WEBVTT 1 00:00:05.280 --> 00:00:09.720 Ripped off, bad news, need advice? 2 00:00:09.759 --> 00:00:14.720 Who you don't have? Come running just as fast as 3 00:00:14.759 --> 00:00:15.240 we can. 4 00:00:16.039 --> 00:00:17.800 Shooter's gonna help. 5 00:00:18.079 --> 00:00:20.879 Come man, this is. 6 00:00:20.839 --> 00:00:22.160 The Troubleshooter Show. 7 00:00:22.760 --> 00:00:26.239 No Tom Martinez, welcome, Welcome. 8 00:00:25.800 --> 00:00:27.800 To the show. And as you know, it's the only 9 00:00:27.839 --> 00:00:28.440 show of it's kind. 10 00:00:28.480 --> 00:00:32.719 We're here to solve your problems, answer complaints and uh 11 00:00:32.920 --> 00:00:35.840 I'm sorry, take your complaints and recoup your money. 12 00:00:35.840 --> 00:00:36.759 That's my favorite part. 13 00:00:36.799 --> 00:00:40.600 You got a bad contractor out there and basically need help. 14 00:00:41.359 --> 00:00:43.320 We use the power of the media. Think about that. 15 00:00:43.359 --> 00:00:46.240 We use this big radio tower. In fact, I think 16 00:00:46.280 --> 00:00:49.079 our radio tower the KOA ones in Parker. I'm not 17 00:00:49.119 --> 00:00:51.920 actually sure where ky House is, but we use that 18 00:00:52.039 --> 00:00:55.560 tower to broadcast and warn people of bad, bad guys 19 00:00:55.600 --> 00:00:58.399 out there, bad landlords, bad people in general. If you 20 00:00:58.439 --> 00:01:00.560 go to Sleavesbrigade dot com, you'll see a lot of 21 00:01:00.600 --> 00:01:03.320 the worst of the worst. We do have lines open. 22 00:01:03.399 --> 00:01:05.719 We just started the show. I've got a great guest today, 23 00:01:06.400 --> 00:01:09.280 Brad O'Brien. Welcome to the show. Brad, of course, is 24 00:01:09.319 --> 00:01:14.480 an attorney anything real estate. I guess that's probably the 25 00:01:14.599 --> 00:01:19.599 best way to push it. Commercial residential closing docs, property 26 00:01:19.680 --> 00:01:23.200 line disputes anything, right, I mean, really, Brad, is there 27 00:01:23.239 --> 00:01:26.599 anything in real estate you guys don't do over it 28 00:01:26.799 --> 00:01:28.959 your firm. 29 00:01:29.079 --> 00:01:30.560 I suppose that there's environmental damage. 30 00:01:30.560 --> 00:01:31.760 We don't really do too much of that, but we 31 00:01:31.799 --> 00:01:34.040 do help people buy and sell real estate, both residential 32 00:01:34.079 --> 00:01:38.239 and commercial. And there's a dispute and involving real estate, we 33 00:01:38.239 --> 00:01:39.719 get involved in that, even go to court. 34 00:01:39.840 --> 00:01:42.840 Yeah, absolutely, So yeah, you'll go to court and you'll 35 00:01:42.840 --> 00:01:44.760 fight and you'll litigate, right, yes, yeah. 36 00:01:44.879 --> 00:01:45.879 And there's a lot of people. 37 00:01:45.920 --> 00:01:48.519 It's kind of funny a lot of attorneys, some attorneys 38 00:01:48.519 --> 00:01:49.840 really never go into court ever. 39 00:01:50.319 --> 00:01:53.319 I mean really in real estate, A lot of attorneys 40 00:01:53.400 --> 00:01:55.680 pick one side or the other transactions or litigation, but 41 00:01:55.719 --> 00:01:56.920 I actually straddle into both. 42 00:01:57.079 --> 00:01:59.400 You do both. You know who else does that? Is 43 00:02:00.000 --> 00:02:00.959 election attorneys. 44 00:02:01.400 --> 00:02:04.319 I'm trying to I'm helping my sister in law in Georgia, 45 00:02:04.640 --> 00:02:06.760 and I'm trying to find her the right attorney out there. 46 00:02:06.799 --> 00:02:10.360 And I'm finding that a lot of collection attorneys, not 47 00:02:10.479 --> 00:02:14.319 collection agencies, but attorneys not only will they collect for you, 48 00:02:14.680 --> 00:02:18.360 but they'll also help defend collections from you. And I 49 00:02:18.400 --> 00:02:20.680 didn't realize that. I figured they'd just be one or 50 00:02:20.719 --> 00:02:23.319 the other. But I'm finding a lot of firms they 51 00:02:23.360 --> 00:02:25.759 do literally both, which makes sense, and I like the 52 00:02:25.800 --> 00:02:26.520 fact you do that. 53 00:02:27.039 --> 00:02:29.919 Well, I'm not a plaintiff attorney or a defendant attorney, 54 00:02:30.319 --> 00:02:33.400 whichever side calls me first. Like a landlord's situation, if 55 00:02:33.400 --> 00:02:35.479 the tenant calls me first, I'll represent the tenant. Wise, 56 00:02:35.520 --> 00:02:37.000 I'll represent the landlord if they call me first. 57 00:02:37.240 --> 00:02:39.840 And the problem with that, it's not that it's a problem. 58 00:02:39.879 --> 00:02:42.879 I know you do that, but generally speaking, the tenant 59 00:02:43.560 --> 00:02:46.400 is probably facing eviction. That would be your probably your 60 00:02:46.479 --> 00:02:50.960 number one call from a tenant, yeah, yeah, And then 61 00:02:51.000 --> 00:02:54.120 what happens is generally it's because of non payment. 62 00:02:54.199 --> 00:02:55.240 And tell me if I'm wrong. 63 00:02:55.319 --> 00:03:02.599 I'm just saying your average, your average call from a tenant. 64 00:03:00.840 --> 00:03:04.199 Right facing eviction or some type of problem, just be 65 00:03:04.360 --> 00:03:06.879 with the landlord. There's a lot of tenant rights out 66 00:03:06.879 --> 00:03:07.400 there now. 67 00:03:07.520 --> 00:03:09.719 Of course, but generally, I guess where I'm going with 68 00:03:09.759 --> 00:03:13.879 this is there's generally no money. So because they haven't 69 00:03:13.879 --> 00:03:15.840 paid the rent, there's no money, so there's no money 70 00:03:15.879 --> 00:03:17.360 to really retain an attorney. 71 00:03:17.599 --> 00:03:19.039 Doesn't that happen quite a bit? 72 00:03:19.360 --> 00:03:22.000 I mean, just the fact they haven't paid their rent 73 00:03:22.280 --> 00:03:24.080 is meaning they don't have the money. 74 00:03:24.080 --> 00:03:24.719 Most likely. 75 00:03:24.919 --> 00:03:29.439 Yeah, I get more commercial tenants calling me for assessions 76 00:03:29.520 --> 00:03:32.360 than residential because they have more money. 77 00:03:32.400 --> 00:03:35.120 And I got you and then bigger dollars. Yet not 78 00:03:35.159 --> 00:03:37.479 only bigger dollars. But let me give the phone number 79 00:03:37.520 --> 00:03:40.039 out by the way. Anybody has any questions complaints, we'd 80 00:03:40.039 --> 00:03:40.719 love to dive in. 81 00:03:40.800 --> 00:03:41.800 I've also got. 82 00:03:41.800 --> 00:03:46.599 Deputy Dimitri's here, Deputy Doc, my lovely wife Suzanne Kelly. 83 00:03:46.719 --> 00:03:48.800 And who do we have today? Is it Dragon? Dragon? 84 00:03:49.000 --> 00:03:49.560 Real quick? 85 00:03:49.599 --> 00:03:52.360 How come I'm havvy? We're Shannon? Why is he always 86 00:03:52.400 --> 00:03:52.879 there now? 87 00:03:53.360 --> 00:03:54.919 Because of the way schedules are we have a board 88 00:03:54.919 --> 00:03:55.800 ofth that's out on vacation. 89 00:03:56.000 --> 00:03:58.000 So oh okay, I got it. 90 00:03:58.080 --> 00:04:00.400 Someone's on vacation. So we will go back to the 91 00:04:00.439 --> 00:04:02.039 old way again, correct at some point? 92 00:04:02.199 --> 00:04:02.479 All right? 93 00:04:02.520 --> 00:04:04.719 Three oh three seven one three eight two five five. 94 00:04:04.840 --> 00:04:07.360 Love to talk to you now, three zero three Martino 95 00:04:07.439 --> 00:04:10.400 three oh three seven one three eight two five five, 96 00:04:10.879 --> 00:04:11.560 Go ahead. 97 00:04:11.280 --> 00:04:13.360 Document, I say we got something out, Brad. 98 00:04:13.479 --> 00:04:16.120 This guy is going to look like he's twenty five 99 00:04:16.439 --> 00:04:19.439 when he's ninety years old. He's the youngest looking guy 100 00:04:19.519 --> 00:04:20.279 I've ever seen. 101 00:04:20.639 --> 00:04:25.160 I think he looks good he doesn't look like a baby. 102 00:04:25.360 --> 00:04:27.800 No, no, but he's gonna look I'm telling you thirty 103 00:04:27.839 --> 00:04:28.920 years old when he's ninety. 