Yeah, ripped up news. You need advice, so you don't have come
running. Just as fast as we can. Shooter's gonna help coming man.
This is the Troubleshooter Show. No Tom Martino. I'm Tom Martino. Welcome
to the show. Three oh three seven one three. Talk is our number.
Seven one three eight two five five. You could also call three oh
three Martino right now or twenty four to seven and leave a message and we
will get back to you. As always, we have themes that I interweave
through the show. This theme today will be a state planning. But anything
on your mind I want to know, give me a call. Don't let
problems fester if someone lies you, cheated you, or ripped you off.
Another thing. There's some real estate stuff going on I want to talk about
with an attorney that we've known for many years, Brandon Siglian and Brandon does
a lot of real estate. So here's the deal. I want you to
call with any issues. This is the town hall. This is the last
bastion of free speech for I don't mean for freespate. There's a lot of
places you can do free speech, but what I mean is the last bastion
for discussing regular issues where I'm not going to try to change your mind.
I'm going to try to help you see what I believe is the way to
go for your problem based on the many many years we've been doing this.
And I want to bring up a side note here, by the way,
McKenzie. Dan McKenzie's here today because I mentioned that Dan is we're talking about
estate planning. He's an estate planning attorney. We'll get him in a minute.
Now, here's the bottom line. A guy calls, I've been pissing
people off a little here and there over the years, and mostly I pissed
people off when I tell them what I believe is the truth based on my
many many years of experience, and they disagree. So yesterday we have a
personal injury case. The guy calls in and he says, frank A's are
screwing me around he was hit by a guy that was uninsured, has no
money. I think he was uninsured, but let me look at his call.
Anyway, he says, frank A's are screwing him. Why is frank
A's are screwing because he took the case. It was Randy took the case
that somebody ran a red light, and now I said, Randy, you
have to go to your own insurance for injuries if this guy doesn't have insurance
and his own insurance is only twenty five thousand dollars in underinsured uninsured motorist coverage.
Once a's looks into this, every personal injury attorney, I'm not sticking
up for Razar. I personally, I wouldn't represent him. I don't think
he does a great job over the years, but I can't say he's crooked.
But what I can say is this, when they examine the case.
Every personal injury attorney, they might do it before they take a case.
Some take the case, then examine it, then kick the case. But
what they look at is they look at where's the money. That's what everyone
looks at. In a case without damages or the ability to damages, you
don't take a case. Asar kicked the case because he saw that the other
guy wasn't insured and that Randy only carried twenty five thousand dollars in insurance.
Nobody's gonna work for that. Randy can probably get insurance limits on his own.
They even told him to do certain things himself. Randy's very upset.
He wants to take the guy to court and get a judgment and make the
guy make payments over the years. But since attorneys take these cases on contingency,
they're not willing to go through all the expensive court to sue the guy
to get a judgment and do a collection and then get part of their fee
over five years or ten years. They're not going to do it. Randy
was very very upset with me when I said, Randy, go after the
guy directly. If you want get a judgment and then go to collection,
do it yourself. And he was just pissed off. He writes a letter
to management that personally I couldn't believe. I mean, he called me every
name in the book. I mean, like every name. I'm trying to
find it here, but it was a terrible, terrible uh. And then
in this letter he writes to management about me. By the way, Tom,
he also loved three voicemails for you again with the same play him or
are they dirty? No, they are full of profanity, right, So
he said, Tom is a piss ass, this that and the other thing.
MF and you know, so he writes an email and then saying he's
an a hole and that he's terrible, He's this. Then he challenges me
to a boxing match. Okay, this young man wants to box a seventy
year old guy and kick his ass because he's pissed off that I'm right and
he's wrong. Did you ask Randy to come back on? Because I truly
believe that if Randy does have the energy to sue this guy directly, even
a small claims court, he might be able to recover some damages with a
judgment over years. But it's going to take a long time. It's a
very difficult thing to do. I think one of the biggest problems in law
is having people understand how damages work. You know, we hear about all
of these big awards, but do we hear about the collections. So he
left three voicemails. Well this guy, you know, I hope it doesn't
border on dangerous because I'll have him arrested. I mean, I'm not gonna
I'm not gonna sit here and take the did he threaten us kit China?
Did? Okay? I want to get him on the phone if he wants,
so. I left him a message. He did not answer, and
I will keep at it. Yeah, I mean, I'm serious about this
as far as helping him do When I said to him, listen, I
don't want to argue with you, but if you want information on going after
damage as I can help you. But Frank Azar or any other personal injury
attorney will not take the case. They won't. They will not do it
based on making someone make payments to him because he's injured. I'm not denying
his injuries. That's just life. It's life. Now, I'm going to
go to Brandon Signally, an attorney at law. Brandon, you are concerned
and emailed us, and I said, Brandon, come on the show man,
Come on the show and tell us what's on your mind and what people
need to look out for. So could you help us out, Brandon,
what's happening that you feel people need to know? Hey, Tom, I
appreciate you having me on Goodmoring, Sir. I am calling to sell on
the alarm. As you know, I've done a lot of landlord tenant law
over the years, and yes, you have something of a specialty of mine.
Right now, there's a bunch of landlord tenant bills that are pending.
The last session they had passed a whole host of them, twelve bills in
fact in this area where there had not been before, and that's been a
problem we've been dealing with. But right now they've got a bill that did
not make it through last session. It got timed out, essentially, but
they're trying to get it past along with some other bills. But this one
is called a just cause eviction bill. They're taking testimony on it right now
at the Capitol. It got out of committee. Is this the particular law
that you're concerned with? Is the just Cause Bill? And it's in the
House and it's commuted committee. I got to go through the House and the
Senate before it gets to the governor. But and what does the just Cause
bill do? Who is it for? Who is it against? What do
you think are the implications? Sure, so it's purportedly to help tenants,
and in the short term, in some of these situations, that certainly will
be beneficial to tenants. The problem I see is ultimately will create problems with
availability of housing because it's going to greatly affect small landlords, your mom and
pop landlords, your single family home availability, which in this market has been
getting bought up by a few companies, and eventually it's just going to be
a few companies that all own all the single family homes and rent them out.
Right, So, Brandon, why tell me what this law does.
Are you saying this law will discourage mom and pops from renting out single family
homes? Absolutely will implode the industry. Time. Here's what it requires.
It basically prevents the parties from agreeing on a move out termination date effectively,
so in most cases, a landlord will be forced to renew a tenant unless
they have just cause to say I want my property back. The just cause
reasons are limited and complicated. They're limited to situations. Wait, wait,
they can't just say I don't want to rent anymore to you, or my
daughter's graduating college, I want to rent to her. That's right, even
if it's at term lease that says it's going to end on a date certain
That's what I'm talking about. I'm not talking about eviction now, we're talking
about renewing a lease. Right, So your month to month tendancies will become
a thing of the past. It would be very difficult because you won't be
able to just agree to a one month and a landlord could never say I'm
done. I need to move on. And so what this puts is this
for apartments too, or just single family homes. It's for apartments too.
Now that's where I say, most apartment complexes can probably manage through this stuff.
It will be very difficult and will cause massive frustration with tenants. And
here's why. Okay, so hold on. So I want to tell people
what we're talking about. It's there are a new law being considered by the
ultraliberal Colorado lawmakers. Who's and the reason I say that yesterday I said that's
a good thing for certain things, and it's a bad thing for certain things.
I said that yesterday. For example, I think that they should take
as much as much effort helping people in Hoa's as they do tenants, because
people in hoa as many are being screwed. But let's talk about this.
Brandon Signeian says, this bill, the just Cause Bill, is basically saying
you must renew a lease unless there is just cause. Not to correct.
The House bill is house built twenty four dish one nine eight twenty four dish
one zero. If anyone wants to look at us, twenty four Dash nine
zero one to eight. Yet twenty four dish ones zero ninety eight. The
just cause, like I said, it would be, for example, if
you are able to prove that they have been habitually laid on payments, if
you're able to prove that they have caused nuisances or causing a nuisance, or
if you're able to prove again that you're trying to move back into your home
or that you live in your home, or you need to do substantial repairs.
Now, if you're going to do substantial repairs and you say, well,
I have to quit you so I can fix the plumbing and I can't
do it with you living here, you have to actually give the tenant ninety
days notice. Then you have to give the tenant all information about the project
you're doing. And then once they move out, you have to give them
the option to move back in. This complicated stuff and how you prove a
nuisance, proved that someone's creating a nuisance, or whatever effectively makes puts pits
everybody against everybody so well branded Basically, whether it's one year, two year,
six month, one month, you can't get rid of them unless you
have just cause. You can't get rid of them unless you have just cost
on non payment would be just cause, right, that would be grounds for
eviction. They've made it very maybe more difficult to get evictions for nonpayment.
But yes, those are so least violations would be available to a landlord.
But this is the problem Tom, This notice to quit process where you say,
on a month to month's senency, you know we're going to be out,
We're I'm going to term it your lease and we have to move on.
Or you have to say, well, I agree to a set term.
We're going to have three hundred and sixty five days and that's it no
more. At that point, I want to move on no longer. Can
you do that? And now you have to look for cause. Now you
have neighbors against neighbors, landlords against you. Hold on, Brandon, I
have to take a break. I want to come back. Can ask if
people can opt out of it? Can you make someone, can you sign
a waiver, disclaimer whatever? And we'll talk about that coming up. Three
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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. I'm Tom Martino.
You're a troubleshooter. We're going to go to the phones right now three oh
three, seven to one to three talk. But I want to ask Brandon
Siglian. Okay, you're a landlord. If this gets passed, and it
probably will, you have to have just cause or you must renew the lease.
So can you put in the lease any special conditions like I agree that
I'm going to leave no matter what if you want me to, or anything
like that. I have an help with Tom. No, parties can't contract
on a date certain no longer if this passes, exceptant. I don't want
to complicate the issue too much, but I said there are a few exceptions,
for example, where the tenant wants to, or the landlord is living
in the same home with the tenant, or if it's short term leases it's
less than thirty days, or an employer employee related access re dwelling a unit
or a tenant it's not, or a person that's never been a tenant less
than nine months in their life. Those are some odd exceptions, but those
are the only exceptions to this right to contract. Do you think it's going
to be passed? Is there any hope of getting it not passed? The
way it looked last session, Tom, is it was going to pass in
the Senate. It timed out at the last minute. They didn't have enough
time to get it up for a vote. But I don't think. I
don't think landlords understand this, Otherwise they might be their lobbying against it,
And we do, Tom. We have started to or they have started organized.
There is some lobbying groups down there today testifying on behalf. There's the
red tell me where people go, Brandon, if they're listening right now,
they want to add their voice. Where do they go? Yeah, if
you want, you're going to want to contact your legislators, your House representatives,
and then your Senate if it gets through. Let them know how you
feel about this. Let Governor Polis know how you feel about this and what
would mean to the industry. You know, if you can't amicably le de
part ways, then everybody's going to be fighting in court to get people out,
and it's just going to make a mess where everybody's going to be angry.
