COLUMBUS, Ohio — Ohio Attorney General Dave Yost has filed lawsuits against two Columbus-area used-car dealerships accused of odometer tampering and failing to inform consumers when they were buying rebuilt salvaged vehicles.
The lawsuits were filed against S Automotive and its owner, Simon Nwaru Jr., and Kalango Links and its owner, Korite Michael Kalango.
“These dealers went out of their way to make sure that customers had no idea what they were actually buying,” Yost said. “Consumers didn’t realize their car would come fully equipped with buyer’s remorse.”
The Ohio Attorney General’s Office received 57 complaints about the dealerships.
Thirty-nine were about S Automotive, currently operating in Whitehall. Of those, 33 were able the dealership’s failure to deliver titles, three were about misrepresentations and three about odometer discrepancies.
Twenty-six of those who filed complaints about title issues were not aware that the vehicles had odometer issues.
In the Kalango Links case, Yost’s office received 18 complaints, most alleging odometer tampering. The dealership operates on Cleveland Avenue in Columbus.
The investigations of both dealerships found in some cases that they had been selling cars with rebuilt titles but did not disclose the information in writing to buyers.
A rebuilt title is issued to vehicles that have been repaired after having been declared a total loss by an insurance company because of collision damage, fire or flood, or a manufacturer’s buyback due to lemon law claim.
The lawsuit accuses S Automotive of violation the Ohio Consumer Sales Practices Act, the Certificate of Motor Vehicle Title Act and the Odometer Rollback and Disclosure Act, including:
- Failing to file applications for certificates of title within 30 days after the assignment or delivery of motor vehicles.
- Selling motor vehicles to consumers and then failing to obtain certificates of title on or before the 40th day after the sale.
- Failing to disclose to consumers that they were purchasing a rebuilt salvaged vehicle.
- Misrepresenting the odometer disclosure statements.
- Failing to provide true and complete odometer disclosures.
- Adjusting, altering, changing, tampering with or setting back an odometer of a motor vehicle.
Yost is asking Nwaru to reimburse consumers for the vehicles they bought and recover the amount of money the Title Defect Recision Fund paid to resolve the consumer complaints.
The lawsuit is asking the court to impose civil penalties and prohibit Nwaru from maintaining or applying for auto-dealer or salesperson licenses.
Kalango Links is accused of violating the Ohio Consumer Sales Practices Act and the Odometer Rollback and Disclosure Act.
In that case, Yost is demanding reimbursement to customers and pay civil penalties and court costs. It also is asking the court to stop Kalango from maintaining or applying for auto-dealer or salesperson licenses.
When buying a used car, Yost’s Consumer Protection Section is reminding people to take the following steps:
- Check for any complaints against the dealership with the Ohio Attorney General’s Office and Better Business Bureau.
- Get everything in writing and read the fine print.
- Take the vehicle for an extended test drive.
- Ask about prior damage, defects and repair history. Check out the vehicle’s history through the National Motor Vehicle Title Information System at nmvtis.gov
- Ask a trustworthy mechanic to check the car for problems.
- If a dealer does not provide the title within 30 days of the purchase date, contact the Ohio Attorney General’s Office.