104 00:04:29.040 --> 00:04:30.879 I'm not sure if Doc's hitting on you over here, 105 00:04:31.399 --> 00:04:33.839 I'm not sure what's going on. No, I know it's 106 00:04:33.839 --> 00:04:37.800 a compliment Doc. So where I was going with that, though, 107 00:04:37.839 --> 00:04:40.439 Brad is basically this A lot of the people that 108 00:04:40.600 --> 00:04:42.399 call you, Oh we went to the commercial thing. 109 00:04:42.399 --> 00:04:45.439 I already asked you that. So on the commercial side. 110 00:04:45.600 --> 00:04:48.480 If the company's not paying, I mean, whatever it is 111 00:04:48.519 --> 00:04:52.040 in office building or an office suite that someone's running, 112 00:04:52.040 --> 00:04:55.680 they're not paying, there's generally a personal guarantee attached to it, right. 113 00:04:55.519 --> 00:04:57.959 A lot of times on commercial yes, And that's. 114 00:04:57.920 --> 00:04:59.839 And so there's other people to go after. 115 00:05:00.439 --> 00:05:02.720 I mean, so when you go, when you're actually working 116 00:05:02.759 --> 00:05:05.600 for the tenant, what do you generally do? What's your 117 00:05:05.600 --> 00:05:08.519 biggest call for the tenants side? 118 00:05:08.959 --> 00:05:11.240 Up front? I help people negotiate their leases. 119 00:05:11.639 --> 00:05:14.439 Commercial leases are very long, fifteen to fifty pages, a 120 00:05:14.519 --> 00:05:16.759 lot to go through. I highly recommend an attorney on 121 00:05:16.839 --> 00:05:17.800 all commercial leases. 122 00:05:18.079 --> 00:05:21.040 Yeah, because in fact, if you've never leased before, I've 123 00:05:21.120 --> 00:05:24.879 leased a lot of buildings, but my god, if you 124 00:05:25.000 --> 00:05:27.399 just look at cam charges. You really got to understand 125 00:05:27.439 --> 00:05:30.360 that you might be paying a certain amount right now. 126 00:05:30.399 --> 00:05:32.240 Then all of a sudden you're at that triple net 127 00:05:32.319 --> 00:05:34.199 goes up, and I mean, your lease can go a 128 00:05:34.279 --> 00:05:36.319 big time. Do a lot of people come to you 129 00:05:36.399 --> 00:05:39.279 after the fact and basically say, hey, you know they're 130 00:05:39.279 --> 00:05:40.439 trying to charge me more. 131 00:05:42.879 --> 00:05:47.920 Now, I suppose if real estate taxes go up in 132 00:05:47.959 --> 00:05:50.560 a big way, then I'm want to talk about that. 133 00:05:51.360 --> 00:05:53.720 Now, how about on the other side, the landlords? Well, 134 00:05:53.720 --> 00:05:55.639 hold on, I still want to go on the tenant side. 135 00:05:55.720 --> 00:05:58.040 How about tenants to call you that aren't commercial, that 136 00:05:58.120 --> 00:06:02.240 are residential a house or running a duplex or a condo, 137 00:06:02.360 --> 00:06:06.240 whatever it is, an apartment, what what is that typical? 138 00:06:06.360 --> 00:06:08.279 Cause that more what I was describing. 139 00:06:09.199 --> 00:06:11.480 The calls I get are more about the habitability and 140 00:06:11.519 --> 00:06:12.720 the condition of the premises. 141 00:06:12.959 --> 00:06:14.920 So they might say, hey, we've got mold here and 142 00:06:14.959 --> 00:06:16.279 they're not doing anything about it. 143 00:06:16.240 --> 00:06:17.120 It's a very common one. 144 00:06:17.160 --> 00:06:22.079 Water damage or secure like the management person that keeps 145 00:06:22.120 --> 00:06:24.879 walking in without without knocking or without notice, you know, 146 00:06:25.199 --> 00:06:26.600 just trampling on their rights. 147 00:06:26.399 --> 00:06:28.680 And how do you Okay, and that's fair, they're trampling 148 00:06:28.720 --> 00:06:30.920 on their rights, But how do you help somebody like that. 149 00:06:31.079 --> 00:06:32.839 Generally, do they have money. 150 00:06:33.879 --> 00:06:35.879 Well, and they're welcome to retain me. 151 00:06:35.959 --> 00:06:38.360 And if if they want to spend money on an attorney, 152 00:06:38.399 --> 00:06:40.800 but I do give a free initial consultation and try 153 00:06:40.839 --> 00:06:42.079 to steal people in the right direction. 154 00:06:42.800 --> 00:06:44.040 You know, generally, what do you. 155 00:06:44.000 --> 00:06:47.240 Do if it's something like mold and you know, really 156 00:06:47.360 --> 00:06:48.839 the first thing you do is what tell them to 157 00:06:48.920 --> 00:06:50.319 hire someone to get a multi test. 158 00:06:50.480 --> 00:06:52.160 The first thing is not a legal question at all. 159 00:06:52.199 --> 00:06:55.439 It's a safety question. You know, it's their personal safety 160 00:06:55.480 --> 00:06:57.839 and health. If it's if it's a toxic situation and 161 00:06:57.839 --> 00:06:59.519 they have a baby, maybe they shouldn't be there. 162 00:06:59.519 --> 00:07:00.360 Walified out. 163 00:07:00.439 --> 00:07:00.639 You know. 164 00:07:00.759 --> 00:07:03.560 We've got one we're doing at ten thirty today and 165 00:07:03.639 --> 00:07:06.319 I'm going to tell you about it real quick. This 166 00:07:06.360 --> 00:07:11.519 girl Tiffany called this woman Tiffany, and she rented. 167 00:07:11.160 --> 00:07:13.040 Out her house. Okay. 168 00:07:13.639 --> 00:07:17.639 Her husband passed away about eighteen months ago, and she 169 00:07:17.879 --> 00:07:22.160 moved from their house up in up in the mountains, Okay. 170 00:07:22.279 --> 00:07:25.639 And she moved from there to an apartment and rented 171 00:07:25.720 --> 00:07:28.439 out to house follow me so far or moved in 172 00:07:28.519 --> 00:07:31.720 with a friend something along those terms, and rented out 173 00:07:31.720 --> 00:07:35.480 to house. She rented it out for approximately three months. 174 00:07:35.879 --> 00:07:37.680 Okay. 175 00:07:37.759 --> 00:07:41.199 After the three months, the tenants said, we want out 176 00:07:41.240 --> 00:07:44.399 of the lease. Okay, And the reason we want out 177 00:07:44.399 --> 00:07:49.279 of the lease is there's toxic mold. Apparently someone came 178 00:07:49.319 --> 00:07:52.160 out and did a test and there wasn't toxic mold. 179 00:07:52.519 --> 00:07:55.560 But here's where it went. They hired, they moved out. 180 00:07:57.160 --> 00:08:00.319 They hired an attorney or retained an attorney. Hell, they 181 00:08:00.399 --> 00:08:03.639 might be the attorney, I don't know. And they filed 182 00:08:03.680 --> 00:08:07.040 a lawsuit against her and are trying to, what I say, 183 00:08:07.160 --> 00:08:10.439 shake her down for twenty five thousand. They tried to 184 00:08:10.480 --> 00:08:12.839 shake her down, the attorneys saying, pay me twenty five 185 00:08:12.920 --> 00:08:15.199 will make this go away. If not, we're going to 186 00:08:15.240 --> 00:08:19.759 file a lawsuit against you because my clients got injured 187 00:08:20.160 --> 00:08:23.519 because of the mold spores in your house. Now where 188 00:08:23.519 --> 00:08:26.920 it kit's interesting, as generally speaking, you would turn all 189 00:08:26.959 --> 00:08:30.560 this over to your insurance company and they would represent you. 190 00:08:31.639 --> 00:08:33.919 But I have a feeling and we're going to find 191 00:08:33.919 --> 00:08:36.000 out because I sent her policy over to one of 192 00:08:36.039 --> 00:08:40.080 our experts that her policy might not only exclude mold, 193 00:08:40.519 --> 00:08:45.320 but worse than that. Worse than that is she never 194 00:08:45.440 --> 00:08:49.480 converted that policy to a landlord tenant policy. She kept 195 00:08:49.480 --> 00:08:51.679 it as if she was the only you know, she 196 00:08:51.840 --> 00:08:53.720 lives there, it's her primary residence. 