Brandon, Thank you very much. I appreciate that. And uh,
can you give out your number please? Seven two zero nine hundred and four
to seven nine eight. Thanks for having me on, Tom, Thank you
any help efforts people can get the word out. Bring a green button if
you go down to the Capitol today show your support for landmarks. Thank you
appreciate it. Three oh three seven one three talk seven one three eight two
five five. Tom, you're calling about a follow up with mister appliance.
I believe what's going on with you? Tom? Are you there? Tom?
Well? He had a built in Viking refrigerator spent sixty seven dollars in
repairs, and they never they called Promised Appliance who fixed it for forty seven
hundred and ninety four. I said, listen, you got to get your
money back from these people. He just wanted to get the word out.
But he has a follow up. But he's not there. Is that true?
He's not there right now? All right. If he wants to come
back, he can, But I'm going to erase that right now and move
on to Kim. Kim, welcome to the show. What's going on?
Kim? Come? So I sent you guys an email and that's why I'm
on the show. Actually, yeah, I have the email. But what
so what's it all about? Kim? It's South Creek Town Homes, right
So, we are having a meeting on the thirteenth to over what they've come
up with so far for the hell damage. We are each looking at getting
a sustin nowhere between twenty two and twenty five thousand. This is happening all
over all over Colorado. Yes, I know, I know so so far
supposedly, what they've only done is gotten one bid because they said they had
to get it into the insurance company right away. I don't know if they
only need to get one bid or if they should get well, that's up
to you guys. You're all you're all part of it. I think they
should get more than one bid. Okay, Now why is it? Why
are you being assessed so much? Do they not have enough to cover now?
And from what I was told in December because I just moved here a
year ago, is that back in two thousand and eight when everything went bad,
whoever was managing the HOA and stuff, they pretty much Willian Nelly with
the money. So then they were out of money completely. So that well,
listen, listen, I know, okay, listen, I don't.
I'm not a great lover of hoa's, Okay, but this notion that the
ha or Hoa's in general are wasting money or pill for money, it's all
bs. Okay. People are pissed off because they have to pay assessments.
Everyone's paying assessments, even people on the board. No one's getting away with
it. No one likes it. So I don't think I don't eat.
And let's put it this way, do you want to know that the card
truth even if the HOA board, if they were stupid in spending money or
did not collect enough money, you would still have to pay the assessment.
There's no way out of an assessment if it's true. Now, the only
way there would be out of an assessment. The only way out of an
assessment is if the math is wrong or they're cheating you, like they're going
to Tahiti with the money. But other than that, So, what can
I do to help you? What options I'm not trying to get out of
it? I have? Okay, here are your options. If you have
a certain certain homeowners' policies cover lost damage assessment, but you must have it.
It's and again a lot of people think it just unlimits, and it's
unlimited. It's not. Lost damage assessment usually only covers about five grand.
However, there are policies you can get to cover up to thirty grand,
but you have to pay for that coverage. If you don't have it,
it's too late to get it. So if you have it, more power
to you. And those only cover assessments for storms. Some do not cover
roofing. They will cover you up to thirty thousand, but they're small print
that says roofing, they only cover you up to five thousand. So for
anyone with lost damage assessment. The next bit of complaints I'm going to be
getting is that it doesn't cover enough. You have to make absolutely sure it
covers for roofing. So that's why I always recommend Compass Insurance. Give them
a call. They will go over it free of charge with you. And
those are the people I would be using. Three h three nine nine six
nine thousand. Now let's talk about Tom, Tom, Tom, can you
give me a second hairt Yeah, I'm talking to other people too. I
just want you to know I will answer every question you have. But but
we're on the topic and every time someone comes on, I get loads of
questions. That's why I'm going over each and every detail. But go ahead,
I'm sorry, go ahead, okay. So here the situation is this
is that what they're telling us is that if one of the options is is
they'll get a big loan, and with the loan, then we have to
pay the loan off. So let's just say I go ahead and pay my
twenty five thousand dollars towards the assessment. Well, they're telling us that we're
going to have to continue to pay the interest on our HA dues because other
people haven't paid theirs. Okay, well, that would be unfair. In
fact, that would be impossibly unfair if somebody doesn't pay it For the entire
HOA to bear the debt would be ridiculous. I mean, how stupid would
that be if they're going to give people If now, if they charge people
interest, that's different. For example, let me get let me give you
this. If the HOA as in HOA, let's say they have to cover
three hundred thousand dollars in non payments. Okay, Now, let's say they
get a loan for three hundred thousand dollars. What they should do if they
that is an HOA expense for everyone, Okay, the three hundred However,
they then go out to let's say whatever, However many people there are that
didn't pay. They go out and then they those people have to pay back
the HOA with interest to cover that interest. So the HOA isn't making a
profit, but the HOA is not paying for them either, So that would
be there would be nothing wrong with that if that was the case. So
you just have to make sure they're doing it correctly. So let's say,
and I use bad numbers, but let's use these numbers. If three hundred
thousand was not covered. That would be twelve homeowners not making their twenty five
thousand dollars payment. Okay, So if there are twelve homeowners not paying and
you guys take out a three hundred thousand dollars loan, that three hundred thousand
dollars loan is with interest and expense of the HOA, then the HOA would
go out and charge those twelve monthly payments with the same interest to reimburse the
HOA. Does that make sense, Yes, that's the way it works.
I also want to say that our homeowners isn't looking to get leans on our
homeowners so good. Yeah, I mean, I'm not against the ball.
I think I think to be really uncomplicated, they should take out a loan
for the entire deficiency. If they're going to do that, to do it
like they're thinking about makes it very complicated. Okay, but do you you
know it sounds to me like maybe Kim, your HOA is listening. At
least you guys are all talking. Yes, I mean it's I don't have
any quorums about our HOA board members at all, so I'm just trying to,
you know, help us all out and come up with them. My
god, I think, do you know what the entire deficiency is? How
many homeowners are there? Two point six million? Oh? My god?
Oh ouch, two point six million deficiency. Yeah, I mean you have
the email, I said to the email from our South quicktown Homes on what
they're looking at one hundred and eighty four units, and you have to pay
ten percent for the deductible. Wait wait, ten percent of the two point
six I know. So now I don't understand the numbers. So let me
explain the numbers are say and hold on, it can't be. It can't
be two point six can't be the deductible. It can't be. Can't be.
Yeah, they're saying that, Yeah it is. You've got the email.
I the townhomes are worth forty five million, will tell us that we
have to pay it. It would come to ten percent, which is four
point five. Then you go to the depreciation and it comes to two point
six. Okay. I'm not a numbers person, but that's what I've been
told. So it's not just the deductible. They're only paying actual cash value.
You know what. It sounds like this place is very, very,
very mismanaged. But even and here's what I tell people. Here's what this
is an amazing thing. I want to say. Even if an HOA is
mismanaged, Listen carefully, you still owe the money. Even if it's mismanaged,
then you have to go after the ones who miss managed it, and
guess what happens They go bankrupt. So when you're in an HOA, it's
you're in a family. And unless all of you have equal trust. People
don't understand this. Hoa's are putting your trust in everyone else. It is
the worst situation in the world. Based on what I know now about hoas
and management companies, I will never own ever a condo or a town home
in my life ever again. And I believe people in townhomes and condos have
a terrible, terrible investment. It's going to be akin to trailer parks in
the future. That's how bad it's going to be to own one of those.
And I don't care who you are. That's the way it is now.
I don't know what else to tell you, but go ahead. Last
question. We were told that there are only about three companies left in Colorado
that will ensure town homes and condos. Is that almost correct? Yeah?
There might be four or five. Huh okay, if you want the truth,
kim Compass Insurance Group. They do big commercial and they do residential.
They will answer your questions free and they're not going to try to sell you
a I am with them, I'm talking to my agents with them. Why
don't you ask them how many big companies there are ensuring townhomes. They'll tell
you. And by the way, for anyone else who wants honesty three oh
three nine nine six nine thousand 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 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 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. We got a lot of calls I got to
get to and then we have Dan McKenzie with us and I'm getting some texts
from him for him on some will issues. So Richard's got a question on
non compete agreement. Richard, go ahead, I'm going to get through these
calls quickly, I promised Richard. Go ahead. Hi Tom, thanks for
taking my call. Yes, sir, by the way, let me tell
you why I'm an expert at non competes. My entire broadcast career is filled
with them. Okay, got it. So what do you need to know?
Okay? So I started working for a firm probably fourteen years ago.
About four years ago they made everybody sign and non compete clause and with new
ownership, and I'm reaching pretty close to retirement, and I I have a
difference in the way the company's going. What did the non compete say,
Richard? What did it say? Well, the basic one, you can't
do. I can't do what I do for them for two years and others
for any other company or you know. Let me ask you something is what
you do in management? Yes, well that's okay. Let me just give
you the rundown. I'm not giving you legal advice. I'm telling you as
it pertains to me and how I handle it. I was told and I
can get my attorney on that. Non competes. Non competes. I'm going
to ask Dan McKenzie to stop on too, he's an attorney. But I
was told non competes only deal with management with proprietary information, and if you
go into another industry, obviously you can do that. But also they can't
restrict you from doing regular work ever, and even the ones with management have
to be reasonable in time and scope. They can't say the whole world forever,
and it has to be anyway. Dan weigh in on that. Yeah,
that's exactly right. They I think they're the courts kind of lean against
enforcing them because the obvious reasons that they don't want to have people be not
able to work. I mean, obviously this is your job, this is
what you're an expert in, and so limitating it that way is a problem.
Now they can be enforced, but it is what you just said again,
mainly management. Nobody's going to enforce it against the worker. What kind
of management do you do? Well, I covered the West region and they
gave me the title. But ordinary management it has to have proprietary stuff.
Yeah, no, I mean there's the prietary within their company. I mean
their own clients that they have and clients that I've gotten for them. But
and you can and you can never even if you didn't have an non compete,
if you go after the clients, they could try to get you on
that. But mainly here they can restrict you from clients. But what I
want to know is this, what is the scope of that non compete?
Two years? Two years? Yes, what's the geographic area? Well,
I'm in the West region from Colorado to Hawaii? Basically did they say that
Colorado to WAYI or do they say any company they said? Well, I
mean I cannot work for another consulting firm within the expertise that I have.
What expertise do you have? Elevator consultant? I don't see how they can
restrict that. I don't see how they can. But that's just me talking
Dan. What possibly do you know that's proprietary that your company consults people with,
like certain techniques or certain procedures that other companies wouldn't. How first of
all, I don't even know what an elevator consultant does. I mean to
me just as as an aside, here, consultants, most consultants, you
know, consult about things that people couldn't figure out themselves. Do you tell
people that the elevator goes up and down? Or what? What do you
do? Well? I make recommendations like going and make sure that the elevator
companies are doing what are contractually obligated to do. If I never dreamed you
would need a consultant for that. But that's cool. I don't see anything
what is proprietary. I mean, you can go out and work for an
elevator. I mean, I don't even see how the hell they can say
that's what's proprietary. Nothing, there's nothing proprietary and what to do there?
