WEBVTT 1 00:00:00.520 --> 00:00:13.519 Yea off ripped up in need advice, so you don't have you come running. 2 00:00:13.759 --> 00:00:20.719 Just as fast as we can. Shoot's gonna help come Man Dix is 3 00:00:20.760 --> 00:00:27.440 the Troubleshooter Show. No Tom Martino, Hi, Tom Martino here, Welcome 4 00:00:27.480 --> 00:00:32.439 to the show. Three oh three seven one three talk three oh three seven 5 00:00:32.520 --> 00:00:38.479 one three eight two five five Welcome one in all, including my YouTube morons 6 00:00:38.960 --> 00:00:43.200 and uh thank you and my Facebook flunkies. We have people streaming online. 7 00:00:43.240 --> 00:00:46.479 We have a lot of people who also download. So here's the deal. 8 00:00:46.520 --> 00:00:49.119 People who download off and say, you know, I don't get a chance 9 00:00:49.159 --> 00:00:55.399 to participate, but I'm leaving open that voicemail. Uh, and we call 10 00:00:55.439 --> 00:00:58.520 it our voicemail, but it's really comes right through to the show when we're 11 00:00:58.520 --> 00:01:02.759 on the aras three oh three Martino. That number is twenty four to seven. 12 00:01:02.799 --> 00:01:06.200 So if you're listening working out and you want to comment, if you 13 00:01:06.280 --> 00:01:07.680 call that number, we'll get you back on the air, even if you 14 00:01:07.719 --> 00:01:11.519 want to comment on something we've had in the past, So feel free to 15 00:01:11.560 --> 00:01:17.400 call that number at any time. Three zero three six' two seven eight 16 00:01:17.519 --> 00:01:21.640 four six' six. Welcome to the show. We're here to help you 17 00:01:22.359 --> 00:01:26.760 solving problems, answering questions, and taking complaints. Now, listen, we 18 00:01:26.840 --> 00:01:30.560 get an ask full of politics and preaching everywhere else. So what I try 19 00:01:30.599 --> 00:01:34.359 to do is only talk about that stuff as it relates to us and how 20 00:01:34.400 --> 00:01:40.680 to help us through the day. But welcome, Okay, So you can 21 00:01:40.719 --> 00:01:46.480 call about anything you want if you have a problem. Now, one thing 22 00:01:46.519 --> 00:01:52.719 I found very interesting in the news is a fight over the number eight. 23 00:01:52.879 --> 00:01:59.239 Do you know what I'm talking about? Lamar Jackson and Troy Aikman both want 24 00:01:59.280 --> 00:02:05.680 a trademark on the number eight. You know, trademarks are funny things. 25 00:02:05.719 --> 00:02:07.960 What are they? There are marks that identify your business. Let me give 26 00:02:08.000 --> 00:02:13.199 you an IDEA copyright is different than a trademark. Copyright is a work that 27 00:02:13.240 --> 00:02:20.960 you copyright. A story, a slogan can be copyrighted, but it's also 28 00:02:21.199 --> 00:02:30.759 trademarked. A trademark is like the M in the McDonald's. It's the shwush 29 00:02:30.240 --> 00:02:38.520 for Nike. It's an identifiable mark. It's a trade mark. Now, 30 00:02:38.560 --> 00:02:45.039 the number eight could be a trademark for certain businesses. But there is a 31 00:02:45.120 --> 00:02:51.840 problem if you take a common trademark or a common thing and try to make 32 00:02:51.879 --> 00:03:00.000 it a trademark or try to copyright it. You can't make it yours. 33 00:02:59.759 --> 00:03:04.199 They give you a hard time when you go to register a trade mark if 34 00:03:04.319 --> 00:03:08.039 it is something that everyone sees. But if you give it a unique look 35 00:03:09.120 --> 00:03:16.080 and it applies to a specific industry where there is no confusion, then you 36 00:03:16.120 --> 00:03:24.960 can have that industry or that area of trade for your trade mark. If 37 00:03:25.000 --> 00:03:30.039 someone else tries to make a similar trade mark in a similar industry, there's 38 00:03:30.080 --> 00:03:35.400 a problem. But if they try to make it in a different industry and 39 00:03:35.439 --> 00:03:38.560 it's not so similar, it's okay. So you can have two different eights 40 00:03:39.120 --> 00:03:46.560 as two different trademarks. But intellectual property is really really confusing. For example, 41 00:03:46.639 --> 00:03:53.960 with websites, a lot of people have websites and they have a name 42 00:03:53.039 --> 00:03:55.319 of a company. Right, Well, somebody goes out and says, I 43 00:03:55.360 --> 00:03:58.759 know what I'm going to do. I'm gonna go out. I'm going to 44 00:03:58.800 --> 00:04:02.520 get the name. I'm going to get the name of that website. So 45 00:04:02.560 --> 00:04:05.479 they feel like they're beating the system. I'm going to get the name of 46 00:04:05.520 --> 00:04:09.960 the of the website. And when they get the name, they think they 47 00:04:10.000 --> 00:04:13.039 own it, but they don't. You may have gotten the URL, but 48 00:04:13.120 --> 00:04:17.759 if it uses the name in the URL. That person who owns that can 49 00:04:18.120 --> 00:04:24.319 can claim it. That happened to me one time. I was very early 50 00:04:25.160 --> 00:04:30.480 on the web getting URL's or website addresses, but one time something slipped. 51 00:04:30.480 --> 00:04:34.600 But because they owned it, that form, even that form of the name 52 00:04:34.720 --> 00:04:40.759 was mine. Oh Anna has a problem with a lander lord housing issue. 53 00:04:40.759 --> 00:04:44.680 And I believe, I believe we started this. I thought we started this 54 00:04:44.759 --> 00:04:46.319 yesterday. Maybe not. Maybe it's someone Oh no, it's not nine. 55 00:04:46.360 --> 00:04:49.519 It us yesterday. But Anna, go ahead, what is going on with 56 00:04:49.600 --> 00:04:55.399 you? Okay? Well, I live with my son and he's been renting 57 00:04:55.439 --> 00:05:00.160 a home for the past five years and we received a notice that they were 58 00:05:00.199 --> 00:05:04.160 going to not renew the lease and put the property up for seal. So 59 00:05:04.319 --> 00:05:12.040 we found a new property to purchase and made an offer, which was accepted, 60 00:05:12.319 --> 00:05:15.959 and at the last minute, the owner of that property says she can't 61 00:05:15.000 --> 00:05:21.959 move out until August first because she has to have hip surgery. Okay, 62 00:05:23.000 --> 00:05:28.240 So this, this other rental, this other rental was supposed to start when 63 00:05:29.680 --> 00:05:32.920 it's a purchase, it's not a rental. Oh, I'm sorry this okay? 64 00:05:32.959 --> 00:05:38.439 So she you found a home to buy and or he did, and 65 00:05:38.839 --> 00:05:46.879 when were you supposed like did you sign the contract? Yeah, but just 66 00:05:46.879 --> 00:05:53.800 just before he signed a contract for the offer, she sprung this. Then 67 00:05:55.079 --> 00:06:00.480 okay, got it. But here's that. So we can't move been there 68 00:06:00.600 --> 00:06:03.959 until August first. We have to be out of this rental that we're in 69 00:06:04.000 --> 00:06:09.720 now July thirty first, and we've been trying to get well that timing is 70 00:06:09.720 --> 00:06:14.800 perfect. No, we have a month. Well, you said you have 71 00:06:14.879 --> 00:06:17.399 to be out August thirty first, and you're moving in the other one September 72 00:06:17.439 --> 00:06:20.040 first, Is that right? No, we have to be out of the 73 00:06:20.040 --> 00:06:26.480 rental July thirty first, oh two week or so, so we cannot. 74 00:06:26.759 --> 00:06:31.040 We've offered to stay and pay another month's rent here, but we get no 75 00:06:31.160 --> 00:06:36.879 response from the property management company. They just won't return calls or even you 76 00:06:36.959 --> 00:06:41.199 can't they acknowledge. First of all, let me ask you a few things. 77 00:06:41.920 --> 00:06:45.279 The apartment you're in right now, or the house or whatever for the 78 00:06:45.360 --> 00:06:48.360 past five years, the house that you're in for the last five years, 79 00:06:48.600 --> 00:06:54.279 you let them know you were leaving, right Yes, what date did you 80 00:06:54.360 --> 00:06:57.879 give them? Well, I don't know if we gave them a date. 81 00:06:57.959 --> 00:07:01.040 They gave us a date which we had to be out of here. What 82 00:07:01.160 --> 00:07:08.160 date did they give you jot. Okay. So when they gave you that 83 00:07:08.360 --> 00:07:14.279 date, what did you tell them? Nothing. We just didn't say yes, 84 00:07:14.360 --> 00:07:17.079 no, or otherwise. We just descend that was the date we had 85 00:07:17.079 --> 00:07:20.040 to be out, and we would do that. So you never said okay, 86 00:07:24.199 --> 00:07:27.160 I don't think so. My son was the one that was dealing with 87 00:07:27.199 --> 00:07:30.120 them, but I don't think he communicated to them. Yes, well, 88 00:07:30.160 --> 00:07:35.560 he asked them for an additional month and they never responded. Okay, has 89 00:07:35.639 --> 00:07:41.800 anyone? Has anyone? They said they're selling the house? Yes, has 90 00:07:41.839 --> 00:07:45.319 it been listening and put it on the market. We tried to buy it 91 00:07:45.399 --> 00:07:48.199 and they said they wanted to put it on the open market rather than do 92 00:07:48.879 --> 00:07:55.399 the purchase with us. So is it on the market right now? No? 93 00:07:56.920 --> 00:08:01.480 Well, here's what I would do. Okay, you have a lease, 94 00:08:03.360 --> 00:08:07.839 you don't really have an eviction. You don't have an official When was 95 00:08:07.879 --> 00:08:11.839 this a month to month lease or was it up at the end of July 96 00:08:13.079 --> 00:08:18.279 a year? Yeah? So does July the end of July constitutes the end 97 00:08:18.279 --> 00:08:24.800 of that one year lease? Yes, okay, I would think that in 98 00:08:24.839 --> 00:08:31.039 the absence of them not. There are new laws that favor tenants. Here's 99 00:08:31.080 --> 00:08:35.519 what I would do. This is not legal advice, but we can get 100 00:08:35.559 --> 00:08:39.480 some legal advice for you from Brad O'Brien, and I tend to want to 101 00:08:39.480 --> 00:08:41.960 do that. But here's I'm going to just tell you I'm going out on 102 00:08:41.000 --> 00:08:45.399 a limb. Here's what I would do. I would simply say we can't 103 00:08:45.440 --> 00:08:48.440 leave yet, and I would stay and pay the rent. I mean, 104 00:08:48.480 --> 00:08:50.679 I don't see what they can do to you. You're not looking for you 105 00:08:50.720 --> 00:08:56.120 don't care what they tell another landlord. It's not like they can blackball you 106 00:08:56.200 --> 00:08:58.759 with another landlord. You're buying a house. And if you're buying a house, 107 00:08:58.759 --> 00:09:03.039 did you guys sign the contract or did your unsigned contract for the new 108 00:09:03.080 --> 00:09:09.120 house? Yes? He did? Okay, fine, and you take possession 109 00:09:09.399 --> 00:09:16.559 September first, correct. I would just stay there even if they even if 110 00:09:16.960 --> 00:09:22.120 they got upset. Now listen to this, Even if they got upset, 111 00:09:22.480 --> 00:09:26.879 they could not evict you in time you would The eviction would take almost two 112 00:09:26.919 --> 00:09:31.879 months. So I don't see what they can do to you, especially if 113 00:09:31.919 --> 00:09:37.320 you pay the rent. Okay, I mean, I think it's a lot 114 00:09:37.360 --> 00:09:39.600 of worry about nothing. But Anna, that is what I would do. 115 00:09:39.720 --> 00:09:45.919 Let's ask let's see if we can get Brad O'Brien O'Brien Legal Services. He's 116 00:09:45.919 --> 00:09:48.039 a real estate attorney. Let's see if we can get him on to get 117 00:09:48.080 --> 00:09:54.080 his perspective on this, because I think it's worth getting some perspective on it. 118 00:09:54.399 --> 00:09:58.519 Okay, and then see what happens. Three oh three seven to one 119 00:09:58.519 --> 00:10:03.720 to three seven one three eight two five five. So hang on and we'll 120 00:10:03.759 --> 00:10:09.399 try to get him up right now, okay, And uh yeah, I'll 121 00:10:09.399 --> 00:10:11.960 do that. Okay. By the way, we have another call we'll take 122 00:10:13.039 --> 00:10:16.879 right after this. I'm Tom Martino, waterpros dot net the West, best 123 00:10:16.919 --> 00:10:22.039 water systems at the lowest prices anywhere. That's waterpros dot net threezho three eight 124 00:10:22.120 --> 00:10:26.919 six two five five. Uh three oh three eight six two five five five. 125 00:10:28.159 --> 00:10:31.000 Well, my god, I can't believe I forgot the number already. 126 00:10:31.559 --> 00:10:33.960 It's waterpros dot net. How about that? And then I'll get my crap 127 00:10:35.039 --> 00:10:39.399 together and we'll be right back. You know, we have a situation right 128 00:10:39.440 --> 00:10:43.039 now where a lot of people have been damaged by hailstorms and everything on the 129 00:10:43.039 --> 00:10:46.919 outside of their house and damage, and they don't want to call fifteen contractors, 130 00:10:46.919 --> 00:10:50.799 so they can call Genesis Tootalexteriors dot com. If your damage just go 131 00:10:50.879 --> 00:10:54.919 far beyond the roof. They have gutters and siding and stucco and windows and 132 00:10:54.960 --> 00:10:58.039 doors and decks and painting and they can do it all on one invoice, 133 00:10:58.200 --> 00:11:01.919 one point of conact A company I know and trust in. You can too 134 00:11:03.000 --> 00:11:07.440 Genesis Tootalexperience dot com three O three six seven nine eight five zero nine three 135 00:11:07.519 --> 00:11:11.840 oz three six seven nine eight five zero nine. Hey, if you're looking 136 00:11:11.840 --> 00:11:16.320 for a state planning, and many people need a state planning, even if 137 00:11:16.360 --> 00:11:18.759 you don't think you have a lot of money or a lot of things. 138 00:11:20.120 --> 00:11:22.399 You want to put things in a simple will, or maybe you do have 139 00:11:22.440 --> 00:11:28.159 a complicated estate and you want more of a will, more detailed, or 140 00:11:28.200 --> 00:11:31.600 you want to pass on your business and your collectibles, and maybe you need 141 00:11:31.679 --> 00:11:37.360 to even need a trust. What kil in Park does is reviews. They 142 00:11:37.399 --> 00:11:43.279 review everything you have and it's complementary. See no other firm really does this. 143 00:11:43.440 --> 00:11:46.240 So kill and Park will talk to you about your life, your business, 144 00:11:46.399 --> 00:11:50.720 your collectibles, your investments, your bank accounts, your properties, and 145 00:11:50.759 --> 00:11:54.200 then put together a plan for you. Now, all of this is complementary. 146 00:11:54.240 --> 00:11:58.200 And when they put together a plan it's on a flat rate basis for 147 00:11:58.240 --> 00:12:01.879 whatever you want to do. Then you decide how much you want to do. 148 00:12:01.000 --> 00:12:07.639 It's that easy. Keel in park law KP dot com nine seven zero 149 00:12:07.799 --> 00:12:11.159 eight one eight eight one nine eight nine seven zero eight one eight eight one 150 00:12:11.320 --> 00:12:16.600 ninety eight. Hi Tom Artino here three three seven one three talk. By 151 00:12:16.639 --> 00:12:22.440 the way, it's I don't know why I had a brain fart with waterproswaterpros 152 00:12:22.480 --> 00:12:24.840 dot net three oh three eight six two five five five four. Every once 153 00:12:24.840 --> 00:12:28.879 in a while that happens. Have you ever like gone to type in a 154 00:12:28.919 --> 00:12:31.799 password or something you've done a million times and all of a sudden, well 155 00:12:31.840 --> 00:12:37.399 maybe not maybe don't call me Joe. And by the way, here's the 156 00:12:37.440 --> 00:12:41.480 deal. We all have them. I don't care who you are. Now 157 00:12:41.159 --> 00:12:46.200 let's go back to the phones. We had someone who U called yesterday and 158 00:12:46.240 --> 00:12:50.440 I wanted to get her back on now Anna's question on the landlord and housing. 159 00:12:50.039 --> 00:12:52.399 As I said, I don't think she has much of a risk for 160 00:12:52.480 --> 00:12:56.399 a month being a holdover. If they pay the rent and say, look, 161 00:12:56.399 --> 00:12:58.960 we'll be out at the end of the month. It's not gonna like 162 00:12:58.360 --> 00:13:01.840 invoke a new one year lease. It's not gonna. I don't think it'll 163 00:13:01.879 --> 00:13:05.679 do any harm. And they don't care about their literally, they don't care 164 00:13:05.720 --> 00:13:11.759 about what the landlord says to them about to another landlord. And they can't 165 00:13:11.759 --> 00:13:15.039 destroy their credit if they're paying the rent. So really, I don't see 166 00:13:15.080 --> 00:13:18.480 what they can do to them now. So we're gonna get Anna back with 167 00:13:18.559 --> 00:13:20.600 our real estate attorney though, to give a legal perspective. Right now, 168 00:13:20.639 --> 00:13:26.120 I want to call talk to Nina, and Nina has an issue with her 169 00:13:26.159 --> 00:13:28.559 mother's estate wants to talk about, and I brought up I'm bringing up Brent 170 00:13:28.639 --> 00:13:33.120 Keel from Keel and Park Law KP dot com as we talked about before. 171 00:13:33.759 --> 00:13:37.759 Brent, if you could listen to this because she got on yesterday and we 172 00:13:37.759 --> 00:13:41.960 didn't get a chance to get the call done. So let's talk about it. 173 00:13:43.440 --> 00:13:48.519 Okay, So what's going on? Let's talk? Are you there? 174 00:13:50.399 --> 00:13:58.080 I need Nina? What's happening? I called yesterday because I'm not sure what 175 00:13:58.279 --> 00:14:05.440 direction I can go there. Passed away in December and she you said, 176 00:14:05.679 --> 00:14:13.360 you said, she's ninety three and she had a questionable will. She had 177 00:14:13.440 --> 00:14:18.720 two wills. The will that I was aware of was because she we had 178 00:14:18.759 --> 00:14:22.720 talked about it many times because my mom was in failing health. Okay, 179 00:14:22.759 --> 00:14:24.080 you said you knew about it. Did you have a copy of it? 180 00:14:26.240 --> 00:14:30.240 Yes, So you had a copy of a signed will. Was it a 181 00:14:30.279 --> 00:14:35.320 copy or was it the original? It was a copy that she had at 182 00:14:35.320 --> 00:14:37.679 her home. She told me where it was, and you know, I 183 00:14:37.759 --> 00:14:43.879 knew where it was. And I was named the administrator of her will. 184 00:14:45.159 --> 00:14:50.879 That's the one you had, yes, Okay, Then talk about the other 185 00:14:50.960 --> 00:14:56.279 will. Well, when my mom passed away, she hadn't been gone for 186 00:14:56.360 --> 00:15:03.200 twelve hours. And I get a call from this attorney and actually it's the 187 00:15:03.320 --> 00:15:09.200 same attorney that wrote the first will. And he said, I'm sorry to 188 00:15:09.240 --> 00:15:15.039 hear of your mom's loss. And where is she going to be, you 189 00:15:15.039 --> 00:15:20.000 know, interred? And he needed a burial, any details, and he 190 00:15:20.080 --> 00:15:24.679 wants a copy of her death certificate. And she hadn't even been gone for 191 00:15:24.759 --> 00:15:30.759 twelve hours. So this is the attorney that represented her in her first will. 192 00:15:31.080 --> 00:15:35.919 Yes, And apparently I said well, and I told him, I 193 00:15:35.960 --> 00:15:39.320 said, well, I'll start getting things ready and he said, oh, 194 00:15:39.399 --> 00:15:43.080 you're not the administrator of her will. And I said, guess i am, 195 00:15:43.200 --> 00:15:46.440 because my mom and I have talked about he goes, No, your 196 00:15:46.440 --> 00:15:54.759 mom changed your will last June, and she's got a new ministrator. And 197 00:15:54.279 --> 00:15:58.639 now hold on, So I want I want Brent to understand this. You 198 00:15:58.879 --> 00:16:03.600 had this will in your possession for how long? Well, it's been at 199 00:16:03.600 --> 00:16:10.919 my mom's house. She told me. Did you personally have a copy of 200 00:16:11.000 --> 00:16:18.919 what we're calling the original will? Yes? And that original will made you 201 00:16:18.639 --> 00:16:25.039 the personal representative? Yes? And what did it say to do with her 202 00:16:25.240 --> 00:16:33.720 estate? It gave directions about who was supposed to receive, what percent of 203 00:16:33.840 --> 00:16:37.600 her estate it made, and it was left to her, what to her 204 00:16:37.720 --> 00:16:44.919 kids, to her relatives, or what it was left to the three kids 205 00:16:45.440 --> 00:16:48.799 and two of her friends, two of her dearest friends. Okay, now 206 00:16:49.360 --> 00:16:55.039 now I'm getting a picture here. You had this will that showed three kids 207 00:16:55.039 --> 00:16:57.840 and two friends get everything and you, And it was a copy of a 208 00:16:57.879 --> 00:17:02.879 will that you and your mom had discussed a long time. How long did 209 00:17:02.919 --> 00:17:08.839 you have that will in your possession? Since twenty nineteen? Okay, so 210 00:17:11.039 --> 00:17:14.599 ninety three year old mom dies, you have a copy of a will since 211 00:17:15.640 --> 00:17:19.279 since twenty nineteen. Then you get a call from the attorney that made up 212 00:17:19.319 --> 00:17:23.720 that will, and he says, by the way, that will had been 213 00:17:23.839 --> 00:17:30.359 changed last June. Yes, and what was different about the new will. 214 00:17:33.359 --> 00:17:37.599 What was different about the will is that one of my mom's best friends was 215 00:17:37.720 --> 00:17:45.039 cut completely out of the will, which I know that was my mom hold. 216 00:17:45.759 --> 00:17:51.000 So the new will, the new will shows that a best friend was 217 00:17:51.039 --> 00:17:59.839 cut out. What about the three kids? The three kids received the portion 218 00:18:00.920 --> 00:18:11.839 of a percentage, but my portion was reduced by thir just yours, and 219 00:18:11.880 --> 00:18:19.200 then her friends was increased by twenty five percent. This questionable. Now, 220 00:18:19.240 --> 00:18:26.359 this friend was this friend on the original will. We'll call this one the 221 00:18:26.480 --> 00:18:30.160 new best friend. Okay, so she was not on the old will. 222 00:18:30.319 --> 00:18:36.039 She was not on the old will. She was on the old will with 223 00:18:36.200 --> 00:18:41.480 the same percentage as my mom's real best Okay, so it's not like it's 224 00:18:41.559 --> 00:18:45.799 not like this woman popped out of nowhere. She was a friend of your 225 00:18:45.839 --> 00:18:52.960 mom's on the old will. Yeah, but the new will shows are reduced 226 00:18:53.079 --> 00:19:03.680 portions except for her, which got more. Yes, the new friend got 227 00:19:03.000 --> 00:19:10.160 twenty five percent more the majority of my mom's estate, and the old friend 228 00:19:10.440 --> 00:19:14.559 got the real friend got cut out. Well, you're calling it the real 229 00:19:14.599 --> 00:19:17.720 friend. We're not going to use terms like that. The two friends in 230 00:19:17.759 --> 00:19:23.920 the previous will, one was dropped and one got extra. Yes, but 231 00:19:25.240 --> 00:19:30.640 you said something queer yesterday. You said the one that got the extra portion 232 00:19:32.440 --> 00:19:41.559 is related to the attorney. That's correct, now, how related? The 233 00:19:41.599 --> 00:19:48.680 attorney has a daughter, and she is the godmother of that daughter. She 234 00:19:48.839 --> 00:19:55.240 doesn't have any children, so she's the godmother of the attorney's daughter, and 235 00:19:55.680 --> 00:20:02.240 her husband has been the best friend of the attorney since the fifth grade. 