197 00:08:54.159 --> 00:08:57.879 Well, the fact that the owner in landlord doesn't have 198 00:08:57.879 --> 00:09:00.759 the right coven insurance has no effect on the on 199 00:09:00.840 --> 00:09:01.600 the tennis rights. 200 00:09:02.080 --> 00:09:04.759 No, I'm not talking about the tenant. Tiffany's the landlord. 201 00:09:05.120 --> 00:09:05.799 Okay. 202 00:09:05.960 --> 00:09:08.600 So she's the landlord and the tenants you're suing her. 203 00:09:09.159 --> 00:09:12.080 Okay, Well, we have a statch in Colorado that gives 204 00:09:12.120 --> 00:09:13.840 tennants a lot of rights in the case of water 205 00:09:13.919 --> 00:09:16.720 damage and mold. Yes, water damage that could cause mold. 206 00:09:16.759 --> 00:09:19.080 You don't necessarily have to prove that there is mold. Yeah, 207 00:09:19.399 --> 00:09:20.679 but there is a water condition. 208 00:09:20.879 --> 00:09:21.120 Okay. 209 00:09:21.159 --> 00:09:22.799 Hold on, we're going to go to her after this. 210 00:09:22.960 --> 00:09:24.159 We're going to talk to her and we're going to 211 00:09:24.200 --> 00:09:26.679 get her expert on Brian Burns too. So everybody holds tight. 212 00:09:34.440 --> 00:09:37.720 Go with a sure thing Denver's Best roofer Excel roofing 213 00:09:37.799 --> 00:09:40.480 dot com. You don't pay a cent until you're content. 214 00:09:43.840 --> 00:09:47.039 Time for an insurance check up free, no obligation. In comparison, 215 00:09:47.159 --> 00:09:50.720 call Compass insurance paying too much your coverage at dozens 216 00:09:50.720 --> 00:09:53.440 of insurance companies find out now three oh three, seven 217 00:09:53.440 --> 00:09:55.799 to seven to one help. 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We got a couple things going. 239 00:11:07.039 --> 00:11:09.399 I got Tiffany on. I'm going to bring Tiffany up first. 240 00:11:09.399 --> 00:11:13.159 So Tiffany is a caller from yesterday. Her husband passed 241 00:11:13.200 --> 00:11:16.159 away about eighteen months ago. She moved out of the 242 00:11:16.200 --> 00:11:20.279 family house. She rented the house out. How long did 243 00:11:20.320 --> 00:11:22.320 they were they in there, Tiffany, They were in there 244 00:11:22.360 --> 00:11:25.279 from September to basically January fifteenth. 245 00:11:24.919 --> 00:11:25.639 If I recall. 246 00:11:26.759 --> 00:11:29.320 Yeah, so they were in there and they were paying rent. 247 00:11:29.559 --> 00:11:32.360 The first time or the first time they complained or 248 00:11:32.399 --> 00:11:34.799 brought up an issue was when roughly. 249 00:11:36.360 --> 00:11:37.919 With the mold. 250 00:11:37.960 --> 00:11:40.159 It was December twenty seventh. 251 00:11:40.240 --> 00:11:43.039 So on December twenty seventh, how did they contact you? 252 00:11:43.080 --> 00:11:44.480 Did they just call you or what? 253 00:11:45.799 --> 00:11:45.879 No? 254 00:11:46.000 --> 00:11:49.480 They texted me with about twenty photos okay, and then 255 00:11:49.519 --> 00:11:51.639 when I tried to call them immediately, they said we 256 00:11:51.679 --> 00:11:53.759 would like to proceed with texting from here on out. 257 00:11:53.799 --> 00:11:55.120 So it just kind of seems fishy. 258 00:11:55.399 --> 00:11:57.480 Well okay, but hold on. So they said that, and 259 00:11:57.480 --> 00:11:59.799 they sent you pictures of the mold. And that was 260 00:12:00.080 --> 00:12:03.399 on December twenty seventh. When did you have someone or 261 00:12:03.440 --> 00:12:07.679 when did they have someone come out and actually test 262 00:12:07.799 --> 00:12:10.159 the mold, and did you do it or did they 263 00:12:10.159 --> 00:12:10.480 do it? 264 00:12:12.159 --> 00:12:14.720 They did it and they had someone come out December twentieth, 265 00:12:14.799 --> 00:12:15.799 So I was unaware. 266 00:12:16.159 --> 00:12:22.600 Oh so they tested before they even contacted you about it. Yeah, okay, 267 00:12:22.679 --> 00:12:26.080 So what what did you actually see the results. 268 00:12:27.240 --> 00:12:27.720 Yet? 269 00:12:28.000 --> 00:12:30.600 And what did the results say? They basically said, there's 270 00:12:30.639 --> 00:12:31.720 no mold. 271 00:12:32.480 --> 00:12:35.639 Yeah, yeah, basically, well it was a you know, a 272 00:12:35.679 --> 00:12:37.279 mold that was not found in the air. 273 00:12:37.600 --> 00:12:40.720 You know, it wasn't it was it wasn't airborne. 274 00:12:41.960 --> 00:12:45.200 It wasn't airborne, and it wasn't it wasn't hazarded hazard 275 00:12:45.759 --> 00:12:46.879 as to anybody's health. 276 00:12:48.039 --> 00:12:52.879 Okay, it was non hazardous, I get it. So, yeah, 277 00:12:52.919 --> 00:12:54.639 where was it? Was it all over the house in 278 00:12:54.679 --> 00:12:55.240 the basement. 279 00:12:55.840 --> 00:12:58.360 No, so they had taken pictures saying that it was 280 00:12:58.399 --> 00:13:00.759 all over my house okay, And the only spot that 281 00:13:00.759 --> 00:13:02.679 it was found was in my laundry room and it 282 00:13:02.799 --> 00:13:07.960 was just from a from a pipe that had leaked 283 00:13:08.000 --> 00:13:09.720 and I had got it fixed from a plumber and 284 00:13:09.759 --> 00:13:11.039 then it just kind of progressed. 285 00:13:11.200 --> 00:13:11.480 Okay. 286 00:13:11.519 --> 00:13:14.679 So then after after the twenty seventh when they just 287 00:13:14.720 --> 00:13:16.240 wanted to text back and forth. 288 00:13:16.559 --> 00:13:18.200 What was the next thing that happened? 289 00:13:19.600 --> 00:13:23.279 They basically, without getting the results backed, they said that 290 00:13:23.320 --> 00:13:26.120 they were wanting to move out January. First, they had 291 00:13:26.159 --> 00:13:26.960 they had texted me. 292 00:13:27.159 --> 00:13:29.200 Then what did you say, fine, go ahead or what. 293 00:13:31.080 --> 00:13:33.279 I said, depending on the results. We don't have the 294 00:13:33.320 --> 00:13:35.559 results of what type of mold it is. Okay, you know, 295 00:13:36.279 --> 00:13:38.799 if it was bad and they needed to get out. 296 00:13:38.759 --> 00:13:40.600 So what where did that end up from there? 297 00:13:45.080 --> 00:13:45.440 God like? 298 00:13:45.480 --> 00:13:48.919 Because I know they left on the sixteenth of January, right, yes, 299 00:13:49.279 --> 00:13:51.759 So see what happened in between? Did they just pack 300 00:13:51.840 --> 00:13:54.120 up and leave? Did you give them permission to break 301 00:13:54.120 --> 00:13:54.480 the least? 302 00:13:54.519 --> 00:13:54.720 Where? 303 00:13:54.720 --> 00:13:57.039 Did you guys leave it? In each other's eyes? 304 00:13:57.519 --> 00:13:57.720 No? 305 00:13:57.759 --> 00:13:59.879 And that that was the scary part. I think they 306 00:14:00.039 --> 00:14:02.200 are wanting. They were trying to get me to verbally 307 00:14:02.279 --> 00:14:04.960 say that they could move out by the first So 308 00:14:05.000 --> 00:14:06.879 I never really verbally said they could break the lease. 