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Wichita used-car dealer banned, ordered to pay $418K. Here’s why

A Wichita used automotive dealership that was beforehand fined for not telling a buyer that the car they bought had a blown airbag now faces a roughly $418,000 penalty after it was found that 13 extra prospects have been bought automobiles with out airbags, the Sedgwick County District Attorney’s Office mentioned Thursday.

The DA’s workplace discovered a couple of dozen of these prospects after one other one purchased a car and later “found an airbag simulator device installed in the car which disabled the airbag light on the dash, concealing the fact that the airbag had been deployed,” a information launch from the DA’s workplace says. Those 12 automobiles have been bought within the first quarter of 2023.

CarNation LLC at 1301 E. Lincoln can be now banned from doing enterprise.

A person who answered a cellphone on the enterprise and mentioned he was an proprietor mentioned the $418,000 would put them out of enterprise and so they plan to sue for the cash they are going to lose out on. He didn’t say who they might sue.

The man mentioned his identify is spelled Kaydee and hung up after being requested to spell his final identify. A 2023 submitting with the Kansas secretary of state says the enterprise is owned by Kayode D. Ajibolade of Park City and Abidemi M. Aluko of Bel Aire.

Court data record Ajibolade, who additionally goes by Olukayode Ajibolade, and CarNation because the defendants.

The man mentioned prospects know and are given paperwork displaying that the car had been in a accident.

“It clearly shows that,” he mentioned. “We don’t hide that.”

He mentioned some prospects don’t really feel snug shopping for a wrecked car, so he recommends they purchase a brand new car or a licensed used from one other dealership.

About reportedly disabling the sunshine on the sprint, he mentioned “the people who make the car look as good as it can be, they do all of that. They make the car look and feel like there is nothing wrong with that.”

He added: “I have no knowledge of any lights. I do my due diligence. I check if there is any mechanical faults with the car, but as far as airbags, we always tell them that we don’t guarantee anything with the airbags. Airbags are not part of what we fix.”

He mentioned they purchase the automobiles wrecked then “we make them look a little better and drive the way it’s supposed to drive. That’s the only thing we guarantee the customer, mechanical reliability.”

He mentioned the dealership signed the $20,000 consent judgment again in 2019 as a result of they didn’t know any higher.

“The first time they got us because we are a minority owned company and didn’t have adequate legal representation,” he mentioned, including he believes they have been focused ever since and once more had hassle discovering a lawyer.

The 2019 settlement got here after a buyer took their 2006 Honda Accord to a store for routine upkeep and discovered the airbag had been deployed and changed and that the body of the automotive was broken. It occurred after that they had the automotive for a number of months.

The newest incident began after an Olathe man bought a 2015 Lincoln MKX for his daughter from CarNation in Feb. 2023. He paid about $12,400. Ajibolade informed him it had an “easy hit to the driver’s door,” in accordance to courtroom data.

The father later tried to exchange the raise gate strut motor and located an airbag simulator diagnostic instrument hanging from a wire harness, courtroom data present, including that disabled the airbag gentle on the sprint. It was later found each aspect curtain airbags had been deployed, the data say.

“Defendants did not disclose the missing airbags … verbally or in writing on the bill of sale,” courtroom data say.

The case was filed in February. The different victims concerned have been found when the DA’s workplace ran a search of automobiles bought by CarNation between Jan. 1, 2023 via March 31, 2023, courtroom data say.

Thursday’s announcement says the $418,197 default judgment occurred after the enterprise engaged in “deceptive acts and willfully violating (the) previous court order.” The case was investigated by the DA’s Consumer Protection Division.

“Carnation failed to disclose these blown airbags when selling the cars to consumers,” the discharge says.

The cash consists of $2,000 to 12 prospects; the Olathe household already obtained a partial refund of $1,600 from CarNation, courtroom data present. About $390,000 will go to civil penalties, courtroom prices and investigation charges.

“The court also revoked (CarNation LLC)’s license to do business in the State of Kansas and issued a permanent injunction against (CarNation LLC) from selling any motor vehicles within the State of Kansas,” the discharge says.

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