Yea off ripped up in need advice, so you don't have you come running.
Just as fast as we can. Shoot's gonna help come Man Dix is
the Troubleshooter Show. No Tom Martino, Hi, Tom Martino here, Welcome
to the show. Three oh three seven one three talk three oh three seven
one three eight two five five Welcome one in all, including my YouTube morons
and uh thank you and my Facebook flunkies. We have people streaming online.
We have a lot of people who also download. So here's the deal.
People who download off and say, you know, I don't get a chance
to participate, but I'm leaving open that voicemail. Uh, and we call
it our voicemail, but it's really comes right through to the show when we're
on the aras three oh three Martino. That number is twenty four to seven.
So if you're listening working out and you want to comment, if you
call that number, we'll get you back on the air, even if you
want to comment on something we've had in the past, So feel free to
call that number at any time. Three zero three six' two seven eight
four six' six. Welcome to the show. We're here to help you
solving problems, answering questions, and taking complaints. Now, listen, we
get an ask full of politics and preaching everywhere else. So what I try
to do is only talk about that stuff as it relates to us and how
to help us through the day. But welcome, Okay, So you can
call about anything you want if you have a problem. Now, one thing
I found very interesting in the news is a fight over the number eight.
Do you know what I'm talking about? Lamar Jackson and Troy Aikman both want
a trademark on the number eight. You know, trademarks are funny things.
What are they? There are marks that identify your business. Let me give
you an IDEA copyright is different than a trademark. Copyright is a work that
you copyright. A story, a slogan can be copyrighted, but it's also
trademarked. A trademark is like the M in the McDonald's. It's the shwush
for Nike. It's an identifiable mark. It's a trade mark. Now,
the number eight could be a trademark for certain businesses. But there is a
problem if you take a common trademark or a common thing and try to make
it a trademark or try to copyright it. You can't make it yours.
They give you a hard time when you go to register a trade mark if
it is something that everyone sees. But if you give it a unique look
and it applies to a specific industry where there is no confusion, then you
can have that industry or that area of trade for your trade mark. If
someone else tries to make a similar trade mark in a similar industry, there's
a problem. But if they try to make it in a different industry and
it's not so similar, it's okay. So you can have two different eights
as two different trademarks. But intellectual property is really really confusing. For example,
with websites, a lot of people have websites and they have a name
of a company. Right, Well, somebody goes out and says, I
know what I'm going to do. I'm gonna go out. I'm going to
get the name. I'm going to get the name of that website. So
they feel like they're beating the system. I'm going to get the name of
the of the website. And when they get the name, they think they
own it, but they don't. You may have gotten the URL, but
if it uses the name in the URL. That person who owns that can
can claim it. That happened to me one time. I was very early
on the web getting URL's or website addresses, but one time something slipped.
But because they owned it, that form, even that form of the name
was mine. Oh Anna has a problem with a lander lord housing issue.
And I believe, I believe we started this. I thought we started this
yesterday. Maybe not. Maybe it's someone Oh no, it's not nine.
It us yesterday. But Anna, go ahead, what is going on with
you? Okay? Well, I live with my son and he's been renting
a home for the past five years and we received a notice that they were
going to not renew the lease and put the property up for seal. So
we found a new property to purchase and made an offer, which was accepted,
and at the last minute, the owner of that property says she can't
move out until August first because she has to have hip surgery. Okay,
So this, this other rental, this other rental was supposed to start when
it's a purchase, it's not a rental. Oh, I'm sorry this okay?
So she you found a home to buy and or he did, and
when were you supposed like did you sign the contract? Yeah, but just
just before he signed a contract for the offer, she sprung this. Then
okay, got it. But here's that. So we can't move been there
until August first. We have to be out of this rental that we're in
now July thirty first, and we've been trying to get well that timing is
perfect. No, we have a month. Well, you said you have
to be out August thirty first, and you're moving in the other one September
first, Is that right? No, we have to be out of the
rental July thirty first, oh two week or so, so we cannot.
We've offered to stay and pay another month's rent here, but we get no
response from the property management company. They just won't return calls or even you
can't they acknowledge. First of all, let me ask you a few things.
The apartment you're in right now, or the house or whatever for the
past five years, the house that you're in for the last five years,
you let them know you were leaving, right Yes, what date did you
give them? Well, I don't know if we gave them a date.
They gave us a date which we had to be out of here. What
date did they give you jot. Okay. So when they gave you that
date, what did you tell them? Nothing. We just didn't say yes,
no, or otherwise. We just descend that was the date we had
to be out, and we would do that. So you never said okay,
I don't think so. My son was the one that was dealing with
them, but I don't think he communicated to them. Yes, well,
he asked them for an additional month and they never responded. Okay, has
anyone? Has anyone? They said they're selling the house? Yes, has
it been listening and put it on the market. We tried to buy it
and they said they wanted to put it on the open market rather than do
the purchase with us. So is it on the market right now? No?
Well, here's what I would do. Okay, you have a lease,
you don't really have an eviction. You don't have an official When was
this a month to month lease or was it up at the end of July
a year? Yeah? So does July the end of July constitutes the end
of that one year lease? Yes, okay, I would think that in
the absence of them not. There are new laws that favor tenants. Here's
what I would do. This is not legal advice, but we can get
some legal advice for you from Brad O'Brien, and I tend to want to
do that. But here's I'm going to just tell you I'm going out on
a limb. Here's what I would do. I would simply say we can't
leave yet, and I would stay and pay the rent. I mean,
I don't see what they can do to you. You're not looking for you
don't care what they tell another landlord. It's not like they can blackball you
with another landlord. You're buying a house. And if you're buying a house,
did you guys sign the contract or did your unsigned contract for the new
house? Yes? He did? Okay, fine, and you take possession
September first, correct. I would just stay there even if they even if
they got upset. Now listen to this, Even if they got upset,
they could not evict you in time you would The eviction would take almost two
months. So I don't see what they can do to you, especially if
you pay the rent. Okay, I mean, I think it's a lot
of worry about nothing. But Anna, that is what I would do.
Let's ask let's see if we can get Brad O'Brien O'Brien Legal Services. He's
a real estate attorney. Let's see if we can get him on to get
his perspective on this, because I think it's worth getting some perspective on it.
Okay, and then see what happens. Three oh three seven to one
to three seven one three eight two five five. So hang on and we'll
try to get him up right now, okay, And uh yeah, I'll
do that. Okay. By the way, we have another call we'll take
right after this. I'm Tom Martino, waterpros dot net the West, best
water systems at the lowest prices anywhere. That's waterpros dot net threezho three eight
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Well, my god, I can't believe I forgot the number already.
It's waterpros dot net. How about that? And then I'll get my crap
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oz three six seven nine eight five zero nine. Hey, if you're looking
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It's that easy. Keel in park law KP dot com nine seven zero
eight one eight eight one nine eight nine seven zero eight one eight eight one
ninety eight. Hi Tom Artino here three three seven one three talk. By
the way, it's I don't know why I had a brain fart with waterproswaterpros
dot net three oh three eight six two five five five four. Every once
in a while that happens. Have you ever like gone to type in a
password or something you've done a million times and all of a sudden, well
maybe not maybe don't call me Joe. And by the way, here's the
deal. We all have them. I don't care who you are. Now
let's go back to the phones. We had someone who U called yesterday and
I wanted to get her back on now Anna's question on the landlord and housing.
As I said, I don't think she has much of a risk for
a month being a holdover. If they pay the rent and say, look,
we'll be out at the end of the month. It's not gonna like
invoke a new one year lease. It's not gonna. I don't think it'll
do any harm. And they don't care about their literally, they don't care
about what the landlord says to them about to another landlord. And they can't
destroy their credit if they're paying the rent. So really, I don't see
what they can do to them now. So we're gonna get Anna back with
our real estate attorney though, to give a legal perspective. Right now,
I want to call talk to Nina, and Nina has an issue with her
mother's estate wants to talk about, and I brought up I'm bringing up Brent
Keel from Keel and Park Law KP dot com as we talked about before.
Brent, if you could listen to this because she got on yesterday and we
didn't get a chance to get the call done. So let's talk about it.
Okay, So what's going on? Let's talk? Are you there?
I need Nina? What's happening? I called yesterday because I'm not sure what
direction I can go there. Passed away in December and she you said,
you said, she's ninety three and she had a questionable will. She had
two wills. The will that I was aware of was because she we had
talked about it many times because my mom was in failing health. Okay,
you said you knew about it. Did you have a copy of it?
Yes, So you had a copy of a signed will. Was it a
copy or was it the original? It was a copy that she had at
her home. She told me where it was, and you know, I
knew where it was. And I was named the administrator of her will.
That's the one you had, yes, Okay, Then talk about the other
will. Well, when my mom passed away, she hadn't been gone for
twelve hours. And I get a call from this attorney and actually it's the
same attorney that wrote the first will. And he said, I'm sorry to
hear of your mom's loss. And where is she going to be, you
know, interred? And he needed a burial, any details, and he
wants a copy of her death certificate. And she hadn't even been gone for
twelve hours. So this is the attorney that represented her in her first will.
Yes, And apparently I said well, and I told him, I
said, well, I'll start getting things ready and he said, oh,
you're not the administrator of her will. And I said, guess i am,
because my mom and I have talked about he goes, No, your
mom changed your will last June, and she's got a new ministrator. And
now hold on, So I want I want Brent to understand this. You
had this will in your possession for how long? Well, it's been at
my mom's house. She told me. Did you personally have a copy of
what we're calling the original will? Yes? And that original will made you
the personal representative? Yes? And what did it say to do with her
estate? It gave directions about who was supposed to receive, what percent of
her estate it made, and it was left to her, what to her
kids, to her relatives, or what it was left to the three kids
and two of her friends, two of her dearest friends. Okay, now
now I'm getting a picture here. You had this will that showed three kids
and two friends get everything and you, And it was a copy of a
will that you and your mom had discussed a long time. How long did
you have that will in your possession? Since twenty nineteen? Okay, so
ninety three year old mom dies, you have a copy of a will since
since twenty nineteen. Then you get a call from the attorney that made up
that will, and he says, by the way, that will had been
changed last June. Yes, and what was different about the new will.
What was different about the will is that one of my mom's best friends was
cut completely out of the will, which I know that was my mom hold.
So the new will, the new will shows that a best friend was
cut out. What about the three kids? The three kids received the portion
of a percentage, but my portion was reduced by thir just yours, and
then her friends was increased by twenty five percent. This questionable. Now,
this friend was this friend on the original will. We'll call this one the
new best friend. Okay, so she was not on the old will.
She was not on the old will. She was on the old will with
the same percentage as my mom's real best Okay, so it's not like it's
not like this woman popped out of nowhere. She was a friend of your
mom's on the old will. Yeah, but the new will shows are reduced
portions except for her, which got more. Yes, the new friend got
twenty five percent more the majority of my mom's estate, and the old friend
got the real friend got cut out. Well, you're calling it the real
friend. We're not going to use terms like that. The two friends in
the previous will, one was dropped and one got extra. Yes, but
you said something queer yesterday. You said the one that got the extra portion
is related to the attorney. That's correct, now, how related? The
attorney has a daughter, and she is the godmother of that daughter. She
doesn't have any children, so she's the godmother of the attorney's daughter, and
her husband has been the best friend of the attorney since the fifth grade.
