WEBVTT

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Yeah, ripped up news. You
need advice, so you don't have come

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running. Just as fast as we
can. Shooter's gonna help coming man.

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This is the Troubleshooter Show. No
Tom Martino. I'm Tom Martino. Welcome

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to the show. Three oh three
seven one three. Talk is our number.

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Seven one three eight two five five. You could also call three oh

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three Martino right now or twenty four
to seven and leave a message and we

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will get back to you. As
always, we have themes that I interweave

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through the show. This theme today
will be a state planning. But anything

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on your mind I want to know, give me a call. Don't let

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problems fester if someone lies you,
cheated you, or ripped you off.

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Another thing. There's some real estate
stuff going on I want to talk about

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with an attorney that we've known for
many years, Brandon Siglian and Brandon does

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a lot of real estate. So
here's the deal. I want you to

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call with any issues. This is
the town hall. This is the last

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bastion of free speech for I don't
mean for freespate. There's a lot of

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places you can do free speech,
but what I mean is the last bastion

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for discussing regular issues where I'm not
going to try to change your mind.

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I'm going to try to help you
see what I believe is the way to

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go for your problem based on the
many many years we've been doing this.

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And I want to bring up a
side note here, by the way,

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McKenzie. Dan McKenzie's here today because
I mentioned that Dan is we're talking about

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estate planning. He's an estate planning
attorney. We'll get him in a minute.

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Now, here's the bottom line.
A guy calls, I've been pissing

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people off a little here and there
over the years, and mostly I pissed

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people off when I tell them what
I believe is the truth based on my

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many many years of experience, and
they disagree. So yesterday we have a

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personal injury case. The guy calls
in and he says, frank A's are

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screwing me around he was hit by
a guy that was uninsured, has no

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money. I think he was uninsured, but let me look at his call.

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Anyway, he says, frank A's
are screwing him. Why is frank

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A's are screwing because he took the
case. It was Randy took the case

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that somebody ran a red light,
and now I said, Randy, you

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have to go to your own insurance
for injuries if this guy doesn't have insurance

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and his own insurance is only twenty
five thousand dollars in underinsured uninsured motorist coverage.

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Once a's looks into this, every
personal injury attorney, I'm not sticking

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up for Razar. I personally,
I wouldn't represent him. I don't think

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he does a great job over the
years, but I can't say he's crooked.

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But what I can say is this, when they examine the case.

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Every personal injury attorney, they might
do it before they take a case.

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Some take the case, then examine
it, then kick the case. But

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what they look at is they look
at where's the money. That's what everyone

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looks at. In a case without
damages or the ability to damages, you

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don't take a case. Asar kicked
the case because he saw that the other

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guy wasn't insured and that Randy only
carried twenty five thousand dollars in insurance.

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Nobody's gonna work for that. Randy
can probably get insurance limits on his own.

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They even told him to do certain
things himself. Randy's very upset.

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He wants to take the guy to
court and get a judgment and make the

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guy make payments over the years.
But since attorneys take these cases on contingency,

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they're not willing to go through all
the expensive court to sue the guy

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to get a judgment and do a
collection and then get part of their fee

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over five years or ten years.
They're not going to do it. Randy

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was very very upset with me when
I said, Randy, go after the

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guy directly. If you want get
a judgment and then go to collection,

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do it yourself. And he was
just pissed off. He writes a letter

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to management that personally I couldn't believe. I mean, he called me every

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name in the book. I mean, like every name. I'm trying to

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find it here, but it was
a terrible, terrible uh. And then

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in this letter he writes to management
about me. By the way, Tom,

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he also loved three voicemails for you
again with the same play him or

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are they dirty? No, they
are full of profanity, right, So

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he said, Tom is a piss
ass, this that and the other thing.

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MF and you know, so he
writes an email and then saying he's

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an a hole and that he's terrible, He's this. Then he challenges me

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to a boxing match. Okay,
this young man wants to box a seventy

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year old guy and kick his ass
because he's pissed off that I'm right and

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he's wrong. Did you ask Randy
to come back on? Because I truly

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believe that if Randy does have the
energy to sue this guy directly, even

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a small claims court, he might
be able to recover some damages with a

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judgment over years. But it's going
to take a long time. It's a

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very difficult thing to do. I
think one of the biggest problems in law

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is having people understand how damages work. You know, we hear about all

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of these big awards, but do
we hear about the collections. So he

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left three voicemails. Well this guy, you know, I hope it doesn't

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border on dangerous because I'll have him
arrested. I mean, I'm not gonna

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I'm not gonna sit here and take
the did he threaten us kit China?

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Did? Okay? I want to
get him on the phone if he wants,

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so. I left him a message. He did not answer, and

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I will keep at it. Yeah, I mean, I'm serious about this

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as far as helping him do When
I said to him, listen, I

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don't want to argue with you,
but if you want information on going after

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damage as I can help you.
But Frank Azar or any other personal injury

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attorney will not take the case.
They won't. They will not do it

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based on making someone make payments to
him because he's injured. I'm not denying

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his injuries. That's just life.
It's life. Now, I'm going to

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go to Brandon Signally, an attorney
at law. Brandon, you are concerned

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and emailed us, and I said, Brandon, come on the show man,

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Come on the show and tell us
what's on your mind and what people

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need to look out for. So
could you help us out, Brandon,

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what's happening that you feel people need
to know? Hey, Tom, I

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appreciate you having me on Goodmoring,
Sir. I am calling to sell on

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the alarm. As you know,
I've done a lot of landlord tenant law

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over the years, and yes,
you have something of a specialty of mine.

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Right now, there's a bunch of
landlord tenant bills that are pending.

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The last session they had passed a
whole host of them, twelve bills in

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fact in this area where there had
not been before, and that's been a

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problem we've been dealing with. But
right now they've got a bill that did

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not make it through last session.
It got timed out, essentially, but

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they're trying to get it past along
with some other bills. But this one

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is called a just cause eviction bill. They're taking testimony on it right now

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at the Capitol. It got out
of committee. Is this the particular law

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that you're concerned with? Is the
just Cause Bill? And it's in the

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House and it's commuted committee. I
got to go through the House and the

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Senate before it gets to the governor. But and what does the just Cause

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bill do? Who is it for? Who is it against? What do

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you think are the implications? Sure, so it's purportedly to help tenants,

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and in the short term, in
some of these situations, that certainly will

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be beneficial to tenants. The problem
I see is ultimately will create problems with

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availability of housing because it's going to
greatly affect small landlords, your mom and

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pop landlords, your single family home
availability, which in this market has been

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getting bought up by a few companies, and eventually it's just going to be

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a few companies that all own all
the single family homes and rent them out.

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Right, So, Brandon, why
tell me what this law does.

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Are you saying this law will discourage
mom and pops from renting out single family

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homes? Absolutely will implode the industry. Time. Here's what it requires.

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It basically prevents the parties from agreeing
on a move out termination date effectively,

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so in most cases, a landlord
will be forced to renew a tenant unless

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they have just cause to say I
want my property back. The just cause

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reasons are limited and complicated. They're
limited to situations. Wait, wait,

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they can't just say I don't want
to rent anymore to you, or my

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daughter's graduating college, I want to
rent to her. That's right, even

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if it's at term lease that says
it's going to end on a date certain

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That's what I'm talking about. I'm
not talking about eviction now, we're talking

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about renewing a lease. Right,
So your month to month tendancies will become

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a thing of the past. It
would be very difficult because you won't be

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able to just agree to a one
month and a landlord could never say I'm

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done. I need to move on. And so what this puts is this

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for apartments too, or just single
family homes. It's for apartments too.

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Now that's where I say, most
apartment complexes can probably manage through this stuff.

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It will be very difficult and will
cause massive frustration with tenants. And

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here's why. Okay, so hold
on. So I want to tell people

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what we're talking about. It's there
are a new law being considered by the

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ultraliberal Colorado lawmakers. Who's and the
reason I say that yesterday I said that's

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a good thing for certain things,
and it's a bad thing for certain things.

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I said that yesterday. For example, I think that they should take

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as much as much effort helping people
in Hoa's as they do tenants, because

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people in hoa as many are being
screwed. But let's talk about this.

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Brandon Signeian says, this bill,
the just Cause Bill, is basically saying

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you must renew a lease unless there
is just cause. Not to correct.

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The House bill is house built twenty
four dish one nine eight twenty four dish

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one zero. If anyone wants to
look at us, twenty four Dash nine

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zero one to eight. Yet twenty
four dish ones zero ninety eight. The

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just cause, like I said,
it would be, for example, if

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you are able to prove that they
have been habitually laid on payments, if

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you're able to prove that they have
caused nuisances or causing a nuisance, or

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if you're able to prove again that
you're trying to move back into your home

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or that you live in your home, or you need to do substantial repairs.

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Now, if you're going to do
substantial repairs and you say, well,

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I have to quit you so I
can fix the plumbing and I can't

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do it with you living here,
you have to actually give the tenant ninety

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days notice. Then you have to
give the tenant all information about the project

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you're doing. And then once they
move out, you have to give them

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the option to move back in.
This complicated stuff and how you prove a

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nuisance, proved that someone's creating a
nuisance, or whatever effectively makes puts pits

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everybody against everybody so well branded Basically, whether it's one year, two year,

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six month, one month, you
can't get rid of them unless you

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have just cause. You can't get
rid of them unless you have just cost

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on non payment would be just cause, right, that would be grounds for

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eviction. They've made it very maybe
more difficult to get evictions for nonpayment.

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But yes, those are so least
violations would be available to a landlord.

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But this is the problem Tom,
This notice to quit process where you say,

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on a month to month's senency,
you know we're going to be out,

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We're I'm going to term it your
lease and we have to move on.

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Or you have to say, well, I agree to a set term.

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We're going to have three hundred and
sixty five days and that's it no

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more. At that point, I
want to move on no longer. Can

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you do that? And now you
have to look for cause. Now you

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have neighbors against neighbors, landlords against
you. Hold on, Brandon, I

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have to take a break. I
want to come back. Can ask if

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people can opt out of it?
Can you make someone, can you sign

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a waiver, disclaimer whatever? And
we'll talk about that coming up. Three

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Alliance three oh three nine two zero
sixteen twenty two. I'm Tom Martino.

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You're a troubleshooter. We're going to
go to the phones right now three oh

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three, seven to one to three
talk. But I want to ask Brandon

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Siglian. Okay, you're a landlord. If this gets passed, and it

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probably will, you have to have
just cause or you must renew the lease.

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So can you put in the lease
any special conditions like I agree that

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I'm going to leave no matter what
if you want me to, or anything

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like that. I have an help
with Tom. No, parties can't contract

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on a date certain no longer if
this passes, exceptant. I don't want

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to complicate the issue too much,
but I said there are a few exceptions,

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for example, where the tenant wants
to, or the landlord is living

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in the same home with the tenant, or if it's short term leases it's

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less than thirty days, or an
employer employee related access re dwelling a unit

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or a tenant it's not, or
a person that's never been a tenant less

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than nine months in their life.
Those are some odd exceptions, but those

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are the only exceptions to this right
to contract. Do you think it's going

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to be passed? Is there any
hope of getting it not passed? The

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way it looked last session, Tom, is it was going to pass in

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the Senate. It timed out at
the last minute. They didn't have enough

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time to get it up for a
vote. But I don't think. I

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don't think landlords understand this, Otherwise
they might be their lobbying against it,

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And we do, Tom. We
have started to or they have started organized.

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There is some lobbying groups down there
today testifying on behalf. There's the

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red tell me where people go,
Brandon, if they're listening right now,

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they want to add their voice.
Where do they go? Yeah, if

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you want, you're going to want
to contact your legislators, your House representatives,

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and then your Senate if it gets
through. Let them know how you

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feel about this. Let Governor Polis
know how you feel about this and what

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would mean to the industry. You
know, if you can't amicably le de

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part ways, then everybody's going to
be fighting in court to get people out,

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and it's just going to make a
mess where everybody's going to be angry.

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Brandon, Thank you very much.
I appreciate that. And uh,

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can you give out your number please? Seven two zero nine hundred and four

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to seven nine eight. Thanks for
having me on, Tom, Thank you

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any help efforts people can get the
word out. Bring a green button if

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you go down to the Capitol today
show your support for landmarks. Thank you

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appreciate it. Three oh three seven
one three talk seven one three eight two

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five five. Tom, you're calling
about a follow up with mister appliance.

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I believe what's going on with you? Tom? Are you there? Tom?

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Well? He had a built in
Viking refrigerator spent sixty seven dollars in

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repairs, and they never they called
Promised Appliance who fixed it for forty seven

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hundred and ninety four. I said, listen, you got to get your

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money back from these people. He
just wanted to get the word out.

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But he has a follow up.
But he's not there. Is that true?

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He's not there right now? All
right. If he wants to come

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back, he can, But I'm
going to erase that right now and move

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on to Kim. Kim, welcome
to the show. What's going on?

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Kim? Come? So I sent
you guys an email and that's why I'm

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on the show. Actually, yeah, I have the email. But what

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so what's it all about? Kim? It's South Creek Town Homes, right

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So, we are having a meeting
on the thirteenth to over what they've come

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up with so far for the hell
damage. We are each looking at getting

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a sustin nowhere between twenty two and
twenty five thousand. This is happening all

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over all over Colorado. Yes,
I know, I know so so far

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supposedly, what they've only done is
gotten one bid because they said they had

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to get it into the insurance company
right away. I don't know if they

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only need to get one bid or
if they should get well, that's up

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to you guys. You're all you're
all part of it. I think they

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should get more than one bid.
Okay, Now why is it? Why

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are you being assessed so much?
Do they not have enough to cover now?

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And from what I was told in
December because I just moved here a

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year ago, is that back in
two thousand and eight when everything went bad,

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whoever was managing the HOA and stuff, they pretty much Willian Nelly with

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the money. So then they were
out of money completely. So that well,

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listen, listen, I know,
okay, listen, I don't.

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I'm not a great lover of hoa's, Okay, but this notion that the

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ha or Hoa's in general are wasting
money or pill for money, it's all

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bs. Okay. People are pissed
off because they have to pay assessments.

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Everyone's paying assessments, even people on
the board. No one's getting away with

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it. No one likes it.
So I don't think I don't eat.

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And let's put it this way,
do you want to know that the card

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truth even if the HOA board,
if they were stupid in spending money or

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did not collect enough money, you
would still have to pay the assessment.

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There's no way out of an assessment
if it's true. Now, the only

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00:19:33.119 --> 00:19:37.519
way there would be out of an
assessment. The only way out of an

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assessment is if the math is wrong
or they're cheating you, like they're going

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to Tahiti with the money. But
other than that, So, what can

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I do to help you? What
options I'm not trying to get out of

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00:19:52.599 --> 00:19:56.680
it? I have? Okay,
here are your options. If you have

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a certain certain homeowners' policies cover lost
damage assessment, but you must have it.

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It's and again a lot of people
think it just unlimits, and it's

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unlimited. It's not. Lost damage
assessment usually only covers about five grand.

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However, there are policies you can
get to cover up to thirty grand,

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but you have to pay for that
coverage. If you don't have it,

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00:20:22.480 --> 00:20:27.920
it's too late to get it.
So if you have it, more power

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to you. And those only cover
assessments for storms. Some do not cover

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roofing. They will cover you up
to thirty thousand, but they're small print

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00:20:37.880 --> 00:20:41.519
that says roofing, they only cover
you up to five thousand. So for

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anyone with lost damage assessment. The
next bit of complaints I'm going to be

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00:20:47.039 --> 00:20:52.079
getting is that it doesn't cover enough. You have to make absolutely sure it

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covers for roofing. So that's why
I always recommend Compass Insurance. Give them

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00:20:57.960 --> 00:21:02.880
a call. They will go over
it free of charge with you. And

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those are the people I would be
using. Three h three nine nine six

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nine thousand. Now let's talk about
Tom, Tom, Tom, can you

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give me a second hairt Yeah,
I'm talking to other people too. I

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just want you to know I will
answer every question you have. But but

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we're on the topic and every time
someone comes on, I get loads of

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questions. That's why I'm going over
each and every detail. But go ahead,

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00:21:22.960 --> 00:21:26.839
I'm sorry, go ahead, okay. So here the situation is this

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is that what they're telling us is
that if one of the options is is

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they'll get a big loan, and
with the loan, then we have to

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pay the loan off. So let's
just say I go ahead and pay my

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twenty five thousand dollars towards the assessment. Well, they're telling us that we're

284
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going to have to continue to pay
the interest on our HA dues because other

285
00:21:45.599 --> 00:21:49.400
people haven't paid theirs. Okay,
well, that would be unfair. In

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00:21:49.480 --> 00:21:56.799
fact, that would be impossibly unfair
if somebody doesn't pay it For the entire

287
00:21:57.079 --> 00:22:00.480
HOA to bear the debt would be
ridiculous. I mean, how stupid would

288
00:22:00.519 --> 00:22:07.240
that be if they're going to give
people If now, if they charge people

289
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interest, that's different. For example, let me get let me give you

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this. If the HOA as in
HOA, let's say they have to cover

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00:22:15.680 --> 00:22:21.720
three hundred thousand dollars in non payments. Okay, Now, let's say they

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00:22:21.720 --> 00:22:26.640
get a loan for three hundred thousand
dollars. What they should do if they

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00:22:26.680 --> 00:22:30.960
that is an HOA expense for everyone, Okay, the three hundred However,

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00:22:32.839 --> 00:22:37.519
they then go out to let's say
whatever, However many people there are that

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didn't pay. They go out and
then they those people have to pay back

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00:22:41.960 --> 00:22:48.839
the HOA with interest to cover that
interest. So the HOA isn't making a

297
00:22:48.960 --> 00:22:53.480
profit, but the HOA is not
paying for them either, So that would

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00:22:53.480 --> 00:22:57.839
be there would be nothing wrong with
that if that was the case. So

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00:22:57.960 --> 00:23:02.359
you just have to make sure they're
doing it correctly. So let's say,

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00:23:02.559 --> 00:23:07.720
and I use bad numbers, but
let's use these numbers. If three hundred

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00:23:07.799 --> 00:23:11.720
thousand was not covered. That would
be twelve homeowners not making their twenty five

302
00:23:11.759 --> 00:23:18.160
thousand dollars payment. Okay, So
if there are twelve homeowners not paying and

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00:23:18.240 --> 00:23:22.599
you guys take out a three hundred
thousand dollars loan, that three hundred thousand

304
00:23:22.640 --> 00:23:29.640
dollars loan is with interest and expense
of the HOA, then the HOA would

305
00:23:29.680 --> 00:23:34.119
go out and charge those twelve monthly
payments with the same interest to reimburse the

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00:23:34.279 --> 00:23:38.839
HOA. Does that make sense,
Yes, that's the way it works.

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00:23:40.839 --> 00:23:44.799
I also want to say that our
homeowners isn't looking to get leans on our

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00:23:45.200 --> 00:23:48.240
homeowners so good. Yeah, I
mean, I'm not against the ball.

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I think I think to be really
uncomplicated, they should take out a loan

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00:23:53.319 --> 00:23:57.039
for the entire deficiency. If they're
going to do that, to do it

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00:23:57.559 --> 00:24:04.559
like they're thinking about makes it very
complicated. Okay, but do you you

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00:24:04.599 --> 00:24:08.279
know it sounds to me like maybe
Kim, your HOA is listening. At

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00:24:08.359 --> 00:24:14.160
least you guys are all talking.
Yes, I mean it's I don't have

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any quorums about our HOA board members
at all, so I'm just trying to,

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you know, help us all out
and come up with them. My

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00:24:21.240 --> 00:24:26.160
god, I think, do you
know what the entire deficiency is? How

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00:24:26.160 --> 00:24:30.880
many homeowners are there? Two point
six million? Oh? My god?

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00:24:33.519 --> 00:24:41.359
Oh ouch, two point six million
deficiency. Yeah, I mean you have

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00:24:41.440 --> 00:24:45.920
the email, I said to the
email from our South quicktown Homes on what

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00:24:45.960 --> 00:24:49.519
they're looking at one hundred and eighty
four units, and you have to pay

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00:24:49.559 --> 00:24:56.160
ten percent for the deductible. Wait
wait, ten percent of the two point

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six I know. So now I
don't understand the numbers. So let me

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00:25:02.599 --> 00:25:06.440
explain the numbers are say and hold
on, it can't be. It can't

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00:25:06.440 --> 00:25:10.240
be two point six can't be the
deductible. It can't be. Can't be.

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00:25:10.400 --> 00:25:12.440
Yeah, they're saying that, Yeah
it is. You've got the email.

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00:25:14.400 --> 00:25:19.440
I the townhomes are worth forty five
million, will tell us that we

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00:25:19.519 --> 00:25:22.119
have to pay it. It would
come to ten percent, which is four

328
00:25:22.119 --> 00:25:26.079
point five. Then you go to
the depreciation and it comes to two point

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00:25:26.119 --> 00:25:32.480
six. Okay. I'm not a
numbers person, but that's what I've been

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00:25:32.519 --> 00:25:38.039
told. So it's not just the
deductible. They're only paying actual cash value.

