Yeah, ripped up news. Need that's so you don't have you come running
just as fast as we can. Shooter's gonna help come man. This is
the Troubleshooter Show. No Tom Martino. Hello, I'm Tom Martino. Welcome
to this show. What's going on in your life? We are solving problems,
answering questions, taking complaints, making your life just a little easier.
I have Brad O'Brien with me, Bradley O'Brien with O'Brien legal services. We
got a lot to talk about when it comes to real estate. Oh my
goodness, a lot of changes in the laws. We should go over them
and let you know what they are. But I will just say this in
a word. We're more than a word. It's bad news for landlords.
Landlords will not have it easy in this state. You know, for years
and years and years, and I didn't like this. Landlords had too much
power, rented out garbage, treated people like crap. I do believe there
was time and need for change went too far. If there's no balance,
if you have lopsided government on one side or the other, or you have
too much on one or too much on the other, too much for attorneys,
too much against attorneys, too much for consumers, too much against consumers,
too much for business, too much against business. You got to have
balance. When are we going to learn? Then? But the pendulum is
swinging and thanks to Polus and his I don't know what you call it,
his obsession to be like California. Basically, if you want to see what
will be passed in Colorado, look at California. I would say, every
bill and law, every bill passed, every act or bill passed and becomes
law in California is eventually going to make it here. We're going to be
talking about some of them. And why Brad believes a lot of people will
be selling mom and pop landlord operations. Give me a hint, Brad,
what why do you have you heard from people who said, mister O'Brien,
we need some clarification here. I mean, like, for example, the
one law was not that bad, but unrelated parties. I don't see a
lot wrong with that. But what was it before? Could landlords limit the
number of unrelated parties living together? Well, our counties had various laws about
how many people you could have in a rental house. I only came across
it a couple times in the last ten years, like for example, maybe
up in Well County, you couldn't have more than I'm just just throwing out
there, like eight people who were not in the same family. So a
big family of like eight ten people. Okay, that's fine. But if
you're going to have renters, and I thought it was I've seen some limited
to three people three unrelated it's house by house. I mean, how many
bedrooms do you have for you? Okay, So the state law they just
passed got rid of those caps, and so that's going to allow more dense
housing. Does that mean literally ten people could live there. I mean,
I haven't looked at it that close. Yeah. It just basically says that
the various county laws are now they're restrict In other words, they can't they
cannot be more restrictive than the state. Yeah, I suppose. So.
Yeah, so the state set's the limit on how many people can live together,
and the states trying to help. Their reasoning will be, for sure,
they want to help the homeless situation, and they want to help renters
split costs, and they want to make housing easier. This will lower the
cost of housing. I get that. I get that Okay, that's not
terrible, except so if a landlord says, this is what I want to
know. If they didn't rent you yet and you have three or four people
wanting to go on the lease that are unrelated, let's say four, and
you don't want four in there? Can you not rent to them? Or
could they could that because it's a law now that says it's okay, could
they bring an action against you? Do you think? Well, right now,
lanard does not have to enter into a lease with tenants for if they
have any reason, any reason except except discrimination right right against the protected classes
right like like yeah, the protected classes, race, religion, all that.
Yeah, that's about the biggest power of lanyards have now is to not
rent. Yeah, but once they're into a lease now the law's changed.
Yeah, we're going to talk about that. You can't just end a lease.
That's one of the biggest things we have found out with this new law.
You can't. It's you basically have a tenant for life. But you're
going to want to be listening to this. I want to go to Wan
right now though and take his call. Okay, Wan, what is happening
with you? Welcome and by the way. Anyone can call three oh three,
seven to one to three talk while we're on the air. That's seven
one three, eight two five five. And I also have a number I
run twenty four to seven and we check that number all the time. First,
while we're on the air, you can call right through. If we're
not on the air, you leave a message and I promise you we will
call you back. The number is three oh three Martino, three oh three
six two seven eight four sixty six. Okay, one, starting things out?
Now, what's going on? One? Yes, sir, Actually I
have a job in a Boulder for horses. Sanchez is a guy that hired
me to do a basement remodel. And actually, now you were hired and
who is this guy that hired you? What business is it? Well,
he's actually I was looking for his Uh. He has a real estate company
and he does like taxes, you know, services and but but he hired
you for houses that he owned. Yes. Actually, if he's on property,
is it a property he's renting or selling? No, he's buying that
property. I think is is he doing a fix and flip a yes?
What is his name again? Or his Sanchez Jorges? A chance Sanchez.
Okay, So Jorge Sanchez, I imagine you're calling about him, right,
Okay? What happened? Well, actually I finished the job. How many
jobs are you talking about? One? Here's one his house, he's basement,
okay, And what happened? I'll give him a contract. Actually,
we sign a contract for five thousand dollars, and then he asked me for
some changes. So that's what he still o me. And is it only
the change he owes you for or the whole thing? No, he gave
me a five thousand dollars payment on events and then when I'm done with the
job, actually he is to deal. Okay, So you were paid five
grand and the whole job was supposed to be originally five grand, but then
there were some changes. Exactly how much were the changes? Three thousand dollars?
Okay? Now is he disputing the changes? Yes? Actually he's lying
to me too many times. It's almost a year of passy. Well it
doesn't sound though. I mean, if the guy wanted to scam you,
I think he would withhold more. But it's been more than a year.
You have now, Brad, he lost his ability. Brad O'Brien's our real
estate attorney to put a lien on that if he stopped work a year ago,
right, I mean that isn't it too late to put a lien on
that? I think you only have four months to put a lien on that,
right, Yeah, after a period of abandonment before the job is done.
When abandonment is in effect, then then that's when the clock starts to
perfect your men. So when did you stop working there? I stopped working
on let's see three March seven twenty three. Yeah, you can't. You
can't, otherwise you could have put a lien on the house. You never
put a lien on it, right, Yeah? Because I never did,
because he was actually no, he kept putting you off, didn'ty. Yeah.
Well I tried to be nice with that guy, and I mean I
got finished my job on time, and he sent me a letter writing by
his hands and everything, and then he says he's going to start making me
payments for three hundred and fifion dollars? Did he ever make payments? Only
one? On the Here's what I want to know right now. You got
paid so far five thousand plus another payment of three hundred and fifty exactly.
That's all? Okay? Now, hold on. Now, I want to
know something. Yeah, when was the he is not disputing the three grand?
Is that true? Yeah? Okay, it's true. Then why don't
you take him the small claims court and get a judgment? You have a
you have six years to collect that debt, I believe, so why don't
we? Yeah? Have you thought about doing that? Yeah? Actually,
I got a number from the Boulder City County or something like that to make
a a small plane A part of the pair? Now is the one told
me about you? Oh? Yeah, he's my We grew up together from
the crib excactly. We worked together for Agents Detruction. And then I just
talked to him about this and he says, hey, I can help you.
I got a friend of mine, Tom Marino, and detail help you
out. That's why the reason I call you. Yeah, Karl and I
have lived around the country together, everywhere. We went from upstate New York
to Florida to Colorado. We've we've never been more than one hundred more than
fifty miles apart our entire lives. Listen, here's what I want to In
fact, we've been closer and live together. But I digress here. It's
always good to have a friend like that, isn't it like a brother?
Hey, here's what I want to say, Wan, if you went to
small claims court. I know it's a pain in the ass, but you
would get a judgment. And when you get a judgment, then you could
go back on that house if he still owns it. Does he still own
that house? Yes, yeah, Brad, he needs Brad O'Brien again,
Brad, if he gets a judgment. Now, even though he can't lean
the house. Once he gets a judgment, let's say a small claims court
for this three grand let's say he could put a lead. Can't you take
a judgment and go against a house. Yes. When you win in court
and get a judgment, you can get a transcript of the judgment issued by
the court clerk, take that to the recorder's office and record it, and
on that day you have a lean against all their real property in that county.
You don't even have to go specifically to each house. It's automatic.
When you put it right, you don't even have to say the property address.
Now one, did you hear that? Yes? Have you tried taking
him to small claims court? Well? Actually I tried to call you and
get this is straight up and see if you can help me out. But
I know that No, no, no, we listen, We'll we'll call
the guy. We'll talk to him. But Jorge, what I'm saying is
small claims court. Let me just ask you something straight up. You're documenting
it everything, or you're not afraid to go to court because they might do
something to you? Right? Yeah, I mean you are. I don't
care one way or the other. I'm just asking you. Are you legal?
Oh? Yeah? Okay, because even if you're not legal, you
can take someone to court. I mean what I'm saying is, no matter
what if you no matter what your immigration status is, whether you're an asylum
seeker, you're here without documentation, whatever, you still have a right to
be paid for work done. So what I'm saying is this that that doesn't
apply to you. We can give this this No you finished? Yeah,
I'm I'm gonna call him. I'm not real likes in so I don't I
don't mind to take him a coru. I mean no, no, but
we'll we'll help you first, Okay, maybe we can shake him loose.
This guy that you work for, this Jorge Sanchez, does he do a
lot of business in Boulder. Yes, actually he has an office. Uh
he does Foxes and uh I think it is a real estate also because he
can I'll tell you why, Kachina, who can we give this to that
can shake the tree a little? For this guy. I've got Deputy Dollar
in and Deputy g teeny oh oh, she's here, Okay, cool,
let's give it to her. I want to load her up a little.
Now. Here's why. And it's not Deputy Gene. We come on,
Sacchini. Her name is Marvel, Deputy Marvel. Are Oh, I must
have missed that. Okay, Deputy Marvel. You know, somebody says she's
really not your first deputy. She was Deputy Daft was a deputy, but
Deputy Daft was more like an associate producer and worked with Sue's help, like
you like you, but she so even though like I could call you,
deputy Kachina, you're not really so I'm still sticking to it. She's our
first official, kind of full time deputy. And we're gonna call her Deputy
Marvel, and we're gonna give this to her and have her see if she
can call even during the show, maybe see what this guy has to say.
He has an office. I'm running over time again. They should just
call me Tom overtime Martino. Would you like that? Shannon? Is that
a good name? Three zero three seven one three talk seven one three eight
two five five. By the way, this hour brought to you by Waterpros
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seven one help. You'll think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two appraisal. Hi, Tom Martino, you
are troubleshooter three all three seven one three talks seven one three a two five
five Fix it twenty four to seven. They are the I'm just gonna say
like it is. No one does it like they do when it comes to
extreme clean and increasing the efficiency of your AC. Get it done. Fix
my Home dot com fix at twenty four seven. It's only thirty nine bucks.
This deal is ain't it ain't gonna last? As they say, no,
I'm serious when they get busy with the heat, get it before the
heat. It really does extend the life of your of your AC. Fix
my Home dot Com. Okay, So, speaking of HVAC, let's talk
to Kent, Kent. Welcome to the show. What's going on? Kent?
Hello? Tom? Hey, what's going on? Bro? A few
times over the years, Oh really, maybe I'll remember them. But what's
going on today, Kent? Well, my daughters here and furnish went to
put So and her heat her furnace. Does she have like furnace and AC?
Yes? Single family home home? Yes, family home built in the
late seventies whatever, seventy six, mid seventies. Is that the original furnace?
I believe? So who last quite a while? My god, it
did? So. I think the hate exchanger is cracked. And you know,
there's the breed coming out of it, and we had an estimate.
A guy come in and give estimate. No matter what, I'm going to
tell you this, No matter what, after that age, you're going to
save money getting a new one because it's going to be way, way,
way more efficient. How big is her house? It's about nineteen hundred square
feet. Okay, So you had someone come in and what happened? They
give us an estimate of sixty over sixteen thousand dollars. You know, I'd
like to be shocked right now, But if I'm going to be totally one
hundred percent honest with you, that could happen depending on the company and depending
on the equipment. Now, do you mind telling me who did who quoted
you that? I'm not exactly sure I was. Okay, I will tell
you this for that size house for now. I'm not saying you can't get
screaming deals in between, but I'm going to tell you it wouldn't be unusual
to pay on the lower end eighty five to nine thousand all the way up
for a good one. Now I'm talking about a pretty good one. So
what is she getting for that? Oh? It was a she didn't agree
to it, did she? No, no, okay, we're just shopping
that that's thank you for calling. Thank god you didn't pull the trigger yet.