Well, okay, but that friend that was left on the will was there
before. So really you think it's fishy because what you're calling her real best
friend was dropped and the new best friend got more And you're saying, but
she didn't come out of nowhere, she was a friend for a long time
apparently. Well, the thing is knowing I knew that Nina since twenty nineteen.
That other friend who supposedly knows the attorney. That other friend was on
that will. Yesterday when you called it sounded as if all of the people
were dropped and a new friend shows up and that new friend is related to
the attorney. That would have been totally ridiculously suspicious. But this doesn't sound
as suspicious. Those two friends, one was dropped, one got a bigger
portion on the new will, but they were in the original will. Yeah,
okay, so you didn't question that friend who was related to the attorney.
You didn't question that friend back in twenty nineteen, did you? I
did? I did? Why? Why? Why? And did your mom
say that's the way I wanted? No? She them my mom had.
She knew this friend because of a club that she belonged, But she knew
the friend when you questioned her. Did you say, mom, why did
you include this other friend? Did you ever ask her? I asked her
why? And the reason she gave me is because this friend directed her.
She my mom was looking for an attorney to do a will for and just
spread a right the friends that I have a brother or sister or whatever he
was. I have someone who can do your will. Yeah, okay,
hold on, now, I think I answered. I asked a lot of
questions. We'll come back and get a legal perspective. Is this something that
can be challenged? There's two wills? I don't know. I mean,
let's talk who has the original ones? And is it right that one friend
was dropped that Nina says was the real friend? All of this right after
this, I'm Tom Martino three All three seven one three Talk three All three
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You'll love them. Rpcenter dot com. NYE Tom Martino your troubleshooter three
O three seven we three talks seven three eight two five five. All right
now I want to go to Brent Keel and just he heard it. And
for those tuning in, I'm the troubleshooter. We try to solve problems.
Nina says her mom had a will. She had a copy of it since
twenty nineteen. In the will, two friends and three daughters got everything but
one of the friends. Okay, so that's the will she had. Then
the attorney calls and says, oh, that will was changed last year.
One of the friends was dropped and the other friend gets more. And then
also Nino was reduced as well. So it looks like there was some finagling
to get this remaining friend more than she had before. So Nina is suspicious.
Brent, what do you do in a case like that? Brent?
Keel Keel and Park? What do you do? You know, when you
you go in and you're suspicious about a will, there are really two ways
you challenge a will under color aunt a law. You challenge it based on
testamentary capacity or undue influence. Those are really the two ways. And and
basically, you know, I'd have some more questions about your mom, whether
she she did have testimentary capacity at her age, was able to make her
own decisions, just some more facts and circumstances questions about that. But really
what the court looks at in that circumstance when determined whether a person had testamentary
capacity to make a will, is you know, whether she was making out
the will and the effect of doing so, whether she understood that, whether
she understood the nature of her property. You know, knows what she owns
right, and what would be what would be undue influence. Undue influence is
really a case where you know a person comes in who is pressuring them or
trying to force them to make changes. Oftentimes you'll see that the caretaker to
talk about here like a caretaker or something at it here the fact that this
friend was on the prior will, so there's already a relationship. It's hard
to say without knowing all the facts, whether undo influence existed, but it
seems like a tough burden to overcome. And this circumstance, given the fact
that she was already a beneficiary under the will, the prior will, I
guess I'd want to understand a little more about the relationship with her and the
attorney, because if the attorney was taking something under the will or doing something
like that, that would be a much more questionable cause of action. Whether
you know that attorney is doing something. Understanding that relationship between this woman and
the attorney, and it does sound like they were friends, but that doesn't
necessarily, you know, rise at a level alone to influence. It really
is. Let me ask you this, and by the way, I don't
mean this as a joke, but an attorney, unless otherwise defained in some
way or disbarred or disciplined, or has a hairy history, they're officers of
the court and they usually have pretty good credibility, right, I would certainly
hope, So yes, No, seriously, I mean you know, we
have crooked in everything. But the God's honest truth is attorneys are pretty damn
careful normally. Yes. And the reason is, you know, you put
all your time in too becoming an attorney, to you go to school,
you take the tests, you do all of that work, and you can
lose that license real quickly if you're engaging in unethical practices. It's something that
can happen. And because yeah, yeah, it's an area where you know
it does happen, you know, because the circumstances that you heard doesn't It
doesn't seem to me like first of all, Nina got reduced her portion,
the other two sisters got the same. One friend was dropped, and the
one beneficiary of these reductions was that other friend who was in the original will.
Did the attorney Nina give you any reason why the will was changed?
Did he say your mom called me or what did he say? He said,
he told me that the that my mom had called him to change her
will, the reason being that in June her doctors had called me in.
Because I'm the closest one to I was my mom's medical power of attorney.
I was all I've been managing my mom's financial affairs since my dad Sar was
her closest kid, and the doctors called me in and told me that they
were going to break the news to my mom that she was no no longer
able to make her medical decisions because she had had a stroke, and that
she they didn't feel that she was able to care for herself. She wanted
to live at home. Yeah, but hold on, Nina, are you
going to try to make the case that she did not have capacity to change
the will? I think that that would be I think that would be the
closest thing. But if it was it was. Did did those doctors tell
you that before she had changed the will, that that that new will has
a date on it. That date does that predate the incapacity or or what
you're calling incapacity? No, the will came after the doctors delivered them information.
Would the doctors say that based on what they knew and the date of
that will? Would they flat out say that your mom did not have legal
competency? It's not They didn't say legal competence. Well, I know That's
why I'm asking you. Would they say that in their medical opinion, she
did not have capacity to make wise choices. I don't know. I mean,
wouldn't isn't that what you need? Brent? Yeah, that's exactly right.
Understanding the decisions you're making and a doctor to maybe her doctors would be
able to make that determination. Would they go on the record and say,
at the time that will was signed and what they knew about her care,
she probably wasn't competent. Yes or no. Is there a difference between making
your medical decisions versus making legal decisions? I don't know, Brent. I
think there would be, but I don't know. Did they say she was
incompetent? It would certainly she would incapable of making her own medical decisions.
That's the exact wording. They didn't say anything about legal because that was never
an issue to No. I get it, I get it, Brent.
What I'm saying is, wouldn't she kind of need that? Though? You'd
kind of need the doctors to come in and say, yes, this you
know your mom was not able to make So why don't you do your homework
and do that? Why why don't you do that? Because certainly we don't
know if there was undue influence, but if you if your doctors there's no
date on that new will right now, look at that date and ask them
to look in their notes and find out if that date, on that date
would my mom would she have been competent? That's it? Well, sounds
very easy. But what happened is when they delivered the news to my mom,
she got really kicked off and she says, I'm calling my lawyers okay,
and she changed her will and she got pissed at you. That's possible.
That still doesn't change what you need. You need to know. That
doesn't change you don't have a prayer, Nina, Nina, you called us
for help. You don't have a prayer unless your mom was incompetent. And
what about the undue influence? Well, because I think that's going to be
a stronger, a stronger. How are you going to prove that? How
do you prove undue influence? When she had a friend on the will originally
and she's still on the will, how do you prove that. I don't
see anything that would indicate that. Do you, brent on what you just
heard? Do you hear undo an influence? Based on what I've heard,
It's a hard one to make. Listen, Nina, do you have money
to fight this, I do well, I go see an attorney about it.
Not Nina. You're presenting a weak case, is what I'm saying.
What kind of attorney do I need one of these? Brent? Brent,
do you challenge wills? We don't do litigation work that we do more of
the planning side. But there are groups out there that will. Yeah,
and let's be honest about it. It's going to eat up to tell her
the truth without blinking an eye? What is your what is your mom's estate
worths? Total about three million dollars? Okay? Now what am I lying?
Or am I dying? Here? Brent? To challenge your will,
I don't care what you say. To challenge your will is going to be
about fifty grand Be honest here, litigation, I yeah, just just the
time you go in and do the investigation. It can you start doing,
you know, your due diligence investigation to gathering the information that's going to roll
fifty thousand very quickly. You may be able to find somebody that does stuff
as a contingency. You may not, depending on the strength of your case.
The information you have. They think it's really strong and they can take
a portion of what you get nine of that might work, But I just
want to lay out I'm not telling you you're right or wrong. I'm telling
you it sounds weak and it's going to cost you about fifty grand and you
may not win, and the things that you would need to figure out nine
I really are well wait, I got I got to take this break hold
on. I want your finishing thoughts on this because a lot of people go
through this and this is this is Brent Keel from killing park More coming up
now. John Fuller is a personal injury attorney and we talk to him all
the time, and I'm going to tell you something. If you want to
know the real deal about your case, you know what you really want to
know? Do you have a case? And what is it worth? And
that's the bottom line, John Fuller, Fuller Law. Now, of course
there are many other things he's going to tell you on your initial call,
and there is no obligation to hire him. He'll tell you how to preserve
your rights and how to move forward, but he'll tell you what he truly
believes, based on his vast experience, what your case is worth. If
you want straight forward information from someone I know and trust, someone who has
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Hi, Tom Martino, Okay, so Brent Keel any last words or advice
on this case. Again, the things that are going to help establish the
case if there's one that exists, if you speak to the doctors, Nina
and you get you know, definitive guidance from them, Yes, your mom
did not have to pascity to make your own decisions, that would be a
very strong factor in your favor. And then the other piece for the undue
influence being able to establish where there's undue influence, right, just the fact
that you knew each other doesn't necessarily do that. And if there are facts
and circumstances that can help establish it, if you go to a litigator,
those are the things they're going to want to know and understand. Is what
type of facts and circumstances can you point to showing that there was undue influence?
Was the woman controlling your mother, keeping her away from you, doing
all those types of things? And it really is a fact and circumstance situation.
So thank you, And that is LAWKP dot com. Thank you,
Brent Free Consultations nine seven zero four three zero forty two thirty one. That's
LAWKP dot com. We have more coming up on the Troubleshooter Show. Get
Your calls in three all three seven one three talk or three all three Martine
yah ripped up new need ad so you don't have come running. Just as
fast as we can. Shooter's gonna help come man. Six is the Troubleshooter
Show. Now Tom Martino, Hi, Tom Martino here, Welcome to the
show. Three oh three seven one three talk three oh three seven one three
eight two five five. Whatever's on your mind, we strive to help you,
whether we can help you directly, or we can help you through our
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Com is available to rubleshoot your air conditioner and put in a new system,
or any plumbing or electrical issue you have as well. And they're good,
honest people. Eight eight eight Heating dot Com three three seven seven zero two
seven seven six. Now Anna, she called yesterday and I wanted to get
an expert, or she called this morning. I wanted to get an expert
on and I'm going to get really uh Brad O'Brien on because I gave her
some advice off the street, but not legal advice. And Brad O'Brien is
a real estate attorney olslaw dot com. Anna and her son. Her son
has been renting a single family home for the past five years. Then they
got noticed that at the end of this year, the previous year's lease,
which is up at the end of July, they said they're not renewing the
lease. Basically, they're selling the house. So Anna's son found a home
to buy. Now. They were notified about this a while ago. He
found a home to buy, but the woman threw him a curveball where they're
buying the house and they won't be able to move in for another month,
so they would like to stay at the house they're in for another month.