236 00:20:02.519 --> 00:20:07.720 Well, okay, but that friend that was left on the will was there 237 00:20:07.799 --> 00:20:14.039 before. So really you think it's fishy because what you're calling her real best 238 00:20:14.039 --> 00:20:18.880 friend was dropped and the new best friend got more And you're saying, but 239 00:20:19.079 --> 00:20:23.240 she didn't come out of nowhere, she was a friend for a long time 240 00:20:23.279 --> 00:20:32.559 apparently. Well, the thing is knowing I knew that Nina since twenty nineteen. 241 00:20:33.160 --> 00:20:38.039 That other friend who supposedly knows the attorney. That other friend was on 242 00:20:38.240 --> 00:20:45.000 that will. Yesterday when you called it sounded as if all of the people 243 00:20:45.039 --> 00:20:48.480 were dropped and a new friend shows up and that new friend is related to 244 00:20:48.519 --> 00:20:56.160 the attorney. That would have been totally ridiculously suspicious. But this doesn't sound 245 00:20:56.359 --> 00:21:02.240 as suspicious. Those two friends, one was dropped, one got a bigger 246 00:21:02.279 --> 00:21:08.079 portion on the new will, but they were in the original will. Yeah, 247 00:21:08.160 --> 00:21:12.960 okay, so you didn't question that friend who was related to the attorney. 248 00:21:14.319 --> 00:21:18.359 You didn't question that friend back in twenty nineteen, did you? I 249 00:21:18.440 --> 00:21:22.319 did? I did? Why? Why? Why? And did your mom 250 00:21:22.400 --> 00:21:30.759 say that's the way I wanted? No? She them my mom had. 251 00:21:32.319 --> 00:21:37.039 She knew this friend because of a club that she belonged, But she knew 252 00:21:37.079 --> 00:21:41.000 the friend when you questioned her. Did you say, mom, why did 253 00:21:41.039 --> 00:21:48.519 you include this other friend? Did you ever ask her? I asked her 254 00:21:48.960 --> 00:21:56.240 why? And the reason she gave me is because this friend directed her. 255 00:21:56.319 --> 00:22:00.880 She my mom was looking for an attorney to do a will for and just 256 00:22:00.039 --> 00:22:06.839 spread a right the friends that I have a brother or sister or whatever he 257 00:22:07.119 --> 00:22:11.759 was. I have someone who can do your will. Yeah, okay, 258 00:22:11.799 --> 00:22:15.400 hold on, now, I think I answered. I asked a lot of 259 00:22:15.480 --> 00:22:18.480 questions. We'll come back and get a legal perspective. Is this something that 260 00:22:18.480 --> 00:22:22.440 can be challenged? There's two wills? I don't know. I mean, 261 00:22:22.519 --> 00:22:32.319 let's talk who has the original ones? And is it right that one friend 262 00:22:32.440 --> 00:22:36.559 was dropped that Nina says was the real friend? All of this right after 263 00:22:36.599 --> 00:22:41.200 this, I'm Tom Martino three All three seven one three Talk three All three 264 00:22:41.319 --> 00:22:45.240 seven one three eight two five five renew Home Innovations the best systems at the 265 00:22:45.279 --> 00:22:51.039 lowest prices for your showers two or three days, seventy two months to pay. 266 00:22:51.079 --> 00:22:52.319 They get it done in two or three days with seventy two months to 267 00:22:52.359 --> 00:22:56.640 pay. Absolutely no maintenance on these wall systems. They're beautiful and they have 268 00:22:57.000 --> 00:23:00.720 a glass of panels in the front. 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They help you with investments. 276 00:23:37.519 --> 00:23:38.839 They help you with an est egg, building a nest egg if you're 277 00:23:38.880 --> 00:23:42.880 young enough, protecting it as you get older, and producing income if you 278 00:23:44.000 --> 00:23:48.119 have any questions on retirement, ask them free of charge, call them and 279 00:23:48.119 --> 00:23:52.279 get a review. Find out what they can do for you. They're totally 280 00:23:52.279 --> 00:23:56.440 transparent on all of it. Rpcenter dot com nine seven zero six six three 281 00:23:56.599 --> 00:24:00.599 thirty two eleven. That's nine seven zero six six three thirty to eleven, 282 00:24:00.880 --> 00:24:04.599 Retirement Planning Center of the Rockies. I am a client. They're good people. 283 00:24:04.680 --> 00:24:11.920 You'll love them. Rpcenter dot com. NYE Tom Martino your troubleshooter three 284 00:24:11.960 --> 00:24:15.559 O three seven we three talks seven three eight two five five. All right 285 00:24:15.720 --> 00:24:21.000 now I want to go to Brent Keel and just he heard it. And 286 00:24:21.039 --> 00:24:23.240 for those tuning in, I'm the troubleshooter. We try to solve problems. 287 00:24:23.319 --> 00:24:26.799 Nina says her mom had a will. She had a copy of it since 288 00:24:26.799 --> 00:24:33.440 twenty nineteen. In the will, two friends and three daughters got everything but 289 00:24:33.559 --> 00:24:36.839 one of the friends. Okay, so that's the will she had. Then 290 00:24:36.880 --> 00:24:40.440 the attorney calls and says, oh, that will was changed last year. 291 00:24:40.799 --> 00:24:45.079 One of the friends was dropped and the other friend gets more. And then 292 00:24:45.240 --> 00:24:51.319 also Nino was reduced as well. So it looks like there was some finagling 293 00:24:51.440 --> 00:24:59.640 to get this remaining friend more than she had before. So Nina is suspicious. 294 00:25:00.119 --> 00:25:02.400 Brent, what do you do in a case like that? Brent? 295 00:25:02.519 --> 00:25:07.839 Keel Keel and Park? What do you do? You know, when you 296 00:25:07.839 --> 00:25:10.839 you go in and you're suspicious about a will, there are really two ways 297 00:25:10.839 --> 00:25:15.279 you challenge a will under color aunt a law. You challenge it based on 298 00:25:15.319 --> 00:25:19.039 testamentary capacity or undue influence. Those are really the two ways. And and 299 00:25:19.240 --> 00:25:23.039 basically, you know, I'd have some more questions about your mom, whether 300 00:25:23.119 --> 00:25:26.720 she she did have testimentary capacity at her age, was able to make her 301 00:25:26.720 --> 00:25:33.000 own decisions, just some more facts and circumstances questions about that. But really 302 00:25:33.039 --> 00:25:37.400 what the court looks at in that circumstance when determined whether a person had testamentary 303 00:25:37.400 --> 00:25:42.400 capacity to make a will, is you know, whether she was making out 304 00:25:42.480 --> 00:25:48.400 the will and the effect of doing so, whether she understood that, whether 305 00:25:48.519 --> 00:25:52.559 she understood the nature of her property. You know, knows what she owns 306 00:25:52.680 --> 00:25:57.160 right, and what would be what would be undue influence. Undue influence is 307 00:25:57.200 --> 00:26:04.359 really a case where you know a person comes in who is pressuring them or 308 00:26:04.400 --> 00:26:11.680 trying to force them to make changes. Oftentimes you'll see that the caretaker to 309 00:26:11.720 --> 00:26:15.519 talk about here like a caretaker or something at it here the fact that this 310 00:26:15.680 --> 00:26:22.119 friend was on the prior will, so there's already a relationship. It's hard 311 00:26:22.160 --> 00:26:25.880 to say without knowing all the facts, whether undo influence existed, but it 312 00:26:25.960 --> 00:26:30.359 seems like a tough burden to overcome. And this circumstance, given the fact 313 00:26:30.359 --> 00:26:34.079 that she was already a beneficiary under the will, the prior will, I 314 00:26:34.079 --> 00:26:37.079 guess I'd want to understand a little more about the relationship with her and the 315 00:26:37.119 --> 00:26:41.720 attorney, because if the attorney was taking something under the will or doing something 316 00:26:41.759 --> 00:26:48.559 like that, that would be a much more questionable cause of action. Whether 317 00:26:48.599 --> 00:26:52.359 you know that attorney is doing something. Understanding that relationship between this woman and 318 00:26:52.400 --> 00:26:55.839 the attorney, and it does sound like they were friends, but that doesn't 319 00:26:55.880 --> 00:27:02.640 necessarily, you know, rise at a level alone to influence. It really 320 00:27:02.720 --> 00:27:06.240 is. Let me ask you this, and by the way, I don't 321 00:27:06.319 --> 00:27:11.559 mean this as a joke, but an attorney, unless otherwise defained in some 322 00:27:11.759 --> 00:27:18.680 way or disbarred or disciplined, or has a hairy history, they're officers of 323 00:27:18.720 --> 00:27:25.160 the court and they usually have pretty good credibility, right, I would certainly 324 00:27:25.200 --> 00:27:27.279 hope, So yes, No, seriously, I mean you know, we 325 00:27:27.359 --> 00:27:33.559 have crooked in everything. But the God's honest truth is attorneys are pretty damn 326 00:27:33.640 --> 00:27:38.279 careful normally. Yes. And the reason is, you know, you put 327 00:27:38.279 --> 00:27:41.799 all your time in too becoming an attorney, to you go to school, 328 00:27:41.880 --> 00:27:45.960 you take the tests, you do all of that work, and you can 329 00:27:47.039 --> 00:27:52.559 lose that license real quickly if you're engaging in unethical practices. It's something that 330 00:27:52.559 --> 00:27:56.960 can happen. And because yeah, yeah, it's an area where you know 331 00:27:57.680 --> 00:28:03.839 it does happen, you know, because the circumstances that you heard doesn't It 332 00:28:03.880 --> 00:28:10.559 doesn't seem to me like first of all, Nina got reduced her portion, 333 00:28:11.279 --> 00:28:15.720 the other two sisters got the same. One friend was dropped, and the 334 00:28:15.720 --> 00:28:22.559 one beneficiary of these reductions was that other friend who was in the original will. 335 00:28:22.160 --> 00:28:27.359 Did the attorney Nina give you any reason why the will was changed? 336 00:28:27.759 --> 00:28:36.079 Did he say your mom called me or what did he say? He said, 337 00:28:36.319 --> 00:28:41.079 he told me that the that my mom had called him to change her 338 00:28:41.200 --> 00:28:48.680 will, the reason being that in June her doctors had called me in. 339 00:28:48.880 --> 00:28:53.119 Because I'm the closest one to I was my mom's medical power of attorney. 340 00:28:53.480 --> 00:29:00.640 I was all I've been managing my mom's financial affairs since my dad Sar was 341 00:29:00.880 --> 00:29:06.079 her closest kid, and the doctors called me in and told me that they 342 00:29:06.119 --> 00:29:10.960 were going to break the news to my mom that she was no no longer 343 00:29:11.079 --> 00:29:18.880 able to make her medical decisions because she had had a stroke, and that 344 00:29:19.279 --> 00:29:25.119 she they didn't feel that she was able to care for herself. She wanted 345 00:29:25.119 --> 00:29:27.000 to live at home. Yeah, but hold on, Nina, are you 346 00:29:27.119 --> 00:29:33.039 going to try to make the case that she did not have capacity to change 347 00:29:33.039 --> 00:29:40.240 the will? I think that that would be I think that would be the 348 00:29:40.359 --> 00:29:45.720 closest thing. But if it was it was. Did did those doctors tell 349 00:29:45.759 --> 00:29:51.400 you that before she had changed the will, that that that new will has 350 00:29:51.440 --> 00:29:56.839 a date on it. That date does that predate the incapacity or or what 351 00:29:56.880 --> 00:30:03.200 you're calling incapacity? No, the will came after the doctors delivered them information. 352 00:30:03.960 --> 00:30:10.200 Would the doctors say that based on what they knew and the date of 353 00:30:10.240 --> 00:30:17.079 that will? Would they flat out say that your mom did not have legal 354 00:30:17.279 --> 00:30:23.319 competency? It's not They didn't say legal competence. Well, I know That's 355 00:30:23.359 --> 00:30:30.599 why I'm asking you. Would they say that in their medical opinion, she 356 00:30:30.880 --> 00:30:34.480 did not have capacity to make wise choices. I don't know. I mean, 357 00:30:34.680 --> 00:30:40.440 wouldn't isn't that what you need? Brent? Yeah, that's exactly right. 358 00:30:40.759 --> 00:30:45.359 Understanding the decisions you're making and a doctor to maybe her doctors would be 359 00:30:45.400 --> 00:30:49.200 able to make that determination. Would they go on the record and say, 360 00:30:49.440 --> 00:30:53.319 at the time that will was signed and what they knew about her care, 361 00:30:53.720 --> 00:31:00.000 she probably wasn't competent. Yes or no. Is there a difference between making 362 00:31:00.039 --> 00:31:07.799 your medical decisions versus making legal decisions? I don't know, Brent. I 363 00:31:07.839 --> 00:31:10.839 think there would be, but I don't know. Did they say she was 364 00:31:10.880 --> 00:31:18.079 incompetent? It would certainly she would incapable of making her own medical decisions. 365 00:31:18.359 --> 00:31:22.119 That's the exact wording. They didn't say anything about legal because that was never 366 00:31:22.200 --> 00:31:25.680 an issue to No. I get it, I get it, Brent. 367 00:31:26.000 --> 00:31:30.319 What I'm saying is, wouldn't she kind of need that? Though? You'd 368 00:31:30.359 --> 00:31:32.880 kind of need the doctors to come in and say, yes, this you 369 00:31:32.920 --> 00:31:36.079 know your mom was not able to make So why don't you do your homework 370 00:31:36.079 --> 00:31:40.319 and do that? Why why don't you do that? Because certainly we don't 371 00:31:40.359 --> 00:31:42.960 know if there was undue influence, but if you if your doctors there's no 372 00:31:44.079 --> 00:31:48.599 date on that new will right now, look at that date and ask them 373 00:31:48.599 --> 00:31:52.720 to look in their notes and find out if that date, on that date 374 00:31:52.759 --> 00:32:00.480 would my mom would she have been competent? That's it? Well, sounds 375 00:32:00.559 --> 00:32:05.200 very easy. But what happened is when they delivered the news to my mom, 376 00:32:05.880 --> 00:32:09.559 she got really kicked off and she says, I'm calling my lawyers okay, 377 00:32:09.880 --> 00:32:14.279 and she changed her will and she got pissed at you. That's possible. 378 00:32:14.799 --> 00:32:20.480 That still doesn't change what you need. You need to know. That 379 00:32:20.599 --> 00:32:23.440 doesn't change you don't have a prayer, Nina, Nina, you called us 380 00:32:23.440 --> 00:32:30.400 for help. You don't have a prayer unless your mom was incompetent. And 381 00:32:30.480 --> 00:32:35.079 what about the undue influence? Well, because I think that's going to be 382 00:32:35.119 --> 00:32:37.480 a stronger, a stronger. How are you going to prove that? How 383 00:32:37.480 --> 00:32:42.039 do you prove undue influence? When she had a friend on the will originally 384 00:32:42.079 --> 00:32:45.000 and she's still on the will, how do you prove that. I don't 385 00:32:45.000 --> 00:32:47.240 see anything that would indicate that. Do you, brent on what you just 386 00:32:47.319 --> 00:32:51.759 heard? Do you hear undo an influence? Based on what I've heard, 387 00:32:52.440 --> 00:32:54.640 It's a hard one to make. Listen, Nina, do you have money 388 00:32:54.640 --> 00:33:05.279 to fight this, I do well, I go see an attorney about it. 389 00:33:05.440 --> 00:33:08.160 Not Nina. You're presenting a weak case, is what I'm saying. 390 00:33:09.279 --> 00:33:14.160 What kind of attorney do I need one of these? Brent? Brent, 391 00:33:14.240 --> 00:33:17.559 do you challenge wills? We don't do litigation work that we do more of 392 00:33:17.559 --> 00:33:22.960 the planning side. But there are groups out there that will. Yeah, 393 00:33:22.200 --> 00:33:27.200 and let's be honest about it. It's going to eat up to tell her 394 00:33:27.240 --> 00:33:31.720 the truth without blinking an eye? What is your what is your mom's estate 395 00:33:31.759 --> 00:33:39.960 worths? Total about three million dollars? Okay? Now what am I lying? 396 00:33:40.000 --> 00:33:43.960 Or am I dying? Here? Brent? To challenge your will, 397 00:33:44.440 --> 00:33:46.160 I don't care what you say. To challenge your will is going to be 398 00:33:46.519 --> 00:33:52.119 about fifty grand Be honest here, litigation, I yeah, just just the 399 00:33:52.119 --> 00:33:57.240 time you go in and do the investigation. It can you start doing, 400 00:33:58.359 --> 00:34:02.599 you know, your due diligence investigation to gathering the information that's going to roll 401 00:34:02.680 --> 00:34:07.599 fifty thousand very quickly. You may be able to find somebody that does stuff 402 00:34:07.639 --> 00:34:12.159 as a contingency. You may not, depending on the strength of your case. 403 00:34:12.239 --> 00:34:15.000 The information you have. They think it's really strong and they can take 404 00:34:15.039 --> 00:34:16.719 a portion of what you get nine of that might work, But I just 405 00:34:16.760 --> 00:34:21.440 want to lay out I'm not telling you you're right or wrong. I'm telling 406 00:34:21.440 --> 00:34:24.960 you it sounds weak and it's going to cost you about fifty grand and you 407 00:34:25.000 --> 00:34:30.119 may not win, and the things that you would need to figure out nine 408 00:34:30.119 --> 00:34:31.760 I really are well wait, I got I got to take this break hold 409 00:34:31.800 --> 00:34:35.840 on. I want your finishing thoughts on this because a lot of people go 410 00:34:35.960 --> 00:34:39.800 through this and this is this is Brent Keel from killing park More coming up 411 00:34:40.719 --> 00:34:45.960 now. John Fuller is a personal injury attorney and we talk to him all 412 00:34:46.000 --> 00:34:49.280 the time, and I'm going to tell you something. If you want to 413 00:34:49.320 --> 00:34:52.400 know the real deal about your case, you know what you really want to 414 00:34:52.440 --> 00:34:55.400 know? Do you have a case? And what is it worth? And 415 00:34:55.440 --> 00:35:00.719 that's the bottom line, John Fuller, Fuller Law. Now, of course 416 00:35:00.000 --> 00:35:04.880 there are many other things he's going to tell you on your initial call, 417 00:35:05.239 --> 00:35:07.960 and there is no obligation to hire him. He'll tell you how to preserve 418 00:35:08.000 --> 00:35:13.559 your rights and how to move forward, but he'll tell you what he truly 419 00:35:13.599 --> 00:35:19.480 believes, based on his vast experience, what your case is worth. If 420 00:35:19.519 --> 00:35:23.800 you want straight forward information from someone I know and trust, someone who has 421 00:35:23.880 --> 00:35:29.559 represented people on our staff, including Mark and SEUs. 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They only pay once. 431 00:36:07.880 --> 00:36:10.880 You want the right company up front. I know Rock and his team, 432 00:36:10.960 --> 00:36:15.239 and that is the company I would call for my home. American Restoration twenty 433 00:36:15.280 --> 00:36:22.039 four to seven eight three three seven am rest eight three three seven am rest 434 00:36:22.480 --> 00:36:29.480 Or Online amrest two four seven dot com. That's American Restoration. They stop 435 00:36:30.039 --> 00:36:37.639 the dangerous substances and then help you rebuild amrest two four seven dot com. 436 00:36:37.199 --> 00:36:44.079 Hi, Tom Martino, Okay, so Brent Keel any last words or advice 437 00:36:44.199 --> 00:36:49.000 on this case. Again, the things that are going to help establish the 438 00:36:49.039 --> 00:36:52.199 case if there's one that exists, if you speak to the doctors, Nina 439 00:36:52.239 --> 00:36:55.000 and you get you know, definitive guidance from them, Yes, your mom 440 00:36:55.079 --> 00:36:58.559 did not have to pascity to make your own decisions, that would be a 441 00:36:58.639 --> 00:37:01.840 very strong factor in your favor. And then the other piece for the undue 442 00:37:01.840 --> 00:37:06.920 influence being able to establish where there's undue influence, right, just the fact 443 00:37:06.960 --> 00:37:09.760 that you knew each other doesn't necessarily do that. And if there are facts 444 00:37:09.760 --> 00:37:14.760 and circumstances that can help establish it, if you go to a litigator, 445 00:37:15.599 --> 00:37:19.800 those are the things they're going to want to know and understand. Is what 446 00:37:20.039 --> 00:37:24.079 type of facts and circumstances can you point to showing that there was undue influence? 447 00:37:24.159 --> 00:37:30.000 Was the woman controlling your mother, keeping her away from you, doing 448 00:37:30.039 --> 00:37:34.320 all those types of things? And it really is a fact and circumstance situation. 449 00:37:34.639 --> 00:37:38.239 So thank you, And that is LAWKP dot com. Thank you, 450 00:37:38.320 --> 00:37:45.480 Brent Free Consultations nine seven zero four three zero forty two thirty one. That's 451 00:37:45.079 --> 00:37:49.960 LAWKP dot com. We have more coming up on the Troubleshooter Show. Get 452 00:37:50.000 --> 00:38:02.400 Your calls in three all three seven one three talk or three all three Martine 453 00:38:00.760 --> 00:38:14.280 yah ripped up new need ad so you don't have come running. Just as 454 00:38:14.400 --> 00:38:21.960 fast as we can. Shooter's gonna help come man. Six is the Troubleshooter 455 00:38:22.039 --> 00:38:27.880 Show. Now Tom Martino, Hi, Tom Martino here, Welcome to the 456 00:38:27.920 --> 00:38:30.719 show. Three oh three seven one three talk three oh three seven one three 457 00:38:30.800 --> 00:38:35.800 eight two five five. Whatever's on your mind, we strive to help you, 458 00:38:36.159 --> 00:38:39.039 whether we can help you directly, or we can help you through our 459 00:38:39.199 --> 00:38:44.679 experts with advice or whatever. All you have to do is call three oh 460 00:38:44.760 --> 00:38:49.119 three seven one three talk three oh three seven one three eight two five five, 461 00:38:49.920 --> 00:38:53.119 or you can call of course three oh three Martino twenty four seven three 462 00:38:53.199 --> 00:38:58.000 oh three six two seven eight four sixty six eight eight eight. Heating dot 463 00:38:58.039 --> 00:39:01.239 Com is available to rubleshoot your air conditioner and put in a new system, 464 00:39:01.400 --> 00:39:07.880 or any plumbing or electrical issue you have as well. And they're good, 465 00:39:07.000 --> 00:39:13.199 honest people. Eight eight eight Heating dot Com three three seven seven zero two 466 00:39:13.239 --> 00:39:19.599 seven seven six. Now Anna, she called yesterday and I wanted to get 467 00:39:19.599 --> 00:39:22.039 an expert, or she called this morning. I wanted to get an expert 468 00:39:22.079 --> 00:39:28.239 on and I'm going to get really uh Brad O'Brien on because I gave her 469 00:39:28.320 --> 00:39:31.760 some advice off the street, but not legal advice. And Brad O'Brien is 470 00:39:31.760 --> 00:39:38.800 a real estate attorney olslaw dot com. Anna and her son. Her son 471 00:39:38.840 --> 00:39:46.519 has been renting a single family home for the past five years. Then they 472 00:39:46.559 --> 00:39:52.039 got noticed that at the end of this year, the previous year's lease, 473 00:39:52.079 --> 00:40:00.119 which is up at the end of July, they said they're not renewing the 474 00:40:00.199 --> 00:40:06.760 lease. Basically, they're selling the house. So Anna's son found a home 475 00:40:06.800 --> 00:40:09.760 to buy. Now. They were notified about this a while ago. He 476 00:40:09.880 --> 00:40:15.880 found a home to buy, but the woman threw him a curveball where they're 477 00:40:15.880 --> 00:40:21.039 buying the house and they won't be able to move in for another month, 478 00:40:22.119 --> 00:40:27.880 so they would like to stay at the house they're in for another month. 