I think they're overreaching, But that's my my amateur you know, kind of
look at this. Yeah, I mean that's like saying, Okay, they
tried to do that and broadcast. You can't. You can't. You can't
be a reporter, well, bull crap. I can't be a reporter,
you know. I mean unless there's something or you can't be a talk show
host. Unless there's something proprietary, they can't keep you from doing it.
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 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 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, you're troubleshooter three O three seven one three talks seven
one three eight two five five. Okay, Now who do I have here?
I have follow ups? I have I have Richard, and Richard has
that non compete. I have some more information Richard. Okay, consulted some
legal stuff off the air. Okay, listen carefully that you have to have
trade secrets. It has to be reasonable. You must have been given consideration
for those two years. Did they give you a raise or pay you for
that? No? Okay? Also did they train you? Especially? They
might want to recover some expenses if the new company that had you signed did
that. And I'm telling you you can talk to an employment attorney, but
I don't think they can enforce 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 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 all three nine two zero sixteen twenty two. Y'all rita
you need so you don't have come running just as fast as we can.
Shooter's gonna help come Man Dix. He is the Troubleshooter Show. No Tom
Martino, Hi Tom Martino, Your Troubleshooter three oh three seven one three talk
seven one three eight two five five. Welcome to the show. We have
a lot to talk about today, so I better get to the calls.
And I think Richard is done right. I've told Richard everything he needs to
know. If he has another question, I'll take him. But I think
he's done. I want to move on. I'm Tom Martino. Dan McKenzie's
with us COO Plans dot Co. He is with Dan McKenzie mackenzie Law firm
for estate planning. And also I have Linda and Dean on from yesterday.
I'd like to talk to and Linda and Dean. Did they send us a
picture yet of their unit? That's a little difficult, but I was able
to get one off of the internet and am but how do we know it's
okay? Did you get one that had a pedestal? Yes? Did you
send it to me? I will do so right now, okay, And
until I get that, let me move on. I'll Linda and Dean hang
on. I'll get right back to you, okay, dear, just hang
on. I'm going to go to Sherry. Sherry, what's going on with
your apartment deposit? Sherry? Okay? Yes, Well, my daughter and
I are got involved in a lease, a six month lease in Wyoming Larmie.
We secured the apartment in July of twenty three, but the lease was
to start the first of August. Okay, so okay, that's fine,
it doesn't matter. That's what matters. So you signed the lease to start
August first, yes, okay. My daughter moved in, which they understood
she would not move intil rusby the eleventh. It doesn't matter, None of
that matters, okay, all right, And so then the lease was to
go to January first, which then she was paid up through the end of
January of this year twenty four So when in August did she move in?
She moved in on the eleventh. But when was it effective the first Yes,
so August, September, October, November, December, January. So
it was a six month lease, got it. Yes, This allowed them
to also have extra to get their persducts. So now, what what's going
on now? They were it was up in January. What's going on?
Well, and my daughter turned the key over the twenty fifth of January.
But it was roughly on the fourth of January that they notified my daughter,
who then in turn told me we needed to pay another month's rent because she
my daughter, after she graduated in December, asked if there was a possibility
or a need to stay longer, would they agree to a month to month
Okay? So they said yes. There was no contract for a month to
month, nothing in writing. My daughter then got hired on. She applied,
went through interviews to come back to Colorado, cherry, Cherry, I
don't need to know any of that. What you're saying, is they that
inquiry as a request to extend the lease. Is that right? That's my
understand Yes. Well did they get that in writing or did they just talk
about it? Okay? So the lease does not say you have to let
us know if you're extending or not you must let us know. The lease
automatically terminates. It has no wording in it whatsoever that it reverts unless she
lets them know. Because let me tell you why. There are some leases.
Listen carefully, please, there are some leases that say this goes to
January thirtieth or thirty first, whatever, it goes to January, and unless
you notify us that you're leaving, it will automatically revert month to month.
Okay, So what does it say. It's all going to be a matter
of contract. So if they don't have any clause in there whatsoever where she
had to let them know her intention, then she simply needs to sue them
in small claims court for the deposit. Well, it's not just a closet,
because the roughly the fourth of January, I'd have to look at more
people where she's not a home. You mean the fourth of February, you
said, well, no, January, Okay, good January. She was
notified by another tenant who is the daughter to the owner of the property.
She was notified my daughter that she was laid on her payment, which was
not true because in the beginning we paid first last month and deposit in one
big check. Okay. So they were saying she was late on paying her
for rent. And this is I'll tell you why, Okay, Sherry.
They're saying that because they did not believe it ended at the end of January,
so they did not consider it the last month. Listen. Without seeing
that, without seeing that lease, we can't tell you any more than that
that landlord. That landlord is contending that she had more than a six month
lease, that it continued after that unless she let them know. That's what
they're saying. And you're saying, no, it ended, and therefore you
wanted them to use the last month rent from your last month payment, which
they should, but they're not considering it the last month. It's pretty clear
that you two have a very clear misunderstanding, and that's why I'm going to
say this again. You have to go to the original lease and carefully analyze
the termination clause and then you sue them in Small Thames Court for whatever they
collected from you. I don't know what they're keeping, I mean right now,
what are they doing? She's out? What are they coming after her
for? Well, they have it come after for a meaning they're withholding.
So it's what are they withholding? They should withhold on. You already paid
the first month and you paid the last month, right or did she did?
She get scared and paid January twice? I paid it again thinking it
was for February if she needed to be in this Okay, Well, then
you guys, in my opinion, you extended the lease by doing that.
You've in has since told them you're extending the lease. So what are they
withholding from you right now? Exactly? What are they withholding? Well,
the the eight and seventy five for rent one month and then because they're going
to get someone in there to shampoo, but they're going to take a third
of her eighth seven twenty five depontits. So I got it, okay,
I get it. So really in dispute right now. I think they're being
fair by cleaning the carpets and giving back the rest of the eight seventy five.
The only thing at dispute right the only thing in dispute right now is
whether or not you owe for March. I think you sent them mixed signals.
Here's why she inquired about extending in December, and then you went ahead
and paid for March. You should have said on January fourth when they wanted
the rent, no, you have the last month's rent and we're not staying.
But you didn't. You paid the rent and you assumed it was for
whatever you assumed. I don't know what you assumed, but you gave miss
mixed signals. It's not as black and white as you think it is.
I'm telling you that from an objective viewpoint. Here. Now, am I
thinking that they should keep your money? No, not necessarily, But it's
not as cut and dry as you said. You said the lease clearly ended
in January or at the end of January, and if it did, then
she should have simply said to them, no, we're not paying for January.
You already collected for it. Instead, you wrote them another check.
So they're thinking, Okay, she does want to extend. Okay, that
makes sense. So what you have to say to them is there was a
misunderstanding she didn't stay for February. Listen, this is going to be a
battle. But the lease will say at all. If the lease does not
require any kind of a notice, then I would take them again to small
claims court and I would sue for the balance that they kept. That's what
I would do. I would leave the carpet cleaning alone. I wouldn't get
into the weeds there. I'm Tom Martine three three seven to one to three
talk seven one three eight two five five Frank durand the real estate Man dot
com. Listen, Frank, how do I put this? He's the best.
That's all there is to it. Okay, he puts more money in
your pocket, and he does it quicker than anyone. That's what he does.
Bottom line. If you call Frank, he'll do a free analysis of
your home, what it will sell for, what you'll clear, and what
you can buy and all of that is complementary. Three oh three nine two
zero steam twenty two durand the real estate Man 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.
In comparison, call Compass Insurance paying too much your coverage at dozens of
insurance companies find out now 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 nine two zero sixteen twenty two.
Hi Tom Martine, your troubleshooter three oh three seven one three talks seven one
three eight two five five. Glynda and Dean called. They're a couple in
their nineties. They moved from one apartment to another and they think they got
screwed by the mover and it's probably too late to do anything about it.
They paid more than was promised. But what they're really upset about. One
of their main problems they talked about was he broke their their bows acoustic wave
radio with CD player and pedestal and remote. So, Linda and Dean,
when you say it's broken, I just want to explore this for a minute.
It just doesn't turn on at all, or what what's going on?
No, it does not turn on and it makes no shown whatsoever. Oh
girl, it's the whole inside when they apparently when it was dropped when they
were loading it. They must have dropped it because the base got all cracked
and the components inside the radio are all along. Okay, wrong, I
mean, I'll talk to two regio repair men. They said, very repairable.
Okay, okay, So I want you to leave your address with Kachina
here and we're going to send you on. And they don't make them brand
new, but we can find a refurbished one. Okay, yeah, okay,
So let me repeat to my husband. He can find a refurbished one
because they don't make him anymore, won't models? Right? Yes, but
I can find one just like it, a beige with a pedestal. Yep,
Yes, we can find one. And by the way, we just
want to do this for you because we feel bad for you, and I
don't think we'll get anything from that crappy moving company. Oh may I say
something? Yes, we still see the picture of the new radio from both
and they look the same exactly. Well it's not, but okay, okay,
So how much is the new one from Bose? There was a fifteen
hundred. Yeah, so this one that you have, how old is it?
It? Was guided in nineteen ninety seven. It's been in wonderful condition
all these years. We cherished that radio. Okay, listen, I can't
promise you. I mean, I'll look at the new one. But here's
the problem with that. I don't think it's going to have the same simple
functionality as your other one with the CD player. I mean, I hesitate
to get you something. They're just not making that radio anymore, and I
hesitate to give you, guys in your nineties, something brand spanking new that
you haven't had before. I mean, I'm not saying you're stupid. You're
not. But if you want to replace exactly what you have, that wouldn't
be difficult. In fact, it'll be much newer than the one you have,
but it won't be the brand new one with the MP three and all
of that. I mean, I'm just that, That's all I'm saying.
So you guys think over it. I replied to what you just said.
Okay, go ahead, sir. We don't expect to have that radio re
as such because they don't make anymore. They make a different version, right,
Okay, Okay, even though it's no like the same puts a different
version and they're not really looking to replace it one percent. No, well,
we want to buy you one. We will get you a really nice
one, a really nice one, like totally refurbished. But that's up to
you. You guys decide if you want that or not. And we'd like
to do that for you because just because, okay, I feel bad for
you that you got taken advantage of. I think it's terrible that you were
taken advantage of. But again, we uh, we want to do this.
Then we want to help you. Like the cuckoo clock, man,
there's nothing we can do about that. That's an expensive thing. You're sure
that they picked up a cuckoo clock for you, right? That was a
seven foot clock they took and never delivered it. No, it was not
a seven foot clock. It was a probably one and a half to two
feet high. Oh okay, now that was vintage though. That was an
antique right? No? No, not empty, No, it wasn't.
Are they available? Are they? Have you looked for replacements on those?
