I recently got my car fixed at a mercedes benz dealership. To repair the car they had to order a new fuse box and a transmission control module. After they fixed the car, I asked that they return the old parts to me. When I went to pick the car up, they returned the old fuse box but they kept the old transmission control module. They said they have to keep that part because it's a "core part". My question is are they allowed to do that? I'm thinking just because it's their "policy" to keep the part, doesn't mean it's legal for them to do that. My plan was to resell the old part. I'm thinking about suing them for the value of the part. It has to have some value, otherwise why would they have kept it for themselves?
Are mercedes dealerships allowed to keep parts after they fix your car?
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In California they have to return the parts to you unless it's a warrantee repair and if there is a "core" charge you will have to pay that (above the repair cost).
From: California Dept of consumer affairs
Return of old Parts
When you sign the written estimate or work order, you can ask the shop to return to you any parts that were replaced. The shop is required by law to return the parts to you only if you ask for them before the work is done.
If the shop installs a rebuilt part, the old part is usually returned to the supplier as partial payment for the rebuilt part. This payment is called a “core” charge. If you want the old part back, you may have to pay the core charge.
If the shop must return the replaced parts to the supplier under a warranty, you will not be able to get those parts back, but you have a right to see them.
If the shop charges for hazardous waste disposal, the technician or service writer must list the charge and its Environmental Protection Agency (EPA) number on the invoice.
From: California Dept of consumer affairs
Return of old Parts
When you sign the written estimate or work order, you can ask the shop to return to you any parts that were replaced. The shop is required by law to return the parts to you only if you ask for them before the work is done.
If the shop installs a rebuilt part, the old part is usually returned to the supplier as partial payment for the rebuilt part. This payment is called a “core” charge. If you want the old part back, you may have to pay the core charge.
If the shop must return the replaced parts to the supplier under a warranty, you will not be able to get those parts back, but you have a right to see them.
If the shop charges for hazardous waste disposal, the technician or service writer must list the charge and its Environmental Protection Agency (EPA) number on the invoice.
The part they installed is remanufactured. Remanufactured parts are typically sold on an exchange basis, i.e. you receive the remanufactured part and they keep the old part in exchange, so that it can be remanufactured and sold to someone else. If everyone kept their old parts, there would be no faulty parts to remanufacture and the entire remanufactured parts industry would collapse.
I worked at a dealership in the 70's. I was responsible for warranty repair orders. On new car warranties the manufacturer (Chrysler in my instance) would require that parts be retuned to them depending on the expense per unit repaired by the dealership. Basically, the bigger the crook you were with the manufacturer, the stricter they were with the dealership. I always tried to keep our warranty claims submitted to cover the time a tech would spend on customers vehicles. The result of that was we generally had to return little or no parts, except for rebuilt exchange parts. At that time with Chrysler, the only parts that they had an exchange for were steering boxes, and automatic transmissions. Any rebuilt parts we bought for repairs, be it from the local parts store we were charged a core fee. If you want your old part that was replaced, then you should be able to keep it by paying for the core charge. IMO your paying for a transmission control module core has little value unless you have a business rebuilding them.
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