David Saks: Seller Sued for Allegedly Stealing Down Payments

David Saks - Real Estate Broker - The Real Estate Mart of Tennessee, Inc. - 4040 North Watkins-Suite #4 - Memphis, Tennessee 38127 - Phone (901) 357-4663

Seller Sued for Allegedly Stealing Down Payments

Seller Sued for Allegedly Stealing Down Payments

Fernando Chavez-Guillen, has been sued for an apparent scam being perpetrated against mobile home buyers in Albuquerque, New Mexico, who paid a deposit or made a down payment and then never obtained delivery or received their deposit money back.

Chavez advertises the sale of mobile homes in a local Spanish-language newspaper, El Semanario, and then arranges to meet potential buyers at a business location of a licensed mobile home dealer, Enchantment Homes, Albuquerque, New Mexico. According to complainants, (seven so far) Chavez shows consumers mobile homes for sale and either tells them that the unit shown is the one for sale or that the mobile home for sale is identical or similar to the one shown. He then meets purchasers at another location in the South Valley where Chavez is paid a deposit or down payment, and presents an agreement for the buyers to purchase a mobile home. Chavez never delivers the mobile homes and refuses or fails to return the buyers' deposits/down payments. These alleged actions constitute violations of the New Mexico Unfair Practices Act and the lawsuit asks for restitution and civil penalties.

New Mexico Assistant Attorney General Joel Cruz-Esparza has sent a letter to Enchantment Homes advising the owner that his business should not participate in helping to deceive consumers. Additionally, defendant Chavez-Guillen has been sent a Cease & Desist letter advising him to immediately stop the alleged practices.

Attorney General Gary King's office filed the complaint.

"We filed a civil lawsuit today against Fernando Chavez-Guillen, who we believe is targeting immigrant consumers," says AG King. "He is charged with misrepresenting mobile homes he is selling; failing to deliver; taking cash deposits and failing to return them when delivery is not made; all without a proper state license."

courtesy Rachel Dollar - MFB

David Saks

Time&Temp Memphis

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Mr.Saks' participation in ActiveRain ended April 13, 2015.

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Comment balloon 4 commentsDavid Saks • May 13 2011 06:43PM


My Dad was taken by one of these types when I was in Jr High.  The seller took down payments from a number of different "buyers" and took off with the money.

Posted by Cindy Logan (Mark 1 Real Estate Advisors) over 9 years ago

How do people actually think of such devious plans? ... and how in the world can they take advantage of others like that?

Posted by Anonymous over 9 years ago

This is so sad for people really needing a home.  Their hard earned money is gone forever.  There are a lot of scammers out there.

Posted by Rose Mary Justice, Synergy Realty Pros (Synergy Realty Pros) over 9 years ago

I can't believe that people actually paid him in cash.

Posted by Trang Beuschlein, Campbell CA Real Estate - Campbell CA Homes for Sa (Homes for Sale in Campbell CA- Broker-BKR Realty) over 9 years ago

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