What to Do with Faulty New Mercedes - Constant Engine Errors

Can I please have some advice about how to deal with this sad situation?

Last December we purchased a brand new 2023 Mercedes AMG (over $160K). A dream car purchased for a milestone birthday.

Within one month of taking the car home, the engine stopped completely, and we were stranded on the side of the highway until the car could be towed for service. Mercedes took a week to service the car and found an 'internal electrical malfunction' and did repairs.

Three weeks later – the 'Check Engine' light came on with multiple Warning lights on Dash. This required the car to be returned for another week of resetting and servicing of the onboard computer.

Two months later – same issue – the Check Engine light came back on, Car Beam lighting not working properly. Car returned again to Mercedes.

One month later now – the Engine Light back on, Wireless charging not working and there are issues with the electronic windows.

With each service, the service department reassures they've found the problems, fixed it and it'll never recur again. But the same problems keep on happening.

At what point are we entitled to call Mercedes out that this is clearly a faulty car with problems that they can't seem to isolate and fix. There has been 4 x week-long service appointments for this six month old car which hasn't even done 2000km yet.

What's the best advice on how to escalate this and get a refund for this lemon of a car so we can move on and buy a car that actually works and is reliable?

We have all the paperwork from each service (4 times in 6 months), along with the original purchase contract and tax invoice.

Thanks in advance

Comments

  • +38

    Have you told MB you'd prefer a refund to a replacement? That's your starting point, then escalate from there if you don't get a satisfactory resolution.

    • -8

      We've been super patient with the dealership and after the 3rd round of repairs, we even offered to pay extra and upgrade to a higher Mercedes model, but there was firm pushback saying they can't do that as it's 'not that simple'

      • +45

        Why do you think the next level up MB will be more reliable? It will have even more tech that is prone to failure.

        • +15

          and the same technician not finding the faults.

      • +53

        Your problem is you're too patient and not pushy enough. You need to make more fuss. Preferably in their showroom where other customers can hear you.
        https://www.accc.gov.au/about-us/news/media-updates/just-bou…
        https://www.choice.com.au/shopping/consumer-rights-and-advic…

      • +11

        Are you in NSW? NSW Fair Trading officers and Automotive Inspectors are apparently skilled in dispute resolution. I assume your dealer has provided loaners to offset the inconvenience - but you could make a claim for your out-of-pocket expense in buying out the insurance excess if they haven't offered this. The pen is mightier than the sword, so communicate in factual non-emotional statements and you'll likely negotiate your preferred outcome. The car is too new for there to be any grey area around warranty coverage. If your paper trail is comprehensive it makes it easy for a third party to advocate on your behalf.

        • +2

          Yes we're in NSW. My next step is to contact the Mercedes dealership to request a refund due to the multiple repeated engine issues.

          Is it best to just contact the main Dealer from the suburban dealership I purchased the car from? Or escalate it to the Mercedes Head office in Australia?

          If there's push back and no chance of an easy refund, do I go to NSW Fair Trading First, then if that fails to NCAT? Is that the progression?

          • +9

            @sydguy18: Dealers prefer not to involve Fair Trading in their disputes. Go with your dealership, it's their responsibility to ecalate to head office. None of us like to have others go over our heads or around our backs. I've been granted warranty goodwill with MB in the past by negotiating though my dealer's service division. If you haven't already seen it, here's the NSW Fair Trading link

          • +5

            @sydguy18: Yup, you got the progression right. Agree with sumyungguy - take this step by step. First try to resolve at the dealer level, then HO, then FT, then you can take them to NCAT if all else fails. Document all your interactions and conversations. Keep it factual, be clear, persistent and assertive, but importantly remain polite at all times. Using this approach with our fam cars we've had successful outcomes with MB (airbag suspension failures), VW (constant electrical failures) and Ford (multiple engine failures).

            If you need more examples of how these have played out, have a look over in the MB threads in Whingepool. If you are comfy to DM your dealer name (assuming Sydney metro), I can let you know if I have any contacts there that might be able to help.

