Allegations Against Mercedes of Fraud and Breach of Warranty Stink

Is there something smelly about Mercedes air conditioning systems?

Seinfeld fans will no doubt remember the smelly car episode where a restaurant valet with terrible body odor left a lingering stench—”beyond body odor”—in Jerry’s car which was impossible to remove despite several cleaning attempts. Jerry and the crew were forced to drive with the windows open and their heads hanging out.

What may be funny on television isn’t funny in real life. If you swap out body odor for “mold and mildew smells that chase occupants out of the vehicles”, you’ll get the gist of a recent lawsuit against Mercedes-Benz with respect to alleged air conditioner problems in scores of its vehicles, dating back as far as 1999 and as recent as 2017.

The breach of warranty lawsuit claims the severe odors are present “as soon as the air-conditioners are turned on and worsen in humid weather” due to an alleged failure of the units to remove condensation. Plaintiffs’ claim the situation encourages an overgrowth of mold and bacteria that has led to respiratory health problems for some of the vehicles’ occupants.

Sixteen different classes of Mercedes Benz vehicles spanning model years 1999 through 2017 have been named in the lawsuit along with Maybach 57 and 62 models from 2002-2013.

Plaintiffs alleged that dealers do not cover repairs to the air conditioning systems—even when under warranty—and that the filter changes and systems flushing provided by dealers doesn’t resolve the problem.

The lawsuit also alleges dealer fraud by concealment. Possibly the most potentially damning evidence against the automaker are multiple technical service bulletins about the moldy odors—allegedly proving the automaker was aware of the problem as far back as 2007. Additional TSB’s were reportedly sent in 2009, 2011 and 2016.

Fortunately, car owners and lessees have remedies against auto dealers who engage in deceptive and unlawful practices. They also have remedies against sellers who don’t stand behind their products and don’t correct problems when their products fail.

If you feel you have been the victim of dealer fraud or breach of warranty, the Law Offices of Timothy Abeel & Associates can help you. Depending on your particular circumstances, you may be entitled to a full refund, a brand-new car, or a cash settlement. Contact us today for a free consultation.

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