Now, I'm not telling you that my people could save you money.
I'm not telling you that, but I'm sure telling you you would be you
would be silly not to shop them. Well, shop the prices of furnaces
in online, and don't just go with the cheapest either. I'm telling you
we've had more and more people ripped off or they spend more money because the
the installation was bad. Okay, so what are you finding for prices?
Just what I said around eight to I'll bet you could go eight to eighteen.
Yes I can. I can find one from you know, twenty five
hundred bucks. You can get it. No you won't, No, you
won't. You will never get a furnace installed in that house for twenty five
hundred dollars, just a furnace alone. Well okay, well okay, then
you have permits, you have electrical, you have who knows what retrofitting?
I mean, come on, man, you you know you go buy eggs
and then go to a restaurant to get a breakfast. It's gonna be there's
gonna be a little difference there. Don't even tell me about equipment costs.
And first of all, I've been to I've been a Mastren contract for for
forty five years, so I know. So you know that. Okay,
So I can tell you I can could buy brick for a certain price,
but what difference does that make. What I'm saying is and I can.
I'm not insulting you. I'm talking to my audience. When you can buy
an outlet at home depot for two bucks or three dollars, that doesn't mean
you're going to have it installed for three plus another twenty. It's not gonna
happen because you have all the insurances, all the everything that goes with life.
It's just one of those things. So now here's the deal. The
most foolhardy thing anyone could do is find a furnace and have it installed themselves,
because in the long run it's going to cost him money. However,
the other most foolhardy thing as somebody could do is just pay out the nose
because they think they need to. So there's a delicate balance in there somewhere.
And by the way, twenty five hundred will get you probably an eighty
percent. You're not going to get a ninety five percent modulating furnace. Yes,
sir, I know. Yeah. So what are you calling about?
What can we help you with? Ken? I'm just asking if you had
something I recommend that now I do it people I can recommend, And I'm
going to tell you straight right up, right now, you will have to
do some homework because you're going to get from low to high. And they
all can justify it in their own minds because of their warranties, because of
their installation and how perfect they are and everything else. They can all justify
it. Now I imagine she's going to have to do both her air and
her furnace. Is that right, Yes, sir? Okay, now yes,
At the risk of pissing people off, I'm going to tell you what's
there. And I say pissing people off because everyone would want me to say
this is the only place to call. I'm not going to do that.
I'm going to tell you that we have good people. Now. I know
who i'd call for my house, but who cares. Now, let's talk
about this first and foremost. Let's talk about like Plumbline has something right now,
you should And again, if they don't want to come out and give
you an estimate unless they know you want to buy it. I would get
multiple estimates in your position right now to get an idea of what the market
is. But I would trust any one of them in there, because each
one of them will have a good deal. But it's a good deal on
what they're selling. When I say a good deal, it's not going to
be cheap. But how about this. You have Plumbline for example, it's
plumb Line Services, and they're offering a free I want a free furnace with
the purchase of an air conditioner. Now, obviously you're saying, how can
they do that? Well, because you need to figure that out, and
they do it, and they really do it, and they figure there's enough
margin in there they can get that done. Now, does that free furnace
an air conditioner turn out to be cheaper than someone else can do both of
them for? Maybe not? Okay, So check with plumb Line Services and
they're good, they're great people. Let's put it that way. Fix it
twenty four to seven. Let's talk about them. I know, George,
I know that company. They have great value. They might be a little
better price, I don't know, but they can get you. Yeah,
why do advertising for all of these people? Every one of them and they're
on my referral list. That's why I'm not going to tell you to only
go to one. I'm going to tell you that one thing. I know.
They'll do quality work. It'll be a good value for what you get.
It will not be cheap. But listen, my show is filled with
people who went cheap. That's what I make my living on people who went
cheap and regret it. Is that to say you can't get a great deal,
No, it's not. I don't want people to think they automatically have
to pay out the nose. There is a balance. So plumb Lines ever
fix it twenty four to seven has some great deals and they have they will
give you various recommendations. Fix my home dot Com. Okay, so you
have Plumbline Services dot com fix my home dot com which is fixed at twenty
four to seven. Then you have eight eight eight heating dot Com. Okay,
Garrett and his team have wonderful value. They're not cheap, but they're
not overly expensive. Okay. They will have different options for you. That's
eight eight eight heating dot Com. You can depend on them. For a
great service, okay, And I want you to check them out. They
have different and they'll even come out and do a service for you and check
every one of them, will come out and just see what you need.
But I don't think, no matter what, you should ever fix that.
No matter what, I don't care what it costs, you should get a
new one at this point. The other one is the other one is what's
his name, uh, Master Router. Now Master Router does plumbing and drains,
but he also guarantees he is starting to advertise in the springs for example,
guaranteed lowest price. Now he's been on my referral list for many years.
That's Master Router. And again, please people don't mistake the word Router
for all the other companies with the name Router in it, because, to
be frank with you, most of them are ripoffs with the name Router in
the name Master Router. They're great people. So I gave you a lot
to think about, but I'm not going to tell you a price. I'm
just going to give you a range. If they say they can do an
ac and a furnace of any quality for under eight grand, I would run
away from them because if they burn your house down or if something goes wrong,
they're not going to be around. I'm sorry, but that's life now
we got If you have any other questions, I got to take a break.
Three oh three seven to one three eight two five go with a sure
thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free, no obligation comparison call
Compass Insurance paying too much your coverage at dozens of insurance companies find out now
three all three seven to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero sixteen twenty two. Hi
Tom Martino here three O three seven one three tog three oh three seven one
three A two five five. By the way, Denver Regen dot com.
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Regen dot com. So let's continue here and then we're going to be talking
about the new bills or the new laws in renting for leases. Basically they're
automatically renewed, that's the way I put it. But our Less, what's
going on with you, Arless? Well, I'm over eighty years old and
I'm having roof problems. I have my leak, My roof is leaking,
and I needed some recommendations for people that would come out and see if I
could afford them. Okay, I would tell you know in your situation,
we can trust Excel Roofing. And I want you to call my friends over
there and you tell them exactly what you just told me, and that I
told you to call that now they will take very good, good care of
you. And thank goodness you're calling me first. Now do you have storm
damage? Do you know, Arles? Or is this just old? Well?
If you know it was old, I had an estimate last year and
the insurance company, which I've paid for for years and years, that it
was too old to repair. Well, what does that mean? Are they
saying? Wait, are they saying you're no longer covered. No, well,
I have to pay for it. I just I have some other problems
and I just want to pay for the leak. Okay, Arlest, how
old is the roof? Oh it's at least twenty Okay. Is it an
asphalt roof? Do you know? I don't know. Okay. Did it
start leaking as a result of a hailstorm or a windstorm? Well, we
had a lot of wind. I think it was Friday or Saturday and that's
when it started leaking. Well, you may have an insurance claim. Who
is your insurance company? Well, it's home something I have. My daughter
from Texas was here helping me with stuff, and she had a car accident
and hasn't been able to come here for weeks to help. Is she doing
Is she doing Okay? She's having a lot of problems. Uh. Oh
yeah. She was coming from the airport to help me here in Littleton and
and the uber driver was eating potato chips and ran into the car ahead of
her. Hold on, did she get an attorney here for that? Oh?
Yeah, she had to because she didn't know any doctors here. So
is she being represented here in Colorado? I think so? Yeah, Well
she better I mean she's going to have a good case against them if this
guy is eating potato chips and gets in an accident and she's is she injured
from it? Oh? Yeah, she went to the Swedish hospital and they
listen, Arlest, There's a couple of things I want to help you with.
First and form, there's three things I want to help you with.
You tell your daughter, if she doesn't have an attorney, we have great
attorneys that she should consider. I'm serious now, because she needs to be
represented. Those people should not get away with that, especially if she's injured
and if she hasn't signed up with an attorney yet. I want to make
sure she doesn't make a mistake there. Okay. And then the second thing
I want to help you with is your insurance. I want someone to look
at what you have to make sure you have good insurance. Okay, for
your house for the future. Okay. The next thing. The next thing
I want to do is someone from Excel look at your roof. Now.
They don't take a penny, not a penny from people until they're completely done,
and they won't sell you a roof unless you need it. And if
they can fix it, they'll fix it, so let me give you their
number. Can you write this number down? Yes? Three zero three seven
six one six four zero zero six four zal hell, that's excel Roofing.
Now. I also want you to call Compass Insurance Group for what they call
an insurance checkup. Kashena. Give her these numbers off the air and then
get then give her John Fuller's number. And that's for her daughter to call,
just to check it won't cost her a dime about what she needs to
do legally, and that's three oh three five nine seven. Take care of
her off the air. We got more coming up. Go with a sure
thing Denver's best rufer excel roofing dot com. You don't pay a cent until
you're content. Time for an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens of insurance companies find
out now three all three seven seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate Man dot com to list
your home with Remax Alliance three all three nine two zero sixteen twenty two.
Hi Tom Martino here three O three seven one three talk seven three two,
five to five. Joe, what's going on? Joe? We what's happening?
Hey man, what's going on? Jay? Doing good? What's happening.
So I'm from southern California. Yeah, yeah, and so don't blame
me about that. I was getting a motor built for a hot rod of
mine in Colorado. Uh huh. I'm a builder us and he basically over
the last two years or three years, as collected, stupidly, I had
paid him thinking motor was getting built. Wait a minute, you kept paying
him even though you had no proof of life. Well, things were getting
done. How do you know they were getting done? Did you come out
and visit? No? I did not. It was all done kind of
on a reputation. And I okay, who have you been paying the money
to directly to the owner of the shop. Who is it? His name
is Eric Brown of Go Cat Speed Shop in Eaglewood in Inglewood, So Eric
Brown, Eaglewood, Eaglewood, Yes, Eaglewood. Yeah, I've never heard
of that. Okay, Eric Brown? And what's the name of the shop,
Go Cat Speed Shop? Okay, And let me ask you this,
how much have you paid so far? Eleven thousand and five hundred out and
in the last six months since I told him stop the project, send me
your parts that you have paid for, refund you my money, He's only
sent me back a thousand of that. And I have tried to say,
wait, did you give him a corp to work on or was he doing
this from scratch? No, she was supplying the core. He was supplying
everything, cause that way I didn't have to ship a block from here out
there. And how did you find this guy? How'd you find him?
He's been building motors for quite a while. He's known kind of in the
industry. And I didn't do my dude, what does he do? Performance
motors? Yes, flathead motors. So you paid eleven to five so far.
You demanded a refund and he gave you one thousand bucks. Uh.
He sent me two five hundred dollars payments. And when I have asked him
multiple times to work at a payment plan, his answer is I'm a one
man shop. I'll pay you when I can okay, okay emails. If
he doesn't answer, checkt methoge of the phone call from me, we need
to give him a call. Kachina. I never first of all. I'd
never heard of Eagle would, but I'm going to look this up during the
break. Hang on, I'm Tom Martino three three seven one three talk.
We also have Brad O'Brien O'Brien Legal Services to talk about the new real estate
law, about leases and more coming up on the Troubleshooter Show. Stick around
three to zero three Martino as well. Three oh three six two seven eight
four sixty six. Go with a sure thing Denver's best roofer Excel Roofing dot
com. You don't pay a cent until you're content. Time for an insurance
check up free, no obligation comparison call Compass Insurance paying too much your coverage
at dozens of insurance companies find out now three all three seven seven to one
help. You'll think you're his only customer when you choose Frank durand the real
estate Man dot com to list your home with Remax Alliance three all three nine
two zero sixteen twenty two. Yeah, ripped of news. You need advice?