They're not getting a response from the management company. They said, can we
instead of leaving at the end of July, can we leave at the end
of August. Now again, I you know, I don't know what kind
of trouble they can get in Brad, but I told him if it was
me, I would simply say things change. I mean, because remember now
it wasn't Anna and her son that told them they're leaving. It was the
landlord that sent him a notice saying we're not renewing the lease. Now,
Anna, in the note when they said we're not renewing the lease, we're
selling the property, did they say you had to be out by a certain
date? July thirty first? Okay? So it was all in that letter,
right, right? And when did you get that letter? It was
I think ninety days ago. Okay. So, Brad, would they get
in a lot of trouble? I said, Look, I don't see what
trouble they can get into by simply paying the rent and saying we have to
stay another thirty days. I mean by the time they get an eviction,
I think they're going to be I don't know if a landlord would bother going
through all that trouble. Brad lost bred in the transfer. Is Brad O'Brien
on? Hi? Brad? Yes, Brad, go ahead. Oh,
I didn't hear the question. Okay, would she get Okay, let's say
she has to leave. Did you hear the case though? I? Okay,
So if she doesn't leave at the end of July, at the end
of the lease and they pay the rent and just want to stay through the
end of August. Can you see any big complications? I don't even think
they can get an eviction before then, do you. Well, no,
you can't really get an viction at Lana cannot get an aviction done in that
amount of time. Three to four weeks can take a little bit longer than
that. But first place to look on a question like that is the written
lease. Sometimes they do say what happens in a holdover situation, even if
it's not allowed by the landlord. It'll sometimes it'll say a holdover is going
to be one hundred and fifty percent of the previous month. So in my
life, sit me a thousand dollars rent rent, now you know it would
be fifteen hundred if that kind of a provision we're in there. So do
you have anna any access to that written lease? I'm sure my son does.
I don't have it. I don't know what it says. You need
to look at the holdover provisions and see what penalty is in there. That's
what we would call it, right Brad. A penalty. Yeah, it
would increase the range by a certain percentage over whether it was previously. But
what do you think the practical implications are brad like like, well, I'm
bractically speaking that this ought to be resolved amicably between landlord and tenant, because
you know, it would take a lot of money, attorney fees and time
and going to court to do an eviction that wouldn't even be holistically accomplished within
thirty days. So on the other hand, staying longer does risk having to
get hit with attorney fees if the landlord does start some action, because most
liass do say that landlord can collector attorney fees on an eviction action and the
new laws don't change things any on because they had a legit reason if they're
selling the house to terminate the leafs I didn't hear, But yes, a
landlord can terminate a lease, not or not renew it. Put that way,
they can refuse to renew it for the next term if they give ninety
days advance notice and give one of the allowed reasons, and wanted to sell
it is one of those reasons. So did that landlord give a ninety day
advanced notice? Yes she did, Yes, she did, Okay, yeah,
it sounds like the landlord's probably doing everything correctly. And so Anna.
Yeah, you guys, when did you let them know you needed to stay
another thirty days? Just about a week or so ago when we found out
from the woman that were purchasing the home from. And you haven't heard that
way, right, and you have not heard anything. You can't talk to
anybody. You have to text. We went to the office and there's no
one there. So we've just gotten no response from them. We told them
that what the situation was and that we we had to stay in assary days
because we have no place to go. No I understand, and it was
the last minute thing. Gave them the name of our realtor to verify everything
that we're saying is after it, and we get no response. Well,
as you heard, Brad said, it's going to take them longer than thirty
days most likely to get an eviction. And he doesn't know if they'd go
through the trouble, although technically there could be attorney's provisions in their attorney's fees
if they do want to do it, it would be really an exercise in
futility, as they say, because by the time they got an eviction,
it would be after you're out already. Anyway, the other thing Brad mentioned
that I think is important is that you may be subject to a holdover penalty
of some kind where they raise the rent, and so look for that and
call us back you have any questions. And of course for anyone listening.
Brad O'Brien is olslaw dot com seven to zero three seven zero seventy three eighty
eight, and that's what he does, real estate law. And again,
I personally, if it was me, I would pay the rent. I
would I would absolutely pay and say we'll be out at the end of this
month. We just couldn't time it perfectly. In all practicality, by the
way, I wouldn't wait till the end of the month either. I'd still
keep telling them in the emails you're not leaving. But in all practicality it
would be silly to take you to court over that. I mean, in
my opinion, but that's not a legal opinion. Brad, Thank you very
much, and just let us know though, once you read that lease or
if you want to send a copy about holdover provisions three all three seven one
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two nine sixty two hundred. Hey, I'm Tom Martino, your troubleshooter.
Three oh three seven one three talk three or three seven one three A two
five five Bob? What's going on in your life? What's happening, Bob?
I got a car question, Tom, Yes, sir, my manual
says I never need to change the transmission fluid or the differential, my transact
or the real action. Yeah. They call it a lifetime fluid, which
is book bs by the way. Okay, so on the mechanic recommends we
should probably change and I should probably haven't changed, right, Yeah, now,
you know, here's the bottom line. What they're trying to show you
is that their car is less maintenance. And they call them sealed units and
they're not sealed, and they say they don't need service. But nothing is
further from the truth. Now, will it be lifetime? It's not your
lifetime. It's lifetime of whatever the unit is. But I mean, it's
ridiculous. We've had our experts time and time again say you may let it.
It might be a good synthetic fluid and it can extend awhile, but
you do have to eventual service and change it. How you have a twenty
seventeen how many miles on ninety one thousand? Yeah, so you're doing pretty
good still, But I mean call I would call Jeff Vick Kimera Transmission,
or call share it an auto tech, or call any of our fine people
at referral list dot com. They're going to be straight with you on that,
but I would definitely do it. And again, how's driveability right now?
Doing? Well? Oh? It drives great. That's the old thing.
You know, if it ain't broke, right, people say, if
it ain't broke, don't fix it. But and I'm probably gonna keep it
another year eighteen months, that's really up to you. Then it's really a
judgment call. I mean, the manual does not call for any maintenance.
So you can honestly say if you sell it or trade it, that you've
you know, you've maintained it. If you don't want to do it and
you're only going to keep it another year, maybe you don't want to,
you know, and everything's going well. I don't know if I would if
I was only going to keep it another year or two, I would not
do it atcha. But I am like getting to break fluid change because I
know that obsorth moisture and of course you know stuff like that. I just
want to ride by you guys, be normally I do that stuff about it
eighty thousand miles and I'll let you slide a little bit. Yeah, I
like the car, but two more years. You know. We've had that
question a lot, by the way, a lot because but mainly from people
who want to keep him. And again, I think it's always wise to
service. Now I will say this the old. And this is not transmission,
by the way, Bob, and thanks for calling. But it's the
other maintenance that people recommend, like they used to say, oil changes every
three thousand, that absolutely not needed anymore, absolutely not needed. You can
go way longer with a good synthetic blend or a synthetic Now would you go
beyond ten? I would never go beyond ten, And most of my experts
are saying five to six thousand on do you use synthetic oils? It doesn't
call for Yeah, but I change a oil and filter synthetic every five thousand.
That's so that's really good. Yeah, you're going to keep that humming.
Did you have it from new the twenty seventeen No, I got it
with thirty three five on it top a Craigslist if you believe that. And
so I had a six months left in warranty today. That's pretty cool.
Well yeah, yeah, Craigsli wouldn't be my first choice. But anyway,
thanks for calling. Three O three seven one three eight two five five.
Let's talk about other things near and dear to your heart and pocketbook. So
I'm getting some texts on leases. People are thinking that landlords must renew now
they must not terminate unless it is for what they're calling just cause. But
one of those just causes is definitely having having it up for sale. If
you're going to sell it, you can get rid of people. Also,
certain relatives that move in. You can terminate the least for that, but
it can't. You can't just make up a story about it because you could
end up in court. Now a couple questions, people say, Tom,
is there any word on documentation of a five hundred dollars bet with Mark over
over the guy trying the guy over President Biden dropping out because Pus Martin.
Now, I remember Mark saying, hey, he's not going to be the
candidate. I said, he absolutely is going to be the candidate. So
I was wrong on it for sure. But then Mark, and I do
remember Mark making a bet. Mark always makes bets. He said he made
a bet with Hillary and Trump, and he never did, or I mean
he did, he thought he did. But I don't make political bets,
and I certainly don't bet against things I want. Now, he's not here
to defend himself, so Mark's gonna tell you I did make a bet,
and some of you YouTube morons, by the way, I'm reading this from
YouTube. That's why I brought it up. Some of my YouTube morons are
gonna say that, yeah, they heard me do it. But I mean,
if Mark told you you know that, you know I wear pane hoose
and dresses at night, you'd say yes too. I mean, you just
automatically give me crap. But I, honest to God, don't think that
I accepted a bet because I normally do not. First of all, I
normally don't bet big money, and I certainly don't bet on political stuff.
But there could have been a wild hair. Listen, I'm thinking there could
have been a wild hair where I thought there's no way Biden's dropping out,
And maybe I gave him the impression I would do it, and if so,
I'm gonna pay him. But I don't think I did. I don't
think. I don't think I did. Again, I would, and by
my board, ops don't remember. Now, Katchina says she remembers, but
come on, Kitchina, she can't say exactly when, or how or both
it was in March. Tom Mark's given me three hundred dollars if I say
he did, but then he only gets to keep two hundred because it's a
five hundred dollars bed it was in March. Okay, look at the really?
Yeah, why do you say March? Why? Because I remember what
was the Do you remember anything else that was on the show that day or
anything happening around that time? It was relatively slow, and and and Mark
and you got into a little bit of a discussion, Yes, a discussion,
that's a brilliant way to put it. And there were words laid down,
including a five hundred dollars Oh, come on, it was I'm sorry,
you're dreaming. Okay, I don't know. I mean, I say
I don't know, because the last thing I want to do is seriously is
I've said this before? Absolutely not. I never said anything like that where
I was wrong. But I don't think at first, I don't. I
don't normally bet money. I don't. I mean I bet lunches or I
been. And Mark will tell you I own a thousand lunches, but I
bet, I bet dinners and lunches, and I often bet things. But
anyway, three three, But I remember it because you actually have in my
presence here you have bet a lot of lunches, a lot of dinners between
the two of you. But this was the first time that you actually took
on a bet for cash. I don't know if you're credible or not.
There, Okay, all right, Kitchina, did I bet on the given
her half? Tom? Did I? Did I bet on the Final Four
with you? Oh? Of course not? Because per Tube lost? Come
on, that was horrible anyway. Okay, so listen on a serious note,
I got I just happened to get this text about tipping, and someone
said on YouTube, and I don't think I don't think it's correct that self
serve gasoline pumps literally have a line now if you want to leave a tip.
I don't believe it. I think that's hogwash. I think it's an
urban legend. I have never once been to a self service well, all
I do is self service. Really, I've never been to self pumping do
it yourself, self serve pumps where there's a tip. Come on. In
fact, I've never been to a gas station, even full service, where
they asked for a tip. But I certainly would not tip for self service.