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You know what. It sounds like
this place is very, very,

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00:25:41.759 --> 00:25:48.079
very mismanaged. But even and here's
what I tell people. Here's what this

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00:25:48.160 --> 00:25:52.440
is an amazing thing. I want
to say. Even if an HOA is

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00:25:52.559 --> 00:25:56.720
mismanaged, Listen carefully, you still
owe the money. Even if it's mismanaged,

335
00:25:57.240 --> 00:26:00.839
then you have to go after the
ones who miss managed it, and

336
00:26:00.920 --> 00:26:06.880
guess what happens They go bankrupt.
So when you're in an HOA, it's

337
00:26:07.000 --> 00:26:11.400
you're in a family. And unless
all of you have equal trust. People

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00:26:11.480 --> 00:26:15.400
don't understand this. Hoa's are putting
your trust in everyone else. It is

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00:26:15.559 --> 00:26:21.279
the worst situation in the world.
Based on what I know now about hoas

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00:26:21.599 --> 00:26:26.160
and management companies, I will never
own ever a condo or a town home

341
00:26:26.400 --> 00:26:33.119
in my life ever again. And
I believe people in townhomes and condos have

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00:26:33.279 --> 00:26:37.720
a terrible, terrible investment. It's
going to be akin to trailer parks in

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the future. That's how bad it's
going to be to own one of those.

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00:26:41.480 --> 00:26:45.480
And I don't care who you are. That's the way it is now.

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00:26:45.599 --> 00:26:48.559
I don't know what else to tell
you, but go ahead. Last

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00:26:48.640 --> 00:26:55.400
question. We were told that there
are only about three companies left in Colorado

347
00:26:56.079 --> 00:27:02.000
that will ensure town homes and condos. Is that almost correct? Yeah?

348
00:27:02.039 --> 00:27:06.960
There might be four or five.
Huh okay, if you want the truth,

349
00:27:07.079 --> 00:27:11.640
kim Compass Insurance Group. They do
big commercial and they do residential.

350
00:27:12.000 --> 00:27:15.599
They will answer your questions free and
they're not going to try to sell you

351
00:27:17.319 --> 00:27:19.839
a I am with them, I'm
talking to my agents with them. Why

352
00:27:19.839 --> 00:27:26.160
don't you ask them how many big
companies there are ensuring townhomes. They'll tell

353
00:27:26.160 --> 00:27:29.240
you. And by the way,
for anyone else who wants honesty three oh

354
00:27:29.319 --> 00:27:36.359
three nine nine six nine thousand more
coming right up, Go with a sure

355
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com. You don't pay a cent until

356
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357
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comparison, call Compass Insurance paying too
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358
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find out now three o three seven
seven to one help. You'll think you're

359
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his only customer when you choose Frank
durand the real estate Man dot com to

360
00:28:00.440 --> 00:28:07.559
list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

361
00:28:07.799 --> 00:28:11.880
Hi Tom Martino here. We got
a lot of calls I got to

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00:28:11.920 --> 00:28:15.960
get to and then we have Dan
McKenzie with us and I'm getting some texts

363
00:28:15.000 --> 00:28:19.680
from him for him on some will
issues. So Richard's got a question on

364
00:28:19.799 --> 00:28:22.480
non compete agreement. Richard, go
ahead, I'm going to get through these

365
00:28:22.480 --> 00:28:26.079
calls quickly, I promised Richard.
Go ahead. Hi Tom, thanks for

366
00:28:26.079 --> 00:28:30.720
taking my call. Yes, sir, by the way, let me tell

367
00:28:30.720 --> 00:28:33.799
you why I'm an expert at non
competes. My entire broadcast career is filled

368
00:28:33.839 --> 00:28:41.079
with them. Okay, got it. So what do you need to know?

369
00:28:41.960 --> 00:28:45.920
Okay? So I started working for
a firm probably fourteen years ago.

370
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About four years ago they made everybody
sign and non compete clause and with new

371
00:28:51.960 --> 00:29:00.359
ownership, and I'm reaching pretty close
to retirement, and I I have a

372
00:29:00.400 --> 00:29:03.799
difference in the way the company's going. What did the non compete say,

373
00:29:04.079 --> 00:29:08.200
Richard? What did it say?
Well, the basic one, you can't

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00:29:08.880 --> 00:29:12.519
do. I can't do what I
do for them for two years and others

375
00:29:12.519 --> 00:29:18.240
for any other company or you know. Let me ask you something is what

376
00:29:18.319 --> 00:29:25.960
you do in management? Yes,
well that's okay. Let me just give

377
00:29:25.960 --> 00:29:27.559
you the rundown. I'm not giving
you legal advice. I'm telling you as

378
00:29:27.559 --> 00:29:32.480
it pertains to me and how I
handle it. I was told and I

379
00:29:32.480 --> 00:29:37.880
can get my attorney on that.
Non competes. Non competes. I'm going

380
00:29:37.960 --> 00:29:41.440
to ask Dan McKenzie to stop on
too, he's an attorney. But I

381
00:29:41.480 --> 00:29:48.039
was told non competes only deal with
management with proprietary information, and if you

382
00:29:48.079 --> 00:29:52.359
go into another industry, obviously you
can do that. But also they can't

383
00:29:52.359 --> 00:29:59.200
restrict you from doing regular work ever, and even the ones with management have

384
00:29:59.319 --> 00:30:03.480
to be reasonable in time and scope. They can't say the whole world forever,

385
00:30:03.880 --> 00:30:06.559
and it has to be anyway.
Dan weigh in on that. Yeah,

386
00:30:06.640 --> 00:30:10.599
that's exactly right. They I think
they're the courts kind of lean against

387
00:30:10.720 --> 00:30:15.480
enforcing them because the obvious reasons that
they don't want to have people be not

388
00:30:15.559 --> 00:30:17.839
able to work. I mean,
obviously this is your job, this is

389
00:30:17.839 --> 00:30:21.200
what you're an expert in, and
so limitating it that way is a problem.

390
00:30:21.279 --> 00:30:23.279
Now they can be enforced, but
it is what you just said again,

391
00:30:23.440 --> 00:30:26.759
mainly management. Nobody's going to enforce
it against the worker. What kind

392
00:30:26.759 --> 00:30:33.920
of management do you do? Well, I covered the West region and they

393
00:30:33.920 --> 00:30:40.119
gave me the title. But ordinary
management it has to have proprietary stuff.

394
00:30:41.720 --> 00:30:45.559
Yeah, no, I mean there's
the prietary within their company. I mean

395
00:30:45.880 --> 00:30:49.200
their own clients that they have and
clients that I've gotten for them. But

396
00:30:51.599 --> 00:30:55.000
and you can and you can never
even if you didn't have an non compete,

397
00:30:55.000 --> 00:30:56.880
if you go after the clients,
they could try to get you on

398
00:30:56.920 --> 00:31:00.799
that. But mainly here they can
restrict you from clients. But what I

399
00:31:00.839 --> 00:31:04.880
want to know is this, what
is the scope of that non compete?

400
00:31:06.119 --> 00:31:11.359
Two years? Two years? Yes, what's the geographic area? Well,

401
00:31:11.400 --> 00:31:15.440
I'm in the West region from Colorado
to Hawaii? Basically did they say that

402
00:31:15.680 --> 00:31:23.839
Colorado to WAYI or do they say
any company they said? Well, I

403
00:31:23.839 --> 00:31:30.119
mean I cannot work for another consulting
firm within the expertise that I have.

404
00:31:30.680 --> 00:31:37.200
What expertise do you have? Elevator
consultant? I don't see how they can

405
00:31:37.240 --> 00:31:41.119
restrict that. I don't see how
they can. But that's just me talking

406
00:31:41.480 --> 00:31:47.519
Dan. What possibly do you know
that's proprietary that your company consults people with,

407
00:31:47.920 --> 00:31:52.200
like certain techniques or certain procedures that
other companies wouldn't. How first of

408
00:31:52.240 --> 00:31:56.000
all, I don't even know what
an elevator consultant does. I mean to

409
00:31:56.079 --> 00:32:01.880
me just as as an aside,
here, consultants, most consultants, you

410
00:32:01.920 --> 00:32:07.160
know, consult about things that people
couldn't figure out themselves. Do you tell

411
00:32:07.160 --> 00:32:08.799
people that the elevator goes up and
down? Or what? What do you

412
00:32:08.880 --> 00:32:15.480
do? Well? I make recommendations
like going and make sure that the elevator

413
00:32:15.519 --> 00:32:20.359
companies are doing what are contractually obligated
to do. If I never dreamed you

414
00:32:20.400 --> 00:32:22.880
would need a consultant for that.
But that's cool. I don't see anything

415
00:32:22.960 --> 00:32:27.880
what is proprietary. I mean,
you can go out and work for an

416
00:32:27.880 --> 00:32:30.319
elevator. I mean, I don't
even see how the hell they can say

417
00:32:30.359 --> 00:32:36.960
that's what's proprietary. Nothing, there's
nothing proprietary and what to do there?

418
00:32:37.279 --> 00:32:40.119
I think they're overreaching, But that's
my my amateur you know, kind of

419
00:32:40.319 --> 00:32:44.559
look at this. Yeah, I
mean that's like saying, Okay, they

420
00:32:44.599 --> 00:32:46.279
tried to do that and broadcast.
You can't. You can't. You can't

421
00:32:46.279 --> 00:32:50.559
be a reporter, well, bull
crap. I can't be a reporter,

422
00:32:50.920 --> 00:32:53.799
you know. I mean unless there's
something or you can't be a talk show

423
00:32:53.839 --> 00:32:59.039
host. Unless there's something proprietary,
they can't keep you from doing it.

424
00:33:02.319 --> 00:33:07.599
Go with a sure thing Denver's Best
Rufer excel roofing dot com. You don't

425
00:33:07.599 --> 00:33:14.559
pay a cent until you're content.
Time for an insurance check up free no

426
00:33:14.680 --> 00:33:20.599
obligation comparison call Compass Insurance paying too
much your coverage at dozens of insurance companies

427
00:33:20.680 --> 00:33:23.119
find out now three oh three seven
seven to one help. You'll think you're

428
00:33:23.160 --> 00:33:28.039
his only customer when you choose Frank
durand the real estate man dot com to

429
00:33:28.119 --> 00:33:36.839
list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

430
00:33:38.119 --> 00:33:44.960
Hi Tom Martino, you're troubleshooter three
O three seven one three talks seven

431
00:33:45.039 --> 00:33:52.519
one three eight two five five.
Okay, Now who do I have here?

432
00:33:52.559 --> 00:33:55.880
I have follow ups? I have
I have Richard, and Richard has

433
00:33:55.880 --> 00:34:00.359
that non compete. I have some
more information Richard. Okay, consulted some

434
00:34:00.559 --> 00:34:07.679
legal stuff off the air. Okay, listen carefully that you have to have

435
00:34:07.719 --> 00:34:13.360
trade secrets. It has to be
reasonable. You must have been given consideration

436
00:34:13.519 --> 00:34:15.880
for those two years. Did they
give you a raise or pay you for

437
00:34:15.920 --> 00:34:23.280
that? No? Okay? Also
did they train you? Especially? They

438
00:34:23.360 --> 00:34:28.840
might want to recover some expenses if
the new company that had you signed did

439
00:34:28.880 --> 00:34:32.000
that. And I'm telling you you
can talk to an employment attorney, but

440
00:34:32.039 --> 00:34:36.519
I don't think they can enforce it, go with a sure thing Denver's Best

441
00:34:36.599 --> 00:34:39.599
roofer Excel Roofing dot com. You
don't pay a cent until you're content.

442
00:34:44.000 --> 00:34:46.559
Time for an insurance check up free, no obligation. In comparison, call

443
00:34:46.679 --> 00:34:52.679
Compass Insurance paying too much your coverage
at dozens of insurance companies find out now

444
00:34:52.679 --> 00:34:55.559
three oh three seven seven to one
help. You'll think you're his only customer

445
00:34:55.559 --> 00:35:00.239
when you choose Frank durand the real
estate Man dot com to list your home

446
00:35:00.400 --> 00:35:10.679
with Remax Alliance three all three nine
two zero sixteen twenty two. Y'all rita

447
00:35:10.920 --> 00:35:19.559
you need so you don't have come
running just as fast as we can.

448
00:35:20.880 --> 00:35:28.000
Shooter's gonna help come Man Dix.
He is the Troubleshooter Show. No Tom

449
00:35:28.039 --> 00:35:34.519
Martino, Hi Tom Martino, Your
Troubleshooter three oh three seven one three talk

450
00:35:35.800 --> 00:35:39.239
seven one three eight two five five. Welcome to the show. We have

451
00:35:39.360 --> 00:35:43.920
a lot to talk about today,
so I better get to the calls.

452
00:35:44.320 --> 00:35:49.639
And I think Richard is done right. I've told Richard everything he needs to

453
00:35:49.679 --> 00:35:51.920
know. If he has another question, I'll take him. But I think

454
00:35:51.960 --> 00:35:53.920
he's done. I want to move
on. I'm Tom Martino. Dan McKenzie's

455
00:35:53.920 --> 00:36:00.920
with us COO Plans dot Co.
He is with Dan McKenzie mackenzie Law firm

456
00:36:01.239 --> 00:36:08.840
for estate planning. And also I
have Linda and Dean on from yesterday.

457
00:36:08.880 --> 00:36:15.000
I'd like to talk to and Linda
and Dean. Did they send us a

458
00:36:15.039 --> 00:36:22.480
picture yet of their unit? That's
a little difficult, but I was able

459
00:36:22.559 --> 00:36:24.960
to get one off of the internet
and am but how do we know it's

460
00:36:25.039 --> 00:36:30.119
okay? Did you get one that
had a pedestal? Yes? Did you

461
00:36:30.199 --> 00:36:34.000
send it to me? I will
do so right now, okay, And

462
00:36:34.079 --> 00:36:37.519
until I get that, let me
move on. I'll Linda and Dean hang

463
00:36:37.559 --> 00:36:38.760
on. I'll get right back to
you, okay, dear, just hang

464
00:36:38.800 --> 00:36:43.679
on. I'm going to go to
Sherry. Sherry, what's going on with

465
00:36:43.800 --> 00:36:50.320
your apartment deposit? Sherry? Okay? Yes, Well, my daughter and

466
00:36:50.360 --> 00:36:59.639
I are got involved in a lease, a six month lease in Wyoming Larmie.

467
00:37:00.079 --> 00:37:07.800
We secured the apartment in July of
twenty three, but the lease was

468
00:37:07.840 --> 00:37:13.320
to start the first of August.
Okay, so okay, that's fine,

469
00:37:13.400 --> 00:37:15.840
it doesn't matter. That's what matters. So you signed the lease to start

470
00:37:15.880 --> 00:37:22.039
August first, yes, okay.
My daughter moved in, which they understood

471
00:37:22.119 --> 00:37:27.280
she would not move intil rusby the
eleventh. It doesn't matter, None of

472
00:37:27.320 --> 00:37:32.000
that matters, okay, all right, And so then the lease was to

473
00:37:32.079 --> 00:37:37.039
go to January first, which then
she was paid up through the end of

474
00:37:37.159 --> 00:37:42.239
January of this year twenty four So
when in August did she move in?

475
00:37:44.079 --> 00:37:49.440
She moved in on the eleventh.
But when was it effective the first Yes,

476
00:37:50.360 --> 00:37:52.480
so August, September, October,
November, December, January. So

477
00:37:52.519 --> 00:37:58.280
it was a six month lease,
got it. Yes, This allowed them

478
00:37:58.440 --> 00:38:02.119
to also have extra to get their
persducts. So now, what what's going

479
00:38:02.159 --> 00:38:07.360
on now? They were it was
up in January. What's going on?

480
00:38:07.320 --> 00:38:13.559
Well, and my daughter turned the
key over the twenty fifth of January.

481
00:38:14.280 --> 00:38:20.760
But it was roughly on the fourth
of January that they notified my daughter,

482
00:38:20.880 --> 00:38:25.599
who then in turn told me we
needed to pay another month's rent because she

483
00:38:27.440 --> 00:38:31.880
my daughter, after she graduated in
December, asked if there was a possibility

484
00:38:32.079 --> 00:38:37.480
or a need to stay longer,
would they agree to a month to month

485
00:38:37.320 --> 00:38:42.920
Okay? So they said yes.
There was no contract for a month to

486
00:38:43.000 --> 00:38:51.159
month, nothing in writing. My
daughter then got hired on. She applied,

487
00:38:51.920 --> 00:38:55.559
went through interviews to come back to
Colorado, cherry, Cherry, I

488
00:38:55.559 --> 00:39:00.360
don't need to know any of that. What you're saying, is they that

489
00:39:00.519 --> 00:39:06.239
inquiry as a request to extend the
lease. Is that right? That's my

490
00:39:06.440 --> 00:39:09.840
understand Yes. Well did they get
that in writing or did they just talk

491
00:39:09.880 --> 00:39:16.480
about it? Okay? So the
lease does not say you have to let

492
00:39:16.559 --> 00:39:22.159
us know if you're extending or not
you must let us know. The lease

493
00:39:22.360 --> 00:39:28.679
automatically terminates. It has no wording
in it whatsoever that it reverts unless she

494
00:39:28.800 --> 00:39:35.280
lets them know. Because let me
tell you why. There are some leases.

495
00:39:35.719 --> 00:39:40.119
Listen carefully, please, there are
some leases that say this goes to

496
00:39:40.280 --> 00:39:46.079
January thirtieth or thirty first, whatever, it goes to January, and unless

497
00:39:46.119 --> 00:39:51.880
you notify us that you're leaving,
it will automatically revert month to month.

498
00:39:54.239 --> 00:39:59.119
Okay, So what does it say. It's all going to be a matter

499
00:39:59.239 --> 00:40:05.599
of contract. So if they don't
have any clause in there whatsoever where she

500
00:40:05.760 --> 00:40:10.960
had to let them know her intention, then she simply needs to sue them

501
00:40:10.960 --> 00:40:16.000
in small claims court for the deposit. Well, it's not just a closet,

502
00:40:16.199 --> 00:40:22.039
because the roughly the fourth of January, I'd have to look at more

503
00:40:22.079 --> 00:40:25.360
people where she's not a home.
You mean the fourth of February, you

504
00:40:25.440 --> 00:40:31.639
said, well, no, January, Okay, good January. She was

505
00:40:31.760 --> 00:40:37.360
notified by another tenant who is the
daughter to the owner of the property.

506
00:40:37.920 --> 00:40:45.840
She was notified my daughter that she
was laid on her payment, which was

507
00:40:45.000 --> 00:40:53.639
not true because in the beginning we
paid first last month and deposit in one

508
00:40:53.679 --> 00:41:00.119
big check. Okay. So they
were saying she was late on paying her

509
00:41:00.920 --> 00:41:05.119
for rent. And this is I'll
tell you why, Okay, Sherry.

510
00:41:05.960 --> 00:41:10.079
They're saying that because they did not
believe it ended at the end of January,

511
00:41:10.920 --> 00:41:16.239
so they did not consider it the
last month. Listen. Without seeing

512
00:41:16.280 --> 00:41:21.159
that, without seeing that lease,
we can't tell you any more than that

513
00:41:21.159 --> 00:41:27.400
that landlord. That landlord is contending
that she had more than a six month

514
00:41:27.519 --> 00:41:30.400
lease, that it continued after that
unless she let them know. That's what

515
00:41:30.440 --> 00:41:36.159
they're saying. And you're saying,
no, it ended, and therefore you

516
00:41:36.280 --> 00:41:39.000
wanted them to use the last month
rent from your last month payment, which

517
00:41:39.039 --> 00:41:43.800
they should, but they're not considering
it the last month. It's pretty clear

518
00:41:43.840 --> 00:41:49.039
that you two have a very clear
misunderstanding, and that's why I'm going to

519
00:41:49.079 --> 00:41:53.079
say this again. You have to
go to the original lease and carefully analyze

520
00:41:53.400 --> 00:42:00.119
the termination clause and then you sue
them in Small Thames Court for whatever they

521
00:42:00.159 --> 00:42:02.719
collected from you. I don't know
what they're keeping, I mean right now,

522
00:42:04.199 --> 00:42:07.199
what are they doing? She's out? What are they coming after her

523
00:42:07.199 --> 00:42:12.760
for? Well, they have it
come after for a meaning they're withholding.

524
00:42:13.000 --> 00:42:16.519
So it's what are they withholding?
They should withhold on. You already paid

525
00:42:16.559 --> 00:42:21.920
the first month and you paid the
last month, right or did she did?

526
00:42:21.960 --> 00:42:27.840
She get scared and paid January twice? I paid it again thinking it

527
00:42:27.960 --> 00:42:30.320
was for February if she needed to
be in this Okay, Well, then

528
00:42:30.360 --> 00:42:35.760
you guys, in my opinion,
you extended the lease by doing that.

