The owner of a south Broadway car dealership who sold a BMW without telling the customer it was a rebuilt salvage will pay $17,500 in fines and civil penalties for that and other failures to disclose information.
In a consent judgment filed Tuesday in Sedgwick County District Court, Rodriguez Auto Sales owner Jorge Rodriguez also admitted that he didn’t tell the BMW’s buyer about two active safety recalls that affected the car’s airbags, didn’t display a buyer’s guide on the car, let an unlicensed salesperson sell it and refused to take it back when the buyer wanted a refund.
He also didn’t tell the buyer that he had a right to cancel the transaction in three days and didn’t mention that the car was being sold by a dealership instead of an individual, which is against the law.
Rodriguez Auto Sales is located at 2859 S. Broadway, near 31st Street South. It used to operate in Park City at 6330 N. Broadway.
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Court records in the case say a Marion County man bought the 2003 BMW 325i from the unlicensed salesperson at Rodriguez’s home after seeing it advertised for sale on Facebook Marketplace in March.
After paying $3,100 and receiving the car’s title, the man learned it was a rebuilt salvage. He filed a complaint with the Sedgwick County District Attorney’s Office’s in April when Rodriguez wouldn’t give him his money back and accept a return.
Under the consent judgment, Rodriguez is required to disclose all safety recalls to potential buyers, be upfront about who is selling his cars and correct other missteps. A case against the unlicensed salesperson isn’t yet resolved.
Of the $17,500:
- $2,642 goes to the BMW’s buyer for restitution
- $14,500 represents civil penalties
- $161 is for the DA’s investigative fees
- and $197 is for court costs.
You can check your cars, trucks, and motorcycles for safety recalls at www.safercar.gov/vin.