If your GLE, C-Class, EQB or Sprinter keeps returning to the dealer for the same defect, you may have a claim under the Mercedes-Benz lemon law California buyers rely on: the Song-Beverly Consumer Warranty Act. When a manufacturer and its dealers cannot fix a warranty defect after a reasonable number of attempts, the manufacturer must repurchase or replace the vehicle.
Mercedes-Benz's warranty booklet asks owners to notify the company directly in writing, points California owners to a state-certified dispute program, and contains a separate arbitration agreement. This guide explains those terms, lists documented recalls, summarizes reported cases and sets out the deadlines. It is general information as of October 2026, not legal advice, and does not suggest Mercedes-Benz vehicles are generally defective.
How California's lemon law applies to a Mercedes-Benz
Under Civil Code § 1793.2(d)(2), if the manufacturer cannot conform a new vehicle to its express warranty after a reasonable number of attempts, it must promptly replace the vehicle or make restitution, and the buyer chooses which. Restitution covers the price paid, collateral charges such as tax and registration, and incidental damages, minus an offset: the price multiplied by the miles driven before the first repair visit for the defect, divided by 120,000 (§ 1793.2(d)(2)(C)). Our lemon law buyback calculator runs that formula.
The Tanner Act presumption in Civil Code § 1793.22(b) applies within 18 months of delivery or 18,000 miles, whichever comes first. It presumes a reasonable number of attempts if a defect likely to cause death or serious bodily injury was subject to repair two or more times, the same defect was subject to repair four or more times, or the vehicle was out of service for repairs more than 30 cumulative days. The first two routes also require direct notice to the manufacturer, discussed below. A claim can also rest on fewer attempts, or on repairs after 18 months, if the number was reasonable.
If Mercedes-Benz willfully fails to meet its obligations, a court can add a civil penalty of up to two times your actual damages, and a buyer who wins recovers attorney's fees and costs (Civil Code § 1794).
Mercedes-Benz warranty terms
Mercedes-Benz's model-year 2027 warranty booklet for its electric models, published on mbusa.com, states that the New Vehicle Limited Warranty runs for "48 months or 50,000 miles, whichever occurs first." The same booklet sets the high-voltage battery warranty at 8 years or 100,000 miles for the EQB, CLA 250, CLA 350 and G 580, and 10 years or 155,000 miles for the EQE, EQS, EQE SUV and EQS SUV. Battery capacity coverage is tied to a minimum stated in amp-hours for each model. Terms differ by model year, so read the booklet for your vehicle, and ask the dealer to print the warranty start date for your VIN.
What the Mercedes-Benz warranty booklet says about notice and arbitration
- Direct written notice. The booklet says Mercedes-Benz USA "requires that you first provide us with direct written notification of any alleged unrepaired defect," to the extent the law allows, sent to the company rather than to a dealer. It lists the Customer Care Center, One Mercedes Drive, Sandy Springs, GA 30328. Under § 1793.22(b), direct notice is required for the two-attempt and four-attempt presumptions only when the manufacturer clearly disclosed that requirement in the warranty or owner's manual. Because Mercedes-Benz discloses it, send a short dated letter describing the unrepaired defect.
- A state-certified dispute program. The booklet describes a Dispute Settlement Program run by the National Center for Dispute Settlement, and says that in California the California Dispute Settlement Program applies and that you may be required to use it before asserting certain rights under § 1793.22(b). The Department of Consumer Affairs lists Mercedes-Benz among the manufacturers that participate in a state-certified arbitration program.
- A separate arbitration agreement. The booklet also contains an individual arbitration agreement with the American Arbitration Association for disputes with Mercedes-Benz USA, including warranty disputes.
What the certified program means for you: under Civil Code § 1793.22(c), when a manufacturer maintains a qualified dispute program and gave you timely written notice of it, you generally must use that program before you can rely on the Tanner Act presumption. It does not take away your right to sue. If you are dissatisfied with the decision, the presumption becomes available again, and deadlines are extended while the program handles your claim. The program is free to consumers, according to the Department of Consumer Affairs.
The separate arbitration agreement raises a different question. In the Ford Motor Warranty Cases (2025), the California Supreme Court held that a manufacturer could not use the arbitration clause in a dealer's sales contract to force lemon law claims into arbitration. An arbitration agreement in the manufacturer's own booklet is a different document, and how it applies depends on its terms. Our guide to lemon law arbitration versus a lawsuit covers the trade-offs.
