Used, you can't get ZCP. I witnessed the same thing, '09 was about $8k less than new. For 2 years' depreciation plus a valuable option you can't get on an '09, buying used was not the economic decision right now. Used cars are at a premium.
Sure, the guy was offered $50k for an '09 in 2010. He'd probably still be offered $50k for an '09 now. Many CPO'd '09's are on lots for mid-50's. 3 months ago, my dealer's best offer on an '09 was $57k. $10k more for ZCP and brand new with an additional 2 year's of maintenance was a no brainer.
E92 M3 MR on Red/Black ZCP Sound
2007 997S - sold
2003 E46 M3 Steel Grey on Red- sold
1997 E36 M3 Arctic Silver on Black- sold