WEBVTT

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Yeah, rip dum, you need
advice so you don't have come running just

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as fast as we can. Shooter's
gonna help coming Man Dix. Is the

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Troubleshooter Show. Now, Tom Martino, Hi, Tom Martino. Here.

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This is the Troubleshooter Show. Consumer
advocates fighting for you, solving your problems,

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answering questions, and taking complaints.
Listen when we're here or not here.

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Three oh three Martino passing around.
That's the place to get in touch

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with us for help, information and
referrals. Three oh three, seven to

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one three A talk is the regular
number. But three oh three Martino three

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oh three, six two seven eight, four sixty six. Keep that in

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mind. This is how it brought
to you by you're a plumbing Colorado dot

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net. Let me just explain that
to you water heaters that the best price

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is ever starting at thirteen ninety nine
for a forty gallon fully installed the old

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one, taking out hallaway, then
fourteen ninety nine for a fifty gallon,

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no one can touch it. If
you're looking for a water heater, Raim

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or Aosmith euro Plumbing Colorado dot Net. Angela wants to talk about cosmetology school

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coming up. We'll talk a little
bit about my retirement summit tonight with a

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retirement planning center of the Rockies.
We'll talk about also the Supreme Court.

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Mark is watching that right now.
The Supreme Court hearing oral arguments on whether

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Trump can be allowed on the ballot. This is of the utmost importance when

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it comes to overall the country.
Basically, we talk a lot about on

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the show about things that make us
tick, things that tick us off,

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like A I like to say,
I personally think, I don't know,

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like I'm not making a prediction,
but this court seems to be a really

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strong advocate of states rights, especially
like when it came to the abortion issue,

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they said, look, this is
what each state can make a decision

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for themselves. We're not making it
a federally protected constitutional right. What they

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do with this is anyone's guests.
Of course, you can always weigh in

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on it if you're listening. Then
there has been major major news in stem

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cell therapy and the Ninth District Court
out in California. We'll talk about that.

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The major news, Angela, what's
going on with you? Hello,

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Angela, are you there? I'm
here? What's happening? So I attend

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IBMC Community College. Now what community
college is that IBMC? I bet it's

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in Longmont. They have three campuses. There's one in Longmont, Fort Collins,

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and Greeley. They used to have
more, but a few of them

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have been shut down. Okay,
so you're in the Fort Collins campus and

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what's going on. I'm in the
LONGMNT Campus. Oh, long Mont?

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Okay, got you long Mont.
So I've had several problems. I've been

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going here around six months now,
starting at the beginning, this is probably

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about five months ago. There's a
girl who put up a petition because we

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don't have the things we need there
that they're supposed to be supplying. So

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one thing to note is that they
were in the middle of a merger the

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guy that owns the place. My
friend has an own video and everything that

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she's talking to a teacher, and
they got caught. He got caught stealing

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money or and buzzling money somehow from
the school. Needless to say, our

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vendors stopped providing to the school.
So this is obviously a private school.

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Is it accredited? And yeah,
it is, it is. It's accredited.

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You can transfer these credits to any
four year school well, no,

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no, they told me, because
I did talk to them about that.

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They did say it's an accredited school. But what he did tell me,

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Michael baby the I guess he's not. He's not the CEO, he's one

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QUES. I don't care about any
of that. What I care about is

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this. Is this a trade school
or is this a true community college?

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I guess it would probably be more
of a trade school. I don't know

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because I can't transfer, except well, what areas of study? Like?

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What areas of study? Do they
have? Cosmetology and medical? Okay?

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And in the medical part it's not
nursing, is it o? Yeah,

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it is. My friend's actually going
for medical right now in the ninethe Okay,

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So what do they become when they
leave there? A CNAs? Okay,

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so it's not okay. I'm looking
at their website now and I can

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see that this is basically it says
it's been around for thirty years, career

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training more than it's more of a
trade school, and it's let's see what

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they say accreditation. They say that
it is accredited, and it also says

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that accredited by career schools and colleges. It's okay, a nonprofit group,

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but I'm not sure anyway. What
I was trying to figure out is did

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you get a student loan? By
the way, I no, I'm playing

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with cash? Okay? And are
you going to be able? I understand

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you're having problems and you're pissed off
at the school, but are you going

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to be able to finish and get
your certificate or whatever they give you?

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Yeah? Yeah, So let's talk
now about the problems. The problems are

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not keeping you. How you've been
there? How long more do you have

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to go? You've been there for
a few months? How long do you

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have to go? About six months? Okay? Will you be able to

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if everything remain the same, will
you be able to complete your course?

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Yeah? Now what are you taking
from? Cosmetology? And? Okay?

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So now again I'm asking this for
a reason. What do you want?

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You know? I want fairness in
this school and for them to be professional.

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Really, that's that's the biggest thing
for them. You heard a lot

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of people, you heard a lot
of people complaining. You've observed a lot

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of problems, and you thought,
you know what people should know about this?

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This school should be held accountable.
Are they cheating anyone? Do you

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know or are they just you know
schlocks they're cheating people? Yes? What

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way? How are they actually cheating
people? Just like when I signed up?

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So my friend took this course five
years ago, I know everything that

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was supposed to come in or kit
and we didn't get half of what was

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supposed to come. And give me
an example of something really eating at you

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that you didn't get well for me
personally, it would be like all the

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skaincare products. Okay, there,
but that's what I'm asking. They're not

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cheating, like taking money and not
not doing the education you're we're talking about.

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I know they're big things to you, but little things here and there

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they're they're they're like skimping. Yeah. Yeah, What are the students doing

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about it? Are there students in
other programs also upset? Or are they

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all in cosmetology? Oh? No, other students as well in medical.

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Give me an example like of what
people are complaining about. Do you guys

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have meetings or is it on social
media? Where do you guys talk?

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Well, several times students have gone
and tried to talk to Michael to fix

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the problems. And Michael is who
he's one step down below the CEO.

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He manages all the campuses. Okay, and so have you guys met with

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Michael. Yes, my husband actually
went in there and had a meeting with

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him personally as well. And what
did Michael say? Nothing? He just

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basically gave him a round about you
know that they're the best school and this

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is why we should be here,
And I don't know. And that's funny

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too, because the price went up
four thousand dollars and we still didn't get

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half of what it was in our
kids. Now, when you see in

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your kids, was there a contract
somewhere that spelled out what you were supposed

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to get that you didn't get?
Like, can we point can we call

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them and say, listen, we
heard from a student. She's unhappy.

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She said she didn't get what she
was supposed to get. Where is that

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list of what you were supposed to
get? Not what your people used to

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get, but where they obligated themselves
by contract or anything. Do you have

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anything like that? I well,
on the internet website, we do have

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a picture before they changed it that
this is what you'll get when you sign

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up. I but but, but
okay, but that's not a contract.

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What I guess what I need to
know is when you signed up. Is

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there anything that guarantees a certain amount
of stuff that you did not get?

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I guess that would have to actually
look through it. I don't That's what

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I'd love to know. I mean, we will, we would call the

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school, but I'll tell you right
now, if we call the school,

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they're going to say, well,
you know, we're doing the best we

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can. Uh. You know they're
not going to say. We can't say

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to them you're cheating students. How
would I prove that they're cheating unless you

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signed a contract or some kind of
an agreement that said you were going to

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get this, this and this or
another program. I do have one thing.

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My friend Destiny on the medical program
at Night, still has not received

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her laptop and that I know she
was supposed to get for sure. Can

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you also have her contact us?
We will call the school if you can

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do that for us. I just
need to hear some solid breach of contract.

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And I don't doubt what you're saying
is true. And I know a

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lot of people get upset about things, but what we really need is to

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see how they're violating promises or marketing
promises. That's really the one now Connie

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called yesterday. I want to take
her real quick. So call us back,

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please, Angela, or have that
person Causse or look through your own

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contract and give us something we can
go to them with. Connie, when

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you called yesterday, I have this. I was just looking at your call.

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You said they totally al from Waterfront
Apartments, and I said, okay,

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here's the deal. If your son
parked there, even though it was

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his truck, it was newly his
truck, he went across the street and

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he he got towed. And I
said, on the surface, it looks

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like nothing was wrong. I said, if you did he comply with anything

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what had to be done or or
you know. And then I wanted to

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also give you the good news,
and that is, no matter how much

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you owe or they say you owe, they have to finance it for you.

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They have to allow you to get
it out of there, so you

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don't have to pay the full amount. Are they insisting on the full amount?

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Well, the deal is is you
know you were talking about registering with

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the apartment complex. Well, the
office closes at five. No, I

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get that, but that's not that's
not their problem. I don't want to

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I don't want to keep going over
this. I'm going to take you see

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con Connie. I promise you I'm
on your side. But I need to

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tell you this. On the surface, your son took a vehicle they never

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seen before. It doesn't matter if
he owned it, it never was there

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before. He parked in the parking
lot, got out of the truck and

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went across the street to eat.
They did nothing wrong by towing it,

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Okay, nothing. What I need
to know is if they are now going

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to do things correctly, and that
is to allow you to get the truck

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back or the suv. Allow you
to get it back for the amount I

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forget what the law specifies specifies,
but they have to allow you to make

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payments. They can't hold it hostage
for the whole amount. No, they

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want the full amount. No,
this is Wyats. I understand it's Wyat's

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and I know why it's got into
trouble with the state. Did you call

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the Public Utilities Commission? Yeah,
yes, we filed a complaint. And

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what did they say. I haven't
heard a respond yet. Okay, you

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here's the deal. They need to
let you finance it. Do you have

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a contact at Wyatts you've been talking
to. I can't remember what the lady's

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name is. But I'm just really
you know, I'm older, and I'm

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really Connie. I know you're upset. I know you're upset, but something

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you're not going to want to hear. I don't think they towed it illegally.

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I don't think they did. You
seem to think that because your son

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owned this truck or this SUV,
Suzuki or whatever, that they're supposed to

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know that and not toe it because
he lives there. But he did not

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comply with them. There are signs
all over that says you need a permit.

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He did not have a permit.
Your excuse is the office was closed.

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Well, if I buy a car
and I don't have a driver's license,

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I can't say, well, DMV
was closed. You just can't.

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I promise you that is not an
excuse. Okay. He should have waited

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until the office was open registered the
vehicle and then he could have then he

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could have parked there, or he
should have never just parked and gone across

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the street. I'll bet you someone
there, either a management or someone from

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Wyatt's, was watching to see that. That's what they do on these private

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lots. They looked to see for
people that park and walk away. He

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didn't even go into the apartment complex. He went and did he park in

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visitor parking? And if he did
and went in in his parking? Okay,

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again you understand what I'm saying.
I'm not going to say it again.

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Three oh three seven to one three
talk seven one three eight two five

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five. We need to call Wyatts. We need to call them and see

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why they are not allowing her to
finance it. So let's give the Let's

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see if Deputy Chopper can call them. Let's just call them and and here's

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what we ask. Okay, why
are you not following the toe bill?

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You look it up, Chopper.
I think they have to take like only

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a certain amount of money and then
they have to allow her to take the

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car and make payments. Now you
still have to pay, but they can't

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hold it for the full amount.
I'm Tom Martine Moore coming up. Go

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00:15:37.360 --> 00:15:41.600
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Excel Roofing dot com. You don't pay

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of insurance companies. Find out now
three O three seven seven to one help.

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You'll think you're his only customer when
you choose Frank Ran the real estate

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00:16:00.879 --> 00:16:04.320
man dot com to list your home
with Remax Alliance three all three nine two

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zero sixteen twenty two. Hi Tom
Martinez here three all three seven one three

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talks seven one three A two five
five. I want to continue, Brenna.

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Is it Brenna or Brianna. I'm
sorry, Brianna, I misread that,

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Brienna. What's going on? Hi? Hi? What's happening? Yes?

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I have actually just become a new
homeowner in Colorado Springs, moved from

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Denver. Now was it a new
home or a pre existing home? A

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pre existing home new to us?
But okay, and what's going on?

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We had our reelers to help us
to purchase the home, and I guess

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it seemed as though he had worked
with the seller before, because the seller

207
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is an investor and you know,
flits houses and things like that. Wait

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a minute, Wait a minute,
who listed this home? The guy that

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sold it to you didn't list it, did he? No, the realator

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didn't sell it. Well, the
relator sold it to us but we had

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found it on zillow. Okay,
I got it. But he knew the

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cellar. There's nothing wrong with him
knowing the cellar. However, however,

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he has a fiduciary responsibility as your
agent to act on your behalf for your

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best interests. So what happened?
Oh yeah, So we had started the

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process back in October of last year
of getting the house. You know,

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we saw it during the Memorial I
think it's one of the Memorial Day like

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00:17:48.319 --> 00:17:52.720
the hot air balloon flights in Colorado
Springs. Yeah, where they send off

218
00:17:52.759 --> 00:17:56.359
all the hot air balloons. Yeah, we were walking by and we were

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00:17:56.400 --> 00:17:57.599
like, is that the house we
sold? You know, it's not on

220
00:17:57.759 --> 00:18:00.880
the zero anymore. What's going on? So we, you know, stopped

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00:18:00.880 --> 00:18:06.880
by after the parade kind of and
we call it the realtor. You know,

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he's like, oh, yeah,
no problem. You know, you

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guys can go ahead and look inside. When you called the realtor, hold

224
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on, was it off the sign? Yeah? Off the sign in front

225
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of the house. Yes. Okay, Well that's going to complicate things because

226
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okay, keep going. So we
spoke to him, He's like, yeah,

227
00:18:26.480 --> 00:18:29.559
let's go ahead and you know,
look into things you know financially.

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See if you guys, can you
know, purchase the house. We're like

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00:18:32.319 --> 00:18:34.960
great, you know this is amazing
because being in Denver, we haven't been

230
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able to compete, you know,
with other I just want you to know

231
00:18:38.160 --> 00:18:41.119
something, Brianna. I don't know
what's going on with this problem, but

232
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I just want to give you a
preview. The fact that you called the

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listing agent first and the listing agent
engaged with you takes it off the table

234
00:18:51.440 --> 00:18:52.920
for a buyer's agent. Okay,
I just want you to know that.

235
00:18:53.000 --> 00:18:56.799
So you complicated things. So when
did you bring in a buyer's agent.

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We didn't. We went with you
just told me. You just told me

237
00:19:06.000 --> 00:19:11.200
that the guy you had as your
buyer's agent knew the guy who was selling

238
00:19:11.240 --> 00:19:18.680
the house. Yes, well,
you didn't tell me he represented the guy

239
00:19:18.119 --> 00:19:25.519
selling the house. Yes, so
he was not hold On, he was

240
00:19:25.680 --> 00:19:30.799
not your buyer's agent. Nope.
Did he make that clear to you?

241
00:19:33.359 --> 00:19:37.759
I think he made it clear to
us that he would be representing both of

242
00:19:37.880 --> 00:19:41.359
us. And well, okay,
hold on, if he wanted to represent

243
00:19:41.480 --> 00:19:48.920
both of you, that's called a
transaction broker. Your contract must clearly specify

244
00:19:48.359 --> 00:19:56.000
whether he is a seller's agent,
a buyer's agent, or a transaction agent.

245
00:19:56.279 --> 00:20:00.839
If this is sounding very complicated,
you you assumed he is your agent.

246
00:20:00.160 --> 00:20:07.319
He was not your agent. What
happened then? Then we had the

247
00:20:07.359 --> 00:20:11.680
inspection done for the sewer of our
house. We had what is the name

248
00:20:11.720 --> 00:20:15.119
of the company. I think it
doesn't matter, Keep going. You had

249
00:20:15.160 --> 00:20:21.440
inspections done, what else we haven't? And we we had it come back

250
00:20:21.480 --> 00:20:26.119
with the report that there was an
impassable blockage. I being the first time

251
00:20:26.160 --> 00:20:29.240
home buyer, I'm twenty three years
old, I had no idea what this

252
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meant. My husband was so completely
you know, out of it with trying

253
00:20:33.319 --> 00:20:36.400
to figure out, you know,
how we were going to get all these

254
00:20:36.440 --> 00:20:40.200
open houses so we could sell our
current condo. So he wasn't, you

255
00:20:40.240 --> 00:20:41.759
know, thinking too much into it. He had also, you know,

256
00:20:41.839 --> 00:20:45.559
previously bought properties with his family.
Okay, so keep going. So you

257
00:20:45.599 --> 00:20:49.720
had a blockage. And by the
way, here's another thing. I would

258
00:20:49.759 --> 00:20:57.200
never allow sellers to fix anything.
I would demand that I have allowances to

259
00:20:57.279 --> 00:21:03.880
fix them based on pre exact estimates
that I've gotten. But I assume they

260
00:21:03.920 --> 00:21:10.039
said they would take care of the
blockage. I know, because we you

261
00:21:10.079 --> 00:21:12.039
know figured that. Oh, it's
just something we can fix when we get

262
00:21:12.079 --> 00:21:17.200
there. It's so you knew about
the blockage, and you did not demand

263
00:21:17.680 --> 00:21:21.759
that the seller fix it. You
bought it with a blockage. We bought

264
00:21:21.759 --> 00:21:23.720
it with a blockage. Yeah,
okay, so keep going, keep going

265
00:21:26.400 --> 00:21:29.200
where we're you know, coming into
the house. Well, I'm telling you,

266
00:21:29.279 --> 00:21:32.720
man, you did this with knowledge. Uh so you went into the

267
00:21:32.799 --> 00:21:36.279
house. Did you later find out? Are you could just tell me a

268
00:21:36.359 --> 00:21:38.599
yes or no so we can get
to the point and and and and try

269
00:21:38.640 --> 00:21:45.160
to help you. Is this the
point of contention, the blockage? Yes,

270
00:21:45.359 --> 00:21:49.599
yes, okay, that's why you're
calling. You bought the house with

271
00:21:49.720 --> 00:21:55.519
a blockage and found out it was. It was not easily cleared. You

272
00:21:55.599 --> 00:22:00.880
probably have to replace your line.
Yes, we do have to replace the

273
00:22:00.920 --> 00:22:04.559
line. And how much is it
going to cost you? Right now?

274
00:22:04.640 --> 00:22:08.559
About? I think we were saying
eight to nine thousand Okay, you just

275
00:22:08.599 --> 00:22:15.799
bought yourself a house and paid eight
to nine thousand more. There is Brianna,

276
00:22:15.119 --> 00:22:19.200
I am telling you there is nothing
you can do if what you're telling

277
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me is how it went down,
If you had an inspection done and accepted

278
00:22:23.720 --> 00:22:33.200
it, you accepted it we did
accept it. Now it would be different.

279
00:22:33.279 --> 00:22:37.400
Hold on, Let's say the seller's
agent who you were dealing with,

280
00:22:37.559 --> 00:22:42.160
lied to you about the blockage and
said to you, or the seller lies

281
00:22:42.200 --> 00:22:47.079
to you and said, you know
what, Brianna, this is a minor

282
00:22:47.160 --> 00:22:51.440
blockage. It can probably be cleared
for a few hundred dollars. Now,

283
00:22:51.799 --> 00:22:56.759
I don't know if you have any
lies. Lies would count? Did they

284
00:22:56.799 --> 00:23:02.920
lie to you? I feel it
sold them. Not asking how you feel.

285
00:23:03.319 --> 00:23:07.720
I am asking you if they lied
to you once once I told him

286
00:23:07.759 --> 00:23:11.400
about this, you know, being
a bigger issue than we thought it would

287
00:23:11.400 --> 00:23:15.640
be, he said, I asked
you when we did the inspection, because

288
00:23:15.759 --> 00:23:18.319
at the time we were in Denver, it was the middle of the week.

289
00:23:18.440 --> 00:23:22.680
I have banda get up here for
Branna. That's after the sale.

290
00:23:22.720 --> 00:23:26.160
Here's what I'm asking you. I'm
asking you this at the time of the

291
00:23:26.200 --> 00:23:33.359
inspection, at the time of the
blockage, at any time prior to the

292
00:23:33.400 --> 00:23:38.200
closing, did they lie to you
about the blockage either not being there,

293
00:23:38.680 --> 00:23:45.720
being very minor, or not being
a big problem. The seller did not

294
00:23:45.960 --> 00:23:52.640
comment whatsoever on the plumbing status of
the house in the seller's disclosures. That's

295
00:23:52.680 --> 00:23:59.799
that's a red flag right there.
Okay, but that's not illegal. That's

296
00:23:59.839 --> 00:24:04.240
not illegal. That's not illegal to
know and not do anything about it.

297
00:24:04.440 --> 00:24:10.240
Will hold on? Wait wait,
wait, wait, it's not illegal to

298
00:24:10.519 --> 00:24:18.400
know and not lie about it.
It's illegal. On that disclosure sheet,

299
00:24:18.839 --> 00:24:25.079
there's a yes, a no,
or I'm not aware. What did he

300
00:24:25.319 --> 00:24:30.319
check when it came to plumbing.
Nothing? He left it blank. Okay,

301
00:24:30.920 --> 00:24:34.480
then that was your problem for accepting
it. Yeah, whoever your realture

302
00:24:34.640 --> 00:24:38.319
was was a dumb ass. That's
well, she didn't have a realtor mark

303
00:24:38.720 --> 00:24:42.599
she had. I guess that makes
her that that's right, she had a

304
00:24:42.640 --> 00:24:49.839
seller's agent. These people were were
basically marks. They came in and basically

305
00:24:49.920 --> 00:24:55.720
were played. But listen, they
they probably got around it. But I

306
00:24:55.799 --> 00:24:59.759
want to know something. If you
said to them, I just want to

307
00:24:59.759 --> 00:25:03.440
know what this seller's agent said.
If you said after the sale, wait

308
00:25:03.480 --> 00:25:07.640
a minute, this is going to
cost us nine or ten grand to fix?

