17 hours ago
Florida woman wins arbitration against car dealer over faulty Mercedes — but they still owe $66K. Here's their response
Mercedes-Benz touts its cars as 'the best or nothing,' and that motto extends to its pre-owned vehicles, which must pass a comprehensive, 165-point inspection before being sold.
So you can imagine the frustrations of Kim Muratori when her 2018 E-400 was deemed dangerous by an independent Mercedes mechanic, even though the dealership had said it was fine.
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Just how unsafe was it?
"I was advised not to drive it more than a yard or two," she told local reporters.
And while an arbitrator ruled in her favor, she now finds herself battling an uneven war where the dealership is stalling on its responsibilities as they bleed Muratori dry with costly legal battles.
It's a worst-case scenario and a horrifying ordeal for anyone to experience, so how can you protect yourself when buying a used car?
The luxurious lemon
Muratori purchased her certified pre-owned (CPO) 2018 Mercedes E-400 in November 2022 from Mercedes-Benz of Fort Lauderdale. The model is known for its luxurious feel, comfortable ride and stylish design — and she was thrilled with her purchase.
But just six months after the purchase, things started going wrong.
First, the bumper fell off. Upon inspection, it seemed to have been attached to the vehicle with nothing but zip ties.
Fortunately, the dealership was able to make that repair at no cost, but soon after, the car began running rough. An independent Mercedes mechanic determined that it was caused by a number of issues, including a damaged suspension.
But most concerning was the engine. The mechanic found that the car's odometer had been tampered with — with 71,000 miles actually on the clock, and not the 39,000 the dealership had told Muratori.
"It's almost double the mileage," she said. "I was in shock. When you buy a certified Mercedes-Benz, you expect to be in not just good mechanical shape but the body structure, all those things."
Muratori tried playing by the book, but found herself hitting roadblocks in her efforts to address the root of her problems.
And the faulty odometer was the final straw. Feeling she was scammed, Muratori hired a lawyer and took Mercedes-Benz of Fort Lauderdale to court, seeking arbitration.
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Arbitration rules in buyer's favor
The arbitrator ruled that Mercedes-Benz of Fort Lauderdale violated Section 501.976 (3) of the Florida Deceptive and Unfair Trade Practices Act (FDUPTA).
The arbitrator found that "No reason has been given for the absence of the CPO checklist," which, according to Mercedes-Benz's website, is a requirement for certified pre-owned cars before they are sold.
The arbitrator ruled Mercedes-Benz of Fort Lauderdale must pay Muratori $66,000 in damages, the dealer must take back the faulty Mercedes E-400 and the dealer must pay Muratori back for every car payment she's made and will make as of April 25 of this year
"I felt like the arbitrator was knowledgeable about this process," Muratori said. "He knew the internal paperwork of Mercedes-Benz better than I think they did."
But that wasn't the end of the matter. Mercedes-Benz of Fort Lauderdale immediately appealed to the American Arbitration Association, which promptly denied the submission.
And now, four months later, she still hasn't received a penny.
'(They) basically just blew us off," she said. 'We've made every attempt to notify them. Reach out to their attorney. Their attorney says he's too busy. Maybe next week. So he's avoiding bringing this to a close."
That's because the FDUPTA provides a weak civil penalty of not more than $10,000 for each offense — something unlikely to intimidate the large dealership.
Instead, Mercedes-Benz of Fort Lauderdale has chosen to continue dragging its heels, litigating the decisions, meaning Muratori will have to keep paying her lawyer for the foreseeable future. 'I keep pouring money out, money out, money out,' she said.
When contacted by CBS News Miami, the dealer's general manager directed inquiries to parent company AutoNation, which declined comment due to pending litigation.
Protect yourself from deceitful sales practices
Always research before buying. Compare prices, read reviews, and verify seller credentials before making any purchase. In the case of Kim Muratori, that means understanding Mercedes' CPO checklist and ensuring she received a copy.
Never ignore red flags. Beware of "too good to be true" offers, high-pressure sales tactics, and requests for unusual payment methods.
Read all the fine print. Make sure to scrutinize everything from delivery timeframes, return policies, and other key terms and conditions before purchasing.
Document everything. Keep copies of all receipts, emails, texts, and credit card statements related to your purchases. If something goes wrong, this paper trail becomes your best defense in court.
Know where to report scams. If you've been wronged, escalate through a company's corporate offices first, then report to the Better Business Bureau, FTC ( your state's Attorney General, or another local consumer protection agency.
According to Experian, CPO vehicles typically cost $1,000-$3,000 more than comparable non-certified used cars, so it's critical you ensure you're getting exactly what you paid for — and not a bumper held on with a zip tie.
"Don't let a dealer persuade you to forgo the inspection because the vehicle is certified or covered by a manufacturer's warranty," cautions consumer advocate Anthony Giorgianni.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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