Who you don't have? Come run anxious successes? We can. Shooter's
gonna help coming man. This is the Troubleshooter Show. No Tom Martino,
Hi Tom, Martino Your Troubleshooter three O three seven one three talk three all
three seven one three eight two five five. Welcome to the show, the
only show of us kind anywhere in the universe where we are solving problems.
We got a guy from California, by the way, who has been paying
someone here in town and Eric Brown I believe his name is. He's been
paying them at Go Cat Speed Shop for the past year. He's been paying
them so far eleven thy five hundred. If he demanded a refund, he
got a thousand back. The guy says, look, I'm a one man
shop. I'll pay you when I can. But Joe, I have a
question for you, and that is you found this guy online, you sent
him money. He didn't give you any kind of problem when you said you
wanted your money back. Did he say, well, the engine's almost done,
or I put a lot of work into it, anything like that.
I mean it's been a year. Well no, Just to clarify, I
started paying him in twenty twenty one in January twenty three. The motor was
paid in full in November, since nothing still had not been done. If
you've been paying them, hold on, We've been paying him since twenty twenty
one, and it was completed when the motor was paid in full in January
of twenty three. January twenty three, okay, so what happened then January
came? Everything was paid in full. Hey, we're waiting on some parts.
I had actually sent him some money for parts that he had on hand,
and those were supposed to go on the motor. We were waiting for
parts. Stuff didn't come in. Stuff didn't come in. So was eleven
five? Was eleven to five considered paid in full, paid in full,
delivered to my door? But it wasn't delivered to your door. Nothing has
been done. And he said, okay, so you paid eleven five for
nothing? For nothing? It was constant. Hey, I got this real
quick one I gotta do. Hey, I'll get to yours next. Hey,
I'll get to yours next. Yeah, he spent your money, bro,
And this guy is known for it now that I've seen done my due
diligence after the fact. But you I don't even know how you got a
thousand So okay, you demanded a refund and got a thousand bucks. And
by the way, there is no eagle. I there isn't and I didn't
think there was. There's no Eaglewood. It's Englewood, but he's not.
What's the The address I have for this guy is not even Englewood though it's
it is the address you have eighty three twenty three South Balsam Street. Nope,
what a uh? If you if you go to his better Business Bureau
which that has had some things on it, one of them from me.
The address is four four two five South Santa Fe. That's Ingle Ride.
Yes, okay, this guy is a is a clown. Okay, I'm
looking at it for I feel like a clown. And by the way,
four four two five South Santa Fe is a storage facility. It's a storage
facility, storage unit. Sure, I think you've been ripped off. I
really do. We need to talk about We can't wait till after the show.
We need to call him right now, Kachina. We need to call
this guy right now. What's that sir? Other people I'm at other people
that I've spoke to just this morning, that hey, five years ago,
they sent him parts for a motor build and they still don't have nothing back,
no money, no parts, no nothing. Those guy's done it to
people out of the country. Those guys has done this all over. Yeah,
there's all over for it. Hey, tom So, I called him
and if you look under call notes, that is the gentleman's name and his
phone number. His voicemail is full, so I could not leave a message.
Okay, we got a we got a problem, Houston. You man,
God, I I'm sorry. I think, look at you know,
there's not much you can do. Not much you can do. Is just
is just it's a well no small claims court is seventy five is seventy five
hundred bucks. That's small claims court. And here's the other thing. Even
if you get a judgment, what does this guy have? He has a
storage unit? I mean, I'm not sure what he has or and his
phone number goes through to when you call, it's full, right. Yeah.
And one one of his last emails he sent me was he had to
sell his prize truck for me because of me. And I said, well,
then if you sold your trucks, then send me my God damn,
I'm sorry, send me my money. Yeah. Listen here, I think,
Shannon, that's okay, I'm serious. I mean, but here's the
deal, man, we got to go after this guy. I don't know
what we do. We got to put him out of business for sure.
We got to warn people about him. We need to find a picture of
this guy somewhere. Is he on Facebook? Do you know? She's been
kicked off every social media platform there is? Are you kidding me? Including
the hot rod forums and all that stuff? Oh my god? So and
he might be out of business. Find that I could send is insane.
Have you know? The guy's are crooked? But nobody by the way,
it's permanently closed. Just found that out. He closed up shop. Does
it say when, Nope, it just says permanently close. And by the
way, you're right, he's all over the internet ripping people off all over
gosh, dang it. I mean, how did you, seriously, how
did you find out about him? You know, the the hot rod industry
people people talk, and you know there there's other local guys that I should
have went to trying to be something different. Hey, you know, I've
seen some of his motors and when they're done, they're great motors. And
I was like, hey, you know what if that's not going to happen,
we can do this. Hey, it's not gonna happen, Okay,
I trust, I'm gonna, I'm gonna, I'm gonna trust it at the
last time I'm ever gonna trust anyone ever again. I mean, if I
haven't stripped your hand in the past, it doesn't matter about shaking hands.
You don't pay up front. How about that one? I agree? Like
I said, I mean, man, this is really bad. This is
really bad. And unfortunately they won't do anything to them. They won't.
You know, the only the only people in business who who don't get away
with fudging and doing stuff is Trump. Everyone else gets away with it everyone
And uh, I'm I'm serious, man, this sucks. I want to
figure out where if he's closed. I wonder if someone can actually ride by
there his new address on Santa Fe. It's a storage unit. Maybe somebody
could drive by to see me. Still, but it says permanently closed.
Any of my deputies out there, I'll drive by forty four twenty five South
Santa Fe. Yeah, I'll drive by. Let's figure it out. Call
us by sel I want to know, man, you mean after the show?
Bro? Yeah? Probably after the show? Good? Good? Okay,
ah, man, let me let me figure this out. Well,
let's see if we can come up with something creative. Maybe my YouTube morons,
my Facebook flunkies can come up with something creative to do. But I'm
telling you, these people are just they keep coming out of the woodwork.
People just keep getting ripped off. I'm trying to find a picture of this
guy because when I do a sleeveze brigade, I like to get a picture
of people, you know, So let me know if you can find one.
Have you ever looked him up on Facebook? You're not there? Oh
you said he was kicked off? Damn it? Ye? Did he have
a website at all on his about his company? Yeah, he's got an
old website. What is it called? Go Cat Speech, Go Cat speed
Shop. I want to I want to see if that still comes up.
Okay, thanks man for calling. We're gonna be in touch with you.
Uh all, this is a brochure. Yeah this this it's still there.
But it's just an old, ugly website. I've been into cars and hot
rods as long as I can remember. What a piece of crap? Oh
man, how old is this guy? Do you know? I wonder how
old he is? How old is this clown? Anyway? Find out love?
We got to find this guy. If anyone knows anything about it,
let us know three oh three seven one three talk seven one three eight two
five five Frank durandereal estate Man dot com. He will do a market evaluation
of your home for the asking. He'll tell you what it will sell for
almost to a certainty because he's has so much experience thirty years and he can
tell you what you're gonna net and what you can buy, all of that
free of charge, no obligation, really no obligation. You'll learn a lot.
He takes into consideration all the market factors. That's three oh three nine
two zero sixteen twenty two. Frank Duran the real Estateman dot com. Go
with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay
a cent until you're content. Time for an insurance check up, free,
no obligation. Comparison call Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three oh three, seven to seven to one help.
You'll think you're his only customer when you choose Frank Durand the Realestateman dot
com to list your home with Remax Alliance three oh three nine two zero sixteen
twenty two. Hi, Tom Martino, you're a troubleshooter. Three oh three
seven one three talk three all three seven one three eight two five five.
Well, apparently this guy has ripped off so many people. Man, we're
hearing from everybody about this clown. So he is a problem, a total
problem. Three oh three seven one three eight two five five. Whoo,
let's talk. We're we have his phone number somewhere, do we uh,
And we're gonna we're gonna try calling him, but he disappeared. We're trying
to find pictures of him online as well, so we can get a sleeze
brigade going on him. Stephanie, what's going on with you? Stephanie?
Hi? So hi. I don't even know how where to begin. So
we bought We bought a twenty twenty three brand new Yukondinaliti Ultimate. We bought
a state because where how did you find it? It was it used?
No, it was brand new? Oh a new one, okay, twenty
twenty three Yukondinaley. I had to because they they weren't making a lot of
diesels and they weren't making this trim level. I had to call around and
we finally found one out of state in Utah. Okay, you found it
in Utah? And was it at a dealer? Was it a dealership?
Yeah? Okay, what was the name of the dealer. The dealer is
Provo Buick GMC Provo. Okay. So we get the car, the cargets
driven out here, we pay for we pay for the guy to drive it
out here. Salesman drives it out here, drops it off. He says,
hey, there's I noticed some rattling when I was when I was driving,
we just think, okay, maybe when you paid a guy to drive
it. How did you find this guy? He was a salesman for Probo
b A GMC. Okay, got it all right. So we take long
story short. We take the car in for the rattling, and that's when
the story begins. So they have to reseal the entire engine on a brand
new car with I would say, I mean there was probably a wait a
minute, wait a minute, what do you mean seal the engine? That's
what they said. They said, we have to reseal the entire engine because
there I have no idea what I don't even know what that means. Reseal
an engine what does that mean? I don't either there was there was oil
leaking all over our garage or brand like resealing would mean all the gaskets,
one of the gaskets. I mean, I'm not expecting you to know.
They didn't tell you, but I'm wondering out loud here, Steph, Like,
what the hell are they talking about? Anyway? What happened then?
Like like it was? It seemed to me like it was all of them
because they had it for they had our car for a good month. Okay,
hold on, what dealer did you take it to? Here? We
took it to automation by oke GMC, which is because amazing. Okay,
it was leaking oil. You took it to autoation? Yes, okay,
So here's what I want to know. AutoNation? Which one was it again?
The one in Park Meadows? The ok GMC? Okay? And so
what did they do? So they reassealed the engine or whatever they needed to
do. Everything was under warranty. So they have been amazing up until this
point. They gave us a loaner. They good, Okay, you like
them, they've kind of bent over backwards for us. Yeah, they have
been great, and I mean they didn't happen, but it's under warranty rights
the car, it's under warranty. Yeah. So so fast forward. So
we bought the car February of last year. Long story short. Within this
last year, we have taken the car in you're talking February of twenty twenty
three, yes, correct, and you've to and how long have you been
messing with it the last year since we've had it, We've we've taken the
car in the check engine light, pops, I would say at least once
every other month. Is it still you? You unfortunately are beyond the Lemon
law. Well, here's the kicker. We actually followed the Lemon law with
or we went through the whole Lemon law process with GMC. We've told them,
you know, we've been at that point, we had been out of
our car a combined total of about forty five to fifty days. Because it
I mean, it's it's yeah, that would have qualified for the lemon what
happened when you went through it? So they basically told us that that there
was because we hadn't We hadn't been out of a it wasn't an incan like
the inconvenience basically didn't matter, and there was who told you that? Who
told you that? The arbitrator, Yeah, the arbitrator. So they told
us that there was nothing that that couldn't be fixed, and they were actively
still trying to fix it, and it wasn't beyond repair, and they continued
to repair it. So the Lemon law does not apply. So in that
so we've had to reseal the engine. We've had to they had to replace
the catalytic converter. They just had to. We just had it in not
long ago. They keep telling us that I guess the diesels are because there's
so many regulations on them. Now the emissions are popping. That's what's making
a lot of the chick Okay, listen, Yeah, Stephaniet a car,
it's new, it's under warranty, and you're having terrible luck with it.
Now you're telling me for the Lemon. Actually, I would have hired an
attorney and sued the dealer for that. That not not not the local dealer.