309
00:25:07.319 --> 00:25:14.640
And you know did you and your
seller did not disclose anything about the

310
00:25:14.680 --> 00:25:17.839
plumbing? What did the guy say
about that? Or the woman? Is

311
00:25:17.880 --> 00:25:21.640
it a man or woman? It's
a man? What did he say about

312
00:25:21.640 --> 00:25:25.759
it? What did he say about
it? Yeah? He said essentially that

313
00:25:25.839 --> 00:25:30.400
we didn't ask any questions, we
didn't ask him to pursue the infection findings

314
00:25:30.440 --> 00:25:33.119
any further. And I think he's
telling you the truth. I mean,

315
00:25:33.160 --> 00:25:36.880
you could have said, you could
have gotten an estimate on what it would

316
00:25:36.880 --> 00:25:42.319
cost to fix Brianna. I think
listen, here's what I think. This

317
00:25:42.359 --> 00:25:45.480
does not make me happy. I
want to help you. You're twenty three

318
00:25:45.519 --> 00:25:51.640
years old. But the point is
this, I don't think anyone did anything

319
00:25:51.680 --> 00:25:56.680
wrong except you and your husband.
Honestly, I'm just trying to be straight

320
00:25:56.720 --> 00:26:00.000
with you. I don't want you
to waste a lot of time and energy.

321
00:26:00.799 --> 00:26:04.119
You know, nothing nothing illegal that
I hear, but definitely immral,

322
00:26:04.400 --> 00:26:08.240
I mean he screwed her. Yeah, I mean if this plumber, if

323
00:26:08.240 --> 00:26:15.880
this seller, if this seller did
not, if this, you know,

324
00:26:15.920 --> 00:26:22.880
what would be bring hold on?
You're assuming the seller knew about it.

325
00:26:22.079 --> 00:26:26.759
Prove it, Prove it. I
was That's what I was going to say.

326
00:26:26.759 --> 00:26:29.960
Why don't you talk to the neighbors. Why don't you start doing some

327
00:26:30.599 --> 00:26:34.160
leg work and figure out if he
mentioned anything to his neighbors about it.

328
00:26:34.160 --> 00:26:38.200
But even if okay, let's say
the neighbors saw sewer crew out there that

329
00:26:38.240 --> 00:26:41.720
would be evidence that he knew something
was up. But here's my question,

330
00:26:42.039 --> 00:26:45.680
and I think we need to get
Frank Durand in the real estate Man on

331
00:26:45.000 --> 00:26:51.920
to make and only if he can
actually say, if you leave it blank?

332
00:26:52.119 --> 00:26:56.200
Is there a problem with that?
I guess there would be if she

333
00:26:56.440 --> 00:27:02.119
objected to it. The point is
this just closure. Statements are not required,

334
00:27:03.160 --> 00:27:07.279
so I don't think you're even required. If they said nothing, I

335
00:27:07.319 --> 00:27:11.759
think that was your clue. Hold
on, though, and we will get

336
00:27:11.799 --> 00:27:15.119
an expert opinion. Three oh three
seven one three talk three oh three seven

337
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338
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339
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340
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341
00:27:41.160 --> 00:27:44.960
oh three seven seven to one help. You'll think you're his only customer when

342
00:27:45.039 --> 00:27:48.759
you choose Frank Durand the real estate
Man dot com to list your home with

343
00:27:48.880 --> 00:27:55.119
Remax Alliance three oh three nine two
zero sixteen twenty two. Hi, I'm

344
00:27:55.160 --> 00:27:57.039
Tom Martino. Your troubleshooter three oh
three, seven one three talk, seven

345
00:27:57.079 --> 00:27:59.920
oh three, eight and five.
I've got to get to the phones.

346
00:28:00.039 --> 00:28:03.559
But Mark's been listening to oral arguments, and we talked about the two ways

347
00:28:03.599 --> 00:28:07.359
it can go. It can be
universal for all states if they rule on

348
00:28:07.440 --> 00:28:11.119
the law, if they found the
court did something wrong or the lawyers or

349
00:28:11.119 --> 00:28:14.480
something procedurally, they'd have to refile. It would be a mess. But

350
00:28:14.720 --> 00:28:18.119
we'll talk about that coming up.
Okay, now is this Andrea? Is

351
00:28:18.160 --> 00:28:22.839
that? Am I pronouncing that right? Irea? I'll have to teach Kelly

352
00:28:22.920 --> 00:28:26.960
how to phonetically spell. But is
it Andrea or Idria? Andrea's correct?

353
00:28:27.359 --> 00:28:33.119
Andrea? What's going on? Well, I was told to reach out to

354
00:28:33.200 --> 00:28:37.839
you by a friend who was having
some legal issues in her past. That's

355
00:28:37.920 --> 00:28:41.759
kind of what I'm dealing with right
now. Is kind of okay, Well,

356
00:28:41.119 --> 00:28:44.920
listen to this here. I'm glad
to listen. I hope we can

357
00:28:45.000 --> 00:28:48.200
help you, but and I hope
your friend didn't steer you wrong. What's

358
00:28:48.240 --> 00:28:52.559
going on? Well, basically,
I'm kind of like in the middle of

359
00:28:52.640 --> 00:28:59.720
like a surprise, like custody battle
surprise. How is a surprise? It's

360
00:28:59.720 --> 00:29:03.880
not a surprised, But so I'm
currently co parenting with what my one year

361
00:29:03.920 --> 00:29:10.319
old's father, and I'm expecting another
child by him, and we weren't really

362
00:29:10.359 --> 00:29:15.000
getting along, and so our last
day that I sent my daughter with him,

363
00:29:15.079 --> 00:29:17.599
he decided to keep her, and
then he went up to the courthouse

364
00:29:17.640 --> 00:29:21.680
and then filed paperwork on me for
custody. But he's refusing to let me

365
00:29:21.720 --> 00:29:25.079
see or have any contact with my
daughter until our first official court date,

366
00:29:25.359 --> 00:29:27.039
which wouldn't be until the end of
this month. What did the court's rule?

367
00:29:27.119 --> 00:29:32.640
Did they do any emergency room ruling
at all? They haven't done anything

368
00:29:32.759 --> 00:29:36.960
yet because I have been kind of
business work and then trying to figure out

369
00:29:36.960 --> 00:29:38.559
things in between trying to go to
work and go to the court. That

370
00:29:38.680 --> 00:29:44.279
was his claim when he filed.
Did he make any claim, I'm not

371
00:29:44.319 --> 00:29:47.200
sure, but he's what from what
he told me, he wants to try

372
00:29:47.240 --> 00:29:49.480
to do fifty to fifty custody with
my daughter. But you know, he's

373
00:29:49.480 --> 00:29:52.960
doing kind of his legal version of
kidnapping my daughter. Because wait a minute,

374
00:29:53.079 --> 00:29:56.039
I thought you had fifty to fifty
or not. You didn't. We

375
00:29:56.079 --> 00:30:00.759
didn't have a court order yet,
so we were okay. So he wanted

376
00:30:00.759 --> 00:30:03.000
to make it official. Yeah,
he wanted to make it official, and

377
00:30:03.039 --> 00:30:06.799
then he kind of just I went
when it was my day to get my

378
00:30:06.880 --> 00:30:08.079
daughter, I went to send him
a text message. I get it,

379
00:30:08.799 --> 00:30:17.240
and uh yeah, now here's the
problem technically with no order and you both

380
00:30:17.319 --> 00:30:19.200
being biological parents. By the way, this is not legal advice. I'm

381
00:30:19.240 --> 00:30:22.559
just going by what experts have told
me in the past, and we can

382
00:30:22.559 --> 00:30:27.279
get one on. But normally,
normally biological parents have equal rights. Okay,

383
00:30:27.400 --> 00:30:33.039
unless the courts took one away or
unless they allocated more parenting time to

384
00:30:33.079 --> 00:30:37.640
one than the other. So he
didn't really technically do anything wrong. Yeah,

385
00:30:37.799 --> 00:30:41.240
yeah, I know the technicality is
behind that for sure. So right

386
00:30:41.279 --> 00:30:48.319
now, what I think you should
do instead of fighting this temporary crap is

387
00:30:48.440 --> 00:30:53.079
work on the fifty to fifty unless
you think that would not be in the

388
00:30:53.119 --> 00:30:56.079
best interest of the child. That's
what they care about. They don't care

389
00:30:56.119 --> 00:31:00.440
about you or him. So what
do you think now? Does he have

390
00:31:00.519 --> 00:31:06.480
an attorney? He might, He
told me that he has. You know,

391
00:31:06.559 --> 00:31:10.319
he's been telling me one thing and
you know, then another thing happens.

392
00:31:10.759 --> 00:31:12.799
So I'm never I'm not really sure. All I can do is kind

393
00:31:12.839 --> 00:31:17.680
of wait to deserve the so called
papers that he filed. I filed my

394
00:31:17.799 --> 00:31:19.599
own, but like I have been
waiting for a court day to pop up

395
00:31:19.599 --> 00:31:22.519
and nothing has come up. But
the reason what I was kind of calling

396
00:31:22.640 --> 00:31:29.000
is because I kind of just was
trying to see about getting like some support

397
00:31:29.079 --> 00:31:32.519
for myself because I feel like he's
he's saying that he wants to make it

398
00:31:32.559 --> 00:31:36.119
fair, but he's like, I
don't think when you say support, what

399
00:31:36.160 --> 00:31:37.640
do you mean? I mean,
like, well, because I kind of

400
00:31:37.640 --> 00:31:42.440
don't have like money for a lawyer
at the moment, And okay, lawyer

401
00:31:42.480 --> 00:31:48.599
that that's that's unfortunate if you don't
have Does this guy have an attorney?

402
00:31:48.640 --> 00:31:51.880
That I asked you that? Did
you tell me he does? He have

403
00:31:51.960 --> 00:31:55.279
someone? I'm pretty sure he does
from what he told me he said he

404
00:31:55.319 --> 00:32:02.839
does. Okay, I gotta figure
oute you see, let's let's call we

405
00:32:02.880 --> 00:32:07.559
need to call one of our family
law attorneys. Can you get Harrison,

406
00:32:07.839 --> 00:32:10.640
one of the people at Harrison and
see if they're what people do when they

407
00:32:10.839 --> 00:32:15.400
are indigen or don't have the money
for an attorney and they're being challenged or

408
00:32:15.440 --> 00:32:19.279
can't Bonnie shield time, Yeah,
Bonnie Shields would be great to Bonnie Shields

409
00:32:19.359 --> 00:32:22.319
Law. Hold on, I think
I spoke with someone from the Harris Law

410
00:32:22.359 --> 00:32:24.400
firm too, but they I don't
think they were a little bad on my

411
00:32:24.480 --> 00:32:29.079
price range too. But did they
say there was any free help available?

412
00:32:30.039 --> 00:32:32.240
Well, there was one place that
I forget what exactly the name of,

413
00:32:32.359 --> 00:32:36.880
but it was like Colorado Legal Law
or something you got to get You basically

414
00:32:36.960 --> 00:32:38.599
get on a list. But Bonnie
can tell you that. And all the

415
00:32:38.640 --> 00:32:44.319
attorneys in Colorado with family law,
they get assigned stuff each year, but

416
00:32:44.400 --> 00:32:52.359
it is a list. You have
to get on the list and go with

417
00:32:52.440 --> 00:32:55.519
a sure thing. Denver's Best Roofer
Excel Roofing dot com. You don't pay

418
00:32:55.559 --> 00:33:04.640
a cent until your content time for
an insurance check up free no obligation comparison

419
00:33:04.759 --> 00:33:08.880
call Compass Insurance paying too much your
coverage at dozens of insurance companies find out

420
00:33:08.880 --> 00:33:13.440
now three all three seven seven to
one help. You'll think you're his only

421
00:33:13.519 --> 00:33:16.359
customer when you choose Frank durand the
real estate Man dot com to list your

422
00:33:16.359 --> 00:33:23.440
home with Remax Alliance three all three
nine two zero sixteen twenty two. Hi

423
00:33:23.640 --> 00:33:28.400
Tom Martino, your troubleshooter three all
three seven one three talks seven one three

424
00:33:28.400 --> 00:33:30.880
eight two five five Frank durand the
real Estate Man. I want to get

425
00:33:30.880 --> 00:33:36.440
you on real quick. Frank,
Hey, Tom, good morning, real

426
00:33:36.519 --> 00:33:38.400
quick. Don't I don't even know
if we're gonna have time. We're gonna

427
00:33:38.400 --> 00:33:42.200
be out in thirty seconds, so
I'm not gonna bother Frank. If we

428
00:33:42.279 --> 00:33:45.920
can call you back, it would
really help us. Go with a sure

429
00:33:45.000 --> 00:33:50.519
thing Denver's Best roofer Excel Roofing dot
com. You don't pay a cent until

430
00:33:50.559 --> 00:33:59.279
you're contenth time for an insurance checkup
free, no obligation comparison call Compass Insurance

431
00:33:59.400 --> 00:34:02.599
paying too much your coverage at dozens
of insurance companies find out now three all

432
00:34:02.599 --> 00:34:07.359
three seven seven to one help.
You'll think you're his only customer when you

433
00:34:07.440 --> 00:34:10.599
choose Frank durand the real Estate Man
dot com to list your home with Remax

434
00:34:10.639 --> 00:34:22.840
Alliance three all three nine two zero
sixteen twenty two. Yeah, ripped news

435
00:34:23.079 --> 00:34:31.840
need so you don't have come run
anxious as we can. Shooter's gonna help.

436
00:34:32.119 --> 00:34:38.199
Come, man, this is the
Troubleshooter Show. Now Tom Martino,

437
00:34:39.760 --> 00:34:43.960
Hi, Tom Martino, you're a
troubleshooter. Welcome to the show three oh

438
00:34:44.039 --> 00:34:46.960
three seven one three talks seven one
three two five five. Gary's with us.

439
00:34:47.280 --> 00:34:51.760
Let me go to the wide chef
from rpcenter dot com Retirement Planning Center

440
00:34:51.760 --> 00:34:55.679
of the Rockies, Gary tonight at
in Thornton. We have the summit going

441
00:34:55.719 --> 00:35:00.599
on. I want to know the
main point you're trying to get across at

442
00:35:00.679 --> 00:35:04.280
the summit tonight, Well six o'clock. By the way, you can get

443
00:35:04.360 --> 00:35:07.239
us seat rpcenter dot com, no
costs, Go ahead, Yeah you bet.

444
00:35:07.320 --> 00:35:09.960
We'd love to have people registered today. Just rpcenter dot com. Let's

445
00:35:09.960 --> 00:35:14.000
get a little closer to that mic
for Melas. Okay, So yeah,

446
00:35:14.000 --> 00:35:17.079
we're gonna do the Retirement Freedom Summit, and the main emphasis tonight is to

447
00:35:17.159 --> 00:35:20.760
not bore you to death with a
bunch of stuff or try to sell you

448
00:35:20.800 --> 00:35:23.960
anything. Forget about it. That's
not the intent. We want to show

449
00:35:24.000 --> 00:35:29.199
you the main elements of a retirement
plan and what you should do in each

450
00:35:29.400 --> 00:35:32.119
area, correct. And so we've
got some of our strategic partners who will

451
00:35:32.159 --> 00:35:36.920
be there with us, and we're
just anxious to share with you the five

452
00:35:37.000 --> 00:35:40.880
peak retirement process that we have trademarked
and used in our practice, which will

453
00:35:40.960 --> 00:35:46.199
cover areas of income investments taxes.
We're going to mainly be taking questions,

454
00:35:46.280 --> 00:35:50.440
so yes, yes, anyways,
that's ourpcenter dot com. We'll come back

455
00:35:50.440 --> 00:35:53.559
to you, Gary. Let me
get to these calls here. And so,

456
00:35:53.800 --> 00:35:59.320
Teresa, what is this comment that
you have on a client issue?

457
00:35:59.360 --> 00:36:01.079
Can I help you? I'm not
sure what you're calling about. Go ahead,

458
00:36:01.159 --> 00:36:09.920
Teresa? Are you there? Teresa? Okay, I might not have

459
00:36:10.079 --> 00:36:15.880
her, So you tell me,
guys if we do or don't. Because

460
00:36:15.840 --> 00:36:22.119
it's Brianna, It's okay, it's
Brianna. Okay, Teresa's not there,

461
00:36:22.199 --> 00:36:29.800
then okay, good Brianna high Let's
uh, let's talk to Frank Duran,

462
00:36:30.920 --> 00:36:34.639
the real estate man dot com.
We have an expert. He's an expert,

463
00:36:34.679 --> 00:36:37.480
and I just want to ask his
I want to ask his opinion on

464
00:36:37.559 --> 00:36:42.199
this. Frank. Here's what happened. Brianna and her husband are buying a

465
00:36:42.280 --> 00:36:47.480
house right and they did not have
a buyer's agent. They called off the

466
00:36:47.639 --> 00:36:54.039
sign, so that's it. They
had an inspection done and it showed a

467
00:36:54.159 --> 00:37:00.679
sewer blockage. They assumed it's not
going to be such a big deal.

468
00:37:00.760 --> 00:37:06.079
They want the house, They're going
to buy it anyway. On the disclosure

469
00:37:06.159 --> 00:37:14.800
sheet. They said that the owner
the seller left blank the plumbing area.

470
00:37:14.960 --> 00:37:20.159
Now, Brianna, I want to
clarify that more, did the plumbing did

471
00:37:20.239 --> 00:37:23.440
the disclosure have any other blanks that
they did not fill in? They didn't

472
00:37:23.480 --> 00:37:28.039
fill in. Yes, they didn't
fill in. No, they didn't fill

473
00:37:28.119 --> 00:37:31.079
in do not know? Right?
Is that what you're saying? Yes,

474
00:37:31.199 --> 00:37:38.800
they didn't fill in anything on what
part on pretty much the entire form as

475
00:37:38.880 --> 00:37:45.239
far as well. See that's now
see briandna hold on, that is exactly

476
00:37:45.480 --> 00:37:49.760
okay. When you first brought this
problem, you said when it came to

477
00:37:49.840 --> 00:37:53.159
the plumbing, they didn't fill it. So you're saying they basically did not

478
00:37:53.440 --> 00:38:00.199
give you any disclosure whatsoever. Is
that what you're telling me. The thing

479
00:38:00.199 --> 00:38:04.039
they put on the disclosure was that
the appliances were near like the fridge and

480
00:38:04.159 --> 00:38:09.159
the show and the other areas of
the disclosure, except for the appliances in

481
00:38:09.519 --> 00:38:15.719
every other area they did not check
yes, they did not check no,

482
00:38:16.280 --> 00:38:22.320
and they did not check do not
know? Yes. Okay, Now,

483
00:38:22.559 --> 00:38:27.800
see Brianna, what that tells me
is okay, See, it looked a

484
00:38:27.920 --> 00:38:31.360
little more suspicious when you said they
didn't fill in the plumbing part. What

485
00:38:31.559 --> 00:38:37.760
you're really saying is they basically filled
in nothing. So Frank, let's talk

486
00:38:37.800 --> 00:38:44.440
about that. Are they required to
fill in yes? No? Or do

487
00:38:44.639 --> 00:38:50.000
not know? Sem Absolutely if the
seller elect to saw out of sellers properly

488
00:38:50.039 --> 00:38:53.800
disclosure, that's any adverse material facts
they must disclose to the buyer. And

489
00:38:53.920 --> 00:38:55.960
I do have a question though,
I do have a question. It was

490
00:38:57.039 --> 00:38:59.360
the and Briannon, I'm sorry this
happened to you, by the way,

491
00:38:59.360 --> 00:39:02.760
I'm sorry, did did the Was
the owner an investor owner that never lived

492
00:39:02.760 --> 00:39:07.800
there? Or was this somebody that
actually had lived in the property an investor?

493
00:39:07.840 --> 00:39:12.079
I'm sure he probably never lived here
at all. Okay, Okay,

494
00:39:12.199 --> 00:39:14.920
now, Frank, before you go
on, Frank, before you go on,

495
00:39:15.840 --> 00:39:21.719
I need to know something. A
disclosure sheet is or is not required

496
00:39:21.760 --> 00:39:25.159
by law? Is not required actually, but here's what is required. The

497
00:39:25.239 --> 00:39:29.119
seller is still whether they fill out
a property disclosure or not, Tom,

498
00:39:29.440 --> 00:39:31.519
the seller is still is required by
a lot of it disclosed any adverse material

499
00:39:31.639 --> 00:39:37.719
facts. Good. I didn't know
that. So they can't just be mute

500
00:39:37.360 --> 00:39:43.599
on the subject. Absolutely, they
would have to disclose. And that's that's

501
00:39:43.639 --> 00:39:45.159
they're more of a good tool to
use. It's it's approved by the Real

502
00:39:45.280 --> 00:39:49.000
Estate Commission, so it's a tool
we use in real estate. But technically

503
00:39:49.079 --> 00:39:51.639
the seller does not have to fill
one out. But Frank, now I'm

504
00:39:51.639 --> 00:39:57.039
going to throw a wrinkle into this. She had her own inspection done which

505
00:39:57.280 --> 00:40:02.079
showed the sewer how to blow.
So how much more would they have to

506
00:40:02.199 --> 00:40:07.840
disclose? Well, let me ask
you this too, because that's a great

507
00:40:07.880 --> 00:40:10.719
point. Was this just, Brianna
your inspector or did you actually have a

508
00:40:10.760 --> 00:40:16.800
plumber go out as well to give
it a second opinion? The inspection and

509
00:40:17.000 --> 00:40:21.119
the like. The inspection of the
regular house was done by one inspector,

510
00:40:21.239 --> 00:40:25.119
and then the plumbing inspection was done
by a separate company, and you had

511
00:40:25.199 --> 00:40:30.239
that done, is that right?
Yes? We paid for that ourselves.

