East Kellogg used car dealer under scrutiny again after buyers complain about defects

A Wichita used car dealer is under scrutiny again after some of its customers complained that they weren’t told about defects on the vehicles they bought.

A repair shop that inspected one of the vehicles sold by the dealer even deemed it “unsafe and not road worthy,” according to a Kansas Consumer Protection Act case filed this spring by the Sedgwick County District Attorney’s Office seeking thousands of dollars in civil fines and penalties.

This isn’t the first time Wichita Auto Plaza LLC, 5927 E. Kellogg, and the licensed salesperson who operates and manages it, Marco Abraham, have been accused by the DA of engaging in deceptive or unconscionable business practices. In August 2020, Abraham agreed to pay $77,800 through a consent judgment after the DA sued him for selling cars in 2018 and 2019 that reportedly weren’t in the promised condition and needed repairs never disclosed to customers.

In that case, Abraham claimed he hadn’t been dishonest with buyers — some just “complained that they have oil leaks “ and other problems, he told The Eagle at the time — and let them return the vehicles for a refund.

But Wichita Auto Plaza and Abraham later became the subject of more consumer protection complaints after six car buyers notified the DA’s Office that they weren’t told about problems before their purchases.

In response to those complaints, the DA’s Office in October 2021 demanded that the dealership and Abraham “properly disclose all material issues with vehicles they offered for sale ‘including conditions you can reasonably become aware of,’” according to the DA’s May 8 petition.

But the alleged failures on the part of the dealer and Abraham apparently persisted.

In May 2022, a Wichita veteran over the age of 60 who is considered a “protected customer” under state law bought a 2011 Chevrolet Silverado from Abraham for $15,000 without being told that it had structural damage, the petition alleges.

The damage was so bad that a repair shop later determined the truck was unsafe to drive.

Abraham, the petition argues, knew about the structural damage because he was told about it when he purchased the truck from an auto auctioneer more than a month before the sale.

Abraham eventually gave a full refund to the veteran in February, in response to the DA’s investigation, according to the petition.

Wichita Auto Plaza and Abraham also sold a faulty 2016 Ford Mustang to a Wichita woman in June 2022 for $20,682.80 without telling her that the car was missing its airbags, the petition alleges. Abraham knew the airbags were gone and also about other structural damage to the car because he was told about it when he bought the car at auction 20 days earlier, the petition says.

The woman discovered the airbags weren’t in the car when she became involved in a hit-and-run collision. It’s unclear whether she has received a refund.

In a recent phone call asking about the allegations, Abraham told The Eagle he had met with the DA’s Office and said he thinks the Office “canceled” its case against him because “they found no violation.”

Jason Roach, chief attorney with the DA’s Consumer Protection Division, confirmed in a recent email that the DA’s Office spoke with Abraham not long after filing the case “and are attempting to verify information that may result in a resolution of the complaint.”

Roach said Abraham “asked our office to dismiss the case based on actions his dealership has voluntarily taken to address the issues raised in our petition.”

But he said he couldn’t discuss any settlement negotiations that might have occurred because they are “normally confidential.”

The case remains pending in Sedgwick County District Court and neither Wichita Auto Plaza nor Abraham have filed a formal answer to the DA’s petition.

The DA’s Office contends in its petition that Wichita Auto Plaza and Abraham willfully failed to disclose defects about the faulty vehicles sold and also “willfully violated the terms and conditions” of its 2020 consent judgment.

The Office has asked the court to order the dealership and Abraham reimburse buyers plus pay at least $70,000 in civil fines and penalties, $2,000 for investigative costs and court costs of $197.

It also wants their business licenses revoked — or, at minimum, to have them temporarily banned from doing business in Kansas until all money sought is paid — and for the court to order them to provide vehicle history reports and inspection results to all customers before a sale, the petition says.

A hearing in the case is scheduled for July 20.

For more information about how to file complaint about a consumer transaction in Sedgwick County, go to www.sedgwickcounty.org/district-attorney/consumer-protection-division.