Judge rules BMW owner should get cash for bad sale
When Ross Huffman bought a used Mercedes-Benz from Santa Monica BMW earlier this year, salesmen assured the San Pedro resident he was getting the top of the line.
On March 4, Huffman thought he bought an eight-cylinder S420, but what he actually got was a S320 — the cheaper, six-cylinder version of the popular luxury car.
Huffman realized he was cheated out of luxury when the pink slip and registration papers for his car arrived later that month.
“I was a little disappointed,” said Huffman, who sued the auto dealer Tuesday in Santa Monica Small Claims Court. “I thought I got a very good deal.”
Huffman said the trunk of his car, where the model type is typically displayed, was conspicuously bare. He immediately contacted the dealership, demanding answers.
“They came up with this cockamamie story that they didn’t know it was a S320,” he said. “But they’re in the business of selling cars, they should know.”
He sued the dealer for $5,000, the maximum small claims amount.
Santa Monica BMW sales manager Del Montell testified that the previous owner, who traded in the 1997 Mercedes for a new BMW, told the dealership it was a S420.
Montell claimed he didn’t find out it was a six-cylinder version until after he sold the car. He said he immediately offered to buy it back, but Huffman wouldn’t sell it.
“We’ve been in business for 40 years and we don’t make fraudulent statements,” Montell said. “It’s malicious and it’s wrong.”
But Santa Monica Superior Court Commissioner Donna Groman said it doesn’t matter.
“You sold a car that wasn’t as you said,” Groman told Montell. “And now we need to determine how you will compensate (Huffman).”
Groman asked Montell if the dealership would still buy back the S320. Montell said the dealership wouldn’t because it is now nearly nine months after the initial sale.
Huffman told the court he needed the $5,000 in order to upgrade to the S420. But Montell, who sold the car to Huffman for $24,600, pointed out that the retail value of the 1997 Mercedes S320 is $30,000, according to the Kelley Blue Book.
“We feel that (Huffman) received an exceptional value on that vehicle,” said Montell, who told the court he barely profited on the transaction.
But Huffman argued that Santa Monica BMW’s profits were actually much higher, because the used vehicle was accepted as a trade-in towards a new car — not bought outright.
Groman fashioned a compromise. She awarded Huffman $2,000 plus court costs, and explained her ruling reflected the difference in value as estimated by Kelley Blue Book.
Originally published in the Santa Monica Daily Press print edition on November 20, 2002. Read the original PDF.