512
00:40:30.320 --> 00:40:36.440
Yet and it said you had a
sewer blockage, right, It said that

513
00:40:36.559 --> 00:40:40.000
there was an impassable blockage. Okay, impassable blockage. Now, Frank,

514
00:40:40.519 --> 00:40:46.280
I would say that no harm,
no foul, even though they didn't if

515
00:40:46.320 --> 00:40:51.239
they did know about it, there
was no harm done to the buyer because

516
00:40:51.320 --> 00:40:57.599
the buyer knew about it. I
think the key Tom is just having disclosure

517
00:40:57.679 --> 00:41:00.440
and if the buyer was aware of
it, and I'm just curious. Well,

518
00:41:00.559 --> 00:41:02.559
here's what I want to know,
Frank, here's what I want to

519
00:41:02.599 --> 00:41:07.559
know. If she knew about it, by her own admission and her own

520
00:41:07.679 --> 00:41:14.000
inspector, what would the owner be
obligated to disclose? On top of that?

521
00:41:14.360 --> 00:41:15.880
Would he have to say to her? By the way, Brianna,

522
00:41:16.760 --> 00:41:22.440
this is going to require a whole
new sewer line. I mean, he

523
00:41:22.559 --> 00:41:27.159
doesn't have to He doesn't have to
disclose anything more than she knew. I

524
00:41:27.280 --> 00:41:30.039
think it's two different things, Tom, because there was a disclosure for him,

525
00:41:30.320 --> 00:41:34.559
they didn't fill it out properly,
but they signed it to the bottom

526
00:41:34.840 --> 00:41:37.760
that they weren't lying, weren't hiding
anything, which they were. No.

527
00:41:37.880 --> 00:41:42.639
No, that part I get.
But in order for okay, we all

528
00:41:42.760 --> 00:41:45.679
know this, in order to have
any kind of a lawsuit or legal action,

529
00:41:46.280 --> 00:41:52.920
there has to be a loss as
a result of the breach. Where

530
00:41:52.360 --> 00:42:00.440
is the loss she knew about the
problem. I mean, That's what I'm

531
00:42:00.480 --> 00:42:06.360
trying to get at. Can she
argue, Well, I didn't think it

532
00:42:06.519 --> 00:42:09.199
was serious, and the guy should
have told me it was really serious.

533
00:42:09.800 --> 00:42:15.360
I mean, we're not talking about
disclosure, we're talking about degrees of exposure.

534
00:42:15.719 --> 00:42:19.320
She wouldn't have even called if it
was only a thousand bucks. She's

535
00:42:19.440 --> 00:42:22.599
calling because it's eight or nine thousand. Frank, Listen, you know how

536
00:42:22.719 --> 00:42:28.440
complicated real estate law is, and
you know that disclosures come up all the

537
00:42:28.559 --> 00:42:32.320
time. How often do sellers really
prevail on them when they know about them?

538
00:42:34.960 --> 00:42:37.639
Well, Tom, in my experience
with things like that, it would

539
00:42:37.679 --> 00:42:40.599
normally favor the buyer because the buyer, you know, they have that obligation

540
00:42:40.719 --> 00:42:45.199
to disclose, Tom, So normally
situations like this will favor the buyer.

541
00:42:45.760 --> 00:42:49.519
Okay, then here's what I want
to ask. The buyer goes to court

542
00:42:49.679 --> 00:42:55.199
and says the seller never disclosed the
sewer problem, and as a defense,

543
00:42:55.360 --> 00:42:59.400
I say, you're honor, you're
right, but I didn't think it was

544
00:42:59.440 --> 00:43:05.360
that necessy after she had her own
inspection and guess what they found an impassable

545
00:43:05.480 --> 00:43:12.760
blockage. So how much more damage
did the buyer incur knowing there was an

546
00:43:12.840 --> 00:43:19.360
impassable blockage, but chose to buy
it anyway? I mean, really think

547
00:43:19.400 --> 00:43:22.920
about it. I mean, what
I hope we can help her? Where

548
00:43:22.920 --> 00:43:24.119
do we go? We go to
the cellar and said, you should have

549
00:43:24.159 --> 00:43:27.960
told her about the blockage, and
he said, well, she knew about

550
00:43:28.000 --> 00:43:30.599
the blockage. I mean, what
are we going to ask for? What

551
00:43:30.760 --> 00:43:35.159
do we ask our real estate attorney? I think if you lie on that,

552
00:43:35.280 --> 00:43:37.840
that's a great idea. Let's go
rest of it. It doesn't matter,

553
00:43:38.719 --> 00:43:45.719
Okay. Any lawsuit comes down to
damages. Any laws who comes down

554
00:43:45.760 --> 00:43:49.960
to damage Tom Tom. If he
had prior knowledge, there's no question he

555
00:43:50.000 --> 00:43:53.079
needed to dispose that. I don't
doubt that, Frank, I don't doubt

556
00:43:53.119 --> 00:44:00.079
that. I don't doubt that.
So if he disclosed there is an impassable

557
00:44:00.159 --> 00:44:05.880
blockage, he would have been in
the clear. Is that right? Well?

558
00:44:06.079 --> 00:44:09.360
Yeah, because then okay, if
she did not turn it down knowing

559
00:44:09.480 --> 00:44:15.679
there was an impassable blockage, what
did him not telling her cost her?

560
00:44:15.199 --> 00:44:19.719
Let's just ask the attorney. I
know, but I'm just Mark. This

561
00:44:19.920 --> 00:44:23.840
is called a discussion. I think
you're connecting. I just where we disagree

562
00:44:24.000 --> 00:44:29.159
is. I don't think the second
part matters. I understand what you're saying.

563
00:44:29.239 --> 00:44:32.440
But the fact that he lied on
the disclosure, I think he's got

564
00:44:32.559 --> 00:44:36.880
to fix it. Okay, Good, let's talk to our attorney because I

565
00:44:36.960 --> 00:44:39.679
don't know the answer. Okay.
I think there's going to be a question

566
00:44:39.960 --> 00:44:45.280
of loss. If she knew nothing
about it, she could have said I

567
00:44:45.480 --> 00:44:51.159
would not have purchased it. Therefore, by purchasing it, I incurred a

568
00:44:51.239 --> 00:44:55.440
ten thousand dollars loss. Someone discloses
if I go buy a car, I

569
00:44:55.519 --> 00:45:00.519
mean, you're probably not gonna like
this analogy, and they don't close a

570
00:45:00.679 --> 00:45:05.719
cracked windshield. I definitely see the
cracked windshield, and I buy the car,

571
00:45:05.960 --> 00:45:08.239
not knowing that. In the state
of Colorado, they're not allowed to

572
00:45:08.360 --> 00:45:13.599
sell me that windshield because that's a
safety item. They're still going to owe

573
00:45:13.639 --> 00:45:16.400
me a windshield even though I saw
it. Okay, first of all,

574
00:45:16.440 --> 00:45:19.880
it has to be in the field
division. But let's talk about a cracked

575
00:45:19.920 --> 00:45:23.719
windshield. If they did not disclose
a cracked windshield, the question in defense

576
00:45:23.800 --> 00:45:27.800
would be asked, did you know
it was cracked? And they might know

577
00:45:28.320 --> 00:45:30.599
hold on mark, and if they
say no, I did not know it

578
00:45:30.760 --> 00:45:35.760
was cracked, then you would have
a good argument. But if you said

579
00:45:35.840 --> 00:45:38.760
to them, yes, I knew
it was cracked, yep, I mean,

580
00:45:38.880 --> 00:45:43.679
I don't know what loss there would
be because you're accepting it. Let's

581
00:45:43.760 --> 00:45:46.280
talk to our really be in the
state of Colorado, you can't sell a

582
00:45:46.519 --> 00:45:52.800
vehicle that has a safety problem if
it had no brakes and they sold it

583
00:45:52.880 --> 00:45:55.360
to me and they warned me,
okay, okay, Mark, Okay.

584
00:45:55.719 --> 00:46:00.119
So there was a cracked windshield,
the buyer knew it. The buyer said,

585
00:46:00.159 --> 00:46:02.800
I don't care. I'm buying it
anyway. Now the law comes in

586
00:46:02.960 --> 00:46:07.519
and says, you know, buyer, you can undo the deal. And

587
00:46:07.679 --> 00:46:08.960
he said, well, wait a
minute, I knew it was cracked when

588
00:46:09.000 --> 00:46:12.400
I bought it. I don't want
to undo the deal. That's what I'm

589
00:46:12.440 --> 00:46:15.360
getting at. What good will it
do her? What good will it do

590
00:46:15.559 --> 00:46:21.039
her if she already knew and accepted
it, because you can assume had the

591
00:46:21.239 --> 00:46:24.840
seller told her, it would have
been the same result as the inspector telling

592
00:46:24.920 --> 00:46:29.840
her. I'm not saying the seller
did not air. The seller did air.

593
00:46:30.000 --> 00:46:35.360
I believe Frank Duran the seller was
supposed to disclose it. My only

594
00:46:35.599 --> 00:46:40.480
question is what did the buyer lose
as a result of the seller not disclosing

595
00:46:40.519 --> 00:46:45.639
it. Okay, I mean that's
really the question, or is it simply

596
00:46:45.719 --> 00:46:50.360
a matter of law? No matter
what that that seller, because he didn't

597
00:46:50.400 --> 00:46:52.679
disclose it, now has to pay
for it. That's what we need to

598
00:46:52.719 --> 00:46:57.239
ask. Brad O'Brien. So if
he can come on and talk about disclosures,

599
00:46:57.280 --> 00:47:00.000
man, it would educate all of
us would love to know the answer.

600
00:47:00.119 --> 00:47:05.280
Three oh three seven one three talk
seven one three eight two five five

601
00:47:09.519 --> 00:47:14.760
Go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't

602
00:47:14.800 --> 00:47:21.760
pay a cent until you're content.
Time for an insurance checkup free, no

603
00:47:21.840 --> 00:47:27.760
obligation comparison call Compass Insurance paying too
much your coverage at dozens of insurance companies

604
00:47:27.880 --> 00:47:30.079
find out now three oh three seven
seven to one. Help. You'll think

605
00:47:30.119 --> 00:47:34.920
you're his only customer when you choose
Frank durand the real estate Man dot com

606
00:47:35.159 --> 00:47:38.800
to list your home with Remax Alliance
three oh three nine two zero sixteen twenty

607
00:47:38.880 --> 00:47:47.400
two. Hi Tom Martine, your
troubleshooter. We're just talking about a thirty

608
00:47:47.480 --> 00:48:00.199
second spot on the Super Bowl seven
million dollars seven million dollars. Wow.

609
00:48:00.159 --> 00:48:05.320
I mean that's for a thirty second
and that's just for the airtime, not

610
00:48:05.519 --> 00:48:12.000
to mention the production. And that's
one of the few shows, by the

611
00:48:12.000 --> 00:48:15.239
way, where the commercials have become
as much a part of it as anything.

612
00:48:15.360 --> 00:48:20.079
So people are waiting to see the
commercials. They're literally wanting to see

613
00:48:20.079 --> 00:48:23.119
them. It's not an interruption.
Hellas of TV shows, I'm the commercials.

614
00:48:23.880 --> 00:48:29.320
Yeah, it's one of the few
shows where the commercials have become so

615
00:48:29.599 --> 00:48:34.400
integrated into the creativity that people love
watching them. Hey, you're not a

616
00:48:34.480 --> 00:48:38.000
big sports guy. You watch the
Super Bowl time? You know? First

617
00:48:38.000 --> 00:48:40.280
of all, I watch the Super
Bowl when there are teams I care about.

618
00:48:40.679 --> 00:48:45.840
I normally don't watch it. And
no, I mean, okay,

619
00:48:45.039 --> 00:48:49.320
I do it for the social thing
your friends are around. But no I

620
00:48:49.400 --> 00:48:51.960
don't. I mean I don't care
one way the other right for this one?

621
00:48:52.199 --> 00:48:54.119
Do you? Oh? I love
watching the super Bowl? I know

622
00:48:54.159 --> 00:48:57.480
what do you care about this time? What do you care about? I

623
00:48:57.559 --> 00:49:00.199
don't know who I'm bet nine yet, so the answer would be whoever right

624
00:49:00.280 --> 00:49:01.440
there? And you know you know
that a box? You know that a

625
00:49:01.519 --> 00:49:06.079
box cost a million dollars. Yeah, it's crazy, man, I don't

626
00:49:06.119 --> 00:49:09.760
see so I should confess this.
I don't watch such things that don't have

627
00:49:10.000 --> 00:49:14.840
inclusivity. Oh my god, Wait
a minute, wait, there's no inclusive

628
00:49:14.880 --> 00:49:21.960
You watch the Grammys the other night, talk there's no inclusivity. Oh man,

629
00:49:22.239 --> 00:49:25.599
you want to talk about the most
exclusive the most exclusive club in the

630
00:49:25.760 --> 00:49:30.840
world. Yep, Oscars and Grammys
people going to the super Bowl. I

631
00:49:30.960 --> 00:49:35.000
think the super Bowl. No,
No, I think the super Bowl is

632
00:49:35.000 --> 00:49:38.960
way more exclusive. I'd say the
most exclusive membership. So you're talking about

633
00:49:39.079 --> 00:49:43.480
like audience wise, I guess that
you're right. The Grammys and the Oscars

634
00:49:43.519 --> 00:49:46.519
are so No. I thought of
one that's even more exclusive. None of

635
00:49:46.559 --> 00:49:51.559
his peons can touch it, and
that would be the Senate in the House.

636
00:49:52.760 --> 00:49:57.039
They got the insiders deal. Yeah, what about the nfl own is

637
00:49:57.079 --> 00:50:00.480
marked There's only thirty two of them
and they are fifty center. Yeah that's

638
00:50:00.599 --> 00:50:06.760
true. But hey, how are
we doing you want it anytime? How

639
00:50:06.800 --> 00:50:13.440
are we doing on getting Brad O'Brien
on Kelly. He is not answering right

640
00:50:13.480 --> 00:50:16.039
now. I'm working on it,
okay. And so, by the way,

641
00:50:16.440 --> 00:50:21.000
you could go on YouTube and see
the commercials before the Super Bowl.

642
00:50:21.199 --> 00:50:22.840
Oh I didn't know that. Yeah, they have a site where you can

643
00:50:22.960 --> 00:50:28.480
just see some of them before they
air. I always think it's a great

644
00:50:28.559 --> 00:50:30.840
time. Man. Usually if Miles
was in town, which he won't be

645
00:50:30.960 --> 00:50:35.400
this year, I mean, we'll
always have a party, you know,

646
00:50:35.559 --> 00:50:37.880
do barbecue and just the whole thing. It's always been kind of like a

647
00:50:38.280 --> 00:50:42.360
Fourth of July in our family.
No, I know a lot of people

648
00:50:42.440 --> 00:50:45.800
have a lot of fun doing that
for sure. So yeah, anyway,

649
00:50:47.199 --> 00:50:51.679
what would I'd like to talk about
though? These oral arguments coming up?

650
00:50:52.320 --> 00:50:54.280
Mark? Do you think there will
be a decision today? No, I

651
00:50:54.320 --> 00:50:58.559
don't think there'll be a decision today, but it's going to be a broad

652
00:50:58.679 --> 00:51:02.880
decision. The justice is really hammered
this guy from Colorado, even though the

653
00:51:04.039 --> 00:51:07.239
kind of the lefties, if you
want, I've got a brand new respect

654
00:51:07.320 --> 00:51:10.239
for Jackson. And it's not just
because I'm kind of on the side of,

655
00:51:10.639 --> 00:51:13.599
you know, getting them back on
the ballot and all of that.

656
00:51:13.760 --> 00:51:19.119
But I mean, honestly, I
honestly got to say this. I looked

657
00:51:19.159 --> 00:51:22.400
at her as a pawn of the
current administration and I never gave her a

658
00:51:22.599 --> 00:51:29.800
chance. But actually listening to her
arguing both ways during this she's a very

659
00:51:30.400 --> 00:51:35.719
very bright young lady, and I'm
thinking over time she might actually be more

660
00:51:35.760 --> 00:51:40.920
of a moderate than what the Democrats
who basically voted her in are hoping.

661
00:51:42.360 --> 00:51:45.239
You know, I don't know if
that's I was very impressive. What I

662
00:51:45.400 --> 00:51:50.159
think I think other than and I
don't want to mention it other than one

663
00:51:50.480 --> 00:51:55.119
justice. I truly believe they take
their jobs seriously and none of them are

664
00:51:55.199 --> 00:52:00.599
pawns. I really believe they try
to apply what they what they see and

665
00:52:00.719 --> 00:52:06.639
hear to the Constitution. Except for
one in history I feel who only I

666
00:52:06.760 --> 00:52:13.000
believe she did everything everything personally and
politically. Well, it really comes down

667
00:52:13.039 --> 00:52:15.719
to this when I look at that
court, it comes down to two different

668
00:52:15.800 --> 00:52:22.320
philosophies. Do you believe that the
Constitution was written and that is what it

669
00:52:22.480 --> 00:52:24.480
is. If it's said two plus
two is five, well, damn it,

670
00:52:24.559 --> 00:52:30.320
it's five. Or do you believe
that it changes over time depending on

671
00:52:30.480 --> 00:52:36.559
the situation. So it's kind of
interesting look at interpreting the Constitution in two

672
00:52:36.639 --> 00:52:42.000
different ways. And I'm not saying
either is bad. I personally think it

673
00:52:42.079 --> 00:52:45.800
should be looked at exactly how it
was written. What do you know,

674
00:52:45.159 --> 00:52:50.800
Mark, What's really funny is truly
it can be looked at either way.

675
00:52:51.199 --> 00:52:58.039
Is it individual or I mean,
is it literal or is it interpretive over

676
00:52:58.159 --> 00:53:00.880
time? Is it malleable? Is
it a living, breathing document. People

677
00:53:01.880 --> 00:53:07.039
also look at the Bible the same
way that this is what it says,

678
00:53:07.119 --> 00:53:09.480
no matter what or does it change
with times? And I don't mean change

679
00:53:09.599 --> 00:53:14.119
like the Constitution won't change that much, neither with the Bible as far as

680
00:53:14.519 --> 00:53:17.400
really real principles. But what is
a real principle? You see, that's

681
00:53:17.480 --> 00:53:23.159
where the interpretation comes in. With
the Constitution. It usually always comes down

682
00:53:23.199 --> 00:53:28.760
to what does the federal government have
the right to more so than states?

683
00:53:29.000 --> 00:53:31.519
And what do states have the rights
to more? And really that's what this

684
00:53:31.679 --> 00:53:36.159
came down to. A lot of
people listening probably think this has to do

685
00:53:36.320 --> 00:53:38.920
with Trump. It really has nothing
to do with Trump, very much like

686
00:53:39.039 --> 00:53:44.599
how the abortion Rowe versus way had
really nothing to do with abortion. I

687
00:53:44.719 --> 00:53:47.079
need to talk to Brad O'Brien.
We found Brad O'Brien, a real estate

688
00:53:47.119 --> 00:53:50.079
attorney. Brad, I'm going to
lay this out to you, okay,

689
00:53:51.320 --> 00:53:54.000
and we really want you to weigh
in on this. In this particular real

690
00:53:54.119 --> 00:54:00.280
estate deal, and her husband bought
a house. They did not have a

691
00:54:00.360 --> 00:54:06.239
buyer's broker. They called on the
sign. Then they had an inspection done.

692
00:54:07.119 --> 00:54:14.480
Their own inspection showed what was called
an impassable blockage in the sewer line.

693
00:54:15.079 --> 00:54:19.639
They thought to themselves, we really
want this house. We can probably

694
00:54:19.679 --> 00:54:22.679
get it fixed, it probably won't
be that much, and they bought it.

695
00:54:23.519 --> 00:54:28.880
They later found out what they thought
was going to be a relatively minor

696
00:54:29.039 --> 00:54:32.679
problem, it's going to cost about
nine or ten grand to fix. Well,

697
00:54:34.119 --> 00:54:38.119
rightfully, they're upset. And then
they're looking at their real estate documents

698
00:54:39.360 --> 00:54:45.239
and in the disclosure statement that the
seller decided to do and signed it,

699
00:54:45.840 --> 00:54:52.159
the only thing on the entire disclosure
document is something about new appliances that they're

700
00:54:52.199 --> 00:54:59.000
all new. The other parts of
the disclosure were not filled out at all.

701
00:54:59.639 --> 00:55:02.679
There was no yes, there was
no no, There was no do

702
00:55:02.880 --> 00:55:10.199
not know. Now what do you
think she is saying the law requires?

703
00:55:10.559 --> 00:55:14.760
While she didn't say this, Frank
dre in a real estate are real estate

704
00:55:14.840 --> 00:55:20.880
man great man? He says the
law requires sellers to disclose any material facts

705
00:55:20.960 --> 00:55:28.119
or defects. And what do you
think, Well, it seems to me

706
00:55:28.239 --> 00:55:32.760
that the buyers were unnoticed of this
issue before they closed and knowingly accepted their

707
00:55:32.840 --> 00:55:38.039
risk. They knew of the problem, they didn't know the extent of the

708
00:55:38.119 --> 00:55:43.519
problem. Let me example, if
somebody if there's a roof leak, and

709
00:55:43.760 --> 00:55:46.880
you don't find the roof leake itself, but you see some water drain dripping

710
00:55:47.079 --> 00:55:52.280
on the ceiling. You're unnotice of
the roof leak because of the manifestation of

711
00:55:52.320 --> 00:55:55.199
that water coming down. So they
knew there was some issue with sewer.

712
00:55:57.280 --> 00:56:01.039
They should have really investigated further before
closing. I think that they probably could

713
00:56:01.079 --> 00:56:07.599
be held accountable. But what about
the black and white issue? What about

714
00:56:07.639 --> 00:56:15.159
the wrong or right issue of a
seller never disclosing any of the defects.