479 00:40:28.719 --> 00:40:32.239 They're not getting a response from the management company. They said, can we 480 00:40:32.480 --> 00:40:36.880 instead of leaving at the end of July, can we leave at the end 481 00:40:36.960 --> 00:40:42.280 of August. Now again, I you know, I don't know what kind 482 00:40:42.280 --> 00:40:44.920 of trouble they can get in Brad, but I told him if it was 483 00:40:45.039 --> 00:40:49.639 me, I would simply say things change. I mean, because remember now 484 00:40:50.039 --> 00:40:53.679 it wasn't Anna and her son that told them they're leaving. It was the 485 00:40:53.800 --> 00:40:59.119 landlord that sent him a notice saying we're not renewing the lease. Now, 486 00:40:59.119 --> 00:41:01.440 Anna, in the note when they said we're not renewing the lease, we're 487 00:41:01.480 --> 00:41:07.119 selling the property, did they say you had to be out by a certain 488 00:41:07.199 --> 00:41:13.320 date? July thirty first? Okay? So it was all in that letter, 489 00:41:13.400 --> 00:41:19.000 right, right? And when did you get that letter? It was 490 00:41:19.119 --> 00:41:23.119 I think ninety days ago. Okay. So, Brad, would they get 491 00:41:23.159 --> 00:41:27.360 in a lot of trouble? I said, Look, I don't see what 492 00:41:27.400 --> 00:41:30.639 trouble they can get into by simply paying the rent and saying we have to 493 00:41:30.639 --> 00:41:34.719 stay another thirty days. I mean by the time they get an eviction, 494 00:41:34.880 --> 00:41:38.079 I think they're going to be I don't know if a landlord would bother going 495 00:41:38.119 --> 00:41:45.719 through all that trouble. Brad lost bred in the transfer. Is Brad O'Brien 496 00:41:45.760 --> 00:41:52.320 on? Hi? Brad? Yes, Brad, go ahead. Oh, 497 00:41:52.360 --> 00:41:55.760 I didn't hear the question. Okay, would she get Okay, let's say 498 00:41:55.800 --> 00:42:00.920 she has to leave. Did you hear the case though? I? Okay, 499 00:42:00.960 --> 00:42:04.360 So if she doesn't leave at the end of July, at the end 500 00:42:04.400 --> 00:42:07.559 of the lease and they pay the rent and just want to stay through the 501 00:42:07.639 --> 00:42:10.519 end of August. Can you see any big complications? I don't even think 502 00:42:10.519 --> 00:42:14.480 they can get an eviction before then, do you. Well, no, 503 00:42:14.880 --> 00:42:17.159 you can't really get an viction at Lana cannot get an aviction done in that 504 00:42:17.199 --> 00:42:21.320 amount of time. Three to four weeks can take a little bit longer than 505 00:42:21.320 --> 00:42:23.559 that. But first place to look on a question like that is the written 506 00:42:23.639 --> 00:42:30.199 lease. Sometimes they do say what happens in a holdover situation, even if 507 00:42:30.199 --> 00:42:34.760 it's not allowed by the landlord. It'll sometimes it'll say a holdover is going 508 00:42:34.800 --> 00:42:38.000 to be one hundred and fifty percent of the previous month. So in my 509 00:42:38.199 --> 00:42:42.920 life, sit me a thousand dollars rent rent, now you know it would 510 00:42:42.960 --> 00:42:46.480 be fifteen hundred if that kind of a provision we're in there. So do 511 00:42:46.599 --> 00:42:52.840 you have anna any access to that written lease? I'm sure my son does. 512 00:42:52.920 --> 00:42:57.400 I don't have it. I don't know what it says. You need 513 00:42:57.440 --> 00:43:05.440 to look at the holdover provisions and see what penalty is in there. That's 514 00:43:05.440 --> 00:43:07.840 what we would call it, right Brad. A penalty. Yeah, it 515 00:43:07.840 --> 00:43:14.039 would increase the range by a certain percentage over whether it was previously. But 516 00:43:14.320 --> 00:43:19.559 what do you think the practical implications are brad like like, well, I'm 517 00:43:19.559 --> 00:43:25.599 bractically speaking that this ought to be resolved amicably between landlord and tenant, because 518 00:43:27.280 --> 00:43:30.800 you know, it would take a lot of money, attorney fees and time 519 00:43:30.840 --> 00:43:35.599 and going to court to do an eviction that wouldn't even be holistically accomplished within 520 00:43:36.199 --> 00:43:40.920 thirty days. So on the other hand, staying longer does risk having to 521 00:43:42.119 --> 00:43:45.559 get hit with attorney fees if the landlord does start some action, because most 522 00:43:45.639 --> 00:43:52.000 liass do say that landlord can collector attorney fees on an eviction action and the 523 00:43:52.119 --> 00:43:58.760 new laws don't change things any on because they had a legit reason if they're 524 00:43:58.800 --> 00:44:05.000 selling the house to terminate the leafs I didn't hear, But yes, a 525 00:44:05.079 --> 00:44:07.639 landlord can terminate a lease, not or not renew it. Put that way, 526 00:44:07.519 --> 00:44:12.360 they can refuse to renew it for the next term if they give ninety 527 00:44:12.400 --> 00:44:15.880 days advance notice and give one of the allowed reasons, and wanted to sell 528 00:44:15.920 --> 00:44:17.280 it is one of those reasons. So did that landlord give a ninety day 529 00:44:17.320 --> 00:44:22.519 advanced notice? Yes she did, Yes, she did, Okay, yeah, 530 00:44:22.960 --> 00:44:27.280 it sounds like the landlord's probably doing everything correctly. And so Anna. 531 00:44:27.440 --> 00:44:30.559 Yeah, you guys, when did you let them know you needed to stay 532 00:44:30.599 --> 00:44:37.000 another thirty days? Just about a week or so ago when we found out 533 00:44:37.079 --> 00:44:40.639 from the woman that were purchasing the home from. And you haven't heard that 534 00:44:40.679 --> 00:44:45.519 way, right, and you have not heard anything. You can't talk to 535 00:44:45.599 --> 00:44:49.440 anybody. You have to text. We went to the office and there's no 536 00:44:49.480 --> 00:44:53.679 one there. So we've just gotten no response from them. We told them 537 00:44:53.760 --> 00:45:00.480 that what the situation was and that we we had to stay in assary days 538 00:45:00.519 --> 00:45:02.559 because we have no place to go. No I understand, and it was 539 00:45:02.559 --> 00:45:07.920 the last minute thing. Gave them the name of our realtor to verify everything 540 00:45:07.960 --> 00:45:12.199 that we're saying is after it, and we get no response. Well, 541 00:45:12.360 --> 00:45:15.679 as you heard, Brad said, it's going to take them longer than thirty 542 00:45:15.760 --> 00:45:19.320 days most likely to get an eviction. And he doesn't know if they'd go 543 00:45:19.360 --> 00:45:24.079 through the trouble, although technically there could be attorney's provisions in their attorney's fees 544 00:45:24.119 --> 00:45:28.400 if they do want to do it, it would be really an exercise in 545 00:45:28.880 --> 00:45:31.760 futility, as they say, because by the time they got an eviction, 546 00:45:31.840 --> 00:45:37.480 it would be after you're out already. Anyway, the other thing Brad mentioned 547 00:45:37.519 --> 00:45:43.519 that I think is important is that you may be subject to a holdover penalty 548 00:45:43.559 --> 00:45:47.119 of some kind where they raise the rent, and so look for that and 549 00:45:47.199 --> 00:45:51.760 call us back you have any questions. And of course for anyone listening. 550 00:45:51.800 --> 00:45:58.800 Brad O'Brien is olslaw dot com seven to zero three seven zero seventy three eighty 551 00:45:58.800 --> 00:46:01.320 eight, and that's what he does, real estate law. And again, 552 00:46:01.519 --> 00:46:05.719 I personally, if it was me, I would pay the rent. I 553 00:46:05.719 --> 00:46:08.159 would I would absolutely pay and say we'll be out at the end of this 554 00:46:08.239 --> 00:46:15.440 month. We just couldn't time it perfectly. In all practicality, by the 555 00:46:15.440 --> 00:46:17.639 way, I wouldn't wait till the end of the month either. I'd still 556 00:46:17.719 --> 00:46:22.480 keep telling them in the emails you're not leaving. But in all practicality it 557 00:46:22.480 --> 00:46:25.760 would be silly to take you to court over that. I mean, in 558 00:46:25.800 --> 00:46:30.320 my opinion, but that's not a legal opinion. Brad, Thank you very 559 00:46:30.400 --> 00:46:32.840 much, and just let us know though, once you read that lease or 560 00:46:32.880 --> 00:46:38.440 if you want to send a copy about holdover provisions three all three seven one 561 00:46:38.559 --> 00:46:44.239 three talk three all three seven one three eight two five five Genesis Tootalexteriors dot 562 00:46:44.239 --> 00:46:51.000 com they are also doing mold detection and mitigation. If you have a problem 563 00:46:51.360 --> 00:46:58.039 with mold, get an honest company on your side. 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But if you do need a 572 00:47:32.639 --> 00:47:37.360 replacement, they'd be happy to take a stab at your business as well. 573 00:47:37.559 --> 00:47:42.000 It's a no lose situation. Fix my Home dot com seven two zero five 574 00:47:42.039 --> 00:47:47.480 two six thirty nine thirty nine. You know, when it comes to the 575 00:47:47.559 --> 00:47:52.559 world today, things are not always perfect. People are getting into fights at 576 00:47:52.599 --> 00:47:54.480 work, people are getting into fights in neighbor I'm serious. Now. We 577 00:47:54.519 --> 00:47:59.920 had one guy that got a little argument and then the other neighbor accused him 578 00:47:59.920 --> 00:48:05.239 of assault. He needed Joelizara. Now, there are times people get in 579 00:48:05.280 --> 00:48:07.400 fights. There are times they drink a little too much after work. I 580 00:48:07.400 --> 00:48:09.400 don't want to make light of that. By the way, you should always 581 00:48:09.400 --> 00:48:14.920 have a designated driver. But if you smoke weed or you drink and you 582 00:48:15.000 --> 00:48:17.960 miscalculate and you're pulled over for a duy, you need an attorney to get 583 00:48:17.960 --> 00:48:22.920 through the system. Joelizara will represent you on flat rates. He talks to 584 00:48:22.920 --> 00:48:28.639 you free of charge first, then flat rate pricing on all offenses. La 585 00:48:28.960 --> 00:48:32.760 zz A r A Joelazara. Find him at referral list dot com or you 586 00:48:32.800 --> 00:48:37.960 can always call Joe. That's Joe Lazara Lazara Legal. Three oh three four 587 00:48:38.039 --> 00:48:45.880 two nine sixty two hundred. Hey, I'm Tom Martino, your troubleshooter. 588 00:48:45.960 --> 00:48:49.559 Three oh three seven one three talk three or three seven one three A two 589 00:48:49.679 --> 00:48:52.239 five five Bob? What's going on in your life? What's happening, Bob? 590 00:48:53.559 --> 00:48:59.800 I got a car question, Tom, Yes, sir, my manual 591 00:49:00.039 --> 00:49:05.599 says I never need to change the transmission fluid or the differential, my transact 592 00:49:05.800 --> 00:49:08.519 or the real action. Yeah. They call it a lifetime fluid, which 593 00:49:08.559 --> 00:49:15.239 is book bs by the way. Okay, so on the mechanic recommends we 594 00:49:15.239 --> 00:49:19.440 should probably change and I should probably haven't changed, right, Yeah, now, 595 00:49:19.960 --> 00:49:22.719 you know, here's the bottom line. What they're trying to show you 596 00:49:23.639 --> 00:49:30.559 is that their car is less maintenance. And they call them sealed units and 597 00:49:30.599 --> 00:49:37.440 they're not sealed, and they say they don't need service. But nothing is 598 00:49:37.519 --> 00:49:42.800 further from the truth. Now, will it be lifetime? It's not your 599 00:49:42.880 --> 00:49:45.960 lifetime. It's lifetime of whatever the unit is. But I mean, it's 600 00:49:46.039 --> 00:49:52.920 ridiculous. We've had our experts time and time again say you may let it. 601 00:49:52.920 --> 00:49:58.119 It might be a good synthetic fluid and it can extend awhile, but 602 00:49:58.360 --> 00:50:02.800 you do have to eventual service and change it. How you have a twenty 603 00:50:02.880 --> 00:50:09.239 seventeen how many miles on ninety one thousand? Yeah, so you're doing pretty 604 00:50:09.280 --> 00:50:14.800 good still, But I mean call I would call Jeff Vick Kimera Transmission, 605 00:50:14.840 --> 00:50:17.599 or call share it an auto tech, or call any of our fine people 606 00:50:17.719 --> 00:50:22.280 at referral list dot com. They're going to be straight with you on that, 607 00:50:22.800 --> 00:50:28.480 but I would definitely do it. And again, how's driveability right now? 608 00:50:28.519 --> 00:50:31.719 Doing? Well? Oh? It drives great. That's the old thing. 609 00:50:32.440 --> 00:50:36.280 You know, if it ain't broke, right, people say, if 610 00:50:36.280 --> 00:50:38.400 it ain't broke, don't fix it. But and I'm probably gonna keep it 611 00:50:38.440 --> 00:50:45.800 another year eighteen months, that's really up to you. Then it's really a 612 00:50:45.880 --> 00:50:50.039 judgment call. I mean, the manual does not call for any maintenance. 613 00:50:50.079 --> 00:50:53.400 So you can honestly say if you sell it or trade it, that you've 614 00:50:53.480 --> 00:50:58.440 you know, you've maintained it. If you don't want to do it and 615 00:50:58.480 --> 00:51:00.039 you're only going to keep it another year, maybe you don't want to, 616 00:51:00.960 --> 00:51:05.559 you know, and everything's going well. I don't know if I would if 617 00:51:05.599 --> 00:51:07.599 I was only going to keep it another year or two, I would not 618 00:51:07.719 --> 00:51:13.320 do it atcha. But I am like getting to break fluid change because I 619 00:51:13.360 --> 00:51:17.159 know that obsorth moisture and of course you know stuff like that. I just 620 00:51:17.199 --> 00:51:21.760 want to ride by you guys, be normally I do that stuff about it 621 00:51:21.840 --> 00:51:24.599 eighty thousand miles and I'll let you slide a little bit. Yeah, I 622 00:51:24.719 --> 00:51:29.119 like the car, but two more years. You know. We've had that 623 00:51:29.239 --> 00:51:34.400 question a lot, by the way, a lot because but mainly from people 624 00:51:34.480 --> 00:51:38.920 who want to keep him. And again, I think it's always wise to 625 00:51:39.039 --> 00:51:44.920 service. Now I will say this the old. And this is not transmission, 626 00:51:44.960 --> 00:51:46.960 by the way, Bob, and thanks for calling. But it's the 627 00:51:47.800 --> 00:51:52.920 other maintenance that people recommend, like they used to say, oil changes every 628 00:51:52.960 --> 00:52:01.280 three thousand, that absolutely not needed anymore, absolutely not needed. You can 629 00:52:01.400 --> 00:52:07.599 go way longer with a good synthetic blend or a synthetic Now would you go 630 00:52:07.840 --> 00:52:10.840 beyond ten? I would never go beyond ten, And most of my experts 631 00:52:10.880 --> 00:52:19.400 are saying five to six thousand on do you use synthetic oils? It doesn't 632 00:52:19.440 --> 00:52:22.320 call for Yeah, but I change a oil and filter synthetic every five thousand. 633 00:52:22.800 --> 00:52:25.960 That's so that's really good. Yeah, you're going to keep that humming. 634 00:52:27.159 --> 00:52:30.760 Did you have it from new the twenty seventeen No, I got it 635 00:52:30.760 --> 00:52:35.440 with thirty three five on it top a Craigslist if you believe that. And 636 00:52:35.880 --> 00:52:38.159 so I had a six months left in warranty today. That's pretty cool. 637 00:52:38.519 --> 00:52:43.079 Well yeah, yeah, Craigsli wouldn't be my first choice. But anyway, 638 00:52:43.119 --> 00:52:45.239 thanks for calling. Three O three seven one three eight two five five. 639 00:52:45.639 --> 00:52:50.559 Let's talk about other things near and dear to your heart and pocketbook. So 640 00:52:50.639 --> 00:52:55.199 I'm getting some texts on leases. People are thinking that landlords must renew now 641 00:52:55.280 --> 00:53:04.159 they must not terminate unless it is for what they're calling just cause. But 642 00:53:04.400 --> 00:53:12.320 one of those just causes is definitely having having it up for sale. If 643 00:53:12.320 --> 00:53:15.840 you're going to sell it, you can get rid of people. Also, 644 00:53:15.159 --> 00:53:21.440 certain relatives that move in. You can terminate the least for that, but 645 00:53:21.559 --> 00:53:25.119 it can't. You can't just make up a story about it because you could 646 00:53:25.199 --> 00:53:30.559 end up in court. Now a couple questions, people say, Tom, 647 00:53:30.639 --> 00:53:36.559 is there any word on documentation of a five hundred dollars bet with Mark over 648 00:53:37.719 --> 00:53:44.880 over the guy trying the guy over President Biden dropping out because Pus Martin. 649 00:53:44.920 --> 00:53:49.239 Now, I remember Mark saying, hey, he's not going to be the 650 00:53:49.239 --> 00:53:51.719 candidate. I said, he absolutely is going to be the candidate. So 651 00:53:51.760 --> 00:53:53.440 I was wrong on it for sure. But then Mark, and I do 652 00:53:53.480 --> 00:53:58.440 remember Mark making a bet. Mark always makes bets. He said he made 653 00:53:58.440 --> 00:54:00.440 a bet with Hillary and Trump, and he never did, or I mean 654 00:54:00.480 --> 00:54:04.719 he did, he thought he did. But I don't make political bets, 655 00:54:04.719 --> 00:54:07.519 and I certainly don't bet against things I want. Now, he's not here 656 00:54:07.519 --> 00:54:10.199 to defend himself, so Mark's gonna tell you I did make a bet, 657 00:54:10.639 --> 00:54:14.440 and some of you YouTube morons, by the way, I'm reading this from 658 00:54:14.440 --> 00:54:16.920 YouTube. That's why I brought it up. Some of my YouTube morons are 659 00:54:16.920 --> 00:54:21.119 gonna say that, yeah, they heard me do it. But I mean, 660 00:54:22.199 --> 00:54:25.679 if Mark told you you know that, you know I wear pane hoose 661 00:54:25.719 --> 00:54:29.239 and dresses at night, you'd say yes too. I mean, you just 662 00:54:29.440 --> 00:54:35.039 automatically give me crap. But I, honest to God, don't think that 663 00:54:35.199 --> 00:54:37.199 I accepted a bet because I normally do not. First of all, I 664 00:54:37.280 --> 00:54:43.119 normally don't bet big money, and I certainly don't bet on political stuff. 665 00:54:43.320 --> 00:54:45.960 But there could have been a wild hair. Listen, I'm thinking there could 666 00:54:45.960 --> 00:54:50.000 have been a wild hair where I thought there's no way Biden's dropping out, 667 00:54:50.280 --> 00:54:52.840 And maybe I gave him the impression I would do it, and if so, 668 00:54:52.880 --> 00:54:55.119 I'm gonna pay him. But I don't think I did. I don't 669 00:54:55.119 --> 00:55:01.320 think. I don't think I did. Again, I would, and by 670 00:55:01.400 --> 00:55:06.559 my board, ops don't remember. Now, Katchina says she remembers, but 671 00:55:06.679 --> 00:55:10.199 come on, Kitchina, she can't say exactly when, or how or both 672 00:55:10.360 --> 00:55:15.880 it was in March. Tom Mark's given me three hundred dollars if I say 673 00:55:15.880 --> 00:55:19.679 he did, but then he only gets to keep two hundred because it's a 674 00:55:19.679 --> 00:55:23.360 five hundred dollars bed it was in March. Okay, look at the really? 675 00:55:23.840 --> 00:55:28.960 Yeah, why do you say March? Why? Because I remember what 676 00:55:29.079 --> 00:55:30.920 was the Do you remember anything else that was on the show that day or 677 00:55:30.960 --> 00:55:40.400 anything happening around that time? It was relatively slow, and and and Mark 678 00:55:40.639 --> 00:55:50.880 and you got into a little bit of a discussion, Yes, a discussion, 679 00:55:50.960 --> 00:55:57.079 that's a brilliant way to put it. And there were words laid down, 680 00:55:57.239 --> 00:56:01.920 including a five hundred dollars Oh, come on, it was I'm sorry, 681 00:56:02.519 --> 00:56:07.400 you're dreaming. Okay, I don't know. I mean, I say 682 00:56:07.440 --> 00:56:10.599 I don't know, because the last thing I want to do is seriously is 683 00:56:12.000 --> 00:56:15.719 I've said this before? Absolutely not. I never said anything like that where 684 00:56:15.760 --> 00:56:19.320 I was wrong. But I don't think at first, I don't. I 685 00:56:19.320 --> 00:56:22.559 don't normally bet money. I don't. I mean I bet lunches or I 686 00:56:22.679 --> 00:56:24.719 been. And Mark will tell you I own a thousand lunches, but I 687 00:56:24.800 --> 00:56:30.880 bet, I bet dinners and lunches, and I often bet things. But 688 00:56:31.199 --> 00:56:38.880 anyway, three three, But I remember it because you actually have in my 689 00:56:39.039 --> 00:56:44.119 presence here you have bet a lot of lunches, a lot of dinners between 690 00:56:44.159 --> 00:56:47.320 the two of you. But this was the first time that you actually took 691 00:56:47.519 --> 00:56:53.079 on a bet for cash. I don't know if you're credible or not. 692 00:56:53.159 --> 00:56:58.920 There, Okay, all right, Kitchina, did I bet on the given 693 00:56:58.960 --> 00:57:00.480 her half? Tom? Did I? Did I bet on the Final Four 694 00:57:00.559 --> 00:57:07.119 with you? Oh? Of course not? Because per Tube lost? Come 695 00:57:07.159 --> 00:57:15.280 on, that was horrible anyway. Okay, so listen on a serious note, 696 00:57:15.559 --> 00:57:21.719 I got I just happened to get this text about tipping, and someone 697 00:57:21.840 --> 00:57:27.719 said on YouTube, and I don't think I don't think it's correct that self 698 00:57:27.760 --> 00:57:31.639 serve gasoline pumps literally have a line now if you want to leave a tip. 699 00:57:31.719 --> 00:57:35.480 I don't believe it. I think that's hogwash. I think it's an 700 00:57:35.599 --> 00:57:39.000 urban legend. I have never once been to a self service well, all 701 00:57:39.039 --> 00:57:45.159 I do is self service. Really, I've never been to self pumping do 702 00:57:45.239 --> 00:57:50.239 it yourself, self serve pumps where there's a tip. Come on. In 703 00:57:50.280 --> 00:57:53.000 fact, I've never been to a gas station, even full service, where 704 00:57:53.000 --> 00:57:58.440 they asked for a tip. But I certainly would not tip for self service. 