I would have sued that dealer, and I would have sued Beeber because
but it's gonna I should not be a jud it's a GMC, so you're
gonna have to it's technically GMC, not Cadillac, right right right, Okay,
so you're gonna have because the Escalade is is its sister vehicle, right
yeah, Like okay, I you're going to have to bring a lawsuit if
these people say, I mean other than that, or or you lawsuits will
get action. Even though a Lemon law did not help you. I mean,
how can they say that you lost use of the car? But I
think I would be the Utah law that would take effect. That's where you
bought it. Well, Utah Lemon law, they're they're almost identical. There's
not really which is thirty days thirty days loss of use or the same problem
four times? Yes, did you have the same problem four times? Where
you go? I mean it was it's been the check engine light. So
I but no, it's not saying now that that that doesn't mean the same
problem. But you did have laws of ufty days. Well, how do
they say being out of it? For where did you file your Lemon law?
Well, so you start to claim online, where did you file it?
Where did you file it? You mean what state or like where on
like what state and where you're supposed to go through the the UH program.
Huh Yeah, So we went through the Better Business Bureau. The Better Business
Bureau directed us where where? Where? Online? Through you? Okay in
Utah? Good? Okay, Yeah, that's where you're supposed to. And
it was the Utah BBB who said you don't have a case, the arbitrator.
Arbitrator. Yes, well they're wrong me, it doesn't make sense right,
Well, they're wrong, but you see that doesn't preclude you're a lawyer,
birthplace. You can still sue under the Lemon law. How much did
you pay for this vehicle? Ninety? Oh my god. Yeah. We've
got three small kids and it's just like, this is a nightmare. It
sucks. What was the okay are you saying you've never had any trouble free
time with this thing? Ever? Very rarely? There's there has not.
I would say we've taken it in almost every month, if not every every
other month. It hasn't been. We haven't had we haven't made like a
six month stretch with no problems. When when is the warranty of three years
thirty six I think three years thirty six thousand miles, three years fifty thousand
miles, I don't We still have two more years with the warranty, but
what do you want. I just want a vehicle that actually that is reliable,
that I'm not having to worry about, like potentially getting stuck on the
side of the road with my kids and my husband's at work, and you
know, it's like, I just want a reliable car that I don't have
to take to the shop every day because if the dealer washes hands of it.
In Utah, Listen, basically, you're not You're not going to like
what we hear. You're not going to like what we have to say.
I think you're gonna have to sue Buick. Yeah, excuse me, I
keep saying you because of provo provo GMS, you're gonna have to sue the
dealer out there and GMC, you're gonna have to bring a lawsuit. You
see, let me just explain something to you. The Lemon law does not
mean you can't sue. It just means it's an arbitration process they want you
to go to first. It doesn't preclude you. You didn't sign anything,
did you on binding arbitration or did you never even go through it? We
we signed, I don't I'd have to look through my documentation. I don't
remember what we find well you could have. You may you may have signed
your rights away. I wish you would have called us in the beginning.
I wish so too. Man, it's been well, yeah, but you
waited too long. Reach out to a lawyer. You got to tell me
what you signed. If you signed a waiver and said you would have buy,
did you actually go through the arbitration we went to. Basically we went
to I forget what it was called. Maybe it was called or mediation or
arbitration. So we get to the we present our case, they present their
case. Okay, then you did. Okay, you lost. In other
words, you lost, ye okay, if you lost. If you lost,
you better hope you didn't sign a binding arbitration agreement. Call us back,
because really, if you did, you're done. You're just done,
okay. I mean, I don't know what else to tell you. If
you sign that, we're done. If you didn't, then there are some
really good attorneys you can get. Three oh three seven to one three talk.
Just call us back. I got you down here logged three oh three
seven to one three eight two five five. Genesis Total Exteriors, by the
way, will take care of the outside of your house. No matter what's
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seven seven one help. You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hi Tom Martino here three oh
three seven to one three talk three oh three seven one three eight two five
five. Okay, So, Brad O'Brien, we have a question about uh.
I hate even bringing these up. Squatting and someone wants to know if
you can prove breaking and entering. Brad O'Brien O'Brien Egal Services, He's a
real estaler. If you can show or prove breaking and entering does that enter
into it? Isn't breaking and entering a crime? If someone is living there
after you get back from unextended stay or after a weekend and somebody's in your
house and they claim they live there, well, if you can get the
police or sure you have to do something about the breaking or entering and just
remove that person, that's ideal because then you don't have to really go to
the eviction laws. Okay, but so breaking and entering still is wrong if
there is evidence of that. But if somehow they got in and there's no
evidence of that, that's where the problem comes in. Yeah, if the
police won't won't actually pull the people out of there right away, like right
after they break an enter, then you have to look at the eviction laws.
Now. I don't know if you've seen on YouTube and Instagram and a
bunch of social media people taking squatters enforcement into their own hands, well that's
called self help and that's illegal, and then'll get a landlord in trouble.
But in the cases we've seen online, they're saying that the people that they've
evicted don't have a pot. Basically, they have nothing and there's not one
thing they can do now, I imagine there's somebody sophisticated they would fight it.
But so far, these people that go to rescue for the squatters or
excuse me, they're not squatters rescues. They landlord or homeowner rescuers. They
rescue homeowners from squatters. They've literally you've said some of them. They take
a chainsaw and chainsaw the door open and go in and throw everything out,
and almost dare the people that do something about it. And the people are
so frightened that they know they don't have a leg to stand on. Even
though you can get in trouble for that, very few people are getting in
trouble for it. Well, that seems to me to cross the line.
I think these rescue companies. Where they don't cross the line is where they
purposefully co squat with somebody. Oh I've seen that, that's right. They
go in and say we live here too, Yeah, And they don't do
the dishes, and they they don't flush the toilet, and they just try
to annoy the squatter and so that to get the squatter to voluntarily move.
But it is amazing to me that this problem even exists. I mean,
it really is amazing to me. But someone has figured out the law and
said, hey, technically, if I claim residency here. We had a
woman the other day who allows someone to get all of their mail there and
to call it their permanent address. They don't live there, but they allow
it, totally allow it, and it's been going on for one or two
years. If that person wanted to live there, I wonder could that person
who owns the home keep them out. I've not seen that case, but
I don't think that person has occupancy just because they get to chase the mailbox.
Okay, Okay, they don't have keys, they don't get to go
in. Say no, they don't, but they called it their residence.
So if this woman is ever away and she comes back and sees this person
there, I mean, they would have evidence of a permanent address for years.
But then the person would have an argument or would have evidence that there's
an oral agreement that only a license was recreated, not a tendency. Okay,
all right, Now Edward wants to talk about social security? Edward,
go ahead, what's going on? Ed Edward? Edward, Hello, I
guess he's I guess he's not. Let's let's move on. I really don't
have time if people are off the phone. Matt, go ahead, Matt,
what's going on? What's happening in Matt? Actually it's actually Mark.
I was just calling about that in flat Head Shop. Okay, what do
you know about it? I mean, the guy's been ripping people off for
years. I think you already got to that point. I seem to be
in somewhat good graces with him. Do you know where he is? Mark?
Do you know where he is? I think I do, yes,
I mean I know where a shop is, and as a is he on
South Santa Fe where they said he was? He is? Yeah? But
is he still there at forty four twenty five South Santa Fe? I think
so. It looks like a storage building, but it's a bunch of different
little small lights in the shops and he's kind of in the back on the
west side. Well, how the hell is he getting away with it?
I don't know. I think you know, it's taken years for people to
take it to this level. But as you can see by googling him,
I almost gave him money until I googled him and then Joe. Actually he
posted something on Facebook recently and I reached out to him, and that's kind
of I encouraged him to call you. How old is this guy? It's
probably forty okay, that's what I'm seeing. It's maybe fifty, maybe fifty.
Is he blondish? So I only met him once, but I think
so. And he's tall, tall the average or average to tall. I'm
just trying to figure out where his picture is. I'm trying to get him
posted up so we can. You don't happen to know where if would you
know what if you saw a picture of him, probably go on his website
and see if those where it says other pictures, see if any of those
pictures are him. He has an open house picture, and then he has
a picture with a couple of girls he calls the I think he calls him
the bing girls or whatever. If you go on his website, huh,
I said, lucky girls. Yeah, yeah, I know. I think
that's him. I'm trying to get a picture posts on him. So I
just don't know how he gets away with it. I mean, why people
I haven't gone after him, you know, I mean when he was talking
to me about building my motor. He knows what he's talking about, you
know, and people probably trust him. I just had to wear it all
to actually google him before I did it, And that's when I found out,
you know, the stories from years ago, and I mean people from
across the country. People I know it different how I mean, you know,
you would think you would think you can fool some of the people some
of the time. As they say, man, stopping, he's not stopping.
I don't so I believe that it's him and the hat and sunglasses midway
down his page and like the old coop roaster. Really that black and white
photo. No, hold on, let's see. Okay, I'm trying to
We're going We're on got cat speech Shop. Where did you go when you
got on there? Go cat? Did you go in the front page,
crop page? Yeah, if you scroll down to like past kind of where
it shows a bunch of pictures of some nice cars. Yeah, and then
there's a picture with a guy sitting in a convertible coop with a green umbrella
behind him. Okay, okay, I see, yeah, pretty sure that's
him. Not a great picture. Man, What a ripoff? What a
frickin ripoff? Thanks for that, though, I mean, hey, you
know something, I don't know what the hell is going on? This is
like this is like world class ripoffs. What amazes me is that he keeps
finding pigeons to pay him money. Yeah. Yeah, I wonder if he
ever intends to do any of the work. I don't know. He's got
a lot of valuable parts in the shop. You know what. That's hopeful.
That's hopeful. I'll tell you why. If somebody gets a judgment,
they can do a rid of execution. I've seen that happen before. We've
had years ago, we had a collection attorney who took some consumers. They
got a judgment. Brad, I don't know if you know about these,
but they're called ritz I'm treat at a rid of execution. He took the
judgment or the and then he went to the shop and they I don't know
what steps were in between, but he literally got a writ and went into
the shop where they could take stuff out. This was a hot tub dealer,
and they took hot tubs enough to sell to pay off and satisfy the
judgment. Have you heard of that. Yeah, after you get a judgment,
you can do a post judgment proceeding to get a writ to either get
possession of personal property or real property. Yeah, you go right into a
shop, so if this guy's got stuff in there, they can take it.
Go with a sure thing Denver's Best roofer Excel Roofing dot com. You
don't pay a cent until you're content. Time for an insurance check up free,
no obligation. In comparison, call Compass Insurance paying too much your coverage
at dozens of insurance companies find out now three O three, seven to seven
to one. Help. You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your home with Remax Alliance three
nine two zero sixteen twenty two. Hi Tom Martino here three oh three seven
one three talk seven one three eight two five five. We're here with Brad
O'Brien O'Brien Legal Services, and we uh talked about earlier talking about this law,
and we'll get to some of it now and some of it later.
Meanwhile, we're also taking your calls. Don't forget. You can get right
through right now. Finally, we have a break in the calls at three
oh three, seven to one three talk seven to one three eight two five
five for bread. We don't you know, we only have thirty seconds,
but basically if you had to sum it up in a sentence or two.
The new law that says what you can't automatically end leases? Would that be
a good one? Lambler cannot non renew a lease unless they have a just
cause, like they want to sell it or renovate it. We'll move back
in. Do they name specific justice in the law. Yes, it's laid
out there in the statue, and it can't just be they don't want to
rent to this person anymore. That's right. What if the person has been
late? I want to kiss if they've if there are three or more times
late or coming up, hang on, go with a sure thing Denver's Best
roofer Excel Roofing dot com. You don't pay a cent until you're content.