309 00:14:07.320 --> 00:14:10.879 But I did say if they felt that their health 310 00:14:10.960 --> 00:14:13.519 was declining, I wasn't keeping them there, that they had 311 00:14:13.559 --> 00:14:15.879 the choice to move out. They felt like their health 312 00:14:16.039 --> 00:14:16.720 was bad, So. 313 00:14:16.639 --> 00:14:18.480 What happened They just moved out? 314 00:14:19.360 --> 00:14:22.960 No, So they basically said we're going to stay here 315 00:14:23.080 --> 00:14:25.799 the entire month of January and you can use our 316 00:14:25.879 --> 00:14:29.919 last month's rent as rent, and we're not going to. 317 00:14:29.919 --> 00:14:31.279 Be we expect or. 318 00:14:32.840 --> 00:14:34.600 They kind of went back and forth. They said they 319 00:14:34.600 --> 00:14:36.159 were going to move out, then they said they were 320 00:14:36.159 --> 00:14:37.639 going to stay. Then they said they were going to 321 00:14:37.639 --> 00:14:40.879 move out, but they wanted their entire month last month's 322 00:14:40.879 --> 00:14:42.759 rent returned to them, plus their deposits. 323 00:14:42.840 --> 00:14:43.840 So where did it end up? 324 00:14:43.879 --> 00:14:44.000 Though? 325 00:14:44.039 --> 00:14:45.120 What actually happened? 326 00:14:45.679 --> 00:14:48.600 So I had they didn't pay rent on the first 327 00:14:49.720 --> 00:14:53.320 they attempted to pay rent. They tried to pay five 328 00:14:53.360 --> 00:14:54.679 dollars into my account. 329 00:14:57.279 --> 00:14:59.320 They attempted to give you five dollars. 330 00:15:00.440 --> 00:15:01.440 Yeah, okay, and. 331 00:15:01.399 --> 00:15:04.440 I guess that's waters like that's the renters squatter, right, seeing, 332 00:15:04.480 --> 00:15:06.240 I guess was what I was told for my attorney. 333 00:15:06.360 --> 00:15:10.000 So he well, hold on, hold on, Brad O'Brien real quick. 334 00:15:10.240 --> 00:15:12.639 Why would they try to transfer just five bucks? Is 335 00:15:12.639 --> 00:15:14.000 that like an old wives tale? 336 00:15:15.080 --> 00:15:17.799 That's about? I don't know what that's about. 337 00:15:17.879 --> 00:15:20.720 So you never I mean, if if someone pays partial rent, 338 00:15:20.759 --> 00:15:23.360 I don't care if it's a quarter or half the rent. 339 00:15:23.559 --> 00:15:26.000 I mean they still didn't pay their rent still, right? 340 00:15:26.120 --> 00:15:27.559 Or has Colorado changed something? 341 00:15:27.559 --> 00:15:30.039 If there's a habitability situation the tennis still has to 342 00:15:30.080 --> 00:15:31.960 pay the rent at the same time that the landlord 343 00:15:32.000 --> 00:15:34.039 has a bunch of duties things to do to remediate 344 00:15:34.039 --> 00:15:37.279 the issue. But the only time that a tendant can 345 00:15:37.279 --> 00:15:40.639 withhold rent is if if they've give give landlord plenty 346 00:15:40.639 --> 00:15:42.559 of notice to fix it. The landlord didn't do it, 347 00:15:42.600 --> 00:15:43.840 and then the tenant got None of. 348 00:15:43.879 --> 00:15:46.039 That has happened, at least from this side of the story. 349 00:15:46.399 --> 00:15:49.200 So okay, so they tried to give you five bucks 350 00:15:49.240 --> 00:15:50.600 or whatever, then what happened? 351 00:15:52.200 --> 00:15:54.840 So basically, I just I had got an attorney at 352 00:15:54.840 --> 00:15:56.720 that point because seems seem it. 353 00:15:56.759 --> 00:15:59.080 Felt to me, Yeah, the whole thing's crazy. 354 00:16:00.000 --> 00:16:02.519 They were trying to build a cake. So what happened Immediately? 355 00:16:02.799 --> 00:16:05.759 If I got an attorney. He advised me to just 356 00:16:05.919 --> 00:16:09.720 accept a check or cash in person and advise them 357 00:16:09.759 --> 00:16:14.000 of that that I was shutting down them being able 358 00:16:14.000 --> 00:16:15.840 to go to my bank and put cash into my account. 359 00:16:16.039 --> 00:16:20.000 So I did that via the attorney, and sure enough 360 00:16:20.519 --> 00:16:22.600 they the very next day they tried to go into 361 00:16:22.600 --> 00:16:26.679 the bank and the manager had notated on the account 362 00:16:26.720 --> 00:16:31.639 not to accept any form of payment, and they were yelling, 363 00:16:31.720 --> 00:16:33.799 throwing a fit, and they had they were trying to 364 00:16:34.200 --> 00:16:36.279 the managers that they were trying to deposit five dollars 365 00:16:36.279 --> 00:16:40.399 cash into my account, which, according to my attorney, that 366 00:16:40.559 --> 00:16:43.240 is the way of you know, any form of payment, 367 00:16:43.639 --> 00:16:46.519 whether it's five dollars, twenty dollars, the form out it 368 00:16:46.559 --> 00:16:47.240 could be considered. 369 00:16:47.639 --> 00:16:49.919 So far, so far, I think these guys are just 370 00:16:50.000 --> 00:16:52.679 scamming you. I mean, so far, That's what I'm thinking. 371 00:16:52.919 --> 00:16:55.320 But so I still want to go to the next part. 372 00:16:55.360 --> 00:16:58.159 I'm really trying to get there. So what happened they? 373 00:16:58.240 --> 00:17:00.919 Why did they move out on the sixty where in 374 00:17:01.000 --> 00:17:01.639 your eyes? 375 00:17:01.720 --> 00:17:02.360 What happened? 376 00:17:03.200 --> 00:17:06.160 So my attorney this advised me to let them know 377 00:17:06.160 --> 00:17:07.799 if they didn't pay run by the first that we 378 00:17:07.839 --> 00:17:12.279 would start the eviction process. So we did, and they 379 00:17:12.519 --> 00:17:16.839 they got served in a viction notice or the start 380 00:17:16.880 --> 00:17:18.720 of an eviction not yea, So the. 381 00:17:18.720 --> 00:17:21.880 Ten day notice, right, Brad? Would it be a ten 382 00:17:21.960 --> 00:17:25.319 day notice or a twenty what is the notice? 383 00:17:25.319 --> 00:17:25.559 Now? 384 00:17:25.759 --> 00:17:27.480 Non payment a round as a ten day notice. 385 00:17:27.519 --> 00:17:29.799 So the ten day notice then, so they put that 386 00:17:29.880 --> 00:17:32.119 on the door. Whatever you guys did, then what yees? 387 00:17:32.440 --> 00:17:33.680 They packed up and left? 388 00:17:34.960 --> 00:17:38.200 Yeah, they got an attorney and then I'm assuming their 389 00:17:38.240 --> 00:17:40.720 attorney advised them to move out because they were out 390 00:17:41.680 --> 00:17:43.920 before the eviction papers could be served to them. 391 00:17:44.039 --> 00:17:44.960 Okay, I get it. 392 00:17:45.039 --> 00:17:47.039 I get it up to there, so then they moved out. 393 00:17:47.079 --> 00:17:48.759 Now hold on, I got to take this break. I'm 394 00:17:48.759 --> 00:17:49.400 going to come back. 395 00:17:49.599 --> 00:17:50.599 There's two parts of this. 396 00:17:50.680 --> 00:17:53.599 We're going to dive into the first part because Brian 397 00:17:53.640 --> 00:17:56.759 Burns has been he's one of our experts on the insurance. 398 00:17:57.160 --> 00:18:02.200 Generally speaking, if somebody gets injured in your house, follow 399 00:18:02.279 --> 00:18:04.279 me down the road here. If someone gets injured in 400 00:18:04.319 --> 00:18:08.279 your house and you call your insurance company or they 401 00:18:08.359 --> 00:18:11.119 sue you, let's go right to that. Someone sues you 402 00:18:11.279 --> 00:18:15.240 because they think it's your issue, you're liable for it. 403 00:18:15.880 --> 00:18:19.799 You simply hand it over to your insurance company, your homeowners, 404 00:18:20.200 --> 00:18:23.440 and they will defend you. They will either settle, but 405 00:18:23.640 --> 00:18:26.799 no matter what, they'll defend you. That's how it generally works. 