By From the people’s court in the Santa Monica Courthouse By John Wood
Marina Auto learned a costly lesson in used car warranties last week when it was ordered to reimburse a Pacific Palisades man, who claimed the dealer sold him a lemon.
The letter of Steven Howard’s contract with Marina Auto allegedly did not protect damaged parts in his 1987 Mercedes, but Howard argued the dealer should still pay because it intentionally misled him and covered up damages that quickly became evident.
Just four days after buying the used Mercedes in April 2002, Howard said he began to smell diesel fumes. His mechanic said the car needed new hoses, but the dealer said the cost of new hoses wasn’t covered by the warranty.
Another four days later, Howard said the car stopped running completely. Again, the dealer suggested a temporary fix that was not covered by the warranty. It worked, but shortly thereafter, the entire transmission fell apart and Howard spent $960 to have it repaired, he testified.
Howard said Marina Auto refused to cover any of these expenses. The dealership said the temporary repairs weren’t covered by the contract, and later, when transmission work was required, Howard said they told him the warranty had expired.
Howard grew frustrated. “I think this outfit has an obligation. If there is a known defect with the car, I don’t think they can sell you the car,” he told the court. “They clearly knew something was wrong with the car and they didn’t tell me.”
A representative from the dealer explained that at the time the transmission was finally replaced, Howard’s warranty had expired. He denied any wrongdoing.
The judge also heard testimony from an independent mechanic brought by Howard who said any observant car shop would have quickly realized the transmission was on its way out.
Commissioner Donna Groman ruled against Marina Auto for $1,967 plus court costs, the full amount Howard was seeking for repair expenses.
Originally published in the Santa Monica Daily Press print edition on December 23, 2002. Read the original PDF.