In April 1990, Herbert S. Garten went to Valley Motors to purchase a new 1990 Mercedes-Benz Model 300E. Robert Bell, a Mercedes salesman, told Garten that except for some cosmetic changes, the 1990 300E was “identical” to the 1986 300E.
On April 9, 1990, Garten brought in his 1986 car and asked Bell to describe the exact differences between the 1986 model and the new 1990 model of the 300E. Bell explained the changes as only cosmetic; he gave Garten a $17,500 trade-in allowance for his 1986 300E and sold him a 1990 300E for $42,500.
The following morning, Garten had trouble shifting from second to third gear in his new car and called to complain to Bell. Bell convinced him to wait until the 1,000-mile check to see if the problem would work itself out.
On May 3, 1990, Garten brought the 1990 300E to Valley Motors for the 1,000-mile checkup and presented a memorandum describing the problems he was having with the car, focusing on the automobile’s delayed upshift from second to third gear. (The delayed upshift was the result of an emissions control system designed to bring the catalytic converter quickly to operating temperature from a cold start.) Garten returned the 1990 300E to Valley Motors on May 9, 1990, and on the same day, Garten delivered two letters to Valley Motors stating that the 1990 300E was defective and he was revoking his acceptance and rescinding the sale. Garten left the keys to the 1990 300E, requested the return of his 1986 300E, and asked Valley Motors how it could retransfer titles to the two cars. Finally, Garten informed Valley Motors that he would be renting a car until this matter was resolved.
The 1990 300E sat parked at Valley Motors for approximately seven months until December 1990, when Garten retrieved the car. He subsequently traded in the 1990 300E for a new 1991 300E he purchased from another Mercedes-Benz dealer. The total purchase price of the 1991 300E was $43,123.50; he also traded in the 1990 300E for $31,500. Garten says the salesman’s statement was an express warranty he relied on in buying the car. Can he recover? [Mercedes-Benz of North America, Inc. v Garten, 618 A2d 233 (Md App)]