Time for an insurance check up free no obligation comparison call Compass Insurance paying too
much your coverage at dozens of insurance companies find out Now three O three seven
to seven to one help. You'll think you're his only customer. When you
choose Frank durand the Real estate Man dot com to list your home with Remax
Alliance three oh three nine two zero sixteen twenty two rint News, you need
you don't have, Yeah, shoot's gonna help. Come man, This is
the Troubleshooter Show. No Tom Martino, Hi, Tom Martino here, Welcome
to the show. Three oh three seven one three talk three oh three seven
one three eight two five five Welcome. We have Brad O'Brien with us from
O'Brien Legal Services, and uh we're talking about the just Cause Bill, that's
what it's called. And uh we're taking Paul. He has a question on
it as well. I'll start out with Paul. And by the way,
this is the Troubleshooter Show where we solve problems, answer questions, and take
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seven zero two seven seven six. Welcome to the show, and what's going
on. Let's talk about that. Let's talk about this just cause Bill,
Paul, Yeah, thanks Tom, Yes for Brad. And I think I
know the answer wouldn't hold up and caught port if I put a clause in
my lease saying that the tenant waves's rights to anything of the just cause bills.
No, the new bill specifically states that any waiver like that is void
and not enforceable. Okay, do you think this could be challenged stitutionally?
I mean I think so personally. I mean, you have property and you
decide you don't want to rent to somebody, and if it's not for a
reason of discrimination, I don't see well how they can force you not to.
But Brad, what do you think? I'm not a constitutional law attorney,
but there might be an argument here for a taking without just compensation because
you stay. Essentially through legislation has taken away a real property. Right now,
I want to know this, Paul, Are you a landlord? Yes?
You know it's getting more and more difficult to be a landlord these days.
We haven't even talked about the new increased habitability standards. But let's talk
about this one. And by the way, I want to go on record
as saying, for many many years, I thought renters had no rights,
and I thought it sucked, and I thought we needed to help this just
cause doesn't make sense to me. If somebody simply doesn't want to rent you,
they shouldn't have to rent you. They You know, what if what
if Here's what I need to know, Brad, What if I don't like
it? Because what if other renters don't want that person there because they cook
stinky food? I'm serious about that. Well, there's something in the new
law about nuisance, but it's not really well defined. No, it's not
so if if the tenant causes nuisance or disturbs the quiet enjoyment of the place
affecting other residents, that potentially is the reason to not But but here's the
problem, here's the main problem. If Paul just wants to get rid of
that tenant because he gets a lot of complaints about stuff, he's got to
take. It's got to go to court, that's right. Only a judge
who can decide if that's right. Who's right on that? Yep? Paul
isn't that a pain in the ass. So you basically are going to end
up in court every time you want to get rid of somebody. Basically,
yes, I mean I was at the hearings and the premise of the law.
The you know geniuses who came up with this. Uh, they talk
about people who you know, complain about the heat, so in retaliation,
they don't renew the lease. More, in a case of a divorce,
the landlord takes the side of one and the other one is left in the
rental. So because you took the side of the other person, he's not
going to renew the lease. You know, they may be valid situations,
but the legislature they take a small problem and they painted with a really broad
brush and just creates problems. I mean, they profess to attempting to make
housing affordable, but everything they do costs landlords more money. And guess,
yeah, you're right, You're absolutely right, Paul, But this is government
isn't every years? Sure? And here's the other thing. Okay, so
now you basically at the end of a lease, you have to renew it
unless you have just clause. But what is just cause that's the problem.
Many times that just cause must be fought out in court. If somebody doesn't
want to leave, then by golly, Now what about if I want to
raise my rent? Are their rent controls? Can I just can I raise
it? Brad? Well, well, go ahead, Paul. The new
law says you can only raise rent once in a twelve month period. Well,
there's nothing wrong, I don't says, yeah, I don't know,
but can you raise it? Okay? Let's say you're getting two thousand dollars
a month for a really nice unit and you want to get twenty five hundred
and then the person can't afford it, so they leave, right, I
mean, is that okay? Or is there there's got to be some kind
of limit, right, Well, this new statue puts a reasonableness in there,
and so again it has to go to court. That's right, it's
not defined. And it also puts a ninety day notice requirement in there with
aler has to give ninety days advanced notice when they want to change their least
form. It's ambiguous whether that includes the increasing the rent, you know,
Paul. Brad said he suspects a lot of mom and pop landlords will not
want to rent anymore. Well, coming in because as my units become vacant,
I'm fixing them and selling them, and that's just going to take more
rental property off the market and create again. They're driving up the price of
rent instead. I know, I know, just the opposite of what they
think they're doing. Thank you, Paul. You bring up a good point.
That means, let me just tell you something, okay, man,
No one listens to reason anymore. Speaking of rentals, Steve, what is
your issue? Steve? Welcome, what's going on? Thank you? Well,
I live in Fremont County. My father in law had bought up property
and had our cousin's rented from it, but they took advantage of him for
like the two and a half year da haven't been rent He's eighty three.
So he finally gave us a permission and by the course to go through it
and a victim. Now wait a minute, So they haven't been paying rent
for how long? Two and a half years. They took advantage of my
eighty three year old father in law. So finally we just got to that
point where we were like, no, let's get rid of them. You
know, I know it's family, but no, So we went to the
Fremont County a clerk's office. They said, well, you could do a
notice to quit and then after I don't remember the notice it because forty five
days, then the property reversed back to you. So we did that.
So as of February, it's not exactly that simple, but go ahead.
Well that's what they told us. So on February first, they said that
the property would revert back to us if they're not there. Also, they
ran it down to there. Do you know what he's talking about, Brad,
as far as just it automatically reverts back. I mean, what is
he talking about? Do you know if you sue something for a complaint for
eviction in court and you get a default judgment, okay, you win.
But okay, I don't think that's what he's talking about. What are you
talking about? What? Wait? First, Steve, listen to the process,
Brad. So many people think they know the process. I don't know
the process, and you've told us several times. So first, you put
a notice up right right when the right when the rent is late, you
put up a ten day notice. Now that this new law has changed that
you can't just post a notice. You have to actually have to go there.
Before you post, you have to try to serve them personally on two
different occasions, and then on two different dates when you haven't been able to
find them, then you can post. Okay, so you try to serve
them twice. Yeah, that's brand new, and then put up a notice.
Yep. Oh then why Another new new requirement with this new law two
weeks ago is if you know that their primary language is something else like Polish,
you got to serve them in that language. Okay, all right,
so you serve twice, attempt to serve twice, right, and then what
after the ten days is up and they haven't paid, then you can file
your court complaint for eviction. So you serve, you to serve twice and
then you and then you can post. And when you post, is it
a three day No, it's a ten day notice? Oh it's ten days?
What is this three day we always hear about? Oh that's commercial?
Okay, oh really, so two times? Then you can post a ten
day notice. And when you post that ten day notice, what is it
asking for to pay the rent? That's not what If you just want to
get rid of them after that, you can't just say get out. You
have you have to give them a right to cure. Yes, they do
have a right to cure. They can pay them the amount to cure,
all the way up until the moment the judge enters in order for possession in
that court case you're about to bring. Okay, which is so the ten
day notice is with a right to cure. That's right, okay, So
there's no which thing is just get out? Okay. So now then you
give the right to cure, they don't do it in ten days, then
what do you do. Do they have to leave on the eleventh day?
What do you do? No, they don't have to leave until the sheriff
actually shows us. No, So what do you do as a landlord on
the tenth day? You on the on the eleventh day, you can file
your court complaint for eviction. And when you file a court complaint, they
set a hearing right normally seven to fourteen days out. So then you wait
another seven to fourteen days. On eleventh day you set for hearing, okay,
and then that can take how long have you heard it take? Well,
that's not the hearing, that's just the answer deadline you set for what
wait? So on the eleventh what are you on the eleventh day. You
don't set it for hearing. The eleventh day is when you file your court
complaint, and when you file that court complaint and you issue a summons,
the summons is for one to two weeks out from there. That one to
two weeks out is the answer deadline. If they show up on that ouse,
now they have two weeks to answer basically, right, And if they
file an answer and say I want a trial, is it what twenty one
days or two weeks? It's seven fourteen days? Okay, two weeks to
answer? Then what then if they final an answer disputing the reason for eviction,
then they'll get a hearing a trial on the possession about two weeks after
that. Okay, what if they don't dispute, then the court would they're
still a hearing? Right? No, they if they don't file an answer
or if they just confess to them, what do they normally what do people
normally do? Well? I would say most cases, if there's not an
answer, file, then the court gives a default judgment for the landlord for
possession. Okay, if they don't answer, a default judgment. But if
they do answer, what are some of the answers the judge would look at.
Oh, a big one recently is oh, there's a reach of the
warranty of habitability because there's no heat, okay or something like that. So
or they can answer, and they can say or they can answer anything basically
right, right, some excuse for not paying the rent okay. And when
they answer an excuse, that's when a hearing is set. Yes, the
possession hearing two weeks okay. Then after the hearing is set or default judgment.
Let's say hearing is set and they lose or default judgment, they lose
either way. What happens after they lose? Then ten days after that is
the earliest a landlord can have the sheriff out there to do the official So
you have to wait ten days, right, you wait? Okay, you
wait another This is unfreaking believe you wait another ten days and then what do
you do after it? Another ten days? That's the earliest date you can
have the sheriff out there, But most sheriffs aren't booked up there. If
you call them their civil Process division to like actually do a physical eviction,
they open the calendar and say, okay, we can there must it be
a shriffer. Can you hire private pi it has to be the sheriff,
And so it could be four weeks after not instead of two to get the
sheriff out there. And then when the sheriff is present, they don't move
your stuff. You have to hire movers. No, they don't lift a
finger. You have to hire a professional moving company or do it yourself.
Do it yourself, but you have to show the sheriff that you have enough
people there to get it done within like an hour. Really yeah, now
how do you like those apples? Sir? Do you still want to be
a landlord? Oh no, yeah, that's the last thing I'll ever do
because we I think Fremont County don't know what they're doing because anyway, so
what No, they don't. So what stages did you go through? Yeah?
Well we went to the first stage, which was the notice to quip
and when they said February first with me the when the property were we revert
back to us. We went to that property. They were not there,
and then their neighbor called them. They showed up and they had my They
had me and my and they that we were a stings as well. So
yeah, you talk about so where Are they still in the house. No,
they're not even there. They're just having it as a dump place.
Like there's no there. They're not they live in Canyon City. They don't
even wait a minute, but all of their stuff is there, Yeah,
all the trash. Yeah. Now, Brad, if it's abandoned, aren't
there other rules? Well, yes, if it's abandoned, landlord can go
right in and take possession. But it's a judgment call. If you get
it wrong as a landlord, then you're in trouble for legal eviction if you
if you call it abandon and you go in there, do you think they're
going to sue? Steve? You know they won't sue. But the thing
is the Sheriff's office won't believe us. They say timing document from a share
from a judge, it doesn't exist. I'm like, no, you're wrong,
Like that's not the case with the property has been has been abandoned for
months, by the way, and they had Okay, you're telling me that
with the Shriff for Rest you guys, yep, Sheriff for Rest of Us
said that we were trespassing and that they try to claim that the sub with
a bat that was in the back of our truck was their stuff. I
was like, no, that first stuff. No, then just go through
the eviction, Steve, just go through the eviction. Yeah, we're going
to do that. That's what we're doing. We actually hired a lawyer this
time, but I walk out on a nightmare the lawyers. So you have
to attempt to serve two times, then listen to this, attempt to serve
two times, then give a ten day notice. On the eleventh day,
file a court complaint. They have two weeks to answer. If they don't
answer, you get a default judgment. Then you wait another ten days the
earliest. You're gonna have the sheriff present if you can get them there,
and then you have to hire enough people to get done in an hour.