Now there's a big discussion on this stuff. There's a big discussion on
tipping, more so now than I've heard in years, because they flip that
thing around on you. You like, you walk up to get a coffee,
should you tip on a coffee? While I tip on coffee? A
lot of people feel like to go foods, you shouldn't tip to go food,
but they take the food and package it and get it ready and put
it all together for you didn't hand it to you, right, So why
shouldn't you tip if you're picking it up? People say nope. If I'm
standing, I don't tip whatever that means. So the tipping part is really
controversial on whether or not you who you should tip and when not that people
don't want to tip, but it's when to tip now. I know in
bigger cities if you people tip dorman for opening a door. Or have you
ever seen where you go into a restroom and somebody hands you a towel,
a paper towel, or maybe even a cloth towel and a fancy one or
a mouthwash or something, or they're called restroom attendants. Have you seen it
now that I kind of think, come on, man, you go to
the restroom, the guy's right there behind you, hands your towel, hands
you, hands you or soaps your hands, squirt squirt right and then and
then you're supposed to tip the restroom attendant. I understand people want to make
money, but that I don't know, Like if you don't ask for it,
should you have to tip for it? And where do you absolutely not
tip? I'm trying to think when I think, whenever I've been presented with
a tip line, I've tipped. But I don't think I've ever been presented
with a ridiculous tip line, you know, like on like let's see frozen
yogurt, you know, a coffee, prepared food to go? I tip,
of course uber and lyft when I like to take now, and then
if I'm going downtown or somewhere where I don't want to hassle. I tip
at the gas pump. Absolutely never, Absolutely never. One guy says I
will tip. I will send you a picture of a gas pump with a
with a tip on it, with a tip line, John, I want
you to send it. Help at troubleshooter dot com. You can send the
picture there. That's our email here on the show. But I absolutely can't
believe that. Now, have you ever tipped a professional when they've done a
job for you? For example, Steve the painter star quality painting he did
my front door, right, and well, he's done a lot for me.
He does stucco, touch up front doors whatever. My front door is
a wooden door, and the sun beat the hell out of it, and
he came and sanned it and took care of it and it was really a
great job. And he charged me I thought a really fair price, and
they worked their asses off. I don't and I'm not trying to say this
because I'm magnanimous or anything, but I thought, you know what, I'd
pay fifty dollars more for that, and I tipped him. Is that appropriate?
What do you think? Anyway? Where Supposedly we just got an email
from John, one of my YouTube morons, who says that he has proved
that a self served gasoline pump has asked for a tip. I'm Tom Martine
three three seven one three Talks seven one three eight two five five. By
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the people. That's three oh three, four, five, five, seventy
two forty two. Hey Tom Martino here, Frank Duran, the real estate
Man dot com joins me. Frank, thanks for being here, brother,
Good to see my friend. Now we got a comment job that wants to
talk about tipping. I heard that people now expect to tip at a self
serve gas station. I do not believe it. I think that picture's bogus.
I don't think is real. Why would ever a self service gas station
ask for a tip anyway? Job? But what do you think on tipping?
Yeah? I totally agree with you too on the gas bop. But
you know, you and I have already had a discussion about you know,
it's a bottom feers around here in America. And how I describe a bottom
feeder is somebody who makes two hundred and fifty thousand dollars or left, and
wow, there's a lot of bottom feeders. Do you think are you calling
are you calling under two hundred and fifty thousand? Are you calling that a
paltry race? Or I mean a salary? Yeah? Yeah, a year,
yeah, exactly two hundred and fifty. So you're saying that two hundred
and fifty is just barely making a living, is what you're saying. Not
necessarily you're making a good living, but you also have to there, you
also have to have you know, some people don't make but sixty to eighty
thousand dollars a year and here to live in Colorado, you have to at
least share the money, because yeah, if you don't, then that person
that you know, you build that relationship with, he's not going to take
care of you the next time or shoot or whoever right or whatever that is.
So you want to build a relationship and you want to take care of
that person, that's right. I'll guarantee you if you're right. If you're
in line somewhere and he sees you first, there's a relationship there. Yeah,
there is. But certain things you know, and it's everybody's choice.
Totally give it. Everybody's choice to tip. But if you think about it,
if that person has a good trade, like the person on the door
does the door, you know it does a great, fabulous job. Yes,
unless he's an owner. Now, I think owners should not get tipped
if they're doing the job. But if they have an employee that's doing the
job for that owner, hell yeah, I'm going to give him extra money.
Now, I think I have a weird feeling about tips. I think
everyone deserves And when I see a living wage, I'm not talking about a
career wage. I don't think just because you work at a fast food joint
forty hours a week, the rest of your life. You need to support
a family of four or five on it. I mean, it was never
meant to be that kind of job. But I think you deserve a decent
wage for what you do, I really do, And then the tips should
be if people do want to tip. But I don't like when they depend
when a restaurant owner or a fast food joint or something where they depend on
the patrons tipping in order to pay their people a living wage. I think
that's kind of cheating a little because it's like, just raise your prices and
pay a decent wage. I think tipping should be totally extra due to someone
taking extra care of you. I don't think it should be built. It's
almost it has almost become an expectation, like a mandatory or an obligation,
and then you for a certain amount of tip, and then you tip more.
They do a good job. But and that that got ass out of
hand. I mean that that's that's not the way it is. It should
have been for for exceptional service, period, not for normal service. Yeah,
and I totally agree about that, Tom, because another thing is that
I kind of have a beef with I'm giving this person, uh gratification of
the tip. Right, Well, I don't like it when they have to
share it with everybody else now, man, But I don't. I don't
get into that. But it's something great to me. I'm going to go
back there and say, hey, yeah, yeah, awesome because he never
gets a tip. Yeah, I know what you're saying, Jack, Jack,
Jack, Listen, you want to talk about a contractor. Now you
are a contractor, right Jack, Jack? Contact and are you having an
issue getting paid? No? So, Mike, the client is actually having
an issue. Oh so. They they're a young couple with their first baby.
They're in the young twenties, just bought house two years ago, and
they had some flooding issues with water. When they brought me in, I
discovered that the previous Solo Warner put dug out across space, put in a
full base, and then pull any permits and put an in a ADU two.
They want to get everything up to code. But is there any liability
for there could be the pre There could be. I'm gonna ask Frank Duran
about that too. Frank Durand in the real estate man, hold on,
We'll come right back to you. Three oh three seven one three talk seven
one three A two five five fix my home dot com. That's the website
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Three oh three seven six one sixty four hundred seven sixty one sixty four
zero zero. Hi Tom Martino, your troubleshooter three all three seven one three
talks seven one three two five five. Jack said that he has uh hey
as clients who bought a house and he's doing some repairs in it. He
said that the previous owners made a bunch of alterations without proper permitting. Jack,
how long have your clients owned this home? Your customers, they've been
in it for two years. They bought it in twenty twenty two. Okay,
that might be a problem. Now they only have a certain amount of
time. But it's a non disclosure thing if anything, okay, meaning if
they lied to them, they may not have lied to them. Do they
have access to a disclosure statement? I'm pretty sure they do. One thing
that I have. If it's a two bedroom house and then they put it
in an unpermitent basement and sell it as a four bedroom house, would that
be fraud? No, because these people, it's not like they blindfolded the
people. I mean they can sell it. They can sell it if they
put two bedrooms in the basement as a five bedroom or four however many bedrooms,
of course they can. Now if you go in there and you see,
well, two of those bedrooms are in the basement, I don't call
this a four bedroom. I mean that's that semantics, But that the real
issue is did they misrepresent the house. Misrepresenting the house is not saying something
that you can see for yourself. It's it's lying about it, like saying
it has an air conditioning system, and let's say, you know, I
mean, obviously you might be able to discover that on your own, but
still that could be fraud if it's represented as having air conditioning and it doesn't,
or you know, they say it's natural gas and it's not, it's
propane and it's buried tank or something that is totally misrepresented, or you know,
but if they say it has an oversized garage and you don't like the
size of the garage, that's something you could go in and walk around and
see for yourself. But what you can't see for yourself is if something was
done illegally or improperly, like without proper engineering or without or or if a
drainage problem wasn't fixed, or if a sewer backup persisted and they didn't tell
you about it. So those see non disclosure is something that they hid from
you or lied about. Now they finished a basement without permits, is that
correct? Not only that they took a cross space, dug it out,
put in at ten to basement, and then didn't have any of the engineering
done for those major structural modifications. Now, hold on, you have substance
over form. The form is they didn't do the proper permitting in all of
that, that would be a disclosure issue. It would not be a loss
issue unless the substance of it is it was done improperly. The fact they
didn't have permits doesn't mean it's dangerous. However, it could be dangerous.
There are two situations. People often confuse them. The permitting process is a
disclosure thing. The safety thing is something totally different. Hold on and we'll
discuss it. It sounds like they have a pretty good chase ripped up so
you don't have come run into Just as as as we can, Shooter's gonna
help come. This is the Troubleshooter Show. No Tom Martino. Hi,
I'm Tom Martino. Welcome to the show. We are here to help you
solve problems, to answer questions, to take complaints, to make your life
a little easier. And I have Frank around in the real estate man with
me today and we're talking anything you want to talk about. Really, we
talked a little bit about tipping and when you should tip and when not to
tip. And now I know a lot of people bitch about tipping, and
really The reality is our society is moving on tipping. But I think some
of the problems people have is where to tip and when to tip, because
some people are asking for tips where it seems a little out of the ordinary,
that where you didn't have tipping before, you know, and so what
is a ridiculous place to expect a tip? And when should you get a
tip? There are times though, when you hardly have interaction, hardly have
interaction with a staff, and then they want to tip. Some people are
are saying at a convenience store, they literally had a place for a tip,
and I found that hard to believe. Someone else said they even saw
one at a self service pump, and I flat out refused to believe that.
One Frank Duran was talking about real estate. We're going to talk about
that in a little while. On a side note here, I got to
quit. There's a quick question here on text and I'm going to go back
to the phones. Tom. We had a major hailstorm about a month ago.
Yeah, I remember, and I need to get an insurancejuster to take.
Look, what do I need to do first in respect to, you
know, with the adjuster out? And what should I ask the adjuster,
or do with the adjuster, blah blah blah, And I said, do
not, absolutely, do not call an insurance company first. Ever, you
have to first verify you truly do have roof damage. You got to call
a roofer first, a reputable roofer. I always say, call one of
the people on my refer list, or of course Excel roofing. I love
excel roofing dot com. And here's here's why. First, don't sign a
contract with a roofer. Have a roofer inspect and offer a contract so you
know exactly what you need. If a roofer says I'll do whatever the insurance
it proves, then tell them to take a hike. You do not want
that roofer at all. You want a roofer who tells you what you need
based on their knowledge and experience. Then you can compare that to the adjuster
to make sure the adjuster is giving you a fair shape. Then you can
sign a contract with a roofer if you'd like. But I personally would never
sign a contract with a roofer that wants money up front, and I would
never sign a contract that had a penalty class. That's my that's what I
would do. All right, let's talk to Jack, he's a contractor who,
by the way, he said, he went into a client's house.