406 00:18:26.839 --> 00:18:29.640 The problem is, I don't think she's got the right 407 00:18:29.720 --> 00:18:33.880 kind of coverage to where she ultimately did get sued 408 00:18:33.880 --> 00:18:36.480 according to Tiffany, which we're going to get into after this, 409 00:18:36.799 --> 00:18:39.640 But ultimately I don't think she has any insurance and 410 00:18:39.680 --> 00:18:43.480 Brian Burns looked over her entire policy and we're. 411 00:18:43.279 --> 00:18:45.519 Gonna find out if she has coverage after this. 412 00:18:51.880 --> 00:18:55.839 Go with a sure thing Denver's Best roofer Excelroofing dot com. 413 00:18:55.880 --> 00:19:01.599 You don't pay a cent until you're content. Time for 414 00:19:01.640 --> 00:19:05.400 an insurance checkup free, no obligation. In comparison, call Compass 415 00:19:05.440 --> 00:19:08.720 Insurance paying too much your coverage at dozens of insurance 416 00:19:08.759 --> 00:19:11.240 companies find out now three oh three seven to seven 417 00:19:11.240 --> 00:19:11.480 to one. 418 00:19:11.599 --> 00:19:11.839 Help. 419 00:19:12.000 --> 00:19:14.640 You'll think you're his only customer when you choose Frank 420 00:19:14.720 --> 00:19:17.160 durand the real estate Man dot com to list your 421 00:19:17.200 --> 00:19:20.319 home with Remax Alliance three oh three nine two zero 422 00:19:20.480 --> 00:19:22.039 sixteen twenty two. 423 00:19:22.839 --> 00:19:24.880 All right three o three seven one three eight two 424 00:19:24.920 --> 00:19:26.160 five five. A couple lines open. 425 00:19:26.160 --> 00:19:29.200 We're gonna help Tiffany out here three zero three seven 426 00:19:29.240 --> 00:19:32.319 one three eight two five five. Any questions, complaints you 427 00:19:32.359 --> 00:19:34.480 want to rat out a bad contractor I'd love to 428 00:19:34.480 --> 00:19:38.720 hear it. Brian Burns. They sent you over Tiffany's basically 429 00:19:38.839 --> 00:19:42.359 lease with her tenant and the insurance policy, and you 430 00:19:42.400 --> 00:19:44.240 would have nothing to do with the lease actually, but 431 00:19:44.640 --> 00:19:46.319 the UH insurance policy. 432 00:19:46.400 --> 00:19:47.240 A couple things here. 433 00:19:47.319 --> 00:19:51.079 One, if you rent out your house and you don't 434 00:19:51.079 --> 00:19:54.839 have a landlord tenant insurance policy, will you even get 435 00:19:54.880 --> 00:19:55.839 coverage period. 436 00:19:57.319 --> 00:20:00.400 No, I think she's going to have a really uphill 437 00:20:00.559 --> 00:20:04.200 you know, whenever you have an incorrect policy like this. 438 00:20:04.279 --> 00:20:07.720 So it looks like she just has a home insurance policy. Yeah, 439 00:20:07.799 --> 00:20:10.680 yet she's renting it out. Now, if the home, let's say, 440 00:20:11.480 --> 00:20:14.640 you know, God forbid it burned down, the insurance company 441 00:20:14.680 --> 00:20:17.079 wouldn't be able to decline based off of the fact 442 00:20:17.079 --> 00:20:19.799 there was a tenant in it, because it wasn't necessarily 443 00:20:19.880 --> 00:20:21.039 the reason behind. 444 00:20:20.759 --> 00:20:24.440 Her So she would add coverage to a catastrophe. 445 00:20:25.319 --> 00:20:27.960 Yeah, so here, here's a good way to think of it. 446 00:20:28.640 --> 00:20:31.160 Having the tenant or whatever it is in this case. 447 00:20:31.240 --> 00:20:33.480 In this case it is a tenant. If having the 448 00:20:33.599 --> 00:20:37.440 tenant isn't the cause of loss, the insurance company would 449 00:20:37.480 --> 00:20:41.519 have a hard time declining or denying a claim off 450 00:20:41.559 --> 00:20:41.799 of that. 451 00:20:42.039 --> 00:20:45.599 Okay, But now on the liability side, because they're basically saying, 452 00:20:46.359 --> 00:20:49.200 she didn't do her job as a landlord and there 453 00:20:49.319 --> 00:20:51.920 was mold and now she has some form of damages, 454 00:20:51.960 --> 00:20:54.119 which we don't even know what they are, but that's 455 00:20:54.119 --> 00:20:58.240 what they're claiming. Typically speaking, if she had the right 456 00:20:58.359 --> 00:21:00.200 kind of insurance, what would happen. 457 00:21:00.759 --> 00:21:03.759 If she had the right kind of insurance they're depending 458 00:21:03.839 --> 00:21:07.000 and the Travelers is who she's with. But depending on 459 00:21:07.039 --> 00:21:11.200 the policy, you could have limited coverage. Now, the actual 460 00:21:11.279 --> 00:21:14.920 damage amount is very limited. I see five thousand dollars 461 00:21:14.920 --> 00:21:18.720 on some policies. But what you really want is something 462 00:21:18.799 --> 00:21:22.279 that will allow coverage for the lawsuit for the actual 463 00:21:22.400 --> 00:21:26.119 legal fees. And so if there's coverage, they have to defend. 464 00:21:26.359 --> 00:21:28.440 And it doesn't really matter if the coverage is only 465 00:21:28.480 --> 00:21:29.559 five thousand dollars. 466 00:21:29.720 --> 00:21:32.720 If there is coverage, they have to defend, so they 467 00:21:32.759 --> 00:21:35.519 have to pay the attorney feess hold one. 468 00:21:36.000 --> 00:21:37.119 That's very interesting. 469 00:21:37.200 --> 00:21:39.920 So even if the lawsuit, if you hired an attorney, 470 00:21:39.920 --> 00:21:43.079 could be fifty thousand dollars, but you only have five 471 00:21:43.119 --> 00:21:45.799 thousand dollars in coverage, they still have to spend fifty 472 00:21:45.799 --> 00:21:46.440 five thousand. 473 00:21:46.480 --> 00:21:47.160 If they lost. 474 00:21:48.119 --> 00:21:50.359 There you go yep, So they still have to defend. Now, 475 00:21:50.400 --> 00:21:52.960 what happens when you have very limited amount, they'll sometimes 476 00:21:52.960 --> 00:21:53.440 settle them. 477 00:21:53.480 --> 00:21:55.000 Well, now let's go back time. 478 00:21:55.279 --> 00:21:57.839 The fact that she had the wrong kind of coverage, 479 00:21:57.880 --> 00:22:01.680 she just had a typical homeowners Does that give them 480 00:22:01.839 --> 00:22:05.039 one hundred percent in out where they don't have to 481 00:22:05.079 --> 00:22:07.039 step in at all? And then I'll follow that with 482 00:22:07.119 --> 00:22:10.799 the second question, is there any exclusions in her policy 483 00:22:11.119 --> 00:22:13.839 that talk about mold and damages like this? 484 00:22:14.720 --> 00:22:17.079 Well, okay, so the first part of your question, I 485 00:22:17.200 --> 00:22:19.880 would say, yes, they're going to have a good case 486 00:22:19.920 --> 00:22:21.680 to get out of this from the simple fact that 487 00:22:22.039 --> 00:22:24.400 if it's a homewner policy, you can't sue yourself, so 488 00:22:24.440 --> 00:22:28.000 you're not that coverage isn't even there. Yeah, so having 489 00:22:28.039 --> 00:22:32.119 a tenant in this case dramatically changes. 490 00:22:32.079 --> 00:22:33.160 The risk, got it? 491 00:22:33.240 --> 00:22:36.160 And they're not going to cover something that's dramatically different 492 00:22:36.160 --> 00:22:39.000 than what the policy's written for. But secondly, what you 493 00:22:39.160 --> 00:22:41.880 sent me is essentially a declaration page, so it's not 494 00:22:42.000 --> 00:22:45.640 policy language, so I can't read the exclusions. You read 495 00:22:45.680 --> 00:22:47.839 her policy for exclusions. If you want to send me 496 00:22:47.880 --> 00:22:50.559 the full policy, I'd be happy to read it and 497 00:22:50.599 --> 00:22:51.240 I'll find it. 498 00:22:51.599 --> 00:22:53.200 I do want to clarify on one thing. 499 00:22:53.559 --> 00:22:55.599 So if there was a fire or a hailstorm, they 500 00:22:55.680 --> 00:22:58.240 probably would have coverage. But because this is a tenant 501 00:22:58.640 --> 00:23:01.200 and claiming that she would is not a good landlord, 502 00:23:02.200 --> 00:23:05.559 they can fight that and probably win it. But when 503 00:23:05.599 --> 00:23:08.319 you brought up the coverage aspect to that, what happens 504 00:23:08.319 --> 00:23:09.799 if I had someone living with me? 505 00:23:09.960 --> 00:23:11.960 For like I don't know. 506 00:23:12.400 --> 00:23:15.599 Like if Doc Doc's house burned down in a Boulder 507 00:23:15.680 --> 00:23:18.319 fire and he moved in with me for six months 508 00:23:18.640 --> 00:23:21.039 and there was mold in the room that I let 509 00:23:21.079 --> 00:23:23.640 Doc stay in and all of a sudden he's suing me. 510 00:23:23.920 --> 00:23:26.720 I would have coverage under that scenario, or at least 511 00:23:27.680 --> 00:23:30.279 they would have to defend me, is probably the better question. 