529
00:42:35.800 --> 00:42:38.280
You've in has since told them you're
extending the lease. So what are they

530
00:42:38.280 --> 00:42:43.559
withholding from you right now? Exactly? What are they withholding? Well,

531
00:42:44.079 --> 00:42:52.199
the the eight and seventy five for
rent one month and then because they're going

532
00:42:52.239 --> 00:42:58.719
to get someone in there to shampoo, but they're going to take a third

533
00:42:59.079 --> 00:43:02.280
of her eighth seven twenty five depontits. So I got it, okay,

534
00:43:02.360 --> 00:43:07.880
I get it. So really in
dispute right now. I think they're being

535
00:43:07.960 --> 00:43:12.400
fair by cleaning the carpets and giving
back the rest of the eight seventy five.

536
00:43:12.840 --> 00:43:15.519
The only thing at dispute right the
only thing in dispute right now is

537
00:43:15.559 --> 00:43:21.199
whether or not you owe for March. I think you sent them mixed signals.

538
00:43:21.440 --> 00:43:25.760
Here's why she inquired about extending in
December, and then you went ahead

539
00:43:25.760 --> 00:43:32.239
and paid for March. You should
have said on January fourth when they wanted

540
00:43:32.239 --> 00:43:37.960
the rent, no, you have
the last month's rent and we're not staying.

541
00:43:37.239 --> 00:43:43.559
But you didn't. You paid the
rent and you assumed it was for

542
00:43:43.840 --> 00:43:47.280
whatever you assumed. I don't know
what you assumed, but you gave miss

543
00:43:47.320 --> 00:43:51.920
mixed signals. It's not as black
and white as you think it is.

544
00:43:52.280 --> 00:43:55.920
I'm telling you that from an objective
viewpoint. Here. Now, am I

545
00:43:57.039 --> 00:44:00.519
thinking that they should keep your money? No, not necessarily, But it's

546
00:44:00.599 --> 00:44:07.000
not as cut and dry as you
said. You said the lease clearly ended

547
00:44:07.280 --> 00:44:10.679
in January or at the end of
January, and if it did, then

548
00:44:10.760 --> 00:44:15.960
she should have simply said to them, no, we're not paying for January.

549
00:44:15.039 --> 00:44:19.960
You already collected for it. Instead, you wrote them another check.

550
00:44:20.360 --> 00:44:25.360
So they're thinking, Okay, she
does want to extend. Okay, that

551
00:44:25.440 --> 00:44:29.840
makes sense. So what you have
to say to them is there was a

552
00:44:29.880 --> 00:44:34.880
misunderstanding she didn't stay for February.
Listen, this is going to be a

553
00:44:34.880 --> 00:44:38.800
battle. But the lease will say
at all. If the lease does not

554
00:44:39.079 --> 00:44:46.320
require any kind of a notice,
then I would take them again to small

555
00:44:46.320 --> 00:44:52.360
claims court and I would sue for
the balance that they kept. That's what

556
00:44:52.400 --> 00:44:55.280
I would do. I would leave
the carpet cleaning alone. I wouldn't get

557
00:44:55.320 --> 00:44:59.719
into the weeds there. I'm Tom
Martine three three seven to one to three

558
00:44:59.760 --> 00:45:04.239
talk seven one three eight two five
five Frank durand the real estate Man dot

559
00:45:04.239 --> 00:45:07.800
com. Listen, Frank, how
do I put this? He's the best.

560
00:45:07.840 --> 00:45:09.119
That's all there is to it.
Okay, he puts more money in

561
00:45:09.159 --> 00:45:12.719
your pocket, and he does it
quicker than anyone. That's what he does.

562
00:45:12.880 --> 00:45:15.119
Bottom line. If you call Frank, he'll do a free analysis of

563
00:45:15.159 --> 00:45:17.679
your home, what it will sell
for, what you'll clear, and what

564
00:45:17.719 --> 00:45:22.679
you can buy and all of that
is complementary. Three oh three nine two

565
00:45:22.800 --> 00:45:31.800
zero steam twenty two durand the real
estate Man dot com. Go with a

566
00:45:31.840 --> 00:45:36.840
sure thing, Denver's best roofer Excel
Roofing dot com. You don't pay a

567
00:45:36.960 --> 00:45:44.199
cent until you're content. Time for
an insurance check up free, no obligation.

568
00:45:44.239 --> 00:45:47.679
In comparison, call Compass Insurance paying
too much your coverage at dozens of

569
00:45:47.719 --> 00:45:52.679
insurance companies find out now three oh
three seven seven to one help. You'll

570
00:45:52.719 --> 00:45:55.559
think you're his only customer when you
choose Frank durand the real estate Man dot

571
00:45:55.559 --> 00:46:06.880
com to list your home with Remax
Alliance nine two zero sixteen twenty two.

572
00:46:07.239 --> 00:46:12.480
Hi Tom Martine, your troubleshooter three
oh three seven one three talks seven one

573
00:46:12.519 --> 00:46:17.199
three eight two five five. Glynda
and Dean called. They're a couple in

574
00:46:17.239 --> 00:46:21.280
their nineties. They moved from one
apartment to another and they think they got

575
00:46:21.320 --> 00:46:23.760
screwed by the mover and it's probably
too late to do anything about it.

576
00:46:23.800 --> 00:46:28.559
They paid more than was promised.
But what they're really upset about. One

577
00:46:28.559 --> 00:46:35.880
of their main problems they talked about
was he broke their their bows acoustic wave

578
00:46:36.079 --> 00:46:42.519
radio with CD player and pedestal and
remote. So, Linda and Dean,

579
00:46:43.760 --> 00:46:45.960
when you say it's broken, I
just want to explore this for a minute.

580
00:46:47.079 --> 00:46:52.039
It just doesn't turn on at all, or what what's going on?

581
00:46:52.159 --> 00:46:55.880
No, it does not turn on
and it makes no shown whatsoever. Oh

582
00:46:55.960 --> 00:47:01.880
girl, it's the whole inside when
they apparently when it was dropped when they

583
00:47:01.920 --> 00:47:07.960
were loading it. They must have
dropped it because the base got all cracked

584
00:47:07.679 --> 00:47:13.960
and the components inside the radio are
all along. Okay, wrong, I

585
00:47:14.000 --> 00:47:20.360
mean, I'll talk to two regio
repair men. They said, very repairable.

586
00:47:21.159 --> 00:47:30.239
Okay, okay, So I want
you to leave your address with Kachina

587
00:47:30.320 --> 00:47:38.079
here and we're going to send you
on. And they don't make them brand

588
00:47:38.159 --> 00:47:45.000
new, but we can find a
refurbished one. Okay, yeah, okay,

589
00:47:45.039 --> 00:47:47.119
So let me repeat to my husband. He can find a refurbished one

590
00:47:47.119 --> 00:47:55.639
because they don't make him anymore,
won't models? Right? Yes, but

591
00:47:55.719 --> 00:48:01.760
I can find one just like it, a beige with a pedestal. Yep,

592
00:48:02.079 --> 00:48:09.199
Yes, we can find one.
And by the way, we just

593
00:48:09.239 --> 00:48:13.280
want to do this for you because
we feel bad for you, and I

594
00:48:13.320 --> 00:48:19.039
don't think we'll get anything from that
crappy moving company. Oh may I say

595
00:48:19.119 --> 00:48:25.679
something? Yes, we still see
the picture of the new radio from both

596
00:48:27.519 --> 00:48:31.840
and they look the same exactly.
Well it's not, but okay, okay,

597
00:48:32.199 --> 00:48:37.679
So how much is the new one
from Bose? There was a fifteen

598
00:48:37.840 --> 00:48:44.880
hundred. Yeah, so this one
that you have, how old is it?

599
00:48:46.280 --> 00:48:52.960
It? Was guided in nineteen ninety
seven. It's been in wonderful condition

600
00:48:52.119 --> 00:48:58.559
all these years. We cherished that
radio. Okay, listen, I can't

601
00:48:58.599 --> 00:49:00.480
promise you. I mean, I'll
look at the new one. But here's

602
00:49:00.519 --> 00:49:05.760
the problem with that. I don't
think it's going to have the same simple

603
00:49:05.840 --> 00:49:09.280
functionality as your other one with the
CD player. I mean, I hesitate

604
00:49:09.360 --> 00:49:14.320
to get you something. They're just
not making that radio anymore, and I

605
00:49:14.440 --> 00:49:19.480
hesitate to give you, guys in
your nineties, something brand spanking new that

606
00:49:19.559 --> 00:49:22.599
you haven't had before. I mean, I'm not saying you're stupid. You're

607
00:49:22.639 --> 00:49:27.280
not. But if you want to
replace exactly what you have, that wouldn't

608
00:49:27.320 --> 00:49:30.679
be difficult. In fact, it'll
be much newer than the one you have,

609
00:49:30.800 --> 00:49:35.159
but it won't be the brand new
one with the MP three and all

610
00:49:35.199 --> 00:49:37.480
of that. I mean, I'm
just that, That's all I'm saying.

611
00:49:37.800 --> 00:49:43.000
So you guys think over it.
I replied to what you just said.

612
00:49:43.519 --> 00:49:47.800
Okay, go ahead, sir.
We don't expect to have that radio re

613
00:49:49.400 --> 00:49:54.760
as such because they don't make anymore. They make a different version, right,

614
00:49:55.119 --> 00:50:00.280
Okay, Okay, even though it's
no like the same puts a different

615
00:50:00.400 --> 00:50:07.519
version and they're not really looking to
replace it one percent. No, well,

616
00:50:07.519 --> 00:50:10.280
we want to buy you one.
We will get you a really nice

617
00:50:10.280 --> 00:50:15.199
one, a really nice one,
like totally refurbished. But that's up to

618
00:50:15.239 --> 00:50:19.360
you. You guys decide if you
want that or not. And we'd like

619
00:50:19.480 --> 00:50:23.039
to do that for you because just
because, okay, I feel bad for

620
00:50:23.079 --> 00:50:28.199
you that you got taken advantage of. I think it's terrible that you were

621
00:50:28.239 --> 00:50:32.320
taken advantage of. But again,
we uh, we want to do this.

622
00:50:32.719 --> 00:50:37.760
Then we want to help you.
Like the cuckoo clock, man,

623
00:50:37.800 --> 00:50:42.239
there's nothing we can do about that. That's an expensive thing. You're sure

624
00:50:42.280 --> 00:50:45.239
that they picked up a cuckoo clock
for you, right? That was a

625
00:50:45.360 --> 00:50:50.639
seven foot clock they took and never
delivered it. No, it was not

626
00:50:50.800 --> 00:50:57.039
a seven foot clock. It was
a probably one and a half to two

627
00:50:57.039 --> 00:51:01.159
feet high. Oh okay, now
that was vintage though. That was an

628
00:51:01.199 --> 00:51:07.599
antique right? No? No,
not empty, No, it wasn't.

629
00:51:07.159 --> 00:51:12.039
Are they available? Are they?
Have you looked for replacements on those?

630
00:51:12.119 --> 00:51:17.119
If you want to go after this, mover sure available in Germany. You

631
00:51:17.239 --> 00:51:28.239
can read on the website how much
about six dollars? Okay? Can you

632
00:51:29.039 --> 00:51:31.119
can you try to send me a
link on that or where I can find

633
00:51:31.159 --> 00:51:42.760
it, a link of prequel clock
where we can find it. Well,

634
00:51:42.880 --> 00:51:45.280
yeah, well we'll have to send
it to you, but I eventually I

635
00:51:45.320 --> 00:51:49.519
will need where to send it.
Tom. That's not only the issue,

636
00:51:49.559 --> 00:51:52.280
but you know, since that this
all happened, this guy moved us.

637
00:51:53.559 --> 00:51:59.119
We've been in touch with the Attorney
general. Yes, good, Secretary of

638
00:51:59.199 --> 00:52:04.119
State, the better, good good, and nobody seems to be able to

639
00:52:04.159 --> 00:52:07.119
do anything. They just know.
Hold on, hold on, what when

640
00:52:07.199 --> 00:52:10.840
you say they're not able to do
anything, that's exactly right. They're not

641
00:52:10.880 --> 00:52:15.719
going to go after them and sue
them or do anything because they're just no

642
00:52:15.760 --> 00:52:19.760
one is equipped to do that directly. What they do is I mean?

643
00:52:20.400 --> 00:52:24.599
And and unless they got multiple complaints, they won't go after him for fraud.

644
00:52:24.880 --> 00:52:29.280
You don't have proof. Here's the
problem. We have none. None

645
00:52:29.320 --> 00:52:31.760
of this. We do we have
proof about I'm gonna have one of our

646
00:52:31.800 --> 00:52:37.880
people call. I'll have I'll have
Uh, let's see if is dollar in

647
00:52:37.920 --> 00:52:44.320
the studio today? Let's let's have
you call over to the mover and pressure

648
00:52:44.360 --> 00:52:45.639
them. Is he in the studio
or not? Is he? Yes?

649
00:52:45.719 --> 00:52:51.559
Yeah? Hold on, We're gonna
have one of our people call and then

650
00:52:51.599 --> 00:52:55.480
we'll make every attempt to replace that
CD with a better one that has the

651
00:52:55.519 --> 00:53:01.480
same kind of functionality and can it
would be really really good. I know

652
00:53:01.559 --> 00:53:05.920
they don't if they could just snap
a picture of that. If not,

653
00:53:06.119 --> 00:53:09.679
I understand. But anyway, three
oh three seven, one, three eight

654
00:53:09.800 --> 00:53:15.880
two five five, Deputy Chopper has
some follow ups. Let's take at least

655
00:53:15.920 --> 00:53:20.880
one right now before the break.
Chopper, what's going on? Do you

656
00:53:20.920 --> 00:53:23.360
have your diner ready? Yeah?
Oh yeah, I'm gonna get my dinger

657
00:53:23.400 --> 00:53:28.639
ready. Tell me why? Well, you remember, I think it was

658
00:53:28.719 --> 00:53:34.639
last week we got a call on
the North Washington Dental. They owe a

659
00:53:34.679 --> 00:53:39.679
couple three and twenty five dollars I
yeah, the office manager. Yeah,

660
00:53:39.760 --> 00:53:44.119
and they promised they would stand it
out. Well guess what they did.

661
00:53:44.159 --> 00:53:50.840
What's it? So? Did they
get the money? Yes, they got

662
00:53:50.840 --> 00:53:58.400
the money from uh North Washington Dentalds
and everything's okay. Yes, sir,

663
00:53:58.599 --> 00:54:00.239
you got the dinger. We have
more are coming right up. Hold on

664
00:54:04.719 --> 00:54:07.960
go with a sure thing Denver's best
roofer Excel roofing dot com. You don't

665
00:54:08.000 --> 00:54:15.960
pay a cent until you're content.
Time for an insurance check up free no

666
00:54:15.039 --> 00:54:20.960
obligation. In comparison, call Compass
insurance paying too much your coverage at dozens

667
00:54:21.000 --> 00:54:23.679
of insurance companies find out now three
oh three seven seven to one. Help.

668
00:54:23.840 --> 00:54:28.400
You'll think you're his only customer when
you choose Frank durand the real estate

669
00:54:28.440 --> 00:54:31.880
man dot com to list your home
with Remax Alliance three oh three nine two

670
00:54:31.960 --> 00:54:43.800
zero sixteen twenty two. Hi,
Tom Martino, your trouble shooter. Three

671
00:54:43.880 --> 00:54:47.840
oh three seven one three talk three
oh three seven one three eight two five

672
00:54:49.039 --> 00:54:55.280
five. Let's talk whatever is on
your mind. Let's do what it takes

673
00:54:57.039 --> 00:55:00.440
to make your life a little easier. We have Dan mc with us.

674
00:55:00.440 --> 00:55:02.800
I have a question Dan Dan McKenzie, by the way, he is an

675
00:55:02.800 --> 00:55:07.480
attorney at law that does the state
planning. And someone wants to know if

676
00:55:07.519 --> 00:55:12.880
they have a trust, do they
also need a will? I think they

677
00:55:12.920 --> 00:55:15.880
do right? Or what you should
have a will? What does the will

678
00:55:15.920 --> 00:55:19.559
do? The will directs anything that's
not in the trust, and usually there's

679
00:55:19.559 --> 00:55:22.880
at least a few things outside the
trust that need some you know, like

680
00:55:22.920 --> 00:55:25.280
your cars usually are not in the
trust. But if you did have a

681
00:55:25.320 --> 00:55:29.239
complete trust, you would say in
the will see the trust, right,

682
00:55:29.280 --> 00:55:31.480
that's pretty much always what it says. Yeah, sake, anything that was

683
00:55:31.480 --> 00:55:34.559
not in the trust when I passed
away, put it in the trust,

684
00:55:34.679 --> 00:55:37.679
not the trust directory it goes.
That's kind of a backup. But when

685
00:55:37.719 --> 00:55:39.320
you have a trust, you're trying
to put stuff in as much as you

686
00:55:39.440 --> 00:55:43.440
can in the trust during your lifetime. Somebody else has a question. We'll

687
00:55:43.440 --> 00:55:46.280
get to on privacy. You can
be thinking about that. That's Seal Plans

688
00:55:46.320 --> 00:55:51.920
dot Co Dan McKenzie. Let's go
back to Chopper. He got money back,

689
00:55:52.119 --> 00:55:55.400
man, a lot of money back. That's wonderful, Deputy Chopper that

690
00:55:55.440 --> 00:56:00.880
you got that money back for that
guy. It was Anthony believe. And

691
00:56:00.159 --> 00:56:05.800
so tell me what else is going
on, sir, Well, I want

692
00:56:05.800 --> 00:56:09.480
the listeners to know how good you're
referral list. If I have a shout

693
00:56:09.480 --> 00:56:15.000
out, can I give it?
Tom? Yeah? Absolutely, Okay.

694
00:56:15.199 --> 00:56:21.760
I had a like a baseball sized
dent on a car, got two quotes

695
00:56:22.199 --> 00:56:24.320
in Parker, and then I realized, hey, we probably have someone.

696
00:56:24.800 --> 00:56:30.360
I checked our referral list and we
have Rocky Mountain Dent Service. Yes,

697
00:56:30.440 --> 00:56:36.280
I went down there. These people
are craftsmen. They're the nicest three guys

698
00:56:36.360 --> 00:56:38.960
I've ever had work on my car. They did a great job, Tom

699
00:56:39.480 --> 00:56:43.840
Good. That's good to know.
Man, that's really good. Okay,

700
00:56:44.119 --> 00:56:46.119
any other updates or follow up or
if you have time, all right,

701
00:56:46.199 --> 00:56:52.039
go ahead. I have one Mark. Yes, remember last week we had

702
00:56:52.119 --> 00:56:58.360
a almost two calls in a row
on choice homew warranty on refrigerators. God,

703
00:56:58.400 --> 00:57:01.360
I can't stand home warranty. Yeah, what about it? I know

704
00:57:02.000 --> 00:57:06.159
I noticed that. Well, the
first one did get a credit card and

705
00:57:06.239 --> 00:57:09.199
the second one after they were on
our show and I poked the bear,

706
00:57:09.719 --> 00:57:15.119
the repair guy did go on out
and ordered parts. So I guess they're

707
00:57:15.360 --> 00:57:20.519
living up to their well so far
there. Let's see if they actually fix

708
00:57:20.599 --> 00:57:23.079
it. So thank you for that
though, And I'm going to withhold my

709
00:57:23.199 --> 00:57:28.320
dinger until we see if they actually
fix it. That's Deputy Chopper. And

710
00:57:28.360 --> 00:57:31.360
then of course we have and we
have no I'm not doing the dinger right

711
00:57:31.360 --> 00:57:35.199
now, so Deputy I just put
the dinger away. That's what that was,

712
00:57:35.280 --> 00:57:38.039
right, okay. And then we
have a Deputy Doc and Deputy Dollar.

713
00:57:38.079 --> 00:57:43.280
We have them all on duty today. All right. Now, let's

714
00:57:43.280 --> 00:57:49.960
go to that follow up with Ernest. Ernest has a follow up, and

715
00:57:50.880 --> 00:57:54.519
you have a Chevy Equinox you're calling
about. So this was Red Automotive.