A customer's house they just bought it a couple of years ago, and there's
a lot of stuff in there that's not permitted, meaning they did not pull
a building permit. Now, I want to explain this because this is really
important. When you buy ay and there there were improvements done without a permit,
the mere fact that there is no permit does not break the law or
constitute fraud. Okay, that alone does not constitute fraud, Jack. What
constitutes fraud is if they don't have a permit and say they do have a
permit, okay, or they say they didn't do something when they did do
something, or they did something and they didn't do it. In other words,
if they lie. Now, what about the actual work itself. The
permit in and of itself does not guarantee quality, whether it's proper or not.
In fact, you could have a permitted job that was done totally incorrectly,
Yes you can. You can also have a non permitted job that was
done extraordinarily well. The permit is not an indication of quality. You know
that as a contractor, Jack, So the question is, were your clients
wronged when they bought a house that had improvements done without a permit. There's
two ways to look at it. First, whether they had a permit or
not. If the improvements were done improperly, they could have liability. The
second is if they didn't have a permit and misrepresented it. That's another area.
So let's take a look the work itself. You said was done,
but is it dangerous? Would an engineer say, oh my god, the
house is going to fall down? Tell me what an engineer? And why
didn't a home inspector pick this up? Jack a bunch of questions. That
the reason that was the first question. I didn't know why home inspector would
pick this up in terms of safety. They did not have proper egress windows
in the basement. The window walls aren't big enough, nor are the windows,
and the sills are too high to comply with code. When they dug
out a basement, how did they shore up that basement? If they dug
out a ten foot basement, did they put up proper foundation? What did
they do? I could see the foundation wall and it looked extremely rough.
It looked like they just put forms on the inside. After they dug it
out, and it's unknown whether or not they put footers in geez, I
mean an engine That's why you get an engineer involved to sign off on the
structural modifications of that type of job. Told me that the person was a
concrete contractor and did all the work himself, which you can clearly see because
the build quality is terrible. Well, then why didn't they have the house
inspected before they bought it? They had an inspector by it. But she
told me that when she was doing the disclosures, she was pressured by the
realtor saying it's fine, it's fine, it's fine. What do you mean
pressured? What I want to ask is this, Frank Duran the disclosure document
talk about what it asks with permits? You you have it with there,
Tom, It's actually item L of the seller's property disclosure, and it's does
everyone use the same disclosure for yes, the real estate approved this case has
yeah, So that's items nine Items eight and nine. They asked if there
was a permit or if done without a building permit? So that's it asked
both. Oh yeah, it's clearly was their work done with a permit?
Was their work done without a permit. Yeah, that's right. And okay,
so on their disclosure, do you know if the sellers lied. I
don't know, but I'll find that out. I think that's important. Look
for anything in there that's a lie. That's going to be important because if
they told them that they did improvements without a permit, they're off the hook.
But if they disclosed that the work was done without permits, then the
client is pretty much out of luck. Then that's right, unless they lied
to them and said, we did it without a permit, but we had
an engineer stamp or something like that. Any Remember, we're looking for misrepresentation.
The fact that it's dangerous in and of itself does not make it fraud
because they can engineer to look at it. With that whether it would take
an engineer to come out and take a look at it to verify whether or
not it was done correctly. But even if an engineer says it was not
done correctly, do you understand what I'm saying? The owners, If the
owners believed it was done correctly, that's all that matters. It's only if
they lied about it. See, this is so weird because proving it's incorrect
does not give them a leg to stand on unless it was misrepresented. So
there's no law that says there's no law. I wish there was, you
know what, Jack, I wish there kind of was a law that said
that when you sell a house, you're not allowed to sell a house.
I guess unless it is structurally sound or whatever or something, or I don't
know, unless everything was done proper or there's But there's not. There's no
law that says that everyone buys a property as is. We don't understand that.
We don't think we buy it as is. We do. We buy
every property just like a used car. But it must be there's one other
change. There's a disclosure statement. Now here's another thing. Is a disclosure
statement required? Frank, absolutely not see so if they here's the weird thing,
Jack. If they use a disclosure statement, it must be approved by
the Real Estate Commission, right, But if they don't use one, they
don't have to. But I recommend no one buy property without a disclosure statement
ever. But it's not required. People think it's required. So it's possible
they didn't even have a disclosure statement. I don't know. You got to
talk to them or have them call me. And when they say they were
pressured by the real estate agent, that's not an excuse. I know,
ignorance is not an excuse. But isn't there a certain standard of being a
realtor advising a client? Good question, Frank. If a real estate person
urges people to sign first, of you gotta prove it. But do you
guys have a literally a fiduciary. I don't know if you do or not?
By law? Well, Tom, even without the fuciary means the other
person's best interests go all right. But even if we're not acting as advocate,
we still owe the public fair and honest dealings. Fair and honest dealings.
So even if you're acting as a transaction broker or serving them as what's
called a customer, we still owe them fair and honest dealings. Right,
So if I say, but if I say, oh, just go ahead,
signed it. This house is great and everything's cool, don't worry about
it. What is that? Is that fraud? I don't think that's acting
in good faith, Tom, I don't know. I mean, unless you
actually know it to be so sure. Yeah, see, but that's another
thing that real estate person can say, I thought it was in great condition.
And they don't even have to base it on anything. Thank you to
say, I've been around a long time. I thought this house was a
real steal. It was a great house. That's why I urged. And
they could say on the stand, did you urge them to sign? Absolutely?
Why I thought it was a great buy. Did you know that to
be a fact? Well, no, I was just using my opinion.
You see, there are so many things people take for granted to see you
do, Jack, You're asking me questions that everyone asked. But isn't there
a standard? No, there's not. No, there's not. See,
we operate under the assumption that we have way more protections than we really do,
way more protections, and I hope this doesn't come as a shock to
people listening. But there are not laws to cover each and every event.
So Jack, have them look first for a disclosure statement. If they have
one, Let's take a look at it. Let's see if there were any
misrepresentations or lies. For example, if that real estate agent said, oh,
by the way, just sign it. My friend's an engineer. He
said everything's great, and that was not accurate. That's called fraud in the
inducement, meaning you use lies to get someone to sign something. How old?
How old are your clients? They're young, their early twenties with them.
Yeah, God, I feel bad for the first home and I mean
she even said this could put us in vacrantcy, and I feel very bad
for her. Well, we don't know how bad it is either, so
we although it sounds pretty bad. I mean, they may have to jack
up that whole house and do a whole foundation, and it could put him
in bankrupts. But didn't the lender require any kind of permits or anything.
I don't believe. So all right, well again, I'd call me back
or have them call me back. Three O three seven to one three A
two five five. You know, if you're looking for an investment that's safe
and conservative, Joe Kenno, Certified Financial Planner, he has something that can
help you, and that is called overfunding life insurance. Now, we talked
about fixed indextinuities for income and guaranteed returns and all of that for lump sums
of money. But what if you don't have a lot of money and you
just want to start out. You can buy life insurance and you can overfund
it. What does that mean? That means that you pay more than the
cost of life and accumulate cash value that you can later use in life as
income through policy loans. Listen, it's a whole system. A lot of
people do it. Find out more. Become the banker dot org. That's
become the banker dot org. All right, now, let's talk to John
Fuller Fuller Law. He's a personal injury attorney that works in a very simple
way. You call him for free information, free legal advice, free impressions
of your accident and what he thinks it's worth and how he thinks you can
collect all of this complimentary. Then if you decide to hire him, he
works on a percentage fee basis, and what he does is goes after the
other party or the other insurance or your insurance or wherever he can to get
you justice, to get you paid damages. Now, what about this,
though, You become a plaintiff. That means you have the burden of proof.
John, what exactly does that mean? And how do you help there?
So one of the ways to really understand why insurance companies are such a
pain in the rear end is because they don't have the duty of proving anything.
They can just simply say, our position is that none of this is
related to the accident, and we're not paying a single penny until you prove
otherwise. And a lot of people get very off put by that, thinking
that obvious, you know, their damages are obvious, and that the other
side would naturally just default to being on the hook. But the exact opposite
is true when we do litigate cases, and whether we're negotiating with the insurance
company prior to litigation, we have to prove that the damages exist, they
were caused by the accident, and that there were no pre existing conditions that
complicated the plainets either you know, the existence of the injury or the recover
from the injury. So we have that burden. That's why it's so difficult.
That's why you need us on your side. And I look forward to
talking to you about your case to see if it's a factor that we need
to work on for you. You know, John, I think of all
the things you've ever said, that sums up the biggest problem in personal injury.
You're right about that. When people are injured, they just they feel
so frickin' bad, They've had so much damage. They assume they just need
to collect and you have to take that injury and those damages and make them
real so people cannot weasel out of their responsibility. I think that's your biggest
goal there, and that's your biggest task. You put together the case.
Yep, that's exactly right, Tom. We do it on each and every
case, and we have been for over twenty years. So if we can
help you out, let us know. Yeah, And all you have to
do is call them, and you will see the difference. With Fuller.
First, you're gonna talk to him, that's a big difference. Then you're
gonna get a cell phone number to call or text at any time. Three
all three five nine seven forty five hundred, John Fuller the one i'd call
right now if I was injured. Three oh three five nine seven forty five
hundred. My accident lawyer dot C Now coming up. I'll have Frank Duran
weigh in on this agency agreement and hit their fiduciary responsibility. So I told
you they just have to give you their opinion. We're going to do that
in a minute. Frank, I'm going to take these calls who've been waiting
a while. But then people, I was a little wrong in that it's
not just your opinion. Oh I think I thought it was great. So
if you're listening, contractor who called for your client, I want you to
listen to this. Uh. First though, let's go to Keith. Keith,
you have a question about garage insulation. What's going on. Yeah,
I've been thinking about, like, I have a three car task garage that
when it was built never insulated. The attic above the garage. The rest
of the house is insulated, but I've been thinking on maybe, uh,
insulating it and wondering if to help in the summer and winter. Bob,
Yes, all of that would help. Yes. Now, okay, it's
here's what I want to ask you. Above the garage you have No,
you have no insulation. Is that garage adjacent have a wall adjacent to your
house? Attic? No, it's open. What does that mean open?
I mean if you go up in the attic to the crow, to the
little trap door, the groag part is not insulated, and you look to
the left, it's open and the house part is insulated. Oh but yeah,
no, no, no, no, you don't want that. So
that air is open to your house? Yes, yeah, you don't want
that. You're you're you want to insulate above that garage. You know,
we have great people on the referral list that do uh insallation? Did you
know that? Well, that was my next step after I talked to you.
I want to make sure, yeah, make sure you get good people
expect to do it. I'm going to tell you you have someone in Colorado
Springs. Ah, damn, Colorado Springs. That's a good one. Hold
on, I actually I don't know. I don't know, but we can.
I'm looking here right now, and I just looked at insulation here.
I just want to see. I just I forget the name of our insulation
place. Let's see. It's well, I want you to call. Let's
see. We have so many people listed. I know they don't just specialize
in insulation. Well, hold on, you might want to try Valero Construction
in color I think they're down there. Yeah, Valero V. He can
give you a start, and he's a good person man. So it's Valero
V E L excuse me, v A L E r Io Valerio. I
should say v A L E r I. Oh Valerio. And here's the
number seven to zero eight eight two two one three nine two one three nine.