If you want to go after this, mover sure available in Germany. You
can read on the website how much about six dollars? Okay? Can you
can you try to send me a link on that or where I can find
it, a link of prequel clock where we can find it. Well,
yeah, well we'll have to send it to you, but I eventually I
will need where to send it. Tom. That's not only the issue,
but you know, since that this all happened, this guy moved us.
We've been in touch with the Attorney general. Yes, good, Secretary of
State, the better, good good, and nobody seems to be able to
do anything. They just know. Hold on, hold on, what when
you say they're not able to do anything, that's exactly right. They're not
going to go after them and sue them or do anything because they're just no
one is equipped to do that directly. What they do is I mean?
And and unless they got multiple complaints, they won't go after him for fraud.
You don't have proof. Here's the problem. We have none. None
of this. We do we have proof about I'm gonna have one of our
people call. I'll have I'll have Uh, let's see if is dollar in
the studio today? Let's let's have you call over to the mover and pressure
them. Is he in the studio or not? Is he? Yes?
Yeah? Hold on, We're gonna have one of our people call and then
we'll make every attempt to replace that CD with a better one that has the
same kind of functionality and can it would be really really good. I know
they don't if they could just snap a picture of that. If not,
I understand. But anyway, three oh three seven, one, three eight
two five five, Deputy Chopper has some follow ups. Let's take at least
one right now before the break. Chopper, what's going on? Do you
have your diner ready? Yeah? Oh yeah, I'm gonna get my dinger
ready. Tell me why? Well, you remember, I think it was
last week we got a call on the North Washington Dental. They owe a
couple three and twenty five dollars I yeah, the office manager. Yeah,
and they promised they would stand it out. Well guess what they did.
What's it? So? Did they get the money? Yes, they got
the money from uh North Washington Dentalds and everything's okay. Yes, sir,
you got the dinger. We have more are coming right up. Hold 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. In comparison, call Compass insurance paying too much your coverage at dozens
of insurance companies find out now 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, your trouble shooter. Three
oh three seven one three talk three oh three seven one three eight two five
five. Let's talk whatever is on your mind. Let's do what it takes
to make your life a little easier. We have Dan mc with us.
I have a question Dan Dan McKenzie, by the way, he is an
attorney at law that does the state planning. And someone wants to know if
they have a trust, do they also need a will? I think they
do right? Or what you should have a will? What does the will
do? The will directs anything that's not in the trust, and usually there's
at least a few things outside the trust that need some you know, like
your cars usually are not in the trust. But if you did have a
complete trust, you would say in the will see the trust, right,
that's pretty much always what it says. Yeah, sake, anything that was
not in the trust when I passed away, put it in the trust,
not the trust directory it goes. That's kind of a backup. But when
you have a trust, you're trying to put stuff in as much as you
can in the trust during your lifetime. Somebody else has a question. We'll
get to on privacy. You can be thinking about that. That's Seal Plans
dot Co Dan McKenzie. Let's go back to Chopper. He got money back,
man, a lot of money back. That's wonderful, Deputy Chopper that
you got that money back for that guy. It was Anthony believe. And
so tell me what else is going on, sir, Well, I want
the listeners to know how good you're referral list. If I have a shout
out, can I give it? Tom? Yeah? Absolutely, Okay.
I had a like a baseball sized dent on a car, got two quotes
in Parker, and then I realized, hey, we probably have someone.
I checked our referral list and we have Rocky Mountain Dent Service. Yes,
I went down there. These people are craftsmen. They're the nicest three guys
I've ever had work on my car. They did a great job, Tom
Good. That's good to know. Man, that's really good. Okay,
any other updates or follow up or if you have time, all right,
go ahead. I have one Mark. Yes, remember last week we had
a almost two calls in a row on choice homew warranty on refrigerators. God,
I can't stand home warranty. Yeah, what about it? I know
I noticed that. Well, the first one did get a credit card and
the second one after they were on our show and I poked the bear,
the repair guy did go on out and ordered parts. So I guess they're
living up to their well so far there. Let's see if they actually fix
it. So thank you for that though, And I'm going to withhold my
dinger until we see if they actually fix it. That's Deputy Chopper. And
then of course we have and we have no I'm not doing the dinger right
now, so Deputy I just put the dinger away. That's what that was,
right, okay. And then we have a Deputy Doc and Deputy Dollar.
We have them all on duty today. All right. Now, let's
go to that follow up with Ernest. Ernest has a follow up, and
you have a Chevy Equinox you're calling about. So this was Red Automotive.
I remember this, Earnest. Let me go to your call here, and
it's a two twenty thirteen. This was really outrageous. Two thousand miles after
they did some work, you got this noise and and it turns out,
basically, bottom line is the timing chain broke that they put in internal engine
damage. And I said, look, you need to get this checked out
by someone we trust. We don't know what, we don't know who's right,
who's telling you the truth. But one thing I would not do is
I said I would not authorize repairs until I knew of the block was good
or bad. Because if that block was damaged, as the first Chevy dealer
said, you do not want to spend two thousand dollars on that car only
to turn around and spend another five on the block. So what happened,
Ernest? You told them to stop the repairs and then what Well, as
soon as you told me that, and it made a lot of sense,
I called them and the gentleman said they haven't even pulled it in the start
yet. They was going to pull it in either in the afternoon or this
morning. I said, perfect, you do not do any repairs. It's
not authorized right now, and he agreed. I mean I stopped him,
But did you tell him why you wanted to stop? Yes, Sir,
I told him why and he said he said, well, the car seems
to be running perfectly, and but he like again he doesn't know. Okay,
what we have to figure out is this, Ernest, here's your next
step. How did that first Chevy dealer determine that the block was cracked?
Well, I'm not going to say he said cracked, but he said in
bad shape. I don't even know what that means. There's no such thing
as a block being in bad shape. A block is a block, is
a block is a block. So I don't even know what bad shape means.
What does it mean? What the can did? He said, the
cam broke in the block and so and it caused damage. Well, hold
on, did they did they take the engine apart to look inside it?
The first one they had to? I'm like, Tom, well no,
they hold on? You mean to tell me that first Chevy dealer took your
engine completely apart and then put it back together. I'm Tom, I got
the paperwork. I don't know what they did, Ernest. Let me ask
you something, Ernest, when you took it to the first Chevy dealer who
determined the block was in bad shape and that there were parts of the timing
chain in it, that dealer, how much did they charge you for that
diagnosis? They didn't charge me nothing because and they did not take the engine
apart. I will guarantee it. Okay. Red Automotives sent it to them
because he didn't know how to get it started. Ernest, that first steeler
did not take that engine apart. They can't. They would do you understand
what it would have taken to remove and look at that block? I really
don't. I'm okay, I have no mechanical They would have had to take
the entire top off of that engine. Let's just put it this way,
Okay. You told me the first dealer determined the block was bad, and
I said, I thought, I mean, there's no way that they could
have determined that without an internal inspection. I have no idea how they determined.
Can you call them for us and say, all just say this,
don't get into the weeds, Just say listen, I'm considering, you know,
having this car repaired, but I don't I don't want to spend too
much money. And I remember you told me the block was bad or in
bad shape? What did you mean exactly? Just please ask them did you
look at it inside? How do you know there's internal damage to the block?
Would you please ask those questions? Yes, sir, I definitely will.
And one more thing time. What I would like to do is actually
send you the send you the report via the email that they gave me that
describes all the damage that is good was done. Okay, I want you
to do that, and then you should take your car over to Kevin Caulkin
at Sheridan Auto Tech. That's your next step. Okay, share it une
Auto Tech. Okay, where is it right now? The second dealer?
And by the way, I'm not throwing any rocks at this second dealer.
They didn't do anything. What's the name of the second dealer? The second
one is Daniel Long Chevrolet. And where's that located? Motor City? Where's
that Motor City? Never mind, I'm not You're not going to go to
share it in auto tech now, it's too far. It's too far.
Bro. I need to talk to Can you get jesse On from Honest Accurate
Auto yes, Okay, hold on, Brian, I mean our ernest hold
on. We got more coming up on the Troubleshooter Show. Three oh three
seven one three talk seven one three A two five five. Denverregen dot com.
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dot com. You don't pay a cent until you're content. Please 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 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 Marchino, your troubleshooter three
O three seven one three talks seven one three eight two five five. All
right, so we uh have Earnest here now? Basically I want him to
get over to We don't have him on yet, do we? Jesse?
I wanted to get Jesse on. So he hasn't gone back to me yet.
He is a hang on Brian's turn, Brian, what's going on?
Hey? Brian? Hello, what's going on? Hey? So the other
day I went into a Walgreens and bought a prepaid phone card. Okay,
Verzon, yep, they have white ones and they have red ones. Now
apparently I didn't know that. What's the difference. What's the difference? Yeah,
there you go. That's the whole point of this. Apparently there's two
different divisions of Verizon. So what color? What color did you buy?
I bought red, the totals by Verizon variety. Bought a red calling card.
Yeah, okay, and it is called total by Verizon, not the
white prepaid Verizon. Is the red one prepaid as well? Though? Yeah?
Pretty much? So how does it differ? Walden? How is this
affecting you? So? I bought four of them at sixty dollars a piece,
two and forty dollars. I can why, just out of curiosity,
why do you buy them? I just I like to just be able to
do it that way. I just like it better. So how is it
used? I don't even know what a calling card is used for. I'm
serious. What do you use it for a long distance or what? I
don't even know there was charges like that? What just basically your monthly charge
for your cell phone? That's what you? Oh, I guess So so
okay, you choose not to pay by credit card? Absolutely. So are
they called prepaid calling cards or are they called pre just prepaid? Okay,
they're like a gift card, got it? Okay, So what's going on?
All right? So anyway, I scratched two of them, tried to
down the or input the number into message to pay for my phone service,
and they were declined, said they were not applicable to my program, my
prepaid service plan. What does that mean? On the back of the card,
unfortunately, it says in small print card cannot be refunded once validated or
authorized at the register. Okay, So now I have a problem. I
can't use it. I didn't know there were two different styles, A hold
on both companies. Let me ask you this, Brian, would you have
been able to use the white one to pay for your phone? Yes?
Always have been the white one. Yeah, the white one used to have
a little bit of red on it. Right, So when I was looking
in the area, I didn't see the white ones with red on them.
I didn't see the white ones only. Well, you shouldn't have to worry
about I mean that that's pre Can I ask you something? I mean,
they expect people to know which one to buy, and they're both Verizons.
So so I want to ask you some simple questions. What is the white
one for the red one for? I don't know. Apparently it could possibly
be for internet service also with your phone and maybe some hot Spot Wi Fi
stuff I don't know, but yours. But yours is that you have a
prepaid cell phone? Is that what it is? Yes? And the prepaid
cell phone can only be paid for with the white card. Yes, pretty
much. And now that you bought the red one, you can't convert it
to a white one. What So that's what they're telling me. So what
I did yesterday I took the four cards and the the receipts, and I
went to two zon stores and their attitude was this, we are franchise stores.
