call they're already willing to pay 50% of the repair bill? Maybe he doesn't want to affect the livelihood of his fellow Calgarians by dissuading others from going to their business based on a mechanical mishap that wasn't their fault and that they quite likely didn't know about? Maybe because he knew when he bought a seven-year-old German luxury car he knew he was going to have frequent/expensive repairs and is just disappointed that that process has begun so soon after purchase?

You'd have to be a spiteful wingnut to be badmouthing the dealership publicly at this point.
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Old 11-12-2019, 08:37 AM   #26
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Originally Posted by CorsiHockeyLeague View Post
What are you basing this legal opinion on?
The law requires that you prove, on a balance of probabilities, that the dealership knew (or ought to have known) that the damage was pre-existing.

They will have a checklist showing they did their XX-point inspection and that the vehicle passed. Their argument will be that, at the time of title transfer, the vehicle worked fine.

If it stopped working after that, and OP doesn't have any warranty, then OP is on the hook for it.
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Old 11-12-2019, 08:43 AM   #27
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Originally Posted by Calgary14 View Post
I bought a used Toyota SUV a few years ago from a dealer that was "certified used Toyota" or something like that; basically it means they inspected it and stand behind any issues (at the beginning), we had 30 days or the first 1,000km to return it no questions asked. That was years ago and haven't had any issues ever, but it's a Toyota. Maybe MB has something similar?
Mercedes and every manufacturer will have their own version of certified pre-owned that they sell and back with warranty. Unfortunately this isn't an option for OP since it wasn't bought CPO from a Mercedes dealer.
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Old 11-12-2019, 08:47 AM   #28
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ML series is known for Oil issues especially the Bluetec ones. I own one and once one thing craps out other things follow with it. Always buy the Germans CPO to save some headaches. Unfortunately, the dealer doesn't have to do anything, the $2000 bills are going to be common with that vehicle.
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Old 11-12-2019, 10:24 AM   #29
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The 50/50 split sounds 'nice', but it's on their own quoted work. IANAM, but 20 hrs sounds like a lot...10 actual hours turns into 20 on the bill to make you feel like they're taking care of you.

If you want to keep this vehicle for a while, I'd strongly consider taking a bit of a hit and finding an honest independent mechanic to look (can't personally vouch, but look into 'German Auto Specialists'). If not, you might work on a trade-in with this same dealer for a different car (and get the damn thing independently inspected this time). You'll never have a better position to argue a trade-in close to what you paid on the Merc.

Before it sat for a few days, was the drive you did before different than the other drives in distance and longevity? Did you drive ~50km 10 times, or a bunch of shorter trips and then maybe out to the mountains and back or something? Just thinking a longer drive where everything actually gets up to temp for a while could be what presented the issue...
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Old 11-12-2019, 10:31 AM   #30
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Before I started taking care of an 11 year old and so became a monk I used to keep a 2005 SL 500 on the road for dates, the big 2 seat roadster with the drop top, lovely looking comfortable car that gave off the perfect air of 'reasonably well off but not an overgrown child or a dick' unlike a Porsche or something more obviously sporty.

As a car it was awful, the whole thing ran on hydraulic pumps that always failed and cost thousands to repair, even things that made no sense, like the fuel cap, I just worked on the assumption if I was going to the garage it was going to cost 4 grand every time.

The car only did one thing well and that was turning 'Plenty of Fish' dates into 'shooting fish in a barrel' dates, whether that is a comment on my shallowness or female shallowness I cant say but it was frighteningly good at that.
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Old 11-12-2019, 10:49 AM   #31
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Originally Posted by afc wimbledon View Post
Before I started taking care of an 11 year old and so became a monk I used to keep a 2005 SL 500 on the road for dates, the big 2 seat roadster with the drop top, lovely looking comfortable car that gave off the perfect air of 'reasonably well off but not an overgrown child or a dick' unlike a Porsche or something more obviously sporty.

.

I don't agree with your assessments of Porsches here. Different strokes for different folks I guess.
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Old 11-12-2019, 10:51 AM   #32
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As a car it was awful, the whole thing ran on hydraulic pumps that always failed and cost thousands to repair, even things that made no sense, like the fuel cap, I just worked on the assumption if I was going to the garage it was going to cost 4 grand every time.
That is why you should've been a dick and bought a Porsche. Unlike the other German brands, they are still generally reliable cars.
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Old 11-12-2019, 10:52 AM   #33
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Originally Posted by afc wimbledon View Post
Before I started taking care of an 11 year old and so became a monk I used to keep a 2005 SL 500 on the road for dates, the big 2 seat roadster with the drop top, lovely looking comfortable car that gave off the perfect air of 'reasonably well off but not an overgrown child or a dick' unlike a Porsche or something more obviously sporty.

As a car it was awful, the whole thing ran on hydraulic pumps that always failed and cost thousands to repair, even things that made no sense, like the fuel cap, I just worked on the assumption if I was going to the garage it was going to cost 4 grand every time.

The car only did one thing well and that was turning 'Plenty of Fish' dates into 'shooting fish in a barrel' dates, whether that is a comment on my shallowness or female shallowness I cant say but it was frighteningly good at that.
I think i just got syphilis from your post.
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Old 11-12-2019, 11:01 AM   #34
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I don't agree with your assessments of Porsches here. Different strokes for different folks I guess.
I like Porsches better, but wanted a car I could drive to Seattle comfortably, and the Boxster has that engine liner issue that worried me, in retrospect changing out the whole engine on a Boxster every 5 years or so would still be cheaper.
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Old 11-12-2019, 01:32 PM   #35
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...Boxsters are pretty femme.
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Old 11-12-2019, 01:36 PM   #36
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...Boxsters are pretty femme.
you want femme I had a Miata before the Merc
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Old 11-12-2019, 01:50 PM   #37
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VW Beetle -> Audi TT -> Porsche Boxter

Same lane, different price points.
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Old 11-12-2019, 01:52 PM   #38
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The law requires that you prove, on a balance of probabilities, that the dealership knew (or ought to have known) that the damage was pre-existing.
Oh, it does, does it? What law is that?
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Originally Posted by llwhiteoutll View Post
What other basis would there be to sue them? Especially for what was called an easy lawsuit.
There are plenty of cases on this, I've read most of them at one point or other, and I can't make categorical statements like you just did. Do you think if you were the dealer and walked into Court and said what you just posted it'd be persuasive?

Why people are willing to act so certain about subjects they don't have the first clue about is beyond me.
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Old 11-12-2019, 01:55 PM   #39
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Why people are willing to act so certain about subjects they don't have the first clue about is beyond me.

Wait are you new to the internet?
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Old 11-12-2019, 01:59 PM   #40
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VW Beetle -> Audi TT -> Porsche Boxter

Same lane, different price points.
Cayman is a pretty great car especially in GT4 trim.
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