Okay. Now, as far as insulation, though, we have another
one I want you to call if I can find it. Dang, I
can't. I can't find that installation company. I don't know why I'm not
finding it. In any case, go on referral list. Now, you
know petrolley roofing. They say they do some of that, but I'm not
sure they do. I see sometimes when they're under roofing, they get put
under insulation. But you may want to try. And we have uh,
let's see where else in Colorado Springs. No, I can't see, but
we have someone specifically, and I got to talk to Mark about it.
I don't know why they're not showing up here. We have a great place
that does insulation, and I can't, for the life of me find it.
While I'm talking to you. She does a great job with insulation.
And if he if he's listening, yeah, go ahead. Did somebody call
me? Is that? I thought I heard this somebody anyway, So go
ahead and go ahead and look on the referral list. Meanwhile, if I
come up with that name, I'll let you know. But you definitely want
to if that air over the garage is open to the air over the house.
You want that insulated for all kinds of reasons, and personally I would
I would personally not have it open over the garage into the house. If
the garage is un is the garage unheated, it's unheeded. Yes, I
would not have the air. I would insulate it, but I would kind
of make a partition there where the roof goes through. And you have to
also make sure you have proper ventilation up there. Do you have proper ventilation?
Yeah, that would just been checked recently and everything is correct there.
Now let's talk to Mike. Mike has a comment. Mike, go ahead,
what is your comment on this insulation issue. Tommy kind of stole my
thunder. As a retired firefighter, I was going to recommend he puts what's
called a bulkhead between the garage in the house, and that's just a series
of two by fours between the top of the body. It's kind of like
the gable end right of the of the garage, right leaning up against the
house where they go together right right. And if he can, he needs
to use five eights fire rock, which is drywall on both sides of that,
because if he ever has a garage fire. Yeah, it's going to
crawl through his attic and take the house with it. God, what a
good advice that is. I wasn't even thinking in terms of fire. I
was thinking in terms of insulating and all of that. But you're right.
So what he's saying is put a firewall up there. Basically, okay,
Keith, between where they you know, like where they come together, really
where you're no longer in the garage, but now you're in your attic.
You got to block that. You've got to keep them separate. Yeah,
okay, I understand. And then you have to make once you make them
separate, you have to make sure you have enough ventilation in both because now
you have two separate roof systems. Once you block that off, you're going
to have one over the garage and one over the house, and you have
to make sure they're both ventilated properly. That means you have to have softet
vents, and then you have to have either a ridge vent or you have
to have vents pipe vents in both sections of the roof. By the way,
if you're in the springs, Excel roofing is excellent at ventilation. They're
down in the springs too, so you may want to talk to them about
that. Three oh three seven one, three eight two five five. Okay,
we have more coming up. I want to tell you Denverregen dot com
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to air conditioning in many of the seasons, really even during the summer.
So that's QC Colorado dot Com and again you're gonna love it. And here's
the number three three, eight hundred and thirty four nineteen. Okay, I'm
Tom Martino. You're a troubleshooter. I want to talk to Sandra about our
dentist, an issue with a dentist. What's going on to Sondra? Well,
oh, sorry, I had spoke with you. I don't know.
It's been a few weeks bg maybe even a month about a dentist that we
gave him ten thousand dollars up front. Oh my god, I remember hold
on, let me Yeah, that was terrible. And so what happened,
Well, since that time he had filed bankruptcy under his personal name Chapter seven,
so the patients couldn't go after him. But what was the name of
the dentist. Well, his name is Sean Custer and the dental practices in
Fort Collins, and he had one here in Greeley were park Few Family Dental.
He has since filed Chapter seven. But there are I'm finding more and
more women. They responded to my who is thenet? Oh you found that
she is a gal? She contacted me. I just now saw it VI
a yelp who has gone through the same thing that I am. She paid
money up front for gentures. He has been waiting a year. See what
he's doing. What it looks like you did. I'm not sure, you
know, I'm not completely sure, but that he was getting new patients in
there, and then he was taking their money, but then he would prolong.
How I mean, I've been waiting two years to get my upper plate
and she's been waiting one year to get hur Dennis her genscher. Now is
her name Dennette or Danielle? It'snette Donette. Yeah, I found her,
but I didn't find you that I was looking for, because I know she
had called us, but I don't have your call here. But in any
case, so so yeah, I did right now. The guy filed for
bankruptcy. But if he committed do you know if the bankruptcy has been discharged,
that means it's completed, not because it has not, because I still
have a time. I hired an attorney two thousand dollars. Do you want
to challenge that. You're trying to challenge the bankruptcy, right, Well,
not only that, I'm wondering when does it become fraud if you were bringing
in there, that's right, that's what you have to do to challenge it.
That's exactly what you're doing, the right thing. But you should probably
get together with other patients and share the cost because it's going to be expensive.
What you're claiming that he took in money knowing he was going out of
business. Yes, yes, However, however, remember he did he's done
some work on most of these people, he just didn't finish them. Correct.
Well, that would give the impression that he was making a good faith
effort and ran out of time or money or whatever. Well, but you
know he strung me along for two years. Oh the LAB didn't get it,
right, are they? You Lab did this and Laud did that and
that. When they're sending it impressions and things like this. I mean,
it's just a I mean two years, come on, no, I know.
But you're saying during that time he kept taking money, Well, yeah,
he kept getting new patients taking their money. Why why are you spending
two grand on an attorney? Well, because I was informed that I should
not file the proof of claim to the bankruptcy court myself, that I needed
a representation, well from an attorney here in Greeley. Well that's not necessarily
that's not necessarily true. I mean you can file a proof of claim.
But well, and it shouldn't cost you two grand to do that. That
doesn't sound right to me, So yeah, maybe not. It's Kingsford Law
here in Greeley. But what else is he also going for that price?
Is Kingsford Law also going to file a protest? Well? I know they're
going to file a proof claim, but there needs to be because in my
research, there also needs to be a complaint and that's kind of what you
No, No, the complaint is for challenging the bankruptcy for okay, But
the proof of claim is very simple. You didn't. I don't think you
needed an attorney for that. I mean, having an attorney for why would
I can't even believe that they would charge you two grand to file a proof
of claim for God's sakes, It's just filling out paperwork, right right?
Yeah? No, see, and I have not signed anything as far as
them representing me. Well, okay, you haven't paid them yet. No,
and you haven't hired them yet. Okay, No, I want to
hold on to do me a favor. I want you to hold on,
dear, hold on to that. I'm not Donet. I'm sorry, Cassandra.
Hold on. I want to get Mike wink On from the wink Law
firm to talk about this particular Okay, the case, not not the case,
but like filing a proof of claim in what it takes and just give
her some general inform. Okay, So hang on and we will come back
to you on that. I'm Tom Martinez. We have more right after this.
You want to save money, like a ton of money on water heaters.
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all plumbing Colorado dot net. That's three zero, three sixty six.'
eight six' eight four four. John Fuller is an expert we use for
personal injury on this show. You've heard him on the show. He gives
great advice. But here's the most important advice. Let's get down right to
it. When you're injured, you're wondering is it worth pursuing? And what
is it worth? Let's just face it. I mean, that's the system
we have in America. You get paid for your injuries if it was someone
else's fault, and John Fuller will give you his full and undivided attention on
a complimentary call to find out what your case is worth and if it's worth
pursuing, meaning where can you collect? That's all free of charge. Now,
if you decide to use John, that's wonderful. He'll do a great
job for you on a percentage fee basis only if he wins. And then
you get a cell phone number you can call her text at anytime. John
Fuller, Fuller Law three oh three five nine seven forty five hundred five nine
seven four or five zero zero my accident lawyer dot Co. Tom Martine here,
welcome to the show. I want to talk to Mike Wink from the
Wink Law firm he does bankruptcy law. A quick question from Hey Mike.
So Cassandra paid a dentist upfront, got partial work done, and some other
people paid the money, and then he went bankrupt. So obviously there are
patients upset with the bankruptcy and they want to put in a claim. We
don't know what assets there are or anything, but I have a quick question.
She was told that she needed an attorney to file a proof of claim.
Who told you that, Cassandra, I do not recall. Now this
has been so crazy. I mean, I've talked to so many people and
done so much research online. I don't recall. So you hired an attorney.
Well I haven't, I mean I haven't, no, no, but
you talked to an attorney and he wants to charge two thousand dollars to file
proof and and all he's and you know he's. They changed. They did
up an agreement of p agreement and send it to me in an email for
my review and to sign and uh and it now states that it's basically just
for the filing the proof of claim because it's not anything. It says something
about term. I'd have to bring it up on my computer. But Anyways,
it's basically I think just for that, it's like if it goes any
further or it goes to I don't know what happens after once all these proof
of claims are filed against the attorney. So Mike filing a proof of claim,
isn't that something a creditor can do on their own? Yes, you
do not need an attorney. And with Google google the United States Bankruptcy Court
District of Colorado. There's a full number there. There's a ford staff that's
actually quite helpful, and I'm sure they can give you a lot of guide
and if you have any problems, you can give us a call too,
and I can point you. Okay, correction. Now here's the thing.
Isn't it like a form Mike? Correct? Correct? Call? And she
did with that form? Did you receive that you were obviously received the notice
of the bankruptcy correct? Yes, I did, and then a second notice
stating that there may be some assets to distribute. And one of the other
gals that went to him, they said they the bankruptcy judge told her because
she attended the hearing, that we're looking at maybe one hundred dollars back.
And that's like Well, I'm thinking to myself, why the hell would he
charge me two grand a violent group of claims? Well, yeah, don't,
don't hire that attorney. That that's without But there's another issue, Mike.
Let's say patients wanted to challenge the bankruptcy itself. Now that is a
whole different ballgame, right, correct, correct, And theoretically you don't need
an attorney to do that. But I think you'd be foolish to engage in
that type. Right he killed, Mike. I have another question. Does
a trustee, if he gets a lot of complaints about fraud or that the
guy knew he was going out of business, does it be hoove a trustee
to do that? Or does a trustee make more money if he just lets
the bankruptcy go through. Sure, well, there's a panel trustee who administers
the case. That's the that's the frontline trustee, but overseeing every case is
the United States Trustee. And if you've got real if you've got a you
know, let's say a sizable number of creditors who all have similar theft type
claims, which would this would be right, I paid for something I didn't
get it civil theft. Then you could take that to the US trustee who
may or may not fight discharge you on behalf of sort of justice. Okay,
that's good to know, So, Cassandra, if you need any more,
Wink the Wink Law Firm is seven two zero five two three zero six
two zero. You can also find him at referralss dot com. We have
more coming up on The Troubleshooter Show. And then Frank Duran wants to fill
us in on the duties of real estate broker to correct what I said earlier,
and we'll talk about that and more coming up. Yeah, rid News
need advice, so you don't have to come running. Just as fast as
we can. Shooter's gonna help coming. Man Dix is the Troubleshooter Show.
No Tom Martino. Hey, I'm Tom Martino. Welcome to the show.
Three oh three seven one three talk three three seven one three eight two five
five. We're here to help you solve problems, answer questions, take complaints,
make your life just a little easier. All you have to do is
give a squad. If Frank ran the real estate man with me and we'll
talk about agency and agency agreements. But Will I believe is still on the
line. Will what's going on with you? Will? How can we help
you? I'm having problems with seventy. They actually put a hold on my
registration. Now, are they saying you have unpaid dues unpaid tolls? Yes?
