Fiesta Wholesale Homes, LLC I PAID $67,000 FOR A MOBILE HOME AND THEY WON'T DELIVER...MY 6 YR OLD NEEDS A HOME Melissa, Texas

*****Do Not Buy From Fiesta Wholesale Homes, LLC...he is a crook!*****

My family is relocating to Texas from Ohio to assist with my mother who has dementia.  We plan to put a mobile home on her property so that I can be in very close proximity. I paid in full, $67,000.00, for a mobile home from Fiesta Wholesale Homes, LLC in Melissa, Texas on May 11, 2010. 

Due to an estate property sell falling through at the last minute in Ohio, I called Herman Torres, owner, on the 4th day and asked if I could cancel and if so, what would the penalty be.  I knew it was 1 day beyond my 3 days to rescind and I expected to pay a penalty.  For 2 weeks, he told me it wouldn't be problem, he could get all of my money back. He NEVER led me to believe there was any kind of "dispute"!!!  He requested I write a letter of cancellation on the 7th day and I wrote a letter ASKING if I could be allowed to cancel. 

On May 25th, I received a very nasty and threatening letter from his attorney, Mark Bragg, stating that they would refund 50% of my money if I signed that day, otherwise, they would keep my money and sue me for over $100,000.00!!!  I did not sign and obtained legal counsel.  I guess he couldn't bully this "stupid woman" as he must have assumed he could!

We filed a lawsuit, they countered to abate for arbitration per our contract and won that hearing.  The judge advised them to go to mediation first, then arbitration if necessary.  They asked us to mediate, we agreed, they cancelled first hearing and left 2nd hearing early and never responded to our final offer (which mediator said would resolve the case).  We filed for Arbitration, they never even responded to the American Arbitration Association's request for fees and a waiver of language in my contract.  The AAA declined jurisdiction, advised Fiesta that they would not hear future arbitration cases involving his company and requested that he remove their name from his contracts he provides his victims. 

We have filed requesting the judge reinstate my original lawsuit. 

As of now, the attorney for Fiesta, Mark Bragg, has been completely unprofessional.  He stood before the judge and lied repeatedly.  Maybe I am naive, but I was stunned! 

First excuse -they said I "refused delivery" but can't produce one piece of evidence to prove that...because it does not exist.  They even said in writing that they sold my house to another customer yet when the State of Texas Dept of Housing, Manufactured Housing Division conducted a surprise audit at their location as part of my formal complaint, they found no evidence that it had ever been sold or attempted to sell to another customer.

Second excuse - they said they paid in advance, movers to load my house but can't produce any evidence to prove that either...because it did not happen! My house sits untouched one mile from the location I intend to have it placed. Why would he pay someone "in advance" to split, wrap, and load a house that I have asked to cancel????  Another lie told by Mr. Torres! 

Third excuse - they said Mr. Torres missed out on a "bonus" of $15,000.00 he would have received if he had sold one more house during the month of May but since I "cancelled" he didn't get it...that can't be true because he did sell the house....I paid in full and demanded delivery during the same month!!

Mr. Torres has repeatedly told the investigator from The State of Texas that he intends to settle this and give me my house but again, he lied.

This company and this man steal money for a living.  They now have an F grade with the BBB, they had an A when I purchased my house.  I did due diligence before choosing this retailer and visited from Ohio several times prior to paying him.  He has several complaints against him with the Texas Dept of Housing Manufactured Housing Division! 

I have paid over $12,000.00 in attorney fees so far and I will continue until I get my house!!!  I have limited funds but I cannot let him steal my home that I paid for!!!  I did nothing wrong except I put my trust in a scam artist!!!

I have documents to back-up my truth...let's see Fiesta produce any!!