Mercedes-Benz recalls you should know
A recall alone does not make a vehicle a lemon, but a recall that matches your symptom can explain your repair history, and a recall repair that does not fix the problem can become part of your claim. This is a selection from NHTSA's database, not a complete list. Check your VIN at nhtsa.gov/recalls.
| Model years | Issue | NHTSA campaign no. | Source |
|---|---|---|---|
| ML, GL and R-Class 2006–2012 | Moisture may corrode the brake booster housing, reducing brake performance or causing brake failure. Owners were told not to drive until the remedy was performed (350,294 vehicles). | 22V-315 | NHTSA |
| GLE 350 and GLE 450 2021–2022; AMG GLE 53, AMG GLE 63 and GLS 450 2022 | The steering coupling locking screw can loosen and detach, causing loss of steering control. | 22V-936 | NHTSA |
| GLE 350 and GLE 450 2021–2022 | A 12-volt ground connection under the driver's seat may be improperly secured and overheat, increasing fire risk. | 23V-835 | NHTSA |
| EQB 250, EQB 300 4MATIC and EQB 350 4MATIC 2022–2024; EQB 250+ 2025 | The high-voltage battery may fail internally and cause a fire while parked or driving. Owners were told to charge to no more than 80% until a battery management software update is installed. | 25V-050 | NHTSA |
| AMG E Performance hybrids 2023–2025 (S 63 E, GT 63 S E, GLC 63 S E, SL 63 S E) | A software error can cause the high-voltage starter alternator control unit to fail, resulting in loss of drive power. | 25V-129 | NHTSA |
Loss of drive power, brake failure, steering loss and fire risk are the kinds of problems that can bring the two-attempt safety rule into play. Our guide to brake, steering and airbag safety defects explains how that rule works, and our guide to EV battery and charging problems covers EQ-model issues in more depth.
Reported cases involving Mercedes-Benz
Most lemon law claims settle privately. These are reported rulings and settlements in cases handled by other lawyers. They are not LaCour results.
| Year | Case | Type | What was reported | Source |
|---|---|---|---|---|
| 2020 | Kirzhner v. Mercedes-Benz USA, LLC (California Supreme Court) | Ruling | The court held that only the initial registration fee is a collateral charge, but later renewal and nonoperation fees may be recovered as incidental damages if incurred after the manufacturer's duty to replace or repurchase arose. | Snell & Wilmer summary |
| 2020 | Mercedes-Benz BlueTEC diesel emissions settlements | Settlement | Daimler agreed to pay about $1.5 billion to settle U.S. and California government claims over roughly 250,000 diesel cars and Sprinter vans, plus $700 million to settle U.S. consumer lawsuits. Daimler denied cheating and did not admit liability. | Associated Press via Manufacturing.net |
| 1994 | Kwan v. Mercedes-Benz of North America (Court of Appeal) | Ruling | The court described the civil penalty as meant to punish or deter, and held the manufacturer was entitled to an instruction that its refusal was not willful if it reasonably and in good faith believed the facts did not require a refund or replacement. | CACI No. 3244 (citing Kwan) |
Kwan is one reason your written record matters: documentation that Mercedes-Benz knew of the defect and did not act makes good faith harder to claim. Every case is different. Past results, including those listed here, do not predict the outcome of any other case.
Building your Mercedes-Benz repair record
- Get a repair order at every visit showing your complaint, the mileage and what was done. If the dealer could not reproduce the problem, ask that it say so.
- Describe the symptom the same way each time ("loss of power, limp mode on the freeway"), so the visits read as repeat attempts on one defect.
- Save warnings. Photograph dashboard and MBUX warnings and screenshot app alerts.
- Keep every recall letter and recall invoice. If the recall repair did not cure your symptom, the next visit should say so.
- Keep your direct-notice letter and proof of mailing, plus any case number from Mercedes-Benz Customer Care.
- Track days out of service and keep towing and rental receipts.
What to do if your Mercedes-Benz keeps going back to the dealer
- Keep taking it to an authorized dealer and keep the paper, even when the dealer says it is "operating as designed."
- Call Mercedes-Benz Customer Care at 1-800-FOR-MERCEDES (1-800-367-6372), the number in the warranty booklet, and write down the case number and names.
- Send the short direct-notice letter the booklet asks for. This is not the same as a lemon law demand letter.