Why? Yeah? I don't ever use it, but I guess my
wife has been about telling me, and she used it years ago and I
told her don't use it. Okay, Well, then I was just going
to ask you because usually, let's just put it this way, usually four
seventy toll authority, they're pretty accurate in their assessments and record keeping. So
are you denying it or are you saying it's too much or there's undue penalties
or what? What is your situation? How much? Said? They're they're
telling me it's almost one thousand dollars? Okay, so what are you saying?
No, I'm saying I don't know how a few dollars charge can turn
into one thousand dollars. Did they say, though, that's part of that
is a penalty because they have penalties. Yes, okay, Well how much
of it as tolls and how much is penalties? They didn't tell me that
part. Well, then that's why. Well, let's answer the first question.
That's how a few dollars adds up. But as far as negotiating,
usually they make settlements. Did they offer any settlement? No, she just
told me it was I they nine and forty five dollars or something, and
that's when I hung up and called you. Okay, Now here's what I'm
going to tell you. They are pretty good at negotiating. You're not going
to get out without paying, and they have you over a barrel because well,
first, let me just delay some of your fears. They're not going
to lie to you about it unless they have the license plate completely wrong.
But if they had the license plate wrong, they'd have the vehicle wrong.
If they have the vehicle right and correct with the photos, they'll gladly share
that with you. I would assume it's correct. Okay, once in a
while they get it wrong, but really not as much as you think.
So what year do they say it's from. They can't collect more than six
years back. How long do they say it is? How far back?
I didn't ask them that either. I'll probably have to call them back and
out. Just ask them for it, listen, ask for a history of
violations, and then negotiate a settlement. I'll bet you you get a settlement.
I know of one of the vehicles they are saying, I haven't owned
that vehicle for at least three or four years. Yeah, I'm not okay,
that's okay. I mean, look, they can't go back. When
I say they can't go back, their ability to get a judgment is hindered
after a six years. But if they're reasonable, they if they have a
list of violations and you know you've driven it or your wife did, I
mean, you need to settle with them, you really do. You're not
going to get away with it, no one does. It will cost you
way more in hassle and time than getting it taken care of. But the
good news is they usually do negotiate settlements. Now you can ask them if
you have any question about it. It sounds like you do. Just for
a list of the violations, they'll send it to you. They'll email it
to you. Did they have you never been ever been hounded by them ever?
For tolls? Oh? They send me one, Like I said,
I had, I know she did it once. I mean years ago or
over the years. Have you gotten notices? Oh? Yeah, they keep
sending them. But I listened to you and you said something about don't worry
about they can't really collect it. I've never said that, never ever,
ever, ever, ever, ever, ever ever ever said that about tolls.
Ever. I've said that about red light tickets, and I've said that
about other kinds of photo tickets. What I said was they are accusations at
best that in order to prosecute them, they have to take you to court,
and they have to they have to serve you. Now, since i've
said that, many municipalities have changed the law so they only have to send
you a written notice, a registered mail or something, and then you have
to go to court. And I've said, if you get a court notice
for a red light ticket, don't ignore it. You'll you know. But
but I said they are collection notices, which is true. Toll violations are
way more than that. Toll violations are actual tickets for something. They're not
a collection notice, they're a citation. So that's way different. So I'm
sorry you misunderstood what I was talking about. The toll violations are not red
light tickets, they're not traffic light tickets. And some track like tickets,
they're triggered. They used to be triggered by faulty means, for example,
if you went a little far over the line but you didn't run the light,
and those the municipalities would very seldom prosecute those photo radar tickets. Mainly
what they do is and that's for speed and for red lights and all of
that. Mainly, what they used to do is just send you a notice
and hope you sent in the payment. Again, I had enough to wallpaper
a bathroom, and not one of them was prosecuted. One time, Denver
police served me with one, so I paid it. They served me with
a court appearance one time out of many tickets. So I would call them
and absolutely try I to uh try to negotiate a settlement if you can,
and there that they'll be happy to send you lists of violations. Three oh
three seven one three talks seven one three eight two five five. I'm sorry,
Now, hold on, that was Will, wasn't it? Or was
that Mitch? Mitch's new Mitch's new on this? Okay, go ahead,
Mitch? What is your what is your comment or question on this? I
have a really similar situation to what Will was saying. I have a little
more information, I guess on. Oh good, Uh, all right,
go ahead. I know what they're trying to I have a well, long
story short, I have polls that make sense that the they show the charges
for the like explate and all that, but then there's like an additional four
hundred dollars of late fees or civil penalties are what they call. That's right,
yeah, yeah, yeah yeah. And but they've sent that statement to
an old address on the title of my vehicle. Well that's your fact.
Well, so I went through a record search through Colorado DMB, which is
what they told me I need to do. Right, it shows that my
mailing, my mailing address, and the restart address are correct. Oh oh,
hold on, how did they get the old address? Well, it
was originally titled to that address, but I haven't lived there for like three
years. So I'm just curious on like the notification that they're should be giving.
So so what I try to do is they they will in that if
they made a mistake, they will waive the fees. So how do I
How do I prove though that they didn't update their address other than that I'd
saying it's not Well, here's here's how you do that. Here's how you
do it. You have the date you moved, and you have the date
of violations. If the violations pre date when you moved, then the violations
stand. If the violations were sent to the old address after you moved and
changed your address, the violation will still stand, but the penalties won't.
Right. Yeah, I mean I agree with you. I just don't know
how to get that agreement out of them, because they're saying I have to
go back and prove that they you know, they were sending it to the
wrong address, which seems like, well, hold on, how do you
know they were? Well, then I'm going to ask you, how do
you know they sent it to the old address. Well, the only reason
I knew there was a hold at all on my account was I went to
register the vehicle, and so then I called them and they said, oh,
this is registered to an old address, or this is the address we
have on file, and I said, well, I haven't lived there,
and so that's when I had to go through the car the address they had
on file. Yeah, that's just they told you that, but when you
went online you saw that it was that address. The kind of separate entities
though, so E four seventy has their address on file versus what Cardo DMB
shows. Well, that's what I'm getting asked, So, which one had
the old address on file the four seventy and they admit that. Yeah,
they said that's the address we have, and they said they'd get that from
the DMV. But apparently they just haven't either updated the records or well,
they didn't uptake their records. But my question is not if they updated the
records. My question is what address was on file when the tolls were incurred?
Oh? I see, yeah, so the address on file, some
of the tolls would be to the old address, but most of them would
be in our new address. Okay. What they're going to argue, first
of all, is that you owe the money no matter what which you do.
Okay, it's not your address that makes you owe the money or not.
However, if you could, if you could show you did not ignore
it in an egregious way and it was never sent to you and had you
seen it, you would have paid it. Well, then they're going to
say, well, isn't that funny you didn't pay it when we were sending
it to the correct address. So I think what you need to do is
just talk to them, and usually they'll settle on those penalties, those civil
penalties. Were they willing to settle on the civil penalties? No, the
Yeah, the late sees and civil penalties, they wouldn't wave those without They
wouldn't wave them at all, not even part of them. Yeah. The
process they have set up is you can't really talk to anybody. You kind
of have to email a America dress. So I don't know who really is
any right charge. But my assessment was just that they were unwilling to listen.
I mean, I said, I'll pay the tolls. I just could
you wagh the fees? It doesn't make any time, you know, Okay,
Again, normally, if they show a wrong address and that you were
not being notified, they will waive the fees. There must be that that
not the not the tolls, but the penalties. There must be something that
they have to show that at least some of those notices went to the right
address. There might I mean, I I don't know, I mean maybe
not, but you could ultimately, I mean, you know, you you
got to appeal this in a court. I mean, I don't know how
to get around it. They have not tried to collect other than holding up
your registration is that right, right, which just happened. So this is
like maybe three years of three or four years of how much is the total
build? The total builds like nine hundred and ninety dollars or something, so
how much of that is penalty? Four hundred and sixty dollars? Holy crap,
So it like doubles. Yeah, wow, I and every email you
said you they totally said we are not waiving it. Yeah. That the
email is just the way that you can submit documentation. So I had responded
with all that information about wrong address, and they asked, did I get
some additional documentation? Which I did. I got the DMV record right,
It shows three addresses. One is the title address, one is the registered
address, one is the mailing address. So the mailing address and my registered
address show the correct address. The wrong address that they have is the title
the original address that I had. So they just neither have an updated their
record from you know, four years ago or something to make sure that it
was going the right place. Yeah. See, that's really complicated. Man.
I'm wondering if anyone else ran again ran up against this. No matter
what, you're going to owe the penalties you could send in that you could
send in the penalties. It's not gonna excuse me, send in the tolls
and say, look, you were sending these notices to the wrong address.
But I'm not, by the way, the fact that they were sending it
to the wrong address. I don't know. I mean, I think you
have a good argument if you can show. But they're saying, prove we
were sending it to the old address. Isn't that what they're saying, right?
Yeah, which is like, how do I do that? I don't
know. I don't know. I mean, I really don't. Did you
ever ever contacted anyone at your old address? You know? I was,
it was the we forwarded the mail from it. And you may have to
give up the ghosts man will I don't know what to tell you, bro.
I never I've never heard of them not willing to negotiate. Again.
This is the second time I'm hearing it today. But usually they just want
to hear from you, and they want to they want you to pay.
But they must, they must feel they sent them enough to your old address
when you were there and when you moved, like like you'd have to say,
like you said, about half the penalties were sent to the wrong address.
And half were sent to the right address. So their question is going
to be you didn't pay them when we sent it to the right address.
Or are you saying every one of them willing to settle? Yeah, I
mean, I guess the sieves or I mean, I didn't do that careful
of an accounting of what toll they right? See again, But it would
seem that even if they said okay, well we'll we'll have waived the fees
from you know, the years after you moved something that right wouldst reasonable.
But they're not doing that at all. That's because your pattern probably showed that
you weren't paying. Maybe that's what it is. I don't know what to
say. I mean, because they're gonna say, well, you're just looking
for a technicality now because you never paid them before when we were sending him
to where you did live and then when you moved, well, you know,
I mean, I think that's what's gonna happen. Or they're just gonna
wear you out because they don't care. They literally are the administrative state.
I mean, guys, I'm not telling you I'm in favor of this,
but you got to admit you did ignore them. But I will say this.
When you're up against an administrative state, it's you who has to spend
the money, and the money often doesn't equal the justice you want. Now,
I got to take a break, Mike, if you want to stay
on the line. You have a comment on this. Maybe I don't know
if it's for or against Mitch or whatever, but hang on. We'll come
to you right after this. All right. If you are looking for a
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dot Com. Hi Tom Marks, you know here, Mike. What is
your comment on tolls? Man? Did this hit a nerve? What is
your comment? Well, it's just a question. I amn't having the toll
road traffic violations, but I'm just wondering if you do have any on pape
is in this state, I guess it would be. There's a right to
not renew your driver's license or issue new tags. Well, yeah, but
that's what the legislature has given them. That's why they that's why they're hearing
from them all the time. Because of that, they have to have statutory
authority. They cannot do that as a regulatory body. It has to be
built into their to their authority. Okay, yeah, that's the only question
I had. Then. In fact, remember don't you remember there were there
were also laws deadbeat. They they passed for deadbeat child support and all of
that. The same thing for licenses, and uh, they the state legislature
often does that. They tie the privilege to the responsibility and they say,
now you don't have this privilege anymore. And yeah, they do it.