715
00:56:15.199 --> 00:56:17.480
There could be others in the house. They simply did not fill out the

716
00:56:17.639 --> 00:56:21.840
disclosure form, which, by the
way, Brianna knew when she bought the

717
00:56:21.920 --> 00:56:24.480
house. My argument was the same
as yours. I'm not trying to convince

718
00:56:24.519 --> 00:56:29.159
anybody. That's why I stayed shut
up until you said that. I would

719
00:56:29.199 --> 00:56:32.119
say, even if she wanted to
sue for the sewer damage, the defense

720
00:56:32.280 --> 00:56:37.239
to the seller would be, well, you knew it anyway. I mean,

721
00:56:37.559 --> 00:56:42.280
so even though I may have breached
my responsibility, I did not actually

722
00:56:42.559 --> 00:56:46.239
cost you that money. I mean, is that what a defense would be?

723
00:56:46.760 --> 00:56:50.000
Well, Tom, you didn't tell
me that the seller's actually knew this

724
00:56:50.079 --> 00:56:52.400
problem. A seller is not obliged
to the defict that they don't know about.

725
00:56:52.760 --> 00:56:55.599
On the okay, I don't know
if the seller knew about it either,

726
00:56:55.679 --> 00:57:00.199
that's the point. I don't know, that's a very good pointint,

727
00:57:00.239 --> 00:57:04.920
Brad. So let's take either one. Let's say the seller did know about

728
00:57:05.000 --> 00:57:09.800
it okay, but did not disclose
anything about it. But the spire already

729
00:57:09.920 --> 00:57:14.320
knew about it. But let me
throw in one more apart there, So,

730
00:57:14.519 --> 00:57:16.800
Brad, even though they didn't check
yes, no, maybe, or

731
00:57:16.840 --> 00:57:22.400
whatever it is, they did sign
that normal disclosure form at the bottom saying

732
00:57:22.440 --> 00:57:27.239
they answered honestly. Yeah. The
difficulty in these kind of cases where a

733
00:57:27.280 --> 00:57:30.119
seller doesn't disclose there's a claim that
a seller doesn't disclose the defect is that

734
00:57:30.280 --> 00:57:34.280
you have to buyer has to cree
that the seller had actual knowledge of the

735
00:57:34.360 --> 00:57:36.880
defect. Yeah. But, like
Tom was saying, let's say, let's

736
00:57:36.880 --> 00:57:40.159
say, for argument's sake, let's
say, for argument's sake that this this

737
00:57:40.360 --> 00:57:44.559
is the tricky part. Let's say, for argument's sake, the seller did

738
00:57:44.760 --> 00:57:50.079
know about it. Okay, What
dude, is there now as a result

739
00:57:50.280 --> 00:57:54.880
of that breach of responsibility? Is
there a damage even though the buyer knew

740
00:57:54.920 --> 00:57:58.679
about it too? Well, then
you have a toss up, and the

741
00:57:58.760 --> 00:58:00.320
only Christian you can decide is right. On. That is a judge because

742
00:58:00.960 --> 00:58:04.519
you have a seller with actual knowledge, right, good buyer, with actual

743
00:58:04.599 --> 00:58:08.639
knowledge of the defects? So who's
more liable than the matter? Who wannster?

744
00:58:09.039 --> 00:58:15.840
Just? Somebody will call it?
Right? Go ahead? Hello?

745
00:58:15.079 --> 00:58:21.760
For argument's sake, the seller did
know about it? Okay? What is

746
00:58:21.920 --> 00:58:27.480
there now as a result of that
breach of responsibility? Is there a damage

747
00:58:27.639 --> 00:58:30.519
even though the buyer knew about it
too? Well, then you have to

748
00:58:30.599 --> 00:58:32.760
toss up and the only Christian who
decide is right now. That is a

749
00:58:32.840 --> 00:58:37.480
judge because you have a seller with
actual knowledge, right, good buyer,

750
00:58:37.559 --> 00:58:39.920
with actual knowledge of the defects.
So who's more liable than the matter?

751
00:58:42.519 --> 00:58:49.239
Who wannster? To? Somebody will
call right? Go ahead? Hello?

752
00:58:51.119 --> 00:58:54.000
All right, somebody wanted to chime
in now they don't what yeah, no,

753
00:58:54.079 --> 00:58:58.320
no, no, can you hear
me? Are you Briana's husband?

754
00:58:59.719 --> 00:59:04.559
Yes, I'm bry and his husband. Go ahead, sir, So,

755
00:59:05.039 --> 00:59:10.199
uh, we purchased this house.
I was aware of of little things that

756
00:59:10.920 --> 00:59:15.840
you know, look look not too
correct, right, So like an outlets

757
00:59:15.960 --> 00:59:22.280
may be wired on, or the
uh you know, the gutter kind of

758
00:59:22.360 --> 00:59:27.119
leaks a little bit. But I
was not you weren't aware that the sewer

759
00:59:27.280 --> 00:59:30.400
wasn't working. You were, You
were painfully aware of it. Here,

760
00:59:30.519 --> 00:59:37.800
here's the problem. Here's the problem
you And what's that mark? He's literally

761
00:59:39.559 --> 00:59:44.440
that's not working? This guy?
Would I buy a house that doesn't have

762
00:59:44.599 --> 00:59:46.159
a sewer that works? Why would
I buy it? Well? You did?

763
00:59:46.639 --> 00:59:52.239
What does impassable blockage mean to you? I thought maybe some paper towels.

764
00:59:52.800 --> 00:59:55.440
Okay, So you did not think
it was serious? Hold on,

765
00:59:57.159 --> 01:00:00.639
hold on, I want to play
court here. You I did not think

766
01:00:00.719 --> 01:00:05.199
it was serious, right? No? I okay? And you had an

767
01:00:05.239 --> 01:00:09.079
actual hold on and you had an
actual inspection. So you're expecting a seller

768
01:00:09.320 --> 01:00:15.159
who is an investor who did not
have an inspection. You're expecting him to

769
01:00:15.280 --> 01:00:19.559
know you didn't know having an inspection
staring you in the face. But you

770
01:00:19.719 --> 01:00:24.199
want the seller to know if you
turn on the water at all for even

771
01:00:24.480 --> 01:00:29.679
about a couple of seconds, the
downstairs starts overflowing. Okay, did you

772
01:00:29.840 --> 01:00:31.079
well? Hold on, did you
do that? Did you do that?

773
01:00:31.920 --> 01:00:35.800
Yeah? When we turned the water
on? And why did you buy it?

774
01:00:35.920 --> 01:00:42.639
Then? Well, we when we
didn't turn the water on while we

775
01:00:42.679 --> 01:00:45.840
were walking through the house, we're
just looking at things your inspector did.

776
01:00:46.519 --> 01:00:52.960
The inspector noted an impassable blockage.
I'm sorry, I'm on your side.

777
01:00:52.000 --> 01:00:55.440
Guys. You may not believe that, but I don't think that you guys

778
01:00:57.159 --> 01:01:00.039
can can argue you knew nothing about
it. I think that that's an impossible

779
01:01:00.159 --> 01:01:05.880
argument for you. And the other
thing is the seller. What we have

780
01:01:06.000 --> 01:01:09.119
to concentrate on now is did the
seller know? And then, Brad,

781
01:01:09.199 --> 01:01:14.599
I want to ask you again,
if they found that the guy was there

782
01:01:14.800 --> 01:01:17.760
earlier trying to open this sewer,
or when he bought it, he had

783
01:01:17.840 --> 01:01:23.679
the same inspection that said it was
impassable, would he have an obligation to

784
01:01:23.800 --> 01:01:29.000
tell someone who already knew about it
and was going to buy it anyway?

785
01:01:29.360 --> 01:01:34.480
And if he didn't, what did
he cost them? Yeah, so I

786
01:01:34.880 --> 01:01:37.599
have a duty to disclose that defect
that he actually knew about before closing.

787
01:01:38.280 --> 01:01:43.119
At the same time, the buyer
an actual knowledge of this defect. So

788
01:01:43.679 --> 01:01:46.199
here's what I think. I think
if you went to court, Brianna and

789
01:01:46.800 --> 01:01:51.199
husband, if you went to court
and prove the other guy knew about it,

790
01:01:51.960 --> 01:01:55.840
then I think you could prove the
seller did you wrong. But I

791
01:01:57.039 --> 01:02:01.159
don't think you can prove he cost
you damnage. That's the whole point I'm

792
01:02:01.199 --> 01:02:06.719
trying to make. There is always
a right or wrong, but there's also

793
01:02:06.960 --> 01:02:13.719
damages. And if damages don't results
as an consequence of the wrong, then

794
01:02:13.800 --> 01:02:15.840
why go after the wrong? But
Brad, what do you think in that

795
01:02:16.000 --> 01:02:20.039
scenario? Well, I said,
that's a toss up. It's a mixed

796
01:02:20.119 --> 01:02:23.920
case because both sides have good arguments. Good I can't dam how that would

797
01:02:23.920 --> 01:02:27.360
have come out in court. I
wonder if there's a precedent on this,

798
01:02:27.760 --> 01:02:30.679
Brad. I wonder probably probably there's
probably case lawn issues like this, But

799
01:02:30.719 --> 01:02:34.760
I just can't tell you. Maybe
what you guys ought to do is consult

800
01:02:34.800 --> 01:02:37.480
Brad O'Brien to see if there's case
law on this. Well. See,

801
01:02:38.280 --> 01:02:42.719
but here's the problem that we run
into a lot. There are new couples.

802
01:02:42.800 --> 01:02:45.840
She said she was twenty three.
It's her first house. They just

803
01:02:45.920 --> 01:02:49.800
put the down payment on it.
They've got an eight thousand dollars fixed right

804
01:02:49.840 --> 01:02:52.159
now, just to be able to
use the toilet or hire an attorney.

805
01:02:52.320 --> 01:02:58.440
I mean, is it worth going
to court over eight thousand dollars? It's

806
01:02:58.480 --> 01:03:01.639
actually fifteen thousand dollars now because they
have to get an excavator to replace them.

807
01:03:01.679 --> 01:03:04.760
Well, I ask you the same, by the way, By the

808
01:03:04.840 --> 01:03:07.480
way, on a separate note,
we are running way behind. But I

809
01:03:07.559 --> 01:03:10.559
got to tell you this, Brianna, what's your I hate saying Branda's husband.

810
01:03:10.599 --> 01:03:15.559
What's your name? Sir? My
name is Grant. Grant. Listen

811
01:03:15.079 --> 01:03:21.639
Grant and Brianna, make sure please
that you're getting an honest estimate on that

812
01:03:21.800 --> 01:03:25.480
sewer. That's a separate issue,
please, because that you could be victimized

813
01:03:25.480 --> 01:03:30.679
by sewer people too. Who did
you get your bid from? We got

814
01:03:30.840 --> 01:03:34.719
Priority Plumbing. I don't know who
they are, but I would get a

815
01:03:34.880 --> 01:03:43.119
second opinion, Okay, I would
absolutely positively get a second opinion. That's

816
01:03:43.199 --> 01:03:45.880
I mean. I'm not telling you
they're bad people, so hear me.

817
01:03:46.199 --> 01:03:50.280
I'm telling you I don't know them. Three oh three seven one three A

818
01:03:50.400 --> 01:03:59.840
two five five Go with a sure
thing Denver's Best Rufer Excel Roofing Dot.

819
01:04:00.360 --> 01:04:06.119
You don't pay a cent until you're
content. Time for an insurance check up

820
01:04:06.239 --> 01:04:12.679
free no obligation comparison call Compass Insurance
paying too much your coverage at dozens of

821
01:04:12.760 --> 01:04:15.920
insurance companies find out now three O
three seven seven one help. You'll think

822
01:04:15.960 --> 01:04:19.760
you're his only customer when you choose
Frank durand the real estate Man dot com

823
01:04:20.000 --> 01:04:25.679
to list your home with Remax Alliance
three oh three nine two zero sixteen twenty

824
01:04:25.719 --> 01:04:33.000
two. Hi Tom Martino here,
don't forget ourpcenter dot com for tonight we're

825
01:04:33.000 --> 01:04:35.360
gonna be talking to him more.
In fact, Diana has a question on

826
01:04:35.440 --> 01:04:42.760
an IRA account. Go ahead,
Diana, what's your question on IRA's Well,

827
01:04:42.880 --> 01:04:46.519
I've owned this IRA since two thousand
and nine and I've never received any

828
01:04:46.639 --> 01:04:51.480
dividends since I've had it. And
what I was told you when you say

829
01:04:51.559 --> 01:04:58.199
dividends not not all iras do your
paid dividends? Do you do you mean

830
01:04:58.320 --> 01:05:01.559
returns in general or what? Yeah? Maybe I'm just learning all this.

831
01:05:02.000 --> 01:05:05.599
Yeah, how much? Let's start. Let's start. How long have you

832
01:05:05.679 --> 01:05:12.039
had the IRA? So it's two
thousand and nine and then another entity brought

833
01:05:12.079 --> 01:05:16.199
it up it in twenty seven?
How much was in it? Well,

834
01:05:16.679 --> 01:05:19.840
you know it wasn't a hit,
but it's enough. Give me an idea.

835
01:05:19.920 --> 01:05:25.920
How much is in it? About
sixteen? Now? Okay? Now,

836
01:05:27.000 --> 01:05:30.079
when you say, did you ever
get a statement on it every month

837
01:05:30.239 --> 01:05:33.360
or every quarter? Yes, yes, yes, and on the statement on

838
01:05:33.559 --> 01:05:40.840
the statement, does it show earnings
on that sixteen thousand? Yes? Yes?

839
01:05:41.119 --> 01:05:45.199
So what do you mean when you
say you did not receive dividends?

840
01:05:45.280 --> 01:05:47.800
That's the part I don't understand.
Well, I haven't received anything out of

841
01:05:47.880 --> 01:05:56.800
it. I mean it's twenty twenty
four now. But wait, but the

842
01:05:56.960 --> 01:06:01.679
count is still there, right?
And yes, it is there. When

843
01:06:01.760 --> 01:06:11.639
did you stop contributing to it?
Actually it's grown and I'm working there it

844
01:06:11.880 --> 01:06:16.559
has but no, no, but
when did you stop? Diana? It's

845
01:06:16.599 --> 01:06:20.800
an ira, which means the only
money in there came from you. When

846
01:06:20.880 --> 01:06:27.480
did you stop contributing to it?
I think it was, you know,

847
01:06:27.679 --> 01:06:31.599
when I first opened it, and
it has grown. But here's what I'm

848
01:06:31.639 --> 01:06:35.280
trying to figure out, Diana.
Did you put in every year in amount

849
01:06:35.400 --> 01:06:41.400
or did you only fund it once? I think I just funded it once?

850
01:06:41.920 --> 01:06:45.039
Okay? And how much do you
remember what your original contribution was?

851
01:06:46.880 --> 01:06:50.960
Oh? God? Well, because
Diana, here's why I'm saying this.

852
01:06:51.719 --> 01:06:58.280
It all comes down to money in
and money there. If you put in

853
01:06:58.480 --> 01:07:01.960
ten grand and it's now worth sixteen, then you two time value of money

854
01:07:02.079 --> 01:07:10.559
to see what your return has been. Go with a sure thing Denver's best

855
01:07:10.679 --> 01:07:14.679
roofer Excel Roofing dot com. You
don't pay a cent until you're content.

856
01:07:15.280 --> 01:07:21.159
Please time for an insurance check up
free, no obligation. Comparison call Compass

857
01:07:21.239 --> 01:07:26.880
Insurance Paying too much your coverage at
dozens of insurance companies find out now three

858
01:07:26.960 --> 01:07:30.000
oh three, seven to seven to
one help. You'll think you're his only

859
01:07:30.159 --> 01:07:32.920
customer when you choose Frank durand the
real estate Man dot com to list your

860
01:07:33.000 --> 01:07:40.119
home with Remax Alliance three oh three
nine two zero sixteen twenty two. Time

861
01:07:43.800 --> 01:07:50.599
ripped of news? You need advice? Who you don't have? Come?

862
01:07:50.760 --> 01:07:59.239
Run anxious sass as you can shoot? Is gonna help? Come man is

863
01:07:59.320 --> 01:08:02.880
the troubles Shooter show? No Tom
Martino, Hey, Hey, Hey,

864
01:08:03.559 --> 01:08:08.159
I'm Tom wanting to solve problems,
answer questions, take complaints. We're here

865
01:08:08.239 --> 01:08:11.199
to help you. You can call
us anytime. Dare night. Leave a

866
01:08:11.239 --> 01:08:14.519
message. We will get back to
you if you need help. Three oh

867
01:08:14.599 --> 01:08:18.199
three Martino three oh three six two
seven eight four sixty six. We can

868
01:08:18.279 --> 01:08:21.800
also talk to you here now whenever
we're on the air at three o three

869
01:08:21.920 --> 01:08:26.359
seven one three Talks seven one three
eight two five five. Diana had a

870
01:08:26.479 --> 01:08:29.399
question about an IRA now the way
I understand it, and we'll talk to

871
01:08:29.520 --> 01:08:32.039
Garriott Retirement Planning Center of the Rockies
in a minute. Here. So you

872
01:08:32.159 --> 01:08:36.560
had an IRA opened in two thousand
and nine, you funded some money and

873
01:08:36.680 --> 01:08:41.880
now it's worth about sixteen thousand.
You want to know all about it basically,

874
01:08:42.000 --> 01:08:45.199
But I need to ask a question. So you have a statement in

875
01:08:45.239 --> 01:08:48.079
front of you. You don't remember
your original balance compared to what it is

876
01:08:48.159 --> 01:08:55.279
now? Joe, okay, remember
okay, but it's been there since O

877
01:08:55.479 --> 01:09:00.720
nine and it now is worth about
sixteen grand Is that what you say?

878
01:09:01.439 --> 01:09:05.640
Correct? Yes? Okay? And
what is your question? A Gary will

879
01:09:05.640 --> 01:09:10.920
answer here? What are your questions? Well, the thing of it is,

880
01:09:11.279 --> 01:09:15.760
I tried to go to my congress
person. I found out it's privately

881
01:09:15.920 --> 01:09:18.399
owned. If you don't have to
go to a congress person, what are

882
01:09:18.439 --> 01:09:26.359
you trying to find out? Diana? I'm trying to withdraw from money out

883
01:09:26.399 --> 01:09:30.159
of it. And they how old
are you right now? I'm in my

884
01:09:30.359 --> 01:09:32.439
seventies and early seventies. Well,
you should be able to take that out

885
01:09:32.479 --> 01:09:35.920
with no penalty whatsoever. You just
have to pay tax on it. Are

886
01:09:35.960 --> 01:09:41.000
you saying you can't get the money. It works, that's not the way

887
01:09:41.079 --> 01:09:47.359
it works with them with who before
a board. The name of the outfit

888
01:09:47.760 --> 01:09:59.640
is the Terrors under It's up.
Wait, hold on a second, hold

889
01:09:59.680 --> 01:10:03.600
on, I need to ask you
something. Is it an IRA or is

890
01:10:03.680 --> 01:10:09.479
it an insurance policy? What is
it? No, it's an IRA?

891
01:10:10.239 --> 01:10:12.159
Okay? What did you want?
Gary? What were you going to say?

892
01:10:12.439 --> 01:10:15.600
Diana? It sounds to me like
you have a self directed IRA that's

893
01:10:15.640 --> 01:10:19.600
held privately. Is that what you
understand? Yes, that's right. They

894
01:10:19.680 --> 01:10:25.079
invest in condos and apartment I got
it. Okay, in order to it's

895
01:10:25.119 --> 01:10:29.239
a self directed IRA. Trustee,
go ahead. What you should do is

896
01:10:29.319 --> 01:10:33.279
you should request in writing that you
begin withdrawals of spec when will What year

897
01:10:33.319 --> 01:10:43.359
were you born, Diana fifty one? So you're you have to take your

898
01:10:43.520 --> 01:10:48.720
require minimum distributions the year that you
turned seventy three. You have to begin

899
01:10:48.840 --> 01:10:53.359
to take money out of that or
you're going to be penalized ten percent plus

900
01:10:53.479 --> 01:10:56.920
the normal tax. So they have
to put you in a position where they

901
01:10:56.960 --> 01:11:01.119
can liquidate that, where you can
take your requirementimum distribut Not a word to

902
01:11:01.199 --> 01:11:06.319
them, what's that? No?
Not? According to what my broker said,

903
01:11:06.439 --> 01:11:10.000
Well, your broker doesn't know what
he's talking about. What did your

904
01:11:10.079 --> 01:11:14.840
broker tell you? Let's hear the
process. Your broker said, he said,

905
01:11:14.880 --> 01:11:21.479
I have to apply for it,
and and that either you get it

906
01:11:21.640 --> 01:11:27.319
or you don't. It goes before
this board, which I've never heard of.

907
01:11:27.560 --> 01:11:31.199
But and they either okay or they
don't. And plus you're getting in

908
01:11:31.359 --> 01:11:34.600
line and there's a lot of people
in it. Okay, I think you

909
01:11:34.800 --> 01:11:44.880
bought. I think you bought shares, didn't you? Most likely shares of

910
01:11:45.000 --> 01:11:48.399
a rate Yeah, probably a real
estate investment trust. Yeah, yeah,

911
01:11:48.520 --> 01:11:54.760
that's it. Okay, in a
rate you own shares. If the shares

912
01:11:54.800 --> 01:12:00.119
are not marketable, you can't cash
them in. And that this is the

913
01:12:00.239 --> 01:12:03.640
danger of a rate. Reads can
make you tons of money or no money,

914
01:12:04.199 --> 01:12:09.279
or actually it will sit there forever
and they'll tell you it's worth something,

915
01:12:09.359 --> 01:12:11.760
but you can't get it. So
what good is it? Now?