- Do not file a dispute program claim, sign an arbitration form or accept a goodwill deal for a release until it has been reviewed.
- Gather your purchase or lease contract, every repair order and the warranty booklet for a free review.
Bought it used or certified pre-owned? See our used car lemon law guide.
Deadlines and the 2025 rules for Mercedes-Benz
Mercedes-Benz has been reported among the manufacturers that opted in to the new procedures created by AB 1755 and SB 26, according to a February 2026 report by Consumers for Auto Reliability and Safety. Confirm it on the Department of Consumer Affairs list, which can change each year.
For opted-in manufacturers, a lawsuit generally must be filed within one year after the express warranty expires and no more than six years after the vehicle was first delivered, with time added while the vehicle is in the shop for the defect and during a qualified dispute program (Code of Civil Procedure § 871.21). To seek a civil penalty, you must send a written demand at least 30 days before suing, and the manufacturer can avoid the penalty by offering a buyback or replacement within 30 days and completing it within 60 days (§ 871.24). The booklet gives a dedicated route for California pre-suit notices. Have a lawyer prepare that demand. Our guide to the 2025 lemon law changes under AB 1755 explains the rest.
How LaCour handles Mercedes-Benz lemon law claims
LaCour Trial Lawyers handles California lemon law claims statewide, in English and Spanish, led by trial counsel. When a claim succeeds, the manufacturer pays the buyer's attorney's fees and costs. Send us your repair orders for a free, confidential review.
Frequently asked questions
Do I have to notify Mercedes-Benz directly before my car counts as a lemon?
For the two-attempt and four-attempt presumptions, California requires direct notice to the manufacturer when the warranty clearly discloses that requirement, and the Mercedes-Benz booklet does. A short dated letter to Mercedes-Benz USA describing the unrepaired defect usually covers it. The 30-day out-of-service route does not require it.
Do I have to use the Mercedes-Benz arbitration program before suing?
You keep the right to sue. But because Mercedes-Benz participates in a state-certified program, you generally must use it before relying on the Tanner Act presumption, if you received proper notice of the program. If you are dissatisfied with its decision, you can still go to court.
How long is the Mercedes-Benz warranty?
The model-year 2027 booklet lists 48 months or 50,000 miles, and high-voltage battery coverage of 8 years or 100,000 miles, or 10 years or 155,000 miles, depending on the EQ model. Check the booklet for your model year.
What is the deadline to file a Mercedes-Benz lemon law claim?
Mercedes-Benz has been reported as opting in to the 2025 procedures. If so, a lawsuit generally must be filed within one year after the warranty expires and no more than six years after delivery, with some time added for repairs. Call promptly, because these deadlines can be short.
Does a Mercedes-Benz recall mean my car is a lemon?
Not by itself. Your claim depends on your own repair history, but a recall that matches your symptom, or a recall repair that did not work, can support it.
Sources
- Mercedes-Benz USA, Model Year 2027 EQ Warranty and Service Booklet
- Civil Code § 1793.2, repurchase, replacement and offset
- Civil Code § 1793.22, Tanner Act presumption and dispute programs
- California Department of Consumer Affairs, California Dispute Settlement Program, participating manufacturers
- California Department of Consumer Affairs, Arbitration Certification Program
- NHTSA, Recall 22V-315, ML, GL and R-Class brake booster, 2022
- NHTSA, Recall 22V-936, GLE and GLS steering coupling screw, December 2022
- NHTSA, Recall 23V-835, GLE 12-volt ground connection, December 2023
- NHTSA, Recall 25V-050, EQB high-voltage battery, 2025
- NHTSA, Recall 25V-129, AMG E Performance starter alternator control unit, February 2025
- Supreme Court of California, Ford Motor Warranty Cases, No. S279969, July 2025
- Snell & Wilmer, "California Supreme Court Clarifies Possible Lemon Law Damages" (Kirzhner v. Mercedes-Benz USA)
- Associated Press via Manufacturing.net, "Daimler AG to Pay $1.5B to Settle Emissions Cheating Probes," September 2020
- CACI No. 3244, Civil Penalty – Willful Violation (citing Kwan v. Mercedes-Benz of North America)
- Consumers for Auto Reliability and Safety, AB 1755 coverage, February 2026
- California Department of Consumer Affairs, opted-in manufacturers list
- Code of Civil Procedure § 871.21, filing deadline for opted-in manufacturers
- Code of Civil Procedure § 871.24, pre-suit notice
This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.