705 00:57:58.719 --> 00:58:07.880 Now there's a big discussion on this stuff. There's a big discussion on 706 00:58:07.079 --> 00:58:13.800 tipping, more so now than I've heard in years, because they flip that 707 00:58:14.239 --> 00:58:15.800 thing around on you. You like, you walk up to get a coffee, 708 00:58:16.000 --> 00:58:19.480 should you tip on a coffee? While I tip on coffee? A 709 00:58:19.480 --> 00:58:22.400 lot of people feel like to go foods, you shouldn't tip to go food, 710 00:58:22.880 --> 00:58:25.880 but they take the food and package it and get it ready and put 711 00:58:25.920 --> 00:58:29.760 it all together for you didn't hand it to you, right, So why 712 00:58:29.760 --> 00:58:35.159 shouldn't you tip if you're picking it up? People say nope. If I'm 713 00:58:35.199 --> 00:58:42.119 standing, I don't tip whatever that means. So the tipping part is really 714 00:58:42.199 --> 00:58:47.840 controversial on whether or not you who you should tip and when not that people 715 00:58:47.880 --> 00:58:52.559 don't want to tip, but it's when to tip now. I know in 716 00:58:52.599 --> 00:59:00.679 bigger cities if you people tip dorman for opening a door. Or have you 717 00:59:00.800 --> 00:59:07.559 ever seen where you go into a restroom and somebody hands you a towel, 718 00:59:07.039 --> 00:59:10.920 a paper towel, or maybe even a cloth towel and a fancy one or 719 00:59:10.960 --> 00:59:15.039 a mouthwash or something, or they're called restroom attendants. Have you seen it 720 00:59:15.280 --> 00:59:20.440 now that I kind of think, come on, man, you go to 721 00:59:20.440 --> 00:59:23.280 the restroom, the guy's right there behind you, hands your towel, hands 722 00:59:23.320 --> 00:59:29.159 you, hands you or soaps your hands, squirt squirt right and then and 723 00:59:29.199 --> 00:59:32.000 then you're supposed to tip the restroom attendant. I understand people want to make 724 00:59:32.039 --> 00:59:37.719 money, but that I don't know, Like if you don't ask for it, 725 00:59:37.079 --> 00:59:42.599 should you have to tip for it? And where do you absolutely not 726 00:59:42.760 --> 00:59:47.159 tip? I'm trying to think when I think, whenever I've been presented with 727 00:59:47.239 --> 00:59:52.159 a tip line, I've tipped. But I don't think I've ever been presented 728 00:59:52.599 --> 00:59:59.440 with a ridiculous tip line, you know, like on like let's see frozen 729 00:59:59.519 --> 01:00:05.239 yogurt, you know, a coffee, prepared food to go? I tip, 730 01:00:07.480 --> 01:00:09.440 of course uber and lyft when I like to take now, and then 731 01:00:09.480 --> 01:00:13.920 if I'm going downtown or somewhere where I don't want to hassle. I tip 732 01:00:14.679 --> 01:00:21.119 at the gas pump. Absolutely never, Absolutely never. One guy says I 733 01:00:21.159 --> 01:00:24.320 will tip. I will send you a picture of a gas pump with a 734 01:00:24.519 --> 01:00:29.519 with a tip on it, with a tip line, John, I want 735 01:00:29.559 --> 01:00:32.239 you to send it. Help at troubleshooter dot com. You can send the 736 01:00:32.280 --> 01:00:37.920 picture there. That's our email here on the show. But I absolutely can't 737 01:00:37.960 --> 01:00:45.119 believe that. Now, have you ever tipped a professional when they've done a 738 01:00:45.199 --> 01:00:52.360 job for you? For example, Steve the painter star quality painting he did 739 01:00:52.400 --> 01:00:53.800 my front door, right, and well, he's done a lot for me. 740 01:00:54.320 --> 01:00:59.360 He does stucco, touch up front doors whatever. My front door is 741 01:00:59.360 --> 01:01:02.800 a wooden door, and the sun beat the hell out of it, and 742 01:01:02.840 --> 01:01:07.000 he came and sanned it and took care of it and it was really a 743 01:01:07.039 --> 01:01:13.119 great job. And he charged me I thought a really fair price, and 744 01:01:13.159 --> 01:01:17.079 they worked their asses off. I don't and I'm not trying to say this 745 01:01:17.159 --> 01:01:22.000 because I'm magnanimous or anything, but I thought, you know what, I'd 746 01:01:22.000 --> 01:01:24.599 pay fifty dollars more for that, and I tipped him. Is that appropriate? 747 01:01:25.079 --> 01:01:30.440 What do you think? Anyway? Where Supposedly we just got an email 748 01:01:30.039 --> 01:01:35.519 from John, one of my YouTube morons, who says that he has proved 749 01:01:35.599 --> 01:01:40.280 that a self served gasoline pump has asked for a tip. I'm Tom Martine 750 01:01:40.400 --> 01:01:45.320 three three seven one three Talks seven one three eight two five five. By 751 01:01:45.360 --> 01:01:50.159 the way, Dan mackenzie is an estate planning attorney and this is something everyone 752 01:01:50.239 --> 01:01:52.880 needs. Now you knew heard earlier we had one of our experts on. 753 01:01:52.960 --> 01:01:55.559 Dan is also an expert. He can do a trust for you. He 754 01:01:55.559 --> 01:01:59.880 can do a simple will, a complicated will, he can do a combination 755 01:02:00.079 --> 01:02:04.960 of the two. He can also help you with businesses and structuring assets to 756 01:02:05.039 --> 01:02:08.800 be passed on through death. Maybe even without a trust, Dan will give 757 01:02:08.840 --> 01:02:14.199 you personalized attention. He has a great uh what I call a boutique firm, 758 01:02:14.280 --> 01:02:19.760 meaning you get direct access to him and your plan A three three co 759 01:02:20.239 --> 01:02:22.599 plans. You know, we all have autos, or at least most of 760 01:02:22.639 --> 01:02:28.960 us do right, and auto repair and maintenance is so important, and you 761 01:02:29.039 --> 01:02:31.039 want honesty. That's the very first thing. Well, obviously we want you 762 01:02:31.079 --> 01:02:36.960 know, experience and you know the technical skills, and Shardan Auto Tech has 763 01:02:37.000 --> 01:02:42.079 all of that, but we want honesty, values great too, and convenience 764 01:02:42.119 --> 01:02:45.599 with plenty of parking and all of that. Sardan Auto Tech offers all of 765 01:02:45.639 --> 01:02:52.920 it, including electrical repairs whether it's light or heavy maintenance or regular service or 766 01:02:52.960 --> 01:02:59.800 pre buy inspections on used cars. Shardan Autotech dot Com. Then you'll love 767 01:02:59.840 --> 01:03:01.320 the people. That's three oh three, four, five, five, seventy 768 01:03:01.360 --> 01:03:09.239 two forty two. Hey Tom Martino here, Frank Duran, the real estate 769 01:03:09.400 --> 01:03:14.760 Man dot com joins me. Frank, thanks for being here, brother, 770 01:03:14.960 --> 01:03:16.719 Good to see my friend. Now we got a comment job that wants to 771 01:03:16.719 --> 01:03:21.519 talk about tipping. I heard that people now expect to tip at a self 772 01:03:21.519 --> 01:03:24.280 serve gas station. I do not believe it. I think that picture's bogus. 773 01:03:24.400 --> 01:03:30.039 I don't think is real. Why would ever a self service gas station 774 01:03:30.280 --> 01:03:32.280 ask for a tip anyway? Job? But what do you think on tipping? 775 01:03:34.320 --> 01:03:36.960 Yeah? I totally agree with you too on the gas bop. But 776 01:03:37.079 --> 01:03:39.199 you know, you and I have already had a discussion about you know, 777 01:03:39.239 --> 01:03:45.760 it's a bottom feers around here in America. And how I describe a bottom 778 01:03:45.760 --> 01:03:50.519 feeder is somebody who makes two hundred and fifty thousand dollars or left, and 779 01:03:51.159 --> 01:03:57.440 wow, there's a lot of bottom feeders. Do you think are you calling 780 01:03:57.480 --> 01:04:01.000 are you calling under two hundred and fifty thousand? Are you calling that a 781 01:04:02.079 --> 01:04:08.639 paltry race? Or I mean a salary? Yeah? Yeah, a year, 782 01:04:09.000 --> 01:04:12.960 yeah, exactly two hundred and fifty. So you're saying that two hundred 783 01:04:13.000 --> 01:04:17.320 and fifty is just barely making a living, is what you're saying. Not 784 01:04:17.360 --> 01:04:23.280 necessarily you're making a good living, but you also have to there, you 785 01:04:23.360 --> 01:04:28.119 also have to have you know, some people don't make but sixty to eighty 786 01:04:28.199 --> 01:04:31.400 thousand dollars a year and here to live in Colorado, you have to at 787 01:04:31.480 --> 01:04:36.199 least share the money, because yeah, if you don't, then that person 788 01:04:36.440 --> 01:04:41.159 that you know, you build that relationship with, he's not going to take 789 01:04:41.199 --> 01:04:45.320 care of you the next time or shoot or whoever right or whatever that is. 790 01:04:45.599 --> 01:04:47.280 So you want to build a relationship and you want to take care of 791 01:04:47.320 --> 01:04:50.400 that person, that's right. I'll guarantee you if you're right. If you're 792 01:04:50.440 --> 01:05:00.360 in line somewhere and he sees you first, there's a relationship there. Yeah, 793 01:05:00.440 --> 01:05:04.440 there is. But certain things you know, and it's everybody's choice. 794 01:05:05.039 --> 01:05:10.880 Totally give it. Everybody's choice to tip. But if you think about it, 795 01:05:10.960 --> 01:05:14.559 if that person has a good trade, like the person on the door 796 01:05:14.920 --> 01:05:17.920 does the door, you know it does a great, fabulous job. Yes, 797 01:05:18.119 --> 01:05:23.800 unless he's an owner. Now, I think owners should not get tipped 798 01:05:25.119 --> 01:05:28.000 if they're doing the job. But if they have an employee that's doing the 799 01:05:28.079 --> 01:05:33.159 job for that owner, hell yeah, I'm going to give him extra money. 800 01:05:33.400 --> 01:05:38.639 Now, I think I have a weird feeling about tips. I think 801 01:05:38.760 --> 01:05:43.199 everyone deserves And when I see a living wage, I'm not talking about a 802 01:05:43.199 --> 01:05:46.079 career wage. I don't think just because you work at a fast food joint 803 01:05:46.119 --> 01:05:49.599 forty hours a week, the rest of your life. You need to support 804 01:05:49.599 --> 01:05:53.000 a family of four or five on it. I mean, it was never 805 01:05:53.039 --> 01:05:56.639 meant to be that kind of job. But I think you deserve a decent 806 01:05:56.639 --> 01:05:59.719 wage for what you do, I really do, And then the tips should 807 01:05:59.719 --> 01:06:02.440 be if people do want to tip. But I don't like when they depend 808 01:06:02.880 --> 01:06:08.239 when a restaurant owner or a fast food joint or something where they depend on 809 01:06:08.719 --> 01:06:13.760 the patrons tipping in order to pay their people a living wage. I think 810 01:06:13.760 --> 01:06:17.079 that's kind of cheating a little because it's like, just raise your prices and 811 01:06:17.119 --> 01:06:24.360 pay a decent wage. I think tipping should be totally extra due to someone 812 01:06:24.480 --> 01:06:28.400 taking extra care of you. I don't think it should be built. It's 813 01:06:28.440 --> 01:06:34.159 almost it has almost become an expectation, like a mandatory or an obligation, 814 01:06:34.840 --> 01:06:40.119 and then you for a certain amount of tip, and then you tip more. 815 01:06:40.239 --> 01:06:43.679 They do a good job. But and that that got ass out of 816 01:06:43.719 --> 01:06:46.239 hand. I mean that that's that's not the way it is. It should 817 01:06:46.280 --> 01:06:53.400 have been for for exceptional service, period, not for normal service. Yeah, 818 01:06:53.440 --> 01:06:56.920 and I totally agree about that, Tom, because another thing is that 819 01:06:57.000 --> 01:07:01.000 I kind of have a beef with I'm giving this person, uh gratification of 820 01:07:01.000 --> 01:07:04.480 the tip. Right, Well, I don't like it when they have to 821 01:07:04.559 --> 01:07:09.480 share it with everybody else now, man, But I don't. I don't 822 01:07:09.519 --> 01:07:12.679 get into that. But it's something great to me. I'm going to go 823 01:07:12.719 --> 01:07:15.719 back there and say, hey, yeah, yeah, awesome because he never 824 01:07:15.760 --> 01:07:18.239 gets a tip. Yeah, I know what you're saying, Jack, Jack, 825 01:07:18.360 --> 01:07:23.000 Jack, Listen, you want to talk about a contractor. Now you 826 01:07:23.119 --> 01:07:30.199 are a contractor, right Jack, Jack? Contact and are you having an 827 01:07:30.239 --> 01:07:36.519 issue getting paid? No? So, Mike, the client is actually having 828 01:07:36.559 --> 01:07:42.719 an issue. Oh so. They they're a young couple with their first baby. 829 01:07:42.800 --> 01:07:46.280 They're in the young twenties, just bought house two years ago, and 830 01:07:46.360 --> 01:07:53.480 they had some flooding issues with water. When they brought me in, I 831 01:07:53.519 --> 01:07:59.400 discovered that the previous Solo Warner put dug out across space, put in a 832 01:07:59.440 --> 01:08:02.719 full base, and then pull any permits and put an in a ADU two. 833 01:08:04.000 --> 01:08:08.800 They want to get everything up to code. But is there any liability 834 01:08:08.880 --> 01:08:13.280 for there could be the pre There could be. I'm gonna ask Frank Duran 835 01:08:13.360 --> 01:08:15.679 about that too. Frank Durand in the real estate man, hold on, 836 01:08:15.719 --> 01:08:17.439 We'll come right back to you. Three oh three seven one three talk seven 837 01:08:17.479 --> 01:08:24.159 one three A two five five fix my home dot com. That's the website 838 01:08:24.239 --> 01:08:27.560 for fix It twenty four to seven. Now, I've known these people for 839 01:08:27.600 --> 01:08:32.640 a long time and what they strive to do is service above all for plumbing, 840 01:08:32.680 --> 01:08:36.159 heating, cooling, electric and drains. And they want to offer free 841 01:08:36.159 --> 01:08:41.520 second opinions. If you've been told you need a new AC and on a 842 01:08:41.520 --> 01:08:45.359 hot day like this you might or maybe whatever we've had one hundred degree days, 843 01:08:45.399 --> 01:08:48.399 you're gonna think, yeah, I need it, but maybe you don't. 844 01:08:49.239 --> 01:08:54.399 Now fix It wants to give you free second opinions. Of course they 845 01:08:54.399 --> 01:08:57.760 would love a shot at your business, but they're not going to automatically assume 846 01:08:58.359 --> 01:09:01.760 you need something new. That's the name fix it. If they can fix 847 01:09:01.840 --> 01:09:05.520 my home dot com seven two zero five two six thirty nine thirty nine. 848 01:09:05.520 --> 01:09:09.920 When someone says you need new give them a call for a free second opinion. 849 01:09:10.720 --> 01:09:15.760 Seven two zero five two six thirty nine thirty nine. Hey, if 850 01:09:15.800 --> 01:09:20.119 you want an opinion on your roof before you call your insurance to see if 851 01:09:20.119 --> 01:09:25.640 you have damage, don't call just any roofer. A lot of these roofers 852 01:09:25.720 --> 01:09:29.960 make you sign something at the door for them to even look at your roof. 853 01:09:30.239 --> 01:09:35.800 Excel Roofing never plays that game. Don't sign anything to get a roofer 854 01:09:36.319 --> 01:09:40.359 to look at your roof. That's a tricky way to get you into a 855 01:09:40.439 --> 01:09:44.800 contract. Plus they have penalty clauses if you want to change your mind or 856 01:09:44.800 --> 01:09:48.319 withdraw. Excel doesn't play those games. They will examine your roof and give 857 01:09:48.359 --> 01:09:56.359 you a free estimate and a complete detailed contract on what you need. And 858 01:09:56.399 --> 01:10:00.640 that's all free of charge, without any obligation once just sign. They don't 859 01:10:00.680 --> 01:10:03.039 even want a dime. They don't want a penny. They don't want a 860 01:10:03.119 --> 01:10:08.119 scent until your content. That is what they do. They don't take your 861 01:10:08.119 --> 01:10:12.239 insurance check. They don't do anything. No one does business like that. 862 01:10:12.600 --> 01:10:18.560 Excel ex Cel Excel roofing dot com and you can count on them for sure, 863 01:10:18.920 --> 01:10:25.119 Excel Roofing. Don't get caught in that trap with someone who traps you. 864 01:10:25.760 --> 01:10:29.640 Three oh three seven six one sixty four hundred seven sixty one sixty four 865 01:10:29.760 --> 01:10:34.960 zero zero. Hi Tom Martino, your troubleshooter three all three seven one three 866 01:10:35.000 --> 01:10:41.079 talks seven one three two five five. Jack said that he has uh hey 867 01:10:41.079 --> 01:10:44.560 as clients who bought a house and he's doing some repairs in it. He 868 01:10:44.600 --> 01:10:51.840 said that the previous owners made a bunch of alterations without proper permitting. Jack, 869 01:10:54.279 --> 01:10:59.439 how long have your clients owned this home? Your customers, they've been 870 01:10:59.439 --> 01:11:03.840 in it for two years. They bought it in twenty twenty two. Okay, 871 01:11:04.039 --> 01:11:08.800 that might be a problem. Now they only have a certain amount of 872 01:11:08.880 --> 01:11:15.760 time. But it's a non disclosure thing if anything, okay, meaning if 873 01:11:15.760 --> 01:11:20.119 they lied to them, they may not have lied to them. Do they 874 01:11:20.159 --> 01:11:28.720 have access to a disclosure statement? I'm pretty sure they do. One thing 875 01:11:28.760 --> 01:11:31.960 that I have. If it's a two bedroom house and then they put it 876 01:11:32.000 --> 01:11:36.760 in an unpermitent basement and sell it as a four bedroom house, would that 877 01:11:36.840 --> 01:11:42.479 be fraud? No, because these people, it's not like they blindfolded the 878 01:11:42.520 --> 01:11:45.399 people. I mean they can sell it. They can sell it if they 879 01:11:45.439 --> 01:11:50.239 put two bedrooms in the basement as a five bedroom or four however many bedrooms, 880 01:11:50.279 --> 01:11:54.680 of course they can. Now if you go in there and you see, 881 01:11:54.760 --> 01:11:57.279 well, two of those bedrooms are in the basement, I don't call 882 01:11:57.319 --> 01:12:02.079 this a four bedroom. I mean that's that semantics, But that the real 883 01:12:02.159 --> 01:12:10.039 issue is did they misrepresent the house. Misrepresenting the house is not saying something 884 01:12:10.079 --> 01:12:16.880 that you can see for yourself. It's it's lying about it, like saying 885 01:12:16.920 --> 01:12:20.359 it has an air conditioning system, and let's say, you know, I 886 01:12:20.399 --> 01:12:24.279 mean, obviously you might be able to discover that on your own, but 887 01:12:24.479 --> 01:12:29.199 still that could be fraud if it's represented as having air conditioning and it doesn't, 888 01:12:29.840 --> 01:12:32.920 or you know, they say it's natural gas and it's not, it's 889 01:12:32.960 --> 01:12:40.760 propane and it's buried tank or something that is totally misrepresented, or you know, 890 01:12:42.079 --> 01:12:45.119 but if they say it has an oversized garage and you don't like the 891 01:12:45.159 --> 01:12:46.960 size of the garage, that's something you could go in and walk around and 892 01:12:47.560 --> 01:12:53.000 see for yourself. But what you can't see for yourself is if something was 893 01:12:53.039 --> 01:12:59.720 done illegally or improperly, like without proper engineering or without or or if a 894 01:13:00.119 --> 01:13:05.279 drainage problem wasn't fixed, or if a sewer backup persisted and they didn't tell 895 01:13:05.319 --> 01:13:13.399 you about it. So those see non disclosure is something that they hid from 896 01:13:13.439 --> 01:13:19.439 you or lied about. Now they finished a basement without permits, is that 897 01:13:19.520 --> 01:13:25.039 correct? Not only that they took a cross space, dug it out, 898 01:13:26.000 --> 01:13:30.039 put in at ten to basement, and then didn't have any of the engineering 899 01:13:30.079 --> 01:13:35.479 done for those major structural modifications. Now, hold on, you have substance 900 01:13:35.640 --> 01:13:42.880 over form. The form is they didn't do the proper permitting in all of 901 01:13:42.920 --> 01:13:47.479 that, that would be a disclosure issue. It would not be a loss 902 01:13:47.520 --> 01:13:55.840 issue unless the substance of it is it was done improperly. The fact they 903 01:13:55.880 --> 01:14:00.880 didn't have permits doesn't mean it's dangerous. However, it could be dangerous. 904 01:14:00.119 --> 01:14:05.760 There are two situations. People often confuse them. The permitting process is a 905 01:14:05.840 --> 01:14:12.159 disclosure thing. The safety thing is something totally different. Hold on and we'll 906 01:14:12.159 --> 01:14:23.439 discuss it. It sounds like they have a pretty good chase ripped up so 907 01:14:23.600 --> 01:14:30.079 you don't have come run into Just as as as we can, Shooter's gonna 908 01:14:30.159 --> 01:14:39.720 help come. This is the Troubleshooter Show. No Tom Martino. Hi, 909 01:14:39.840 --> 01:14:43.239 I'm Tom Martino. Welcome to the show. We are here to help you 910 01:14:43.479 --> 01:14:45.800 solve problems, to answer questions, to take complaints, to make your life 911 01:14:45.800 --> 01:14:49.279 a little easier. And I have Frank around in the real estate man with 912 01:14:49.399 --> 01:14:55.399 me today and we're talking anything you want to talk about. Really, we 913 01:14:55.680 --> 01:14:58.479 talked a little bit about tipping and when you should tip and when not to 914 01:14:58.520 --> 01:15:00.079 tip. And now I know a lot of people bitch about tipping, and 915 01:15:00.399 --> 01:15:04.760 really The reality is our society is moving on tipping. But I think some 916 01:15:04.800 --> 01:15:09.479 of the problems people have is where to tip and when to tip, because 917 01:15:09.520 --> 01:15:13.279 some people are asking for tips where it seems a little out of the ordinary, 918 01:15:13.800 --> 01:15:18.800 that where you didn't have tipping before, you know, and so what 919 01:15:18.960 --> 01:15:23.680 is a ridiculous place to expect a tip? And when should you get a 920 01:15:23.720 --> 01:15:28.399 tip? There are times though, when you hardly have interaction, hardly have 921 01:15:28.520 --> 01:15:32.840 interaction with a staff, and then they want to tip. Some people are 922 01:15:33.119 --> 01:15:38.479 are saying at a convenience store, they literally had a place for a tip, 923 01:15:38.520 --> 01:15:41.239 and I found that hard to believe. Someone else said they even saw 924 01:15:41.279 --> 01:15:44.479 one at a self service pump, and I flat out refused to believe that. 925 01:15:44.520 --> 01:15:47.439 One Frank Duran was talking about real estate. We're going to talk about 926 01:15:47.439 --> 01:15:51.600 that in a little while. On a side note here, I got to 927 01:15:51.680 --> 01:15:55.520 quit. There's a quick question here on text and I'm going to go back 928 01:15:55.560 --> 01:15:59.159 to the phones. Tom. We had a major hailstorm about a month ago. 929 01:15:59.279 --> 01:16:02.359 Yeah, I remember, and I need to get an insurancejuster to take. 930 01:16:02.439 --> 01:16:09.000 Look, what do I need to do first in respect to, you 931 01:16:09.000 --> 01:16:13.239 know, with the adjuster out? And what should I ask the adjuster, 932 01:16:13.359 --> 01:16:15.119 or do with the adjuster, blah blah blah, And I said, do 933 01:16:15.359 --> 01:16:23.399 not, absolutely, do not call an insurance company first. Ever, you 934 01:16:23.640 --> 01:16:28.720 have to first verify you truly do have roof damage. You got to call 935 01:16:28.760 --> 01:16:32.520 a roofer first, a reputable roofer. I always say, call one of 936 01:16:32.560 --> 01:16:35.319 the people on my refer list, or of course Excel roofing. I love 937 01:16:36.800 --> 01:16:45.560 excel roofing dot com. And here's here's why. First, don't sign a 938 01:16:45.800 --> 01:16:51.199 contract with a roofer. Have a roofer inspect and offer a contract so you 939 01:16:51.279 --> 01:16:59.840 know exactly what you need. If a roofer says I'll do whatever the insurance 940 01:17:00.000 --> 01:17:02.359 it proves, then tell them to take a hike. You do not want 941 01:17:02.399 --> 01:17:08.279 that roofer at all. You want a roofer who tells you what you need 942 01:17:08.439 --> 01:17:13.800 based on their knowledge and experience. Then you can compare that to the adjuster 943 01:17:14.520 --> 01:17:19.319 to make sure the adjuster is giving you a fair shape. Then you can 944 01:17:19.359 --> 01:17:24.560 sign a contract with a roofer if you'd like. But I personally would never 945 01:17:24.680 --> 01:17:29.760 sign a contract with a roofer that wants money up front, and I would 946 01:17:29.840 --> 01:17:34.279 never sign a contract that had a penalty class. That's my that's what I 947 01:17:34.279 --> 01:17:39.279 would do. All right, let's talk to Jack, he's a contractor who, 948 01:17:39.279 --> 01:17:43.319 by the way, he said, he went into a client's house. 