916
01:12:12.439 --> 01:12:15.000
This is serious stuff. You need
to send us a copy of that,

917
01:12:15.600 --> 01:12:23.399
your latest statement for I'll have my
experts look at it, because I can't

918
01:12:23.479 --> 01:12:27.239
touch it. Well, I can't
touch it. Maybe you can, It

919
01:12:27.399 --> 01:12:31.279
depends. You got to send us. And when you say a broker is

920
01:12:31.359 --> 01:12:40.359
the broke, who is the broker. Who is the broker with the broker?

921
01:12:42.520 --> 01:12:45.479
Now, like, what what firm
is the broker with the same as

922
01:12:45.560 --> 01:12:49.600
the real estate investment trust? Or
is it independent? It's called light don't

923
01:12:50.159 --> 01:12:56.039
they're out of Lighthouse Point, Florida. You've done in Florida. How did

924
01:12:56.119 --> 01:12:59.760
you? Here's what I need to
know. How did you first learn about

925
01:13:00.359 --> 01:13:06.039
this investment? Okay, so I
had a broker book somebody who got me

926
01:13:06.159 --> 01:13:13.399
into this got it? Okay,
all right, and he's no longer working

927
01:13:13.800 --> 01:13:18.079
doing that work. Yeah, yeah, and I feel like I'm ripped off.

928
01:13:18.680 --> 01:13:21.359
I don't think you're being ripped off. It could be, But a

929
01:13:21.479 --> 01:13:28.800
real estate investment trust is a really
really weird instrument. Okay. When you

930
01:13:29.000 --> 01:13:32.239
buy shares in it, you're buying
shares. It's just like a private note

931
01:13:32.359 --> 01:13:36.920
fund or any kind of a private
fund where you have to buy shares.

932
01:13:38.359 --> 01:13:40.960
They tell you, oh, it's
worth this much money. But then when

933
01:13:41.000 --> 01:13:44.159
you got to when you want to
get out, you have to be able

934
01:13:44.279 --> 01:13:47.000
to market those shares. And if
you can't market those shares, it's worth

935
01:13:47.119 --> 01:13:56.319
nothing. So it's weird. Now
go you know what you could do,

936
01:13:56.479 --> 01:14:00.479
Diana is get us a copy of
the statement. Let us draft the letter.

937
01:14:00.680 --> 01:14:02.439
Help put together a letter for you
that you could send to them that

938
01:14:02.520 --> 01:14:06.800
we'll get some response on least,
then you'll know what your options are because

939
01:14:06.920 --> 01:14:13.000
my fear, if you don't take
the required minimum distributions as scheduled by the

940
01:14:13.079 --> 01:14:15.640
IRS Code, you're going to be
subject to some penalty. So you're going

941
01:14:15.720 --> 01:14:19.399
to have to get some tax advice
on how to fix that, because even

942
01:14:19.520 --> 01:14:24.159
if she can't liquidate it, that
will still count against her in a qualified

943
01:14:24.239 --> 01:14:28.079
fund. Yes, yes, listen, Diana, you're going to need some

944
01:14:28.159 --> 01:14:30.520
help. So I'm going to put
you on hold, and then Kaschina is

945
01:14:30.560 --> 01:14:33.159
going to let you know how to
get in touch with us and send us

946
01:14:33.239 --> 01:14:40.359
that statement. Okay? Is that
okay? Okay? I guess she's on

947
01:14:40.479 --> 01:14:44.239
hold. Katchina, get her to
send us a statement. We really have

948
01:14:44.359 --> 01:14:48.359
to see what's going on with her. Renee, what's going on with you?

949
01:14:48.439 --> 01:14:51.800
Renee? I'm Tom, what's happening? Renee? Hey? Tom?

950
01:14:53.279 --> 01:14:58.159
I have a question. We're selling
some property and my brother's doing the sale

951
01:14:58.199 --> 01:15:01.239
and visiting with the real ortor,
and I what kind of property? Is

952
01:15:01.319 --> 01:15:06.159
it? Residential? No, it's
farm, farm property, okay? And

953
01:15:06.279 --> 01:15:10.560
what do you need to know about
it. Well, I just wanted to

954
01:15:10.680 --> 01:15:15.800
keep everything honest. He's been pretty
short on information about Now do you have

955
01:15:15.920 --> 01:15:19.079
it list? Wait? Wait?
Do you have it listed with someone?

956
01:15:20.119 --> 01:15:25.359
Yes? Yes? And do you
is this the person that's been sketchy?

957
01:15:27.680 --> 01:15:30.159
Actually, I haven't talked to the
realtor. It's my brother. He's kind

958
01:15:30.159 --> 01:15:33.640
of in charge of it, and
he's been kind of short on information.

959
01:15:34.600 --> 01:15:39.720
Okay, So who's short on the
information? The broker or your brother?

960
01:15:40.720 --> 01:15:44.159
Uh? My brother is I haven't
talked to the broker yet. Okay,

961
01:15:44.279 --> 01:15:46.560
what are you trying to find out? Well? I don't know what I

962
01:15:46.640 --> 01:15:50.680
need to ask to make sure everything
is is, you know, honest?

963
01:15:50.800 --> 01:15:56.680
And well do you have a do
you have a copy of the listing agreement?

964
01:15:58.079 --> 01:16:00.680
Uh? No, I haven't seen
anything. So what are you calling

965
01:16:00.720 --> 01:16:05.560
about? What exactly are you calling
about? Then? Did you guys enterret

966
01:16:05.640 --> 01:16:09.600
this and he's selling it? I
mean, what's the circumstance? Okay,

967
01:16:09.680 --> 01:16:13.279
I get Yeah? How much property
or how much property? Were now are

968
01:16:13.319 --> 01:16:17.680
we talking about? We're talking three
hundred acres? And where is it?

969
01:16:18.680 --> 01:16:25.239
It's in Nebraska? And okay,
and did you guys have an appraisal done?

970
01:16:26.359 --> 01:16:29.760
Yeah? Yeah, he went through
all the steps. But is he

971
01:16:29.920 --> 01:16:34.760
the personal representative of the estate.
Actually, we all are involved, but

972
01:16:34.840 --> 01:16:38.640
he was kind of How many that
is? Okay, so hold on we

973
01:16:38.880 --> 01:16:41.840
all That tells me there's more than
just you and your brother. How many

974
01:16:41.920 --> 01:16:46.199
airs are we talking about? There's
six? Okay. So you're selling farm

975
01:16:46.319 --> 01:16:55.000
property that you and five siblings have
inherited. Yeah, okay, Well that's

976
01:16:55.000 --> 01:17:00.920
a whole different story. Then why
did your brother take charge? Well,

977
01:17:00.079 --> 01:17:04.760
he's he lives close to the farm
and he was able to deal. You

978
01:17:04.840 --> 01:17:10.840
have to find the realtor and get
everything started and well as as an heir.

979
01:17:11.199 --> 01:17:15.439
Let me, how do the other
siblings feel about your brother taking charge?

980
01:17:15.359 --> 01:17:18.359
Oh, we had no problem with
it. We have no problem with

981
01:17:18.479 --> 01:17:24.239
it. But you want to make
sure that it's being done properly. Yeah,

982
01:17:24.479 --> 01:17:29.039
yeah, I just don't let me
ask you another question. What makes

983
01:17:29.079 --> 01:17:33.239
you feel it's not being done properly. Well, like I said, the

984
01:17:33.359 --> 01:17:36.920
closing date I'm not aware of.
I don't know when the closing date is.

985
01:17:38.600 --> 01:17:42.439
Do you have an offer? Uh? Yeah, yeah, the guy

986
01:17:42.560 --> 01:17:46.479
supposedly put money down and it's gonna
it's gonna be sold the end of the

987
01:17:46.560 --> 01:17:51.640
month. And I just had questions
on the actual amount of the sale.

988
01:17:53.600 --> 01:17:57.199
You mean you don't even know how
much? You don't know anything. Yeah,

989
01:17:57.560 --> 01:17:59.960
he gave us an amount, but
I want to check to make sure

990
01:18:00.039 --> 01:18:01.279
that is. I get it,
bro, I get it. How much

991
01:18:01.399 --> 01:18:05.960
did he say? It was?
Like one point four somewhere in there?

992
01:18:06.079 --> 01:18:11.000
Million? Okay? Can I ask
you straight out question? Do you trust

993
01:18:11.079 --> 01:18:15.199
your brother or not? Uh?
You know I did, But some things

994
01:18:15.239 --> 01:18:17.920
have happened that he went back on
his word on some deals that we verbally

995
01:18:18.000 --> 01:18:20.840
agreed to, and now it's like, I think I need to follow up

996
01:18:20.880 --> 01:18:27.399
and hold him accountable because we all
trusted each other until that happened. Then

997
01:18:27.439 --> 01:18:29.680
I thought, you know what,
that's the red flag. I need to

998
01:18:29.720 --> 01:18:35.079
make sure this farm sale is.
You know it's inappropriate? All right,

999
01:18:35.439 --> 01:18:39.399
I got some ideas for you.
Hang on. I'm Tom Martinez three oh

1000
01:18:39.439 --> 01:18:47.079
three seven one three talks seven one
three eight two five five Go with a

1001
01:18:47.199 --> 01:18:51.479
sure thing Denver's best roofer Excel roofing
dot com. You don't pay a cent

1002
01:18:51.720 --> 01:18:59.920
until you're content. Time for an
insurance check up free no obligation. Compare

1003
01:19:00.159 --> 01:19:04.239
and call Compass Insurance paying too much
your coverage at dozens of insurance companies find

1004
01:19:04.279 --> 01:19:08.560
out now three all three seven seven
to one help. You'll think you're his

1005
01:19:08.760 --> 01:19:12.680
only customer when you choose Frank durand
the real estate man dot com to list

1006
01:19:12.760 --> 01:19:16.159
your home with Remax Alliance three all
three nine two zero sixteen twenty two.

1007
01:19:19.680 --> 01:19:24.880
Hello Tom Martino here, what's on
your mind today? And how can we

1008
01:19:24.960 --> 01:19:28.079
help you? Three all three seven
one three talks seven one three eight two

1009
01:19:28.159 --> 01:19:32.560
five five. So Renee is part
of an inheritance and the siblings are selling

1010
01:19:32.800 --> 01:19:39.119
real estate about three hundred anchors more
than a million bucks. He wants to

1011
01:19:39.159 --> 01:19:45.319
make sure everything's being done right.
Very simple, Renee. If in fact

1012
01:19:45.439 --> 01:19:50.039
you are one of the inheritors or
heirs, I should say you have a

1013
01:19:50.159 --> 01:19:55.079
right to see any and all documents. So did you ask for a copy

1014
01:19:55.239 --> 01:19:59.520
of those of the listing agreement?
Oh? Excuse me of the of not

1015
01:19:59.640 --> 01:20:03.439
the list sting the sales agreement.
Uh no, I'm fixing the meet with

1016
01:20:03.560 --> 01:20:06.479
the real or not? Need to
know what the what the Here's what you

1017
01:20:06.560 --> 01:20:10.760
ask It's very simple. Let me
just let me just tell you what to

1018
01:20:10.840 --> 01:20:14.560
do. Sure, if you're meeting
with the real estate person and you are

1019
01:20:14.680 --> 01:20:17.199
one of the heirs, you simply
say, I'm one of the heirs with

1020
01:20:17.439 --> 01:20:25.039
equal rights to everyone. Therefore,
I would like for my own records,

1021
01:20:26.359 --> 01:20:31.359
a copy of the listing agreement,
a copy of the recent offer and acceptance,

1022
01:20:32.720 --> 01:20:38.680
and every document that has to do
with selling it. Then once you

1023
01:20:38.840 --> 01:20:41.720
get that, if you need someone
to help you look it over, which

1024
01:20:41.760 --> 01:20:45.760
you should, then we can do
that. But you have a right.

1025
01:20:45.159 --> 01:20:50.479
And if that real estate person says
I'm sorry, I can't share that with

1026
01:20:50.640 --> 01:20:56.359
you, then they're full of crap. Yeah, okay, if you are

1027
01:20:56.560 --> 01:21:02.279
truly one of the heirs, yes, do the others. Do the other

1028
01:21:02.359 --> 01:21:08.680
heirs want information? Oh? Yes, they're all they're all curious too,

1029
01:21:08.760 --> 01:21:13.319
And I sin keeping this on the
down low on purpose. Why is your

1030
01:21:13.359 --> 01:21:15.920
brother? I don't know. I
don't know. That's why we're all surprised.

1031
01:21:15.960 --> 01:21:18.960
And we're not like that. We've
always been real tight family, looked

1032
01:21:19.000 --> 01:21:24.479
out for each other and honest,
and then all of a sudden we're thinking,

1033
01:21:24.600 --> 01:21:26.479
like, you know, we need
to follow up and some of this

1034
01:21:26.680 --> 01:21:30.319
dealings that's going on, because none
of us have anything in writing, have

1035
01:21:30.479 --> 01:21:34.600
seen no paperwork, and no paperwork
has been offered by my brother. So

1036
01:21:34.720 --> 01:21:39.840
I'm thinking I'm going to go visit. What's the realtor? Okay, listen,

1037
01:21:42.159 --> 01:21:45.840
what I what? What's really important? Have you ever asked your brother?

1038
01:21:47.079 --> 01:21:50.680
Uh? No, I don't think
I have. I've asked him who

1039
01:21:50.800 --> 01:21:55.479
the owner is, and he was
he was kind of like he couldn't remember

1040
01:21:55.560 --> 01:21:58.720
his name. You mean a buyer, the buyer, buyer, Yes,

1041
01:21:59.279 --> 01:22:01.439
the buyer, Yes, on the
buyer And he wasn't sure. And I

1042
01:22:01.520 --> 01:22:06.800
thought, wow, so that was
a red flag. Now you said your

1043
01:22:06.840 --> 01:22:12.239
brother just out of curiosity, you
said, your brother has not come through

1044
01:22:12.279 --> 01:22:17.359
on some things like give me an
idea. Oh, well, he he

1045
01:22:17.720 --> 01:22:23.960
bought out some one of my uncles
that had interest in the farm bought him

1046
01:22:24.000 --> 01:22:29.960
out, and he was supposed to
How do I say this, Tom,

1047
01:22:30.960 --> 01:22:36.319
Well, my uncle had thirty percent
he bought about and we all agreed he

1048
01:22:36.439 --> 01:22:41.399
could do that, but when we
sold the farm, he would get paid

1049
01:22:41.479 --> 01:22:45.800
back on that loan that he took
out for that thirty percent buyout, and

1050
01:22:45.439 --> 01:22:48.720
everybody would be on equal basis.
Again, well, he decided instead to

1051
01:22:48.800 --> 01:22:54.560
do that, to keep thirty percent
of the farm instead of putting, you

1052
01:22:54.680 --> 01:23:00.319
know, instead of a group staying
with that original agreement of getting paid back

1053
01:23:00.359 --> 01:23:04.239
when the farm sold, then everybody
would be equal. Again, Well,

1054
01:23:04.359 --> 01:23:09.640
it sounds to me like you might
be I don't know, you might be

1055
01:23:09.760 --> 01:23:13.399
overthinking this. I'm not sure your
brother's doing anything wrong, but we'll certainly,

1056
01:23:14.319 --> 01:23:17.720
we will certainly look into it once
you get that that those documents,

1057
01:23:17.840 --> 01:23:20.520
or if you have trouble getting them, let us know. Three all three

1058
01:23:20.720 --> 01:23:24.399
seven, one, three eight two
five five. As you know, we're

1059
01:23:24.399 --> 01:23:30.239
awaiting the Supreme Court ruling, and
it probably they're not even done with the

1060
01:23:30.279 --> 01:23:33.439
hearing, and it's going to take
a while to come down, but it

1061
01:23:33.560 --> 01:23:38.880
can't take too long. Mark,
When you were watching the proceedings, did

1062
01:23:38.920 --> 01:23:44.880
anyone tell you or suggest when it
might be disclosed? I don't know,

1063
01:23:45.000 --> 01:23:47.800
but I mean, I mean,
they actually have their court clerks and stuff

1064
01:23:47.880 --> 01:23:51.319
or whatever they're called, write up
the opinions and then if there is a

1065
01:23:51.439 --> 01:23:56.640
dissenting opinion. I mean, that's
not going to be done instantly. I

1066
01:23:56.720 --> 01:24:00.720
would assume fairly quick, though,
would you say a day or two this

1067
01:24:00.880 --> 01:24:05.000
week? Well, this week is
tomorrow, guess. I guess I would

1068
01:24:05.039 --> 01:24:08.239
say by the end of next week. But I don't know. I have

1069
01:24:08.359 --> 01:24:12.640
no idea how quick that stuff can
be. Yeah, I know, but

1070
01:24:12.840 --> 01:24:17.079
when I cannot imagine though under any
place, and I'm open to take any

1071
01:24:17.159 --> 01:24:20.319
wagers out there, by the way, that Trump will not be on the

1072
01:24:20.359 --> 01:24:28.039
ballot in Colorado. You think they're
gonna rule it's a federal issue. Yeah,

1073
01:24:28.159 --> 01:24:31.479
I'm gonna they're gonna in my opinion, they're gonna rule that basically,

1074
01:24:31.640 --> 01:24:38.720
Colorado a state, does not have
the power to remove Trump from the ballot.

1075
01:24:40.039 --> 01:24:47.520
By the way, other major news
in the courts is District or Circuit

1076
01:24:48.159 --> 01:24:51.399
the ninth, the ninth Circuit first
the eleventh Circuit, then it was taken

1077
01:24:51.439 --> 01:24:56.039
to the ninth Circuit. But it
has to do with stem cell therapy.

1078
01:24:56.159 --> 01:24:59.960
It's major news. And what I'd
like to do is try during the breakf

1079
01:25:00.079 --> 01:25:03.000
try to get my expert on and
we'll talk about it as well as your

1080
01:25:03.119 --> 01:25:08.439
problems, questions and complaints. And
then we have retirement Planning Center of the

1081
01:25:08.560 --> 01:25:12.399
Rockies with us as well, and
I'd love for you to come to this

1082
01:25:12.560 --> 01:25:15.760
summit tonight. We're going to be
talking about retirement and the elements for retirement.

1083
01:25:16.239 --> 01:25:21.079
It's really good for any age and
it's going to be at six o'clock.

1084
01:25:21.199 --> 01:25:25.119
You can just get a free seat
and it's not going to be long.

1085
01:25:25.159 --> 01:25:27.199
By the way, the whole thing
will be less than an hour probably,

1086
01:25:28.399 --> 01:25:32.239
So come on over and go to
ourpcenter dot com to find out more

1087
01:25:33.119 --> 01:25:45.800
to ourpcenter dot com go with a
sure thing Denver's Best roofer Excel Roofing dot

1088
01:25:45.880 --> 01:25:51.560
com. You don't pay a cent
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1089
01:25:51.680 --> 01:25:58.119
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1090
01:25:58.159 --> 01:26:00.800
dozens of insurance companies find out now
three all three seven seven to one.

1091
01:26:00.960 --> 01:26:04.640
Help. You'll think you're his only
customer when you choose Frank durand the real

1092
01:26:04.720 --> 01:26:10.279
estate Man dot com to list your
home with Remax Alliance three all three nine

1093
01:26:10.319 --> 01:26:16.119
two zero sixteen twenty two. Hi
Tom Martino on your troubleshooter three all three

1094
01:26:16.279 --> 01:26:23.079
seven one three talk seven one three
eight two five five Bill, you have

1095
01:26:23.159 --> 01:26:26.479
a comment on real estate on that
issue? Possibly? Go ahead? Bill,

1096
01:26:27.119 --> 01:26:29.760
Okay, let me. I'm gonna
do a little preaching here for a

1097
01:26:29.840 --> 01:26:38.520
second, because I've been involved in
family things scattered. I remember I called

1098
01:26:38.520 --> 01:26:42.720
you up a while ago on some
property with some brothers and sisters. Money's

1099
01:26:42.800 --> 01:26:46.600
the root of all evil, You
know it? When it comes down the

1100
01:26:47.279 --> 01:26:50.920
estates and stuff like that. If
someone got the upper hand and got the

1101
01:26:51.039 --> 01:26:55.159
hands on it, a lot of
times they'll stick in it and they ain't

1102
01:26:55.159 --> 01:26:59.680
can give it to the other day. Well, you know what I mean,

1103
01:27:00.079 --> 01:27:02.319
he's hoping made myself clear, just
that money people do get crazy with

1104
01:27:02.479 --> 01:27:08.079
money. You're right, Yeah,
Well everybody wants you know, just yeah,

1105
01:27:08.239 --> 01:27:11.760
god, white people like that.
I mean, I've had it with

1106
01:27:11.880 --> 01:27:15.600
me. I was an executive in
one of my uncles and then my I

1107
01:27:15.680 --> 01:27:18.479
want another person in the family,
Well, I'll get a lawyer because that

1108
01:27:18.720 --> 01:27:21.680
the one of the kids weren't in
the world. You know, so many

1109
01:27:21.880 --> 01:27:25.840
estates, by the way, Bill, while we're on the topic, so

1110
01:27:26.000 --> 01:27:33.079
many estates waste hundreds of thousands of
dollars hiring a public administrator because they can't

1111
01:27:33.119 --> 01:27:38.079
get along. And it's the worst
thing a family can do is get a

1112
01:27:38.119 --> 01:27:43.439
public administrator. You're my wife's family. The little issue came up, and

1113
01:27:43.520 --> 01:27:45.920
it's not little. It's a million
dollars worth. And I'm talking to each

1114
01:27:45.960 --> 01:27:50.840
other now, Well, anyway,
I got you wanted to preach. Did

1115
01:27:50.880 --> 01:27:55.319
you also have a tip for that? Well, yeah, well we could

1116
01:27:55.359 --> 01:27:58.119
get a lawyer. Yeah, for
sure, Bill, He well, he

1117
01:27:58.159 --> 01:28:01.359
should at least check out the transaction, right, Thank you, Bill,

1118
01:28:01.399 --> 01:28:05.760
appreciate it to make sure it's being
done properly, even if your brother handling

1119
01:28:05.800 --> 01:28:11.960
it. You know, look at
it happens all the time. People want

1120
01:28:12.079 --> 01:28:16.479
to they want to pillage the estate. They look for what's in it for

1121
01:28:16.640 --> 01:28:24.800
me. I want to talk to
doctor Joel Tridakki's with Denver Regen dot com.