      • +1

        | We've been super patient with the dealership

        Why? You have too much money?
        Just ask for refund or contact ACCC.

        • +4

          I know everybody thinks the ACCC is just waiting to take your call so they can investigate your individual matter, but that isn't what the ACCC does.

      • +17

        Welcome to Mercedes , we'll make your dream a living nightmare !

      • +28

        Jesus Christ, you have seen the quality of this car and your suggested solution is to sink more money into this trash?

        You have been blessed with a showing of how bad this car is early and within a reasonable time for a refund.

        Demand a refund and get out now.

        • +7

          Jesus Christ, you have seen the quality of this car and your suggested solution is to sink more money into this trash?

          You'd be amazed at the severe Stockholm Syndrome effects that these luxury Eurotrash wagons produce in their fanbase. They don't huff the copium, they're intravenously mainlining it.

      • +2

        Why would you buy Mercedes again after this kind of experience?

    • +3

      This car obviously fails the "merchantable quality" test and especially for the brand and price you paid.

      I'd be parking the car across thier main driveway, block all movements in and out, and tell them they can have the keys when they provide you with a full refund.

    • +6

      "when you buy a car full of tech and complex electronics you are bound to experience the issues"

      It's German trash that's all, nothing to do with whether it's got complex electronics or not. I've had Toyotas with complicated electronics (i.e. 2009 Prius had 400+ new patents just for it's hybrid system) but lasted many 100,000 KMs with no issues whatsoever. Reliable as ever. It goes without saying that if you buy these German 'so called luxurious' cars you obviously pay the price before and after (and until the day you get rid of it or die).

  • -1

    GLC43?

    Check engine lights don't mean catastrophic engine failure. It just means a sensor has picked up a fault or possibly just an anomaly. A $100 O2 sensor can trigger a CEL event for example. It doesn't mean the engine is toast - the sensor likely just needs replacing. Some CEL events may initiate limp mode which is designed to preserve the engine and get you off the road semi safely.

    My opinion will be unpopular but when you buy a car full of tech and complex electronics you are bound to experience the issues you are getting. It's just unfortunate it's happening so regularly to you. I'm not convinced you have a valid lemon law case yet.

    Car Beam lighting not working properly

    What is this? Is it now fixed?

    • +1

      Surely GLC43s aren't over $160k now?? Far out. From memory we bought our GLC43 for $100k and GLC63 for $160k - this was in 2019 when they had ~9 month waits on them. Did get lucky with some deep discounts thanks to connections at the dealership but even then over 160k would be too much for the current GLC43 I would think.

      By Car Beam probably means the particular implementation of Benz's adaptive lighting on the model eg multibeam LED etc.

      I'm split on your opinion - I do think that complex electronics in cars naturally have a greater propensity to have complex issues, should they arise, but don't think you are bound to experience those issues just because you have a car with complex electronics. We've had zero such tech issues with the 43 or 63. But don't get me started on how quickly the brakes and rotors need replacing on these, worn down even faster with adaptive cruise, bloody robbery :D

    • +13

      when you buy a car full of tech and complex electronics you are bound to experience the issues

      I have a Toyota product that is over 12 years old, full of cutting edge tech for the era and everything still works perfectly. The Germans just make crap.

      • Tell Poland and France that.

    • +1

      It's an Mercedes-AMG C 43 4MATIC Sedan

      From the 3rd service report for the Check Engine light service report:

      engine light on and veh shaking, ongoing problems with check engine light coming on, has had 2 previous repairs for 2 problems

      CARRIED OUT DIAGNOSIS ON CUSTOMER'S CONCERN REPLICATED NO ENGINE LIGHT ON VEHICLE WHEN BROUGHT INTO WORKSHOP.
      CARRIED OUT EXTENSIVE DIAGNOSIS ON VEHICLE THROUGH XENTRY FOUND NO ISSUES WITH VEHICLE.
      OPERATING AS PER SPEC AT THE TIME OF TESTING.
      CUSTOMER TO MONITOR & RELAY INFO BACK TO DEALER IF THE ISSUE PERSISTS.