And in fact, I think, uh, didn't they even extend that to
parking tickets and stuff. It is it is a way to It is a
way to bring you to your knees basically, man. And I'm telling you
on this toll thing, it's just so easy to do it. To get
an account with these people. I have an account where it recharges like a
like a Starbucks. You know, you don't pay as you go, but
you you like, you put a lump sum there and then it pays down
and then when you get below a certain amount of recharges. I do you
do you have that? Frank Duran? Do you do you drive a lot?
To you? Yeah? Do you have the prepaid account? Right?
And then it's cheaper. Yeah, okay. Now on agency, a guy
called Earlier and said the real estate agent was giving her advice, was giving
her advice on what she thought, Oh, don't worry about the improvements,
about the basement, about this, they all look good. I would just
sign it. And then he was signing it, and then he felt really
mad about it because they were all done wrong. Now, obviously there's all
kinds of things this guy could have done with a home inspector, and and
and then you have to look on the disclosure sheet. But I'm wondering,
is a real estate agent is she doing something wrong by rendering that opinion?
Do you think, Frank? Well, you know, Tom. Under brokerage
duties on both the listing side and the buy side, it says this.
It says advising buyer regarding the transaction and advising buyer to obtain expert advice as
to material matters about which broker knows, but the specifics which are beyond the
expertise of the broker. So in other words, you're not allowed to give
advice beyond your own expertise. Absolutely well, how would you interpret that then?
If she was if she was saying, hey, don't worry about it,
and she said, well what about this? And what about that?
That broker should have said, if you have any questions, hire a contractor.
Right. Yeah, Tom, in my opinion, that was very careless.
I think you need to really point them in the right direction because as
could they go after you think a real estate broker or a real estate agent's
license. I'm not licensed, but the insurance for that potentially, Yeah,
I think I think potentially they would. They potentially have a case. Tom.
I mean that's if you look at what that really says. We're supposed
to get him in the right direction. Like if a real estate person,
once in a while we get complaints about this, Frank, a real estate
person will say, oh, this house is really good, you don't need
an inspector. Now there are people that say stupid things like that. I
don't think i'd get an inspector if I were you, and I've heard of
that we've had complaints about that. That would be totally out of bounds.
Oh yeah, In my opinion, that's also very careless, Tom. I
honestly I would never have a buyer ever. I would never recommend and if
they insisted, Nope, Nope, I don't want an inspection, I would
put in writing, Look, we'll do what you ask, But in our
professional opinion, we strongly this now what now on on another thing then,
because that's good for them to know if that agent truly did pressure them,
she could be held accountable. Now, on the other thing, have you
ever had a transaction where a seller did not want to do a disclosure statement
because they're not required. Now, if you do want, it's got to
be approved and it's got to be honest. But have you had ones that
were not where they said we were not doing one, or where you were
a buyer's broker and the seller would not provide a disclosure statement? You know,
Tom, I've had one and maybe the last ten years or that happened.
A gentlemen just absolutely refuse And I explained him, you understand, you
still have a verse material fact. You have to disclose by loss. So
even if you technically even if you don't do it, Yeah, even if
you don't do it, you still got to disclose at verse material fact.
Yeah, but it would be harder to prove you lied. Yeah, right.
And his philosophy is, yeah, I just I don't like the form.
He didn't like the form, So technically, what would you I would
advise, See, I would advise my buyer not to buy if if you
didn't have a disclosure share well with a lot of sellers got to realize too,
on that same seller's property disclosure that actually could work in the seller's favor
because there's a spot where the yeah, they say, well, yeah,
we we told you about it. Yeah, and it says buyer advisory as
well, you know, check it out for termites and this and that,
and there's a list of things. One time, years ago, I moved
an air conditioner. I had a contractor move in air conditioner because it was
uh, well I forget what it was, oh, because it was outside
the bedroom window or something making noise and we moved it. It didn't do
anything to anybody anywhere. We just moved it. They had to extend the
lines and all that, and I didn't get a permit for it, okay,
because when I went to get a permit, these were such pains in
the ass. They wanted to get well, how far is it from the
property line and blah blah blah, and I'm always doing is moving it down
the wall. And to be honest with Frank, I said the hell with
it, let's just do it. And I did it, so then I'm
going to sell and they asked, have you ever had any home improvements done
without a permit? And I thought, well, that's not a home improvement.
But at the time, my real estate person says, you should tell
them anyway, So I did. I said, I moved that air conditioner
without a building permit so they could have an inspectorcy if it was done correctly.
Having to permit or not is not illegal, it's just lying about it,
right, So then no buyer could say that I did it without telling
them, right ye. So but that's important. Now we have comments on
the four to seventy tolls plus an issue with windows. Chris, I hope
you hold on. We got to take this break. Euro Plumbing Colorado dot
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six eight four four. Tom Martino here with Frank Duran, the real estateman
dot com. No, now, Chris, what is your comment on E
four seventy tolls? Chris, Yes, sir. A few years ago I
had an old classic car. Yeah, and I ended up selling it about
two years ago. And uh, about a year later, I got two
notices about a month apart, uh saying that my my car and my license
plates were on the four seventy toll And so I talked to the four seventy
folks and they said, well, you need to clear it up with the
d m V people. And so when I went to the DMV, they
said, well, your license plates must be on that car, that's right,
but if you could show I want to tell you this, if you
could show that you you transferred title, they won't hold you responsible for that,
right. What ended up happening. I collect license plates, antique license
plates as well, and so I started thinking about it and it's like,
well, somewhere here in the garage, I must have my license plates,
because I don't you know, I learned from you years ago not to leave.
No, no, I don't leave the license R you sell it,
that's right. And so I started digging through the garage, digging through the
garage, and sure enough I found my license plates. So I went back
to the DMV and I said, here, here's my license plates, both
the front and back with the tags. And sure enough they you know,
after that, I uh, wait, wait a minute, So how did
they get that on camera then to charge you if you had them? I
have no idea. I have no idea how they did that in that car.
Wait a minute, so did they did they end up? Did they
end up taking the penalties off or the tolls? Yes, yes, they
took They took everything off once I showed my license plates to the DMB.
Now that's weird, that is totally weird. You're telling me that you had
license of tolls on that license plate, but you had both plates in your
garage. Yes, uh, that sounds I have Chris, I don't know
how that would happen. I mean, was it a phantom plate? They
took a picture of for goodness sakes, I mean, how the hell did
they get how? And it would have been different if it showed up on
a different car. But that plate to show up on that car and then
you had the plate in your garage? Are you sure it wasn't when you
owned it? No? No, that car had never been on the toll.
Like I said, it was a classic, and I just until you
sold it, you know I would. But but but when they sent you
the picture of the toll violation with the plate, did they have a photo
of the of it with your car in it? No? No, no
there was. Oh I would have asked for the I would have asked for
the for the photo. Yes, I should have. But no, yeah,
because I'll bet you well even if it was a different car. I
just I think they might have read the digits wrong on another car. That
very seldom happens. But anyway, thank you. Listen, Joe, you're
calling about windows. Are these the the Marvin windows, the Infinity windows?
Yes they are, yes, And you said in less than a week you
noticed air leakage, and neck Gen says the windows were installed properly, right,
Yeah, that's what they're saying. And now where do we stand today?
I think I gave you some suggestions to get an expert out there,
did you, Yes, I tried. You recommended K and H. So
I went ahead and called them, but they refused to come out because they
said it's not their windows and they don't want to touch them. That.
Uh and well I get it. Yeah, yeah, exactly. Sometimes listen,
sometimes that's what you get. In other words, they won't they want
that. Sometimes they do comment though on installations for us as an expert we
have so so is that what you're calling to tell me that you need an
expert to look at them? Well, yeah, that's what I've been trying
to do. And because I've called previously the last year or so a couple
of other companies, and it's the same thing. K and H said,
you know, well, they're not our windows, we won't touch them.
Dog gon it, dog on it. I want to get what part of
town are you in? I'm in loved One, Colorado. Oh that's one.
That's another pain. I'm I'm hoping I can find someone. Joe,
leave just hold on, leave your number, Hey, Kelly, let's put
the word out for an expert and then take his number. So we can
try to if do we have any experts that can get up there to Loveland.
I can't ask some of our people in Denver to drive up there for
a free inspection, but maybe we have someone up north. We'd have to
I have to go look. And meanwhile, if you guys know anything about
windows up in the Loveland area and want to help us out, but I
want someone with a lot of experience, because they're saying there's nothing wrong with
the window and it has to do with the house, and I have no
idea what I don't even know what that means. So hang on and we'll
we'll try to get a volunteer. Three O three seven to one three eight
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or in the evening for extra help, or you can just leave your
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it's super hot, you just turn that whole house fan on and it gets
rid of all that heat within minutes. Your air conditioner works less. So
however you want to use it qccolorado dot com, They'll put it in and
get this. It takes a couple of hours and then you have a lifetime
of comfort. So and it's not it's all remote controlled too, So I
better, I better rind this up because I have so much to say about
it. I absolutely love it. Qccolorado dot com three oh three, eight
hundred thirty four nineteen, eight hundred thirty four nineteen. Genesis Total Exteriors is
a company that I have known and trusted for twenty five years. Mark Shamansky
and his team will take care of your house everything on the outside of your
house, roofing, gutter, soffit's facia, siding, stucco, windows,
doors, decks, painting, and get this, they do mold inspections,
so if you have mold, they can look at it, tell you how
bad or good it is, or how you know what you have to do
to get rid of it. And they give you honest assessments without fear mongering.
Genesis Tootalexteriors dot com. I like these people in an industry where it's
hard to find good people. Home construction. You can find Genesis Tootalexteriors dot
com. Three oh three six seven nine eight five zero nine. Hey Tom
Martino, you're a troubleshooter three O three seven one three talk seven one three
eight two. Well, I don't know. You call three oh three Martino
because we're almost done and then you can get on the next show. So
we're talking to Frank durand the real estate man about real estate, and I
want to get some closing, some closing thoughts here, Frank. Right now
you're saying houses are brisk, they're moving. Yeah, yeah, they're moving,
Tom, But I'll tell you there's not in a week. Oh yeah,
tell you what price. I'm right, because there's more inventory, buyers
can be more picky now. So there what's the average time on market?
Now? About? Do you know? Last I checked, I think we're
a little over thirty thirty two days or so. Okay, Yeah, isn't
that funny? That's still lightning fast. That's not too bad, Tom,
because you know, hell, you've been back in two thousand and eight.
Boy was some of these listings had birthdays on them after a year. You
know, that's right? Yeah, but it's important not to price too much
right front or too little right so you don't want you Obviously you're not going
to raise as you go, but you don't want to have something that's priced
so high you have to keep hammering again because that hurts you more. In
the long run, you end up taking a bigger loss, usually over time,
whereas you get multiple offers. Still, yeah, we still are Fad.
That's why he was working late last night. Tom. You know what
I've said. You can't do wrong with Frank Duran the real estate Man dot
com three h three nineteen zero sixteen twenty two. Thanks for being her,
Frank, And remember, folks, don't forget REO three Martino and we will
work you into the show without a way. Three oh three six two seven
eight four six six for help