949 01:17:43.640 --> 01:17:46.800 A customer's house they just bought it a couple of years ago, and there's 950 01:17:46.840 --> 01:17:51.359 a lot of stuff in there that's not permitted, meaning they did not pull 951 01:17:51.399 --> 01:17:56.359 a building permit. Now, I want to explain this because this is really 952 01:17:56.399 --> 01:18:05.319 important. When you buy ay and there there were improvements done without a permit, 953 01:18:06.680 --> 01:18:13.800 the mere fact that there is no permit does not break the law or 954 01:18:14.039 --> 01:18:23.399 constitute fraud. Okay, that alone does not constitute fraud, Jack. What 955 01:18:23.600 --> 01:18:30.800 constitutes fraud is if they don't have a permit and say they do have a 956 01:18:30.840 --> 01:18:36.640 permit, okay, or they say they didn't do something when they did do 957 01:18:36.720 --> 01:18:40.840 something, or they did something and they didn't do it. In other words, 958 01:18:40.920 --> 01:18:47.680 if they lie. Now, what about the actual work itself. The 959 01:18:47.800 --> 01:18:54.880 permit in and of itself does not guarantee quality, whether it's proper or not. 960 01:18:55.039 --> 01:18:59.920 In fact, you could have a permitted job that was done totally incorrectly, 961 01:19:00.239 --> 01:19:04.159 Yes you can. You can also have a non permitted job that was 962 01:19:04.239 --> 01:19:13.479 done extraordinarily well. The permit is not an indication of quality. You know 963 01:19:13.560 --> 01:19:18.680 that as a contractor, Jack, So the question is, were your clients 964 01:19:18.920 --> 01:19:25.680 wronged when they bought a house that had improvements done without a permit. There's 965 01:19:25.760 --> 01:19:30.359 two ways to look at it. First, whether they had a permit or 966 01:19:30.439 --> 01:19:38.079 not. If the improvements were done improperly, they could have liability. The 967 01:19:38.159 --> 01:19:44.039 second is if they didn't have a permit and misrepresented it. That's another area. 968 01:19:44.720 --> 01:19:49.039 So let's take a look the work itself. You said was done, 969 01:19:49.640 --> 01:19:55.680 but is it dangerous? Would an engineer say, oh my god, the 970 01:19:55.720 --> 01:19:58.800 house is going to fall down? Tell me what an engineer? And why 971 01:19:58.840 --> 01:20:03.000 didn't a home inspector pick this up? Jack a bunch of questions. That 972 01:20:04.079 --> 01:20:09.119 the reason that was the first question. I didn't know why home inspector would 973 01:20:09.119 --> 01:20:15.640 pick this up in terms of safety. They did not have proper egress windows 974 01:20:15.680 --> 01:20:18.359 in the basement. The window walls aren't big enough, nor are the windows, 975 01:20:18.720 --> 01:20:24.279 and the sills are too high to comply with code. When they dug 976 01:20:24.319 --> 01:20:28.039 out a basement, how did they shore up that basement? If they dug 977 01:20:28.039 --> 01:20:32.920 out a ten foot basement, did they put up proper foundation? What did 978 01:20:33.000 --> 01:20:40.319 they do? I could see the foundation wall and it looked extremely rough. 979 01:20:40.720 --> 01:20:44.600 It looked like they just put forms on the inside. After they dug it 980 01:20:44.640 --> 01:20:49.760 out, and it's unknown whether or not they put footers in geez, I 981 01:20:49.800 --> 01:20:55.680 mean an engine That's why you get an engineer involved to sign off on the 982 01:20:55.680 --> 01:21:00.680 structural modifications of that type of job. Told me that the person was a 983 01:21:00.720 --> 01:21:06.119 concrete contractor and did all the work himself, which you can clearly see because 984 01:21:06.119 --> 01:21:10.760 the build quality is terrible. Well, then why didn't they have the house 985 01:21:10.840 --> 01:21:15.680 inspected before they bought it? They had an inspector by it. But she 986 01:21:15.760 --> 01:21:20.079 told me that when she was doing the disclosures, she was pressured by the 987 01:21:20.119 --> 01:21:25.439 realtor saying it's fine, it's fine, it's fine. What do you mean 988 01:21:25.479 --> 01:21:30.039 pressured? What I want to ask is this, Frank Duran the disclosure document 989 01:21:30.680 --> 01:21:34.000 talk about what it asks with permits? You you have it with there, 990 01:21:34.039 --> 01:21:39.319 Tom, It's actually item L of the seller's property disclosure, and it's does 991 01:21:39.359 --> 01:21:44.199 everyone use the same disclosure for yes, the real estate approved this case has 992 01:21:44.279 --> 01:21:48.479 yeah, So that's items nine Items eight and nine. They asked if there 993 01:21:48.520 --> 01:21:51.800 was a permit or if done without a building permit? So that's it asked 994 01:21:51.800 --> 01:21:55.359 both. Oh yeah, it's clearly was their work done with a permit? 995 01:21:55.560 --> 01:21:59.359 Was their work done without a permit. Yeah, that's right. And okay, 996 01:21:59.479 --> 01:22:05.199 so on their disclosure, do you know if the sellers lied. I 997 01:22:05.239 --> 01:22:10.399 don't know, but I'll find that out. I think that's important. Look 998 01:22:10.479 --> 01:22:15.439 for anything in there that's a lie. That's going to be important because if 999 01:22:15.479 --> 01:22:23.960 they told them that they did improvements without a permit, they're off the hook. 1000 01:22:27.079 --> 01:22:30.239 But if they disclosed that the work was done without permits, then the 1001 01:22:30.319 --> 01:22:35.199 client is pretty much out of luck. Then that's right, unless they lied 1002 01:22:35.279 --> 01:22:42.000 to them and said, we did it without a permit, but we had 1003 01:22:42.039 --> 01:22:47.359 an engineer stamp or something like that. Any Remember, we're looking for misrepresentation. 1004 01:22:48.199 --> 01:22:55.319 The fact that it's dangerous in and of itself does not make it fraud 1005 01:22:56.359 --> 01:23:00.640 because they can engineer to look at it. With that whether it would take 1006 01:23:00.640 --> 01:23:04.119 an engineer to come out and take a look at it to verify whether or 1007 01:23:04.159 --> 01:23:09.119 not it was done correctly. But even if an engineer says it was not 1008 01:23:09.199 --> 01:23:15.640 done correctly, do you understand what I'm saying? The owners, If the 1009 01:23:15.760 --> 01:23:19.600 owners believed it was done correctly, that's all that matters. It's only if 1010 01:23:19.640 --> 01:23:30.039 they lied about it. See, this is so weird because proving it's incorrect 1011 01:23:30.840 --> 01:23:40.319 does not give them a leg to stand on unless it was misrepresented. So 1012 01:23:41.439 --> 01:23:45.439 there's no law that says there's no law. I wish there was, you 1013 01:23:45.479 --> 01:23:48.520 know what, Jack, I wish there kind of was a law that said 1014 01:23:49.479 --> 01:23:55.279 that when you sell a house, you're not allowed to sell a house. 1015 01:23:55.319 --> 01:24:01.760 I guess unless it is structurally sound or whatever or something, or I don't 1016 01:24:01.800 --> 01:24:08.199 know, unless everything was done proper or there's But there's not. There's no 1017 01:24:08.399 --> 01:24:13.399 law that says that everyone buys a property as is. We don't understand that. 1018 01:24:13.720 --> 01:24:16.039 We don't think we buy it as is. We do. We buy 1019 01:24:16.159 --> 01:24:21.760 every property just like a used car. But it must be there's one other 1020 01:24:21.880 --> 01:24:29.079 change. There's a disclosure statement. Now here's another thing. Is a disclosure 1021 01:24:29.159 --> 01:24:35.880 statement required? Frank, absolutely not see so if they here's the weird thing, 1022 01:24:36.039 --> 01:24:43.199 Jack. If they use a disclosure statement, it must be approved by 1023 01:24:43.239 --> 01:24:47.760 the Real Estate Commission, right, But if they don't use one, they 1024 01:24:47.760 --> 01:24:54.079 don't have to. But I recommend no one buy property without a disclosure statement 1025 01:24:54.199 --> 01:25:00.199 ever. But it's not required. People think it's required. So it's possible 1026 01:25:00.239 --> 01:25:05.079 they didn't even have a disclosure statement. I don't know. You got to 1027 01:25:05.079 --> 01:25:09.439 talk to them or have them call me. And when they say they were 1028 01:25:09.600 --> 01:25:17.720 pressured by the real estate agent, that's not an excuse. I know, 1029 01:25:17.880 --> 01:25:23.159 ignorance is not an excuse. But isn't there a certain standard of being a 1030 01:25:23.199 --> 01:25:29.560 realtor advising a client? Good question, Frank. If a real estate person 1031 01:25:30.359 --> 01:25:34.399 urges people to sign first, of you gotta prove it. But do you 1032 01:25:34.439 --> 01:25:38.640 guys have a literally a fiduciary. I don't know if you do or not? 1033 01:25:38.760 --> 01:25:42.479 By law? Well, Tom, even without the fuciary means the other 1034 01:25:42.560 --> 01:25:45.960 person's best interests go all right. But even if we're not acting as advocate, 1035 01:25:45.000 --> 01:25:48.640 we still owe the public fair and honest dealings. Fair and honest dealings. 1036 01:25:48.760 --> 01:25:51.840 So even if you're acting as a transaction broker or serving them as what's 1037 01:25:51.880 --> 01:25:56.439 called a customer, we still owe them fair and honest dealings. Right, 1038 01:25:56.640 --> 01:26:00.199 So if I say, but if I say, oh, just go ahead, 1039 01:26:00.279 --> 01:26:02.439 signed it. This house is great and everything's cool, don't worry about 1040 01:26:02.479 --> 01:26:05.479 it. What is that? Is that fraud? I don't think that's acting 1041 01:26:05.520 --> 01:26:08.720 in good faith, Tom, I don't know. I mean, unless you 1042 01:26:08.760 --> 01:26:12.319 actually know it to be so sure. Yeah, see, but that's another 1043 01:26:12.399 --> 01:26:16.119 thing that real estate person can say, I thought it was in great condition. 1044 01:26:16.880 --> 01:26:21.960 And they don't even have to base it on anything. Thank you to 1045 01:26:23.119 --> 01:26:25.560 say, I've been around a long time. I thought this house was a 1046 01:26:25.560 --> 01:26:29.399 real steal. It was a great house. That's why I urged. And 1047 01:26:29.439 --> 01:26:33.840 they could say on the stand, did you urge them to sign? Absolutely? 1048 01:26:34.439 --> 01:26:38.399 Why I thought it was a great buy. Did you know that to 1049 01:26:38.439 --> 01:26:40.760 be a fact? Well, no, I was just using my opinion. 1050 01:26:41.159 --> 01:26:45.880 You see, there are so many things people take for granted to see you 1051 01:26:45.079 --> 01:26:49.039 do, Jack, You're asking me questions that everyone asked. But isn't there 1052 01:26:49.039 --> 01:26:56.119 a standard? No, there's not. No, there's not. See, 1053 01:26:56.479 --> 01:27:02.520 we operate under the assumption that we have way more protections than we really do, 1054 01:27:05.600 --> 01:27:11.119 way more protections, and I hope this doesn't come as a shock to 1055 01:27:11.159 --> 01:27:15.399 people listening. But there are not laws to cover each and every event. 1056 01:27:16.439 --> 01:27:21.680 So Jack, have them look first for a disclosure statement. If they have 1057 01:27:21.840 --> 01:27:26.479 one, Let's take a look at it. Let's see if there were any 1058 01:27:26.520 --> 01:27:31.880 misrepresentations or lies. For example, if that real estate agent said, oh, 1059 01:27:31.920 --> 01:27:35.239 by the way, just sign it. My friend's an engineer. He 1060 01:27:35.359 --> 01:27:42.840 said everything's great, and that was not accurate. That's called fraud in the 1061 01:27:42.920 --> 01:27:47.680 inducement, meaning you use lies to get someone to sign something. How old? 1062 01:27:47.920 --> 01:27:54.039 How old are your clients? They're young, their early twenties with them. 1063 01:27:54.159 --> 01:27:58.760 Yeah, God, I feel bad for the first home and I mean 1064 01:27:58.800 --> 01:28:03.199 she even said this could put us in vacrantcy, and I feel very bad 1065 01:28:03.239 --> 01:28:06.680 for her. Well, we don't know how bad it is either, so 1066 01:28:06.760 --> 01:28:10.800 we although it sounds pretty bad. I mean, they may have to jack 1067 01:28:10.880 --> 01:28:15.079 up that whole house and do a whole foundation, and it could put him 1068 01:28:15.079 --> 01:28:19.399 in bankrupts. But didn't the lender require any kind of permits or anything. 1069 01:28:21.479 --> 01:28:27.319 I don't believe. So all right, well again, I'd call me back 1070 01:28:27.439 --> 01:28:30.199 or have them call me back. Three O three seven to one three A 1071 01:28:30.359 --> 01:28:33.760 two five five. You know, if you're looking for an investment that's safe 1072 01:28:33.800 --> 01:28:39.880 and conservative, Joe Kenno, Certified Financial Planner, he has something that can 1073 01:28:39.920 --> 01:28:45.039 help you, and that is called overfunding life insurance. Now, we talked 1074 01:28:45.039 --> 01:28:49.680 about fixed indextinuities for income and guaranteed returns and all of that for lump sums 1075 01:28:49.680 --> 01:28:53.199 of money. But what if you don't have a lot of money and you 1076 01:28:53.279 --> 01:28:58.439 just want to start out. You can buy life insurance and you can overfund 1077 01:28:58.479 --> 01:29:02.760 it. What does that mean? That means that you pay more than the 1078 01:29:02.800 --> 01:29:10.640 cost of life and accumulate cash value that you can later use in life as 1079 01:29:10.800 --> 01:29:14.800 income through policy loans. Listen, it's a whole system. A lot of 1080 01:29:14.840 --> 01:29:19.000 people do it. Find out more. Become the banker dot org. That's 1081 01:29:19.119 --> 01:29:25.600 become the banker dot org. All right, now, let's talk to John 1082 01:29:25.640 --> 01:29:30.279 Fuller Fuller Law. He's a personal injury attorney that works in a very simple 1083 01:29:30.359 --> 01:29:34.600 way. You call him for free information, free legal advice, free impressions 1084 01:29:34.600 --> 01:29:38.960 of your accident and what he thinks it's worth and how he thinks you can 1085 01:29:39.000 --> 01:29:42.720 collect all of this complimentary. Then if you decide to hire him, he 1086 01:29:42.760 --> 01:29:46.239 works on a percentage fee basis, and what he does is goes after the 1087 01:29:46.319 --> 01:29:50.800 other party or the other insurance or your insurance or wherever he can to get 1088 01:29:50.840 --> 01:29:57.640 you justice, to get you paid damages. Now, what about this, 1089 01:29:57.720 --> 01:30:02.319 though, You become a plaintiff. That means you have the burden of proof. 1090 01:30:02.439 --> 01:30:06.479 John, what exactly does that mean? And how do you help there? 1091 01:30:08.640 --> 01:30:12.520 So one of the ways to really understand why insurance companies are such a 1092 01:30:12.520 --> 01:30:17.000 pain in the rear end is because they don't have the duty of proving anything. 1093 01:30:17.079 --> 01:30:21.119 They can just simply say, our position is that none of this is 1094 01:30:21.199 --> 01:30:27.279 related to the accident, and we're not paying a single penny until you prove 1095 01:30:27.439 --> 01:30:30.239 otherwise. And a lot of people get very off put by that, thinking 1096 01:30:30.319 --> 01:30:34.079 that obvious, you know, their damages are obvious, and that the other 1097 01:30:34.159 --> 01:30:39.680 side would naturally just default to being on the hook. But the exact opposite 1098 01:30:39.800 --> 01:30:44.039 is true when we do litigate cases, and whether we're negotiating with the insurance 1099 01:30:44.079 --> 01:30:49.079 company prior to litigation, we have to prove that the damages exist, they 1100 01:30:49.119 --> 01:30:54.840 were caused by the accident, and that there were no pre existing conditions that 1101 01:30:55.000 --> 01:30:59.960 complicated the plainets either you know, the existence of the injury or the recover 1102 01:31:00.439 --> 01:31:03.600 from the injury. So we have that burden. That's why it's so difficult. 1103 01:31:03.760 --> 01:31:06.640 That's why you need us on your side. And I look forward to 1104 01:31:06.680 --> 01:31:10.840 talking to you about your case to see if it's a factor that we need 1105 01:31:10.880 --> 01:31:13.960 to work on for you. You know, John, I think of all 1106 01:31:14.000 --> 01:31:17.960 the things you've ever said, that sums up the biggest problem in personal injury. 1107 01:31:18.199 --> 01:31:23.680 You're right about that. When people are injured, they just they feel 1108 01:31:23.760 --> 01:31:29.880 so frickin' bad, They've had so much damage. They assume they just need 1109 01:31:29.920 --> 01:31:35.159 to collect and you have to take that injury and those damages and make them 1110 01:31:35.359 --> 01:31:43.520 real so people cannot weasel out of their responsibility. I think that's your biggest 1111 01:31:43.840 --> 01:31:46.680 goal there, and that's your biggest task. You put together the case. 1112 01:31:48.560 --> 01:31:51.279 Yep, that's exactly right, Tom. We do it on each and every 1113 01:31:51.319 --> 01:31:55.560 case, and we have been for over twenty years. So if we can 1114 01:31:55.600 --> 01:31:58.279 help you out, let us know. Yeah, And all you have to 1115 01:31:58.279 --> 01:32:00.560 do is call them, and you will see the difference. With Fuller. 1116 01:32:00.840 --> 01:32:04.520 First, you're gonna talk to him, that's a big difference. Then you're 1117 01:32:04.520 --> 01:32:08.920 gonna get a cell phone number to call or text at any time. Three 1118 01:32:08.920 --> 01:32:13.600 all three five nine seven forty five hundred, John Fuller the one i'd call 1119 01:32:13.720 --> 01:32:16.479 right now if I was injured. Three oh three five nine seven forty five 1120 01:32:16.560 --> 01:32:24.439 hundred. My accident lawyer dot C Now coming up. I'll have Frank Duran 1121 01:32:24.600 --> 01:32:29.840 weigh in on this agency agreement and hit their fiduciary responsibility. So I told 1122 01:32:29.880 --> 01:32:31.439 you they just have to give you their opinion. We're going to do that 1123 01:32:31.479 --> 01:32:34.000 in a minute. Frank, I'm going to take these calls who've been waiting 1124 01:32:34.039 --> 01:32:39.359 a while. But then people, I was a little wrong in that it's 1125 01:32:39.479 --> 01:32:42.760 not just your opinion. Oh I think I thought it was great. So 1126 01:32:42.880 --> 01:32:45.279 if you're listening, contractor who called for your client, I want you to 1127 01:32:45.319 --> 01:32:48.600 listen to this. Uh. First though, let's go to Keith. Keith, 1128 01:32:48.880 --> 01:32:53.800 you have a question about garage insulation. What's going on. Yeah, 1129 01:32:54.039 --> 01:32:58.399 I've been thinking about, like, I have a three car task garage that 1130 01:32:59.159 --> 01:33:02.039 when it was built never insulated. The attic above the garage. The rest 1131 01:33:02.039 --> 01:33:05.960 of the house is insulated, but I've been thinking on maybe, uh, 1132 01:33:06.159 --> 01:33:10.920 insulating it and wondering if to help in the summer and winter. Bob, 1133 01:33:12.560 --> 01:33:15.680 Yes, all of that would help. Yes. Now, okay, it's 1134 01:33:16.079 --> 01:33:20.319 here's what I want to ask you. Above the garage you have No, 1135 01:33:20.880 --> 01:33:28.399 you have no insulation. Is that garage adjacent have a wall adjacent to your 1136 01:33:28.479 --> 01:33:33.279 house? Attic? No, it's open. What does that mean open? 1137 01:33:34.239 --> 01:33:39.039 I mean if you go up in the attic to the crow, to the 1138 01:33:39.039 --> 01:33:44.039 little trap door, the groag part is not insulated, and you look to 1139 01:33:44.079 --> 01:33:48.039 the left, it's open and the house part is insulated. Oh but yeah, 1140 01:33:48.199 --> 01:33:50.119 no, no, no, no, you don't want that. So 1141 01:33:50.239 --> 01:33:56.479 that air is open to your house? Yes, yeah, you don't want 1142 01:33:56.520 --> 01:34:00.600 that. You're you're you want to insulate above that garage. You know, 1143 01:34:00.640 --> 01:34:03.760 we have great people on the referral list that do uh insallation? Did you 1144 01:34:03.800 --> 01:34:09.439 know that? Well, that was my next step after I talked to you. 1145 01:34:09.479 --> 01:34:12.319 I want to make sure, yeah, make sure you get good people 1146 01:34:12.640 --> 01:34:15.760 expect to do it. I'm going to tell you you have someone in Colorado 1147 01:34:15.760 --> 01:34:19.720 Springs. Ah, damn, Colorado Springs. That's a good one. Hold 1148 01:34:19.760 --> 01:34:27.319 on, I actually I don't know. I don't know, but we can. 1149 01:34:27.880 --> 01:34:30.560 I'm looking here right now, and I just looked at insulation here. 1150 01:34:31.000 --> 01:34:38.159 I just want to see. I just I forget the name of our insulation 1151 01:34:38.359 --> 01:34:42.479 place. Let's see. It's well, I want you to call. Let's 1152 01:34:42.560 --> 01:34:47.560 see. We have so many people listed. I know they don't just specialize 1153 01:34:47.560 --> 01:34:53.079 in insulation. Well, hold on, you might want to try Valero Construction 1154 01:34:53.960 --> 01:34:58.720 in color I think they're down there. Yeah, Valero V. He can 1155 01:34:58.760 --> 01:35:02.000 give you a start, and he's a good person man. So it's Valero 1156 01:35:02.319 --> 01:35:09.279 V E L excuse me, v A L E r Io Valerio. I 1157 01:35:09.279 --> 01:35:13.720 should say v A L E r I. Oh Valerio. And here's the 1158 01:35:13.800 --> 01:35:23.039 number seven to zero eight eight two two one three nine two one three nine. 1159 01:35:23.079 --> 01:35:27.720 Okay. Now, as far as insulation, though, we have another 1160 01:35:27.760 --> 01:35:30.960 one I want you to call if I can find it. Dang, I 1161 01:35:30.000 --> 01:35:33.439 can't. I can't find that installation company. I don't know why I'm not 1162 01:35:33.560 --> 01:35:40.239 finding it. In any case, go on referral list. Now, you 1163 01:35:40.279 --> 01:35:45.039 know petrolley roofing. They say they do some of that, but I'm not 1164 01:35:45.159 --> 01:35:50.000 sure they do. I see sometimes when they're under roofing, they get put 1165 01:35:50.079 --> 01:35:58.239 under insulation. But you may want to try. And we have uh, 1166 01:35:58.319 --> 01:36:02.880 let's see where else in Colorado Springs. No, I can't see, but 1167 01:36:03.000 --> 01:36:06.159 we have someone specifically, and I got to talk to Mark about it. 1168 01:36:06.199 --> 01:36:11.239 I don't know why they're not showing up here. We have a great place 1169 01:36:11.279 --> 01:36:15.399 that does insulation, and I can't, for the life of me find it. 1170 01:36:15.439 --> 01:36:18.600 While I'm talking to you. She does a great job with insulation. 