      Each service they don't find the cause of the Check Engine light - they just reset it and tell us to come back if the issue returns.

      • -3

        Is the light on when you take it in?

        • NO ENGINE LIGHT ON VEHICLE WHEN BROUGHT INTO WORKSHOP.

          • -3

            @Muzeeb: Thank you, yes I can read, that was the workshop report. My question was the light on when the OP took it in. I also read the OP saying this

            engine light on and veh shaking, ongoing problems with check engine light coming on, has had 2 previous repairs for 2 problems

            So was the engine light on when they took it in, as these things generally don't magically disappear and have to be cleared once they come on. So not sure why it was magically off when in the workshop unless the dealer cleared it before 'checking'.

            • +1

              @JimmyF: They can self clear after the car performs another systems check (generally after a car restart)

              • -4

                @Muzeeb: I've never had a car that they automagically clear. Once they are on, I've always had to use the diag port to clear the engine light.

                Kinda stupid to self clear, as you'll never find the reason that caused it to come in, which seems to be the case for the OP.

                So OP needs to leave the car running next time it appears, drive to the dealer and demand they read the codes there and then while the light is present if they self clear.

                • @JimmyF: Permanent codes will self disappear if the system is happy.

                  Current codes will require intervention with a scan tool.

                  • -1

                    @Muzeeb:

                    Permanent codes will self disappear if the system is happy.

                    Then they are far from permanent codes 🤔

                    Current codes will require intervention with a scan tool.

                    Not in my experience, once the code has been logged, its logged until cleared.

                    Generally you take note of the codes, clear them and see what comes back.

                    • @JimmyF: They are permanent in the sense that they cannot be cleared with a scan tool. Only the car itself can clear the code when either the issue has been fixed or subsequent system checks are satisfactory.

                      • -3

                        @Muzeeb: What sort of self healing car do you drive?

      • +19

        this documentation only goes against you tbh.
        if they're documenting that they see nothing (which may be true or complete BS), I can only see your dealer pushing back and can't understand how HO or FT would be overly willing to help either.

        If this happens again (likely) I'd recommend getting your phone out and recording exactly what is going wrong, cop a couple $$$ and take it to an independent euro mechanic who will scan and actually diagnose errors and provide a report (without clearing) and then take it to MB to review.
        document what they come back with and then produce your own evidence to the head of the service department and the sales/principal at the dealership and email mercedes HO to request for a refund, noting you'll escalate to FT.

        ALSO please be logical. If you get a refund, please dont then go and by another MB. The brand has just gone down the drain. Give Lexus your money and live in peace

        • -1

          Yep I agree with @JDMcarfan. That's a service report issued for a Karen. You should only go back if/when the car is faulting and with a 5-year warranty there's no reason to panic.

        • this documentation only goes against you tbh.
          if they're documenting that they see nothing (which may be true or complete BS), I can only see your dealer pushing back and can't understand how HO or FT would be overly willing to help either.

          This is par for the course with intermittent issues that aren't physically observed during a service appointment. It doesn't mean the issue isn't happening, it's just that coincidentally never occurs during service appointments and/or the dealership are being dishonest.

          I had a very similar but minor-level intermittent issue with my car's infotainment system while it was still under manufacturer warranty and it was the same story; I scheduled multiple service appointments to try and diagnose the issue but the dealership could never reproduce the problem during their time with the car and kept reporting everything was working normally.

      • +4

        That report looks incomplete. The car should log all errors, even if there is no error right now. From the above details it looks like the dealer is saying the error never existed.

        I suggest videoing the car's behaviour when it faults on your mobile phone.

      • +4

        Over $160k for a C43 now? WTAF?

        Surely, they plug it into XENTRY, which spits out a bunch of codes. The techs can (I know they used to be able to) escalate to head office for technical assistance if they get stuck. I don't know if they can escalate beyond APAC, though.

        It sounds like the hybrid system makes these things so complicated.

        Hell, none of my ancient Italian crap have shit themselves as spectacular as your car.

      • +3

        Ive seen a xentry scan on a gle63. It was a 13 page report that tested almost every component i could think of including seat function.

