Final update: Sorry for the delay!
Friday the dealer called and wanted to meet me halfway, I said "I really don't think so and neither does my attorney, yatta, yatta, yatta! I said I want my $$ back and a ML320 @ cost. I wound up getting a late 1998 Ruby ML320 with 23k on it for $5300 and my car, the ML was listed in the paper at $29,999. I know I could have gone with an attoney and dragged them in the mud(maybe) but in my life "what goes around, comes around". I got to use my car for almost 12k miles and got a beautiful truck for dirt cheap so......I'm happy!
Thanks for all the advice guys and girls and happy Benzing, guess, I'll change my profile now.