1171 01:36:19.840 --> 01:36:25.199 And if he if he's listening, yeah, go ahead. Did somebody call 1172 01:36:25.239 --> 01:36:29.520 me? Is that? I thought I heard this somebody anyway, So go 1173 01:36:29.560 --> 01:36:32.600 ahead and go ahead and look on the referral list. Meanwhile, if I 1174 01:36:32.640 --> 01:36:35.560 come up with that name, I'll let you know. But you definitely want 1175 01:36:35.600 --> 01:36:40.359 to if that air over the garage is open to the air over the house. 1176 01:36:40.399 --> 01:36:46.399 You want that insulated for all kinds of reasons, and personally I would 1177 01:36:46.520 --> 01:36:51.359 I would personally not have it open over the garage into the house. If 1178 01:36:51.359 --> 01:36:57.680 the garage is un is the garage unheated, it's unheeded. Yes, I 1179 01:36:57.760 --> 01:37:01.159 would not have the air. I would insulate it, but I would kind 1180 01:37:01.159 --> 01:37:06.560 of make a partition there where the roof goes through. And you have to 1181 01:37:06.640 --> 01:37:11.600 also make sure you have proper ventilation up there. Do you have proper ventilation? 1182 01:37:12.439 --> 01:37:15.560 Yeah, that would just been checked recently and everything is correct there. 1183 01:37:16.159 --> 01:37:19.199 Now let's talk to Mike. Mike has a comment. Mike, go ahead, 1184 01:37:19.199 --> 01:37:24.720 what is your comment on this insulation issue. Tommy kind of stole my 1185 01:37:24.760 --> 01:37:29.000 thunder. As a retired firefighter, I was going to recommend he puts what's 1186 01:37:29.039 --> 01:37:33.479 called a bulkhead between the garage in the house, and that's just a series 1187 01:37:33.479 --> 01:37:41.359 of two by fours between the top of the body. It's kind of like 1188 01:37:41.399 --> 01:37:45.119 the gable end right of the of the garage, right leaning up against the 1189 01:37:45.119 --> 01:37:50.760 house where they go together right right. And if he can, he needs 1190 01:37:50.880 --> 01:37:57.039 to use five eights fire rock, which is drywall on both sides of that, 1191 01:37:57.279 --> 01:38:00.319 because if he ever has a garage fire. Yeah, it's going to 1192 01:38:00.359 --> 01:38:03.600 crawl through his attic and take the house with it. God, what a 1193 01:38:03.600 --> 01:38:06.760 good advice that is. I wasn't even thinking in terms of fire. I 1194 01:38:06.800 --> 01:38:11.159 was thinking in terms of insulating and all of that. But you're right. 1195 01:38:11.560 --> 01:38:15.319 So what he's saying is put a firewall up there. Basically, okay, 1196 01:38:15.640 --> 01:38:20.239 Keith, between where they you know, like where they come together, really 1197 01:38:20.279 --> 01:38:23.920 where you're no longer in the garage, but now you're in your attic. 1198 01:38:24.239 --> 01:38:28.439 You got to block that. You've got to keep them separate. Yeah, 1199 01:38:28.479 --> 01:38:30.640 okay, I understand. And then you have to make once you make them 1200 01:38:30.680 --> 01:38:36.720 separate, you have to make sure you have enough ventilation in both because now 1201 01:38:36.720 --> 01:38:41.000 you have two separate roof systems. Once you block that off, you're going 1202 01:38:41.079 --> 01:38:43.920 to have one over the garage and one over the house, and you have 1203 01:38:44.000 --> 01:38:49.039 to make sure they're both ventilated properly. That means you have to have softet 1204 01:38:49.119 --> 01:38:53.720 vents, and then you have to have either a ridge vent or you have 1205 01:38:53.800 --> 01:39:00.880 to have vents pipe vents in both sections of the roof. By the way, 1206 01:39:00.880 --> 01:39:04.920 if you're in the springs, Excel roofing is excellent at ventilation. They're 1207 01:39:04.960 --> 01:39:08.960 down in the springs too, so you may want to talk to them about 1208 01:39:08.960 --> 01:39:12.840 that. Three oh three seven one, three eight two five five. Okay, 1209 01:39:12.920 --> 01:39:15.720 we have more coming up. I want to tell you Denverregen dot com 1210 01:39:15.880 --> 01:39:21.199 for your UH if you're looking for stem cell therapy, Yes, they're doing 1211 01:39:21.199 --> 01:39:27.560 stem cell therapy. They're also doing weight loss compounds, compounded weight loss, 1212 01:39:28.000 --> 01:39:32.239 stemaglutide and trzeppetite for pennies on the dollar compared to brand names. Denverregen dot 1213 01:39:32.279 --> 01:39:39.560 com, Qccolorado dot com that stands for the Quiet, Cool Wholehouse Fan. 1214 01:39:40.239 --> 01:39:45.439 Let me tell you, since we're talking about ventilation, what QC does at 1215 01:39:45.520 --> 01:39:49.439 ventilates your house. It evens out the temperatures from low to high, so 1216 01:39:49.560 --> 01:39:53.439 from the first floor to the second floor or from low to high. And 1217 01:39:53.520 --> 01:39:59.840 here's what I love about it. It keeps the temperatures more even, which 1218 01:40:00.119 --> 01:40:05.159 in and of itself helps your air conditioner work less. But it makes your 1219 01:40:05.199 --> 01:40:11.119 house more comfortable. And in the evenings in Colorado, there's almost never a 1220 01:40:11.199 --> 01:40:15.159 time it doesn't work where you don't even need air conditioner, and in the 1221 01:40:15.199 --> 01:40:19.720 morning too. I love my QC Whole House Fan. It saved me a 1222 01:40:19.760 --> 01:40:26.920 ton of money on air conditioning bills. Plus it's just provided a wonderful alternative 1223 01:40:26.920 --> 01:40:30.600 to air conditioning in many of the seasons, really even during the summer. 1224 01:40:31.039 --> 01:40:36.960 So that's QC Colorado dot Com and again you're gonna love it. And here's 1225 01:40:38.000 --> 01:40:45.399 the number three three, eight hundred and thirty four nineteen. Okay, I'm 1226 01:40:45.439 --> 01:40:48.680 Tom Martino. You're a troubleshooter. I want to talk to Sandra about our 1227 01:40:48.800 --> 01:40:55.439 dentist, an issue with a dentist. What's going on to Sondra? Well, 1228 01:40:56.000 --> 01:40:58.560 oh, sorry, I had spoke with you. I don't know. 1229 01:40:58.600 --> 01:41:01.960 It's been a few weeks bg maybe even a month about a dentist that we 1230 01:41:02.039 --> 01:41:06.279 gave him ten thousand dollars up front. Oh my god, I remember hold 1231 01:41:06.319 --> 01:41:12.239 on, let me Yeah, that was terrible. And so what happened, 1232 01:41:13.319 --> 01:41:18.359 Well, since that time he had filed bankruptcy under his personal name Chapter seven, 1233 01:41:18.960 --> 01:41:24.640 so the patients couldn't go after him. But what was the name of 1234 01:41:24.680 --> 01:41:30.319 the dentist. Well, his name is Sean Custer and the dental practices in 1235 01:41:30.399 --> 01:41:33.760 Fort Collins, and he had one here in Greeley were park Few Family Dental. 1236 01:41:34.439 --> 01:41:39.479 He has since filed Chapter seven. But there are I'm finding more and 1237 01:41:39.479 --> 01:41:45.840 more women. They responded to my who is thenet? Oh you found that 1238 01:41:46.319 --> 01:41:49.119 she is a gal? She contacted me. I just now saw it VI 1239 01:41:49.239 --> 01:41:54.000 a yelp who has gone through the same thing that I am. She paid 1240 01:41:54.000 --> 01:41:58.560 money up front for gentures. He has been waiting a year. See what 1241 01:41:58.600 --> 01:42:00.600 he's doing. What it looks like you did. I'm not sure, you 1242 01:42:00.640 --> 01:42:04.600 know, I'm not completely sure, but that he was getting new patients in 1243 01:42:04.640 --> 01:42:09.479 there, and then he was taking their money, but then he would prolong. 1244 01:42:10.159 --> 01:42:14.880 How I mean, I've been waiting two years to get my upper plate 1245 01:42:15.319 --> 01:42:18.000 and she's been waiting one year to get hur Dennis her genscher. Now is 1246 01:42:18.039 --> 01:42:25.359 her name Dennette or Danielle? It'snette Donette. Yeah, I found her, 1247 01:42:25.439 --> 01:42:30.560 but I didn't find you that I was looking for, because I know she 1248 01:42:30.720 --> 01:42:33.159 had called us, but I don't have your call here. But in any 1249 01:42:33.199 --> 01:42:39.399 case, so so yeah, I did right now. The guy filed for 1250 01:42:39.520 --> 01:42:45.359 bankruptcy. But if he committed do you know if the bankruptcy has been discharged, 1251 01:42:45.680 --> 01:42:49.039 that means it's completed, not because it has not, because I still 1252 01:42:49.119 --> 01:42:54.319 have a time. I hired an attorney two thousand dollars. Do you want 1253 01:42:54.359 --> 01:42:58.159 to challenge that. You're trying to challenge the bankruptcy, right, Well, 1254 01:42:58.520 --> 01:43:02.079 not only that, I'm wondering when does it become fraud if you were bringing 1255 01:43:02.119 --> 01:43:05.600 in there, that's right, that's what you have to do to challenge it. 1256 01:43:05.960 --> 01:43:11.159 That's exactly what you're doing, the right thing. But you should probably 1257 01:43:11.239 --> 01:43:15.399 get together with other patients and share the cost because it's going to be expensive. 1258 01:43:15.680 --> 01:43:19.960 What you're claiming that he took in money knowing he was going out of 1259 01:43:20.000 --> 01:43:30.000 business. Yes, yes, However, however, remember he did he's done 1260 01:43:30.039 --> 01:43:34.640 some work on most of these people, he just didn't finish them. Correct. 1261 01:43:35.319 --> 01:43:40.119 Well, that would give the impression that he was making a good faith 1262 01:43:40.279 --> 01:43:45.079 effort and ran out of time or money or whatever. Well, but you 1263 01:43:45.119 --> 01:43:49.479 know he strung me along for two years. Oh the LAB didn't get it, 1264 01:43:49.560 --> 01:43:53.800 right, are they? You Lab did this and Laud did that and 1265 01:43:53.880 --> 01:43:57.279 that. When they're sending it impressions and things like this. I mean, 1266 01:43:58.039 --> 01:44:01.600 it's just a I mean two years, come on, no, I know. 1267 01:44:01.720 --> 01:44:05.920 But you're saying during that time he kept taking money, Well, yeah, 1268 01:44:05.960 --> 01:44:12.359 he kept getting new patients taking their money. Why why are you spending 1269 01:44:12.399 --> 01:44:17.039 two grand on an attorney? Well, because I was informed that I should 1270 01:44:17.079 --> 01:44:23.560 not file the proof of claim to the bankruptcy court myself, that I needed 1271 01:44:23.600 --> 01:44:32.560 a representation, well from an attorney here in Greeley. Well that's not necessarily 1272 01:44:32.800 --> 01:44:38.079 that's not necessarily true. I mean you can file a proof of claim. 1273 01:44:38.239 --> 01:44:41.600 But well, and it shouldn't cost you two grand to do that. That 1274 01:44:41.640 --> 01:44:45.720 doesn't sound right to me, So yeah, maybe not. It's Kingsford Law 1275 01:44:45.760 --> 01:44:51.479 here in Greeley. But what else is he also going for that price? 1276 01:44:53.119 --> 01:44:59.039 Is Kingsford Law also going to file a protest? Well? I know they're 1277 01:44:59.079 --> 01:45:01.760 going to file a proof claim, but there needs to be because in my 1278 01:45:01.920 --> 01:45:08.479 research, there also needs to be a complaint and that's kind of what you 1279 01:45:08.520 --> 01:45:13.960 No, No, the complaint is for challenging the bankruptcy for okay, But 1280 01:45:14.199 --> 01:45:17.399 the proof of claim is very simple. You didn't. I don't think you 1281 01:45:17.520 --> 01:45:21.840 needed an attorney for that. I mean, having an attorney for why would 1282 01:45:23.479 --> 01:45:27.760 I can't even believe that they would charge you two grand to file a proof 1283 01:45:27.800 --> 01:45:32.199 of claim for God's sakes, It's just filling out paperwork, right right? 1284 01:45:33.199 --> 01:45:36.640 Yeah? No, see, and I have not signed anything as far as 1285 01:45:36.680 --> 01:45:43.399 them representing me. Well, okay, you haven't paid them yet. No, 1286 01:45:44.079 --> 01:45:46.359 and you haven't hired them yet. Okay, No, I want to 1287 01:45:46.359 --> 01:45:49.239 hold on to do me a favor. I want you to hold on, 1288 01:45:49.319 --> 01:45:53.399 dear, hold on to that. I'm not Donet. I'm sorry, Cassandra. 1289 01:45:53.479 --> 01:45:59.039 Hold on. I want to get Mike wink On from the wink Law 1290 01:45:59.079 --> 01:46:06.760 firm to talk about this particular Okay, the case, not not the case, 1291 01:46:06.840 --> 01:46:12.000 but like filing a proof of claim in what it takes and just give 1292 01:46:12.039 --> 01:46:15.760 her some general inform. Okay, So hang on and we will come back 1293 01:46:15.760 --> 01:46:17.600 to you on that. I'm Tom Martinez. We have more right after this. 1294 01:46:18.119 --> 01:46:20.880 You want to save money, like a ton of money on water heaters. 1295 01:46:21.079 --> 01:46:27.520 You're all plumbing Colorado dot net. Think about this. You need a 1296 01:46:27.560 --> 01:46:31.039 water heater, you can get one starting at thirteen ninety nine. That's what 1297 01:46:31.199 --> 01:46:36.680 the old one torn out and taken away. That's incredible. Yeah, thirteen 1298 01:46:36.760 --> 01:46:41.760 ninety nine all in, that's what you supply line for water and gas. 1299 01:46:41.880 --> 01:46:45.319 Fourteen ninety nine for a fifty gallon. It's incredible. And he says he'll 1300 01:46:45.359 --> 01:46:49.319 save you with every single plumbing repair. Put him to the test. You're 1301 01:46:49.319 --> 01:46:54.000 all plumbing Colorado dot net. That's three zero, three sixty six.' 1302 01:46:54.039 --> 01:46:58.880 eight six' eight four four. John Fuller is an expert we use for 1303 01:46:58.960 --> 01:47:00.439 personal injury on this show. You've heard him on the show. He gives 1304 01:47:00.439 --> 01:47:04.000 great advice. But here's the most important advice. Let's get down right to 1305 01:47:04.039 --> 01:47:09.600 it. When you're injured, you're wondering is it worth pursuing? And what 1306 01:47:09.680 --> 01:47:13.880 is it worth? Let's just face it. I mean, that's the system 1307 01:47:13.920 --> 01:47:17.079 we have in America. You get paid for your injuries if it was someone 1308 01:47:17.079 --> 01:47:23.399 else's fault, and John Fuller will give you his full and undivided attention on 1309 01:47:23.439 --> 01:47:27.880 a complimentary call to find out what your case is worth and if it's worth 1310 01:47:27.960 --> 01:47:31.119 pursuing, meaning where can you collect? That's all free of charge. Now, 1311 01:47:31.159 --> 01:47:34.439 if you decide to use John, that's wonderful. He'll do a great 1312 01:47:34.520 --> 01:47:39.640 job for you on a percentage fee basis only if he wins. And then 1313 01:47:40.279 --> 01:47:43.239 you get a cell phone number you can call her text at anytime. John 1314 01:47:43.279 --> 01:47:47.000 Fuller, Fuller Law three oh three five nine seven forty five hundred five nine 1315 01:47:47.079 --> 01:47:54.680 seven four or five zero zero my accident lawyer dot Co. Tom Martine here, 1316 01:47:54.720 --> 01:47:57.239 welcome to the show. I want to talk to Mike Wink from the 1317 01:47:57.279 --> 01:48:00.439 Wink Law firm he does bankruptcy law. A quick question from Hey Mike. 1318 01:48:00.960 --> 01:48:06.239 So Cassandra paid a dentist upfront, got partial work done, and some other 1319 01:48:06.279 --> 01:48:12.239 people paid the money, and then he went bankrupt. So obviously there are 1320 01:48:12.359 --> 01:48:15.159 patients upset with the bankruptcy and they want to put in a claim. We 1321 01:48:15.239 --> 01:48:19.520 don't know what assets there are or anything, but I have a quick question. 1322 01:48:20.680 --> 01:48:26.399 She was told that she needed an attorney to file a proof of claim. 1323 01:48:27.079 --> 01:48:31.359 Who told you that, Cassandra, I do not recall. Now this 1324 01:48:31.399 --> 01:48:34.279 has been so crazy. I mean, I've talked to so many people and 1325 01:48:34.319 --> 01:48:40.560 done so much research online. I don't recall. So you hired an attorney. 1326 01:48:41.039 --> 01:48:43.079 Well I haven't, I mean I haven't, no, no, but 1327 01:48:43.159 --> 01:48:46.039 you talked to an attorney and he wants to charge two thousand dollars to file 1328 01:48:46.279 --> 01:48:51.479 proof and and all he's and you know he's. They changed. They did 1329 01:48:51.560 --> 01:48:56.560 up an agreement of p agreement and send it to me in an email for 1330 01:48:56.720 --> 01:49:02.319 my review and to sign and uh and it now states that it's basically just 1331 01:49:02.399 --> 01:49:08.279 for the filing the proof of claim because it's not anything. It says something 1332 01:49:08.319 --> 01:49:12.000 about term. I'd have to bring it up on my computer. But Anyways, 1333 01:49:12.000 --> 01:49:14.800 it's basically I think just for that, it's like if it goes any 1334 01:49:14.840 --> 01:49:17.640 further or it goes to I don't know what happens after once all these proof 1335 01:49:17.680 --> 01:49:23.680 of claims are filed against the attorney. So Mike filing a proof of claim, 1336 01:49:24.279 --> 01:49:28.319 isn't that something a creditor can do on their own? Yes, you 1337 01:49:28.359 --> 01:49:33.520 do not need an attorney. And with Google google the United States Bankruptcy Court 1338 01:49:33.600 --> 01:49:38.199 District of Colorado. There's a full number there. There's a ford staff that's 1339 01:49:38.199 --> 01:49:41.760 actually quite helpful, and I'm sure they can give you a lot of guide 1340 01:49:41.800 --> 01:49:44.319 and if you have any problems, you can give us a call too, 1341 01:49:44.359 --> 01:49:46.680 and I can point you. Okay, correction. Now here's the thing. 1342 01:49:47.640 --> 01:49:54.840 Isn't it like a form Mike? Correct? Correct? Call? And she 1343 01:49:54.560 --> 01:49:58.520 did with that form? Did you receive that you were obviously received the notice 1344 01:49:58.520 --> 01:50:01.439 of the bankruptcy correct? Yes, I did, and then a second notice 1345 01:50:01.479 --> 01:50:05.760 stating that there may be some assets to distribute. And one of the other 1346 01:50:05.840 --> 01:50:12.119 gals that went to him, they said they the bankruptcy judge told her because 1347 01:50:12.119 --> 01:50:15.119 she attended the hearing, that we're looking at maybe one hundred dollars back. 1348 01:50:17.159 --> 01:50:20.000 And that's like Well, I'm thinking to myself, why the hell would he 1349 01:50:20.079 --> 01:50:24.000 charge me two grand a violent group of claims? Well, yeah, don't, 1350 01:50:24.119 --> 01:50:29.039 don't hire that attorney. That that's without But there's another issue, Mike. 1351 01:50:29.560 --> 01:50:34.560 Let's say patients wanted to challenge the bankruptcy itself. Now that is a 1352 01:50:34.600 --> 01:50:41.039 whole different ballgame, right, correct, correct, And theoretically you don't need 1353 01:50:41.079 --> 01:50:45.520 an attorney to do that. But I think you'd be foolish to engage in 1354 01:50:45.760 --> 01:50:51.399 that type. Right he killed, Mike. I have another question. Does 1355 01:50:51.439 --> 01:50:55.960 a trustee, if he gets a lot of complaints about fraud or that the 1356 01:50:55.960 --> 01:50:59.439 guy knew he was going out of business, does it be hoove a trustee 1357 01:50:59.479 --> 01:51:01.640 to do that? Or does a trustee make more money if he just lets 1358 01:51:01.680 --> 01:51:08.279 the bankruptcy go through. Sure, well, there's a panel trustee who administers 1359 01:51:08.319 --> 01:51:13.279 the case. That's the that's the frontline trustee, but overseeing every case is 1360 01:51:13.319 --> 01:51:17.479 the United States Trustee. And if you've got real if you've got a you 1361 01:51:17.479 --> 01:51:23.359 know, let's say a sizable number of creditors who all have similar theft type 1362 01:51:23.359 --> 01:51:26.399 claims, which would this would be right, I paid for something I didn't 1363 01:51:26.439 --> 01:51:30.840 get it civil theft. Then you could take that to the US trustee who 1364 01:51:30.840 --> 01:51:40.640 may or may not fight discharge you on behalf of sort of justice. Okay, 1365 01:51:40.720 --> 01:51:44.960 that's good to know, So, Cassandra, if you need any more, 1366 01:51:45.119 --> 01:51:49.800 Wink the Wink Law Firm is seven two zero five two three zero six 1367 01:51:49.960 --> 01:51:54.800 two zero. You can also find him at referralss dot com. We have 1368 01:51:54.880 --> 01:51:58.159 more coming up on The Troubleshooter Show. And then Frank Duran wants to fill 1369 01:51:58.239 --> 01:52:02.199 us in on the duties of real estate broker to correct what I said earlier, 1370 01:52:02.560 --> 01:52:15.800 and we'll talk about that and more coming up. Yeah, rid News 1371 01:52:17.119 --> 01:52:23.760 need advice, so you don't have to come running. Just as fast as 1372 01:52:23.760 --> 01:52:30.159 we can. Shooter's gonna help coming. Man Dix is the Troubleshooter Show. 1373 01:52:30.800 --> 01:52:36.359 No Tom Martino. Hey, I'm Tom Martino. Welcome to the show. 1374 01:52:36.479 --> 01:52:42.920 Three oh three seven one three talk three three seven one three eight two five 1375 01:52:43.079 --> 01:52:45.880 five. We're here to help you solve problems, answer questions, take complaints, 1376 01:52:45.960 --> 01:52:48.680 make your life just a little easier. All you have to do is 1377 01:52:48.680 --> 01:52:51.560 give a squad. If Frank ran the real estate man with me and we'll 1378 01:52:51.600 --> 01:52:56.399 talk about agency and agency agreements. But Will I believe is still on the 1379 01:52:56.399 --> 01:52:59.239 line. Will what's going on with you? Will? How can we help 1380 01:52:59.279 --> 01:53:06.039 you? I'm having problems with seventy. They actually put a hold on my 1381 01:53:06.199 --> 01:53:15.119 registration. Now, are they saying you have unpaid dues unpaid tolls? Yes? 1382 01:53:15.880 --> 01:53:18.319 Why? Yeah? I don't ever use it, but I guess my 1383 01:53:18.439 --> 01:53:25.439 wife has been about telling me, and she used it years ago and I 1384 01:53:25.479 --> 01:53:29.840 told her don't use it. Okay, Well, then I was just going 1385 01:53:29.920 --> 01:53:33.720 to ask you because usually, let's just put it this way, usually four 1386 01:53:33.840 --> 01:53:41.000 seventy toll authority, they're pretty accurate in their assessments and record keeping. So 1387 01:53:41.159 --> 01:53:45.359 are you denying it or are you saying it's too much or there's undue penalties 1388 01:53:45.520 --> 01:53:49.479 or what? What is your situation? How much? Said? They're they're 1389 01:53:49.520 --> 01:53:55.520 telling me it's almost one thousand dollars? Okay, so what are you saying? 