Mercedes-Benz EQS SUV Lemon Law

It can be. The battery-shutdown software defect was recalled (NHTSA 24V372), but a recall alone isn't a lemon. If the software update doesn't fix the power loss, the electrical faults keep returning, or your EQS SUV is in the shop repeatedly for the same issue, you may be owed a buyback, replacement, or cash settlement under California's Lemon Law, with Mercedes-Benz paying your attorney fees.

Yes. A sudden loss of drive power is a serious safety defect, which California treats more seriously and which can require fewer failed repair attempts to qualify. Have the recall repairs performed, keep your repair orders, and get a free case review.

Usually yes, and this is where owners of expensive EVs talk themselves out of strong claims. The mileage offset is calculated from the miles you drove before your first repair attempt, not your current odometer — so miles accumulated while Mercedes worked through the problem do not reduce your recovery. On a six-figure SUV the buyback follows what you actually paid, and the attorney fee award is paid by Mercedes and scales with the case.

No — that pattern generally helps. A defect that returns after being declared repaired is the classic profile of a lemon, not evidence the problem was solved. It matters especially here: Mercedes issued a follow-up campaign after some fuse boxes were reworked incorrectly during the earlier repair, so owners have been through the same failure across more than one attempt. Each visit counts, and the clock does not reset because a fix held for a while.

Often, yes — and this is where owners undercount their history most. If the manufacturer documents a software release as the remedy for a defect you reported, that is generally an attempted repair even though you never delivered the vehicle. Save the release notes and any message identifying an update as the fix for your issue.

Yes. California law does not require every complaint to be the same complaint. A collection of substantial defects that together impair the use, value, or safety of the vehicle can support a claim even where no single symptom recurred four separate times. Service advisors treat each as unrelated; the statute does not.

It can matter a great deal. The law counts days your vehicle is out of service regardless of the reason. Thirty or more cumulative days during the warranty period creates a presumption in your favor. The days need not be consecutive, and being given a loaner does not stop the clock. Keep a written log of every date the vehicle was unavailable.

Tighter than most owners assume. Mercedes-Benz opted into California's AB 1755 procedures, so a claim generally must be filed within one year of your express warranty's expiration and no later than six years from the vehicle's original delivery date — materially shorter than the four-year rule applying to manufacturers who did not opt in. If your warranty has lapsed or is close to it, check the date first, not last.

Yes. Civil Code section 1795.4 gives a lessee the same rights and remedies as a buyer. Restitution on a lease covers your capitalized cost reduction and down payment, the payments you have made, and taxes and fees, and the manufacturer pays off the remaining lease obligation. There is no equity component, so the figure runs lower than a purchased vehicle at the same sticker — but the claim is just as real.

Every repair order, including visits closed as no problem found; correspondence identifying a software update as a fix; your purchase or lease agreement; all recall letters; written confirmation of any parts backorder; receipts for towing, rentals and loaners; and a log of days out of service. Include both recall letters if you have them — the original fuse campaign and the follow-up.

Nothing out of pocket. Under California's Lemon Law, Mercedes-Benz pays your attorney fees on a successful claim, so you can pursue a buyback or replacement without paying upfront.