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  #1  
Old 06-14-2007, 03:54 PM
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No service records due to privacy laws

I was looking at a 2002 ML500 for private sale that was being sold for the original owner who had moved back to Germany. Claimed to have been serviced by the local dealer. When I checked with the dealer by providing the VIN, the dealer stated that they could not provide service records due to privacy laws. Only a letter of permission from the original owner would suffice. Apparently, even after I purchase the vehicle, they would not provide the previous service records because the service records belong to the owner of the vehicle at the time the records were generated.

To me, that means there is no way to get a service history if the original owner didn't keep the receipts. Too bad for me.

Here's the delaer's quote, "The records are the property of each owner, without written permission we cannot pass them on, combine files, or even let you view them. In the past we had policies in place to be discreet for our clients but now with privacy laws in place without something in writing we cannot pass on information. You may become the new legal owner of a vehicle but the records are the property of the previous owner."

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  #2  
Old 06-14-2007, 04:16 PM
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Join Date: Mar 2007
Location: Houston, TX
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We have the same thing here in Texas. You need consent from the prior owner before you can see the service records for the vehicle.

It seems kind of silly over car maintenance. The fear, I suppose, is something like health records -- what if your employer's health insurance company could get full records on your last twenty years of doctor visits before agreeing to insure you? They have to obtain consent. Privacy trickles on down to lots of other things, too.

Cheers, John
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  #3  
Old 06-14-2007, 05:44 PM
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Gotta be honest, law or no, this has been pretty much our shops policy for years now. As far as we're concerned the records belong to the one who pays the repair bill. With their permission, we'll release what ever they'd like.

Several used car lots in our area use our services both pre and post sale, in those cases, they "own" the details of our actions. If the new owner of the car wants to know what was done, they need to contact the dealer who paid for the repair.

What get's ugly is when, during a private party sale, both parties show up for the "pre-purchase inspection". Then you have to deal with an "owner" who is unhappy with us disclosing the results of the "customer"'s paid for inspection.

Try to think of it with roles reversed, would you want everyone of your previous vehicle complaints printed out and handed to the purchaser of your old vehicle? Don't you suppose they might ask about why you decided just to charge the A/C a month ago rather than replace the evaporator? Maybe they're not happy that you disobeyed the manufacturer's recomendations and changed your transmission fluid anyway? Especially when the trans fails after they've owned the car for merely six months? Believe me we see a lot of strange happenings, and have had more than one customer state that they'll never sell private party again... Remember, lot's of times the folks you're selling to know where you live...

MV
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  #4  
Old 06-14-2007, 05:49 PM
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I don't get it. Seems to me only a complete idiot would buy a new, or newish Mercedes without a full service history.

- Peter.
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  #5  
Old 06-14-2007, 06:01 PM
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Perhaps, but many feel that only a complete idiot would give away such information to just anyone.

I'm not saying it's right or wrong, but many aren't comfortable allowing anyone to know any of their business.

Myself, I'll let you know just about anything you ask. If I'm not comfortable answering, I'll just say "I'm not going to tell you that". It's a simple system that works well for me, but many feel the need to live in the utmost secrecy. I'm not sure why.

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  #6  
Old 06-14-2007, 07:07 PM
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I hate this.

All dealers follow this policy. The last three vehicles I bought from dealers (Subaru, Volvo and Mercedes) did not release the history of the cars, but I was able to find out anyway, beginning with calling up or visiting the shops that had stamped the service books during the course of the car's history.

I think some shops and dealers would provide the basic information. It's important to me to get as much as possible, if I am going to buy that car.

One thing that always worked was a polite letter to the previous owner or the shop, with at least a $20 bill for "expenses" and a request to talk about the service history of the car, or for a copy of the records.

After a huge effort, I found it extremely worthwhile to have reconstructed the history of the cars I bought. The peace of mind, coupled with the practical knowledge, was worth the trouble it took.

Usually the best cars show up as used on the dealer's lots, but without books and records. If they are with the car, usually the detailer is instructed to discard them, to protect the so called "privacy" of the prior owners.

I have NEVER encountered an owner who minded talking about the car they had, after it was traded to a dealer. The dealers were another matter, some of them were un co- operative, but not all.

Also, sometimes records of repairs at Mercedes dealerships, are simply purged from the dealer's system after a few years. Simply put,the older the car, the less likely the records would be there.
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  #7  
Old 06-14-2007, 11:18 PM
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IMO, the service records should be tied to the vehicle. Not only are these records important, but they have the history of the car. Airplanes have log books and EVERYTHING is required to be entered.
My opinion is that cars should have the same requirement. It would help eliminate salvage cars being passed as just used, falsified repair records and other improprieties....

I do not think 'privacy laws' should allow the car records to be tied to the individual, but to the car itself.