        It logged that the transmission went into neutral despite the gear selector being in Drive. There was other faults there that tech said just to ignore. Car did it once and never again but had stored it in memory with no lights on dash at anytime.

        These are very complicated cars and everything is computer controlled and monitored. I find it very hard to believe it didn't log the fault code, even if it went away and its intermittent.

      • +1

        Mate ask for a refund and get the bmw m340i. It actually has one of the most reliable engines of all time.
        The driving experience is even nicer.

    • AMG C43

    • +5

      "There has been 4 x week-long service appointments for this six month old car which hasn't even done 2000km yet."

      You think that's acceptable for buying a $160,000 car? I would be furious once my second issue came up.

      I might accept this if I bought a $2000 10 year old car, but in this case it's completely ridiculous, I have no idea how you can possibly say this is in the realms of acceptable.

      • -8

        I would be pissed off as well. It is not acceptable. I did mention…

        It's just unfortunate it's happening so regularly

        Every car has its issues. New 4 cylinder tech with electrified turbos and barely a physical button on the dashboard means when things go wrong it's not going to be pretty.

        which hasn't even done 2000km

        I'm guessing this is part of the issue. Cars are designed to be driven, not garage queens. So many voltage sensitive components in modern cars. The car probably only performs short trips as well. Quickest way to kill a battery and expose electrical gremlins is to not use the car as it was intended.

        • Would you say the same for lexus, may be LS 500?

        • Imagine that , and everyone wants to buy a hybrid/EV !

    • +1

      Muzeeb
      If you were the not-so-proud owner of this lemon I'm sure you would be taking steps to get a full refund.
      This is a brand new car. Not a used one.
      And a $160,000 merc. Not a $10,000 Chinese Great Wall heap of rubbish.
      There should NOT be any faults at all with a new car. Not even with a Chinese Great Wall.
      Modern technology is supposed to make a car more reliable, not failing every 2 weeks.

      Seriously Muzeeb, you've let the OB team down on this one

      • -6

        It would be very naive to purchase a brand new car with emerging technologies not to have some issues. Especially a euro shit box.

        Seriously Muzeeb, you've let the OB team down on this one

        .

        My opinion will be unpopular

        I'm not here to be a sheep with the ozbargain team. This is my opinion and at this stage I'll continue to stand by it.

        • It would be very naive to purchase a brand new car with emerging technologies

          absolutely none of those features that are failing are "emerging technologies".

          What do you exactly think is so special in this car that it warrants alpha testing status on a consumer who paid 160k for the car?

          This isn't a pre-release game on steam.

          What a weird take.

          • -1

            @coffeeinmyveins: The CEL doesn't come on when wireless charging, electric windows, car beam etc fail.

            The CEL is for another issue yet to be determined by the sounds of it. It has come on at least 3 if not 4 times.

            The main emerging tech in this car is the electrified turbo in consumer vehicles.

            So that's the reason for my weird take.

          • @coffeeinmyveins: Nahhh he is right. If I am correct this is the first time they have pushed a 4cylinder this high in the performance tier. It's a brand new engine and will likely have problems.
            The lesson is never buy a first iteration of a new concept.

    • Comments like this are such bs, yes over the life of a car with lots of electronics maybe you'll have a couple more issues but what OP is experiencing is clearly excessive and unusual. If this was the normal and to be expected experience, MB wouldn't sell a single car.

      Also in 2024 the amount of electronics in cars is likely the same across the board. Times have changed

      • -1

        It's just unfortunate it's happening so regularly to you

  • +25

    investment failure

    • +19

      Low yield investment on this one

      • +2

        we even offered to pay extra and upgrade to a higher Mercedes model

        OP did try their luck for a high yield investment.

  • +8

    Went through something along the same lines as this with my partner
    https://www.ozbargain.com.au/node/828698
    Ultimately Hyundai Australia deemed the fault to be catastrophic, and they offered a full refund or brand new replacement.