716
00:57:54.679 --> 00:57:59.280
I remember this, Earnest. Let
me go to your call here, and

717
00:57:59.519 --> 00:58:06.239
it's a two twenty thirteen. This
was really outrageous. Two thousand miles after

718
00:58:06.320 --> 00:58:09.679
they did some work, you got
this noise and and it turns out,

719
00:58:09.920 --> 00:58:15.679
basically, bottom line is the timing
chain broke that they put in internal engine

720
00:58:15.760 --> 00:58:20.880
damage. And I said, look, you need to get this checked out

721
00:58:20.960 --> 00:58:23.280
by someone we trust. We don't
know what, we don't know who's right,

722
00:58:23.320 --> 00:58:27.880
who's telling you the truth. But
one thing I would not do is

723
00:58:27.960 --> 00:58:34.239
I said I would not authorize repairs
until I knew of the block was good

724
00:58:34.400 --> 00:58:38.400
or bad. Because if that block
was damaged, as the first Chevy dealer

725
00:58:38.480 --> 00:58:44.159
said, you do not want to
spend two thousand dollars on that car only

726
00:58:44.199 --> 00:58:47.239
to turn around and spend another five
on the block. So what happened,

727
00:58:47.360 --> 00:58:52.800
Ernest? You told them to stop
the repairs and then what Well, as

728
00:58:52.800 --> 00:58:55.719
soon as you told me that,
and it made a lot of sense,

729
00:58:55.760 --> 00:59:00.960
I called them and the gentleman said
they haven't even pulled it in the start

730
00:59:00.039 --> 00:59:02.519
yet. They was going to pull
it in either in the afternoon or this

731
00:59:02.679 --> 00:59:07.559
morning. I said, perfect,
you do not do any repairs. It's

732
00:59:07.599 --> 00:59:13.800
not authorized right now, and he
agreed. I mean I stopped him,

733
00:59:14.119 --> 00:59:17.199
But did you tell him why you
wanted to stop? Yes, Sir,

734
00:59:17.519 --> 00:59:22.559
I told him why and he said
he said, well, the car seems

735
00:59:22.599 --> 00:59:28.719
to be running perfectly, and but
he like again he doesn't know. Okay,

736
00:59:28.760 --> 00:59:30.599
what we have to figure out is
this, Ernest, here's your next

737
00:59:30.599 --> 00:59:38.519
step. How did that first Chevy
dealer determine that the block was cracked?

738
00:59:40.599 --> 00:59:45.360
Well, I'm not going to say
he said cracked, but he said in

739
00:59:45.440 --> 00:59:50.519
bad shape. I don't even know
what that means. There's no such thing

740
00:59:50.519 --> 00:59:52.280
as a block being in bad shape. A block is a block, is

741
00:59:52.280 --> 00:59:57.280
a block is a block. So
I don't even know what bad shape means.

742
00:59:57.360 --> 01:00:00.079
What does it mean? What the
can did? He said, the

743
01:00:00.159 --> 01:00:07.559
cam broke in the block and so
and it caused damage. Well, hold

744
01:00:07.599 --> 01:00:10.559
on, did they did they take
the engine apart to look inside it?

745
01:00:12.719 --> 01:00:15.840
The first one they had to?
I'm like, Tom, well no,

746
01:00:15.920 --> 01:00:20.400
they hold on? You mean to
tell me that first Chevy dealer took your

747
01:00:20.440 --> 01:00:27.199
engine completely apart and then put it
back together. I'm Tom, I got

748
01:00:27.239 --> 01:00:30.719
the paperwork. I don't know what
they did, Ernest. Let me ask

749
01:00:30.760 --> 01:00:34.440
you something, Ernest, when you
took it to the first Chevy dealer who

750
01:00:34.519 --> 01:00:38.400
determined the block was in bad shape
and that there were parts of the timing

751
01:00:38.519 --> 01:00:43.440
chain in it, that dealer,
how much did they charge you for that

752
01:00:43.559 --> 01:00:49.840
diagnosis? They didn't charge me nothing
because and they did not take the engine

753
01:00:49.840 --> 01:00:53.400
apart. I will guarantee it.
Okay. Red Automotives sent it to them

754
01:00:53.440 --> 01:01:00.440
because he didn't know how to get
it started. Ernest, that first steeler

755
01:01:00.079 --> 01:01:08.800
did not take that engine apart.
They can't. They would do you understand

756
01:01:08.840 --> 01:01:16.159
what it would have taken to remove
and look at that block? I really

757
01:01:16.199 --> 01:01:21.239
don't. I'm okay, I have
no mechanical They would have had to take

758
01:01:21.280 --> 01:01:24.199
the entire top off of that engine. Let's just put it this way,

759
01:01:24.239 --> 01:01:30.000
Okay. You told me the first
dealer determined the block was bad, and

760
01:01:30.039 --> 01:01:36.440
I said, I thought, I
mean, there's no way that they could

761
01:01:36.440 --> 01:01:42.880
have determined that without an internal inspection. I have no idea how they determined.

762
01:01:43.039 --> 01:01:47.239
Can you call them for us and
say, all just say this,

763
01:01:49.800 --> 01:01:55.239
don't get into the weeds, Just
say listen, I'm considering, you know,

764
01:01:55.360 --> 01:02:00.280
having this car repaired, but I
don't I don't want to spend too

765
01:02:00.400 --> 01:02:06.199
much money. And I remember you
told me the block was bad or in

766
01:02:06.320 --> 01:02:12.039
bad shape? What did you mean
exactly? Just please ask them did you

767
01:02:12.400 --> 01:02:17.000
look at it inside? How do
you know there's internal damage to the block?

768
01:02:17.280 --> 01:02:22.159
Would you please ask those questions?
Yes, sir, I definitely will.

769
01:02:22.199 --> 01:02:28.280
And one more thing time. What
I would like to do is actually

770
01:02:28.320 --> 01:02:34.320
send you the send you the report
via the email that they gave me that

771
01:02:34.519 --> 01:02:37.760
describes all the damage that is good
was done. Okay, I want you

772
01:02:37.840 --> 01:02:43.679
to do that, and then you
should take your car over to Kevin Caulkin

773
01:02:44.880 --> 01:02:49.960
at Sheridan Auto Tech. That's your
next step. Okay, share it une

774
01:02:51.079 --> 01:02:55.199
Auto Tech. Okay, where is
it right now? The second dealer?

775
01:02:55.280 --> 01:02:59.039
And by the way, I'm not
throwing any rocks at this second dealer.

776
01:02:59.079 --> 01:03:02.280
They didn't do anything. What's the
name of the second dealer? The second

777
01:03:02.280 --> 01:03:08.519
one is Daniel Long Chevrolet. And
where's that located? Motor City? Where's

778
01:03:08.559 --> 01:03:15.159
that Motor City? Never mind,
I'm not You're not going to go to

779
01:03:15.159 --> 01:03:20.000
share it in auto tech now,
it's too far. It's too far.

780
01:03:20.079 --> 01:03:27.719
Bro. I need to talk to
Can you get jesse On from Honest Accurate

781
01:03:27.719 --> 01:03:31.079
Auto yes, Okay, hold on, Brian, I mean our ernest hold

782
01:03:31.079 --> 01:03:35.719
on. We got more coming up
on the Troubleshooter Show. Three oh three

783
01:03:35.840 --> 01:03:39.599
seven one three talk seven one three
A two five five. Denverregen dot com.

784
01:03:39.639 --> 01:03:45.199
Weight Loss weight loss at two hundred
and fifty bucks a month for the

785
01:03:45.320 --> 01:03:49.280
compounded semic glue Tide. Again,
I always tell people check with your doc

786
01:03:49.360 --> 01:03:52.760
if you're going on a weight loss
program or if you're concerned about semic glue

787
01:03:52.800 --> 01:03:59.360
tide. It's the compounded form and
they'd be happy to have you talk to

788
01:03:59.400 --> 01:04:02.639
their doc as well. And all
supplies for two hundred and fifty bucks a

789
01:04:02.639 --> 01:04:11.960
month Denverregen dot com. Go with
a sure thing Denver's Best roofer Excel Roofing

790
01:04:12.079 --> 01:04:17.440
dot com. You don't pay a
cent until you're content. Please time for

791
01:04:17.480 --> 01:04:23.639
an insurance check up free, no
obligation comparison call Compass Insurance paying too much

792
01:04:23.760 --> 01:04:28.039
your coverage at dozens of insurance companies
find out now three oh three seven seven

793
01:04:28.079 --> 01:04:30.840
to one help. You'll think you're
his only customer when you choose Frank durand

794
01:04:30.840 --> 01:04:35.280
the Real estate Man dot com to
list your home with Remax Alliance three oh

795
01:04:35.320 --> 01:04:45.280
three nine two zero sixteen twenty two. Hi Tom Marchino, your troubleshooter three

796
01:04:45.360 --> 01:04:50.000
O three seven one three talks seven
one three eight two five five. All

797
01:04:50.079 --> 01:05:00.000
right, so we uh have Earnest
here now? Basically I want him to

798
01:05:00.039 --> 01:05:04.679
get over to We don't have him
on yet, do we? Jesse?

799
01:05:05.440 --> 01:05:09.440
I wanted to get Jesse on.
So he hasn't gone back to me yet.

800
01:05:09.480 --> 01:05:13.480
He is a hang on Brian's turn, Brian, what's going on?

801
01:05:13.800 --> 01:05:19.519
Hey? Brian? Hello, what's
going on? Hey? So the other

802
01:05:19.599 --> 01:05:25.840
day I went into a Walgreens and
bought a prepaid phone card. Okay,

803
01:05:26.079 --> 01:05:30.159
Verzon, yep, they have white
ones and they have red ones. Now

804
01:05:30.280 --> 01:05:33.880
apparently I didn't know that. What's
the difference. What's the difference? Yeah,

805
01:05:33.880 --> 01:05:39.360
there you go. That's the whole
point of this. Apparently there's two

806
01:05:39.360 --> 01:05:44.719
different divisions of Verizon. So what
color? What color did you buy?

807
01:05:45.920 --> 01:05:53.960
I bought red, the totals by
Verizon variety. Bought a red calling card.

808
01:05:55.360 --> 01:06:00.360
Yeah, okay, and it is
called total by Verizon, not the

809
01:06:00.360 --> 01:06:08.000
white prepaid Verizon. Is the red
one prepaid as well? Though? Yeah?

810
01:06:08.039 --> 01:06:12.320
Pretty much? So how does it
differ? Walden? How is this

811
01:06:12.400 --> 01:06:16.639
affecting you? So? I bought
four of them at sixty dollars a piece,

812
01:06:16.639 --> 01:06:21.320
two and forty dollars. I can
why, just out of curiosity,

813
01:06:21.360 --> 01:06:26.880
why do you buy them? I
just I like to just be able to

814
01:06:26.880 --> 01:06:30.599
do it that way. I just
like it better. So how is it

815
01:06:30.760 --> 01:06:32.280
used? I don't even know what
a calling card is used for. I'm

816
01:06:32.320 --> 01:06:34.840
serious. What do you use it
for a long distance or what? I

817
01:06:34.840 --> 01:06:41.599
don't even know there was charges like
that? What just basically your monthly charge

818
01:06:41.639 --> 01:06:44.639
for your cell phone? That's what
you? Oh, I guess So so

819
01:06:45.159 --> 01:06:49.400
okay, you choose not to pay
by credit card? Absolutely. So are

820
01:06:49.440 --> 01:06:55.000
they called prepaid calling cards or are
they called pre just prepaid? Okay,

821
01:06:56.440 --> 01:06:59.960
they're like a gift card, got
it? Okay, So what's going on?

822
01:07:00.199 --> 01:07:03.360
All right? So anyway, I
scratched two of them, tried to

823
01:07:04.239 --> 01:07:09.840
down the or input the number into
message to pay for my phone service,

824
01:07:10.280 --> 01:07:16.000
and they were declined, said they
were not applicable to my program, my

825
01:07:16.440 --> 01:07:21.199
prepaid service plan. What does that
mean? On the back of the card,

826
01:07:21.320 --> 01:07:30.280
unfortunately, it says in small print
card cannot be refunded once validated or

827
01:07:30.320 --> 01:07:35.039
authorized at the register. Okay,
So now I have a problem. I

828
01:07:35.079 --> 01:07:40.840
can't use it. I didn't know
there were two different styles, A hold

829
01:07:40.920 --> 01:07:43.840
on both companies. Let me ask
you this, Brian, would you have

830
01:07:43.880 --> 01:07:48.000
been able to use the white one
to pay for your phone? Yes?

831
01:07:48.360 --> 01:07:54.480
Always have been the white one.
Yeah, the white one used to have

832
01:07:54.519 --> 01:07:58.360
a little bit of red on it. Right, So when I was looking

833
01:07:58.440 --> 01:08:01.159
in the area, I didn't see
the white ones with red on them.

834
01:08:01.159 --> 01:08:04.280
I didn't see the white ones only. Well, you shouldn't have to worry

835
01:08:04.280 --> 01:08:10.719
about I mean that that's pre Can
I ask you something? I mean,

836
01:08:10.880 --> 01:08:15.119
they expect people to know which one
to buy, and they're both Verizons.

837
01:08:15.400 --> 01:08:18.439
So so I want to ask you
some simple questions. What is the white

838
01:08:18.479 --> 01:08:25.079
one for the red one for?
I don't know. Apparently it could possibly

839
01:08:25.159 --> 01:08:30.199
be for internet service also with your
phone and maybe some hot Spot Wi Fi

840
01:08:30.319 --> 01:08:33.880
stuff I don't know, but yours. But yours is that you have a

841
01:08:33.920 --> 01:08:40.239
prepaid cell phone? Is that what
it is? Yes? And the prepaid

842
01:08:40.319 --> 01:08:45.119
cell phone can only be paid for
with the white card. Yes, pretty

843
01:08:45.159 --> 01:08:47.640
much. And now that you bought
the red one, you can't convert it

844
01:08:47.680 --> 01:08:53.079
to a white one. What So
that's what they're telling me. So what

845
01:08:53.159 --> 01:08:59.279
I did yesterday I took the four
cards and the the receipts, and I

846
01:08:59.359 --> 01:09:06.920
went to two zon stores and their
attitude was this, we are franchise stores.

847
01:09:06.960 --> 01:09:10.479
We can't handle this. You have
to go to a corporate store,

848
01:09:10.720 --> 01:09:13.640
go to the mall and Fort Collins. So I went to the mall in

849
01:09:13.720 --> 01:09:16.119
Fort Collinns, the Corport store and
they're like, we can't do this.

850
01:09:16.279 --> 01:09:19.319
You'll have to go online and do
it all right, hold on, we'll

851
01:09:19.319 --> 01:09:25.079
come back to you. This is
crazy stuff and good information. Go with

852
01:09:25.159 --> 01:09:29.359
a sure thing Denver's Best Roofer Excel
Roofing dot com. You don't pay a

853
01:09:29.439 --> 01:09:36.359
cent until you're content. Time for
an insurance checkup free, no obligation comparison

854
01:09:36.479 --> 01:09:42.399
call Compass Insurance. Pay too much
your coverage at dozens of insurance companies find

855
01:09:42.399 --> 01:09:45.600
out Now three O three seven to
seven to one help. You'll think you're

856
01:09:45.640 --> 01:09:48.520
his only customer when you choose Frank
durand the real estate Man dot com to

857
01:09:48.600 --> 01:09:59.119
list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

858
01:10:00.279 --> 01:10:09.680
Ripped News didn't need advice, so
you don't have come running success as

859
01:10:09.720 --> 01:10:16.119
we can. Shooter's gonna help coming. Man Dix is the Troubleshooter Show.

860
01:10:16.760 --> 01:10:21.520
No Tom Martinez, Hi, Tom
Martino here, Welcome to the show.

861
01:10:21.600 --> 01:10:27.560
Three oh three seven one three talk
three oh three seven one three eight two

862
01:10:27.720 --> 01:10:30.199
five five. This show brought to
you by Ideal Home Loans. For your

863
01:10:30.199 --> 01:10:33.840
next Ideal Home loan, they do
the interest rate guarantee, so when rates

864
01:10:33.880 --> 01:10:39.079
go down, you'll be refinanced free
of charge, free of lender fees.

865
01:10:39.159 --> 01:10:43.840
That's three oh three and nine.
Well, let me see Ideal Home Loans.

866
01:10:43.920 --> 01:10:45.840
I used to have that by heart. What the hell's wrong with the

867
01:10:45.920 --> 01:10:48.840
three all three eight sixty seven seven
thousand, three oh three eight six seven

868
01:10:48.920 --> 01:10:54.479
seven thousand and I swear if you
make a joke dragging about age, I'm

869
01:10:54.520 --> 01:10:57.560
gonna come over there. Okay,
Now, I would never say anything to

870
01:10:57.560 --> 01:11:00.359
your friend, No, no,
no, never. Now we have a

871
01:11:00.399 --> 01:11:04.760
follow up I want to do,
and it's Tom. He called three weeks

872
01:11:04.800 --> 01:11:12.560
ago, mister appliance. This Viking
refrigerator thing was terrible. But I believe

873
01:11:12.680 --> 01:11:15.359
isn't this the one we had the
follow up on recently? Here? But

874
01:11:15.680 --> 01:11:21.800
let's bring them up anyway. Hey, Tom, what's going on, sir?

875
01:11:23.439 --> 01:11:26.760
What's going on? Well? I
just don't know follow up on that

876
01:11:26.840 --> 01:11:32.760
I appreciate you guys reaching out back
from them. Wait is this the one

877
01:11:33.439 --> 01:11:42.199
Is this the one where it was
last April? Yes? Or nine times?

878
01:11:43.119 --> 01:11:48.960
Last April, mister Appliance came to
try to fix fix your Viking refrigerator.

879
01:11:49.319 --> 01:11:56.319
You spent sixty seven in repairs and
it was never fixed. You called

880
01:11:56.359 --> 01:12:01.479
another place and they fixed it for
forty seven hundred or forty forty eight repee.

881
01:12:02.560 --> 01:12:08.399
Yeah, the original repairs that were
done, they were totally useless,

882
01:12:08.479 --> 01:12:14.840
right, that is correct? And
then did you call and then they went

883
01:12:14.880 --> 01:12:16.760
to an exchanger, then they went
to a compressor, then they pulled the

884
01:12:16.840 --> 01:12:20.960
unit out, damaged my cabinets,
put it back in. So and then

885
01:12:21.000 --> 01:12:26.720
when we last, when we last
talked, I notice here I said,

886
01:12:26.760 --> 01:12:30.439
you just wanted to let people know. But I wonder why we didn't call

887
01:12:30.520 --> 01:12:38.359
them on the last time you called
us in February. Why didn't we did

888
01:12:38.399 --> 01:12:42.520
we try to call, mister appliance. I think you were trying to get

889
01:12:42.560 --> 01:12:44.920
a hold of somebody, and then
I got an email said that you were

890
01:12:44.960 --> 01:12:46.279
going to You're going to try to
put us together or get them, get

891
01:12:46.279 --> 01:12:53.600
them online. But I've never received
a call from anyone even yet not from

892
01:12:53.640 --> 01:12:57.399
you, from uh, from mister
appliance and what we need to do.

893
01:12:59.079 --> 01:13:02.039
And when you went down there,
what did could you talk to anyone?

894
01:13:02.359 --> 01:13:04.840
There was just one girl at the
front desk and I said, hey,

895
01:13:04.880 --> 01:13:09.279
I'm Tom Tarver and I've been trying
to reach your service manager or your owner.

896
01:13:09.880 --> 01:13:12.479
And she said we got in and
I said, okay, here,

897
01:13:12.520 --> 01:13:14.119
we're going to go with that.
By hand her of the paper, I

898
01:13:14.159 --> 01:13:16.520
said, here's all the nine calls
I've called you guys. You know I

899
01:13:16.520 --> 01:13:19.159
wanted to talk to somebody. I'd
even try to get to an agreement,

900
01:13:19.199 --> 01:13:21.720
because you know, I get it. You know, I don't know why

901
01:13:21.760 --> 01:13:26.119
you wouldn't take Listen, why wouldn't
you take in the small claims court?

902
01:13:26.199 --> 01:13:30.439
You'll win? Well, I'd like
to do that. I've never done that

903
01:13:30.479 --> 01:13:32.279
before, so I guess I'm going
to have to understand how to do that.

904
01:13:32.760 --> 01:13:35.520
Okay, I get some help with
it somebody else. Yeah. Yeah,

905
01:13:35.600 --> 01:13:42.439
well Mark, as I said,
Mark almost has become almost an expert

906
01:13:42.479 --> 01:13:46.520
at it. But basically what he
does is he goes online. And what

907
01:13:46.560 --> 01:13:54.800
we do is we check out the
site for consumers on the Secretary of State.

908
01:13:55.399 --> 01:13:58.520
It's the hold on I'm going to
do it right now, the Secretary

909
01:13:58.600 --> 01:14:01.720
of State. And what you do
is you find the business. You you

910
01:14:01.760 --> 01:14:08.439
look up the business record for that
company, and then what you do is

911
01:14:08.560 --> 01:14:11.640
you so, so I'm going to
search the business and what is it called,

912
01:14:11.680 --> 01:14:17.960
mister appliance, mister appliance of Parker, Colorado. Okay, of Parker,

913
01:14:19.079 --> 01:14:24.199
Colorado. And then I don't know
if that's their name, but we're

914
01:14:24.199 --> 01:14:28.479
gonna look it up. No results
found. Huh, well, that's gonna

915
01:14:28.520 --> 01:14:32.239
suck that. There's nothing with I
want. I wonder if it's just mister

916
01:14:32.279 --> 01:14:36.760
appliance of Parker. Let's try that
one. Yeah, we found it,

917
01:14:36.840 --> 01:14:45.159
mister appliance of Parker, and uh, they're in good standing. And you

918
01:14:45.199 --> 01:14:50.680
go down here and we find their
their uh, their registered agent and then

919
01:14:50.880 --> 01:14:55.920
uh, I don't see though they're
registered agent anywhere. Oh wait, wait,

920
01:14:56.000 --> 01:15:01.000
maybe I do. Let's see they're
registered agent. Yes, and then

921
01:15:01.560 --> 01:15:06.720
registered agent is here. And what
you do is you serve him for small

922
01:15:06.760 --> 01:15:14.439
claims court and you take him to
court for the money. It's that easy,

923
01:15:14.479 --> 01:15:17.600
bro. And and so I just
silent Douglas County and I go to

924
01:15:17.960 --> 01:15:23.600
I go to the Secretary of State's
office and find the registored agent and have

925
01:15:23.840 --> 01:15:28.039
him serve Now if you yes,
well, first of all, go online

926
01:15:28.079 --> 01:15:31.680
and fill out the small claim stuff
with him. His name is Ken Kevin

927
01:15:31.920 --> 01:15:42.600
Kenneth Hudson h U T S O
N. Now I don't know if this

928
01:15:42.760 --> 01:15:46.159
is his home address or his business
address. Do they have a location there?

