Valley mom fights son's car deal, wants money back: "He's only 17!"

Valley dealer takes thousands from minor and won't give it back!
Posted at 6:00 AM, Nov 19, 2019
and last updated 2019-12-23 10:11:23-05

If you're a parent, you'd do anything to protect your child. It's why a Valley mom says she's been fighting for nearly a year to get her son's money back from a car dealer.

Nichole didn't want us to use her last name, or her son's name, to protect him. But about a year ago, she says he came home with a surprise. He said he bought a car.

Nichole says she was shocked, and knew nothing about it.

Her son showed her a signed contract where he would pay more than $4,000 at nearly 24 percent interest. He gave the dealer $4,000 up front, but he came back without a car saying it wasn't ready that day.

Nichole says that was hard-earned money from a job her son had after school. And she says the deal never should have happened.

That's because her son is only 17 years old. As a minor, he can't sign an agreement to buy a car. So she says she went down to the location, Fast Trac Auto Sales, in Phoenix.

She asked police to meet her there.

They did, talking to the dealer first, and then to Nichole.

Nichole says the dealer told police her son claimed he was 18 years old. She says he would not have done that, but had nothing to back it up.

Once home, her son gave her texts that he had sent back and forth with Ruben at Fast Trac Auto.

The texts show her son telling the dealer: "I'm 17... Do I still have to be 18 to drive off the lot with a Charger (car)?"

Ruben asks when he is 18. The son says not until September. On a different day, texts show the son says, "I'm not 18 but does that matter or do I have to bring a parent to cosign?"

The texts show Ruben says, "if you have a big enough down payment, don't need co signed."

Fast Trac Auto didn't return our call, so I went down to their office for answers.

Ruben initially told me that the son said he was 18 at signing. I read him the text messages. Then Ruben said that wasn't him texting -- yet the texts include the name Ruben throughout.

And we found the Fast Trac Auto website shows, "message me anytime" with the same phone number as the texts, and the name "Ruben."

Nichole hired a paralegal and took Fast Trac Auto, Ruben Guerrero and the person listed as owner, Roberto Guerrero to court.

And she won a default judgment for more than the $4,000.

Ruben says since she won, it's all done.

Yet it's been nearly seven months and Nichole says Fast Trac Auto has not paid a penny.

Ruben then said he thought he had a year to begin payment. Nichole says payment was due at the time of the judgment and interest is accruing each day it isn't paid. She says her son is now 18 and working towards another car.

But Nichole says it's been very tough on both of them.

She says, "you have no idea what this just did to my family and our lives. I don't want to see it happen to anyone else, neither does my son."

Fast Trac Auto gave me many excuses for not refunding the money.

Bottom line: they have $4,000. The teen has nothing.

If you've had a similar problem with Fast Trac Auto or any car dealer, let me know.