Mercedes-Benz EQB Lemon Law

The EQB's high-voltage battery has been the subject of an ongoing fire-risk recall. Mercedes-Benz has reported that certain battery cells produced during an early period may be less robust against stress over time and can develop an internal short circuit at high states of charge, creating a risk of fire while the vehicle is driving or parked.

Because of that risk, Mercedes-Benz has warned EQB owners to park the vehicle outside and away from buildings and to limit charging to no more than 80 percent as an interim precaution until the repair is completed. Living with an 80 percent charge cap on an electric SUV cuts into the range you paid for and can make the vehicle impractical for everyday use.

The latest campaign (NHTSA 26V073) replaces two earlier recalls that tried to address the same defect with battery-charging software limits that did not resolve the problem, and the remedy is now a full replacement of the high-voltage battery at no charge. When a software fix fails, a replacement battery is backordered, or the fire-risk warning keeps the car parked outside for weeks, California's Lemon Law may apply.

A recall is not automatically a lemon — it's the manufacturer acknowledging a defect and offering a free repair. California's Lemon Law (the Song-Beverly Act) comes into play when a substantial defect can't be fixed after a reasonable number of attempts, or when your EQB has been out of service for 30 or more cumulative days.

If your Mercedes-Benz EQB qualifies, you may be entitled to a buyback (a refund of what you've paid, minus a mileage offset), a replacement vehicle, or a cash-and-keep settlement — and Mercedes-Benz pays your attorney fees on a successful claim, so pursuing your case costs you nothing out of pocket.