1390 01:53:55.600 --> 01:54:03.319 No, I'm saying I don't know how a few dollars charge can turn 1391 01:54:03.399 --> 01:54:08.399 into one thousand dollars. Did they say, though, that's part of that 1392 01:54:08.560 --> 01:54:14.920 is a penalty because they have penalties. Yes, okay, Well how much 1393 01:54:14.960 --> 01:54:18.840 of it as tolls and how much is penalties? They didn't tell me that 1394 01:54:18.920 --> 01:54:23.840 part. Well, then that's why. Well, let's answer the first question. 1395 01:54:23.920 --> 01:54:29.079 That's how a few dollars adds up. But as far as negotiating, 1396 01:54:29.239 --> 01:54:34.079 usually they make settlements. Did they offer any settlement? No, she just 1397 01:54:34.119 --> 01:54:39.399 told me it was I they nine and forty five dollars or something, and 1398 01:54:40.640 --> 01:54:44.920 that's when I hung up and called you. Okay, Now here's what I'm 1399 01:54:44.920 --> 01:54:47.479 going to tell you. They are pretty good at negotiating. You're not going 1400 01:54:47.560 --> 01:54:55.239 to get out without paying, and they have you over a barrel because well, 1401 01:54:55.279 --> 01:54:58.199 first, let me just delay some of your fears. They're not going 1402 01:54:58.279 --> 01:55:01.960 to lie to you about it unless they have the license plate completely wrong. 1403 01:55:02.279 --> 01:55:05.159 But if they had the license plate wrong, they'd have the vehicle wrong. 1404 01:55:05.439 --> 01:55:12.720 If they have the vehicle right and correct with the photos, they'll gladly share 1405 01:55:12.800 --> 01:55:15.520 that with you. I would assume it's correct. Okay, once in a 1406 01:55:15.560 --> 01:55:18.800 while they get it wrong, but really not as much as you think. 1407 01:55:19.439 --> 01:55:24.159 So what year do they say it's from. They can't collect more than six 1408 01:55:24.239 --> 01:55:27.479 years back. How long do they say it is? How far back? 1409 01:55:28.840 --> 01:55:30.800 I didn't ask them that either. I'll probably have to call them back and 1410 01:55:30.880 --> 01:55:34.399 out. Just ask them for it, listen, ask for a history of 1411 01:55:34.479 --> 01:55:40.520 violations, and then negotiate a settlement. I'll bet you you get a settlement. 1412 01:55:40.520 --> 01:55:45.359 I know of one of the vehicles they are saying, I haven't owned 1413 01:55:45.359 --> 01:55:48.960 that vehicle for at least three or four years. Yeah, I'm not okay, 1414 01:55:49.399 --> 01:55:55.159 that's okay. I mean, look, they can't go back. When 1415 01:55:55.199 --> 01:55:59.079 I say they can't go back, their ability to get a judgment is hindered 1416 01:55:59.119 --> 01:56:02.880 after a six years. But if they're reasonable, they if they have a 1417 01:56:02.960 --> 01:56:08.119 list of violations and you know you've driven it or your wife did, I 1418 01:56:08.119 --> 01:56:12.840 mean, you need to settle with them, you really do. You're not 1419 01:56:12.880 --> 01:56:15.920 going to get away with it, no one does. It will cost you 1420 01:56:16.119 --> 01:56:21.600 way more in hassle and time than getting it taken care of. But the 1421 01:56:21.640 --> 01:56:28.760 good news is they usually do negotiate settlements. Now you can ask them if 1422 01:56:28.800 --> 01:56:31.560 you have any question about it. It sounds like you do. Just for 1423 01:56:31.640 --> 01:56:35.840 a list of the violations, they'll send it to you. They'll email it 1424 01:56:35.840 --> 01:56:42.000 to you. Did they have you never been ever been hounded by them ever? 1425 01:56:42.159 --> 01:56:45.319 For tolls? Oh? They send me one, Like I said, 1426 01:56:45.359 --> 01:56:48.439 I had, I know she did it once. I mean years ago or 1427 01:56:48.640 --> 01:56:53.840 over the years. Have you gotten notices? Oh? Yeah, they keep 1428 01:56:53.880 --> 01:56:58.800 sending them. But I listened to you and you said something about don't worry 1429 01:56:58.800 --> 01:57:01.720 about they can't really collect it. I've never said that, never ever, 1430 01:57:02.119 --> 01:57:06.680 ever, ever, ever, ever, ever ever ever said that about tolls. 1431 01:57:06.880 --> 01:57:12.000 Ever. I've said that about red light tickets, and I've said that 1432 01:57:12.159 --> 01:57:17.079 about other kinds of photo tickets. What I said was they are accusations at 1433 01:57:17.199 --> 01:57:21.840 best that in order to prosecute them, they have to take you to court, 1434 01:57:23.359 --> 01:57:28.760 and they have to they have to serve you. Now, since i've 1435 01:57:28.800 --> 01:57:32.600 said that, many municipalities have changed the law so they only have to send 1436 01:57:32.640 --> 01:57:36.960 you a written notice, a registered mail or something, and then you have 1437 01:57:38.000 --> 01:57:40.960 to go to court. And I've said, if you get a court notice 1438 01:57:40.960 --> 01:57:44.199 for a red light ticket, don't ignore it. You'll you know. But 1439 01:57:44.199 --> 01:57:49.680 but I said they are collection notices, which is true. Toll violations are 1440 01:57:49.960 --> 01:57:57.560 way more than that. Toll violations are actual tickets for something. They're not 1441 01:57:57.800 --> 01:58:02.319 a collection notice, they're a citation. So that's way different. So I'm 1442 01:58:02.359 --> 01:58:08.760 sorry you misunderstood what I was talking about. The toll violations are not red 1443 01:58:08.800 --> 01:58:13.039 light tickets, they're not traffic light tickets. And some track like tickets, 1444 01:58:13.640 --> 01:58:17.640 they're triggered. They used to be triggered by faulty means, for example, 1445 01:58:17.680 --> 01:58:20.960 if you went a little far over the line but you didn't run the light, 1446 01:58:21.520 --> 01:58:30.800 and those the municipalities would very seldom prosecute those photo radar tickets. Mainly 1447 01:58:30.840 --> 01:58:33.479 what they do is and that's for speed and for red lights and all of 1448 01:58:33.479 --> 01:58:36.720 that. Mainly, what they used to do is just send you a notice 1449 01:58:36.760 --> 01:58:42.560 and hope you sent in the payment. Again, I had enough to wallpaper 1450 01:58:42.600 --> 01:58:47.079 a bathroom, and not one of them was prosecuted. One time, Denver 1451 01:58:47.119 --> 01:58:51.479 police served me with one, so I paid it. They served me with 1452 01:58:51.520 --> 01:58:58.640 a court appearance one time out of many tickets. So I would call them 1453 01:58:58.760 --> 01:59:02.560 and absolutely try I to uh try to negotiate a settlement if you can, 1454 01:59:03.000 --> 01:59:09.600 and there that they'll be happy to send you lists of violations. Three oh 1455 01:59:09.720 --> 01:59:15.039 three seven one three talks seven one three eight two five five. I'm sorry, 1456 01:59:15.039 --> 01:59:19.520 Now, hold on, that was Will, wasn't it? Or was 1457 01:59:19.560 --> 01:59:25.279 that Mitch? Mitch's new Mitch's new on this? Okay, go ahead, 1458 01:59:25.279 --> 01:59:30.159 Mitch? What is your what is your comment or question on this? I 1459 01:59:30.239 --> 01:59:34.079 have a really similar situation to what Will was saying. I have a little 1460 01:59:34.119 --> 01:59:38.319 more information, I guess on. Oh good, Uh, all right, 1461 01:59:38.359 --> 01:59:43.800 go ahead. I know what they're trying to I have a well, long 1462 01:59:43.880 --> 01:59:47.119 story short, I have polls that make sense that the they show the charges 1463 01:59:47.159 --> 01:59:50.960 for the like explate and all that, but then there's like an additional four 1464 01:59:51.039 --> 01:59:56.439 hundred dollars of late fees or civil penalties are what they call. That's right, 1465 01:59:56.520 --> 02:00:01.359 yeah, yeah, yeah yeah. And but they've sent that statement to 1466 02:00:02.039 --> 02:00:08.680 an old address on the title of my vehicle. Well that's your fact. 1467 02:00:10.039 --> 02:00:13.000 Well, so I went through a record search through Colorado DMB, which is 1468 02:00:13.039 --> 02:00:15.640 what they told me I need to do. Right, it shows that my 1469 02:00:15.640 --> 02:00:18.880 mailing, my mailing address, and the restart address are correct. Oh oh, 1470 02:00:18.920 --> 02:00:23.560 hold on, how did they get the old address? Well, it 1471 02:00:23.600 --> 02:00:26.600 was originally titled to that address, but I haven't lived there for like three 1472 02:00:26.680 --> 02:00:30.880 years. So I'm just curious on like the notification that they're should be giving. 1473 02:00:31.640 --> 02:00:34.960 So so what I try to do is they they will in that if 1474 02:00:34.960 --> 02:00:40.800 they made a mistake, they will waive the fees. So how do I 1475 02:00:41.159 --> 02:00:44.600 How do I prove though that they didn't update their address other than that I'd 1476 02:00:44.640 --> 02:00:47.319 saying it's not Well, here's here's how you do that. Here's how you 1477 02:00:47.359 --> 02:00:54.800 do it. You have the date you moved, and you have the date 1478 02:00:54.880 --> 02:01:00.399 of violations. If the violations pre date when you moved, then the violations 1479 02:01:00.479 --> 02:01:04.840 stand. If the violations were sent to the old address after you moved and 1480 02:01:04.960 --> 02:01:11.199 changed your address, the violation will still stand, but the penalties won't. 1481 02:01:13.680 --> 02:01:15.640 Right. Yeah, I mean I agree with you. I just don't know 1482 02:01:15.680 --> 02:01:18.600 how to get that agreement out of them, because they're saying I have to 1483 02:01:18.600 --> 02:01:23.239 go back and prove that they you know, they were sending it to the 1484 02:01:23.279 --> 02:01:27.520 wrong address, which seems like, well, hold on, how do you 1485 02:01:27.560 --> 02:01:29.600 know they were? Well, then I'm going to ask you, how do 1486 02:01:29.640 --> 02:01:33.119 you know they sent it to the old address. Well, the only reason 1487 02:01:33.159 --> 02:01:36.680 I knew there was a hold at all on my account was I went to 1488 02:01:36.720 --> 02:01:43.439 register the vehicle, and so then I called them and they said, oh, 1489 02:01:43.479 --> 02:01:45.560 this is registered to an old address, or this is the address we 1490 02:01:45.600 --> 02:01:47.640 have on file, and I said, well, I haven't lived there, 1491 02:01:48.399 --> 02:01:53.319 and so that's when I had to go through the car the address they had 1492 02:01:53.399 --> 02:01:58.000 on file. Yeah, that's just they told you that, but when you 1493 02:01:58.039 --> 02:02:04.039 went online you saw that it was that address. The kind of separate entities 1494 02:02:04.079 --> 02:02:09.920 though, so E four seventy has their address on file versus what Cardo DMB 1495 02:02:10.079 --> 02:02:13.479 shows. Well, that's what I'm getting asked, So, which one had 1496 02:02:13.520 --> 02:02:20.279 the old address on file the four seventy and they admit that. Yeah, 1497 02:02:20.319 --> 02:02:24.880 they said that's the address we have, and they said they'd get that from 1498 02:02:24.920 --> 02:02:29.359 the DMV. But apparently they just haven't either updated the records or well, 1499 02:02:29.399 --> 02:02:32.680 they didn't uptake their records. But my question is not if they updated the 1500 02:02:32.760 --> 02:02:40.039 records. My question is what address was on file when the tolls were incurred? 1501 02:02:41.319 --> 02:02:45.039 Oh? I see, yeah, so the address on file, some 1502 02:02:45.079 --> 02:02:48.319 of the tolls would be to the old address, but most of them would 1503 02:02:48.359 --> 02:02:55.560 be in our new address. Okay. What they're going to argue, first 1504 02:02:55.600 --> 02:02:58.479 of all, is that you owe the money no matter what which you do. 1505 02:02:59.119 --> 02:03:01.680 Okay, it's not your address that makes you owe the money or not. 1506 02:03:02.239 --> 02:03:06.279 However, if you could, if you could show you did not ignore 1507 02:03:06.319 --> 02:03:11.479 it in an egregious way and it was never sent to you and had you 1508 02:03:11.560 --> 02:03:14.039 seen it, you would have paid it. Well, then they're going to 1509 02:03:14.079 --> 02:03:15.640 say, well, isn't that funny you didn't pay it when we were sending 1510 02:03:15.680 --> 02:03:21.119 it to the correct address. So I think what you need to do is 1511 02:03:21.279 --> 02:03:27.479 just talk to them, and usually they'll settle on those penalties, those civil 1512 02:03:27.520 --> 02:03:33.439 penalties. Were they willing to settle on the civil penalties? No, the 1513 02:03:33.960 --> 02:03:39.079 Yeah, the late sees and civil penalties, they wouldn't wave those without They 1514 02:03:39.079 --> 02:03:42.920 wouldn't wave them at all, not even part of them. Yeah. The 1515 02:03:43.399 --> 02:03:45.199 process they have set up is you can't really talk to anybody. You kind 1516 02:03:45.199 --> 02:03:49.399 of have to email a America dress. So I don't know who really is 1517 02:03:49.439 --> 02:03:56.439 any right charge. But my assessment was just that they were unwilling to listen. 1518 02:03:56.439 --> 02:03:58.760 I mean, I said, I'll pay the tolls. I just could 1519 02:03:58.760 --> 02:04:02.199 you wagh the fees? It doesn't make any time, you know, Okay, 1520 02:04:02.479 --> 02:04:08.600 Again, normally, if they show a wrong address and that you were 1521 02:04:08.640 --> 02:04:13.239 not being notified, they will waive the fees. There must be that that 1522 02:04:13.439 --> 02:04:18.119 not the not the tolls, but the penalties. There must be something that 1523 02:04:18.159 --> 02:04:23.840 they have to show that at least some of those notices went to the right 1524 02:04:23.880 --> 02:04:27.960 address. There might I mean, I I don't know, I mean maybe 1525 02:04:28.000 --> 02:04:32.159 not, but you could ultimately, I mean, you know, you you 1526 02:04:32.359 --> 02:04:35.119 got to appeal this in a court. I mean, I don't know how 1527 02:04:35.119 --> 02:04:40.479 to get around it. They have not tried to collect other than holding up 1528 02:04:40.520 --> 02:04:45.720 your registration is that right, right, which just happened. So this is 1529 02:04:45.800 --> 02:04:49.600 like maybe three years of three or four years of how much is the total 1530 02:04:49.600 --> 02:04:58.319 build? The total builds like nine hundred and ninety dollars or something, so 1531 02:04:58.439 --> 02:05:03.600 how much of that is penalty? Four hundred and sixty dollars? Holy crap, 1532 02:05:03.960 --> 02:05:13.680 So it like doubles. Yeah, wow, I and every email you 1533 02:05:13.800 --> 02:05:19.239 said you they totally said we are not waiving it. Yeah. That the 1534 02:05:19.680 --> 02:05:26.479 email is just the way that you can submit documentation. So I had responded 1535 02:05:26.520 --> 02:05:31.760 with all that information about wrong address, and they asked, did I get 1536 02:05:31.800 --> 02:05:35.199 some additional documentation? Which I did. I got the DMV record right, 1537 02:05:35.239 --> 02:05:39.760 It shows three addresses. One is the title address, one is the registered 1538 02:05:39.760 --> 02:05:44.079 address, one is the mailing address. So the mailing address and my registered 1539 02:05:44.079 --> 02:05:48.880 address show the correct address. The wrong address that they have is the title 1540 02:05:49.039 --> 02:05:54.039 the original address that I had. So they just neither have an updated their 1541 02:05:54.079 --> 02:05:57.800 record from you know, four years ago or something to make sure that it 1542 02:05:57.840 --> 02:06:02.880 was going the right place. Yeah. See, that's really complicated. Man. 1543 02:06:03.039 --> 02:06:09.760 I'm wondering if anyone else ran again ran up against this. No matter 1544 02:06:09.760 --> 02:06:13.840 what, you're going to owe the penalties you could send in that you could 1545 02:06:13.880 --> 02:06:17.039 send in the penalties. It's not gonna excuse me, send in the tolls 1546 02:06:17.079 --> 02:06:20.560 and say, look, you were sending these notices to the wrong address. 1547 02:06:21.039 --> 02:06:26.279 But I'm not, by the way, the fact that they were sending it 1548 02:06:26.319 --> 02:06:30.439 to the wrong address. I don't know. I mean, I think you 1549 02:06:30.520 --> 02:06:33.079 have a good argument if you can show. But they're saying, prove we 1550 02:06:33.079 --> 02:06:36.159 were sending it to the old address. Isn't that what they're saying, right? 1551 02:06:36.800 --> 02:06:40.680 Yeah, which is like, how do I do that? I don't 1552 02:06:40.720 --> 02:06:45.039 know. I don't know. I mean, I really don't. Did you 1553 02:06:45.119 --> 02:06:50.079 ever ever contacted anyone at your old address? You know? I was, 1554 02:06:53.199 --> 02:06:58.760 it was the we forwarded the mail from it. And you may have to 1555 02:06:58.760 --> 02:07:00.560 give up the ghosts man will I don't know what to tell you, bro. 1556 02:07:00.800 --> 02:07:04.560 I never I've never heard of them not willing to negotiate. Again. 1557 02:07:05.000 --> 02:07:10.960 This is the second time I'm hearing it today. But usually they just want 1558 02:07:11.000 --> 02:07:13.880 to hear from you, and they want to they want you to pay. 1559 02:07:13.920 --> 02:07:18.119 But they must, they must feel they sent them enough to your old address 1560 02:07:18.159 --> 02:07:23.119 when you were there and when you moved, like like you'd have to say, 1561 02:07:23.239 --> 02:07:28.319 like you said, about half the penalties were sent to the wrong address. 1562 02:07:28.399 --> 02:07:30.680 And half were sent to the right address. So their question is going 1563 02:07:30.720 --> 02:07:34.760 to be you didn't pay them when we sent it to the right address. 1564 02:07:38.079 --> 02:07:42.199 Or are you saying every one of them willing to settle? Yeah, I 1565 02:07:42.239 --> 02:07:45.640 mean, I guess the sieves or I mean, I didn't do that careful 1566 02:07:45.680 --> 02:07:50.920 of an accounting of what toll they right? See again, But it would 1567 02:07:50.960 --> 02:07:57.439 seem that even if they said okay, well we'll we'll have waived the fees 1568 02:07:57.520 --> 02:08:01.119 from you know, the years after you moved something that right wouldst reasonable. 1569 02:08:01.199 --> 02:08:07.640 But they're not doing that at all. That's because your pattern probably showed that 1570 02:08:07.720 --> 02:08:11.560 you weren't paying. Maybe that's what it is. I don't know what to 1571 02:08:11.600 --> 02:08:13.720 say. I mean, because they're gonna say, well, you're just looking 1572 02:08:13.760 --> 02:08:18.159 for a technicality now because you never paid them before when we were sending him 1573 02:08:18.199 --> 02:08:22.520 to where you did live and then when you moved, well, you know, 1574 02:08:22.640 --> 02:08:24.880 I mean, I think that's what's gonna happen. Or they're just gonna 1575 02:08:24.880 --> 02:08:28.960 wear you out because they don't care. They literally are the administrative state. 1576 02:08:30.279 --> 02:08:33.000 I mean, guys, I'm not telling you I'm in favor of this, 1577 02:08:33.279 --> 02:08:37.119 but you got to admit you did ignore them. But I will say this. 1578 02:08:37.880 --> 02:08:41.439 When you're up against an administrative state, it's you who has to spend 1579 02:08:41.479 --> 02:08:48.880 the money, and the money often doesn't equal the justice you want. Now, 1580 02:08:48.960 --> 02:08:50.840 I got to take a break, Mike, if you want to stay 1581 02:08:50.880 --> 02:08:52.239 on the line. You have a comment on this. Maybe I don't know 1582 02:08:52.279 --> 02:08:56.079 if it's for or against Mitch or whatever, but hang on. We'll come 1583 02:08:56.079 --> 02:09:01.119 to you right after this. All right. If you are looking for a 1584 02:09:01.159 --> 02:09:09.159 safe, conservative investment, overfunding life insurance is a proven strategy. You buy 1585 02:09:09.239 --> 02:09:13.399 life insurance. 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They have visualizing software and apps that can help you see what 1594 02:10:00.279 --> 02:10:03.800 it will look like, and they're happy to go over each and every item 1595 02:10:03.960 --> 02:10:09.479 and price to make sure that you are fully informed about your bathroom. They 1596 02:10:09.479 --> 02:10:13.279 even provide the tearing out, the demolition, and the hall away free of 1597 02:10:13.399 --> 02:10:20.920 charge when you contract with them. Discountbath dot Com seven two zero nine seven 1598 02:10:22.079 --> 02:10:26.279 nine two three two two. Your bathrooms enhance the value of your home, 1599 02:10:26.359 --> 02:10:31.319 and now with Discount bath you can get the same beautiful bathrooms that other people 1600 02:10:31.399 --> 02:10:37.520 do at discounts seven two zero nine seven nine two three two two Discount bath 1601 02:10:37.600 --> 02:10:41.479 dot Com. Hi Tom Marks, you know here, Mike. What is 1602 02:10:41.520 --> 02:10:45.399 your comment on tolls? Man? Did this hit a nerve? What is 1603 02:10:45.439 --> 02:10:50.079 your comment? Well, it's just a question. I amn't having the toll 1604 02:10:50.159 --> 02:10:54.319 road traffic violations, but I'm just wondering if you do have any on pape 1605 02:10:54.359 --> 02:10:56.800 is in this state, I guess it would be. There's a right to 1606 02:10:58.199 --> 02:11:03.279 not renew your driver's license or issue new tags. Well, yeah, but 1607 02:11:03.479 --> 02:11:09.279 that's what the legislature has given them. That's why they that's why they're hearing 1608 02:11:09.279 --> 02:11:13.720 from them all the time. Because of that, they have to have statutory 1609 02:11:13.760 --> 02:11:18.239 authority. They cannot do that as a regulatory body. It has to be 1610 02:11:18.319 --> 02:11:24.319 built into their to their authority. Okay, yeah, that's the only question 1611 02:11:24.399 --> 02:11:28.920 I had. Then. In fact, remember don't you remember there were there 1612 02:11:28.920 --> 02:11:35.640 were also laws deadbeat. They they passed for deadbeat child support and all of 1613 02:11:35.680 --> 02:11:39.640 that. The same thing for licenses, and uh, they the state legislature 1614 02:11:39.880 --> 02:11:46.720 often does that. They tie the privilege to the responsibility and they say, 1615 02:11:46.880 --> 02:11:50.439 now you don't have this privilege anymore. And yeah, they do it. 1616 02:11:50.680 --> 02:11:52.880 And in fact, I think, uh, didn't they even extend that to 1617 02:11:54.000 --> 02:11:58.119 parking tickets and stuff. It is it is a way to It is a 1618 02:11:58.119 --> 02:12:01.239 way to bring you to your knees basically, man. And I'm telling you 1619 02:12:01.279 --> 02:12:07.399 on this toll thing, it's just so easy to do it. To get 1620 02:12:07.439 --> 02:12:13.279 an account with these people. I have an account where it recharges like a 1621 02:12:13.640 --> 02:12:16.600 like a Starbucks. You know, you don't pay as you go, but 1622 02:12:16.640 --> 02:12:18.600 you you like, you put a lump sum there and then it pays down 1623 02:12:18.920 --> 02:12:22.760 and then when you get below a certain amount of recharges. I do you 1624 02:12:24.439 --> 02:12:26.000 do you have that? Frank Duran? Do you do you drive a lot? 1625 02:12:26.039 --> 02:12:28.119 To you? Yeah? Do you have the prepaid account? Right? 