We can't handle this. You have to go to a corporate store,
go to the mall and Fort Collins. So I went to the mall in
Fort Collinns, the Corport store and they're like, we can't do this.
You'll have to go online and do it all right, hold on, we'll
come back to you. This is crazy stuff and good information. 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. Pay 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.
Ripped News didn't need advice, so you don't have come running success as
we can. Shooter's gonna help coming. Man Dix is the Troubleshooter Show.
No Tom Martinez, 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. This show brought to you by Ideal Home Loans. For your
next Ideal Home loan, they do the interest rate guarantee, so when rates
go down, you'll be refinanced free of charge, free of lender fees.
That's three oh three and nine. Well, let me see Ideal Home Loans.
I used to have that by heart. What the hell's wrong with the
three all three eight sixty seven seven thousand, three oh three eight six seven
seven thousand and I swear if you make a joke dragging about age, I'm
gonna come over there. Okay, Now, I would never say anything to
your friend, No, no, no, never. Now we have a
follow up I want to do, and it's Tom. He called three weeks
ago, mister appliance. This Viking refrigerator thing was terrible. But I believe
isn't this the one we had the follow up on recently? Here? But
let's bring them up anyway. Hey, Tom, what's going on, sir?
What's going on? Well? I just don't know follow up on that
I appreciate you guys reaching out back from them. Wait is this the one
Is this the one where it was last April? Yes? Or nine times?
Last April, mister Appliance came to try to fix fix your Viking refrigerator.
You spent sixty seven in repairs and it was never fixed. You called
another place and they fixed it for forty seven hundred or forty forty eight repee.
Yeah, the original repairs that were done, they were totally useless,
right, that is correct? And then did you call and then they went
to an exchanger, then they went to a compressor, then they pulled the
unit out, damaged my cabinets, put it back in. So and then
when we last, when we last talked, I notice here I said,
you just wanted to let people know. But I wonder why we didn't call
them on the last time you called us in February. Why didn't we did
we try to call, mister appliance. I think you were trying to get
a hold of somebody, and then I got an email said that you were
going to You're going to try to put us together or get them, get
them online. But I've never received a call from anyone even yet not from
you, from uh, from mister appliance and what we need to do.
And when you went down there, what did could you talk to anyone?
There was just one girl at the front desk and I said, hey,
I'm Tom Tarver and I've been trying to reach your service manager or your owner.
And she said we got in and I said, okay, here,
we're going to go with that. By hand her of the paper, I
said, here's all the nine calls I've called you guys. You know I
wanted to talk to somebody. I'd even try to get to an agreement,
because you know, I get it. You know, I don't know why
you wouldn't take Listen, why wouldn't you take in the small claims court?
You'll win? Well, I'd like to do that. I've never done that
before, so I guess I'm going to have to understand how to do that.
Okay, I get some help with it somebody else. Yeah. Yeah,
well Mark, as I said, Mark almost has become almost an expert
at it. But basically what he does is he goes online. And what
we do is we check out the site for consumers on the Secretary of State.
It's the hold on I'm going to do it right now, the Secretary
of State. And what you do is you find the business. You you
look up the business record for that company, and then what you do is
you so, so I'm going to search the business and what is it called,
mister appliance, mister appliance of Parker, Colorado. Okay, of Parker,
Colorado. And then I don't know if that's their name, but we're
gonna look it up. No results found. Huh, well, that's gonna
suck that. There's nothing with I want. I wonder if it's just mister
appliance of Parker. Let's try that one. Yeah, we found it,
mister appliance of Parker, and uh, they're in good standing. And you
go down here and we find their their uh, their registered agent and then
uh, I don't see though they're registered agent anywhere. Oh wait, wait,
maybe I do. Let's see they're registered agent. Yes, and then
registered agent is here. And what you do is you serve him for small
claims court and you take him to court for the money. It's that easy,
bro. And and so I just silent Douglas County and I go to
I go to the Secretary of State's office and find the registored agent and have
him serve Now if you yes, well, first of all, go online
and fill out the small claim stuff with him. His name is Ken Kevin
Kenneth Hudson h U T S O N. Now I don't know if this
is his home address or his business address. Do they have a location there?
You said they have? They have a storefront right off a Parker Road
that I went to get the address of that storefront. The address I have
here might be Kenneth's personal address. But what what you do is you serve
Kenneth Hudson. He's the one listed here as the registered agent. You can
look it up to at the Secretary of State. Okay, you you really
got to get this done. And then what you can do he's there.
They're in good standing, so I think it is. And the name is
KVH. Appliance Repair, LLC, doing business as mister Appliance of Colorado.
And then the registered agent, so you serve him. But fill it all
that out and sue, I don't see how you lose. You get a
judgment, and then you come back to us and we'll tell you how to
do it. But do it one step at a time. If you have
any hang ups, you call us back. We'll put you in touch with
Mark. Okay, okay, let us know how it goes. Three oh
three seven one three talks seven one three eight two five five. Now,
on these prebate paid cards, Deputy Doc had a great idea, Brian,
you bought some. This is what's crazy. You bought some prepaid Verizon cards
that can't be used to pay for your prepaid sell service. It can only
be as but you bought the wrong kind. Now, yeah, what I
don't understand is why you can't return the ones that haven't been used. Do
you have one still in a package? No, it's not in the package.
They're just cards and you scratch off the back and take the note.
Okay, that's why they're returning because a lot of people do that, and
there's a lot of fraud in that. So here's the deal. Here's what
else happened. Here's what else happened. So then I went online with the
chat bot or whatever and started talking to them at Verizon customer service. That's
it. You can't talk to anybody on a phone or you got to you
got to do the chat box thing. So I was chat boxing with them,
and the guy's like, well, there's two different divisions with Verizon,
so this won't work with this division, but it'll work with this other division.
God, how are they Well, I don't get it. How are
people supposed to know what cards to buy for what purpose? So here's the
next part of this. The next part is they gave me a number for
the division that supposedly could help me with this style of card, and I
called them and they're like, we can't help you because we don't have the
money. Walgreens has the money, so you have to go to Walgreens to
get the refund. So I went to Walgreens and they're like, we can't
refund the money, but we can get on the phone with you with that
other division and try to help you. And that's when I said, well,
we'll just call Tom. You know what I feel, really, I
mean, this is crazy and I think we need I need to look deeper
into it. But right now, for you, the quick solution, I
don't know there is one, but I know Deputy Doc had an idea.
Can you go to with a red card? Can you go to a Verizon
store and buy merchandise like a cover for a phone or stuff like that.
I don't know. I just really don't want to do that. All I
want is the simple prepaid card. And the thing is, I kind of
feel like this goes back to what they were what people were doing in the
early two thousands, when you had AT and T phone service, at and
T phone service, and somebody would call up and say we're at T and
then next thing you know, you're switched over to an expensive plan that you
never really wanted because you or I get it. I know it, I
know it. So I think it's bait and switch a little bit different,
Kachina. Do we have someone at Verizon that we talked to for problems?
I'm not sure about that. Suzanne would know better, but we can certainly
get his information and try to I thought we did at one point. I'm
not sure if that person is still there, Okay. And are they called
red and white cards? I have no idea what they're called. The one
card is prepaid Verizon. It's a white card used to be white with a
little bit of red on it, I understand. So it's called prepaid.
What are they both called? That's what I need to know. So one's
kind of a Verizon prepaid card is white, and then the other one is
Total by Verizon and it's all red. Okay, but what how is the
consumer supposed to know? That's my question right there. If you don't know
until you buy it, take it home, scratch it, try to use
it, and it says you cannot use this for what you're trying to do,
right I'm making notes here Total by Verizon and the other one is simply
the other one is simply the repaid card. Yeah, okay, well,
man, I give your information to Kelly. I think we have an angel
at Verizon, somebody we can get to, and then we'll see if we
can figure this out for you, or get somebody who knows something. Right
now, I just texted someone who knows about gift cards and oh man,
well Tom, I'm getting ready to go into a meeting. But here,
okay, give her the information. Give her the information to you. I
wanted to bring this to you because this is what you do. Great and
I appreciate. All right, good, get us the info or call us
back with the info. Kelly, give me your email or something, and
let's get this done. Okay, this sucks, and I really don't know
the answer. I'm looking into it, though, because I imagine many,
many, many consumers are going to be confused by this. Three O three
seven one three eight two five 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. In comparison, call
Compass Insurance paying too much your coverage at dozens of insurance companies find 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. Hi, Tom
Martino, your troubleshooter three oh three seven one three talks seven one three eight
two five five Ernest uh Jesse's not available at Honest Accurate Auto. But here's
what we need to do. What you You have your car right now at
a place and they're holding off on doing repairs. They seem to be pretty
fair, pretty nice. They say you need nineteen hundred dollars worth of repairs,
but I don't want you to authorize those until you know whether or not
that block is you know, is worth it? Now the dealership it's at
says, we don't think there's anything wrong with the block. Is that right?
That is correct? The second one, the first one said it is?
Did you send me yet that invoice from the first one? No,
I'm gonna because I have to go get a copy of it because I don't
have no will you to just like I take a picture of it, so
like I got time, I do have a car where I'm busting my wife
around, so I'm gonna probably go down to the authetics. Let's do that
first. Man, Wait, wait a minute, Ernest you have a copy
of it all ready, I mean you can't you take a picture of it
with your phone or not? Oh? Yes, I could do that,
but I mean sometimes the qualities. Well, let's try it. Let's before
you go running around. Let's try that first. Okay, I can do
that, And then what I'd like to do is Kaschina will tell you how
to get that to us. I'd like to take a look at it.
Here's why, I don't think your block is bad either. So if you're
satisfied with that estimate, once we determine that, you may as well,
let that dealer fix it. But what did that dealer say they're doing for
nineteen hundred, well to two thousand, five hundred. Oh yeah, they're
fixing the valve cover I guess, replacing the chain, and then the oil
that they say is leaking from the bottom pan and the part that was glued
on where they said it should have been sealed on. So they're doing all
those repairs. Okay, I think that it's not outrageous, it's a little
on the high side. What you might want to do, do you have
that estimate in writing to that is correct? Would you go over to Honest
Accurate Auto and talk to Jesse okay? Or call him. There's two of
them, he's at one of them, Honest Deck and talk to Jesse.
I'm talk to Jesse. Tell him you talk to me and you want to
find out you want to find out if that's a reasonable price for what needs
to be done? Or yes, sir, does he can he look at
it? And then also tell him that one shot told him your block was
in bed. No, I don't know if i'd complicate the matter. I
want to look at that invoice. There's no way that I'm just going to
say it that unless you had an obvious crack in your block, there's no
way that first shop could have told there's internal block damage without looking and taking
it apart. So I don't I mean, I just don't know. We
can talk to Jesse about it, but go see him first and then call
us back. Get us a copy of that first invoice three zero three,
seven to one three talks seven to one three eight two five five. We
have with us Dan McKenzie from McKenzie Law. Dan does a state planning,
Dan, I have a question for you, and somebody wants to know about
privacy. They were told and let me get our wide shot here. They
were told that if you do a trust, it's secret, no one can
read it unless they're part of the trust. And that's a good reason to
do a trust, to keep as little as possible in a will, which
is public record, and then point things to the trust. So let's just
talk about that first and foremost is a will public It will is lodge with
a and can be gotten at least by interested parties and interested parties, I
mean, it's lodge with the court, even if there is no probate.
