Attorney at Law

3219 E. Camelback Rd. #181

Phoenix, AZ 85018
Phone: (602) 279-6933
Davis P. Bauer, Esq. Utah Bar No. #18158
Licensed in Arizona, Colorado, Missouri, and Utah
davispbauer@gmail.com

IMMEDIATE ACTION DEMANDED

May 12, 2022
VIA EMAIL AND CERTIFIED MAIL
Mohammed Alfaily
Guchon Imports LLC
1630 South State St.
Salt Lake City, UT 84115
specialist@guchonimports.com

RE: Demand for payment for broken sunroof

Dear Mr. Alfaily:
This letter is a demand for payment, and the only demand that you may receive before a
lawsuit is filed against you in Utah court. If you have an attorney, please provide this letter
immediately to them.
My client’s name is Nicholas Beardsley. Last month, Mr. Beardsley used an online car
auction website called “Cars & Bids”1to purchase a 2002 Mercedes-Benz G500 (the “Vehicle”)
from you. Mr. Beardsley saw the advertisement you had put out for the Vehicle and outbid many
people to purchase the Vehicle from you. From the looks of the website, it looks like your company
has sold many cars there in the past.2

1
www.carsandbids.com
2
However, a search of “Guchon LLC” and “Guchon Imports” shows your business LLC as
being delinquent for failure to file renewal paperwork with the Utah Division of Corporations, a
requirement for doing business in the state.
Mohammed Alfaily
May 12, 2022
Page 2 of 2

Unfortunately, Mr. Beardsley believes this is not the same car that had been advertised to
him by you, due to a major defect with the Vehicle involving the fact that the sunroof was
completely damaged and inoperable upon receipt. The damage that was present on the sunroof has
been documented, and pictures are enclosed along with this letter for your review.
Given the extent of the damage to the sunroof, and the way in which such the original
sunroof in question was previously advertised by you as being fully functional 3 on your Cars &
Bids seller’s profile, my client believes that you partook in deceptive business practices and false
advertising.
Utah’s “truth in advertising” statute explicitly prohibits false or misleading advertising for
any purpose, including motor vehicle sales. Mr. Beardsley believes he was victimized by false
advertising and that a cause of action exists under Utah Code § 13-11a-4. In a civil case, my client
may have the right to recover damages from you in this type of context. Under Utah Code § 13-
11a-4, a plaintiff is entitled to $2,000 or the amount of the loss, whichever is greater. A Utah court
can also issue an injunction to prevent a defendant from continuing the deceptive practices.
The damaged sunroof is shown in accompanying photos and the costs it took to adequately
repair it is referenced on page 2 of 3 within the work summary provided by Import Mechanics of
Denver, Colorado.
At no time, whether in voice and text conversations or within the advertisements of the
vehicle, was this inoperable sunroof disclosed in any dealer statement, whether online or in any
other format in an understandable manner to Mr. Beardsley.
Demand

Due to the harm my client has already experienced, this letter shall serve as a pre-suit notice
demanding that you remit to my client the amount of $3,234.00 immediately, which can also be
made via Venmo transfer, PayPal transfer, or physical check paid within 7 business days of
receipt of this demand to:

Nicholas Beardsley
614 Fillmore Street
Denver, CO 80206

3
You referenced the Vehicle having a “power sunroof” in the “Highlights” section of the online
advertisement for the Vehicle. This was not the case at all, as the sunroof was damaged with
manual caulk lining and was unable to completely close. See link for your original
advertisement: https://carsandbids.com/auctions/9n4zleWB/2002-mercedes-benz-g500 Repairs
(completed by a person named “Jack”) indicated that the sunroof was merely “dragging” – this
was not the case either. It was not able to completely close at all. However, the fact that this was
never disclosed to my client until well-after the sale caused him damages, because he was forced
to make his own repairs to the sunroof in Denver, his city of residence. (see attached invoice)
Mohammed Alfaily
May 12, 2022
Page 2 of 2

This can be done by reaching out to me, Mr. Beardsley’s attorney at my contact information
on the previous page to make such arrangements, or, in the alternative, to my client, but only if
you intend on making a payment to him immediately.
This is the last written correspondence we will engage in over this issue before we
potentially file suit for damages.
RULE 408 COMMUNICATION FOLLOWS:
If you are amenable to entering in a monthly payment plan of sorts for the demanded
balance with my client, please contact me. My client is still amenable to negotiating this matter
with you if you are of the belief that this was an honest mistake. You can speak to me directly, or,
in the alternative, please have an attorney reach out to discuss this matter with me to avoid costly
litigation. Please do not contact my client at this time unless you intend to pay him immediately.
We expect a prompt response to this communication within seven (7) days. If no response
or communication is received, then my client may pursue legal remedies for the damage you have
caused to his property. Please contact me at the email address or phone number listed above with
any questions.

Very truly yours,

Davis P. Bauer, Esq.

DPB/ntb