Wichita auto seller to pay $77,800 after complaints about defects, car conditions
A Wichita used car dealer will pay $77,800 following customer complaints about car conditions and refusal to fix problems discovered post-sale.
Marco Abraham, a salesman and manager at Wichita Auto Plaza LLC, entered into an agreement with the Sedgwick County District Attorney’s Office last week that not only reimburses buyers for the faulty transactions but also bans him from deceptive business practices going forward.
According to the agreement, known as a consent judgment, Abraham sold three cars in 2018 and 2019 that weren’t in the condition promised and needed repairs that he didn’t disclose prior to the sales. The dealership he works at is located at 5927 E. Kellogg in Wichita.
In a phone interview with The Eagle, Abraham said he wasn’t dishonest with customers and said some just “complained that they have oil leaks” and other problems. They returned the cars and got their money back, he said.
Abraham said the allegations in the DA’s agreement have “nothing to do” with the dealership and that the business “did not do anything wrong.”
“It was me personally.”
Court documents show:
In one transaction, Abraham refused to fix oil and coolant leaks on a 2011 BMW 550XI that a Sedgwick County couple bought for $19,547.80 — even though other mechanics determined the problems pre-dated the sale.
In another, he told a Stevens County woman that a 2004 Chevy Silverado she ended up buying for $7,722.80 was “in great condition” and had “very little hail damage” when in reality it had severe hail dents, “was unsafe to drive” and not worth the cost of needed repairs.
In a third transaction, Abraham sold to a Sedgwick County woman a $1,596 extended warranty and a 2007 BMW X5 that started having problems within a month, without disclosing the findings of a prior inspection that showed the car had a leaky water pump and transmission pan among other issues. The woman paid $8,045.30 for the BMW and was told the car was “in great condition and should last up to 250,000 miles” and that the extended warranty would cover any repairs.
Abraham later refused to take the car back and refund the purchase price plus the cost of the warranty.
The district attorney’s office sued Abraham and Wichita Auto Plaza in December, alleging violations of the Kansas Consumer Protection Act. The DA’s office later dismissed claims against the dealership.
In a news release announcing the settlement, the DA’s office said Abraham “admitted he refused to acknowledge implied warranties when he sold three cars with pre-existing defects, failed to disclose those defects, sold an invalid warranty to one consumer and then refused to pay for repairs or provide a refund.”
Abraham’s $77,800 fine includes $37,269.20 that will go to the car buyers; $333.80 in investigative fees and expenses; and $197 in court costs. He also agreed to pay a $40,000 civil penalty and cooperate with investigation into future complaints for the next two years.
Sedgwick County District Judge Deborah Hernandez-Mitchell signed off on the consent judgment Aug. 11.