Okay, supposed to be so once somebody's sunbun dies, people can read wills.
Yeah, yes, so that's reason enough to get a trust. Yeah.
Can people go and see a trust? No, because it's not as
the person who wrote this in said that it's not registered anywhere. It is
only the state statute says you have to share the details with those people who
are in it, and only the details relevant to them. So what that
is is somewhat debatable, but you can constrain it down. If I'm giving
ten thousand and one kid and five thousand the other, you know, they
don't necessarily get to know what each other got. But if kids dispute what's
in the trust, saying I don't believe that's what the trust says, I
think you're misinterpreting it. What happens then yeah, I mean they can initiate
litigation and they're a public then ca I mean obviously litigation. Yes, there
is a public elemental litigation, so there are ways that it could still happen.
But i'mlike with the wills going through probate, I mean, a probate
process is a court case. It's already going now. I heard that in
some cases where there's a dispute over what the will the trust says. A
judge can read it and say to the person, you're not privy to this
or this is what it says. And then, in other words, to
keep it from if someone says, I believe I'm part of that trust,
they're just not giving me the money. Yeah, and the person says,
no, you're not part of the trust. You're not going to get to
read it, right, Yeah, So it's the judge's ever peered into the
trust. Think, yes, you could do an in camera review, which
is a judge looking at it. Okay, yes it is and asked the
judge opinion, Am I in it or not? Yes? Okay? Three
oh three seven one three talks seven one three eight two five five. We
have more right after this, 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 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, you're troubleshooter three oh three seven one three talk three oh three
seven one three eight two five five. Welcome to the show. Here to
help you, and uh, all you have to do is call us.
We have Dan Mackenzie with us as well from Mackenzie Law, and uh,
while we're on the subject of a state planning and a state law, who
needs a will? Dan? Who needs one? Let's just you know we
often get that question. Yeah, I mean really, any adult who has
people relying on them, So you know, if you have a spouse,
if you co own property with somebody, if you guy kids. I mean,
these are all situations where you better have some instructions about what's going to
happen. What percentage of people die without a will? And I think they
asked them, it's about seventy percent. What wait a minute, wait a
minute, wait a minute, wait wait wait wait seventy percent without a will?
Yeah, yeah, it's a big majority. I never realized that.
Yeah, yeah, it's an essay. There's this is County by county is
really hard to tell, but that is that is mostly people. I would
venture to say it's mostly people without a lot of net worth. Probably people
have mistakenly think that that's the driver. And like I just said, you'd
notice I didn't bring that up. I didn't bring up your wealth. You
could yeah, I mean you could be renting an apartment. Your landlord's depending
on you, frankly in that situation, so you got creditors minded family,
like who's getting it? Like that, and that situation. If people don't
have a lot, they don't really care. They say, look who cares?
But if you have children, you want to provide for children. You
have a little extra, You have a car, even if you only have
a bank account in a car. But you can do that without a will.
They came to you and all they had was a car and a bank
account. Can't you do a payable on death certificate? Yeah? And that's
an option in much bigger estates in that So, yes, there's lots of
waste that designate beneficiaries. But that's a state planning. And we have situations
where people are making decisions like that with six figures riding on them and not
talking to any attorneys, and it's a big, big mistakes. Here's what
I want to know. If you have if you have like stuff, a
bunch of stuff, can you have some in a will and some in a
trust and then some totally bypass everything by doing like that payable on death certificate?
Most to state plans are a mix of all those things. Yep.
So what would be something that would totally that if you wanted something to go
directly to your air without going through probate, the will or anything something automatic?
Yeah, that would be a payable on death certificate? Yes, yeah,
that probably is the fastest. It's got some drawbacks, you know,
Unlike trust, it doesn't kick in unless you've passed away. If you're leaving
stuff, especially real estate or hard assets to multiple people, designate beneficiaries leaves
no one in charge and you people tried for them. Where a trust can
designate all that? Exactly? Can a will designate that? Can you say
I'm leaving my house and I want sixty percent to go here and forty percent
there? Sure? Okay, yeah, but a trust is made for more
instructions. Basically, isn't that really what it is? Isn't that isn't basically
a trust a will with conditions and terms. Yeah, trust allows you to
kind of direct things out a few steps, whereas a will, like if
you leave that sixty forty it's like, well, now, what how many
generations can a trust go? If you die? Can you make sure that
your kids for the rest of their lives have to abide by it? Oh?
Yeah? Can you make sure that their kids abide by it? Yep?
Really? Yeah. So there's the famous thing that you're study in law
school called the Rule against Perpetuities that is designed to prevent trust from going on
forever. It's pretty archaic, but they've been modified so there are limits,
but yeah, they can go on for quite a long time. That even
when we were using that rules, twenty one years of a life and being
had was the measuring so a life and being exactly the way it is.
No, it's been modified by statute and it goes even farther now, so
you get okay, so you want to rule what your kids do, and
you know there's going to be enough money for their kids and their kids,
but eventually it has to end. Eventually, there has to be some way
to end it. But what does there have to be some way to modify
it. What if everyone involved now a generation later is opposed to it.
Yeah, there is. There is a way to modify it, and that's
going to court and asking them with the court to modify it unless you build
some stuff into the trust agreement saying how that will be done. Larry,
you have a question, Go ahead, Larry, Welcome to the show.
I'm Tom Martino. Yeah, Tom, I have mentioned this before, but
when it comes to iras or four one ks, they should not be transferred
into a trust for distribution because they become immediately taxable. Wait is that true,
though? I don't. I don't see why they would be taxed.
Well, hold on, aren't they always taxable? Though? The isn't the
rule? The estate pays tax on anything that has not paid tax. So
IRA's and four one ks are a little bit different because they're holding money that
has not been taxing. Right. Yes, as the recipient, if it
comes directly to you, you're going to declare that as income. You know,
there's science directly to a recipient, they're not taxable, Yes, they
are, Larry, Larry. Let me let me put it to you this
way. If you put one hundred thousand dollars in an IRA or a four
to one K, and it grows, right, and you start and it
was qualified money, right, and then it starts going out to you your
airs. No matter how you distribute it, tax will be paid on it,
that's right. But it could be paid at lower rate depending on how
it's withdrawn. But if it's put into the trust, it's immediately a taxable
event for the entire amount. Oh, I didn't know that. I mean,
I don't know that actually, And Dan, you're not really a tax
attorney, but do you know that? But but Larry, So, what
you're saying is this, if somebody there there is a rule on some of
these four to one k's that if you inherit a four oh one K,
you have to take a distribution over a certain number of years, right right,
Dan, over ten years, right now, and then you must pay
tax when you take it, not on the whole thing, but you can
you can usually get it at a lower rate depending on your income. Well,
when you say lower rate, that's all subjective. It's not necessarily a
lower rate. It spread out, is what you mean to say. Because
if you get it as on your income and your deductions, you're at right,
that's right. So, but what you're saying is, and I don't
know if it's true, but I'm not going to call you a liar.
I think you probably researched it. You're saying, if it's a lump sum
into a trust as opposed to being left to an individual, if it goes
into a trust, all of the taxes are paid at that time. That's
correct, And that's that's my uncle's estate. He had over a million dollars
in these iray went into the trust and they had to pay the tax immediately.
Hmmm. Yeah, dealing with the IRA's through estate planning is generally pretty
complicated. We got some books that look like phone books on how to advise
people on how to do IRA planning. So there is an element there,
certainly. Yeah, Larry's got a point, but there are yeah, because
really, if you think about it, the trust is the recipient at that
point, right, Yeah, I mean when you know, usually we built
in what's called conduit provisions, and the trust is saying, trust, you
just take this money and immediately shoot it out to the beneficiary, and that
can that can result in the beneficiaries being tasked, which is usually yes,
what you want as larious. It says here where when I looked it up,
there's two different kinds of trusts, and it depends on what kind of
trust it is. What's a grant or trust than a non grant or trust.
So grant our trust is a trust that the income earned by that trust
is taxed to the person who made the trust. So like most living trusts
are grant to r trust, you just keep paying the taxes like you always
have. A non grant or trust is a trust, like an irrevocable trust
you're putting assets into, and it's got its own taxpayer a D number,
and files its own tax return. It says here the Secure Act made in
it says that all of the money must be withdrawn over ten years of the
original owner's death, and it says that this change can accelerate the income tax
impact on beneficiaries. Trust just beneficiaries can possibly navigate the same rules it can
if it has those provisions I mentioned earlier about being able to shoot that and
come right out to the beneficiaries. But you know, sometimes you could be
at risk. A trust, like an entity receiving assets, can be It
can be crunched down in five years. But Larry, that's a good point
though. You're right, Larry. The short answer is you have to always
take into consideration tax implications. Oscar, Oscar, real quick? What is
your question? Thank you Larry, Oscar go ahead? Are you there?
Oscar? Go ahead? Do you hear me? Yes? I can.
A couple of years ago with heavy I trust updated from Michigan to fornatho we
moved here to work Colorado. Is there anything we have to do to update
or well? You know, there's two sides of this coin here. One
is the documents. They probably cite Florida statutes, which you know, I
mean, you're can have a Florida you have Florida trust even when you live
here in Colorado. So but I would generally recommend that you confer and just
make sure because they might have some different rules around what a spouse is entitled
to receive in a blended family situation, you know, things like that.
And then the other side of the coin is how have you funded it?
Do you actually like is your house here in the trust? Have you put
other assets in the trust? And usually that's a good idea to review that,
but usually in general it's better to have the trust in the state where
you live or will die generally unless unless the tax implications are so more favorable
somewhere else. But can you literally make a trust anywhere you want or do
you have to have a connection to that state? I mean usually there's a
connection, but like it's the trustee or there's money there or some asset.
Well, I mean, what if I just want to make it somewhere that
has favorable taxes and stuff and favorable laws. I mean to pull that up.
I think you know, so that that you have to make an uh,
some kind of presence there. Yeah, so that The most common use
for this is asset protection trusts. Yeah, I know, people used to
have to go off for Now there's states like Nevada and Wyoming that let you
set up asset protection trusts there. To make that work, you got to
have money or some asset in the estate in the in that state. You
got to hire a trustee there. They've got an entire industry now set up
the states to help. There has to be a connection. You have an
artificial presence there, correct, Yeah, just like in Wyoming, Like if
you have an LYC in Wyoming, you got to have your ristered agent there.
Right. We have more coming up on the Troubleshooter Show. Three O
three seven one three A two five 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 checkup free, no obligation comparison call Compass Insurance paying too
much your coverage at dozens of insurance companies find out now three oh three and
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,
we have a few minutes left in this hour. Andrew has a question on
inheritance. Go ahead, Andrew, you're on with Tom Martino and Dan McKenzie.
