The Iowa Attorney General wants a verbal agreement with a troubled Davenport auto sales business signed and enforced, court documents show.
Bruce Duque, Tina Duque, Francisco Duque Jr., Esperanza Duque and Jonathan Wille were sued by the state in 2007, claiming fraudulent business practices. They did business as Aardvark Auto Sales, State Street Car Co., The Motorhaus, Auto Kings, Uba Auto Repair, Ura Auto Repair and The Car Boys.
The defendants reached a verbal agreement in October with the state. The defendants agreed to:
- Cease operation in Iowa for five years.
- Cease involvement in any type of vehicle business in Iowa except for attending wholesale dealer auctions for five years.
- Not use or lease their property at 802 W. 2nd St. for any motor vehicle-related business for five years.
- Not advertise in Iowa without disclosure that they are not a licensed in Iowa, release all outstanding consumer liens regardless of debt, pay $10,000 in fines immediately and $10,000 a year later.
The state also agreed to drop its case against Wille.
However, after negotiations about adjustments resulted in a “slightly modified” agreement, the defendants did not sign. A hearing on the issue is scheduled for Friday.
The Attorney General’s Office received an emergency injunction in January 2007 to shut down the business. The injunction was part of a lawsuit accusing Aardvark of a host of bad business practices.
The accusations included using misleading advertising, deliberately misleading customers of the quality of their used cars, refusing to honor promised warranties, not transferring titles in a timely manner, filing fraudulent title applications on behalf of consumers, failing to provide Truth in Lending disclosures required by the Iowa Consumer Credit Code, illegally repossessing cars and selling cars without a license.
Several consumers called the Attorney General’s Office to complain about Aardvark, prompting the investigation. The office declined further comment. An attorney for the defendants could not be reached for comment.
Ann McGlynn can be contacted at (563) 383-2336 or amcglynn@qctimes.com.