    I'd suggest you hound the dealer for a refund on the car (that you should be entitled to due to major failure: https://www.accc.gov.au/about-us/news/media-updates/just-bou…)
    You need to be persistent and contact them frequently. Make them fed up enough to pay you out.
    Such issues are unacceptable on a $32k car, let alone something for $160k.
    Cars that expensive are designed to be disposable - leased & dumped at the end of the period by people who can afford to do so (or even those who can't)

  • +1

    Refund it and get a luxury car that is reliable. Or just rent a luxury car. You have surely passed the necessary number of random breakdowns to qualify it as a lemon.

  • +10

    Trade it in for a Lexus, at least they also provide premium service to go along with the premium price tag ;)

    • +1

      I bought one 12 years ago and returned to the brand because of how good their post sales support is. Thankfully the cars have been bulletproof but even minor service issues I’ve raised (because I’m picky, have been sorted with the dealership). Can honestly say I’ve need had a bad experience with Lexus service team (for cars in and out of warranty)

  • +19

    chargeback on your American Express Centurion Card

    • +6

      JV , "you've done it again".

    • Since all their cars are now just click and collect it should be as easy as a chargeback but sounds like it's over 90 days. So up to the merchant if they want to reply or not.

  • +1

    on the plus side, if it's on a novated lease, dont forget to claim the days unavailable to use during April's balancing of fbt

    • -1

      People don't do NLs on cars this expensive. FBT Capital value is too high. Better ways to buy

      • How else, fully offset redraw thru mortgage?
        Actually curious

        • +1

          At this price if you're not leasing it through your own company then you're doing it all wrong. Only the uber rich (or fools) would pay cash for a massive depreciating asset like this.

  • +9

    A dream car purchased for a milestone birthday.

    Nightmares are dreams too.

    But in all seriousness, that does suck.

  • +1

    My mom bought a Mercedes to satisfy her pride. A manual with a dash parking brake release. The Germans call this Feststellbremse.
    It meant that my dad could no longer drive.
    So I could do a fair bit of driving in it. Smooth and nice rides. Precise road handling.
    Service cost: Nightmare. With 90,000km on its clock (tacho had endless issues) making it roadworthy cost more than its value.
    Shortly after it kept literally running away with throttle opening by itself. No dealer could fix, searched 100's of forums, endless question, no fix.
    Eventually I did manage to repair it myself.
    It got sold again well under repair cost.

    But in 1971 I bought a record by a singer born in Austin Texas. The album was called: Pearl. She drove a Porsche but the shortest and most horrible song was about a car brand, yeah the company that literally invented the car….

    • +1

      A song of great social and political importance. That’s it 😉

  • +3

    What? MB Australia hasn’t thrown you under the bus yet?

    • -4

      I asked MB if they would take 87 grands from me for a model EQA. I even showed them the money. MB looked at me and insisted to keep silent on conditions relating to privacy and consumer rights. They even had the nerve telling me that they had too many customers. Auf Nimmerwiedersehen MB Oz.
      Sadly Tesla has 2 options for Queenslanders: Brisbane or the GC. Anybody north also is deemed second class.

      • +1

        Thank you for your brave and impartial retelling of an event that really happened, payless69.

        • Sad to see the German car industry fading but it is mostly their own fault!

  • +7

    "But the same problems keep on happening"
    You have listed different problems, not a recurring one
    .

    • But but but… it's the same light…

      • +1

        One light to rule them all, one light to find them, One light to fault them all, and in the darkness screw them

  • +2

    Sorry to tell you, mate, but your car is toast.

    Tell ya what, I'll do you a favour and give you a grand for the wreck.

    When can you drop it off?

    • +6

      also happy to help. Unfortunately on an oil rig at the moment so will need to send a car transporter around….what was the address again?

    • It's an Mercedes-AMG C 43 4MATIC Sedan

    • -3

      OP needs that dopamine hit

  • +7

    Consult a solicitor to get the best advice.

    But if you want a refund it'll go something like this.

    Ask the dealer where it was purchased for our money back, in writing, with a date you require the refund by. Email and registered letter to the dealer principal so you get read receipts.

    If that fails start a case with the department of fair trading in your state.