929
01:15:46.239 --> 01:15:51.359
You said they have? They have
a storefront right off a Parker Road

930
01:15:51.439 --> 01:15:56.920
that I went to get the address
of that storefront. The address I have

931
01:15:57.039 --> 01:16:00.159
here might be Kenneth's personal address.
But what what you do is you serve

932
01:16:00.319 --> 01:16:06.840
Kenneth Hudson. He's the one listed
here as the registered agent. You can

933
01:16:06.880 --> 01:16:12.680
look it up to at the Secretary
of State. Okay, you you really

934
01:16:12.760 --> 01:16:16.000
got to get this done. And
then what you can do he's there.

935
01:16:16.239 --> 01:16:19.279
They're in good standing, so I
think it is. And the name is

936
01:16:19.399 --> 01:16:27.399
KVH. Appliance Repair, LLC,
doing business as mister Appliance of Colorado.

937
01:16:28.039 --> 01:16:31.039
And then the registered agent, so
you serve him. But fill it all

938
01:16:31.079 --> 01:16:33.720
that out and sue, I don't
see how you lose. You get a

939
01:16:33.800 --> 01:16:38.159
judgment, and then you come back
to us and we'll tell you how to

940
01:16:38.159 --> 01:16:40.920
do it. But do it one
step at a time. If you have

941
01:16:41.039 --> 01:16:43.920
any hang ups, you call us
back. We'll put you in touch with

942
01:16:44.039 --> 01:16:47.800
Mark. Okay, okay, let
us know how it goes. Three oh

943
01:16:47.880 --> 01:16:53.479
three seven one three talks seven one
three eight two five five. Now,

944
01:16:53.520 --> 01:16:59.119
on these prebate paid cards, Deputy
Doc had a great idea, Brian,

945
01:16:59.199 --> 01:17:04.680
you bought some. This is what's
crazy. You bought some prepaid Verizon cards

946
01:17:04.720 --> 01:17:13.199
that can't be used to pay for
your prepaid sell service. It can only

947
01:17:13.239 --> 01:17:18.960
be as but you bought the wrong
kind. Now, yeah, what I

948
01:17:19.079 --> 01:17:24.439
don't understand is why you can't return
the ones that haven't been used. Do

949
01:17:24.520 --> 01:17:30.319
you have one still in a package? No, it's not in the package.

950
01:17:30.359 --> 01:17:31.960
They're just cards and you scratch off
the back and take the note.

951
01:17:31.960 --> 01:17:36.079
Okay, that's why they're returning because
a lot of people do that, and

952
01:17:36.159 --> 01:17:40.760
there's a lot of fraud in that. So here's the deal. Here's what

953
01:17:40.840 --> 01:17:44.880
else happened. Here's what else happened. So then I went online with the

954
01:17:45.000 --> 01:17:48.640
chat bot or whatever and started talking
to them at Verizon customer service. That's

955
01:17:48.680 --> 01:17:51.800
it. You can't talk to anybody
on a phone or you got to you

956
01:17:51.840 --> 01:17:55.880
got to do the chat box thing. So I was chat boxing with them,

957
01:17:56.199 --> 01:17:59.800
and the guy's like, well,
there's two different divisions with Verizon,

958
01:18:00.319 --> 01:18:02.840
so this won't work with this division, but it'll work with this other division.

959
01:18:05.399 --> 01:18:10.960
God, how are they Well,
I don't get it. How are

960
01:18:11.000 --> 01:18:16.680
people supposed to know what cards to
buy for what purpose? So here's the

961
01:18:16.720 --> 01:18:20.079
next part of this. The next
part is they gave me a number for

962
01:18:20.159 --> 01:18:26.479
the division that supposedly could help me
with this style of card, and I

963
01:18:26.560 --> 01:18:30.239
called them and they're like, we
can't help you because we don't have the

964
01:18:30.319 --> 01:18:33.720
money. Walgreens has the money,
so you have to go to Walgreens to

965
01:18:33.720 --> 01:18:39.039
get the refund. So I went
to Walgreens and they're like, we can't

966
01:18:39.039 --> 01:18:43.119
refund the money, but we can
get on the phone with you with that

967
01:18:43.199 --> 01:18:45.239
other division and try to help you. And that's when I said, well,

968
01:18:45.239 --> 01:18:50.199
we'll just call Tom. You know
what I feel, really, I

969
01:18:50.199 --> 01:18:55.319
mean, this is crazy and I
think we need I need to look deeper

970
01:18:55.439 --> 01:19:00.439
into it. But right now,
for you, the quick solution, I

971
01:19:00.479 --> 01:19:04.119
don't know there is one, but
I know Deputy Doc had an idea.

972
01:19:04.479 --> 01:19:08.640
Can you go to with a red
card? Can you go to a Verizon

973
01:19:08.720 --> 01:19:12.720
store and buy merchandise like a cover
for a phone or stuff like that.

974
01:19:14.760 --> 01:19:16.319
I don't know. I just really
don't want to do that. All I

975
01:19:16.359 --> 01:19:20.720
want is the simple prepaid card.
And the thing is, I kind of

976
01:19:20.760 --> 01:19:24.920
feel like this goes back to what
they were what people were doing in the

977
01:19:24.960 --> 01:19:29.760
early two thousands, when you had
AT and T phone service, at and

978
01:19:30.000 --> 01:19:34.039
T phone service, and somebody would
call up and say we're at T and

979
01:19:34.079 --> 01:19:38.319
then next thing you know, you're
switched over to an expensive plan that you

980
01:19:38.399 --> 01:19:41.479
never really wanted because you or I
get it. I know it, I

981
01:19:41.560 --> 01:19:45.600
know it. So I think it's
bait and switch a little bit different,

982
01:19:45.279 --> 01:19:49.199
Kachina. Do we have someone at
Verizon that we talked to for problems?

983
01:19:51.319 --> 01:19:56.840
I'm not sure about that. Suzanne
would know better, but we can certainly

984
01:19:56.920 --> 01:20:00.319
get his information and try to I
thought we did at one point. I'm

985
01:20:00.359 --> 01:20:04.920
not sure if that person is still
there, Okay. And are they called

986
01:20:05.000 --> 01:20:11.399
red and white cards? I have
no idea what they're called. The one

987
01:20:11.439 --> 01:20:15.560
card is prepaid Verizon. It's a
white card used to be white with a

988
01:20:15.600 --> 01:20:17.800
little bit of red on it,
I understand. So it's called prepaid.

989
01:20:18.239 --> 01:20:23.199
What are they both called? That's
what I need to know. So one's

990
01:20:23.279 --> 01:20:27.640
kind of a Verizon prepaid card is
white, and then the other one is

991
01:20:27.840 --> 01:20:33.680
Total by Verizon and it's all red. Okay, but what how is the

992
01:20:33.760 --> 01:20:41.439
consumer supposed to know? That's my
question right there. If you don't know

993
01:20:41.600 --> 01:20:44.520
until you buy it, take it
home, scratch it, try to use

994
01:20:44.560 --> 01:20:46.439
it, and it says you cannot
use this for what you're trying to do,

995
01:20:49.399 --> 01:20:56.520
right I'm making notes here Total by
Verizon and the other one is simply

996
01:20:56.840 --> 01:21:03.199
the other one is simply the repaid
card. Yeah, okay, well,

997
01:21:03.279 --> 01:21:09.800
man, I give your information to
Kelly. I think we have an angel

998
01:21:09.840 --> 01:21:14.680
at Verizon, somebody we can get
to, and then we'll see if we

999
01:21:14.720 --> 01:21:19.159
can figure this out for you,
or get somebody who knows something. Right

1000
01:21:19.199 --> 01:21:27.520
now, I just texted someone who
knows about gift cards and oh man,

1001
01:21:28.920 --> 01:21:30.239
well Tom, I'm getting ready to
go into a meeting. But here,

1002
01:21:30.239 --> 01:21:38.159
okay, give her the information.
Give her the information to you. I

1003
01:21:38.239 --> 01:21:41.600
wanted to bring this to you because
this is what you do. Great and

1004
01:21:41.640 --> 01:21:45.640
I appreciate. All right, good, get us the info or call us

1005
01:21:45.680 --> 01:21:47.359
back with the info. Kelly,
give me your email or something, and

1006
01:21:47.439 --> 01:21:51.960
let's get this done. Okay,
this sucks, and I really don't know

1007
01:21:53.039 --> 01:21:56.520
the answer. I'm looking into it, though, because I imagine many,

1008
01:21:56.600 --> 01:22:00.800
many, many consumers are going to
be confused by this. Three O three

1009
01:22:00.920 --> 01:22:11.479
seven one three eight two five five. Go with a sure thing Denver's best

1010
01:22:11.560 --> 01:22:15.600
roofer Excel Roofing dot com. You
don't pay a cent until you're content.

1011
01:22:17.960 --> 01:22:21.520
Time for an insurance check up free, no obligation. In comparison, call

1012
01:22:21.600 --> 01:22:27.600
Compass Insurance paying too much your coverage
at dozens of insurance companies find out now

1013
01:22:27.640 --> 01:22:30.680
three oh three seven seven one help. You'll think you're his only customer when

1014
01:22:30.720 --> 01:22:34.439
you choose Frank durand the real estate
Man dot com to list your home with

1015
01:22:34.560 --> 01:22:45.960
Remax Alliance three oh three nine two
zero sixteen twenty two. Hi, Tom

1016
01:22:45.960 --> 01:22:48.840
Martino, your troubleshooter three oh three
seven one three talks seven one three eight

1017
01:22:48.840 --> 01:22:55.920
two five five Ernest uh Jesse's not
available at Honest Accurate Auto. But here's

1018
01:22:55.960 --> 01:23:00.520
what we need to do. What
you You have your car right now at

1019
01:23:00.520 --> 01:23:04.079
a place and they're holding off on
doing repairs. They seem to be pretty

1020
01:23:04.119 --> 01:23:10.640
fair, pretty nice. They say
you need nineteen hundred dollars worth of repairs,

1021
01:23:10.640 --> 01:23:15.840
but I don't want you to authorize
those until you know whether or not

1022
01:23:15.880 --> 01:23:23.680
that block is you know, is
worth it? Now the dealership it's at

1023
01:23:24.039 --> 01:23:26.920
says, we don't think there's anything
wrong with the block. Is that right?

1024
01:23:28.000 --> 01:23:30.520
That is correct? The second one, the first one said it is?

1025
01:23:30.920 --> 01:23:35.920
Did you send me yet that invoice
from the first one? No,

1026
01:23:36.000 --> 01:23:39.840
I'm gonna because I have to go
get a copy of it because I don't

1027
01:23:39.880 --> 01:23:42.880
have no will you to just like
I take a picture of it, so

1028
01:23:43.760 --> 01:23:46.680
like I got time, I do
have a car where I'm busting my wife

1029
01:23:46.720 --> 01:23:51.640
around, so I'm gonna probably go
down to the authetics. Let's do that

1030
01:23:51.800 --> 01:23:56.479
first. Man, Wait, wait
a minute, Ernest you have a copy

1031
01:23:56.520 --> 01:23:59.039
of it all ready, I mean
you can't you take a picture of it

1032
01:23:59.079 --> 01:24:01.039
with your phone or not? Oh? Yes, I could do that,

1033
01:24:01.079 --> 01:24:04.640
but I mean sometimes the qualities.
Well, let's try it. Let's before

1034
01:24:04.640 --> 01:24:09.399
you go running around. Let's try
that first. Okay, I can do

1035
01:24:09.439 --> 01:24:12.960
that, And then what I'd like
to do is Kaschina will tell you how

1036
01:24:12.960 --> 01:24:15.560
to get that to us. I'd
like to take a look at it.

1037
01:24:15.600 --> 01:24:21.520
Here's why, I don't think your
block is bad either. So if you're

1038
01:24:21.560 --> 01:24:27.840
satisfied with that estimate, once we
determine that, you may as well,

1039
01:24:27.920 --> 01:24:30.920
let that dealer fix it. But
what did that dealer say they're doing for

1040
01:24:30.000 --> 01:24:39.079
nineteen hundred, well to two thousand, five hundred. Oh yeah, they're

1041
01:24:39.840 --> 01:24:48.279
fixing the valve cover I guess,
replacing the chain, and then the oil

1042
01:24:48.359 --> 01:24:54.239
that they say is leaking from the
bottom pan and the part that was glued

1043
01:24:54.279 --> 01:24:58.159
on where they said it should have
been sealed on. So they're doing all

1044
01:24:58.199 --> 01:25:05.319
those repairs. Okay, I think
that it's not outrageous, it's a little

1045
01:25:05.359 --> 01:25:10.520
on the high side. What you
might want to do, do you have

1046
01:25:10.640 --> 01:25:15.079
that estimate in writing to that is
correct? Would you go over to Honest

1047
01:25:15.439 --> 01:25:26.159
Accurate Auto and talk to Jesse okay? Or call him. There's two of

1048
01:25:26.199 --> 01:25:30.479
them, he's at one of them, Honest Deck and talk to Jesse.

1049
01:25:30.560 --> 01:25:36.479
I'm talk to Jesse. Tell him
you talk to me and you want to

1050
01:25:36.520 --> 01:25:42.520
find out you want to find out
if that's a reasonable price for what needs

1051
01:25:42.560 --> 01:25:45.399
to be done? Or yes,
sir, does he can he look at

1052
01:25:45.399 --> 01:25:51.119
it? And then also tell him
that one shot told him your block was

1053
01:25:51.159 --> 01:25:55.000
in bed. No, I don't
know if i'd complicate the matter. I

1054
01:25:55.039 --> 01:25:58.239
want to look at that invoice.
There's no way that I'm just going to

1055
01:25:58.279 --> 01:26:03.000
say it that unless you had an
obvious crack in your block, there's no

1056
01:26:03.119 --> 01:26:09.600
way that first shop could have told
there's internal block damage without looking and taking

1057
01:26:09.640 --> 01:26:13.760
it apart. So I don't I
mean, I just don't know. We

1058
01:26:13.800 --> 01:26:16.560
can talk to Jesse about it,
but go see him first and then call

1059
01:26:16.640 --> 01:26:20.159
us back. Get us a copy
of that first invoice three zero three,

1060
01:26:20.359 --> 01:26:25.399
seven to one three talks seven to
one three eight two five five. We

1061
01:26:25.439 --> 01:26:29.640
have with us Dan McKenzie from McKenzie
Law. Dan does a state planning,

1062
01:26:29.960 --> 01:26:32.520
Dan, I have a question for
you, and somebody wants to know about

1063
01:26:32.560 --> 01:26:36.720
privacy. They were told and let
me get our wide shot here. They

1064
01:26:36.720 --> 01:26:42.720
were told that if you do a
trust, it's secret, no one can

1065
01:26:42.800 --> 01:26:46.079
read it unless they're part of the
trust. And that's a good reason to

1066
01:26:46.159 --> 01:26:49.680
do a trust, to keep as
little as possible in a will, which

1067
01:26:49.720 --> 01:26:54.680
is public record, and then point
things to the trust. So let's just

1068
01:26:54.720 --> 01:26:59.760
talk about that first and foremost is
a will public It will is lodge with

1069
01:26:59.760 --> 01:27:05.600
a and can be gotten at least
by interested parties and interested parties, I

1070
01:27:05.680 --> 01:27:08.840
mean, it's lodge with the court, even if there is no probate.

1071
01:27:08.960 --> 01:27:13.399
Okay, supposed to be so once
somebody's sunbun dies, people can read wills.

1072
01:27:14.359 --> 01:27:19.199
Yeah, yes, so that's reason
enough to get a trust. Yeah.

1073
01:27:19.399 --> 01:27:25.399
Can people go and see a trust? No, because it's not as

1074
01:27:25.479 --> 01:27:30.319
the person who wrote this in said
that it's not registered anywhere. It is

1075
01:27:30.479 --> 01:27:33.760
only the state statute says you have
to share the details with those people who

1076
01:27:33.800 --> 01:27:38.000
are in it, and only the
details relevant to them. So what that

1077
01:27:38.119 --> 01:27:41.119
is is somewhat debatable, but you
can constrain it down. If I'm giving

1078
01:27:41.600 --> 01:27:44.079
ten thousand and one kid and five
thousand the other, you know, they

1079
01:27:44.079 --> 01:27:47.000
don't necessarily get to know what each
other got. But if kids dispute what's

1080
01:27:47.000 --> 01:27:49.399
in the trust, saying I don't
believe that's what the trust says, I

1081
01:27:49.479 --> 01:27:54.880
think you're misinterpreting it. What happens
then yeah, I mean they can initiate

1082
01:27:54.920 --> 01:28:01.239
litigation and they're a public then ca
I mean obviously litigation. Yes, there

1083
01:28:01.279 --> 01:28:05.239
is a public elemental litigation, so
there are ways that it could still happen.

1084
01:28:05.319 --> 01:28:09.119
But i'mlike with the wills going through
probate, I mean, a probate

1085
01:28:09.159 --> 01:28:14.399
process is a court case. It's
already going now. I heard that in

1086
01:28:14.479 --> 01:28:18.119
some cases where there's a dispute over
what the will the trust says. A

1087
01:28:18.199 --> 01:28:23.079
judge can read it and say to
the person, you're not privy to this

1088
01:28:23.439 --> 01:28:27.520
or this is what it says.
And then, in other words, to

1089
01:28:27.640 --> 01:28:30.600
keep it from if someone says,
I believe I'm part of that trust,

1090
01:28:30.640 --> 01:28:34.199
they're just not giving me the money. Yeah, and the person says,

1091
01:28:34.199 --> 01:28:36.000
no, you're not part of the
trust. You're not going to get to

1092
01:28:36.000 --> 01:28:41.720
read it, right, Yeah,
So it's the judge's ever peered into the

1093
01:28:41.720 --> 01:28:44.680
trust. Think, yes, you
could do an in camera review, which

1094
01:28:44.720 --> 01:28:46.720
is a judge looking at it.
Okay, yes it is and asked the

1095
01:28:46.800 --> 01:28:50.880
judge opinion, Am I in it
or not? Yes? Okay? Three

1096
01:28:50.960 --> 01:28:57.279
oh three seven one three talks seven
one three eight two five five. We

1097
01:28:57.359 --> 01:29:05.720
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1103
01:29:29.199 --> 01:29:39.239
home with Remax Alliance three all three
nine two zero sixteen twenty two. Hi

1104
01:29:39.439 --> 01:29:45.600
Tom Martino, you're troubleshooter three oh
three seven one three talk three oh three

1105
01:29:45.720 --> 01:29:49.079
seven one three eight two five five. Welcome to the show. Here to

1106
01:29:49.159 --> 01:29:51.840
help you, and uh, all
you have to do is call us.

1107
01:29:51.880 --> 01:29:57.600
We have Dan Mackenzie with us as
well from Mackenzie Law, and uh,

1108
01:29:57.640 --> 01:30:02.279
while we're on the subject of a
state planning and a state law, who

1109
01:30:03.000 --> 01:30:08.000
needs a will? Dan? Who
needs one? Let's just you know we

1110
01:30:08.399 --> 01:30:12.079
often get that question. Yeah,
I mean really, any adult who has

1111
01:30:12.119 --> 01:30:14.800
people relying on them, So you
know, if you have a spouse,

1112
01:30:14.840 --> 01:30:16.680
if you co own property with somebody, if you guy kids. I mean,

1113
01:30:16.680 --> 01:30:19.840
these are all situations where you better
have some instructions about what's going to

1114
01:30:19.880 --> 01:30:24.880
happen. What percentage of people die
without a will? And I think they

1115
01:30:24.880 --> 01:30:27.800
asked them, it's about seventy percent. What wait a minute, wait a

1116
01:30:27.800 --> 01:30:31.119
minute, wait a minute, wait
wait wait wait seventy percent without a will?

1117
01:30:32.039 --> 01:30:36.840
Yeah, yeah, it's a big
majority. I never realized that.