1122
01:28:24.920 --> 01:28:28.600
Joel, thank you, hey man, I want to talk to you.

1123
01:28:29.359 --> 01:28:34.760
I read this morning the Ninth Circuit
made a ruling and I believe that

1124
01:28:35.800 --> 01:28:41.800
it's very significant for stem cells.
Basically, to sum this up, the

1125
01:28:42.079 --> 01:28:49.600
FDA sued a clinic for using stem
cells and manipulating them and then reinjecting them,

1126
01:28:50.039 --> 01:28:56.039
and they said by manipulating them,
they really should be regulated as a

1127
01:28:56.159 --> 01:29:00.560
drug. It's not a surgical procedure, but a drug. The clinic argued,

1128
01:29:01.079 --> 01:29:04.800
it's not a drug. We're not
taking donors, we're taking it from

1129
01:29:04.880 --> 01:29:11.520
the person reinjecting it. It's a
procedure. You don't control our procedures.

1130
01:29:11.560 --> 01:29:15.920
Now, I want to mention this. Years ago clinics got in trouble for

1131
01:29:15.039 --> 01:29:20.359
doing this, for manipulating stem cells
and reinjecting them, which by the way,

1132
01:29:21.199 --> 01:29:26.760
is more effective than regular stem cell
treat It's the best stem cell treatment

1133
01:29:26.840 --> 01:29:30.319
you can get. And in fact, some doctors used to get in trouble

1134
01:29:30.359 --> 01:29:32.880
for it. They stop doing it. And in order for Americans to get

1135
01:29:32.920 --> 01:29:36.800
that kind of treatment in the past, they've or up till now they've had

1136
01:29:36.840 --> 01:29:42.159
to go to another country where they
manipulate these stem cells, because the FDA

1137
01:29:42.319 --> 01:29:47.359
has always held that if you manipulate
stem cells, they become drugs and they're

1138
01:29:47.439 --> 01:29:51.119
regulated, and you can't do it
without all the clinical trials and all of

1139
01:29:51.199 --> 01:29:56.960
that. So all of you guys, including Denver Regen dot com would do

1140
01:29:57.119 --> 01:29:59.880
regular stem cells. You would take
them out, put them back in.

1141
01:30:00.199 --> 01:30:02.560
And by the way, even the
regular stem cell therapy I had, it

1142
01:30:02.800 --> 01:30:06.520
was the most remarkable treatment I've ever
had. If I had to bring up

1143
01:30:06.560 --> 01:30:10.680
a negative about it, it was
that it happened three to four months later

1144
01:30:11.079 --> 01:30:14.119
and I forgot to well, I
mean I didn't forget, I said,

1145
01:30:14.159 --> 01:30:16.479
Joel, Wait a minute, I
think this is stem cells working, you

1146
01:30:16.560 --> 01:30:20.079
said, because people expect to feel
something in two or three or four weeks.

1147
01:30:20.520 --> 01:30:23.680
It took me a few months and
all of a sudden, I'm thinking,

1148
01:30:23.840 --> 01:30:28.560
wow, I've never been stronger there
and no pain. So anyway,

1149
01:30:28.720 --> 01:30:31.520
what is your take on this ruling? Is it going to improve what you

1150
01:30:31.640 --> 01:30:36.039
guys can do. I'll explain everything
to you. I'll try to make it

1151
01:30:36.079 --> 01:30:41.359
as concise as possible. So just
about check a little bit. The Ninth

1152
01:30:41.399 --> 01:30:45.199
Circuit Court has not actually ruled on
it yet. It was a lower judge's

1153
01:30:45.239 --> 01:30:51.520
decision in California to allow for the
fat extracted stem cells. We have bone

1154
01:30:51.560 --> 01:30:57.800
extracting, me fat extracted. They're
just addressing the fat extracted that FATA extracted

1155
01:30:57.840 --> 01:31:01.840
stem cells were not a drug because
they were minimally manipulated. Interestingly, also,

1156
01:31:01.960 --> 01:31:06.640
that lower court judge said that you
can still expand those and grow more

1157
01:31:06.720 --> 01:31:12.600
cells out of them, and that
that still does not fall under FDA purview,

1158
01:31:12.680 --> 01:31:15.760
which is new, which is something
that they never allowed before. So

1159
01:31:15.039 --> 01:31:18.880
anyway, the FDA is appealing that
decision to the Ninth Circuit Court, who

1160
01:31:19.079 --> 01:31:24.520
heard arguments and will be making a
ruling. So, oh, yeah,

1161
01:31:24.560 --> 01:31:28.159
you're right, you're right, I'm
reading this now. So the eleven so

1162
01:31:28.399 --> 01:31:31.680
it was ruled in favor of stem
cell therapy of the clinics, and then

1163
01:31:31.760 --> 01:31:36.439
the US Food and Drug Administration.
I believe they went to the Ninth Circuit

1164
01:31:36.600 --> 01:31:44.159
to appeal it. Okay, so
we're waiting for a ruling there, and

1165
01:31:44.319 --> 01:31:48.359
so you know, it's the Ninth
Circuit court has usually been pretty favorable to

1166
01:31:49.640 --> 01:31:54.399
some medical procedures for people. I
mean, you know, if you're called,

1167
01:31:54.479 --> 01:31:57.239
this is the same area of the
country that first legalized the use of

1168
01:31:57.359 --> 01:32:00.560
medical marijuana to treat ailments without you
know, tons of research and whatnot.

1169
01:32:01.039 --> 01:32:04.159
Uh, And you know, I
believe that the arguments are valid. Uh.

1170
01:32:04.399 --> 01:32:09.079
The other thing that is there,
there's precedent with the bone marrow extracted

1171
01:32:09.199 --> 01:32:13.239
themselves. The same fight occurred a
little more than a decade ago, and

1172
01:32:13.560 --> 01:32:16.479
that's when it was determined that you
could minimally manipulate that, meaning you extract

1173
01:32:16.560 --> 01:32:20.319
them from the body, clean them
isolated, and then inject them right back

1174
01:32:20.399 --> 01:32:25.039
in. The courts were clear that
they consider that not to be a new

1175
01:32:25.159 --> 01:32:28.680
drug and they don't regulate that under
the FDA. That they don't they don't

1176
01:32:28.720 --> 01:32:32.079
require the pharmaceutical companies to be involved
in that transaction or that service, if

1177
01:32:32.119 --> 01:32:38.760
you will. So, uh,
but didn't the Eleventh Circuit actually Mark Mark

1178
01:32:38.800 --> 01:32:42.359
hold On Mark has a question,
go ahead, Mark didn't didn't the Eleventh

1179
01:32:42.479 --> 01:32:46.319
Circuit actually say, though sided with
the FDA. So even even if the

1180
01:32:46.479 --> 01:32:50.119
Ninth Circuit comes back, I mean, then you're going to have two rulings

1181
01:32:50.159 --> 01:32:57.319
that are completely opposite meeting. The
Supreme Court's going to end up deciding Wait

1182
01:32:57.359 --> 01:33:00.760
a minute, correct, Okay,
the Eleventh Circuit. I believe that.

1183
01:33:01.399 --> 01:33:06.600
Okay, I believe the Eleventh Circuit
they appealed that one, didn't they Yeah,

1184
01:33:06.680 --> 01:33:11.439
they won the injunction. The FDA
won the injunction, and then that

1185
01:33:11.640 --> 01:33:15.079
was appealed. Well, no,
I believe they won the injunction. It's

1186
01:33:15.199 --> 01:33:18.279
it's I don't know if it's been
appealed, but who would it be appealed

1187
01:33:18.279 --> 01:33:23.680
to? That's what. So what
happened? Did this clinic go from the

1188
01:33:23.760 --> 01:33:27.079
Eleventh to the ninth? No,
No, No, they're equal. No,

1189
01:33:27.199 --> 01:33:30.199
it's a completely separate case. Okay, got it. Okay, So

1190
01:33:30.399 --> 01:33:35.439
this is the Eleventh's rule that it
is actually in manipulation. I believe,

1191
01:33:35.880 --> 01:33:40.079
I mean, I'm speculating, but
because we're all still allowed to do it,

1192
01:33:40.199 --> 01:33:45.479
I believe that that that's that that's
been stayed and now we're awaiting that

1193
01:33:45.680 --> 01:33:49.479
Ninth Circuit Court decision. And that's
as much as I know right now,

1194
01:33:49.760 --> 01:33:54.319
you know, and as far as
how it affects what types of service were

1195
01:33:54.359 --> 01:33:57.720
able to perform. I'm reading that. I'm reading the Eleventh Circuit, by

1196
01:33:57.760 --> 01:34:00.399
the way. Yeah, and right
here it says, well, okay,

1197
01:34:00.600 --> 01:34:03.800
I thought it said that. They
they agree it is not a drug.

1198
01:34:04.319 --> 01:34:08.720
I mean, maybe i'm reading it
right. They said it was Okay,

1199
01:34:09.000 --> 01:34:14.039
okay, maybe I'm reading the attorney's
argument. Sorry about that. In any

1200
01:34:14.119 --> 01:34:18.239
case, this ruling, this rule, I mean, this lower court judge

1201
01:34:18.319 --> 01:34:24.960
that said it was not a drug. If that is upheld, what takes

1202
01:34:25.039 --> 01:34:30.479
president the eleventh or the ninth?
I don't know. That's a good question.

1203
01:34:30.840 --> 01:34:32.880
No, But then the Supreme Court
starts looking at it. Guys,

1204
01:34:34.239 --> 01:34:36.560
I think it would have to go
to the Supreme Court, wouldn't it.

1205
01:34:38.279 --> 01:34:42.479
That's correct, that's correct. So
the question before the court, now,

1206
01:34:43.439 --> 01:34:46.520
when you manipulate these cells, does
it become a controlled substance? Basically?

1207
01:34:46.840 --> 01:34:53.760
Does it? More importantly, does
the jurisdiction enough manufacturing of it for to

1208
01:34:53.840 --> 01:34:58.319
be considered a you know, a
synthetic drug basically? Right? Right?

1209
01:34:59.079 --> 01:35:01.079
You know, though, I wouldn't
it be considered and I don't want to

1210
01:35:01.119 --> 01:35:08.079
get too complicated, but you are
allowed to compound drugs as a doctor,

1211
01:35:08.319 --> 01:35:12.880
you're allowed to do that. You
can compound any combination you want for your

1212
01:35:13.000 --> 01:35:17.720
patient, and it does not have
to go through FDA approval. So doctors

1213
01:35:17.840 --> 01:35:24.319
compound all the time. So if
that's the case, why wouldn't stem cells

1214
01:35:24.439 --> 01:35:28.119
be considered a compounded substance? I
mean, I don't know, I'm just

1215
01:35:28.239 --> 01:35:31.920
asking them, but you know what
I would speculate, Tom, is that

1216
01:35:32.399 --> 01:35:38.239
you're still using the drugs that they're
using to create the compounded drugs, or

1217
01:35:38.279 --> 01:35:41.800
still drugs that are FDA approved.
Okay, still talking about drugs. And

1218
01:35:41.880 --> 01:35:45.319
I think the primary crutch of the
argument is is that are stem cells when

1219
01:35:45.319 --> 01:35:48.760
you extract them from somebody's body a
drug or not? Hey, can I

1220
01:35:48.840 --> 01:35:53.560
ask a question? Go ahead,
dog? What about blood? If you

1221
01:35:53.840 --> 01:35:57.359
if you take blood out of somebody
and give it to them later in surgery,

1222
01:35:57.640 --> 01:36:01.520
isn't that the same thing? It's
almost That's one of the arguments.

1223
01:36:01.760 --> 01:36:05.239
And here's the other thing, Doc, I'll go one step further. Why

1224
01:36:05.399 --> 01:36:12.199
aren't they upset about PRP. You're
definitely manipulating blood, that's my point,

1225
01:36:12.920 --> 01:36:19.960
not not regular blood. But PRP
platelet rich therapy that is absolutely manipulating,

1226
01:36:20.079 --> 01:36:24.279
isn't it right? But one of
things you're taking blad out different, I'll

1227
01:36:24.319 --> 01:36:27.199
put it that way. Yeah,
it's so different than themselves. It's the

1228
01:36:27.239 --> 01:36:34.960
same process. Okay. So this
is something my favorite, Tom, really

1229
01:36:35.159 --> 01:36:42.359
is that you know, the the
efficacy of stem cell therapy and the proliferation

1230
01:36:42.520 --> 01:36:45.600
of it, and the fact that
it's been proven now by many clanks over

1231
01:36:45.640 --> 01:36:49.520
the course of over a decade to
be extremely effective. That it is cutting

1232
01:36:49.600 --> 01:36:56.520
into the market for joint replacements,
medical device manufacturers and people who have large

1233
01:36:56.560 --> 01:36:59.840
financial, big farm and interest in
it. So of course they're going to

1234
01:37:00.039 --> 01:37:03.239
fight it because if they can eliminate
them cell procedures, then that just kind

1235
01:37:03.279 --> 01:37:06.880
of brings the market back to them
where they can control they control the money.

1236
01:37:06.920 --> 01:37:11.000
And that may sound conspiratorial, but
I feel like I've lived on this

1237
01:37:11.520 --> 01:37:14.239
in this country long enough to understand
how things work in that way. So

1238
01:37:14.359 --> 01:37:17.239
that's my gud feeling about it.
I think I think there's validity to that.

1239
01:37:17.439 --> 01:37:23.239
But I think there's also validity that
years ago, when the FDA started

1240
01:37:23.279 --> 01:37:28.239
looking at there was a bunch of
shysters out there selling stem cells to anybody

1241
01:37:28.319 --> 01:37:30.880
that add five thousand dollars EI,
they're all dead and did nothing. I

1242
01:37:31.359 --> 01:37:34.000
gotta take a break. But there
is one thing I want to say that

1243
01:37:34.239 --> 01:37:42.600
is very critical here compounded drugs.
It's recommended by the FDA that they use

1244
01:37:42.640 --> 01:37:49.159
approved ingredients. However they're compounded.
Drugs may include ingredients that are not FDA

1245
01:37:49.319 --> 01:37:56.159
approved if the physician agrees that they
will benefit the patient at hand, but

1246
01:37:56.359 --> 01:38:01.840
they must be regarded as gross really
recognized as safe. Now. I don't

1247
01:38:01.840 --> 01:38:05.920
think they can put Stryck nine in
it or something like that, but it

1248
01:38:06.039 --> 01:38:11.239
does not have to be an FDA
approved drug for that purpose, as long

1249
01:38:11.279 --> 01:38:20.119
as it's generally generally approved as safe. We have more coming up. Go

1250
01:38:20.279 --> 01:38:25.479
with a sure thing Denver's Best roofer
Excel Roofing dot com. You don't pay

1251
01:38:25.520 --> 01:38:31.880
a cent until you're content. Time
for an insurance checkup free, no obligation.

1252
01:38:31.960 --> 01:38:36.359
In comparison, call compass insurance paying
too much your coverage at dozens of

1253
01:38:36.439 --> 01:38:41.000
insurance companies find out now three oh
three, seven to seven to one help.

1254
01:38:41.159 --> 01:38:44.720
You'll think you're his only customer when
you choose Frank durand the Real Estate

1255
01:38:44.800 --> 01:38:48.239
Man dot com to list your home
with Remax Alliance three oh three nine two

1256
01:38:48.319 --> 01:39:00.520
zero sixteen twenty two. Hi Tom
Martine here three oh three seven three talk

1257
01:39:00.640 --> 01:39:02.479
Lindsay, what's going on with you? Lindsay, Welcome to the show.

1258
01:39:02.520 --> 01:39:06.359
I'm Tom Martinez. What's going on? Hey, Tom? Thanks so much

1259
01:39:06.399 --> 01:39:12.640
for having me. So basically,
I took my truck into a body shop

1260
01:39:13.399 --> 01:39:17.640
for repairs and they've had it for
ninety days. More than ninety days.

1261
01:39:18.520 --> 01:39:23.880
Yeah, they have refused from the
time that I dropped my vehicle off to

1262
01:39:24.319 --> 01:39:28.680
give me an estimated date of completion. Why did you drop it off if

1263
01:39:28.720 --> 01:39:33.520
they wouldn't give you an estimated time? Well, unfortunately, I wasn't aware

1264
01:39:33.680 --> 01:39:40.079
that they were required by law to
do so. I don't think they are

1265
01:39:40.199 --> 01:39:44.680
required by law. I don't know
of any law. Now I might be

1266
01:39:44.760 --> 01:39:47.439
wrong here, but I don't know
of any law that they have to tell

1267
01:39:47.479 --> 01:39:51.319
you when it's going to be done. So I've been doing quite a bit

1268
01:39:51.359 --> 01:39:57.399
of research on the Motor Vehicle Repair
Act, and it does say that they

1269
01:39:57.439 --> 01:40:01.399
are required to give me estimated completion. I just was not aware of that

1270
01:40:01.479 --> 01:40:04.920
when I dropped it off. And
maybe I'm interpreting it, Okay, maybe

1271
01:40:05.079 --> 01:40:09.159
maybe I'm wrong. I know about
the Auto Repair Act. But let's neither

1272
01:40:09.239 --> 01:40:13.159
here nor there. Let's talk about
this first and foremost. Was this a

1273
01:40:13.279 --> 01:40:16.720
repair you were having done on your
own dime, on your insurance or somebody

1274
01:40:16.760 --> 01:40:21.560
else's insurance? It's through my insurance. And what was it a collision or

1275
01:40:21.600 --> 01:40:29.079
what it was? A collision?
Yes? Okay? And what were the

1276
01:40:29.199 --> 01:40:32.359
circumstances in an accident with another car? I'm just I just want to find

1277
01:40:32.359 --> 01:40:36.479
out all the circumstances. Yes,
I was in I was in an act

1278
01:40:36.840 --> 01:40:40.720
accident with that got it all right? That's enough, That's okay. I

1279
01:40:40.880 --> 01:40:45.960
just wanted to know. So go
with a sure thing Denver's Best roofer Excel

1280
01:40:45.079 --> 01:40:51.800
Roofing dot com. You don't pay
a cent until you're content. Time for

1281
01:40:51.880 --> 01:40:57.199
an insurance check up free, no
obligation. In comparison, call Compass insurance

1282
01:40:57.399 --> 01:41:00.880
paying too much? Your coverage had
dozens of insurance. But he's find out

1283
01:41:00.960 --> 01:41:03.439
now three all three seven seven to
one help. You'll think you're his only

1284
01:41:03.600 --> 01:41:08.359
customer when you choose Frank durand the
real estate Man dot com to list your

1285
01:41:08.439 --> 01:41:13.880
home with Remax Alliance three all three
nine two zero sixteen twenty two Yeah,

1286
01:41:17.319 --> 01:41:28.279
ripped of news, you don't have
the come running as fast as a cam

1287
01:41:29.560 --> 01:41:36.199
shooter's gonna help come. Dix is
the Troubleshooter Show. No, Tom Martino.

1288
01:41:38.600 --> 01:41:41.199
Hi, I'm Tom Martino. Welcome
to the show. We are here

1289
01:41:41.279 --> 01:41:45.239
to help you solve problems, answer
questions, take complaints and with me.

1290
01:41:45.439 --> 01:41:49.000
Today we have a retirement planning center
of the Rockies. I have Gary Hanson

1291
01:41:49.039 --> 01:41:55.640
with us and we're having a retirement
summit tonight. We call it Freedom Summit

1292
01:41:55.760 --> 01:41:59.000
for Retirement and that is going to
be at the Delta Event Center, which

1293
01:41:59.039 --> 01:42:02.800
is in Thornton. It's the Marriott
Hotel and it starts at six. We're

1294
01:42:02.840 --> 01:42:08.359
not going to take a long time
to preach to you or try to sell

1295
01:42:08.399 --> 01:42:13.319
you anything. I promise you that
we will absolutely transparent about everything, including

1296
01:42:13.399 --> 01:42:15.920
what I'm doing. I'll be there
and we want you to mostly ask questions.