Okay, thank you very much. A state administrator received very small amount
under one hundred thousand dollars. I need to know taxes out of way.
Pay taxes on that that was from proceeds of a sale of the condo of
the deceased. Okay, I don't know that necessarily taxes would be due if
there's an estate tax. The estate pays it, but that starts at thirteen
million bucks right now, So unless the estate had that much money. So
when you inherit something, and unless it's a qualified plan where taxes haven't been
paid, you don't have to pay tax on it. Right. That's a
gift. So Andrew, if someone left you one hundred thousand in cash or
left you a condo and you made one hundred thousand, it's the same thing.
I told the condo and made the one hundred thousand. Yes, but
that's still under the two fifty so should be fine. Correct, Well two
fifty? What do you mean two fifty? Well, if she was an
individual owner, she would only pay taxes over two fifty. Correct, she
would. Hold on, you're mixing up games. You're mixing up differently.
You're talking about capital gains tax. If she had sold, if the decedent
had sold that condo during her lifetime, she would have gotten two hundred and
fifty thousand a game before paying capital gains tax. Capital gains tax the basis
gets stepped up to her date of death value when she died. So if
there's been significant gains she died, and if you sold it within the year
of her death. There probably isn't there. You know, there's no capital
game, see Andrew. What we mean is you don't go to her basis.
You go to your basis. Your basis is the day she died.
How much did you sell it for? It was very cheap, it was
Blinster Gardens five. Well, let's say it was five hundred thousand or a
million. And when she died, even if she bought it at two hundred
thousand when she died, if it was worth eight hundred thousand and you sold
it for a million, you're still under the amount. So capital gains is
due on real estate. The estate pays capital gains, but capital gains are
not figured on original basis. They're figured on the stepped up basis. Is
that correct? That's correct? So the MOS short answer is, you don't
know tax act? How do I pay your final taxes? All right?
Hold on and we can answer that, okay, because that is important.
If there are final dozen of state hacks, the file a tax report for
final taxes. We'll talk about that coming up on the Troubleshooter Show. Three
oh three seven, one, three, eight, two five five on Tom
Martino with McKenzie log Dan McKenzie, which is at co Plans dot co.
Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't
pay a cent until you're content. Plead 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 real estate Man
dot com to list your home with Remax Alliance three oh three nine two zero
sixteen twenty two rip. So you don't have come, run in just as
fast as we can. Shooter's gonna help come man. This is the Troubleshooter
Show. No Tom Martino, Hi, Tom Martino here, Welcome to the
show. Three O three seven one three talk three O three seven one three
eight two five five. We're here with Dan McKenzie. He is with Mackenzie
Law. He does a state planning and we'll talk about anything you want.
We've had a busy morning, a lot of things to talk about. I
want to talk about those gift cards a guy or prepaid cards a guy talked
about because it's really important earlier in the show. By the way, our
number you can call right now and reach us at three oh three Martino,
or leave a message anytime during the day or night on that number and leave
your number and we will get back to you. So this guy bought four
red Verizon prepaid cards are actually Total by Verizon cards Total by Verizon, and
then he bought four Verizon. He didn't buy four Verizon prepaid cards. Okay,
there's two different cards, and I look this up and it's incredible because
they're two completely different products. Verizon Prepaid is a totally different card than Total
by Verizon. Total by Verizon is a whole separate thing, and it's a
separate service provided by Verizon. It's just that's all. And you can only
use the cards in total for total. So if you buy a Total by
Verizon card, you can only use it for total. Buy Verizon, which
is simply a prepaid market period and that's it. It's for prepaid phones period.
Actually is for prepaid everything. Network's lines, all kinds of stuff.
It's a no contract network, so five g Ultra and all those but whatever
it is, it all comes from that, and they have like Disney Plus
that comes with some of the subscriptions. But here's the deal. Verizon Prepaid
is simply a prepaid service directly by Verizon. This is so confusing, I
can't believe it. So here's the problem. If you buy a card for
Verizon Prepaid, you buy those cards, they can't be used for Total by
Verizon. And if you buy a Total by Verizon card, it can't be
used for Verizon Prepaid. I've never been more confused in my life. I
don't blame that guy. So when you go to buy a Verizon card,
if you're a single line customer and you need to pay for international features and
all of that, then Verizon Prepaid is what you're looking for. But if
you have a specific prepaid plan, they say you want totaled by Verizon.
Do you understand what that means? Because I don't. I'm reading directly from
them. So this guy can't use the cards that he bought. And like
I said, this is crazy, It's absolutely crazy. Now, what about
when you have a non compete clause in your contract? We found out that
Colorado and many other states do not enforce most non compete clauses they're very very
restrictive as to or very it's very limited which ones will be enforced in the
courts. Basically, if someone tries to get you on a non compete,
they have to show that you have trade secrets and we're in management, that
it's reasonable in scope and duration and geographic area, that you've been paid for
that period of time, and that you don't owe them, or they can
claim you owe them for training and all of that. But here's the thing.
Almost no one is given consideration or compensation for that period of time.
So if your contract simply says you can't do this for two years after you
leave us, it's almost useless because there's no payment for it. Now,
some contracts say a portion of what you're being paid is for the next two
years or for two years after you leave us, but even that is questionable,
so be aware that those kinds of clauses are hardly ever enforced. We
also had someone who signed a lease for six months and thought that it automatically
ended. Here's the point. It probably does if it doesn't say anything else.
But some of these leases for six months or a year have some stuff,
have some wording, and here's what it says something like this, if
we do not hear from you that you will be ending the lease within thirty
days, forty five days, or sixty days of this lease ending, it
automatically reverts month to month. So, in other words, even though it's
a six month lease, you must let them know if you're terminating and then
you leave. If not, it's true you no longer have that six month
lease or one year lease, but it will continue month to month. That's
very important. Don't assume that just because it's a six month lease you just
walk away in six months. This gets a lot of people in trouble,
and it's really weird. It's really weird how that can happen. Now,
another one Brandon sigleyan who's a tenant landlord attorney and he represents a lot of
landlords. Basically, he's saying, you have to be aware of a house
built twenty four dash ninety eighteen in Colorado. What this says is that now,
listen, this is really important if you're renting out anything, If you're
a landlord, even if you're only a landlord for one house, you're renting
out a house. You know a lot of people buy a house or two
to rent out. This is going to seriously affect you because this is called
just cause. The nickname is a just cause bill. This just cause bill
says this in essence that you must renew any lease unless you have just cause
not to. So. Really, then, if you have a year lease,
really it could be more than a year lease. If you have a
two year lease, it could be more than two years. If you have
a six month lease, it could be more than six months. In fact,
if you have a month to month lease, it could be more.
It could be ever forever unless you have just cause. And guess what,
just wanting to get your house back is not just cause. So this is
being considered by our liberal lawmakers in Colorado. And I mentioned that because that's
exactly what it is. It's a liberal move to help tenants. And that
is what progressives are known for. And by the way, I have something
to say about that. There's nothing wrong with having progressive laws and conservative laws,
depending on what you're talking about. When it comes to consumers' rights.
I love progressive some of the progressive laws, some of them are stupid,
like this one. But I'm going to tell you a progressive law I think
they should pass. But this one is to just cause law. And if
they are bill, and if it's passed into law, it's going to be
terrible. Landlords have to have just cause to get rid of tenants, and
then they have to prove it. Just cause would be lack of payment or
if you're moving into your home, or if they're a nuisance, but it
must be proven. So really, somebody just refuses to leave and says you
have to renew me, that's it. Then you have to prove you have
just cause. Think about that. Evictions are not going to be easy at
all. Now as long as the progressive or liberals in Colorado are making all
kinds of laws, they've criminalized things, they're helping tenants, They've done a
lot of things in their mind to help consumers. And I'm not saying that's
a bad thing in all cases, But why haven't they helped people living in
hoa communities. Why is it that every law that is brought up in our
liberal or progressive legislature is turned down when it comes to helping people in hoa
communities. Now HOA communities, big hoas and law firms and management companies would
usually be favored by conservatives. I mean, this is just historic. I'm
not talking politically here. I am, but I'm not. I'm not saying
one is bad and one is good. Usually conservatives will say, no,
I don't put any restrictions on these has and these big management companies. Let
free enterprise take over, whereas liberals would usually say people need protection from large
corporations and large has. But in this case, hoas and management companies,
they thrive in both a conservative and a liberal environment. They thrive they can
do anything they want, practically anything they want. So I think you have
to make it more on the residence side. People who live in condos and
town homes have to have more access to records without being charged ridiculous fees,
and they have to have a right to question expenses and all of that.
Now, obviously they have to pay their dues and all of that, but
there's got be a better mechanism for the exchange of information. Right now,
HA say, well, that's just the way it is. And if you
want to see the records. One HOA actually went so far as to say
it was going to cost eleven dollars. This is applewood. The HOA guy
says, oh no, if you want to see the records. It's going
to be eleven. Why can't you give online access to residents so they can
see the budget? What would be wrong with that? Who cares? I
mean, they have a right to see the budget. No, no grant,
grant you. I know a lot of owners they get pissed off when
their HOA does go up. I get that, but they should have a
right to see the expenses. There's nothing wrong with that. So these are
some of the things we've been discussing on the show. Deputy Doc has a
comment, Go ahead, Doc, what's going on? Hey Tom? Yes,
sir, I have two questions. If if that thing with the least
can does that allow the landlord to raise the rent or does it have to
have continuing the same rent. If so, it's just a sneaky way to
get rent controls into Denver the way they did in New York. Yeah,
except that's not the case in this case. I'll talk about it coming right
back. I'll tell you how they get around that. Three oh three seven
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Frank durand the real estate man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two him you know you're troubleshooter three
h three seven one three talks seven one three eight two five five. Can
we get Brandon Sigali and on by the way working on it? Yeah,
I have another question for him. Deputy Doc brought up something he said with
this just caused bill, if it goes into a law, it would say
that you must renew the lease. You must renew it unless you have just
caused not to. But does that mean you must renew it at the same
terms and conditions? And if so? Doc brings up a good point.
If you're paying let's say twenty five hundred a month and all the rent around
you is going up, I mean, does it mean we have rent control
now or does it just renew? And do you get to raise the rent
or does it have built in rent controls. Doc. I don't know the
answer to that. All I know is if a lease goes month to month,
you can raise rent under normal conditions, but I don't know what happens
with this new law. I'm going to try to get Brandon siglian On to
find that out. Good We got him. Bring him up, Brandon.
Thanks jem Listen, I have a question for you that somebody brought up,
Deputy Doc who works with us. So let's say this goes into law and
the just cause clause says the landlord must renew under a must renew the lease
unless they have just cause not to. So let's say somebody's renting a place
for twenty five hundred a month and it's the end of a year lease and
I do not have just cause I have to renew. Does that mean I
must renew for another year? And do I have to charge the same rent
or is there a limit to what I can increase. That's a good question,
Tom. It's a little bit nuanced and not quite clear in the law,
but yes, essentially, there can be just caused if you propose a
new lease at the end of the year and the tenant refuses to sign it.