1118
01:30:38.000 --> 01:30:41.920
Yeah, yeah, it's an essay. There's this is County by county is

1119
01:30:41.960 --> 01:30:45.520
really hard to tell, but that
is that is mostly people. I would

1120
01:30:45.640 --> 01:30:48.479
venture to say it's mostly people without
a lot of net worth. Probably people

1121
01:30:48.520 --> 01:30:53.039
have mistakenly think that that's the driver. And like I just said, you'd

1122
01:30:53.399 --> 01:30:55.680
notice I didn't bring that up.
I didn't bring up your wealth. You

1123
01:30:55.720 --> 01:30:59.039
could yeah, I mean you could
be renting an apartment. Your landlord's depending

1124
01:30:59.079 --> 01:31:02.119
on you, frankly in that situation, so you got creditors minded family,

1125
01:31:02.399 --> 01:31:05.319
like who's getting it? Like that, and that situation. If people don't

1126
01:31:05.319 --> 01:31:08.600
have a lot, they don't really
care. They say, look who cares?

1127
01:31:08.920 --> 01:31:12.279
But if you have children, you
want to provide for children. You

1128
01:31:12.359 --> 01:31:15.319
have a little extra, You have
a car, even if you only have

1129
01:31:15.399 --> 01:31:16.800
a bank account in a car.
But you can do that without a will.

1130
01:31:16.880 --> 01:31:18.800
They came to you and all they
had was a car and a bank

1131
01:31:18.840 --> 01:31:23.800
account. Can't you do a payable
on death certificate? Yeah? And that's

1132
01:31:23.840 --> 01:31:27.239
an option in much bigger estates in
that So, yes, there's lots of

1133
01:31:27.239 --> 01:31:30.560
waste that designate beneficiaries. But that's
a state planning. And we have situations

1134
01:31:30.600 --> 01:31:33.960
where people are making decisions like that
with six figures riding on them and not

1135
01:31:34.119 --> 01:31:38.640
talking to any attorneys, and it's
a big, big mistakes. Here's what

1136
01:31:38.760 --> 01:31:45.920
I want to know. If you
have if you have like stuff, a

1137
01:31:45.000 --> 01:31:50.159
bunch of stuff, can you have
some in a will and some in a

1138
01:31:50.239 --> 01:31:57.159
trust and then some totally bypass everything
by doing like that payable on death certificate?

1139
01:31:57.319 --> 01:31:59.680
Most to state plans are a mix
of all those things. Yep.

1140
01:32:00.399 --> 01:32:03.119
So what would be something that would
totally that if you wanted something to go

1141
01:32:03.399 --> 01:32:11.840
directly to your air without going through
probate, the will or anything something automatic?

1142
01:32:12.159 --> 01:32:15.840
Yeah, that would be a payable
on death certificate? Yes, yeah,

1143
01:32:15.000 --> 01:32:17.399
that probably is the fastest. It's
got some drawbacks, you know,

1144
01:32:17.640 --> 01:32:21.199
Unlike trust, it doesn't kick in
unless you've passed away. If you're leaving

1145
01:32:21.239 --> 01:32:27.720
stuff, especially real estate or hard
assets to multiple people, designate beneficiaries leaves

1146
01:32:27.840 --> 01:32:30.479
no one in charge and you people
tried for them. Where a trust can

1147
01:32:30.560 --> 01:32:33.279
designate all that? Exactly? Can
a will designate that? Can you say

1148
01:32:33.319 --> 01:32:36.760
I'm leaving my house and I want
sixty percent to go here and forty percent

1149
01:32:36.880 --> 01:32:42.840
there? Sure? Okay, yeah, but a trust is made for more

1150
01:32:42.920 --> 01:32:45.760
instructions. Basically, isn't that really
what it is? Isn't that isn't basically

1151
01:32:45.880 --> 01:32:49.760
a trust a will with conditions and
terms. Yeah, trust allows you to

1152
01:32:49.880 --> 01:32:53.239
kind of direct things out a few
steps, whereas a will, like if

1153
01:32:53.279 --> 01:32:56.199
you leave that sixty forty it's like, well, now, what how many

1154
01:32:56.359 --> 01:33:00.079
generations can a trust go? If
you die? Can you make sure that

1155
01:33:00.199 --> 01:33:02.920
your kids for the rest of their
lives have to abide by it? Oh?

1156
01:33:03.000 --> 01:33:06.199
Yeah? Can you make sure that
their kids abide by it? Yep?

1157
01:33:06.600 --> 01:33:11.159
Really? Yeah. So there's the
famous thing that you're study in law

1158
01:33:11.159 --> 01:33:14.439
school called the Rule against Perpetuities that
is designed to prevent trust from going on

1159
01:33:14.560 --> 01:33:18.479
forever. It's pretty archaic, but
they've been modified so there are limits,

1160
01:33:19.399 --> 01:33:23.399
but yeah, they can go on
for quite a long time. That even

1161
01:33:23.439 --> 01:33:26.079
when we were using that rules,
twenty one years of a life and being

1162
01:33:26.199 --> 01:33:28.840
had was the measuring so a life
and being exactly the way it is.

1163
01:33:29.439 --> 01:33:31.079
No, it's been modified by statute
and it goes even farther now, so

1164
01:33:31.159 --> 01:33:34.880
you get okay, so you want
to rule what your kids do, and

1165
01:33:34.920 --> 01:33:38.920
you know there's going to be enough
money for their kids and their kids,

1166
01:33:39.359 --> 01:33:42.479
but eventually it has to end.
Eventually, there has to be some way

1167
01:33:42.520 --> 01:33:45.760
to end it. But what does
there have to be some way to modify

1168
01:33:45.800 --> 01:33:49.760
it. What if everyone involved now
a generation later is opposed to it.

1169
01:33:50.119 --> 01:33:53.159
Yeah, there is. There is
a way to modify it, and that's

1170
01:33:53.199 --> 01:33:55.800
going to court and asking them with
the court to modify it unless you build

1171
01:33:55.840 --> 01:33:58.840
some stuff into the trust agreement saying
how that will be done. Larry,

1172
01:33:58.960 --> 01:34:00.760
you have a question, Go ahead, Larry, Welcome to the show.

1173
01:34:00.800 --> 01:34:05.520
I'm Tom Martino. Yeah, Tom, I have mentioned this before, but

1174
01:34:06.000 --> 01:34:12.479
when it comes to iras or four
one ks, they should not be transferred

1175
01:34:12.520 --> 01:34:18.479
into a trust for distribution because they
become immediately taxable. Wait is that true,

1176
01:34:18.520 --> 01:34:20.800
though? I don't. I don't
see why they would be taxed.

1177
01:34:20.920 --> 01:34:25.920
Well, hold on, aren't they
always taxable? Though? The isn't the

1178
01:34:26.079 --> 01:34:30.479
rule? The estate pays tax on
anything that has not paid tax. So

1179
01:34:30.640 --> 01:34:32.439
IRA's and four one ks are a
little bit different because they're holding money that

1180
01:34:32.520 --> 01:34:35.119
has not been taxing. Right.
Yes, as the recipient, if it

1181
01:34:35.159 --> 01:34:39.319
comes directly to you, you're going
to declare that as income. You know,

1182
01:34:39.399 --> 01:34:44.319
there's science directly to a recipient,
they're not taxable, Yes, they

1183
01:34:44.359 --> 01:34:46.239
are, Larry, Larry. Let
me let me put it to you this

1184
01:34:46.359 --> 01:34:51.039
way. If you put one hundred
thousand dollars in an IRA or a four

1185
01:34:51.039 --> 01:34:55.239
to one K, and it grows, right, and you start and it

1186
01:34:55.399 --> 01:35:00.359
was qualified money, right, and
then it starts going out to you your

1187
01:35:00.439 --> 01:35:04.479
airs. No matter how you distribute
it, tax will be paid on it,

1188
01:35:05.840 --> 01:35:12.039
that's right. But it could be
paid at lower rate depending on how

1189
01:35:12.119 --> 01:35:16.640
it's withdrawn. But if it's put
into the trust, it's immediately a taxable

1190
01:35:16.760 --> 01:35:20.920
event for the entire amount. Oh, I didn't know that. I mean,

1191
01:35:21.000 --> 01:35:24.960
I don't know that actually, And
Dan, you're not really a tax

1192
01:35:24.960 --> 01:35:27.560
attorney, but do you know that? But but Larry, So, what

1193
01:35:27.680 --> 01:35:30.640
you're saying is this, if somebody
there there is a rule on some of

1194
01:35:30.720 --> 01:35:33.239
these four to one k's that if
you inherit a four oh one K,

1195
01:35:33.800 --> 01:35:39.359
you have to take a distribution over
a certain number of years, right right,

1196
01:35:39.520 --> 01:35:43.039
Dan, over ten years, right
now, and then you must pay

1197
01:35:43.199 --> 01:35:45.279
tax when you take it, not
on the whole thing, but you can

1198
01:35:45.680 --> 01:35:50.119
you can usually get it at a
lower rate depending on your income. Well,

1199
01:35:50.439 --> 01:35:55.359
when you say lower rate, that's
all subjective. It's not necessarily a

1200
01:35:55.439 --> 01:35:59.439
lower rate. It spread out,
is what you mean to say. Because

1201
01:35:59.600 --> 01:36:03.159
if you get it as on your
income and your deductions, you're at right,

1202
01:36:03.359 --> 01:36:06.359
that's right. So, but what
you're saying is, and I don't

1203
01:36:06.399 --> 01:36:09.319
know if it's true, but I'm
not going to call you a liar.

1204
01:36:09.359 --> 01:36:13.159
I think you probably researched it.
You're saying, if it's a lump sum

1205
01:36:13.319 --> 01:36:16.760
into a trust as opposed to being
left to an individual, if it goes

1206
01:36:16.880 --> 01:36:21.239
into a trust, all of the
taxes are paid at that time. That's

1207
01:36:21.359 --> 01:36:26.720
correct, And that's that's my uncle's
estate. He had over a million dollars

1208
01:36:26.800 --> 01:36:30.760
in these iray went into the trust
and they had to pay the tax immediately.

1209
01:36:31.800 --> 01:36:36.640
Hmmm. Yeah, dealing with the
IRA's through estate planning is generally pretty

1210
01:36:36.680 --> 01:36:40.760
complicated. We got some books that
look like phone books on how to advise

1211
01:36:40.800 --> 01:36:45.079
people on how to do IRA planning. So there is an element there,

1212
01:36:45.479 --> 01:36:47.720
certainly. Yeah, Larry's got a
point, but there are yeah, because

1213
01:36:47.880 --> 01:36:51.079
really, if you think about it, the trust is the recipient at that

1214
01:36:51.199 --> 01:36:55.079
point, right, Yeah, I
mean when you know, usually we built

1215
01:36:55.119 --> 01:36:57.560
in what's called conduit provisions, and
the trust is saying, trust, you

1216
01:36:57.720 --> 01:37:00.359
just take this money and immediately shoot
it out to the beneficiary, and that

1217
01:37:00.159 --> 01:37:04.880
can that can result in the beneficiaries
being tasked, which is usually yes,

1218
01:37:05.000 --> 01:37:10.600
what you want as larious. It
says here where when I looked it up,

1219
01:37:11.920 --> 01:37:15.279
there's two different kinds of trusts,
and it depends on what kind of

1220
01:37:15.359 --> 01:37:18.520
trust it is. What's a grant
or trust than a non grant or trust.

1221
01:37:18.840 --> 01:37:23.159
So grant our trust is a trust
that the income earned by that trust

1222
01:37:23.279 --> 01:37:26.560
is taxed to the person who made
the trust. So like most living trusts

1223
01:37:26.560 --> 01:37:29.000
are grant to r trust, you
just keep paying the taxes like you always

1224
01:37:29.079 --> 01:37:31.800
have. A non grant or trust
is a trust, like an irrevocable trust

1225
01:37:31.880 --> 01:37:35.079
you're putting assets into, and it's
got its own taxpayer a D number,

1226
01:37:35.159 --> 01:37:41.640
and files its own tax return.
It says here the Secure Act made in

1227
01:37:42.399 --> 01:37:48.439
it says that all of the money
must be withdrawn over ten years of the

1228
01:37:49.159 --> 01:37:56.000
original owner's death, and it says
that this change can accelerate the income tax

1229
01:37:56.079 --> 01:38:08.640
impact on beneficiaries. Trust just beneficiaries
can possibly navigate the same rules it can

1230
01:38:08.840 --> 01:38:11.800
if it has those provisions I mentioned
earlier about being able to shoot that and

1231
01:38:11.840 --> 01:38:15.000
come right out to the beneficiaries.
But you know, sometimes you could be

1232
01:38:15.000 --> 01:38:18.800
at risk. A trust, like
an entity receiving assets, can be It

1233
01:38:18.840 --> 01:38:21.520
can be crunched down in five years. But Larry, that's a good point

1234
01:38:21.560 --> 01:38:25.520
though. You're right, Larry.
The short answer is you have to always

1235
01:38:25.600 --> 01:38:30.840
take into consideration tax implications. Oscar, Oscar, real quick? What is

1236
01:38:30.920 --> 01:38:36.279
your question? Thank you Larry,
Oscar go ahead? Are you there?

1237
01:38:36.319 --> 01:38:40.800
Oscar? Go ahead? Do you
hear me? Yes? I can.

1238
01:38:41.880 --> 01:38:47.520
A couple of years ago with heavy
I trust updated from Michigan to fornatho we

1239
01:38:47.720 --> 01:38:56.000
moved here to work Colorado. Is
there anything we have to do to update

1240
01:38:56.279 --> 01:39:00.239
or well? You know, there's
two sides of this coin here. One

1241
01:39:00.319 --> 01:39:02.520
is the documents. They probably cite
Florida statutes, which you know, I

1242
01:39:02.560 --> 01:39:04.960
mean, you're can have a Florida
you have Florida trust even when you live

1243
01:39:05.000 --> 01:39:11.640
here in Colorado. So but I
would generally recommend that you confer and just

1244
01:39:11.760 --> 01:39:15.800
make sure because they might have some
different rules around what a spouse is entitled

1245
01:39:15.840 --> 01:39:18.039
to receive in a blended family situation, you know, things like that.

1246
01:39:18.720 --> 01:39:21.000
And then the other side of the
coin is how have you funded it?

1247
01:39:21.159 --> 01:39:25.000
Do you actually like is your house
here in the trust? Have you put

1248
01:39:25.079 --> 01:39:27.600
other assets in the trust? And
usually that's a good idea to review that,

1249
01:39:27.720 --> 01:39:32.079
but usually in general it's better to
have the trust in the state where

1250
01:39:32.119 --> 01:39:41.439
you live or will die generally unless
unless the tax implications are so more favorable

1251
01:39:41.560 --> 01:39:45.600
somewhere else. But can you literally
make a trust anywhere you want or do

1252
01:39:45.680 --> 01:39:47.600
you have to have a connection to
that state? I mean usually there's a

1253
01:39:47.640 --> 01:39:51.159
connection, but like it's the trustee
or there's money there or some asset.

1254
01:39:51.359 --> 01:39:54.680
Well, I mean, what if
I just want to make it somewhere that

1255
01:39:55.000 --> 01:40:00.000
has favorable taxes and stuff and favorable
laws. I mean to pull that up.

1256
01:40:00.239 --> 01:40:01.960
I think you know, so that
that you have to make an uh,

1257
01:40:02.560 --> 01:40:06.239
some kind of presence there. Yeah, so that The most common use

1258
01:40:06.319 --> 01:40:10.079
for this is asset protection trusts.
Yeah, I know, people used to

1259
01:40:10.079 --> 01:40:13.279
have to go off for Now there's
states like Nevada and Wyoming that let you

1260
01:40:13.279 --> 01:40:15.920
set up asset protection trusts there.
To make that work, you got to

1261
01:40:15.039 --> 01:40:19.000
have money or some asset in the
estate in the in that state. You

1262
01:40:19.079 --> 01:40:23.199
got to hire a trustee there.
They've got an entire industry now set up

1263
01:40:23.239 --> 01:40:25.960
the states to help. There has
to be a connection. You have an

1264
01:40:26.039 --> 01:40:29.039
artificial presence there, correct, Yeah, just like in Wyoming, Like if

1265
01:40:29.039 --> 01:40:30.399
you have an LYC in Wyoming,
you got to have your ristered agent there.

1266
01:40:30.840 --> 01:40:33.119
Right. We have more coming up
on the Troubleshooter Show. Three O

1267
01:40:33.199 --> 01:40:43.000
three seven one three A two five
five Go with a sure thing Denver's best

1268
01:40:43.079 --> 01:40:46.079
roofer Excel Roofing dot com. You
don't pay a cent until you're content.

1269
01:40:49.479 --> 01:40:55.760
Time for an insurance checkup free,
no obligation comparison call Compass Insurance paying too

1270
01:40:55.840 --> 01:41:00.159
much your coverage at dozens of insurance
companies find out now three oh three and

1271
01:41:00.239 --> 01:41:02.600
seven to one. Help. You'll
think you're his only customer when you choose

1272
01:41:02.640 --> 01:41:08.079
Frank durand the real estate Man dot
com to list your home with Remax Alliance

1273
01:41:08.319 --> 01:41:15.960
three all three nine two zero sixteen
twenty two. Hi Tom Martino here,

1274
01:41:18.159 --> 01:41:21.079
we have a few minutes left in
this hour. Andrew has a question on

1275
01:41:21.199 --> 01:41:25.520
inheritance. Go ahead, Andrew,
you're on with Tom Martino and Dan McKenzie.

1276
01:41:26.439 --> 01:41:32.600
Okay, thank you very much.
A state administrator received very small amount

1277
01:41:33.000 --> 01:41:40.720
under one hundred thousand dollars. I
need to know taxes out of way.

1278
01:41:40.800 --> 01:41:45.960
Pay taxes on that that was from
proceeds of a sale of the condo of

1279
01:41:46.199 --> 01:41:55.439
the deceased. Okay, I don't
know that necessarily taxes would be due if

1280
01:41:55.479 --> 01:41:59.239
there's an estate tax. The estate
pays it, but that starts at thirteen

1281
01:41:59.279 --> 01:42:01.479
million bucks right now, So unless
the estate had that much money. So

1282
01:42:01.600 --> 01:42:08.119
when you inherit something, and unless
it's a qualified plan where taxes haven't been

1283
01:42:08.159 --> 01:42:11.640
paid, you don't have to pay
tax on it. Right. That's a

1284
01:42:11.720 --> 01:42:17.239
gift. So Andrew, if someone
left you one hundred thousand in cash or

1285
01:42:17.319 --> 01:42:20.039
left you a condo and you made
one hundred thousand, it's the same thing.

1286
01:42:20.199 --> 01:42:24.199
I told the condo and made the
one hundred thousand. Yes, but

1287
01:42:24.359 --> 01:42:28.479
that's still under the two fifty so
should be fine. Correct, Well two

1288
01:42:28.600 --> 01:42:31.119
fifty? What do you mean two
fifty? Well, if she was an

1289
01:42:31.319 --> 01:42:36.520
individual owner, she would only pay
taxes over two fifty. Correct, she

1290
01:42:36.640 --> 01:42:41.720
would. Hold on, you're mixing
up games. You're mixing up differently.

1291
01:42:41.920 --> 01:42:45.159
You're talking about capital gains tax.
If she had sold, if the decedent

1292
01:42:45.239 --> 01:42:47.520
had sold that condo during her lifetime, she would have gotten two hundred and

1293
01:42:47.520 --> 01:42:53.439
fifty thousand a game before paying capital
gains tax. Capital gains tax the basis

1294
01:42:53.520 --> 01:42:57.880
gets stepped up to her date of
death value when she died. So if

1295
01:42:57.920 --> 01:43:00.800
there's been significant gains she died,
and if you sold it within the year

1296
01:43:00.880 --> 01:43:04.680
of her death. There probably isn't
there. You know, there's no capital

1297
01:43:04.760 --> 01:43:09.680
game, see Andrew. What we
mean is you don't go to her basis.

1298
01:43:10.520 --> 01:43:13.600
You go to your basis. Your
basis is the day she died.

1299
01:43:15.520 --> 01:43:19.680
How much did you sell it for? It was very cheap, it was

1300
01:43:19.880 --> 01:43:25.439
Blinster Gardens five. Well, let's
say it was five hundred thousand or a

1301
01:43:25.520 --> 01:43:30.199
million. And when she died,
even if she bought it at two hundred

1302
01:43:30.199 --> 01:43:33.960
thousand when she died, if it
was worth eight hundred thousand and you sold

1303
01:43:34.000 --> 01:43:39.520
it for a million, you're still
under the amount. So capital gains is

1304
01:43:39.640 --> 01:43:45.159
due on real estate. The estate
pays capital gains, but capital gains are

1305
01:43:45.239 --> 01:43:49.800
not figured on original basis. They're
figured on the stepped up basis. Is

1306
01:43:49.880 --> 01:43:54.399
that correct? That's correct? So
the MOS short answer is, you don't

1307
01:43:54.399 --> 01:43:58.800
know tax act? How do I
pay your final taxes? All right?

1308
01:43:58.840 --> 01:44:00.479
Hold on and we can answer that, okay, because that is important.