512 00:23:31.279 --> 00:23:36.000 Yeah, I mean it's really hard because the whole issue 513 00:23:36.039 --> 00:23:39.559 of mold is crazy, is a crazy one, and so 514 00:23:39.960 --> 00:23:43.640 insurance companies have really started to write their policies associated 515 00:23:43.720 --> 00:23:47.480 with limiting themselves for things that they can't control. But 516 00:23:47.599 --> 00:23:50.279 in this case, an accidental you know, in that case. 517 00:23:50.640 --> 00:23:52.920 What's really crazy in this case, though, is none of 518 00:23:52.920 --> 00:23:57.319 that's really gonna matter because she probably has zero coverage. So, Tiffany, 519 00:23:57.400 --> 00:24:00.000 have you even you haven't even talked to your homeowner 520 00:24:00.160 --> 00:24:02.599 about this or I'm not sorry your your insurance company 521 00:24:02.599 --> 00:24:03.319 about this at all? 522 00:24:03.400 --> 00:24:03.680 Right? 523 00:24:05.519 --> 00:24:08.200 I just filed a claim for the you know, when 524 00:24:08.240 --> 00:24:10.079 I got an estimate on how much it was going 525 00:24:10.119 --> 00:24:12.279 to cost to fix the drywall and everything. 526 00:24:11.960 --> 00:24:14.480 And they did that, right, or they haven't even answered 527 00:24:14.480 --> 00:24:15.559 the claim yet. 528 00:24:15.920 --> 00:24:18.960 They have something going out today. But I did lightly 529 00:24:19.079 --> 00:24:20.839 bring it up you know, Hey, yeah, you're. 530 00:24:20.759 --> 00:24:23.480 I think you heard everything Brian just said. I don't 531 00:24:23.480 --> 00:24:25.440 think you're going to have any coverage as far as 532 00:24:25.680 --> 00:24:28.240 the insurance company defending you in the lawsuit. 533 00:24:28.519 --> 00:24:30.599 Do you know what it says in the lawsuit? By 534 00:24:30.599 --> 00:24:33.559 the way, it. 535 00:24:33.680 --> 00:24:38.839 Just mainly they they're going after me for in habitable 536 00:24:39.480 --> 00:24:42.079 living conditions to where they had to break the lease 537 00:24:42.119 --> 00:24:45.200 and move. So they're suing me not only for like 538 00:24:45.279 --> 00:24:49.759 basically for that health stuff and then covering their rent 539 00:24:49.799 --> 00:24:50.039 for them. 540 00:24:50.279 --> 00:24:52.240 How much how much are we talking? Do you even know? 541 00:24:54.519 --> 00:24:57.880 If my attorney said anywhere from fifty to seventy thousand dollars, 542 00:24:58.240 --> 00:24:58.839 so they're. 543 00:24:58.680 --> 00:25:02.559 Sooner for fifty to seventy thousand. Hey, First of all, 544 00:25:02.599 --> 00:25:05.359 Brian Burns, I really appreciate you coming on. I know 545 00:25:05.440 --> 00:25:08.680 you're at an insurance conference and you got to get 546 00:25:08.680 --> 00:25:10.599 back to it, and I do appreciate it, Brian. But 547 00:25:10.880 --> 00:25:13.279 the Insurance helps Center, these guys will look at all 548 00:25:13.319 --> 00:25:14.039 your coverages. 549 00:25:14.279 --> 00:25:15.480 They'll look at them every year. 550 00:25:15.519 --> 00:25:19.559 They'll shop multiple companies find the best company for you. 551 00:25:19.599 --> 00:25:22.000 For example, if you have young drivers in the house, 552 00:25:22.079 --> 00:25:25.200 these guys will find the best policy to have the 553 00:25:25.279 --> 00:25:28.480 cheapest for you. Three oh three nine ninety six nine thousand, 554 00:25:28.599 --> 00:25:30.680 and I shouldn't have said cheapest the best coverage three 555 00:25:30.799 --> 00:25:33.000 oh three nine nine six nine thousand. 556 00:25:33.160 --> 00:25:35.400 Hey, get back to that conference, man, have fun. 557 00:25:35.920 --> 00:25:37.079 Oh, I see the mark. 558 00:25:37.200 --> 00:25:43.240 Thanks so so basically Tiffany Brad O'Brien. So they're saying 559 00:25:43.319 --> 00:25:47.640 fifty to seventy thousand dollars, let's talk about Tiffany. 560 00:25:47.640 --> 00:25:48.720 You don't know the breakdown. 561 00:25:48.759 --> 00:25:51.720 You have no idea what the breakdown is, because yes, 562 00:25:52.039 --> 00:25:52.440 yeah I do. 563 00:25:52.680 --> 00:25:58.240 It's attorney that includes attorney fees, that includes they are 564 00:25:58.400 --> 00:26:02.559 saying they want three months of their rent covered. Uh, 565 00:26:03.119 --> 00:26:05.839 they want food. They want basically room and board, food, 566 00:26:06.079 --> 00:26:10.440 everything covered for being put out of their current living 567 00:26:10.759 --> 00:26:14.599 of the current living situation due to inhabitable conditions. 568 00:26:14.640 --> 00:26:16.519 And how much is the health part? Do you ask 569 00:26:16.640 --> 00:26:17.839 the health aspect of it? 570 00:26:19.000 --> 00:26:21.079 They didn't break that down, so that was more of 571 00:26:21.119 --> 00:26:23.559 I think the strong arming cart trying to scare me. 572 00:26:24.559 --> 00:26:27.359 They never really went to the doctor. They just sent pictures. 573 00:26:27.799 --> 00:26:31.680 You know, my house is at eleven thousand feet, so 574 00:26:31.680 --> 00:26:34.799 that's you're going to have, you know, and especially in 575 00:26:34.799 --> 00:26:36.920 the winter time that dryness, you're going to have some 576 00:26:36.960 --> 00:26:40.240 blood in your in your finesses. Yeah, so they were 577 00:26:40.279 --> 00:26:43.039 sending me no. 578 00:26:40.880 --> 00:26:44.279 I yeah, I get all that. In the mold test 579 00:26:44.319 --> 00:26:47.599 came back negative, right exactly. 580 00:26:47.680 --> 00:26:49.640 But they were just sending me those are the only 581 00:26:49.720 --> 00:26:52.880 health pictures quote quote health pictures there. 582 00:26:53.000 --> 00:26:54.480 So hold on, we're going to we're going to take 583 00:26:54.559 --> 00:26:54.960 this break. 584 00:26:55.000 --> 00:26:58.000 Brad's got some questions here and thoughts on it, and 585 00:26:58.079 --> 00:27:00.839 I've got my own thoughts, and I I just think 586 00:27:00.880 --> 00:27:01.839 it's a shakedown. 587 00:27:02.119 --> 00:27:03.720 But you're gonna have to do something. 588 00:27:03.759 --> 00:27:06.200 That's the bottom line, even if they are shaking you down, 589 00:27:06.519 --> 00:27:09.200 if they filed the lawsuit, as soon as you get served, you're. 590 00:27:09.079 --> 00:27:11.720 Gonna have to answer it. And it's not gonna be cheap. 591 00:27:18.279 --> 00:27:21.519 Go with a sure thing Denver's best roofer Excel roofing 592 00:27:21.640 --> 00:27:22.240 dot com. 593 00:27:22.279 --> 00:27:27.640 You don't pay a cent until you're contenth. 594 00:27:27.680 --> 00:27:30.839 Time for an insurance check up free no obligation comparison 595 00:27:31.000 --> 00:27:34.559 call Compass Insurance paying too much your coverage at dozens 596 00:27:34.559 --> 00:27:37.279 of insurance companies find out Now three oh three, seven 597 00:27:37.279 --> 00:27:38.240 to seven to one help. 598 00:27:38.400 --> 00:27:40.200 You'll think you're his only customer. 