If you buy a house, it is required that the owner disclose any problem.
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  #8  
Old 06-15-2007, 12:10 AM
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it's an apples/oranges comparison....

FAA has this codified, and effectively, a part of the laws. Are car owners (and
society) willing to front the cost and overhead in requiring similar structure for
cars as they do with aircraft? Be clear in understanding that in aviation, all
crafts are required to be repaired and maintained by FAA qualified mechanics.
Only a limited number of repairs and maintenance is allowed by the owner.

All work needs to be done whether you agree with them or not. If the job
isn't done, your car is grounded. If you get in an accident, you're at fault for
allowing the vehicle to be operated and in non-compliance. Are we really
asking for this kind of similar enforcement?

Home sales require this if there are known defects. It is absent any mention
(or requirement) that disclosure is an entitlement for all maintenance performed.

One thing for sure: so much of what occurs here in the US is dictated by prior
lawsuits, litigation and awards. Logic isn't always tied to how we do things...
rather (and sadly so) how much money is at risk. If the action tempts
litigation, then the next sound you hear is of the huge metal door closing.
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  #9  
Old 06-15-2007, 12:29 AM
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The laws are there to protect you. Be happy that they exist because the principle encompasses many other things that you would agree to for your security, believe me.

As a buyer, you have a choice and are expected to make an educated, well informed decision. If this law gets in the way in any form, don't scoff at it, just move on to the next potential vehicle. Again, it's there to protect you and isn't shaped to make things easy or detailed for a buyer.

For example, I've flipped through the service history of the vehicle I bought earlier this year. I'm very happy that I have it to back up the history of the car for future reasons or just substantiate its pedigree. Would I have not bought this car if it didn't have it? Possibly. But looking at the data contained in this paperwork, I would definitely not want to have these documents fall in the wrong hands. There's even a receipt in here that has a previous owner's credit card number on it from when a window was replaced by a mobile unit and # hand written on the paperwork, and only from 2006. I cut that part of the receipt out and trashed it. Not exactly the kind of data you would find in a dealer's database, but i think you can understand the point of this security measure.

Calling the dealer for service history isn't going to expose this type of delicate information. But you can't draw lines around the issue and have to be forced to apply a law that covers it all.

Last edited by kwontumspeed; 06-15-2007 at 12:34 AM.
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  #10  
Old 06-15-2007, 01:25 AM
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FAA Regulations

This may be a little off-course, but here is a little known fact, even among people within the airline industry: An FAA repair station must only retain records of aircraft repairs for a two-year period. Many of the repairs made at repair stations do not make their way into the aircraft logbook. Ask me how I know.

http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgFAR.nsf/0/6DBC10CBB7CFC95E86256DC00055ED6E?OpenDocument
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  #11  
Old 06-15-2007, 07:57 AM
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MB's rule on this varies. What is the determining factor? How well do you know your service writer. In TX it was no problem to obtain records - Higgenbotham in JAX - NO WAY the guys an arse.
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  #12  
Old 06-15-2007, 12:31 PM
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Quote:
Originally Posted by TX76513 View Post
MB's rule on this varies. What is the determining factor? How well do you know your service writer. In TX it was no problem to obtain records - Higgenbotham in JAX - NO WAY the guys an arse.
FWIW, it's not MB's rule, it's Uncle Sam's. The guy in Jacksonville knows the rules. The guy in Texas broke the law if he handed over service files to a potential buyer. The reason is simple. Customer service files contain names, addresses, phone numbers, and credit card information. If a car dealer handed out personal information about me, and I found out about it, I'd own the place.
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  #13  
Old 06-15-2007, 01:54 PM
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i know one time when i was looking at buying a Q45.. i slipped the service writer a $20..and he gave me a printout...

i guess that's apples to oranges.... but a bit of grease worked. i remember the PO name...but not much else... certainly no credit info
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  #14  
Old 06-15-2007, 02:07 PM
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Well, I guess this is one of the benefits of buying and selling cars yourself, rather than through dealers. If you keep your car up, that would make yours worth more to the right buyer than one from a dealer. On the other hand, buying one from an owner who also kept their car up properly and has the service records would add a certain amount of value to that car.
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  #15  
Old 06-15-2007, 03:06 PM
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Quote:
Originally Posted by ILUVMILS View Post
FWIW, it's not MB's rule, it's Uncle Sam's. The guy in Jacksonville knows the rules. The guy in Texas broke the law if he handed over service files to a potential buyer. The reason is simple. Customer service files contain names, addresses, phone numbers, and credit card information. If a car dealer handed out personal information about me, and I found out about it, I'd own the place.
You are thinking about something else - there are no names, credit card numbers, ssn's. It has the VIN# and job codes for what was repaired.

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