Did I summarize that pretty well? Now, if they don't get a default
judgment and they get they send an answer with an excuse, then a hearing
is set and the same thing goes on. So so this is crazy.
We got more coming up. I'm sorry, we got to take this break
three all three, seven, one, three, eight, two, five
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all three nine two zero sixteen twenty two. Hi Tom Marks, you know
your troubleshooter three O three seven one three talk three three seven on three eight
two five five. MIC's got a comment on that just cause bill, the
one that says you can't just automatically move someone out. You got to have
a just cause reason and it has to be proven in court if they protest,
and I'm telling you it's going to be a nightmare. Mike, what's
your comment? Yeah, Tom, thank you for taking my call. It's
an honor to speak with you, and thank you for you know, covering
this very important topic here today. I just wanted to give you a kind
of a theoretical situation. When I was thinking about this, because I knew
a number of individuals that I had attended school with when I was younger that
had developmental disabilities. And the point I wanted to kind of raise is for
people that may have you know, mental illness, developmental disabilities, that could
be say, living in a supported apartment and that tenant for whatever reason,
has a contract to provide for them a supported apartment and for whatever reason they
want to go a different direction. They accused them of doing something, you
know, breaking something, whatever, And if it's a false accusation, those
people with you know, mental illness, develop mental disabilities wouldn't really have the
ability to go to court and defend themselves. So what protections would they have
you know in this in this situation, you mean people who are accused of
something and can't defend themselves exact because they don't have the mental capability or they
have a mental illness. But what what provisions or what laid out in this
bill for well, you know, that's a good question. You would assume
they would know enough to maybe call help or not, right, But if
the landlord is trying to push them out under you know, whatever contrive circumstances,
I think that people would develop mental disabilities or mental illness of course,
but people with developmental disabilities or even language barriers or certain problems are always taking
advantage of in everything they do, so they would have Here's what I would
say, they have to have someone looking after them, and most likely they
would have a guardian maybe. If not, I mean, if they do,
then then these people would act on their behal or an attorney or legal
aid or something like that, if someone is truly being taken advantage of.
But you would hope, well, there's no Here's let me put it to
you this way. I think if a guy goes to a hearing and he's
well, he may not even show up for a hearing. Those what you're
saying, I don't know what happens if he doesn't know what his rights are
or she doesn't know what her rights are. They don't know what their rights
are, and the clock ticks, they're going to be evicted. That's that's
the simple answer. Does anyone stick up for them? Not if they don't
know it. No, No, there's no one. I mean, there's
no guardian angel that says stop picking on this guy. There's nothing automatic,
And how could there be if you think about it, how could there be
if somebody is developmentally disabled. Well, first of all, if they're that
disabled, they can't sign a lease, so somebody must have done it for
them, and that's somebody who's the one that has to be served. I
don't see what you're saying happening. Okay, I don't see it happening,
because the landlord wouldn't be dealing with them on a legal basis. Brad,
Maybe I'm missing something, but really, if someone is that disabled but they
don't understand what's going on, they don't know their rights, you have to
assume the landlord did not deal with them. Yeah, a disabled person is
allowed to have their own attorney in court, and it's probably a relative or
a friend out there who helped them get in this situation. Boss, help
them get that attorney. Now, if they're not this disabled, then they
know enough to call for help. And if they're if they're even less disabled,
they can speak for themselves. I mean, you're I know what you're
doing. You're painting a picture here that may not even exist. I don't
I don't know what else to say. I mean, it may not even
exist the picture you're painting. So thank you. Three h three seven one
three eight two five five go with a sure thing Denver's best roofer Excel Roofing
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Alliance three all three nine two zero sixteen twenty two. It's more recent.
Hi, Tom Martino here three O three seven one three talk seven one three
eight two five five Now, Kathy, Sorry you had to wait there a
little while. What's going on? Kathy? Okay? I love Bob from
elim Landscaping. He was just here at my house. Now did you call
the other day? Did you go ealth and what needed to be done?
Yeah? Did you call the other day? Is that what you're calling about?
Kath Man show? Yeah, what did you call about? I'm trying
to remember what you called about umberwells that were flooding during rain. Oh,
that's right. You were saying that the window wells kept filling up, and
you didn't know why they weren't draining. What did Bob do? Bob looked
at him. He went out and dug into the dirt and stuff like that.
He told me what to do. He said, you've got like an
inch of rock. He said, you should have a foot of rock in
there. He gave me a price of what his company would do it for,
but he also said, I want to save you money. He said,
you've got two teenage grandsons. He said, get him over here and
have them dig it out. About it a foot, put the rock in
there, and then he's going to send me a picture of a drain thing
that I can put in there that's electric that I can turn on during things.
Now, he'll come out. If my grandsons won't do the digging,
he'll come out and do it. But he said, get them to do
it, save yourself some money. That's you know what. Isn't that cool
to have somebody you can trust like that? And he did this all free
of charge. And that's Bob at l em Landscaping. You know, thank
you for calling us back on that. Cathy, have really appreciate it.
Thank you. Talked about his wife if he would have been single. I
probably would have asked him out, Kathy, thank you very much. Yeah,
he's a good guy. Okay, now, Heather, Okay, Heather,
I remember Heather. Now that guy Heather Heatherby. I hope he wrecked
that put. Okay, yeah, Dragon, did you get that all right?
Thanks? She didn't realize we had her up. I don't know why
she's calling back because I told you, man, she got in my opinion,
she got ripped off here. But I'm trying to find that email,
Kachino. Why is she calling back anyway? I thought we talked to her
about it. Didn't we did? She never got back on the air.
She no, she you told her the last time to go and get uh
the paperwork from I saw the paperwork, but then I thought we had her
on. Since then, let me look, I don't think so okay,
damn it. I thought we had that paperwork, and because I looked at
everything she bought, and god almighty, did she have a lot of unnecessary
crap she bought, and I, oh, no, I know what.
I thought. We gave her somebody that would work with her. I told
her to call over there. Hold on, let me find her. Damn
call. I'm cold. I thought for sure we had. I said for
somebody to call and try to get some of this stuff canceled for her.
Let me look at this again. No, that's not it. Dog gone
it now? Oga? Well, she said last night should be at the
top of your inbox. No, I got it. I told her that
she needed to call the guy and say, look, I was told you're
wrong and I can cancel this stuff. That's what it was. So did
she hang up? I'm not sure what happened to her. Hopefully she's gonna
come her mind. Okay, but here's the deal, Heather, if you're
listening, I told you to go to the FNI guy and tell him there's
not one thing on air that can't be canceled and pro rated. He said
he was not allowed or you're not allowed to cancel it. He's a liar,
And I'm telling you if that's what he told you, he's a liar.
She called back, Heather, Heather, did you go back to the
FNI guy after I told you that you could cancel a lot of this stuff?
Sure? What happened to her? Hopefully? Okay, all right,
forget it, man, I'm not doing this anymore. I'm not doing it.
Forget it. Get her off right now. I'm not doing it.
Every time I go to her, she's on somewhere else. Randy, your
turn, Randy. What's going on? Sorry, Heather, you're gonna have
to call somebody else. Randy, what's going on? Well, I purchased
a car from a very good friend of mine that I've known for as long
as I can remember, and I'm going to sell the car, okay,
And when I pulled the car facts report up on it, the car fact
report said it had been in a severe accident. Okay, Now, how
long have you owned it? For a couple of days? Oh wait,
wait wait, you bought it to sell it in a couple of days.
No, I bought it a couple of days ago. I'm referving it,
cleaning it up, getting okay. Why, I just was curious why you
were pulling a car fax after you bought it. Well, actually I pulled
the car facts before I bought it, and I should have told you that
the carfax said that it had been in a severe accident. Okay, then
why did you buy it? Well? Hold on, it said no airbaggers
were deployed. I've known this friend of mine for a long time, and
he assured me that the vehicle has never been in any accident whatsoever. He's
owned it since it was brand new. Okay, got it? Got it?
So you bought it? Like, yeah, I bought it, and
I'm happy with it. I know it's never been in an accident. I
can look underneath. I okay, how but because that shows up on the
car facts, it causes the value of the car to go down. Now
I pulled other reporting agencies reports on that car to do similar things to Carfax.
It said there was no accident, but Carfax says there was. And
my question is, how do I dispute something like that? Okay, possible
to get that off of a comnen Yes it is. Now it's a long
it's a long process and they don't like changing things. So really, what
you have to do is you have to identify the error occumentation supporting. I
don't know how you prove a negative, see, but you have to documentation.
I looked at the carfaxt's website and said, I have to give them
a report from a body shop. It's never been in a body shop.
I know what they mean is you have to get it checked. Now,
and have a body shop say it's never been in an accident, and then
you submit it to car Facts. It's called the data research request, and
then you wait for their response. Now here's the problem, man, it's
a pain in the ass. Now you can't do it unless you're the owner.
You're the owner now, so you can. Yes, you can get
it. But are you concerns because when you go to sell it, it's
going to show up. Yeah. Okay, Well but you've given me an
idea. You've you've given me an idea that if I go to a body
shop and have a body shop document it's never been an accident, I can
offer that as proof to uh, well, that's what they That's the only
thing they accept is a professional's opinion. Okay, But even if I don't
get the carfax change, I could show the particular perspective buyer that it's never
been in Well, of course, but the carfax look at. Carfax has
no reason to want to screw you you, okay, out of a car,
so they want to be accurate. I do know that they don't want
to cause people pain. So once you get that report, another thing you
can do is use the other reports as evidence. As well, Great,
yeah, that's that's what I thought. Okay, and then submit it,
so don't let's and a lot of people say, oh, well, they're
never gonna change it, but they do, so just try it, Randy
and let us know. Three o three seven one three talk seven one three
eight two five five more coming up. Go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison, call
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three oh three seven seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot com to list your home
with Remax Alliance. Three oh three nine two zero sixteen twenty two. Hi
Tom Martino here three oh three seven one three talk three oh three seven one
three eight two five five. As things often happen, they phone s thin
out a little towards the end of the at the top of the hour here,
and we then go to the next hour. We'll get a calls three
oh three seven one to three talk seven one three eight two five five or
three oh three Martino three oh three six two seven eight four sixty six.
Just the word on that on Heather. I looked at her problem. I'm
looking at her email, and if she's listening, I mean, I don't
want to talking to her. But I gotta tell you this, Heather,
every single thing they packed onto that car deal can be undone. See F
and I people, FNI people, finance and insurance people. At a dealership,
what they do is they take a great deal and they make it a
terrible deal. Even if you make a great deal on the car. They
call it's called packing the deal. That's what it's call. And when they
pack the deal, they put all kinds of stuff on your car. First
they start with the mop and glow. I'll get your fabric protected, your
paint protected, this protected, that protecting. Nowadays, cars with clear couch
they don't need protection. They don't. Here's another thing. Your fabric doesn't
need protecting either, No more than you can do on your own with a
spray can of Scotch guard. It's all a bunch of crap. Then let's
go to windshield etching. You don't need it. For theft. Nobody's going
to find your car. Forget it, forget LoJack, forget any of it.
Okay, you don't need it. You can buy aftermarket solutions on your
own cheaper. And this crap about windshield they're starting to sell windshield coverage,
telling you that you can get your windshields covered first and foremost. You can
get that free next to free for a few bucks a month on your car
insurance. You don't need the dealer to do it. The dealer limits you
now. They say it's a great plan. You're going to get windshields for
life. You know you don't. First of all, it's the vehicle's life
if you keep it the whole time you have the loan, or the life
of how long you own it. Right now, here's the deal. Windshield
protection is stupid, and it caps at five grand, so that could be
two windshields on some cars maybe three, and some of them even if they
cap higher, you're limited. It's not unlimited, whereas your insurance is unlimited
and doesn't cost you but a few bucks a month. So that's another pack
that's crazy. Now, the only pack I agree on, the only one,
the only extra thing I would buy on a car is pre paid maintenance
where you actually get something and it's pre paid and you pay today's dollars for
something tomorrow. Everything else all the service of all the warranties. Forget them,
do not do them, You do not need them. Extended warranties aren't
extended on a new car. They're concurrent with the one you have. More
coming up, Go with a sure thing Denver's Best Roofer Excel Roofing dot com.