    Be prepared to go to court as Merc won't replace a steering wheel under warranty let alone a car, so good luck.

  • +2

    Get pushy and get your money back.

    Get all your documents together then, filing a case in the courts is enough to get them to act.

    I got one Merc and it was enough to save a lifetime of pain. The tax payer should send you a thank you note for the LCT you paid. That was a riskless profit.

    • +1

      filing a case in the courts is enough to get them to act.

      For a $160k car it won’t be as easy. I’ve seen dealers pull the dirtiest $hit for far less. Months and years of court time and headaches ahead for OP if they want money back.

  • Faulty Mercedes?? Never!!

  • +1

    Make sure you keep logs of all communications, date/timestamps, who you spoke dealt with, title, via phone, attendance at dealership. Evidence to Fair Trading if it goes down that route and how much screwing around it’s been.

    Also check out NCAT Motor Vehicle Claims as there maybe a limit to what can be refunded.

    • +1

      From NSW Fair Trading:

      If there is no resolution
      If the dispute is not resolved, the NSW Fair Trading officer or Automotive Inspector will provide options for formal resolution of your complaint. This may including lodging a claim with the NSW Civil and Administrative Tribunal (NCAT).

      NCAT can make orders which are binding. The largest claim that can be made through NCAT is $100,000. If the dispute is about the purchase of a new vehicle, NCAT can make orders for an unlimited sum.

      https://www.nsw.gov.au/driving-boating-and-transport/buying-…

  • +13

    Personally I think the C43 doesn't deserve the AMG badge with a 4-cylinder, and that price is hilarious but congrats to you for being in a position to afford it.

    Sounds like you will have problem after problem with this car even once these issues are resolved.

    I reckon you have a lemon, even though someone else said these sorts of problems come with all the advanced tech, I don't agree. If the car company can't make a cohesive experience with this tech then that's a fault on their end and it's not living up to the standard you expected.

    I'd be pushing for a refund, and take my money elsewhere to another brand.

    Sorry mate.

    • +2

      Oh boy, just wait till you hear the 2024 C63S is also now in a 4-cylinder

      • +4

        Yeah I heard about that. RIP.

        Just like BMW and their M-badge, the AMG badging doesn't mean anything anymore.

        • +9

          The earlier gen AMG's (V8) were for enthusiasts who love a great hand built engine that sounded amazing with decent chassis handling.

          Today's AMG's are for those that want the badge and bragging rights amongst their peers. Little do they know.

          • @Muzeeb: It's the same story with the F-sport Lexus models. Mostly it just means a firmer and more jarring suspension. The engines are the same, as is the performance.

  • +8

    Mum's 25 year old Camry has never had a warning light come on its lifetime, while dad has been driving his MB for the last 25 years with one or more warning lights on and ignores it.

  • +1

    Another question - am I entitled to a copy of Mercedes Service Repair Orders where they'll list all the repairs they've done with each service?

    I've pushed for service records, but they've only given me a $0 'Service Tax Invoice' from each visit which gives a very brief summary of the repairs without much detail.

    • +2

      Yes
      https://www.fairtrading.nsw.gov.au/trades-and-businesses/bus…

      If a consumer asks for an itemised bill, you must give the consumer the itemised bill, without charge, within seven days of the request. It must be expressed in plain language, legible and clear.

      A consumer can ask a supplier for an itemised bill that shows:

      how the price was calculated
      the number of labour hours and the hourly rate (if relevant), and
      a list of the materials used and the amount charged for
      them (if relevant).
      This request must be made within 30 days of:

      the services are supplied, or
      the consumer receives a bill or account from the supplier for the supply of the services.
      The maximum civil penalties for failing to provide consumers with a proof of transaction, or not providing it within the required time, is $15,000 for a body corporate and $3,000 for an individual.

      • +2

        In this case here, there is no charge and therefore doesn't need to be itemised.

        • +2

          I would still pursue this argument as they have provided an invoice, agreed for $0. Its a zero invoice, I would still request an itemised bill.

      • +1

        But there's no cost so there's no bill as @jimb has said…

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