Help! Lemon Law Filing - 2002 ML-320

[adplusone]

We have finally gotten to filing an official Lemon Law buy-back notice with MB on my wife's 2002 ML-320 (23,000 miles - built in April 2002). There are two issues each of which meet the requirements of Lemon under Texas law. The dealer has been great but they just can't fix the problems.

Does anyone have any updated info on a possible fix on these two problems....

1) On almost a daily basis there will be an incident of accelerator hesitation. From a standing start you step on the gas and nothing happens...no hesitation, no chugging, no revving...nothing for perhaps two seconds. And then the vehicle takes off like normal. We use consistent gas source and it does not (after logging for a couple of months) to make any difference on temp, humidity or engine temp.

2) Much less frequently, maybe once a month or every six weeks the tranny will either suddenly shift down (like 5th- 1st) or it will not shift out of first at all.

My wife really loves this vehicle when it is working right...but it is scary to drive.

Jeff
McAllen, Texas