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.”