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three nine two zero sixteen twenty two Ripped News. You need advice who you
don't have? Come run anxious stas as you can. Shooter's gonna help.
Come man, This is the Troubleshooter Show. Now Tom Martino, Hi,
Tom Martino here, Welcome to the show. Three O three seven one three
talk three oh three seven one three eight two five five hope that. Oh
my goodness, let me just stop my fall. Let me just get rid
of that. That's my fall, folks, let me let me get rid
of that. Please, Oh my god. Anyway, that was double sound
coming in three O three seven one three eight two five five. So Brad
O'Brien is with us from O'Brien Legal Services. Now we talked about a couple
new things happening over three. Two things happening with tenant landlord. The one
that's not such a big deal, but unrelated parties can live together. You
can't limit them. You can't limit them to two unrelated, three unrelated four
and related five unrelate. Is many people that want to live together can live
together. Now, obviously, you know there might be health concerns, bathrooms
and all that, but really the bottom line is as a landlord, you
have no control over who lives there. If they get on the lease.
You can make them all get on the lease, the adults, but they
can live there. The next thing we're talking about is the just cause law,
which says that you can't just end the lease for no reason. You
have to have just just cause is outlined in the lease, but not all
of it is spelled out specifically. And Brad, you feel that's going to
cause a lot of litigation because if someone just disputes it, the landlord has
to go to court not to renew. Right If the landlord says you've been
a nuisance, so I'm not going to renew, they say prove it.
That's right. So I mean think about that. You can't just say I
don't like you, or people are complaining neighbors don't like the noise, this
or whatever. You have to have proof and it could end up in court.
And a tenant can just represent themselves in that never happened. You don't
get witnesses of their own. It can cost you a lot of money.
The next thing we wanted to talk about, because this one could be fairly
big, the one about the habitability. Explain that, well, I've heard
that the governor is probably going to sign the habitability one this week, the
bill that increases the habitability sections for tenants even higher than where they aren't.
Explain what that means. So right now, if right now, people that
don't pay rent, sometimes they they say it's because of a good reason,
right Yeah, Colorado has a warranty of habitability for residential so no heat,
no water, and no electricity. If you don't have that, are you
allowed to withhold rent? Uh? If you Yes, but only if you
followed the right steps to give landlord notice opportunity to cure it. Well most
of the time, though, it'll get you past an eviction even if you
didn't follow the right steps. Yeah. Well, just just the tenant claiming
a breach of warranty habitability buys several weeks, if not months in the courts,
and during that whole time they're not They cann't get away with not paying
rent. Wow, but now, what's what's changed this week? If the
if the governor signs it is increases the the landlord's burden of proof. They
have to Now the landlord has to disprove the assumption that there is a breach
of the warranty of habitability and they have to disprove it. How do you
disprove it? Well? With now the with clear and convincing evidence, which
is a much higher standard of proof that than was previously required preponderance? And
what what bill is that called? This is the I don't have the number
on but it's warrant, but it's generally known as warranty. Warranty of habitability,
is that what you call it? Yep? And what in general,
no matter where you're looking at, what is a warrant of habitability? Well,
the warranty of habitability statute gives tenants protections that that their rental premises is
habitable. So it's got all these things like heat, electricity, water,
running water, security, that sort of thing. And what the statute allows
the tenant to do is to give the landlard notice and then the lander statute
has the time frames from when the landard has to start investigating the problem and
starting to fix it. So a warranty of habitability would cover major stuff,
right, they don't get nitpicking about it. What is considered under the law
to be a breach of that? No heat would be, no plumbing,
Yeah, no electricity. I don't believe that air conditioning is in there now.
Pests is a big one. Termites not termites, uh, roaches,
bed bugs Yeah, that would qualify. So if somebody brings in bed bugs,
then they can claim they have a warranty of habitability. Yeah, there's
no warranting habitability claim for somebody who causes the damage. Well, yeah,
but you'd have to prove that what I'm saying cockroaches could be. Now,
mold is a big one too. Mold is a really huge one actually,
because a lot of a lot of rentals have have mold from water damage,
water leaks, and even if it's not dangerous mold if Yeah, and it's
tricky because that mold is harder to cure and fix and remedy. So the
statute actually gives the landlord more time to get that fixed, although they're supposed
to start right away. But people still while it's being fixed have to pay
rent. Yes, but the statute allows for alternative housing at the landlord's expense.
So the tenant continues to pay the same rent. But during the remediation,
the leonards are that's from old remediation or any of it. So if
if the tenant has to be out for like three days and the lander's got
to buy a hotel for three days, God almighty, I'm telling you it's
really difficult. Now, again, we needed to shore up some of this
for tenants. Brad, Do you remember years ago? Maybe you don't.
It basically tenants had no rights. Yeah, the pendulum duest Wing. I
mean I didn't like it. Then. I used to get calls from people
and I felt sorry for them. I mean I really felt sorry for them
because there was nothing they could do. In fact, there was no warrant
of habitability. Warranty of habitability right, that was only recently in recent years.
Yeah, like it could be the biggest dump in the world and the
landlord did not have a duty to make it better, right, and the
unless it was in the least that the lendlord had that duty. Okay,
Stephanie, welcome to the show. I'm Tom Martine. What's going on,
Stephanie. So I actually just I talked to you a little bit ago.
I was calling back because I found that I was calling about the Yukon.
I found the letter, so the letter from the Now, by the way,
let me tell people what you're calling about. So you had called about
a car that you bought out of state and a guy drove it here.
They heard some rattling and it's a diesel and you had it checked out here
by AutoNation. They said it was leaking oil and they had to steal a
whole engine, and you said they're doing a good job. But you're having
nothing but trouble with this right. And then you went through you already went
through the you lost use of this car for forty five days. And of
course the lemon law in Utah, you say, mirrors Colorado's, which is
that they can't fix the same exact problem on the fourth try. It's deemed
a lemon. That doesn't mean it's automatically that they have to do something,
but it gives you an affirmative definition of a lemon. And then also if
you lose use of the car for forty five days, and you did during
the first year, and yet when you filed in Utah under the with the
Better Business Bureau, I believe it's called the autocap program. But as part
of the lemon law, you have to go through this arbitration. You said
you lost. Basically they said it was not a breach and it was not
a lemon. Therefore you lost. But my question was, did you give
up your right to sue? Sometimes arbitration makes you sign something saying you know
this is going to be the final thing. In other cases you can sue
even after arbitration, like for example, with a homeowner's claim with their insurance
company. If they go into what's called the appraisal process and then arbitration,
they can still sue. So what about you, What did you sign?
We didn't sign anything, but I found in my email, so they made
the decision. The decision was that they weren't going to find it that it
was Lemon law related. So what the email? They said it was not
a Lemon correct correct, They said it didn't it didn't qualify or they did
that. It was basically they weren't going to do anything. Yeah, I
guess. So it says that, let's see, the decision for your case
has been submitted. You have thirty days in California and blah blah blah,
doesn't matter, fourteen days in the rest of the country to submit the acceptance
slash rejection form. If you do not submit a acceptance slash rejection form within
the applicable time frame, your claim will be closed out as assumed rejected,
meaning we didn't fill anything out. We were trying to figure out what to
do at the time, so we didn't fill out a form, so in
turn, it was closed out and then assumed that we rejected the claim.
So we have not signed anything at this point, but since we didn't respond.
Basically, the claim was rejected on our ends. But but you didn't
lose your right to sue, So I have to read more a little bit
on that. But yeah, I assumed as of right now with that email,
and I don't think that we did lose our right to show him.
I don't think you did at all. So now it's just trying to figure
out, Yeah, so you can you can still show you before, you
can still sue these people. Yeah, and I'm not sure. I'm not
sure what you want to do, but man, I mean at some point
you might want to do it just to get their attention, right, I
think at this point, I I mean, we love your help with referrals
as far as who to go to, who to talk to in order to
sue them, because at this point it's I mean, it's I'm in fear
that we're going to get stranded somewhere. Like I told you before, I've
got three small kids, you know, Like getting stranded on the side of
the highway by myself is one thing. Yeah, but you're more intse is
It's not like they're refusing to fix it, right, It's just a matter
of when it's I mean, it's so the whole reason I'm calling is because
so it's all been fixed. We've got the car two weeks ago back from
the shop after the check engine light came on again. I filled up to
get diesel yesterday in Castle Rock. I get on the highway and not even
two minutes driving, the car starts. It says service transmission and the car
won't even shift. So I had to drive all the way home with the
car not shifting, and it said, I mean there's there's warning lights there.
The check engine line is back on again. It's just like, okay,
we can't get it out of the shop. Okay. But unfortunately in
America, yeah, yeah, when you have well, most places, if
you have a warranty and they're living up to the warranty, that's what it
is. That's why you have a Lemon law. I disagree, and they're
finding with the Lemon law. That's why I'm saying, I believe you could
sue under the Lemon law. You know, it doesn't matter if they say
it wasn't the Lemon Law, the Better Business Bureau, it doesn't matter.
I mean, you have the Lemon law, Okay, I mean that's what
you do and now I don't know if you can recover I don't think you
can recover attorney's fees, but I think you'd get their attention if you start
a lawsuit under the Lemon law. I don't even think they can bring the
arbitration into into the court because it's not relevant. I mean they it's not
a legal binding, a decision. It wasn't like a court precedent. But
I listen, I I sympathize with you. Do you think it would do
any good if we who are we going to call? If we call AutoNation,
they're already fixing it, right, They're already fixing it. They did
Autoation? Ever say they trade you out of it or something without you losing
a ton of money. We've played with the idea. I said, can
we is there anyway? And because we're dealing with obviously the service department,
they're like, well you can. I mean, we can take it to
sales and see what they'd give it give you for it. But I feel
like at this point, I don't know. I mean, yeah, I
guess it would be worth potentially, Well, let's put it right, you
have a choice, if you sued them, what would it cost now think
about that same amount of money being put toward a trade and getting another car.
Sometimes there is no answer other than to move on, truly, right,
So what if you did that? What if you decided, you know
what, this is a piece of crap. If I sue them, I'm
going to spend ten or fifteen grand minimum to get their attention. This is
not going to court. This is just starting a lawsuit. Yeah, so
what would you get if you took that? You don't have to. By
the way, that's not a lemon. They already said it wasn't. So
if you trade it there or somewhere else, see what you'll get for it?
And if can you add another ten or fifteen to it? Be done
with the lawsuit idea. Instead of spending it on attorneys, spend it on
another vehicle. But don't get it. Don't get a diesel GMC diesel anymore.
Don't do that. Diesels now, with all the emissions of you shouldn't
get a diesel anymore. Now. I love diesels, but not anymore because
of what because of what they make you do? Yeah? I agree?
Why don't I mean think about it? Have you probably have? Did you
pay for that cashure? Do you have it? A loan on it?
We've paid, We put about thirty five to forty thousand downs. We have
how much for us? Thirty five to forty thousand? Yeah? Why don't
you know what I would do? Do me a favor. I want you
to call jfr Cars. Hey, did I not take the fifteen break?
I'm sorry? Uh Dragon, did I not take a break? I'm so
sorry, Stephanie. Hold on, this is really important. I think we
can get some numbers for you and you can make a pretty wise decision.