599 00:27:40.240 --> 00:27:42.480 When you choose Frank durand the Real estate Man dot 600 00:27:42.519 --> 00:27:45.799 com to list your home with Remax Alliance three oh 601 00:27:45.880 --> 00:27:47.839 three nine two zero sixteen twenty two. 602 00:27:52.720 --> 00:27:55.839 All right, three oh three seven one three eight two 603 00:27:55.920 --> 00:27:59.000 five five three oh three Martino brand O'Brien, I'm gonna 604 00:27:59.000 --> 00:28:01.559 bring Tiffany back up and let's just kind of get 605 00:28:01.599 --> 00:28:05.279 through this once and for all. What are your thoughts 606 00:28:05.319 --> 00:28:08.079 on it? To me, it's a complete shakedown. They found 607 00:28:08.160 --> 00:28:12.319 an attorney and this is just my opinion, an unscrupulous 608 00:28:12.359 --> 00:28:15.480 attorney that is basically doing the shakedown. 609 00:28:15.759 --> 00:28:16.720 That's what I think. 610 00:28:17.279 --> 00:28:21.480 Well, when somebody is suing you for money, there's two components. First, 611 00:28:22.000 --> 00:28:24.440 is there causation, Did something that you do cause them 612 00:28:24.599 --> 00:28:29.480 injury or damage? And secondly, on damages, what are the damages? 613 00:28:29.519 --> 00:28:31.400 What are they from? They can't just make up a 614 00:28:31.480 --> 00:28:34.720 number and say I'm suing you for fifty thousand, yeah, 615 00:28:34.279 --> 00:28:37.240 when it might perhaps if they do have a reason 616 00:28:37.319 --> 00:28:39.759 for damages, it probably should be limited to something like, 617 00:28:40.519 --> 00:28:42.960 you know, alternative housing or the cost to move early, 618 00:28:43.160 --> 00:28:45.039 or whatever it is has me tied to something, not 619 00:28:45.079 --> 00:28:46.000 just some made up number. 620 00:28:46.359 --> 00:28:47.359 But back to causation. 621 00:28:49.759 --> 00:28:51.200 You know, if they want to take this to court, 622 00:28:51.200 --> 00:28:53.119 they're gonna have to prove to a judge or jury 623 00:28:53.160 --> 00:28:58.720 that this mold caused them some sickness or injury, and 624 00:28:58.920 --> 00:29:01.000 that's really hard to prove. You'd have to have expert 625 00:29:01.000 --> 00:29:03.880 testimony from a doctor probably to make that. 626 00:29:03.880 --> 00:29:05.359 That's a very extensive type of a quirkeet. 627 00:29:05.480 --> 00:29:07.079 That's where I go back to the shakedown. 628 00:29:07.079 --> 00:29:10.039 But at a curiosity, Tiffany, was it a frozen pipe? 629 00:29:10.039 --> 00:29:10.599 What would happen? 630 00:29:11.880 --> 00:29:14.400 It was last year, so it was you know, nobody 631 00:29:14.400 --> 00:29:17.000 wrote the plumber didn't really know. We just fixed the issue. 632 00:29:17.240 --> 00:29:21.400 It was a trusted summer and the issue was fixed. 633 00:29:21.599 --> 00:29:25.599 It just either according to the environmental report, it could 634 00:29:25.599 --> 00:29:28.359 have been something that started from that, or this is 635 00:29:28.359 --> 00:29:30.240 another big thing that I should bring that could have 636 00:29:30.240 --> 00:29:34.200 been causing the mold. They were doing taxidermy in my 637 00:29:34.279 --> 00:29:38.480 house and so that was also notated in the environmental report, 638 00:29:39.240 --> 00:29:42.160 and they were unhappy about that, and they actually. 639 00:29:41.839 --> 00:29:44.039 They were unhappy that ended up in the report. 640 00:29:45.000 --> 00:29:47.759 Yeah, and how would I'm just curious, how would taxidermy, 641 00:29:48.480 --> 00:29:50.319 how would stuffing a whatever? 642 00:29:50.839 --> 00:29:52.839 How would that create mold? 643 00:29:53.000 --> 00:29:56.400 They had from the report they had dead animals hanging 644 00:29:56.400 --> 00:29:56.960 in my house. 645 00:29:57.039 --> 00:30:00.400 Oh my god, they're probably using chemicals like fromaldehyde, all 646 00:30:00.480 --> 00:30:02.400 kinds of well they have to Yeah, that's not good 647 00:30:02.400 --> 00:30:03.400 for the air exactly. 648 00:30:03.960 --> 00:30:06.119 So in the report they said that that could have 649 00:30:06.119 --> 00:30:07.680 been contributing to them mold as well. 650 00:30:07.680 --> 00:30:10.319 Well, I don't think they'd be able to prove it. 651 00:30:10.359 --> 00:30:14.000 And this is just all thoughts. But when they here's 652 00:30:14.039 --> 00:30:15.799 where I keep going back and I feel. 653 00:30:15.519 --> 00:30:17.160 Horrible for it. 654 00:30:17.640 --> 00:30:21.599 They filed the case already, right, Yeah, so she's going 655 00:30:21.640 --> 00:30:22.279 to get served. 656 00:30:22.359 --> 00:30:24.000 Did you already get served today or what? 657 00:30:25.200 --> 00:30:29.240 I have not been served yet because I'm in the 658 00:30:29.279 --> 00:30:31.160 attorney I did have was like, this is kind of 659 00:30:31.240 --> 00:30:31.960 I just do a viction. 660 00:30:32.279 --> 00:30:33.440 Yeah, I recommend. 661 00:30:33.599 --> 00:30:36.480 That's what we were talking about, litigator, That's what we 662 00:30:36.480 --> 00:30:38.480 were talking about. So really, where I want to get 663 00:30:38.519 --> 00:30:41.160 real with you, Tiffany, is this They're going to serve 664 00:30:41.200 --> 00:30:42.880 you and you're going to have to hire an attorney. 665 00:30:43.160 --> 00:30:45.160 I mean, there's no way you're going to walk into court. 666 00:30:45.200 --> 00:30:47.359 You could end up losing that house. But I want 667 00:30:47.400 --> 00:30:49.839 to ask you a few things, and Brad, this is 668 00:30:49.880 --> 00:30:52.640 what kills me. I really truly believe it's a shakedown. 669 00:30:52.920 --> 00:30:55.799 In fact, I think they're just they might have been 670 00:30:55.839 --> 00:30:58.000 set up from the start. Well, I mean, but she 671 00:30:58.160 --> 00:31:01.799 doesn't have the money to defend this, So I mean, 672 00:31:01.880 --> 00:31:05.240 what does someone do in a case like this, And 673 00:31:05.279 --> 00:31:07.079 I got my own thoughts on it, but I want 674 00:31:07.079 --> 00:31:10.319 to hear yours. Let's pretend she's served tomorrow. She's they 675 00:31:10.359 --> 00:31:12.839 already filed it. You can go on to Lexus Andexas 676 00:31:12.880 --> 00:31:16.200 and it's filed. They just got a server and she's 677 00:31:16.200 --> 00:31:19.960 going to have to hire a counsel or basically answer 678 00:31:20.000 --> 00:31:20.680 the complaint. 679 00:31:20.960 --> 00:31:22.480 But she's not going to know what to do. She 680 00:31:22.519 --> 00:31:24.119 could get herself into deep trouble. 681 00:31:24.880 --> 00:31:27.920 Anyone contemplating being in a court case has to make 682 00:31:27.960 --> 00:31:31.640 a business decision about whether the cost of attorneys and 683 00:31:31.680 --> 00:31:34.480 experts and other court costs is worth the effort of 684 00:31:34.519 --> 00:31:35.559 trying to win that case. 685 00:31:35.759 --> 00:31:38.799 Yeah, I mean it's crazy, But is there any way 686 00:31:38.839 --> 00:31:41.920 if you go we talked frivolous, a frivolous lawsuit. People 687 00:31:42.039 --> 00:31:45.599 might say this is but if there's anything my understanding, 688 00:31:46.000 --> 00:31:50.480 if there's anything at all, meaning you know, it's possible 689 00:31:50.519 --> 00:31:53.039 they had a relationship, they had a contract, so it 690 00:31:53.079 --> 00:31:55.039 can't be frivolous in most cases. 691 00:31:55.039 --> 00:31:55.880 Would you agree? 692 00:31:56.240 --> 00:31:58.880 Yeah, Frivolous is a very strong word. It means absolutely 693 00:31:58.960 --> 00:32:03.039 devoid of any basis. In fact, if it's if there's 694 00:32:03.039 --> 00:32:06.599 some inkling of some facts that are in dispute that 695 00:32:06.640 --> 00:32:08.880 would that could be called a colorable claim, and that's 696 00:32:09.039 --> 00:32:11.200 a colorable claim is maybe not a strong claim, but 697 00:32:11.240 --> 00:32:13.799 it's some minimal amount of claim that makes it not frivolous. 