April 19, 2007
Springfield, Mo. — A Springfield manufactured homes dealer that accepted more than $50,000 in down payments from two consumers but failed to deliver the homes or refunds as promised will make good on its contracts with the consumers under a preliminary injunction obtained by Attorney General Jay Nixon.
Nixon obtained the court order today in Greene County Circuit Court against Michael Jackson of Branson, who does business as Dogwood Homes at 3800 W. Sunshine. Kay Jackson, Michael's mother and an employee at the business, also is a defendant in the injunction. Nixon says Michael Jackson has been advertising and selling manufactured homes since at least October 2004, employing his mother as office manager.
Today's court order requires Dogwood Homes to make good on its contract in the case of a Springfield man who paid $52,000 to Kay Jackson in October 2006. The man's payment was for Dogwood to deliver a new modular home, as well as demolish and remove the wreckage of his original home, which had burned down. Dogwood Homes did not demolish and remove the wreckage of his old home as promised, and has never delivered the new modular home. To date, Dogwood Homes has only refunded $2,500 of the consumer's down payment. Today's injunction requires Dogwood to complete delivery and installation of the consumer's home by May 7.
Dogwood Homes also must refund a $500 deposit to a Wisconsin man who had put the money down to purchase a mobile home in 2005. When the consumer requested that his contract with Dogwood be canceled until he sold his home in Wisconsin, Dogwood promised to refund his money. The consumer filed a complaint with Nixon's office after he never received a refund. Today's injunction requires Dogwood Homes to repay the $500 to the consumer within seven days.
Nixon said his office continues to work on at least one other complaint from consumers who say they never received delivery of a mobile home nor a refund of their down payment.
Today's preliminary injunction also requires the defendants to establish an escrow account to accurately document all money paid to them for delivery and set up of manufactured homes, the names of those consumers who paid and documentation that the job has been completed to the consumer's satisfaction. The information is required to be submitted to the Attorney General's Office whenever requested.
Today's court order also bars the defendants from continuing to use fraud, misrepresentation or deception in the sale or advertisement of manufactured housing.