1297
01:42:16.680 --> 01:42:19.840
Gary Hansen's with us, and Gary, one of the things I think

1298
01:42:19.920 --> 01:42:27.199
people are tired of, and I
swear to God it's just so rampant is

1299
01:42:27.359 --> 01:42:32.119
being hustled. No, I'm sir, everybody's got something and everything they have

1300
01:42:32.319 --> 01:42:35.920
is the best. Well, we
take a whole different approach. Tom I've

1301
01:42:35.960 --> 01:42:41.000
done this for forty nine years.
That's scary, but I bend down both

1302
01:42:41.079 --> 01:42:45.359
roads, and believe me, we
find that our clients are happier and so

1303
01:42:45.520 --> 01:42:49.720
are we when we can just deal
with the comprehensive approach and gosh, just

1304
01:42:49.840 --> 01:42:53.800
come meet us, let's talk,
let's see if there's a common ground to

1305
01:42:53.920 --> 01:42:57.600
visit about. Let's not waste your
time, and we certainly won't waste our

1306
01:42:57.680 --> 01:43:00.680
time. If nothing else, you'll
learn about the important and elements of a

1307
01:43:00.760 --> 01:43:03.319
retirement plan. Absolutely absolutely, and
if you want a review, you can

1308
01:43:03.359 --> 01:43:06.560
have a free review of all of
that. And the important thing is this,

1309
01:43:08.439 --> 01:43:14.119
There truly is no one thing.
There truly isn't no. For first

1310
01:43:14.119 --> 01:43:17.279
of all, I personally do not
believe the stock market is one hundred percent

1311
01:43:17.399 --> 01:43:21.840
bad or one hundred percent good.
I don't think annuities are one hundred percent

1312
01:43:21.920 --> 01:43:27.560
good or one hundred percent bad.
I mean it just truly is. And

1313
01:43:28.479 --> 01:43:30.840
reverse loans are not one hundred percent
bad one hundrecent good. It depends on

1314
01:43:30.920 --> 01:43:38.560
the situation. Everything in life,
everything with finances depends on circumstances, the

1315
01:43:38.680 --> 01:43:42.039
amounts you put in it, the
amounts you allocate, and how you manage

1316
01:43:42.039 --> 01:43:45.319
it. Well, and we have
to do a fiduciary driven discovery meeting tom

1317
01:43:45.359 --> 01:43:49.079
before we can even recommend. So
we're gonna dig really deep with clients to

1318
01:43:49.119 --> 01:43:54.880
make sure we understand the full picture. And ultimately most of our clients will

1319
01:43:54.880 --> 01:43:58.800
have money spread very well into several
different sectors of the economy. Right.

1320
01:43:59.119 --> 01:44:00.960
That's good. And by the way, if you want to seat tonight,

1321
01:44:01.079 --> 01:44:04.880
it's free, there's no cost,
there's nothing. Just ourpcenter dot com has

1322
01:44:04.920 --> 01:44:09.640
the invitation up there. Ourpcenter dot
com. It's front and center. Just

1323
01:44:09.720 --> 01:44:13.199
to call them at dusk or you
can call nine seven zero sixty six three

1324
01:44:13.279 --> 01:44:17.840
thirty two eleven. We left off
with Lindsay and Lindsay she has an issue

1325
01:44:17.920 --> 01:44:23.119
with an Ideal car Star autobody.
I think, where is this located,

1326
01:44:23.520 --> 01:44:30.439
Lindsay, It's in Arvada. Yeah, Now here's the thing. I don't

1327
01:44:30.479 --> 01:44:35.560
think it's unique to Ideal. I
don't think it's unique to Carstar. I

1328
01:44:35.800 --> 01:44:41.119
think it's just a problem in the
industry and I don't know why, but

1329
01:44:41.279 --> 01:44:47.439
we're having a big problem all over
because people. I mean, my car

1330
01:44:47.960 --> 01:44:55.000
had a simple little thing and I
went and had it the parts ordered.

1331
01:44:55.239 --> 01:44:59.399
First, I went in there so
they could order parts. Then because it

1332
01:44:59.479 --> 01:45:01.800
was driveable, I took it away
and then they were to tell me when

1333
01:45:01.880 --> 01:45:06.000
to come back, and we made
a date when they thought the parts would

1334
01:45:06.039 --> 01:45:11.600
be there, and then it still
took I think over two weeks. That's

1335
01:45:11.680 --> 01:45:16.399
when they had the parts. So
yours though you're saying ninety days, they've

1336
01:45:16.439 --> 01:45:24.039
had it more than ninety I dropped
them excessive. Okay, so let's just

1337
01:45:24.159 --> 01:45:29.399
start with why do they say they've
had it so long? Well, and

1338
01:45:29.680 --> 01:45:33.840
that's the thing. I have called
several times asked them to speak to management,

1339
01:45:33.920 --> 01:45:39.640
and they refuse. They dance around
my questions when I call them and

1340
01:45:39.680 --> 01:45:44.960
asked them what's going on. So
there's a huge lack of transparency. What's

1341
01:45:45.159 --> 01:45:50.840
their organization between their customers? And
my biggest issue is for the first month

1342
01:45:51.239 --> 01:45:54.800
it was sitting there when they told
me it was being worked on, and

1343
01:45:54.880 --> 01:45:59.119
it was not. See that's the
part that pisses me off is when they

1344
01:45:59.319 --> 01:46:01.880
order parts, they do things that
they could do when you're not there.

1345
01:46:02.800 --> 01:46:06.079
You know, I excuse me when
your truck's not sitting there. That's the

1346
01:46:06.199 --> 01:46:11.119
part that is really stupid. I
mean, so right now, where does

1347
01:46:11.159 --> 01:46:14.079
this happen? But if they don't
have parts, what else would they do

1348
01:46:14.159 --> 01:46:15.640
with it? Honestly, if all
the parts aren't there, they're going to

1349
01:46:15.680 --> 01:46:20.399
tie up a bay. No,
what I'm talking about Mark is in my

1350
01:46:20.680 --> 01:46:26.159
case, I went and now this
is a car is drivable? Was your

1351
01:46:26.239 --> 01:46:30.720
car driveable? I guess I went
Mark and they examined it and ordered the

1352
01:46:30.800 --> 01:46:34.399
parts. But I took my car
back they just ordered the parts. They

1353
01:46:34.399 --> 01:46:43.000
didn't Why didn't you do that then, Lindsey. I actually asked them when

1354
01:46:43.039 --> 01:46:45.560
I took it in, because I
explained to them I'm a small business owner.

1355
01:46:45.640 --> 01:46:47.600
I need my vehicle for work and
I don't have a rental car coverage.

1356
01:46:48.039 --> 01:46:50.800
So I asked them, you know, if you're going to have to

1357
01:46:50.920 --> 01:46:55.880
order some stuff and my vehicle is
driveable, can I please pick it up

1358
01:46:56.000 --> 01:47:00.119
and then drop it back off.
And they agreed to that before I and

1359
01:47:00.199 --> 01:47:04.239
turn the keys over them for my
truck. So when the time came for

1360
01:47:04.319 --> 01:47:08.319
them to order apart, they said
it was going to take two to four

1361
01:47:08.359 --> 01:47:12.960
weeks for that to come in,
and I asked them if I could go

1362
01:47:13.079 --> 01:47:16.000
ahead and take control back of my
vehicle so I could use it, and

1363
01:47:16.079 --> 01:47:20.239
they said, we're going to proceed
with other body work while we're waiting for

1364
01:47:20.880 --> 01:47:24.520
they had to replace the frame,
and I understand that is the long term.

1365
01:47:24.800 --> 01:47:28.000
Wait a minute, so they say
communication, that's the problem. So

1366
01:47:28.239 --> 01:47:32.000
basically, you had to get your
whole frame replaced. Yes, oh my

1367
01:47:32.199 --> 01:47:38.920
god. Yes. So the problem
is is that I did ask them if

1368
01:47:38.960 --> 01:47:42.319
I could go ahead and take my
truck and bring it back when the frame

1369
01:47:42.399 --> 01:47:44.880
came in, and they said,
we're going to go ahead and do all

1370
01:47:44.920 --> 01:47:47.399
the rest of the painting, all
the exterior body work while we wait for

1371
01:47:47.479 --> 01:47:50.880
the frame. That way, when
the frame comes in, we can get

1372
01:47:50.920 --> 01:47:54.640
it right on the list and we'll
have it out of here within two weeks.

1373
01:47:55.960 --> 01:47:58.560
So when I went when the frame
came in, I went in and

1374
01:47:58.640 --> 01:48:01.720
saw my truck and they hadn't done
on any of the repairs at all that

1375
01:48:01.840 --> 01:48:04.880
they told me they were doing in
the time we were waiting for the frame.

1376
01:48:05.359 --> 01:48:09.039
So what are they say now?
Did they start on it now?

1377
01:48:10.560 --> 01:48:14.520
They did start on it now and
it's actually almost done. I think where

1378
01:48:14.560 --> 01:48:17.119
I needing some advice is wanting to
know my rights as a consumer, for

1379
01:48:17.840 --> 01:48:23.000
you know, they've they've just passed
me around. My truck was sitting there

1380
01:48:23.039 --> 01:48:27.000
when I wasn't able to use it. It's caused me a significant financial distress.

1381
01:48:27.760 --> 01:48:30.800
And well, if you're going to
try to make a legal case what

1382
01:48:30.960 --> 01:48:33.880
to get damages? I don't think
it's going to work. That's just my

1383
01:48:34.039 --> 01:48:38.640
own opinion. Unless they were negligent, I don't think you're going to be

1384
01:48:38.680 --> 01:48:41.880
able to prove negligence. Help me
out here. Tell me what you're trying

1385
01:48:41.920 --> 01:48:44.119
to get, Just just say it. What are you trying to get?

1386
01:48:44.199 --> 01:48:48.319
Money? Well? I no,
I think I personally feel from a customer

1387
01:48:48.720 --> 01:48:55.399
service standpoint and the fact that my
vehicle was sitting for weeks without being touched.

1388
01:48:55.520 --> 01:48:58.359
Okay, well, I'm going to
ask you the same exact question.

1389
01:48:59.279 --> 01:49:01.680
You've stated your case, and this
is what I always like to say.

1390
01:49:02.159 --> 01:49:10.079
Therefore, what I feel like they
should wave my deductible? Okay, so

1391
01:49:10.319 --> 01:49:15.079
there is something you want. How
much is your DEDUCTI? Yes, Okay?

1392
01:49:15.359 --> 01:49:20.399
What did they say when you offered
that? They basically said, oh,

1393
01:49:20.479 --> 01:49:24.159
we haven't waived your deductible yet,
And I said, no, not

1394
01:49:24.279 --> 01:49:30.000
yet. He said that again.
I asked our Atturning and Colorado Order Repair

1395
01:49:30.039 --> 01:49:36.000
Act does not explicitly require repair shops
to provide an estimated completion date for repairs.

1396
01:49:36.880 --> 01:49:44.000
However, as a common industry a
practice they often do, but it

1397
01:49:44.159 --> 01:49:46.560
is not required by So I don't
know where you're getting that. Can you

1398
01:49:46.720 --> 01:49:50.560
point me to that, because you
need to point me to that area.

1399
01:49:51.199 --> 01:49:55.880
Then again, if they violated it
and didn't give you a completion date,

1400
01:49:56.279 --> 01:49:59.119
what do you do about it?
I mean you accepted that, you kind

1401
01:49:59.159 --> 01:50:02.079
of took it in with it.
How to completion date? Right? Yes,

1402
01:50:02.119 --> 01:50:05.279
because I wasn't aware of that at
the time. So there is a

1403
01:50:05.319 --> 01:50:12.199
second part now that now they found
a completely unrelated issue. They wanted me

1404
01:50:12.319 --> 01:50:14.880
to pay for it, not related
to the accent. Well what is it?

1405
01:50:15.560 --> 01:50:18.039
What is it? But it's an
issue of my air suspension. I

1406
01:50:18.319 --> 01:50:21.960
suspected it was related to the accident. It turns out it wasn't. They

1407
01:50:23.039 --> 01:50:25.600
wanted me to pay for They wanted
me to pay for it. I said,

1408
01:50:25.640 --> 01:50:30.920
this should be covered under warranty.
What year is your truck? It's

1409
01:50:30.960 --> 01:50:34.560
a twenty sixteen. Well it's not
under warranty. What warranty would it be

1410
01:50:34.640 --> 01:50:38.960
on? I got it, I
bought it used, so it's an extended

1411
01:50:39.000 --> 01:50:45.640
warranty. Here's here's tell me what's
wrong with the air suspension system by the

1412
01:50:45.640 --> 01:50:49.520
way. Uh, they said that
it was worn down. One of the

1413
01:50:49.640 --> 01:50:57.000
lines was worn down because it's a
defect in the way that it was manufactured.

1414
01:50:57.279 --> 01:51:00.760
Was it an aftermarket system? Nope, it came with the truck.

1415
01:51:01.119 --> 01:51:04.159
Where did you get Jessic, what
is the name of your extended warranty?

1416
01:51:05.279 --> 01:51:13.800
It's through Assurance. And first of
all, I wouldn't have this body shop

1417
01:51:13.880 --> 01:51:16.079
do that repair to begin with her. Are they saying it's mandatory right now?

1418
01:51:17.000 --> 01:51:19.880
Well? The thing is is I
I asked them to find out if

1419
01:51:19.920 --> 01:51:25.520
it was covered. Over a course
of two weeks, they lied and said

1420
01:51:25.560 --> 01:51:28.359
they sent in the paperwork. When
I followed up at the warranty company,

1421
01:51:28.439 --> 01:51:32.279
they hadn't submitted anything. I kept
calling to follow up to find out if

1422
01:51:32.279 --> 01:51:36.479
they had found out it was covered. And then they called me and told

1423
01:51:36.560 --> 01:51:44.720
me they went ahead and replaced that
part without my knowledge. How much I

1424
01:51:45.119 --> 01:51:47.520
don't know. They never gave me
a price on that it was covered under

1425
01:51:47.560 --> 01:51:51.680
warranty. So wait, wait,
wait, wait, so it was covered.

1426
01:51:54.000 --> 01:51:58.359
Yes, Okay, then why do
you care because I have there's a

1427
01:51:58.439 --> 01:52:02.680
deductible and how much is that deductible? Me? It's a two hundred dollars

1428
01:52:02.720 --> 01:52:06.760
deductible from what they said, can
I remember something? You better be really

1429
01:52:06.880 --> 01:52:12.279
anyway. I would be really,
really happy if they got something covered under

1430
01:52:12.319 --> 01:52:15.960
warranty that they discovered after an accident, because that warranty company could have so

1431
01:52:16.640 --> 01:52:20.399
put you together and said we're not
covering it. You are so lucky they

1432
01:52:20.520 --> 01:52:25.960
covered it. I mean, I
mean really, I listen, I would

1433
01:52:26.000 --> 01:52:29.159
be upset about the three months.
I'm not going to be upset about the

1434
01:52:29.199 --> 01:52:32.199
other thing. I'm just telling you
that right now. So what I would

1435
01:52:32.239 --> 01:52:35.680
do right now is there's not much
you can Let's put it this way,

1436
01:52:35.720 --> 01:52:41.279
Lindsey. I don't think you're gonna
get anything from them for keeping your car

1437
01:52:41.439 --> 01:52:46.119
three months. There's nothing they did
that was negligent. They did not there

1438
01:52:46.159 --> 01:52:50.000
weren't negligent. I mean, you
got to prove that they did something wrong

1439
01:52:50.680 --> 01:52:56.560
to cost you a damages, and
I to be honest with you, I

1440
01:52:56.800 --> 01:52:59.760
just don't see it. If I
did, I would let you know.

1441
01:53:00.800 --> 01:53:04.640
I mean, almost everyone is having
a problem with parts and all of that.

1442
01:53:05.159 --> 01:53:10.880
If they can show they work diligently
during this time and did not,

1443
01:53:11.199 --> 01:53:13.680
you would have to if even if
you wanted to go to small claims court.

1444
01:53:13.760 --> 01:53:15.640
Let's say for one thousand and two
thousand, whatever you said your losses

1445
01:53:15.680 --> 01:53:23.119
were, you'd have to show they
breached their duty to you. They somehow

1446
01:53:23.560 --> 01:53:27.920
were negligent, and I'm not sure
how you can do that. I think

1447
01:53:28.000 --> 01:53:31.039
that you're upset, and I understand
why you feel like you were lied to

1448
01:53:31.159 --> 01:53:35.319
and led to a leed on right, But they got your job, they

1449
01:53:35.439 --> 01:53:42.079
did it, and now it's almost
done, so I think you're wasting time.

1450
01:53:42.399 --> 01:53:45.479
I'm being straight with you. If
you look at a lot of times

1451
01:53:45.560 --> 01:53:47.760
people don't hear what they want on
the show, and I feel bad about

1452
01:53:47.800 --> 01:53:51.920
that, but I still can't change
it just because people are going to feel

1453
01:53:51.920 --> 01:53:56.319
bad about it. I'd rather be
honest with you, so you're not wasting

1454
01:53:56.399 --> 01:53:59.640
a lot of time. I wouldn't
be happy with them. I wouldn't recommend

1455
01:53:59.720 --> 01:54:04.359
them. Maybe they could have been
more efficient, but but and especially the

1456
01:54:04.439 --> 01:54:06.840
part where they said, well we're
going to start right away and have sat

1457
01:54:06.880 --> 01:54:11.439
there for a week. That would
have pissed me off. But it was

1458
01:54:11.520 --> 01:54:14.399
a week, right, So I
don't think there's anything we can do about

1459
01:54:14.439 --> 01:54:21.279
it. Three O three seven one
three eight two five five go with a

1460
01:54:21.359 --> 01:54:26.680
sure thing Denver's best roofer Excel Roofing
dot com. You don't pay a cent

1461
01:54:26.880 --> 01:54:32.680
until you're content. Time for an
insurance check up free, no obligation.

1462
01:54:32.720 --> 01:54:38.640
In comparison, call Compass Insurance paying
too much your coverage at dozens of insurance

1463
01:54:38.680 --> 01:54:42.399
companies find out now three all three
seven seven to one help. You'll think

1464
01:54:42.439 --> 01:54:45.239
you're his only customer when you choose
Frank durand the real estate Man dot com

1465
01:54:45.479 --> 01:54:50.119
to list your home with Remax Alliance
three all three nine two zero sixteen twenty

1466
01:54:50.199 --> 01:54:59.159
two. Hi Tom Martino, you're
a troubleshooter three O three seven one three

1467
01:54:59.279 --> 01:55:03.079
talk three all three seven one three
eight two five five LJ. He's got

1468
01:55:03.159 --> 01:55:09.199
a question on timeshare LJ. What
is happening? Not a whole lot?

1469
01:55:09.239 --> 01:55:11.640
How were you? Mister Tom Good? What can I do for you?

1470
01:55:11.720 --> 01:55:15.920
Man? Well, my parents had
a time share that they've had for twenty

1471
01:55:15.960 --> 01:55:21.920
plus years. They are the actual
piece of I guess mortgage has been paid

1472
01:55:21.960 --> 01:55:27.760
off and now they just have the
maintenance feat. Well, my dad passed

1473
01:55:27.760 --> 01:55:30.600
away two years ago, and so
my mom is just getting in the part

1474
01:55:30.720 --> 01:55:35.439
of being able to get out of
it, and she's in her eighty I

1475
01:55:35.520 --> 01:55:41.760
don't think any of us kids are
beneficiaries on there. And I'm not sure

1476
01:55:42.840 --> 01:55:46.039
what the process is. It's a
Windom property and I know they have an

1477
01:55:46.079 --> 01:55:49.439
exit team, but didn't know if
you had any. Uh, let me

1478
01:55:49.560 --> 01:55:51.960
let me ask you a few things. Let me ask you a few things,

1479
01:55:53.119 --> 01:55:58.680
LJ. How much is this burden
to every year? It's about seventy

1480
01:55:58.800 --> 01:56:01.760
five dollars a month and just maintenance, that's it. Yeah, And there

1481
01:56:01.840 --> 01:56:06.399
could be special assessments that come up, so it's definitely something she wants to

1482
01:56:06.439 --> 01:56:12.560
get out of. What kind of
income and substance does she have? So

1483
01:56:12.920 --> 01:56:15.760
she just has Social Security and my
dad had with the government. So she's

1484
01:56:15.800 --> 01:56:20.239
got an annuity that comes in and
that's it, but it's not very much.

1485
01:56:20.920 --> 01:56:26.319
And is that annuity a government annuity
like a government pension of some kind

1486
01:56:26.520 --> 01:56:33.479
or is it? Yes? And
from from his retirement? Okay, Gary,

1487
01:56:33.560 --> 01:56:38.720
can they garnish his government annuity?
Do you know Retirement Planning Center?

1488
01:56:38.960 --> 01:56:44.000
Can they garnish his government annuity?
I don't believe so, nor his social

1489
01:56:44.079 --> 01:56:48.000
security? Okay? Does she own
a home? They own the house right

1490
01:56:48.039 --> 01:56:50.760
now, it's not known. Shouldn't
they own it? But they still have

1491
01:56:50.800 --> 01:56:54.800
a mortgage ship to doe on it. How much equity in the house.

1492
01:56:55.880 --> 01:56:59.439
There might be one hundred thousand dollars
in it. Okay, she is judgment

1493
01:56:59.520 --> 01:57:02.000
proof. Right now, she has
an exclusion far in excess of one hundred

1494
01:57:02.039 --> 01:57:06.239
grand because of her age. She
I don't see how they can come after

1495
01:57:06.319 --> 01:57:13.119
her for anything if she just stopped
paying. Okay, she might now listen.

1496
01:57:13.359 --> 01:57:15.199
It might be scary for her.
I don't know. She probably doesn't

1497
01:57:15.239 --> 01:57:18.239
need credit. They might try to
ruin her credit. They might try to

1498
01:57:18.399 --> 01:57:21.000
threaten her. She may just tell
them, look, I'm not paying anymore.

1499
01:57:21.399 --> 01:57:24.800
I paid it for twenty plus years. I'm not paying anymore. If

1500
01:57:24.840 --> 01:57:27.279
you want to come after me,
come after me if you want. If

1501
01:57:27.319 --> 01:57:30.239
you want the timeshare, I'll give
it back to you. She's judgment proof.

