Wichita dealership owner barred from business in Kansas after cars sold with blown airbags

WICHITA, Kan. (KWCH) – The Sedgwick County District Attorney’s Office announced that a consumer complaint led to a nearly $400,000 judgment against a Wichita car dealership, which can no longer sell vehicles in Kansas.

The $394,197 default judgment entered against the owner of Carnation LLC accuses him of “engaging in deceptive acts and willfully violating a previous consent judgment under the Kansas Consumer Protection Act (KCPA)” Carnation’s owner, Kayode Ajibolade, also known as Olukayode I. Ajibolade, violated the KCPA by failing to disclose that a car had blown airbags before selling it, the Sedgwick County DA’s Office explained.

“After purchasing the car, the consumer later found an airbag simulator device which disabled the airbag light on the dash, concealing the fact that the airbag had been deployed,” the DA’s office said. “Further investigation by the Consumer Protection Division found 12 more cars sold by Ajibolade and Carnation in the first quarter of 2023 with blown airbags. Ajibolade and Carnation failed to disclose the blown airbags when selling the cars to consumers from the car lot at 1301 E. Lincoln.”

This isn’t the first complaint against Carnation that went to court. In 2019, Carnation LLC entered into a prior consent judgment with the DA’s Consumer Protection Division in which the business admitted to being deceptive by failing to disclose a blown airbag.

In the current case, the Sedgwick County DA’s Office said the court previously found that in April, Carnation’s sales of 13 cars “was undisclosed and concealed blown airbags constituted willful violations of the 2019 consent judgment and the KCPA.”

“The court ordered Carnation LLC to pay $2,000.00 per car in restitution to each of the 12 consumers for a total of $24,000.00. The restitution was later paid by the dealership’s bonding company. Carnation was also ordered to pay $390,000.00 in civil penalties, along with court costs and investigation fees,” the DA’s office explained.

In the latest default judgment, entered against Ajibolade on Nov. 22, the dealership owner “was found to be personally liable, ‘jointly and severally’ with Carnation LLC, for the remaining balance of the judgment, $394,197,” the DA’s office said. This judgment accompanied the court’s decision to revoke Ajibolade’s license to do business and permanently prohibited him from selling cars in Kansas.

In a news release on the judgment against Carnation LLC and its owner, Sedgwick County District Attorney Marc Bennett “reminds buyers to exercise care when shopping for a used vehicle.”

“Because devices can be used to conceal that a car is missing functioning airbags, even if inspected by a mechanic, it is important to also examine a Carfax or similar history of the vehicle before purchase to identify accidents that may have resulted in the deployment of airbags,” Bennett said. “In addition, it is recommended that the consumer perform a general online search of the VIN number of a prospective car purchase, which can often reveal photos of prior damage to the car.”

Copyright 2024 KWCH. All rights reserved. To report a correction or typo, please email news@kwch.com