1309
01:44:00.720 --> 01:44:05.000
If there are final dozen of state
hacks, the file a tax report for

1310
01:44:05.119 --> 01:44:10.840
final taxes. We'll talk about that
coming up on the Troubleshooter Show. Three

1311
01:44:10.920 --> 01:44:14.000
oh three seven, one, three, eight, two five five on Tom

1312
01:44:14.079 --> 01:44:17.039
Martino with McKenzie log Dan McKenzie,
which is at co Plans dot co.

1313
01:44:17.600 --> 01:44:21.840
Go with a sure thing Denver's Best
roofer Excel Roofing dot com. You don't

1314
01:44:21.880 --> 01:44:29.680
pay a cent until you're content.
Plead time for an insurance check up free,

1315
01:44:29.800 --> 01:44:33.920
no obligation comparison call Compass Insurance paying
too much your coverage at dozens of

1316
01:44:33.960 --> 01:44:38.520
insurance companies find out now three oh
three seven to seven to one help.

1317
01:44:38.720 --> 01:44:42.479
You'll think you're his only customer when
you choose Frank durand the real estate Man

1318
01:44:42.560 --> 01:44:46.000
dot com to list your home with
Remax Alliance three oh three nine two zero

1319
01:44:46.159 --> 01:45:01.640
sixteen twenty two rip. So you
don't have come, run in just as

1320
01:45:01.720 --> 01:45:10.239
fast as we can. Shooter's gonna
help come man. This is the Troubleshooter

1321
01:45:10.399 --> 01:45:15.159
Show. No Tom Martino, Hi, Tom Martino here, Welcome to the

1322
01:45:15.239 --> 01:45:19.880
show. Three O three seven one
three talk three O three seven one three

1323
01:45:19.880 --> 01:45:27.680
eight two five five. We're here
with Dan McKenzie. He is with Mackenzie

1324
01:45:27.760 --> 01:45:30.199
Law. He does a state planning
and we'll talk about anything you want.

1325
01:45:30.239 --> 01:45:33.920
We've had a busy morning, a
lot of things to talk about. I

1326
01:45:34.000 --> 01:45:39.399
want to talk about those gift cards
a guy or prepaid cards a guy talked

1327
01:45:39.439 --> 01:45:43.199
about because it's really important earlier in
the show. By the way, our

1328
01:45:43.279 --> 01:45:45.600
number you can call right now and
reach us at three oh three Martino,

1329
01:45:45.720 --> 01:45:49.680
or leave a message anytime during the
day or night on that number and leave

1330
01:45:49.720 --> 01:45:54.119
your number and we will get back
to you. So this guy bought four

1331
01:45:54.279 --> 01:46:01.439
red Verizon prepaid cards are actually Total
by Verizon cards Total by Verizon, and

1332
01:46:01.560 --> 01:46:10.000
then he bought four Verizon. He
didn't buy four Verizon prepaid cards. Okay,

1333
01:46:10.319 --> 01:46:15.920
there's two different cards, and I
look this up and it's incredible because

1334
01:46:16.600 --> 01:46:26.079
they're two completely different products. Verizon
Prepaid is a totally different card than Total

1335
01:46:26.159 --> 01:46:33.800
by Verizon. Total by Verizon is
a whole separate thing, and it's a

1336
01:46:33.920 --> 01:46:39.920
separate service provided by Verizon. It's
just that's all. And you can only

1337
01:46:40.079 --> 01:46:45.119
use the cards in total for total. So if you buy a Total by

1338
01:46:45.279 --> 01:46:50.760
Verizon card, you can only use
it for total. Buy Verizon, which

1339
01:46:50.880 --> 01:47:02.000
is simply a prepaid market period and
that's it. It's for prepaid phones period.

1340
01:47:04.039 --> 01:47:10.800
Actually is for prepaid everything. Network's
lines, all kinds of stuff.

1341
01:47:11.600 --> 01:47:17.279
It's a no contract network, so
five g Ultra and all those but whatever

1342
01:47:17.359 --> 01:47:21.000
it is, it all comes from
that, and they have like Disney Plus

1343
01:47:21.119 --> 01:47:27.319
that comes with some of the subscriptions. But here's the deal. Verizon Prepaid

1344
01:47:28.319 --> 01:47:33.159
is simply a prepaid service directly by
Verizon. This is so confusing, I

1345
01:47:33.399 --> 01:47:40.239
can't believe it. So here's the
problem. If you buy a card for

1346
01:47:40.520 --> 01:47:47.039
Verizon Prepaid, you buy those cards, they can't be used for Total by

1347
01:47:47.199 --> 01:47:51.439
Verizon. And if you buy a
Total by Verizon card, it can't be

1348
01:47:51.560 --> 01:47:57.800
used for Verizon Prepaid. I've never
been more confused in my life. I

1349
01:47:57.840 --> 01:48:00.319
don't blame that guy. So when
you go to buy a Verizon card,

1350
01:48:02.600 --> 01:48:10.560
if you're a single line customer and
you need to pay for international features and

1351
01:48:10.800 --> 01:48:17.880
all of that, then Verizon Prepaid
is what you're looking for. But if

1352
01:48:17.960 --> 01:48:23.600
you have a specific prepaid plan,
they say you want totaled by Verizon.

1353
01:48:24.079 --> 01:48:29.119
Do you understand what that means?
Because I don't. I'm reading directly from

1354
01:48:29.159 --> 01:48:33.359
them. So this guy can't use
the cards that he bought. And like

1355
01:48:33.479 --> 01:48:40.920
I said, this is crazy,
It's absolutely crazy. Now, what about

1356
01:48:42.960 --> 01:48:49.159
when you have a non compete clause
in your contract? We found out that

1357
01:48:49.399 --> 01:48:59.319
Colorado and many other states do not
enforce most non compete clauses they're very very

1358
01:48:59.439 --> 01:49:03.359
restrictive as to or very it's very
limited which ones will be enforced in the

1359
01:49:03.439 --> 01:49:10.039
courts. Basically, if someone tries
to get you on a non compete,

1360
01:49:12.000 --> 01:49:18.680
they have to show that you have
trade secrets and we're in management, that

1361
01:49:18.840 --> 01:49:26.199
it's reasonable in scope and duration and
geographic area, that you've been paid for

1362
01:49:26.319 --> 01:49:33.920
that period of time, and that
you don't owe them, or they can

1363
01:49:34.000 --> 01:49:38.159
claim you owe them for training and
all of that. But here's the thing.

1364
01:49:39.359 --> 01:49:44.199
Almost no one is given consideration or
compensation for that period of time.

1365
01:49:44.560 --> 01:49:48.920
So if your contract simply says you
can't do this for two years after you

1366
01:49:49.039 --> 01:49:56.600
leave us, it's almost useless because
there's no payment for it. Now,

1367
01:49:56.720 --> 01:50:02.159
some contracts say a portion of what
you're being paid is for the next two

1368
01:50:02.279 --> 01:50:09.159
years or for two years after you
leave us, but even that is questionable,

1369
01:50:09.840 --> 01:50:19.439
so be aware that those kinds of
clauses are hardly ever enforced. We

1370
01:50:19.600 --> 01:50:27.079
also had someone who signed a lease
for six months and thought that it automatically

1371
01:50:27.399 --> 01:50:31.720
ended. Here's the point. It
probably does if it doesn't say anything else.

1372
01:50:32.319 --> 01:50:36.680
But some of these leases for six
months or a year have some stuff,

1373
01:50:38.159 --> 01:50:44.399
have some wording, and here's what
it says something like this, if

1374
01:50:44.479 --> 01:50:51.279
we do not hear from you that
you will be ending the lease within thirty

1375
01:50:51.399 --> 01:50:56.439
days, forty five days, or
sixty days of this lease ending, it

1376
01:50:56.720 --> 01:51:00.880
automatically reverts month to month. So, in other words, even though it's

1377
01:51:00.880 --> 01:51:08.840
a six month lease, you must
let them know if you're terminating and then

1378
01:51:08.960 --> 01:51:14.199
you leave. If not, it's
true you no longer have that six month

1379
01:51:14.319 --> 01:51:17.640
lease or one year lease, but
it will continue month to month. That's

1380
01:51:17.760 --> 01:51:23.880
very important. Don't assume that just
because it's a six month lease you just

1381
01:51:24.000 --> 01:51:28.159
walk away in six months. This
gets a lot of people in trouble,

1382
01:51:30.359 --> 01:51:34.239
and it's really weird. It's really
weird how that can happen. Now,

1383
01:51:35.119 --> 01:51:43.039
another one Brandon sigleyan who's a tenant
landlord attorney and he represents a lot of

1384
01:51:43.159 --> 01:51:46.840
landlords. Basically, he's saying,
you have to be aware of a house

1385
01:51:46.880 --> 01:51:56.560
built twenty four dash ninety eighteen in
Colorado. What this says is that now,

1386
01:51:56.680 --> 01:52:00.359
listen, this is really important if
you're renting out anything, If you're

1387
01:52:00.359 --> 01:52:04.159
a landlord, even if you're only
a landlord for one house, you're renting

1388
01:52:04.199 --> 01:52:08.800
out a house. You know a
lot of people buy a house or two

1389
01:52:08.880 --> 01:52:13.960
to rent out. This is going
to seriously affect you because this is called

1390
01:52:14.279 --> 01:52:18.600
just cause. The nickname is a
just cause bill. This just cause bill

1391
01:52:18.720 --> 01:52:28.560
says this in essence that you must
renew any lease unless you have just cause

1392
01:52:28.720 --> 01:52:31.399
not to. So. Really,
then, if you have a year lease,

1393
01:52:31.600 --> 01:52:34.760
really it could be more than a
year lease. If you have a

1394
01:52:34.800 --> 01:52:36.920
two year lease, it could be
more than two years. If you have

1395
01:52:36.960 --> 01:52:41.359
a six month lease, it could
be more than six months. In fact,

1396
01:52:41.399 --> 01:52:44.920
if you have a month to month
lease, it could be more.

1397
01:52:45.079 --> 01:52:48.680
It could be ever forever unless you
have just cause. And guess what,

1398
01:52:49.119 --> 01:52:58.880
just wanting to get your house back
is not just cause. So this is

1399
01:52:59.560 --> 01:53:05.680
being considered by our liberal lawmakers in
Colorado. And I mentioned that because that's

1400
01:53:05.800 --> 01:53:10.800
exactly what it is. It's a
liberal move to help tenants. And that

1401
01:53:11.039 --> 01:53:15.800
is what progressives are known for.
And by the way, I have something

1402
01:53:15.800 --> 01:53:20.920
to say about that. There's nothing
wrong with having progressive laws and conservative laws,

1403
01:53:20.960 --> 01:53:24.960
depending on what you're talking about.
When it comes to consumers' rights.

1404
01:53:25.039 --> 01:53:28.880
I love progressive some of the progressive
laws, some of them are stupid,

1405
01:53:28.960 --> 01:53:32.119
like this one. But I'm going
to tell you a progressive law I think

1406
01:53:32.159 --> 01:53:36.439
they should pass. But this one
is to just cause law. And if

1407
01:53:36.439 --> 01:53:41.520
they are bill, and if it's
passed into law, it's going to be

1408
01:53:41.720 --> 01:53:45.600
terrible. Landlords have to have just
cause to get rid of tenants, and

1409
01:53:45.680 --> 01:53:51.479
then they have to prove it.
Just cause would be lack of payment or

1410
01:53:51.600 --> 01:53:57.279
if you're moving into your home,
or if they're a nuisance, but it

1411
01:53:57.399 --> 01:54:00.479
must be proven. So really,
somebody just refuses to leave and says you

1412
01:54:00.600 --> 01:54:04.399
have to renew me, that's it. Then you have to prove you have

1413
01:54:04.640 --> 01:54:09.880
just cause. Think about that.
Evictions are not going to be easy at

1414
01:54:09.920 --> 01:54:15.640
all. Now as long as the
progressive or liberals in Colorado are making all

1415
01:54:15.800 --> 01:54:20.279
kinds of laws, they've criminalized things, they're helping tenants, They've done a

1416
01:54:20.399 --> 01:54:28.039
lot of things in their mind to
help consumers. And I'm not saying that's

1417
01:54:28.079 --> 01:54:33.039
a bad thing in all cases,
But why haven't they helped people living in

1418
01:54:33.359 --> 01:54:42.520
hoa communities. Why is it that
every law that is brought up in our

1419
01:54:42.680 --> 01:54:48.880
liberal or progressive legislature is turned down
when it comes to helping people in hoa

1420
01:54:49.000 --> 01:54:58.520
communities. Now HOA communities, big
hoas and law firms and management companies would

1421
01:54:58.680 --> 01:55:02.119
usually be favored by conservatives. I
mean, this is just historic. I'm

1422
01:55:02.159 --> 01:55:05.399
not talking politically here. I am, but I'm not. I'm not saying

1423
01:55:05.439 --> 01:55:09.680
one is bad and one is good. Usually conservatives will say, no,

1424
01:55:09.720 --> 01:55:14.279
I don't put any restrictions on these
has and these big management companies. Let

1425
01:55:14.479 --> 01:55:18.840
free enterprise take over, whereas liberals
would usually say people need protection from large

1426
01:55:18.920 --> 01:55:25.960
corporations and large has. But in
this case, hoas and management companies,

1427
01:55:26.479 --> 01:55:32.000
they thrive in both a conservative and
a liberal environment. They thrive they can

1428
01:55:32.079 --> 01:55:38.920
do anything they want, practically anything
they want. So I think you have

1429
01:55:39.159 --> 01:55:44.680
to make it more on the residence
side. People who live in condos and

1430
01:55:44.760 --> 01:55:49.239
town homes have to have more access
to records without being charged ridiculous fees,

1431
01:55:49.760 --> 01:55:54.720
and they have to have a right
to question expenses and all of that.

1432
01:55:55.960 --> 01:55:58.880
Now, obviously they have to pay
their dues and all of that, but

1433
01:55:59.319 --> 01:56:02.479
there's got be a better mechanism for
the exchange of information. Right now,

1434
01:56:02.680 --> 01:56:05.239
HA say, well, that's just
the way it is. And if you

1435
01:56:05.279 --> 01:56:11.640
want to see the records. One
HOA actually went so far as to say

1436
01:56:11.800 --> 01:56:15.800
it was going to cost eleven dollars. This is applewood. The HOA guy

1437
01:56:16.000 --> 01:56:18.640
says, oh no, if you
want to see the records. It's going

1438
01:56:18.680 --> 01:56:24.520
to be eleven. Why can't you
give online access to residents so they can

1439
01:56:24.560 --> 01:56:27.479
see the budget? What would be
wrong with that? Who cares? I

1440
01:56:27.520 --> 01:56:30.399
mean, they have a right to
see the budget. No, no grant,

1441
01:56:30.560 --> 01:56:33.239
grant you. I know a lot
of owners they get pissed off when

1442
01:56:33.239 --> 01:56:40.760
their HOA does go up. I
get that, but they should have a

1443
01:56:40.880 --> 01:56:45.119
right to see the expenses. There's
nothing wrong with that. So these are

1444
01:56:45.199 --> 01:56:48.199
some of the things we've been discussing
on the show. Deputy Doc has a

1445
01:56:48.279 --> 01:56:54.159
comment, Go ahead, Doc,
what's going on? Hey Tom? Yes,

1446
01:56:54.199 --> 01:56:59.720
sir, I have two questions.
If if that thing with the least

1447
01:56:59.760 --> 01:57:05.199
can does that allow the landlord to
raise the rent or does it have to

1448
01:57:05.319 --> 01:57:10.840
have continuing the same rent. If
so, it's just a sneaky way to

1449
01:57:10.920 --> 01:57:14.720
get rent controls into Denver the way
they did in New York. Yeah,

1450
01:57:14.880 --> 01:57:17.560
except that's not the case in this
case. I'll talk about it coming right

1451
01:57:17.600 --> 01:57:20.119
back. I'll tell you how they
get around that. Three oh three seven

1452
01:57:20.159 --> 01:57:29.520
one three eight two five five.
Go with a sure thing Denver's best roofer

1453
01:57:29.680 --> 01:57:35.920
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1454
01:57:36.000 --> 01:57:41.720
an insurance check up free no obligation. In comparison, call Compass Insurance paying

1455
01:57:41.800 --> 01:57:45.840
too much your coverage at dozens of
insurance companies find out now three oh three

1456
01:57:45.000 --> 01:57:48.760
seven seven to one help. You'll
think you're his only customer when you choose

1457
01:57:48.800 --> 01:57:54.199
Frank durand the real estate man dot
com to list your home with Remax Alliance

1458
01:57:54.439 --> 01:58:00.319
three oh three nine two zero sixteen
twenty two him you know you're troubleshooter three

1459
01:58:00.399 --> 01:58:03.960
h three seven one three talks seven
one three eight two five five. Can

1460
01:58:04.039 --> 01:58:08.479
we get Brandon Sigali and on by
the way working on it? Yeah,

1461
01:58:08.479 --> 01:58:13.439
I have another question for him.
Deputy Doc brought up something he said with

1462
01:58:13.600 --> 01:58:16.520
this just caused bill, if it
goes into a law, it would say

1463
01:58:16.600 --> 01:58:25.199
that you must renew the lease.
You must renew it unless you have just

1464
01:58:25.399 --> 01:58:30.680
caused not to. But does that
mean you must renew it at the same

1465
01:58:30.840 --> 01:58:33.720
terms and conditions? And if so? Doc brings up a good point.

1466
01:58:34.199 --> 01:58:39.319
If you're paying let's say twenty five
hundred a month and all the rent around

1467
01:58:39.359 --> 01:58:41.960
you is going up, I mean, does it mean we have rent control

1468
01:58:42.039 --> 01:58:47.960
now or does it just renew?
And do you get to raise the rent

1469
01:58:48.439 --> 01:58:51.600
or does it have built in rent
controls. Doc. I don't know the

1470
01:58:51.680 --> 01:58:58.520
answer to that. All I know
is if a lease goes month to month,

1471
01:59:00.039 --> 01:59:05.640
you can raise rent under normal conditions, but I don't know what happens

1472
01:59:05.720 --> 01:59:13.720
with this new law. I'm going
to try to get Brandon siglian On to

1473
01:59:13.840 --> 01:59:17.199
find that out. Good We got
him. Bring him up, Brandon.

1474
01:59:18.319 --> 01:59:23.680
Thanks jem Listen, I have a
question for you that somebody brought up,

1475
01:59:23.760 --> 01:59:30.079
Deputy Doc who works with us.
So let's say this goes into law and

1476
01:59:30.199 --> 01:59:36.079
the just cause clause says the landlord
must renew under a must renew the lease

1477
01:59:36.159 --> 01:59:41.520
unless they have just cause not to. So let's say somebody's renting a place

1478
01:59:41.600 --> 01:59:46.079
for twenty five hundred a month and
it's the end of a year lease and

1479
01:59:46.319 --> 01:59:50.680
I do not have just cause I
have to renew. Does that mean I

1480
01:59:50.840 --> 01:59:56.760
must renew for another year? And
do I have to charge the same rent

1481
01:59:56.920 --> 02:00:00.239
or is there a limit to what
I can increase. That's a good question,

1482
02:00:00.399 --> 02:00:04.119
Tom. It's a little bit nuanced
and not quite clear in the law,

1483
02:00:04.239 --> 02:00:10.960
but yes, essentially, there can
be just caused if you propose a

1484
02:00:11.159 --> 02:00:14.640
new lease at the end of the
year and the tenant refuses to sign it.

1485
02:00:15.239 --> 02:00:20.119
But the terms have to be substantially
similar, and you can't increase rent

1486
02:00:20.239 --> 02:00:25.159
for the purpose of getting around the
law. So in other words, you

1487
02:00:25.199 --> 02:00:30.000
can't say I'm going to triple the
rent that'll get them out. But that's

1488
02:00:30.119 --> 02:00:32.279
vague. I mean, is there
an actual percentage limit to what I can

1489
02:00:32.359 --> 02:00:36.520
raise the rent or what No,
sir, it just says or you have

1490
02:00:36.720 --> 02:00:42.680
you can't do it in retaliation.
So what is an amount that's commercially reasonable

1491
02:00:44.079 --> 02:00:46.680
is unknown. See, this is
going to cause a lot of lawsuits.

1492
02:00:46.760 --> 02:00:53.680
So Brandon, you're telling me that
they will require landlords to renew leases.

1493
02:00:53.800 --> 02:00:57.359
Does it mean if it was a
five year lease they have to renew it

1494
02:00:57.479 --> 02:01:00.760
for five years, or if it's
a one year least, do they have

1495
02:01:00.960 --> 02:01:04.920
to do it for one year.
It's not clear, but effectively the same

1496
02:01:05.079 --> 02:01:11.079
terms as the previous lease. So
yes, having long term leases like that

1497
02:01:11.199 --> 02:01:15.479
would be very problematic as well as
it's gonna be problematic for a landlord to

1498
02:01:15.840 --> 02:01:21.039
take any kind of risk analysis on
you know, when to try to get

1499
02:01:21.079 --> 02:01:26.319
the lease to end. Like as
you mentioned earlier, it's an unknown quantity.