1502
01:57:30.359 --> 01:57:33.720
Let me tell you a couple of
things. Even if they got a

1503
01:57:33.800 --> 01:57:39.479
judgment, they can't take her money
and they can't take her house, so

1504
01:57:39.840 --> 01:57:44.359
they take the timeshare condom. Here's
the other thing. If they don't,

1505
01:57:44.720 --> 01:57:48.159
if they get a judgment and wait
until she passes, they could, even

1506
01:57:48.199 --> 01:57:55.000
though they never have, they could
put a claim against the estate. They

1507
01:57:55.159 --> 01:57:59.039
never have, but they can,
Okay, And if they do. They

1508
01:57:59.079 --> 01:58:03.119
would only be in time to what
has a crude and not damages or anything

1509
01:58:03.239 --> 01:58:10.520
like that. I just think that
if it was my mom and dad,

1510
01:58:10.640 --> 01:58:14.399
that's what I would do. But
if you want to hire an exit team,

1511
01:58:14.520 --> 01:58:18.039
it's going to be a minimum of
about four grand. And that's the

1512
01:58:18.119 --> 01:58:21.359
one thing we're trying to avoid,
right. She called, She called them

1513
01:58:21.439 --> 01:58:26.479
and let them know that she wants
out. She's I think again, I

1514
01:58:26.760 --> 01:58:30.840
know enough to be dangerous. It
seems like her position is pretty good to

1515
01:58:30.920 --> 01:58:34.680
where she doesn't own owe anything on
a mortgage, speeds or a payment.

1516
01:58:35.039 --> 01:58:38.840
Yeah, but they don't care.
They don't care if maybe if they want

1517
01:58:38.880 --> 01:58:41.199
to resell it, they'll take it
back. She's not going to get any

1518
01:58:41.279 --> 01:58:44.880
money for it, No, and
she's not trying to shed just like I

1519
01:58:44.960 --> 01:58:47.720
know. Has she ever used it, by the way, you know,

1520
01:58:48.199 --> 01:58:53.319
they my siblings have used it a
few times. But now she can't travel,

1521
01:58:53.439 --> 01:58:56.520
so she's not used and where is
it and where is it? And

1522
01:58:56.640 --> 01:59:01.399
for how long? And all that
her her Their home home base is Pagosa

1523
01:59:01.479 --> 01:59:06.479
Springs, but they can use properties
all over, so most of the time

1524
01:59:06.560 --> 01:59:10.279
when family travels, they'll have to
use it. When they go to Las

1525
01:59:10.359 --> 01:59:14.840
Vegas is usually the ones and it's
for a week. Is it for a

1526
01:59:14.960 --> 01:59:18.479
week or is it for points?
It's for points. It's the worst thing

1527
01:59:18.560 --> 01:59:21.880
you could ever have, worst thing
in the world. I mean, it

1528
01:59:23.039 --> 01:59:27.560
is really terrible. Like I said, if they don't just let her out,

1529
01:59:28.039 --> 01:59:30.119
I would talk to them if I
were you to say, look,

1530
01:59:30.159 --> 01:59:33.800
if you don't let my mom out
and just take it back, then she's

1531
01:59:33.920 --> 01:59:36.720
just not going to pay good luck
coming after her. She has nothing but

1532
01:59:36.880 --> 01:59:45.479
social Security. I would just play
some hardball, Okay, okay, I

1533
01:59:45.560 --> 01:59:47.319
mean that's what I would do.
That's all I can tell you is what

1534
01:59:47.399 --> 01:59:54.279
I would do. Man. I
would definitely make sure that those jerks don't

1535
01:59:54.319 --> 01:59:58.399
take it bad. Make sure anymore
social Security is going into a bank account

1536
01:59:58.479 --> 02:00:03.279
that's labeled at Although that's not required, it's a great idea. You want

1537
02:00:03.319 --> 02:00:06.239
to make sure that you know she
has an account that says you know,

1538
02:00:06.399 --> 02:00:12.039
Martha's social Security. Although if that's
all she has and is direct deposited,

1539
02:00:12.119 --> 02:00:15.560
that's pretty easy. But again,
just just keep an eye out and I

1540
02:00:15.600 --> 02:00:26.239
would just forget it. I'm Tom
Martine More coming up go with a sure

1541
02:00:26.319 --> 02:00:30.319
thing. Denver's best roofer Excel roofing
dot com. You don't pay a cent

1542
02:00:30.560 --> 02:00:36.319
until you're content. Time for an
insurance check up free, no obligation.

1543
02:00:36.399 --> 02:00:42.319
In comparison, call Compass Insurance paying
too much your coverage at dozens of insurance

1544
02:00:42.359 --> 02:00:45.039
companies find out now three all three
seven seven to one help. You'll think

1545
02:00:45.119 --> 02:00:48.920
you're his only customer when you choose
Frank durand the real estate Man dot com

1546
02:00:49.159 --> 02:00:54.800
to list your home with Remax Alliance
three all three nine two zero sixteen twenty

1547
02:00:54.840 --> 02:01:05.079
two. Hi Tom Martinez here three
all three seven one three talk three all

1548
02:01:05.119 --> 02:01:10.840
three seven one three eight two five
five. Welcome to the show. We're

1549
02:01:10.920 --> 02:01:16.039
here to help you any way we
can. And it's very interesting what's going

1550
02:01:16.079 --> 02:01:19.159
on in the course, both with
stem cell therapy and of course more importantly

1551
02:01:19.239 --> 02:01:25.239
the presidential the presidential race. Now, Mark has listened to the oral arguments

1552
02:01:25.279 --> 02:01:29.119
and one thing I wanted to mention, and I think it's the utmost importance

1553
02:01:29.199 --> 02:01:32.239
Mark, according to of course biased, I call them biased press releases right

1554
02:01:32.279 --> 02:01:35.960
now. When I go with press
releases, I do, uh, I

1555
02:01:36.319 --> 02:01:41.479
look and see who's writing them,
Okay, and in this one it's biased.

1556
02:01:41.680 --> 02:01:45.680
But they said, and this is
in opposition, they filed a brief

1557
02:01:45.720 --> 02:01:50.399
with Scotus saying it's it's called what
do you call it when they file a

1558
02:01:50.479 --> 02:01:55.479
brief friend of courtant, what's it's? Yeah, kind of like that.

1559
02:01:55.640 --> 02:02:00.560
It's it's basically it's basically emotion saying
we believe this. And I don't know

1560
02:02:00.600 --> 02:02:04.119
why. It's called an amicust That's
what it is, an amicus brief where

1561
02:02:04.279 --> 02:02:09.479
people weigh in. I don't even
know and I've never seen I don't know

1562
02:02:09.600 --> 02:02:15.880
the process if the justices actually take
into consideration the amicus the amicus briefs.

1563
02:02:16.439 --> 02:02:20.399
But anyway, this one said,
you know, this should be denied.

1564
02:02:20.760 --> 02:02:26.760
He should be left off the ballot. And here's why they claim that in

1565
02:02:26.880 --> 02:02:31.920
the entire case, if you read
this brief, that their attorneys made no

1566
02:02:32.199 --> 02:02:36.439
mention of him not being an insurrectionist, but that he should have immunity.

1567
02:02:36.760 --> 02:02:40.399
Now, you're the one that listened
to most of the oral arguments. I

1568
02:02:40.479 --> 02:02:44.880
didn't. Were they making the point? Did they address the insurrection part at

1569
02:02:44.920 --> 02:02:48.119
all? No, it had nothing
to do with it. It had Now,

1570
02:02:48.640 --> 02:02:55.279
what did Trump's attorney address the fact
that the state does not have the

1571
02:02:55.359 --> 02:03:01.159
authority to remove him from the ballot
even if he did even if he did

1572
02:03:01.279 --> 02:03:06.000
take partner insurrection or did they not
make that wasn't that wasn't their argument.

1573
02:03:08.079 --> 02:03:13.560
Okay, they they said they quoted, we quoted insurrectionist or not. They

1574
02:03:13.680 --> 02:03:17.680
quoted the attorney as saying, even
if now I'm not like I said,

1575
02:03:17.680 --> 02:03:24.520
I didn't hear it. Even if
a candidate were an admitted insurrectionist, the

1576
02:03:24.680 --> 02:03:29.840
fourteenth Amendment still allows candidates to run
for office. Now, I don't know

1577
02:03:29.880 --> 02:03:31.359
if you heard that or not,
but I'll tell you why. I'll tell

1578
02:03:31.359 --> 02:03:35.880
you what. The part of the
argument on Trump's side was because two thirds

1579
02:03:35.960 --> 02:03:42.119
of Congress can overrun that. So
if you are an insurrectionist and you do

1580
02:03:42.359 --> 02:03:45.840
get elected because people vote for you, and you get elected, then you

1581
02:03:45.920 --> 02:03:50.399
would have to have Congress vote I
think it was by two thirds in order

1582
02:03:50.560 --> 02:03:57.560
to allow you to become president or
whatever at that point. And there's a

1583
02:03:57.680 --> 02:04:00.880
mechanism, in other words, there's
a mechanism to overcome it. But the

1584
02:04:01.039 --> 02:04:04.000
state doesn't have that. No,
I get it. Does not get it.

1585
02:04:04.479 --> 02:04:08.840
But one thing we can all agree
on that a lot of people bring

1586
02:04:08.960 --> 02:04:15.960
up it doesn't require a conviction for
insurrection. That's not even part of the

1587
02:04:16.119 --> 02:04:19.760
argument. Who knows if it does
or not. And the argument from Colorado's

1588
02:04:19.800 --> 02:04:25.359
side is we did convict him in
the state of Colorado. Well they did

1589
02:04:25.439 --> 02:04:29.199
not, really they Well, the
Supreme Court found he was he took part

1590
02:04:29.319 --> 02:04:30.680
in an insurrection. Yes, no, they had a trial. It was

1591
02:04:30.720 --> 02:04:34.680
a five day trial. Trump decided
not to show up and prove that he

1592
02:04:34.880 --> 02:04:44.279
wasn't. So he was. And
they claim that Justice Sodomyer speculated that they

1593
02:04:44.359 --> 02:04:51.920
were jerrymandering the rule to benefit only
their client and that the fourteenth Amendment on

1594
02:04:53.119 --> 02:04:57.760
insurrectionistship should apply to everyone. Did
you hear anything like did you hear any

1595
02:04:57.840 --> 02:05:03.079
comments from the justices like that?
No? So anyway, they're claiming this

1596
02:05:04.880 --> 02:05:10.079
press release from an organization called cont
Listen. The bottom line is none of

1597
02:05:10.119 --> 02:05:14.319
it matters. Imagine if they actually
did keep them off, then Mississippi could

1598
02:05:14.399 --> 02:05:17.319
keep Biden off, then someone else
could keep somebody else off. Then all

1599
02:05:17.319 --> 02:05:21.399
of a sudden, you have one
state who knows what state is, the

1600
02:05:21.520 --> 02:05:27.720
only ones with both candidates on the
ballot deciding who is the president for all

1601
02:05:27.840 --> 02:05:31.800
fifty states. It's just ridiculous in
its face. There's this thing called logic.

1602
02:05:32.119 --> 02:05:36.520
You can't have states decide who the
hell's on a presidential ballot. It's

1603
02:05:36.640 --> 02:05:44.439
stupid. You know, logic does
side with you, but logic doesn't always

1604
02:05:44.479 --> 02:05:47.079
side with the law. The law
doesn't always side with logic unfortunately. I

1605
02:05:47.159 --> 02:05:53.319
mean, it gets to be really
crazy. There is no way, there

1606
02:05:53.439 --> 02:05:58.119
is no way this is not getting
overturned. There's no way. The president

1607
02:05:58.199 --> 02:06:02.800
would be unbelievable, will have other
states all of a sudden denying Biden.

1608
02:06:02.920 --> 02:06:09.720
Think of that slippery road. Now, even the larkest of lefties I disagree

1609
02:06:09.720 --> 02:06:13.600
with you on I disagree with you
on the Biden thing because it doesn't it

1610
02:06:13.920 --> 02:06:17.840
doesn't leave open states. Even if
they said that in this case, the

1611
02:06:18.000 --> 02:06:24.520
state can do it because of insurrection. I don't believe that it says a

1612
02:06:24.640 --> 02:06:29.600
state can take a president off for
any reason. Well, okay, it

1613
02:06:29.720 --> 02:06:33.159
doesn't say they can take them off
for insurrection. It doesn't say that.

1614
02:06:33.640 --> 02:06:38.680
So they just said it does,
or that's the argument they're making. So

1615
02:06:38.840 --> 02:06:42.720
why couldn't you make up anything because
he's stupid, we don't want him mine.

1616
02:06:42.920 --> 02:06:47.319
Okay, because let's not have stupid
arguments. Let's go to something real.

1617
02:06:47.640 --> 02:06:51.319
He gave a lot of money to
Iran. Iran is using that money

1618
02:06:51.399 --> 02:06:56.800
to kill Americans. Therefore, he
is aiding and abetting the enemy, which

1619
02:06:57.000 --> 02:07:00.720
in my opinion, is just as
bad as anything that happened on January sixth.

1620
02:07:01.439 --> 02:07:04.640
Well, okay, you're saying that
if they let this argument through,

1621
02:07:05.119 --> 02:07:09.760
what you're saying is they can let
any argument through. And I don't think

1622
02:07:09.840 --> 02:07:13.520
that's really what. I don't think
it would. I think they would still

1623
02:07:13.640 --> 02:07:17.479
have to show insurrection because I specifically
deal. Okay, but Mark, that's

1624
02:07:17.520 --> 02:07:23.119
not insurrection, is it? Well, how how the hell do I know

1625
02:07:23.720 --> 02:07:27.319
that that's what the Supreme Court is
there for? It sure is not the

1626
02:07:28.119 --> 02:07:31.960
state of Colorado to decide. Well, No, I don't think so either.

1627
02:07:32.399 --> 02:07:35.800
I think that when it comes to
national elections, like you said,

1628
02:07:36.239 --> 02:07:41.800
it would be ridiculous if states get
to decide, because you would have a

1629
02:07:41.880 --> 02:07:45.760
limited number of states deciding the presidency
for everyone, which would be crazy.

1630
02:07:46.199 --> 02:07:49.119
I mean, I do agree with
that. Three oh three seven to one

1631
02:07:49.239 --> 02:07:54.159
three talk seven one three eight two
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you're his only customer when you choose
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1638
02:08:22.439 --> 02:08:31.560
two. Hey, I'm Tom Martino, your trouble shooter. Three O three

1639
02:08:31.800 --> 02:08:35.439
seven one three talk seven one three
two five five. All right, So

1640
02:08:35.560 --> 02:08:45.520
summing things up today, folks,
sem cell therapy maybe getting a boost from

1641
02:08:45.600 --> 02:08:50.079
the ninth Circuit or yeah, the
uh, the the eleventh Circuit considering or

1642
02:08:50.119 --> 02:08:54.920
the ninth Circuit, I'm sorry,
considering whether or not stem cell is manipulation

1643
02:08:56.079 --> 02:09:01.720
or not. We're also waiting for
a decision on Colorado and whether or not

1644
02:09:01.840 --> 02:09:05.039
Trump will be on the ballot.
You know, this Biden thing came out

1645
02:09:05.079 --> 02:09:09.560
from the DOJ today, So listen
to this quote from the report. You

1646
02:09:09.680 --> 02:09:16.520
ready, go ahead? The President
Document, the President's Document Practices present serious

1647
02:09:16.640 --> 02:09:24.720
christ to national security. Biden presented
himself as a sympathetic, well meaning elderly

1648
02:09:24.880 --> 02:09:30.479
man with poor memory. That's why
they're not pressing charges that actually that actually

1649
02:09:30.479 --> 02:09:37.079
where to god, the report says
it. It's amazing, holy crap security

1650
02:09:37.199 --> 02:09:41.159
risk. But no, Trump,
I don't even want to get on this.

1651
02:09:41.399 --> 02:09:45.279
It is so unfair. What is
going on in this country right now.

1652
02:09:45.600 --> 02:09:48.680
It is unbelievable. This is the
US of A. Do you know

1653
02:09:48.800 --> 02:09:52.119
what, though, Mark, Honest
to god, I don't know how much,

1654
02:09:52.680 --> 02:09:54.319
how much you read on both sides
of this thing, I don't know.

1655
02:09:54.520 --> 02:09:58.880
I'm not saying you don't what I'm
saying the report, But no,

1656
02:09:58.159 --> 02:10:01.920
no, I'm not talking about that. I'm talking about in general. It

1657
02:10:01.199 --> 02:10:09.279
is astounding, not just that Trump
is disliked, but the extent of he's

1658
02:10:09.600 --> 02:10:15.119
it is. I have never seen
anything more venomous in my entire life.

1659
02:10:15.279 --> 02:10:20.800
Ever, I would say that the
dislike for Trump would be akin to Hitler.

1660
02:10:20.880 --> 02:10:24.800
Well, I sure wouldn't go that
far. But no, I'm not

1661
02:10:24.880 --> 02:10:26.840
saying he's like him. No,
no, I'm not saying he's liking I'm

1662
02:10:26.920 --> 02:10:33.840
saying what I see and what I
read on the other side of the fence,

1663
02:10:33.199 --> 02:10:37.800
not the people. It's because the
media has pumped that into stupid people's

1664
02:10:37.840 --> 02:10:41.760
heads. That's what they're supposed to
believe, because they're sheep. You know

1665
02:10:41.840 --> 02:10:45.640
what, I want Trump elected just
so all these crazy lefties will leave town.

1666
02:10:46.720 --> 02:10:48.880
Oh well, never do. They
always promise it's not whether he'll be

1667
02:10:48.960 --> 02:10:52.840
elected. I don't think he's electable. That's my own opinion. But in

1668
02:10:52.920 --> 02:10:56.720
any case, wait, wait,
wait, what do you mean he's electable?

1669
02:10:56.800 --> 02:11:00.520
What does that mean? I don't
think pete, I don't think that

1670
02:11:00.680 --> 02:11:03.319
he can win. Okay, well
you said that the first time. Yeah,

1671
02:11:03.439 --> 02:11:07.239
of course I did, and I
didn't shy from it. Listen,

1672
02:11:07.279 --> 02:11:09.079
I want to tell people. I'm
not giving you my opinions on him.

1673
02:11:09.640 --> 02:11:13.159
I mean I got mixed opinions on
him. That doesn't it doesn't. They

1674
02:11:13.199 --> 02:11:16.439
don't matter. It's any way in
the world you'd vote for Biden. And

1675
02:11:16.560 --> 02:11:22.359
let's just ask you man. No, okay, thank you, but I

1676
02:11:22.439 --> 02:11:28.319
will say this, okay, if
we're honest about it, right, okay,

1677
02:11:28.640 --> 02:11:31.079
And again I don't want to get
into this right now. But the

1678
02:11:31.199 --> 02:11:33.399
economy is doing great right now?
Do you know it's not? Yes,

1679
02:11:33.439 --> 02:11:39.199
it is. Layoffs are everywhere.
Tom Well, actually mark all the main

1680
02:11:39.319 --> 02:11:41.600
indicators. I'd like to say that
too, except you go to all the

1681
02:11:41.680 --> 02:11:48.079
main indicators and this economy is buzzing. You go to get the gross natural

1682
02:11:48.159 --> 02:11:54.680
product. You go to inflation,
you go to any marker unemployment, employment,

1683
02:11:54.039 --> 02:12:00.600
you go to investment, spending.
Confidence. Everything is doing well whether

1684
02:12:00.640 --> 02:12:03.960
you like it or not. Listen, you know one thing people either people

1685
02:12:03.079 --> 02:12:07.760
probably hate me because I don't.
I'm not gonna I'm not gonna go crazy

1686
02:12:07.840 --> 02:12:09.439
on one side or the other.
But I'm telling you when I look at

1687
02:12:09.520 --> 02:12:13.000
indicators, I don't know. Maybe
tomorrow you can tell me what's doing bad.

1688
02:12:13.159 --> 02:12:16.920
Seriously, Mark, Because I'm not
carrying a flag here, I'm not

1689
02:12:18.000 --> 02:12:20.880
trying to convince people what to do
with their vote or with their life.

1690
02:12:22.079 --> 02:12:26.079
I will tell them this though.
Retirement. We're all gonna face retirement,

1691
02:12:26.319 --> 02:12:28.880
and no matter what you are or
where you are, you're gonna want to

1692
02:12:28.960 --> 02:12:33.760
have security. So that's what we're
talking about tonight at the Delta Events Center

1693
02:12:35.119 --> 02:12:37.920
in Thornton. So I want you
to check it out and you can get

1694
02:12:37.920 --> 02:12:43.000
a seat there. I'll be there. Please rpcenter dot com or call them

1695
02:12:43.079 --> 02:12:46.640
nine seven zero sixty six thirty thirty
two eleven. And I mean that sincerely.

1696
02:12:46.960 --> 02:12:52.439
I want you to like to really
be careful about retirement. Avoid one

1697
02:12:52.520 --> 02:12:56.800
trick ponies. I call them someone
who no matter what they have one thing

1698
02:12:58.640 --> 02:13:05.960
to recommend void people who have schemes
or as we heard, real estate investment

1699
02:13:05.960 --> 02:13:09.760
trust. Nothing wrong with real estate
investment trusts in and of themselves, but

1700
02:13:09.920 --> 02:13:16.720
as you get older, these investments
that require that you buy shares and liquidate

1701
02:13:16.840 --> 02:13:20.840
shares other than the stock market,
it's very difficult, very difficult when you

1702
02:13:20.920 --> 02:13:26.600
get in these private things that sell
shares, because unless there's a market for

1703
02:13:26.680 --> 02:13:30.800
those shares, the issuers don't have
to buy them back, and you could

1704
02:13:30.880 --> 02:13:37.119
end up like that caller we had
today who basically she had shares in something

1705
02:13:37.239 --> 02:13:39.880
supposedly worth something. But if you
can't sell it, what do you do

1706
02:13:41.000 --> 02:13:45.319
about it? Then you run up
against the problem with minimum distributions you have

1707
02:13:45.439 --> 02:13:48.000
to take at starting at seventy two
or seventy three, you could be in

1708
02:13:48.079 --> 02:13:52.520
big trouble. Anyway, don't forget
rpcenter dot com for tonight at six.

1709
02:13:52.880 --> 02:13:58.600
I hope to see you there and
three zero three Martino call any time for

1710
02:13:58.720 --> 02:14:01.600
help. We'll get back to you. Gave all your problems for me,

