Last month, an important case, for the first time put manufacturers on the hook for sales of used vehicles with problems beginning outside of the original manufacturer’s warranty, but still within the Certified Pre-Owned warranty. It has been unclear for years whether a manufacturer was required to buy back a used vehicle when the problems occurred after the original warranty expired. As long as the problems still occur during the CPO warranty, they’re subject to the lemon law. On the caveat, if the vehicle wasn’t purchased as a Certified Pre Owned vehicle, the manufacturer is off the hook if the problem occurs for the first time outside of the original warranty. The concern with this case, if any, would be that the Certified Pre-Owned program given by all manufacturers may be canceled since the manufacturers don’t want the added responsibility.
The case involves the sale of a certified preowned Mercedes Benz that still had a portion of the new vehicle warranty remaining and an additional used vehicle warranty from the manufacturer. An un-repairable defect manifested after the expiration of the new vehicle warranty, but during the duration of the used vehicle warranty. Mercedes Benz refused to repurchase the vehicle. The plaintiff sued and a jury found Mercedes Benz liable under the Song Beverly Act for breach of the express warranty and the implied warranty of merchantability. The plaintiff was awarded the same compensatory damages on both causes of action.
Daimler will be contacting the owners of certain 2015-2019 Mercedes Benz rear drive model vehicles for a problem affecting the steering. The vehicles affected by this recall include:
- 2015-2019 Mercedes Benz C300
- 2018-2019 Mercedes Benz C350E
- 2017-2019 Mercedes Benz C63 AMG
- 2015, 2018 Mercedes Benz C63S AMG
- 2019 Mercedes Benz CLS450
- 2018 Mercedes Benz E300
- 2018 Mercedes Benz E400
- 2019 Mercedes Benz E450
According to the defect report, a production deviation of the rear wheel drive steering rack lock nut could result in internal material cracks that reduce the nuts strength. If a large lateral force, such as hitting a curb could cause the lock nut to break and the steering to become fixed in one position. There is no advanced warning that the lock nut could fail.
Owners receiving recall notices will be asked to return to their dealerships to have the steering rack replaced.
Mercedes Benz will be contacting the owners of certain 2017-2018 Coupe vehicles regarding a problem affecting vehicle safety. According to the defect report filed with the NHTSA, a production deviation at the supplier has resulted in front seat back locks that to not lock properly. Unsecured objects in the rear seats might not be held back during a crash, increasing the risk of injury to occupants.
The vehicles affected include:
- 2017-2018 C300
- 2017-2018 C43 AMG
- 2017 C63 AMG
- 2017-2018 C63S AMG
- 2018 E400
Those receiving notices will be asked to return to their dealers to have the seat back locks inspected and replaced as necessary. For more information about the problem, owners can contact MBUSA customer service at 1-800-367-6372. The NHTSA campaign number for this recall is 18V-207.
Daimler has determined that certain 2017 Mercedes Benz Metris vans may have been manufactured with front axle bearing retaining rings that were not seated correctly. The retaining rings could extend from the steering knuckles allowing the wheel bearing to move out of position. The problem could result in an ABS sensing error warning on the instrument panel, unfamiliar brake noises, unpredictable drive-ability and the loss of a wheel.
Those receiving notices will be asked to return to their dealers to have the front axle wheel bearing retaining rings inspected and correctly positioned as necessary. Owners wanting more information about the defect can contact Daimler customer service at 1-877-762-8267.
Mercedes Benz has determined that certain 2016-2017 GLE43 & GLE43 Coupe vehicles may have engine control unit (ECU) software that is incompatible with the transmission control unit programming.
Rapid and consecutive downshifts during braking could result in the engine speed to drop below the required threshold and shut down. An engine shutdown could also result following a slight tap of the accelerator pedal after a combination of an ECO start and a simultaneous high engine load. The instrument cluster warning lamps will be activated upon engine shut down with and ignition “ON”, indicating to the driver that the vehicle is not in ECO start/stop mode and needs to be restarted manually.
Dealers will correct the problem by reprogramming the engine and transmission control unit software. Owners wanting more information about the problem are asked to contact MBUSA customer service at 1-877-496-3691. The NHTSA campaign number for this recall is 17V-506.
Daimler will be contacting the owners of certain Mercedes Benz GL and GLE vehicles, regarding a problem affecting their vehicles suspension system. According to the defect report, it is possible that an improper torque connection could exist between the upper control arm and the axle stub. The problem could result in improper wheel tracking and an increased risk of a crash.
The vehicles affected by this problem includes:
- 2016 Mercedes Benz GL450
- 2016 Mercedes Benz GLE350
- 2016 Mercedes Benz GL3450
Dealers will inspect the tightness of the bolt between the upper control arm and axle stub, replacing the upper control arm as necessary. Owners wanting more information about the problem are asked to contact MBUSA customer service at 1-800-367-6372.
Daimler has determined that certain Mercedes-Benz GL/GLE/GLS (166 Platform) and GLE Coupe (292 Platform) vehicles may have a problem affecting the front passengger occupant classification system (OCS). According to the defect report, a light occupant remaining stationary on the edge of the seat for a long time could be incorrectly classified as a child seat. The passenger side frontal airbag may be deactivated, increasing the risk of injury to occupants. Drivers will be alerted with an “Airbag Off” warning message illuminated in the center console, even though an occupant is seated in the front passenger seat. Continue reading
A small number of Mercedes-Benz GL and ML class vehicles manufactured September 29, 2014 – March 27, 2015, could experience reduced stability due to a manufacturing assembly error. According to the defect report, the bolts on the front and/or rear axle carriers may not be correctly assembled and could cause the mechanical limits of the remaining bolts to be exceeded. If the bolts fracture the driver may hear unfamiliar noises while driving and could experience loss of control under certain circumstances.
The vehicles affected include:
MBUSA will notify owners, and dealers will correct the problem by replacing the axle carrier bolts. Owners wanting more information about the problem are asked to contact Mercedes Benz customer service at 1-800-367-6372. The NHTSA campaign number for this recall is 16V-900.