But the terms have to be substantially similar, and you can't increase rent
for the purpose of getting around the law. So in other words, you
can't say I'm going to triple the rent that'll get them out. But that's
vague. I mean, is there an actual percentage limit to what I can
raise the rent or what No, sir, it just says or you have
you can't do it in retaliation. So what is an amount that's commercially reasonable
is unknown. See, this is going to cause a lot of lawsuits.
So Brandon, you're telling me that they will require landlords to renew leases.
Does it mean if it was a five year lease they have to renew it
for five years, or if it's a one year least, do they have
to do it for one year. It's not clear, but effectively the same
terms as the previous lease. So yes, having long term leases like that
would be very problematic as well as it's gonna be problematic for a landlord to
take any kind of risk analysis on you know, when to try to get
the lease to end. Like as you mentioned earlier, it's an unknown quantity.
You don't know when you're leasing to somebody how long they think they're going
to stay, because it's absolutely ridiculous. Yeah, I mean, it really
is absolutely ridiculous. Yeah, there's a lot of tenants and situations that you
can't prove as a landlord. It's tough to prove you've got drug activity,
but you can't prove it you've got you know, you've got legal chop shop.
I've got that. Cause those are tough cases for a landlord to prove,
and now they have to go to they're going to have to prove it.
They just can't wait for the least to expire to get about. Look
at I think that tenants need some protection from a landlord who's crazy that just
wants to make life difficult for people. But if you sign a one year
lease, it's a one year lease. I mean, I think it's unfair
to you know, I don't know. It just seems weird to me that
you're trying to tell people what to do with private property exactly. And that's
been one of the primary points that this is basically a taking of property and
it's an influence with the contractual rights of the parties to decide what they want
to do with their property. But this has been apparently tried in a few
states, in a few cities, and it's kind of the trend to go.
You know, my concern is affordability and availability. You know, I
have three kids on my own that I want to be able to afford the
rent and be able to find a place one day, and there's gonna be
a lot of landlords or to stay the heck with it. And once you
put all the all of the rentals in the possession of only a handful of
management companies, which is going on around the United States in the last decade,
a few companies have started to buy up all the rentals, then they'll
have the ability to just make the terms, you know, and the rents
will go up, the availability will go down, and you know, that's
just not actually good for tenants in the long run. Man, is this
crazy, Brandon? I mean, I don't know, you know, I
don't know what it's going to do to the market, but it's not going
to be good. Whenever you try to interfere with the free market, it
gets crazy. Now exactly. I'm surprised they didn't just come right out and
do rent controls. They have tried last session Governor Polis has made it clear
that he's not a strong supporter of rent control. They passed twelve bills last
session, and Governor pull has actually issued a little letter to cascaucas saying,
I see what you're doing here, a lot of new laws, but it
doesn't seem to help with affordability and availability. So maybe you need to kind
of go back to the drawing board. And I don't think they took his
took that to heart, but this just caused addiction, in my opinion,
as a precursor to rent control. They need this in effect in order to
effectuate rent control. Brandon, have you heard of this new thing in California?
Because you know as well as I do, what starts in California eventually
ends up in Colorado. I mean that has been the trend now for the
last fifteen years. Yeah, it's called yardsworth And I heard that one to
now you have I have not. Okay, here's what it is. Because
there's such a housing shortage. You know how everyone used to fight to keep
their neighborhoods to a certain level, certain size homes, certain numbers of homes,
a lot certain things right at unrelated parties living together all that's going to
hell. They're going to allow unrelated parties to live together. They're going to
let I mean as far as families more than three. They're gonna it's going
right now. The emphasis is on reducing homelessness. So in California they decided,
no matter what kind of neighborhood you're in in if you're in California,
you can subdivide your yard. This company comes in. Now listen, I
swear to God, this company comes in and sub divide your yard and make
if you have a backyard in a side yard that people can walk to,
they will sub divide your yard and pay you for it and then build a
tiny home on it. Think about that. They're allowing that. So you
could be in a neighborhood with big lots forget. It could be a neighborhood
of here's a big one, little one, big one, little one,
big, little, little, little, little big. It's called yardsworth.
People need to look at it. But I think that'll be coming here.
Keith has a question about this bill. Go ahead, Keith, what's your
question? Okay, Tom, I guess I'm confused. Is the bill about
rent control or is the bill about taking away a property owner's ability to actually
remove a tenant. I can't just so they're saying, I can't just end
someone's least. That's right. You have to renew it unless unless you have
just cause not to. Okay, what' isn't that right, Brandon? Cause?
Correct? And what are they considering just cause about? Just because I
don't want a renter in themore? I want to move back in now,
if you want to move back in, that's one of the allowables, right,
Brandon, it is. But it's again, you know, they made
it so complicated. If you if it is basically your only home, if
you have multiple perposes and you could move into another property, then they let's
say you'll move into your other property, don't move into the back to the
one that's been your family home for ten years or whatever that might be.
So it has to be a property on your driver's license to trailer go with
a sure thing Denver's Best Roofer Excel roofing dot com. You don't pay a
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now three oh 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.
Hi Tom Martino, your troubleshooter three o three seven one three talk three
oh three seven one three eight two five five. So let's continue. Gerald
has unclaimed property he wants to talk about. Go ahead, Gerald, Yes,
sir, you know I got a postcard back in twelve six of twenty
two that I had unclaimed property. I went ahead online. I filled out
all the papers the Department of Treasury Unclaimed Property. They have forums to fill
out. Who sent you the information? Who sent you the information? The
state? It was the state, because hold on, I don't know of
the state sending out information ever. But you got this from the state.
Yes, it's the State of Colorado, Department of the Treasury Unclaimed Property Division.
Wow. Okay, And so what did they say? How much did
they say you had coming n and fifty nine dollars and seventy one cents?
And where'd they say it came from? They didn't. I don't know how
they got it. I've got a small business, and Gerald, I'm very
I am very very surprised, I really am. Do you know, Dan,
you deal a lot with properties and stuff. I don't. I know
that treasure hunters send those out and take a percentage. But I've never heard
of the government tell from a cheet funds telling people to have money there.
Have you heard of that? I don't. I feel like I've been notified,
but it might have been one of the one of the ass that you
mentioned. Can you tell me do you have that notice there? Yes?
And it looks legit to you, right, Oh yeah? And in turn,
I went online and it does show that they owe me money. I
don't know how they got my check. It was from a job that I
did from Safeway, because I do work for Safeway food stores. Well,
it had to have been deposited, listen. It had to have been deposited
somewhere and left abandoned, and then it's transferred to as cheet funds with the
treasury. But but is there an account you might have closed and what happened
is the bank got the check after you closed it or shortly whatever you forgot
about it. Oh yeah, I did close one bank account, which I
think it was. And okay, well then that's what happened. So what
is your question about getting the money? I can't get it. I sent
all the paperwork and then they says, no, it doesn't go my TIN
number for my business. I had to go to the IRS to get a
paper showing that that is my number. Then I sent everything back to them
and I'm still waiting. This was back in November that I sent the new
How do you know it was a payment from Safeway? Well, it states
on here reporting company is Safeway Incorporated. Okay, here's what you do.
Go to Safeway and tell them and let them because if that was never cashed,
you get the money, right, so let them just take go ahead.
But Colorado says they have it. But I don't understand why you can't
get it. I mean, what is it is this business? Is it
made out to you personally or to your company? No, it's my company
name. Is your company still in business? Yes? And what do they
mean your PIN number is wrong? Uh? My taxpayer ID number? Oh?
Well is it wrong or right? No? I got the paper from
the IRS to show and that this is the right number, because I send
them a double but does the check make mention of a different number. No,
then what do they mean your pin your EI in number? It's your
EI in number I think you're talking about. They say it doesn't match their
records. Right, Well, no, I gave them my social security number
and they says no, they wanted my business number. So I hear EI
n right, Yeah, So I sent that to him and nobody to call.
There's nobody to talk to. I did go down to the office down
there on two hundred East Cofax, and there's a gal there that takes the
forms. I gave her all these forms and she says thank you. I
says, is there any way to check? Call the number? You call
the number and nobody answers. They just tell you to go online check and
it keeps saying the same thing. They're still waiting for information, and that's
all it says. Does it say what information? No? If you start
from scratch, If you start from scratch, what happens. Well, I
sent it in with my social Security number. It's not going to work.
They want your EI number. Yeah. Well, I send them a W
two with the EI number on it and I circled it in read to show
them and he says, no, they don't. They need more information.
Okay, your EI in number when you go online, and they ask when
you go online and start over and put in your EI in instead of your
social security not sending in a form and circling it, but doing it online.
Have you tried that? Well, it says that I'm putting in the
wrong information even when you put in your EI in number. Yes, okay,
I don't know. Why don't they have a phone person that will answer
to damn phone. Well, I'll tell you why. Because they can't afford
it anymore. No one has phone support anymore. I'm looking at the website
that says that they claim phone hours are from Tuesday to Thursday, from nine
am to three pm. They do have phone hours. I got to take
a break man hold on three oh three seven one three eight two five five
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two zero sixteen twenty two. I'm Martino here three three seven one three Talk
Jay. You have a comment on the Colorado give Back. This guy's having
a problem. But our attorney today, Dan McKenzie, found that they do
take phone calls on certain days, So Gerald, I'd recommend those days.
What's your comment, Jay, I think it's a big lie. The Great
Colorado give Back has never given anybody their money back. We you know,
we've tried to try to try to get our hitting stack just for laughs,
to see what it would take to get it back. We've been doing that
for fifteen years. Maybe wait a minute, Wait a minute, I've got
I've gotten money back from them. You've never gotten any money back. So
I send my wife things once in a great, great while. It says
when it comes from Colorado, it says how much it is. We've had
the minor guys, you know, send us at first money there, and
then we've had search through her social Security number and it comes up with there's
money there. But We've never been able to get it back. You know,
Jay, I'm going to look into this. Maybe we're going to get
someone from States and PR people. But Gerald, what are those calls?
Do you have those calls? If they were it was Tuesday to Thursday nine
to three Tuesday, Wednesday and Thursday nine am to three pm, Gerald,
they say they'll take your phone call. It's an automated call center that tells
you to go online or are you kidding me? Not try it? They
will not talk to you. There is no life person. God Almighty,
this is getting ridiculous. Listen, No, I've been doing this for almost
a year now, Okay, hold on. I just want to tell people
I got a lot of email about Grossman Wellness. Yes I am a patient,
and I just want you to know that it's a few hundred bucks a
month for everything. I just want you to know that Grossmanwellness dot Com two
hundred and forty nine to get your initial examine blood work with no obligation,
but you get a ton of information Grossman Wellness dot Com. Thank you Dan
mackenzie for being here. We appreciate it. He's at Coplans dot Co.