1626 02:12:30.159 --> 02:12:33.680 And then it's cheaper. Yeah, okay. Now on agency, a guy 1627 02:12:33.800 --> 02:12:41.199 called Earlier and said the real estate agent was giving her advice, was giving 1628 02:12:41.239 --> 02:12:43.760 her advice on what she thought, Oh, don't worry about the improvements, 1629 02:12:43.800 --> 02:12:46.880 about the basement, about this, they all look good. I would just 1630 02:12:46.960 --> 02:12:50.239 sign it. And then he was signing it, and then he felt really 1631 02:12:52.239 --> 02:12:56.199 mad about it because they were all done wrong. Now, obviously there's all 1632 02:12:56.279 --> 02:13:00.439 kinds of things this guy could have done with a home inspector, and and 1633 02:13:00.920 --> 02:13:03.680 and then you have to look on the disclosure sheet. But I'm wondering, 1634 02:13:05.479 --> 02:13:11.920 is a real estate agent is she doing something wrong by rendering that opinion? 1635 02:13:11.920 --> 02:13:13.399 Do you think, Frank? Well, you know, Tom. Under brokerage 1636 02:13:13.439 --> 02:13:16.399 duties on both the listing side and the buy side, it says this. 1637 02:13:16.479 --> 02:13:22.239 It says advising buyer regarding the transaction and advising buyer to obtain expert advice as 1638 02:13:22.279 --> 02:13:28.000 to material matters about which broker knows, but the specifics which are beyond the 1639 02:13:28.039 --> 02:13:31.239 expertise of the broker. So in other words, you're not allowed to give 1640 02:13:31.279 --> 02:13:35.720 advice beyond your own expertise. Absolutely well, how would you interpret that then? 1641 02:13:35.760 --> 02:13:39.279 If she was if she was saying, hey, don't worry about it, 1642 02:13:39.279 --> 02:13:41.319 and she said, well what about this? And what about that? 1643 02:13:41.000 --> 02:13:46.359 That broker should have said, if you have any questions, hire a contractor. 1644 02:13:46.439 --> 02:13:48.880 Right. Yeah, Tom, in my opinion, that was very careless. 1645 02:13:48.199 --> 02:13:52.880 I think you need to really point them in the right direction because as 1646 02:13:52.880 --> 02:13:56.840 could they go after you think a real estate broker or a real estate agent's 1647 02:13:56.880 --> 02:14:01.039 license. I'm not licensed, but the insurance for that potentially, Yeah, 1648 02:14:01.079 --> 02:14:03.439 I think I think potentially they would. They potentially have a case. Tom. 1649 02:14:03.479 --> 02:14:07.880 I mean that's if you look at what that really says. We're supposed 1650 02:14:07.920 --> 02:14:09.399 to get him in the right direction. Like if a real estate person, 1651 02:14:09.560 --> 02:14:13.159 once in a while we get complaints about this, Frank, a real estate 1652 02:14:13.199 --> 02:14:16.920 person will say, oh, this house is really good, you don't need 1653 02:14:16.960 --> 02:14:20.520 an inspector. Now there are people that say stupid things like that. I 1654 02:14:20.000 --> 02:14:24.359 don't think i'd get an inspector if I were you, and I've heard of 1655 02:14:24.399 --> 02:14:28.239 that we've had complaints about that. That would be totally out of bounds. 1656 02:14:28.319 --> 02:14:30.800 Oh yeah, In my opinion, that's also very careless, Tom. I 1657 02:14:30.840 --> 02:14:33.000 honestly I would never have a buyer ever. I would never recommend and if 1658 02:14:33.000 --> 02:14:35.760 they insisted, Nope, Nope, I don't want an inspection, I would 1659 02:14:35.760 --> 02:14:39.680 put in writing, Look, we'll do what you ask, But in our 1660 02:14:39.680 --> 02:14:43.119 professional opinion, we strongly this now what now on on another thing then, 1661 02:14:43.680 --> 02:14:48.239 because that's good for them to know if that agent truly did pressure them, 1662 02:14:48.520 --> 02:14:52.000 she could be held accountable. Now, on the other thing, have you 1663 02:14:52.159 --> 02:14:56.439 ever had a transaction where a seller did not want to do a disclosure statement 1664 02:14:56.479 --> 02:15:00.119 because they're not required. Now, if you do want, it's got to 1665 02:15:00.199 --> 02:15:03.560 be approved and it's got to be honest. But have you had ones that 1666 02:15:03.640 --> 02:15:07.279 were not where they said we were not doing one, or where you were 1667 02:15:07.319 --> 02:15:13.279 a buyer's broker and the seller would not provide a disclosure statement? You know, 1668 02:15:13.439 --> 02:15:16.720 Tom, I've had one and maybe the last ten years or that happened. 1669 02:15:16.720 --> 02:15:20.920 A gentlemen just absolutely refuse And I explained him, you understand, you 1670 02:15:20.000 --> 02:15:24.119 still have a verse material fact. You have to disclose by loss. So 1671 02:15:24.159 --> 02:15:26.520 even if you technically even if you don't do it, Yeah, even if 1672 02:15:26.520 --> 02:15:28.840 you don't do it, you still got to disclose at verse material fact. 1673 02:15:28.880 --> 02:15:31.319 Yeah, but it would be harder to prove you lied. Yeah, right. 1674 02:15:31.640 --> 02:15:35.000 And his philosophy is, yeah, I just I don't like the form. 1675 02:15:35.359 --> 02:15:39.720 He didn't like the form, So technically, what would you I would 1676 02:15:39.760 --> 02:15:43.520 advise, See, I would advise my buyer not to buy if if you 1677 02:15:43.560 --> 02:15:46.159 didn't have a disclosure share well with a lot of sellers got to realize too, 1678 02:15:46.159 --> 02:15:50.720 on that same seller's property disclosure that actually could work in the seller's favor 1679 02:15:50.720 --> 02:15:52.359 because there's a spot where the yeah, they say, well, yeah, 1680 02:15:52.960 --> 02:15:56.239 we we told you about it. Yeah, and it says buyer advisory as 1681 02:15:56.279 --> 02:15:58.479 well, you know, check it out for termites and this and that, 1682 02:15:58.560 --> 02:16:01.760 and there's a list of things. One time, years ago, I moved 1683 02:16:01.760 --> 02:16:07.800 an air conditioner. I had a contractor move in air conditioner because it was 1684 02:16:09.079 --> 02:16:13.279 uh, well I forget what it was, oh, because it was outside 1685 02:16:13.319 --> 02:16:16.159 the bedroom window or something making noise and we moved it. It didn't do 1686 02:16:16.239 --> 02:16:20.119 anything to anybody anywhere. We just moved it. They had to extend the 1687 02:16:20.159 --> 02:16:22.840 lines and all that, and I didn't get a permit for it, okay, 1688 02:16:24.359 --> 02:16:26.479 because when I went to get a permit, these were such pains in 1689 02:16:26.520 --> 02:16:31.439 the ass. They wanted to get well, how far is it from the 1690 02:16:31.560 --> 02:16:35.719 property line and blah blah blah, and I'm always doing is moving it down 1691 02:16:35.760 --> 02:16:37.440 the wall. And to be honest with Frank, I said the hell with 1692 02:16:37.520 --> 02:16:41.399 it, let's just do it. And I did it, so then I'm 1693 02:16:41.440 --> 02:16:45.000 going to sell and they asked, have you ever had any home improvements done 1694 02:16:45.479 --> 02:16:48.360 without a permit? And I thought, well, that's not a home improvement. 1695 02:16:48.840 --> 02:16:54.479 But at the time, my real estate person says, you should tell 1696 02:16:54.520 --> 02:16:56.280 them anyway, So I did. I said, I moved that air conditioner 1697 02:16:56.559 --> 02:17:01.680 without a building permit so they could have an inspectorcy if it was done correctly. 1698 02:17:01.959 --> 02:17:07.840 Having to permit or not is not illegal, it's just lying about it, 1699 02:17:07.920 --> 02:17:11.799 right, So then no buyer could say that I did it without telling 1700 02:17:11.840 --> 02:17:16.239 them, right ye. So but that's important. Now we have comments on 1701 02:17:16.280 --> 02:17:20.799 the four to seventy tolls plus an issue with windows. Chris, I hope 1702 02:17:20.840 --> 02:17:26.559 you hold on. We got to take this break. Euro Plumbing Colorado dot 1703 02:17:26.600 --> 02:17:31.319 net. That name is synonymous with crazy savings. I don't just say savings. 1704 02:17:31.559 --> 02:17:37.559 I say crazy savings because they're doing water heaters cheaper than anyone. And 1705 02:17:37.600 --> 02:17:39.680 I say cheaper because it's cheaper. Now I'm not saying less quality. They're 1706 02:17:39.719 --> 02:17:45.120 good water heaters. They're are Rio R. R. Smith and Reim. 1707 02:17:45.360 --> 02:17:50.000 And listen to this. They have six year warranties and then euro Plumbing Colorado 1708 02:17:50.040 --> 02:17:56.600 guarantees their installation thirteen ninety nine for a forty gallon tank, fourteen nine nine 1709 02:17:56.639 --> 02:18:00.399 for a fifty gallon tank, and any size you want, They'll be any 1710 02:18:00.520 --> 02:18:05.559 price. It's that simple. Europlumbing Colorado dot net three three sixty six eight 1711 02:18:07.000 --> 02:18:16.159 six eight four four. Tom Martino here with Frank Duran, the real estateman 1712 02:18:16.319 --> 02:18:20.440 dot com. No, now, Chris, what is your comment on E 1713 02:18:20.520 --> 02:18:26.840 four seventy tolls? Chris, Yes, sir. A few years ago I 1714 02:18:28.200 --> 02:18:33.239 had an old classic car. Yeah, and I ended up selling it about 1715 02:18:33.239 --> 02:18:39.239 two years ago. And uh, about a year later, I got two 1716 02:18:41.000 --> 02:18:46.680 notices about a month apart, uh saying that my my car and my license 1717 02:18:46.719 --> 02:18:52.879 plates were on the four seventy toll And so I talked to the four seventy 1718 02:18:52.920 --> 02:18:54.000 folks and they said, well, you need to clear it up with the 1719 02:18:54.120 --> 02:18:58.559 d m V people. And so when I went to the DMV, they 1720 02:18:58.559 --> 02:19:03.000 said, well, your license plates must be on that car, that's right, 1721 02:19:03.840 --> 02:19:07.719 but if you could show I want to tell you this, if you 1722 02:19:07.799 --> 02:19:16.559 could show that you you transferred title, they won't hold you responsible for that, 1723 02:19:18.120 --> 02:19:22.040 right. What ended up happening. I collect license plates, antique license 1724 02:19:22.040 --> 02:19:26.840 plates as well, and so I started thinking about it and it's like, 1725 02:19:26.879 --> 02:19:30.120 well, somewhere here in the garage, I must have my license plates, 1726 02:19:30.440 --> 02:19:33.360 because I don't you know, I learned from you years ago not to leave. 1727 02:19:33.520 --> 02:19:37.040 No, no, I don't leave the license R you sell it, 1728 02:19:37.879 --> 02:19:41.399 that's right. And so I started digging through the garage, digging through the 1729 02:19:41.479 --> 02:19:45.920 garage, and sure enough I found my license plates. So I went back 1730 02:19:45.959 --> 02:19:48.120 to the DMV and I said, here, here's my license plates, both 1731 02:19:48.159 --> 02:19:52.879 the front and back with the tags. And sure enough they you know, 1732 02:19:52.959 --> 02:19:58.799 after that, I uh, wait, wait a minute, So how did 1733 02:19:58.840 --> 02:20:05.360 they get that on camera then to charge you if you had them? I 1734 02:20:05.479 --> 02:20:07.719 have no idea. I have no idea how they did that in that car. 1735 02:20:09.440 --> 02:20:13.280 Wait a minute, so did they did they end up? Did they 1736 02:20:13.360 --> 02:20:18.079 end up taking the penalties off or the tolls? Yes, yes, they 1737 02:20:18.079 --> 02:20:22.440 took They took everything off once I showed my license plates to the DMB. 1738 02:20:24.000 --> 02:20:28.440 Now that's weird, that is totally weird. You're telling me that you had 1739 02:20:28.520 --> 02:20:33.879 license of tolls on that license plate, but you had both plates in your 1740 02:20:33.879 --> 02:20:39.879 garage. Yes, uh, that sounds I have Chris, I don't know 1741 02:20:39.879 --> 02:20:43.600 how that would happen. I mean, was it a phantom plate? They 1742 02:20:43.639 --> 02:20:46.680 took a picture of for goodness sakes, I mean, how the hell did 1743 02:20:46.719 --> 02:20:50.000 they get how? And it would have been different if it showed up on 1744 02:20:50.079 --> 02:20:54.600 a different car. But that plate to show up on that car and then 1745 02:20:54.680 --> 02:20:58.959 you had the plate in your garage? Are you sure it wasn't when you 1746 02:20:58.000 --> 02:21:03.479 owned it? No? No, that car had never been on the toll. 1747 02:21:03.559 --> 02:21:05.600 Like I said, it was a classic, and I just until you 1748 02:21:05.639 --> 02:21:07.879 sold it, you know I would. But but but when they sent you 1749 02:21:07.959 --> 02:21:13.319 the picture of the toll violation with the plate, did they have a photo 1750 02:21:13.360 --> 02:21:16.479 of the of it with your car in it? No? No, no 1751 02:21:16.920 --> 02:21:20.760 there was. Oh I would have asked for the I would have asked for 1752 02:21:20.799 --> 02:21:24.319 the for the photo. Yes, I should have. But no, yeah, 1753 02:21:24.319 --> 02:21:28.440 because I'll bet you well even if it was a different car. I 1754 02:21:28.520 --> 02:21:33.159 just I think they might have read the digits wrong on another car. That 1755 02:21:33.280 --> 02:21:37.280 very seldom happens. But anyway, thank you. Listen, Joe, you're 1756 02:21:37.360 --> 02:21:41.959 calling about windows. Are these the the Marvin windows, the Infinity windows? 1757 02:21:43.440 --> 02:21:48.079 Yes they are, yes, And you said in less than a week you 1758 02:21:48.200 --> 02:21:52.840 noticed air leakage, and neck Gen says the windows were installed properly, right, 1759 02:21:54.200 --> 02:21:58.399 Yeah, that's what they're saying. And now where do we stand today? 1760 02:21:58.520 --> 02:22:03.239 I think I gave you some suggestions to get an expert out there, 1761 02:22:03.280 --> 02:22:07.239 did you, Yes, I tried. You recommended K and H. So 1762 02:22:07.319 --> 02:22:11.600 I went ahead and called them, but they refused to come out because they 1763 02:22:11.639 --> 02:22:15.959 said it's not their windows and they don't want to touch them. That. 1764 02:22:16.280 --> 02:22:20.440 Uh and well I get it. Yeah, yeah, exactly. Sometimes listen, 1765 02:22:20.840 --> 02:22:26.079 sometimes that's what you get. In other words, they won't they want 1766 02:22:26.159 --> 02:22:31.520 that. Sometimes they do comment though on installations for us as an expert we 1767 02:22:31.959 --> 02:22:33.799 have so so is that what you're calling to tell me that you need an 1768 02:22:33.799 --> 02:22:37.639 expert to look at them? Well, yeah, that's what I've been trying 1769 02:22:37.639 --> 02:22:41.239 to do. And because I've called previously the last year or so a couple 1770 02:22:41.280 --> 02:22:45.520 of other companies, and it's the same thing. K and H said, 1771 02:22:45.559 --> 02:22:48.600 you know, well, they're not our windows, we won't touch them. 1772 02:22:48.079 --> 02:22:52.920 Dog gon it, dog on it. I want to get what part of 1773 02:22:52.959 --> 02:22:58.079 town are you in? I'm in loved One, Colorado. Oh that's one. 1774 02:22:58.159 --> 02:23:03.639 That's another pain. I'm I'm hoping I can find someone. Joe, 1775 02:23:05.680 --> 02:23:07.920 leave just hold on, leave your number, Hey, Kelly, let's put 1776 02:23:07.920 --> 02:23:11.520 the word out for an expert and then take his number. So we can 1777 02:23:11.559 --> 02:23:16.479 try to if do we have any experts that can get up there to Loveland. 1778 02:23:16.520 --> 02:23:20.799 I can't ask some of our people in Denver to drive up there for 1779 02:23:20.840 --> 02:23:24.879 a free inspection, but maybe we have someone up north. We'd have to 1780 02:23:24.920 --> 02:23:28.680 I have to go look. And meanwhile, if you guys know anything about 1781 02:23:28.680 --> 02:23:31.719 windows up in the Loveland area and want to help us out, but I 1782 02:23:31.760 --> 02:23:35.959 want someone with a lot of experience, because they're saying there's nothing wrong with 1783 02:23:37.000 --> 02:23:39.959 the window and it has to do with the house, and I have no 1784 02:23:41.040 --> 02:23:45.000 idea what I don't even know what that means. So hang on and we'll 1785 02:23:45.399 --> 02:23:48.079 we'll try to get a volunteer. Three O three seven to one three eight 1786 02:23:48.120 --> 02:23:54.120 two five five Grossman Wellness That's where I go Grossmanwellness dot Com. I was 1787 02:23:54.159 --> 02:23:58.200 just telling Frank about it. I get blood work every three weeks, every 1788 02:23:58.239 --> 02:24:03.920 three months. They they supply my supplements, they supply prescriptions. It's a 1789 02:24:03.000 --> 02:24:07.639 concierge service. You can text them at any time. And I think if 1790 02:24:07.680 --> 02:24:13.040 you truly want to take control of your health. Grossmanwellness dot com. Hey, 1791 02:24:13.719 --> 02:24:18.239 I can't say enough about my whole house fan. This is a true 1792 02:24:18.280 --> 02:24:22.079 story. 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It's 1802 02:25:00.760 --> 02:25:03.959 a wonderful thing to have, I say, at a fan. It's a 1803 02:25:03.000 --> 02:25:07.360 whole house fan, remote mounted in the attic. And what it does is 1804 02:25:07.799 --> 02:25:13.000 helps your house stay even temperatured. You can use it in the morning too, 1805 02:25:13.159 --> 02:25:16.319 or in the evening for extra help, or you can just leave your 1806 02:25:16.360 --> 02:25:20.280 air conditioning off all day while you're at work. When you come home and 1807 02:25:20.280 --> 02:25:24.079 it's super hot, you just turn that whole house fan on and it gets 1808 02:25:24.159 --> 02:25:28.079 rid of all that heat within minutes. Your air conditioner works less. So 1809 02:25:28.600 --> 02:25:33.200 however you want to use it qccolorado dot com, They'll put it in and 1810 02:25:33.239 --> 02:25:37.959 get this. It takes a couple of hours and then you have a lifetime 1811 02:25:37.120 --> 02:25:41.799 of comfort. So and it's not it's all remote controlled too, So I 1812 02:25:41.799 --> 02:25:46.000 better, I better rind this up because I have so much to say about 1813 02:25:46.000 --> 02:25:48.719 it. I absolutely love it. Qccolorado dot com three oh three, eight 1814 02:25:48.799 --> 02:25:54.639 hundred thirty four nineteen, eight hundred thirty four nineteen. Genesis Total Exteriors is 1815 02:25:54.639 --> 02:25:58.280 a company that I have known and trusted for twenty five years. Mark Shamansky 1816 02:25:58.360 --> 02:26:01.879 and his team will take care of your house everything on the outside of your 1817 02:26:01.879 --> 02:26:07.719 house, roofing, gutter, soffit's facia, siding, stucco, windows, 1818 02:26:07.760 --> 02:26:11.319 doors, decks, painting, and get this, they do mold inspections, 1819 02:26:11.319 --> 02:26:13.479 so if you have mold, they can look at it, tell you how 1820 02:26:13.520 --> 02:26:16.079 bad or good it is, or how you know what you have to do 1821 02:26:16.120 --> 02:26:20.799 to get rid of it. And they give you honest assessments without fear mongering. 1822 02:26:20.879 --> 02:26:26.040 Genesis Tootalexteriors dot com. I like these people in an industry where it's 1823 02:26:26.079 --> 02:26:31.600 hard to find good people. Home construction. You can find Genesis Tootalexteriors dot 1824 02:26:31.600 --> 02:26:39.600 com. Three oh three six seven nine eight five zero nine. Hey Tom 1825 02:26:39.639 --> 02:26:43.520 Martino, you're a troubleshooter three O three seven one three talk seven one three 1826 02:26:43.520 --> 02:26:46.639 eight two. Well, I don't know. You call three oh three Martino 1827 02:26:46.719 --> 02:26:50.440 because we're almost done and then you can get on the next show. So 1828 02:26:52.159 --> 02:26:54.639 we're talking to Frank durand the real estate man about real estate, and I 1829 02:26:54.680 --> 02:26:58.799 want to get some closing, some closing thoughts here, Frank. Right now 1830 02:26:58.799 --> 02:27:03.239 you're saying houses are brisk, they're moving. Yeah, yeah, they're moving, 1831 02:27:03.280 --> 02:27:05.920 Tom, But I'll tell you there's not in a week. Oh yeah, 1832 02:27:05.639 --> 02:27:09.120 tell you what price. I'm right, because there's more inventory, buyers 1833 02:27:09.120 --> 02:27:11.360 can be more picky now. So there what's the average time on market? 1834 02:27:11.360 --> 02:27:13.680 Now? About? Do you know? Last I checked, I think we're 1835 02:27:13.680 --> 02:27:18.239 a little over thirty thirty two days or so. Okay, Yeah, isn't 1836 02:27:18.239 --> 02:27:20.319 that funny? That's still lightning fast. That's not too bad, Tom, 1837 02:27:20.360 --> 02:27:22.520 because you know, hell, you've been back in two thousand and eight. 1838 02:27:22.559 --> 02:27:26.840 Boy was some of these listings had birthdays on them after a year. You 1839 02:27:26.879 --> 02:27:30.719 know, that's right? Yeah, but it's important not to price too much 1840 02:27:31.120 --> 02:27:33.719 right front or too little right so you don't want you Obviously you're not going 1841 02:27:33.799 --> 02:27:37.120 to raise as you go, but you don't want to have something that's priced 1842 02:27:37.159 --> 02:27:39.680 so high you have to keep hammering again because that hurts you more. In 1843 02:27:39.719 --> 02:27:41.959 the long run, you end up taking a bigger loss, usually over time, 1844 02:27:43.000 --> 02:27:46.360 whereas you get multiple offers. Still, yeah, we still are Fad. 1845 02:27:46.360 --> 02:27:48.600 That's why he was working late last night. Tom. You know what 1846 02:27:48.639 --> 02:27:50.879 I've said. You can't do wrong with Frank Duran the real estate Man dot 1847 02:27:50.920 --> 02:27:56.360 com three h three nineteen zero sixteen twenty two. Thanks for being her, 1848 02:27:56.399 --> 02:28:01.159 Frank, And remember, folks, don't forget REO three Martino and we will 1849 02:28:01.239 --> 02:28:05.360 work you into the show without a way. Three oh three six two seven 1850 02:28:05.399 --> 02:28:05.959 eight four six six for help