1500
02:01:26.359 --> 02:01:30.239
You don't know when you're leasing to
somebody how long they think they're going

1501
02:01:30.279 --> 02:01:36.000
to stay, because it's absolutely ridiculous. Yeah, I mean, it really

1502
02:01:36.199 --> 02:01:43.199
is absolutely ridiculous. Yeah, there's
a lot of tenants and situations that you

1503
02:01:43.279 --> 02:01:47.199
can't prove as a landlord. It's
tough to prove you've got drug activity,

1504
02:01:47.279 --> 02:01:50.960
but you can't prove it you've got
you know, you've got legal chop shop.

1505
02:01:51.000 --> 02:01:55.159
I've got that. Cause those are
tough cases for a landlord to prove,

1506
02:01:55.720 --> 02:01:57.680
and now they have to go to
they're going to have to prove it.

1507
02:01:57.760 --> 02:02:02.960
They just can't wait for the least
to expire to get about. Look

1508
02:02:03.000 --> 02:02:09.399
at I think that tenants need some
protection from a landlord who's crazy that just

1509
02:02:09.479 --> 02:02:13.439
wants to make life difficult for people. But if you sign a one year

1510
02:02:13.520 --> 02:02:16.039
lease, it's a one year lease. I mean, I think it's unfair

1511
02:02:16.880 --> 02:02:20.720
to you know, I don't know. It just seems weird to me that

1512
02:02:20.880 --> 02:02:27.000
you're trying to tell people what to
do with private property exactly. And that's

1513
02:02:27.039 --> 02:02:30.600
been one of the primary points that
this is basically a taking of property and

1514
02:02:30.680 --> 02:02:33.560
it's an influence with the contractual rights
of the parties to decide what they want

1515
02:02:33.600 --> 02:02:38.800
to do with their property. But
this has been apparently tried in a few

1516
02:02:38.880 --> 02:02:42.840
states, in a few cities,
and it's kind of the trend to go.

1517
02:02:43.359 --> 02:02:45.800
You know, my concern is affordability
and availability. You know, I

1518
02:02:45.880 --> 02:02:48.640
have three kids on my own that
I want to be able to afford the

1519
02:02:48.680 --> 02:02:51.920
rent and be able to find a
place one day, and there's gonna be

1520
02:02:51.960 --> 02:02:55.680
a lot of landlords or to stay
the heck with it. And once you

1521
02:02:55.760 --> 02:03:00.439
put all the all of the rentals
in the possession of only a handful of

1522
02:03:00.119 --> 02:03:03.560
management companies, which is going on
around the United States in the last decade,

1523
02:03:04.000 --> 02:03:08.840
a few companies have started to buy
up all the rentals, then they'll

1524
02:03:08.880 --> 02:03:13.279
have the ability to just make the
terms, you know, and the rents

1525
02:03:13.279 --> 02:03:16.720
will go up, the availability will
go down, and you know, that's

1526
02:03:16.800 --> 02:03:20.880
just not actually good for tenants in
the long run. Man, is this

1527
02:03:21.119 --> 02:03:27.359
crazy, Brandon? I mean,
I don't know, you know, I

1528
02:03:27.439 --> 02:03:29.800
don't know what it's going to do
to the market, but it's not going

1529
02:03:29.880 --> 02:03:31.720
to be good. Whenever you try
to interfere with the free market, it

1530
02:03:31.840 --> 02:03:38.520
gets crazy. Now exactly. I'm
surprised they didn't just come right out and

1531
02:03:38.640 --> 02:03:45.479
do rent controls. They have tried
last session Governor Polis has made it clear

1532
02:03:45.600 --> 02:03:50.800
that he's not a strong supporter of
rent control. They passed twelve bills last

1533
02:03:51.159 --> 02:03:56.119
session, and Governor pull has actually
issued a little letter to cascaucas saying,

1534
02:03:56.800 --> 02:03:58.960
I see what you're doing here,
a lot of new laws, but it

1535
02:03:59.039 --> 02:04:02.720
doesn't seem to help with affordability and
availability. So maybe you need to kind

1536
02:04:02.760 --> 02:04:05.960
of go back to the drawing board. And I don't think they took his

1537
02:04:09.399 --> 02:04:14.159
took that to heart, but this
just caused addiction, in my opinion,

1538
02:04:14.199 --> 02:04:16.560
as a precursor to rent control.
They need this in effect in order to

1539
02:04:16.640 --> 02:04:25.319
effectuate rent control. Brandon, have
you heard of this new thing in California?

1540
02:04:25.520 --> 02:04:30.199
Because you know as well as I
do, what starts in California eventually

1541
02:04:30.439 --> 02:04:34.039
ends up in Colorado. I mean
that has been the trend now for the

1542
02:04:34.159 --> 02:04:43.800
last fifteen years. Yeah, it's
called yardsworth And I heard that one to

1543
02:04:44.239 --> 02:04:48.399
now you have I have not.
Okay, here's what it is. Because

1544
02:04:48.479 --> 02:04:54.199
there's such a housing shortage. You
know how everyone used to fight to keep

1545
02:04:54.279 --> 02:04:59.840
their neighborhoods to a certain level,
certain size homes, certain numbers of homes,

1546
02:05:00.079 --> 02:05:04.000
a lot certain things right at unrelated
parties living together all that's going to

1547
02:05:04.079 --> 02:05:09.399
hell. They're going to allow unrelated
parties to live together. They're going to

1548
02:05:09.600 --> 02:05:13.239
let I mean as far as families
more than three. They're gonna it's going

1549
02:05:13.760 --> 02:05:19.159
right now. The emphasis is on
reducing homelessness. So in California they decided,

1550
02:05:19.279 --> 02:05:25.359
no matter what kind of neighborhood you're
in in if you're in California,

1551
02:05:25.840 --> 02:05:31.279
you can subdivide your yard. This
company comes in. Now listen, I

1552
02:05:31.399 --> 02:05:39.279
swear to God, this company comes
in and sub divide your yard and make

1553
02:05:39.439 --> 02:05:42.600
if you have a backyard in a
side yard that people can walk to,

1554
02:05:43.760 --> 02:05:47.439
they will sub divide your yard and
pay you for it and then build a

1555
02:05:47.520 --> 02:05:56.239
tiny home on it. Think about
that. They're allowing that. So you

1556
02:05:56.359 --> 02:06:00.079
could be in a neighborhood with big
lots forget. It could be a neighborhood

1557
02:06:00.079 --> 02:06:02.760
of here's a big one, little
one, big one, little one,

1558
02:06:03.199 --> 02:06:08.319
big, little, little, little, little big. It's called yardsworth.

1559
02:06:08.399 --> 02:06:13.000
People need to look at it.
But I think that'll be coming here.

1560
02:06:14.760 --> 02:06:16.640
Keith has a question about this bill. Go ahead, Keith, what's your

1561
02:06:16.720 --> 02:06:23.039
question? Okay, Tom, I
guess I'm confused. Is the bill about

1562
02:06:23.159 --> 02:06:28.800
rent control or is the bill about
taking away a property owner's ability to actually

1563
02:06:29.159 --> 02:06:31.359
remove a tenant. I can't just
so they're saying, I can't just end

1564
02:06:31.520 --> 02:06:38.760
someone's least. That's right. You
have to renew it unless unless you have

1565
02:06:39.079 --> 02:06:43.159
just cause not to. Okay,
what' isn't that right, Brandon? Cause?

1566
02:06:43.760 --> 02:06:49.439
Correct? And what are they considering
just cause about? Just because I

1567
02:06:49.560 --> 02:06:53.680
don't want a renter in themore?
I want to move back in now,

1568
02:06:53.720 --> 02:06:56.640
if you want to move back in, that's one of the allowables, right,

1569
02:06:57.039 --> 02:07:00.159
Brandon, it is. But it's
again, you know, they made

1570
02:07:00.199 --> 02:07:04.560
it so complicated. If you if
it is basically your only home, if

1571
02:07:04.640 --> 02:07:10.199
you have multiple perposes and you could
move into another property, then they let's

1572
02:07:10.199 --> 02:07:12.840
say you'll move into your other property, don't move into the back to the

1573
02:07:12.920 --> 02:07:15.439
one that's been your family home for
ten years or whatever that might be.

1574
02:07:16.399 --> 02:07:20.960
So it has to be a property
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1575
02:07:21.079 --> 02:07:26.199
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1576
02:07:26.319 --> 02:07:33.600
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1577
02:07:33.720 --> 02:07:39.439
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1578
02:07:39.520 --> 02:07:42.439
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1579
02:07:42.520 --> 02:07:45.359
his only customer when you choose Frank
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1580
02:07:45.479 --> 02:07:50.199
list your home with Remax Alliance three
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1581
02:07:51.479 --> 02:07:58.199
Hi Tom Martino, your troubleshooter three
o three seven one three talk three

1582
02:07:58.239 --> 02:08:03.840
oh three seven one three eight two
five five. So let's continue. Gerald

1583
02:08:03.960 --> 02:08:07.399
has unclaimed property he wants to talk
about. Go ahead, Gerald, Yes,

1584
02:08:07.479 --> 02:08:13.560
sir, you know I got a
postcard back in twelve six of twenty

1585
02:08:13.640 --> 02:08:20.840
two that I had unclaimed property.
I went ahead online. I filled out

1586
02:08:20.880 --> 02:08:28.520
all the papers the Department of Treasury
Unclaimed Property. They have forums to fill

1587
02:08:28.560 --> 02:08:33.239
out. Who sent you the information? Who sent you the information? The

1588
02:08:33.359 --> 02:08:39.720
state? It was the state,
because hold on, I don't know of

1589
02:08:39.800 --> 02:08:43.640
the state sending out information ever.
But you got this from the state.

1590
02:08:43.720 --> 02:08:52.199
Yes, it's the State of Colorado, Department of the Treasury Unclaimed Property Division.

1591
02:08:52.920 --> 02:08:58.520
Wow. Okay, And so what
did they say? How much did

1592
02:08:58.560 --> 02:09:03.039
they say you had coming n and
fifty nine dollars and seventy one cents?

1593
02:09:03.640 --> 02:09:09.479
And where'd they say it came from? They didn't. I don't know how

1594
02:09:09.680 --> 02:09:15.159
they got it. I've got a
small business, and Gerald, I'm very

1595
02:09:15.439 --> 02:09:18.880
I am very very surprised, I
really am. Do you know, Dan,

1596
02:09:20.159 --> 02:09:24.000
you deal a lot with properties and
stuff. I don't. I know

1597
02:09:24.199 --> 02:09:28.800
that treasure hunters send those out and
take a percentage. But I've never heard

1598
02:09:28.880 --> 02:09:33.279
of the government tell from a cheet
funds telling people to have money there.

1599
02:09:33.479 --> 02:09:37.000
Have you heard of that? I
don't. I feel like I've been notified,

1600
02:09:37.039 --> 02:09:39.920
but it might have been one of
the one of the ass that you

1601
02:09:39.000 --> 02:09:45.039
mentioned. Can you tell me do
you have that notice there? Yes?

1602
02:09:46.319 --> 02:09:50.680
And it looks legit to you,
right, Oh yeah? And in turn,

1603
02:09:52.119 --> 02:09:56.600
I went online and it does show
that they owe me money. I

1604
02:09:56.640 --> 02:10:03.439
don't know how they got my check. It was from a job that I

1605
02:10:03.600 --> 02:10:09.840
did from Safeway, because I do
work for Safeway food stores. Well,

1606
02:10:09.920 --> 02:10:15.359
it had to have been deposited,
listen. It had to have been deposited

1607
02:10:15.520 --> 02:10:20.920
somewhere and left abandoned, and then
it's transferred to as cheet funds with the

1608
02:10:22.000 --> 02:10:28.439
treasury. But but is there an
account you might have closed and what happened

1609
02:10:28.520 --> 02:10:33.479
is the bank got the check after
you closed it or shortly whatever you forgot

1610
02:10:33.520 --> 02:10:37.479
about it. Oh yeah, I
did close one bank account, which I

1611
02:10:37.600 --> 02:10:39.760
think it was. And okay,
well then that's what happened. So what

1612
02:10:39.960 --> 02:10:45.479
is your question about getting the money? I can't get it. I sent

1613
02:10:45.680 --> 02:10:50.239
all the paperwork and then they says, no, it doesn't go my TIN

1614
02:10:50.399 --> 02:10:56.319
number for my business. I had
to go to the IRS to get a

1615
02:10:56.399 --> 02:11:03.199
paper showing that that is my number. Then I sent everything back to them

1616
02:11:05.079 --> 02:11:09.119
and I'm still waiting. This was
back in November that I sent the new

1617
02:11:11.359 --> 02:11:16.239
How do you know it was a
payment from Safeway? Well, it states

1618
02:11:16.319 --> 02:11:22.039
on here reporting company is Safeway Incorporated. Okay, here's what you do.

1619
02:11:22.960 --> 02:11:28.079
Go to Safeway and tell them and
let them because if that was never cashed,

1620
02:11:28.520 --> 02:11:35.479
you get the money, right,
so let them just take go ahead.

1621
02:11:35.840 --> 02:11:41.920
But Colorado says they have it.
But I don't understand why you can't

1622
02:11:41.000 --> 02:11:45.760
get it. I mean, what
is it is this business? Is it

1623
02:11:45.840 --> 02:11:48.880
made out to you personally or to
your company? No, it's my company

1624
02:11:50.000 --> 02:11:56.079
name. Is your company still in
business? Yes? And what do they

1625
02:11:56.199 --> 02:12:07.000
mean your PIN number is wrong?
Uh? My taxpayer ID number? Oh?

1626
02:12:07.039 --> 02:12:11.119
Well is it wrong or right?
No? I got the paper from

1627
02:12:11.199 --> 02:12:16.720
the IRS to show and that this
is the right number, because I send

1628
02:12:16.760 --> 02:12:22.760
them a double but does the check
make mention of a different number. No,

1629
02:12:24.159 --> 02:12:28.479
then what do they mean your pin
your EI in number? It's your

1630
02:12:28.520 --> 02:12:33.000
EI in number I think you're talking
about. They say it doesn't match their

1631
02:12:33.079 --> 02:12:37.720
records. Right, Well, no, I gave them my social security number

1632
02:12:39.279 --> 02:12:45.279
and they says no, they wanted
my business number. So I hear EI

1633
02:12:45.520 --> 02:12:50.960
n right, Yeah, So I
sent that to him and nobody to call.

1634
02:12:50.239 --> 02:12:56.359
There's nobody to talk to. I
did go down to the office down

1635
02:12:56.399 --> 02:13:01.880
there on two hundred East Cofax,
and there's a gal there that takes the

1636
02:13:03.039 --> 02:13:09.039
forms. I gave her all these
forms and she says thank you. I

1637
02:13:09.119 --> 02:13:13.159
says, is there any way to
check? Call the number? You call

1638
02:13:13.239 --> 02:13:20.159
the number and nobody answers. They
just tell you to go online check and

1639
02:13:20.319 --> 02:13:26.760
it keeps saying the same thing.
They're still waiting for information, and that's

1640
02:13:26.800 --> 02:13:31.720
all it says. Does it say
what information? No? If you start

1641
02:13:31.800 --> 02:13:39.359
from scratch, If you start from
scratch, what happens. Well, I

1642
02:13:39.479 --> 02:13:45.479
sent it in with my social Security
number. It's not going to work.

1643
02:13:45.560 --> 02:13:48.600
They want your EI number. Yeah. Well, I send them a W

1644
02:13:48.840 --> 02:13:56.399
two with the EI number on it
and I circled it in read to show

1645
02:13:56.439 --> 02:13:58.840
them and he says, no,
they don't. They need more information.

1646
02:14:05.560 --> 02:14:09.840
Okay, your EI in number when
you go online, and they ask when

1647
02:14:09.880 --> 02:14:15.199
you go online and start over and
put in your EI in instead of your

1648
02:14:15.279 --> 02:14:18.960
social security not sending in a form
and circling it, but doing it online.

1649
02:14:20.399 --> 02:14:24.479
Have you tried that? Well,
it says that I'm putting in the

1650
02:14:24.560 --> 02:14:31.960
wrong information even when you put in
your EI in number. Yes, okay,

1651
02:14:33.520 --> 02:14:37.680
I don't know. Why don't they
have a phone person that will answer

1652
02:14:37.760 --> 02:14:43.600
to damn phone. Well, I'll
tell you why. Because they can't afford

1653
02:14:43.680 --> 02:14:48.399
it anymore. No one has phone
support anymore. I'm looking at the website

1654
02:14:48.439 --> 02:14:52.319
that says that they claim phone hours
are from Tuesday to Thursday, from nine

1655
02:14:52.399 --> 02:14:56.159
am to three pm. They do
have phone hours. I got to take

1656
02:14:56.159 --> 02:14:58.720
a break man hold on three oh
three seven one three eight two five five

1657
02:15:01.439 --> 02:15:05.720
go with a sure thing Denver's Best
roofer Excel roofing dot com. You don't

1658
02:15:05.720 --> 02:15:11.520
pay a cent until you're content.
Time for an insurance check up free,

1659
02:15:11.640 --> 02:15:16.279
no obligation. In comparison, call
Compass insurance paying too much your coverage at

1660
02:15:16.319 --> 02:15:20.000
dozens of insurance companies find out now
three O three seven to seven to one

1661
02:15:20.119 --> 02:15:24.800
help. You'll think you're his only
customer when you choose Frank durand the real

1662
02:15:24.880 --> 02:15:28.439
estate man dot com to list your
home with Remax Alliance three oh three nine

1663
02:15:28.479 --> 02:15:35.560
two zero sixteen twenty two. I'm
Martino here three three seven one three Talk

1664
02:15:35.640 --> 02:15:39.520
Jay. You have a comment on
the Colorado give Back. This guy's having

1665
02:15:39.560 --> 02:15:43.079
a problem. But our attorney today, Dan McKenzie, found that they do

1666
02:15:43.239 --> 02:15:46.560
take phone calls on certain days,
So Gerald, I'd recommend those days.

1667
02:15:46.640 --> 02:15:52.680
What's your comment, Jay, I
think it's a big lie. The Great

1668
02:15:52.720 --> 02:15:56.399
Colorado give Back has never given anybody
their money back. We you know,

1669
02:15:56.720 --> 02:16:01.039
we've tried to try to try to
get our hitting stack just for laughs,

1670
02:16:01.079 --> 02:16:03.079
to see what it would take to
get it back. We've been doing that

1671
02:16:03.239 --> 02:16:07.479
for fifteen years. Maybe wait a
minute, Wait a minute, I've got

1672
02:16:07.720 --> 02:16:11.640
I've gotten money back from them.
You've never gotten any money back. So

1673
02:16:11.920 --> 02:16:15.479
I send my wife things once in
a great, great while. It says

1674
02:16:16.159 --> 02:16:18.279
when it comes from Colorado, it
says how much it is. We've had

1675
02:16:18.319 --> 02:16:22.279
the minor guys, you know,
send us at first money there, and

1676
02:16:22.359 --> 02:16:28.319
then we've had search through her social
Security number and it comes up with there's

1677
02:16:28.399 --> 02:16:31.359
money there. But We've never been
able to get it back. You know,

1678
02:16:31.640 --> 02:16:33.000
Jay, I'm going to look into
this. Maybe we're going to get

1679
02:16:33.040 --> 02:16:37.840
someone from States and PR people.
But Gerald, what are those calls?

1680
02:16:37.079 --> 02:16:41.680
Do you have those calls? If
they were it was Tuesday to Thursday nine

1681
02:16:41.719 --> 02:16:46.399
to three Tuesday, Wednesday and Thursday
nine am to three pm, Gerald,

1682
02:16:46.479 --> 02:16:52.440
they say they'll take your phone call. It's an automated call center that tells

1683
02:16:52.479 --> 02:16:58.760
you to go online or are you
kidding me? Not try it? They

1684
02:17:00.120 --> 02:17:03.600
will not talk to you. There
is no life person. God Almighty,

1685
02:17:03.719 --> 02:17:09.360
this is getting ridiculous. Listen,
No, I've been doing this for almost

1686
02:17:09.440 --> 02:17:13.639
a year now, Okay, hold
on. I just want to tell people

1687
02:17:13.079 --> 02:17:16.920
I got a lot of email about
Grossman Wellness. Yes I am a patient,

1688
02:17:18.000 --> 02:17:22.159
and I just want you to know
that it's a few hundred bucks a

1689
02:17:22.239 --> 02:17:26.959
month for everything. I just want
you to know that Grossmanwellness dot Com two

1690
02:17:28.079 --> 02:17:31.559
hundred and forty nine to get your
initial examine blood work with no obligation,

1691
02:17:31.760 --> 02:17:35.840
but you get a ton of information
Grossman Wellness dot Com. Thank you Dan

1692
02:17:35.920 --> 02:17:41.120
mackenzie for being here. We appreciate
it. He's at Coplans dot Co.