Three oh three seven one three A two five five Go with a sure thing
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out now three oh three seven seven one help. You'll think you're his only
customer when you choose Frank durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero sixteen twenty two. Tommy
tom Artino here three oh three seven one three talk seven one three eight two
five five. By the way, Grossmanwellness dot Com. Every three months,
I go for blood work and then I get I get a phone. You
know, uh, all my prescriptions and my supplements all included for one low
monthly price. I say low. It's a few hundred bucks a month.
But you can get started to find out where you stand for two hundred and
forty nine bucks. Why don't you call Grossman Grossmanwellness dot com. They're great
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hundred forty nine bucks. You get blood work, consultation and examine. They
talk to you about where you stand. You decide if you want to move
forward. And it's wonderful Grossmanwellness dot Com. So hey, let's talk to
you and see what we can do for you. Now. Stephanie said the
Yukon thing. Here's what I want to say, Sue. Stephanie, Sue,
but basically, I don't see how you can lose except take the same
money. Would be possibly better to go and trade. I want you to
go to Jafar Cars and Rodney. I want you to call him specifically,
talk to him, and I want you to ask what he it's jfar cars.
I don't have that number hand. Eat. Maybe Kachino will get it
for you or get it for me while we're on the air, But ask
him. Tell him about your car. It doesn't matter if you had trouble
with it, because you're getting it fixed. It's not a lemon. It's
working. It's not like you're hiding damage. The car is working. The
car's running, the car you paid ninety seven grand. See what he can
find that might be comparable. I mean, look at some other vehicles.
Have you looked at the new Grand Wagon here? Yeah? Do you like
it? How about how about the big Nissan SUVs or Toyota SUVs or even
I don't know do they even. What I'm getting at is, here's the
number for Rodney over there. I would let him run some numbers to see
what you could buy. Three oh three, five two zero, sixty eight
thirty nine. I don't know if you're driving or not, but maybe uh
I got it, yeah, five two, And just let him run the
numbers instead of just doing this uphill battle. Because I don't think we're gonna
get people. I don't think we're gonna get them to do anything differently.
Than honor the warranty. You just made a bad choice possibly, and feel
look at the same happens with people who buy range Rovers. For God's sakes,
don't buy a range Rover when you get rid of this. But people
make the same kind of mistake. You know, Chevy, these are pretty
dependable. I know it's a GMC and you're wondering, but I think the
problem you have is that you bought a diesel, and nowadays, with all
the emission stuff, diesels are bad news. Three all three seven, one,
three eight, two five five. Don't forget, uh, don't forget
to call three ah three Martino twenty four to seven. Jim had the same
problem. Man. We discovered a really a real bad guy here, Jim.
They I've been getting off the off air messages as well and some uh
text messaging on this guy. And it's Eric Brown over at this place called
what is it go Cat or something, this hot rod shop. He's a
scumbag. Jim. What what was your experience, hey, Jim? I
had him, Yeah, I had a repair an agel mind, had him
do a rebuild on it. Yeah, and uh, he just he he
sat on it forever, never never was doing anything I took a down payment
on it, but I had a buddy stop by his shop, and one
thing he told me was he's got tons of classic components in his shop right
now, and so he's always bragging about how he picked up these classic pieces.
But when I asked for my money back for it, he said he
didn't have the money because he was already spent. And I told him,
why don't you just sell some of those pieces he got there and give me
my money back. So he's got a pretty heavy investment in different parts that
he could be using to sell off to give people his moneys back. But
I managed to just pick up my motor and take it back, and I
just kind of washed my hands of it. I've started reading reviews about him,
but yeah, he's got a lot of money invested in some parts that
he could be using it. Does let me ask you this, does you
know how some ripoffs they appear to be ripoffs, like, for example,
Jeff Jolliff, that guy we've been after for years and stuff. Does this
guy appear like he's a sleazy scumbag like Jeff Jolliffe, or does he seem
like does he you know? I don't know. I mean, what is
his appearance, what does his shop look like? Does he look like a
fly by night? Now, it doesn't look like a fly by night.
He actually looks like he kind of knows what he's doing when he talks to
you. He seems to be very well informed to know what he's doing and
what he's what he's working on. And I think that's kind of why I
went with I was kind of I was local to him, so I wanted
him because he appeared to have a good reputation. But how do people keep
falling for this if they google the guy? Well, you don't know about
it until you get involved with him and you find out he's he's taking money
from new customers to pay off business that he's way behind on. He's just
he's he's got a pyramid scheme going on, and I don't know how he
runs his business. No fault to himself maybe, but well, what do
you mean no fault he's doing robbing Peter to pay Paul. I mean,
the guy's a scumbag, that's all. It's totally what he is, and
he's not the bottom line is he's not being honest with his people. I
mean, he should be telling people that he's behind. It's gonna be a
couple of years because he's I don't know he's gonna do it, but he's
just he's taking orders today so that he can pay off people that he's taken
orders from years ago. Go Cat Speed Shop, Go Cat Speed Shop.
I'm telling you people, stay away from him. Thank you for letting us
know that we got more coming up. I'm Tom Martino, and again I
want to tell you about pro Bid Energy. You can get a full solar
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They also have commercial systems where they can get about seventy five percent of that
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out now three all three seven to seven to one help. You'll think you're
his only customer when you choose Frank durand the Real Estate man dot com to
list your home with Remax Alliance three all three nine two zero sixteen twenty two.
Hi Tom Martino. You're a troubleshooter and I I've been talking about this
on with my YouTube morons and uh, I'm trying to type while I'm talking
to you. Bet here's what I want to do. I'm serious. I
want to start a patrol, a trouble shooter patrol where if you guys are
listening, and I send a couple of you to one of these businesses like
this scumbag. This guy at the Go Cat Shop, he's a scumbag.
There's an Eric Brown, He's an absolute scumbag. Go Cat Speedshop, forty
four to twenty five South Santa Fe Inglewood. Now, I'm not suggesting we'd
be confrontationals or harassing or anything, but we literally go with the cell phone,
rolling the camera and we say we found out about you. We would
like to know what is your plan to pay these people back? What is
your plan? Why do you continue to take money up front when you owe
so many people? These are legit questions. Now, if you're on his
property and he says I want you to out or get off my property.
You'd have to do that, but that would still but you don't have to
do it until he tells you. I know this from my years in TV.
But you can confront him, you know nowadays we're all TV reporters.
You can do that and I'll air it. I'll put it here. We
need to do it. We need to start, Honest to god, I
mean, I am so tired of people getting ripped off. You know what,
I'll tell you, this is what the legislature should do. Instead of
going after freaking landlords and people are just trying to make a freaking living,
how about going after these scumbags in business who take money up front and do
not deliver. Criminalize it, criminalize it. My god. You want to
talk about hurting people. They hurt people. What about that? Why not
you? We have a democratic, lopsided government who's help bent on protecting people,
and they make these stupid tenant landlord laws that they think are going to
help people. They might help a little, but that they're mainly going to
do is give us a shortage of rentals. Meanwhile, if you want to
do really, really really good stuff for people, go after these people.
Make it a crime. You take money up front and you do not perform
and there's a certain amount of time, you know, a law could be
written, throw their asses in jail or make them put up a bond.
Why not? You know in the securities business, for someone to take money
and be a custodial of money, they have to have a certain set of
standards. Make that for people that want to take money up front, you
have to have a certain amount of bonding or insurance. You have to have
a certain amount of cash reserves. And if you don't get the hell out,
you can't do it. I am tired of people taking money up front
like this, Eric Brown, This scumbag a gocat speed shop. Eric Brown,
what a scumbag? Are you? People tired of this? Every day
on this show, these people get hurt. You know, you have thousands
of dollars you pay to someone to get your carfage like this scumbag Jeff Jolliffe
keeps getting away with it. They know there is no consequence. These landscapers,
these contractors, these car people, they just continue to hurt people.
This is what the legislature should go after. Leave landlords the hell alone.
God, it pisses me off. Chuck. This brings up a good point.
Your call actually falls right into this. What is your question, Chuck?
Yeah, Hey, there, I am getting a couple of bids together
for some foundation repair work in the basement of my home. Yeah, and
one of the guys that I'd actually like to use, because he seems pretty
competent asking for thirty five percent up front. The whole job comes in at
eleven to five. And why does he want thirty five percent up front?
Give me a good reason. I don't know. Yeah, I mean that's
right. I don't know why because I've always heard you say that, but
I've never I've never had a big project like that on the table since pre
COVID. They don't need it. They don't need it either he has no
credit. He has no credit and no suppliers that will trust him. Or
he needs money for some reason. Why? Why is he good looking?
Does he want money because he's good looking? What does he want good What
does he want money for? What I'm saying is, what is he going
to do for you? Now? If he does a plan, pay him
for the plan. If he delivers materials, pay for the materials. If
he shows up for work, pay him, pay him as you go.
But why does anyone need a third of eleven thousand dollars to get started?
There is no reason in the world, no reason. Well he is he
is an Italian, so he's pretty good looking. Listen, man, are
you inclined to want to pay this guy? Chuck only in so much that
I'm heavy? What's the name of the company. What's the name of the
company? I'm nuts, By the way, I'm not saying he's a bad
company. I want this very clear. I'm not saying anyone who wants There
are people on my referral list who want money upfront. There are. Here's
what I tell people when they go to the referral list. If you're going
to pay anyone upfront, do it buy a credit card. Okay, how
about that? And if you can't do it by credit card, then you
do an escrow account. They get that money when they complete that first phase.
Why do you have to be behind the eight ball? These people are
in business. It's a cost of doing business. Now, if they say,
well, I don't want to have to schedule a job out and have
you cancel a couple of days before without skin in the game, okay,
then take a deposit for that you know not a third, or write an
agreement with somebody that if you cancel, you owe them money and then go
after them for it. You can. You could even put a lean on
their house. What I'm getting at is there are ways to protect yourself as
a contractor. I am sick and tired contractors saying they need money upfront.
I am sick and tired of all of them saying they need money upfront.
Money upfront puts a consumer at risk. You don't need it, Chuck,
who's the company? I'm just curious. I'm not saying the guy's a bad
guy who wants money upfront. The company is called Pinnacle Structural Solutions. Okay.
And did you ask for a good explanation as to why he needs almost
four thousand dollars up front? I have not. I've asked him, you
know, why does it have to be that much? And he said,
well, we could negotiate the amount. But part of the problem is I'm
having any trouble funding anybody who I think would be competent to do the job
down payment or not. Well, I know a lot of good people.
Now, what do you need done? So we got the foundation walls moving
in the basement torquing in. I need to put some not counter forwards and
not helical peers, but some other types of structural support. So I've got
a structural engineer drew up plans to arrest this movement. So it's complicated.
Now. Pinnacle. Pinnacle has a good website. And let's see what are
their of their ratings. Have you looked for at them? They have four,
they have four Yelp only they have twenty five reviews and they have a
score of four. But I'm not saying they're bad. I wouldn't give them.
No, I wouldn't give them that money upfront at all. No.
If they want the job, they can get the job. But I'm not
giving them the money. I'm not. Why should you? How many you
know? You know what? Almost every single consumer problem on this show,
every single one of them, has to do with money upfront. That's one
of the components. People felt pressured and they paid money upfront. So I'm
just done with it. I am done with it. I got to take
a break, man. Listen, go to referral list dot com. We
have some good people there. By the way, have you gone to referral
list dot com. I appreciate that you called me, But one thing you
should also do is trust that list. That's one damn reason I have it
is because of all the problems I've had, all of them. And let
me let me what's Let me see, I'm looking right here, Foundation Repair.
Let me go there. Let me look hold on, it's coming up.
It said, no, I know we have somebody in fact, let
me look hold on, we got more coming right up. Go with a
sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent
until you're content. Time for an insurance checkup free no obligation comparison call Compass
Insurance paying too much your coverage at dozens of insurance companies find out now three
O three seven to seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen twenty two