698 00:32:13.920 --> 00:32:16.559 So so I guess where I'm going is her shaking 699 00:32:16.599 --> 00:32:19.000 her down? I mean, Dimitri, you and I have both 700 00:32:19.160 --> 00:32:21.200 gone to small claim scored a lot of times and 701 00:32:21.279 --> 00:32:24.319 if suited people, and we're somewhat familiar. We're not attorneys, 702 00:32:24.319 --> 00:32:25.920 but I mean we've been around this black we do 703 00:32:25.960 --> 00:32:26.400 this show. 704 00:32:26.759 --> 00:32:29.119 So I mean, what's your what's your take on all 705 00:32:29.160 --> 00:32:29.759 this so far? 706 00:32:30.680 --> 00:32:34.480 Well, you asked really two questions about what my experience 707 00:32:34.559 --> 00:32:36.920 is like and whether or not I'm concerned about being 708 00:32:37.000 --> 00:32:41.759 charged with credibly charged with frivolous actions, right, so I'm 709 00:32:41.759 --> 00:32:44.480 extremely concerned about that. I make sure that I have 710 00:32:45.079 --> 00:32:48.680 backup documentation for every claim I make. Yeah, Now, in 711 00:32:48.720 --> 00:32:52.119 her case, I mean, it's it's hard to say whether 712 00:32:52.200 --> 00:32:54.319 or not it's actually frivolous. I don't think they're going 713 00:32:54.400 --> 00:32:57.000 to complaint without having read the complaint itself. 714 00:32:57.039 --> 00:32:59.200 I don't think this. I don't think they would. I 715 00:32:59.240 --> 00:33:01.160 don't think this would get thrown out. I think she's 716 00:33:01.200 --> 00:33:04.440 going to end up hiring an attorney. Tiffany, what is 717 00:33:04.480 --> 00:33:07.119 your economic situation? It's not great, is it. 718 00:33:08.680 --> 00:33:10.440 I mean it's you know, how. 719 00:33:10.400 --> 00:33:12.240 Much echoity do you have in that house? 720 00:33:13.200 --> 00:33:16.119 A pretty good amount. I'm just worried, like I don't 721 00:33:16.119 --> 00:33:17.720 want I don't want to lose the house, you know, 722 00:33:17.759 --> 00:33:22.960 because that's that's an asset of mine. But with Brian's passing, 723 00:33:23.079 --> 00:33:26.599 you know, I was thinking about it just because I 724 00:33:26.599 --> 00:33:29.440 would like to maybe relocate. But that was the only reason. 725 00:33:29.559 --> 00:33:32.599 But as far as I am in the I. 726 00:33:32.519 --> 00:33:34.440 Am in the. 727 00:33:33.680 --> 00:33:35.920 Process of hiring someone. I do have someone that is 728 00:33:36.200 --> 00:33:40.079 overlooking the case and everything. So I have to give 729 00:33:40.279 --> 00:33:43.559 chin a you know, an agreement to hire her, right, 730 00:33:43.640 --> 00:33:44.519 I'm not really. 731 00:33:44.839 --> 00:33:45.480 What is it? 732 00:33:45.519 --> 00:33:48.000 Is it a personal injury attorney? What kind of attorney? 733 00:33:49.599 --> 00:33:50.640 Real estate litigator? 734 00:33:51.319 --> 00:33:54.559 Hold on a second, hold on, Tiffany, I got it. 735 00:33:54.599 --> 00:33:56.519 This is a hard break, by the way, people three 736 00:33:56.519 --> 00:33:59.039 O three seven one three eight two five five. We 737 00:33:59.079 --> 00:34:01.279 want to hear from you. You're complain to your questions. 738 00:34:01.480 --> 00:34:03.920 Three oh three Martino, another hour coming up. 739 00:34:07.039 --> 00:34:10.280 Go with a sure thing Denver's Best roofer Excel roofing 740 00:34:10.400 --> 00:34:10.960 dot com. 741 00:34:11.000 --> 00:34:13.039 You don't pay a cent until you're content. 742 00:34:16.400 --> 00:34:19.599 Time for an insurance check up free, no obligation comparison 743 00:34:19.719 --> 00:34:23.239 call Compass Insurance paying too much your coverage at dozens 744 00:34:23.280 --> 00:34:26.039 of insurance companies find out now three oh three seven 745 00:34:26.119 --> 00:34:29.119 seven one help. You'll think you're his only customer when 746 00:34:29.159 --> 00:34:31.639 you choose Frank durand the real estate Man dot com 747 00:34:31.679 --> 00:34:34.000 to list your home with Remax Alliance. 748 00:34:34.239 --> 00:34:36.559 Three oh three nine two zero sixteen twenty two. 749 00:34:37.360 --> 00:34:42.840 Yeah, ripped up. 750 00:34:44.360 --> 00:34:47.440 News, need a vessel, you don't have. 751 00:34:49.599 --> 00:34:52.000 Come runnxious as we can. 752 00:34:53.280 --> 00:34:54.559 Shooter's gonna help. 753 00:34:54.840 --> 00:34:55.239 Come. 754 00:34:56.760 --> 00:35:02.400 This is the Troubleshooter Show. No Tom Martin right, Welcome. 755 00:35:02.039 --> 00:35:03.480 To the show, the only show of It's kyt We're 756 00:35:03.480 --> 00:35:06.880 here to solve problems, answer questions, take complaints. You've been 757 00:35:06.960 --> 00:35:09.400 ripped off. You need some help. Phone number is easy. 758 00:35:09.400 --> 00:35:11.280 We do have some open lines. We're gonna finish up 759 00:35:11.280 --> 00:35:14.039 with a call from last hour, but get everybody caught up. 760 00:35:14.039 --> 00:35:16.719 But three oh three seven one three A two five 761 00:35:16.840 --> 00:35:19.039 five that's the number. You can always email us for 762 00:35:19.079 --> 00:35:22.519 help at help at troubleshooter dot com. Don't forget your 763 00:35:22.559 --> 00:35:24.760 phone number so we can reach out to you. That's 764 00:35:24.840 --> 00:35:29.239 help at Troubleshooter dot com. Three zero three Martino works 765 00:35:29.320 --> 00:35:31.880 right now, but when we're off the air, it works 766 00:35:31.920 --> 00:35:33.800 as well. Will either pick up on it or you 767 00:35:33.800 --> 00:35:38.719 can leave us a message that's three zero three Martino. 768 00:35:39.920 --> 00:35:45.159 By the way, in studio with me Brad O'Brien olslaw 769 00:35:45.199 --> 00:35:49.199 dot com. He's a real estate attorney, commercial, residential, pretty 770 00:35:49.280 --> 00:35:52.679 much anything. Now, let me recap very quick. Tiffany's a landlord. 771 00:35:53.239 --> 00:35:57.000 She's getting shaken down, in my opinion, by some tenants 772 00:35:57.000 --> 00:35:59.519 at hired an attorney. We found out a little bit 773 00:35:59.559 --> 00:36:02.840 about the attorney that filed the complaint, and what did 774 00:36:02.840 --> 00:36:05.400 you find out about him? He's basically only been an 775 00:36:05.400 --> 00:36:06.719 attorney for a year Dmitri. 776 00:36:06.880 --> 00:36:10.800 Yeah, he graduated from Dulah last year and he's not 777 00:36:10.840 --> 00:36:13.599 a personal injury attorney according to his bio and Java 778 00:36:13.800 --> 00:36:15.079 real estate, Yeah, real. 779 00:36:15.039 --> 00:36:17.079 Estate, commercial transactions, stuff like that. 780 00:36:17.159 --> 00:36:19.599 Yeah, it's very curious, Hey, Tiffany, A couple questions how 781 00:36:19.679 --> 00:36:24.800 much was the rent? Thirty five hundred, So Brad O'Brien 782 00:36:24.920 --> 00:36:27.159 was asking that because we're trying to figure out how 783 00:36:27.400 --> 00:36:30.639 it gets to fifty to seventy thousand under any scenario 784 00:36:30.840 --> 00:36:32.599 like this, right, So. 785 00:36:32.639 --> 00:36:34.719 Nothing was stated like that. That was more of the 786 00:36:34.840 --> 00:36:38.719 estimate my attorney told me because of they basically tried 787 00:36:38.719 --> 00:36:41.360 to settle with me for twenty five thousand. I said, 788 00:36:41.400 --> 00:36:44.400 if I did that, Tyler Hollenbach the attorneys that if 789 00:36:44.400 --> 00:36:46.960 I did not settle for twenty five thousand, these costs 790 00:36:46.960 --> 00:36:48.079 a double if not triple. 791 00:36:49.039 --> 00:36:53.440 Yeah, wow, Okay, But I there's two things here. One, 792 00:36:53.639 --> 00:36:55.880 there's two. There's really only two things, And Brad, I 793 00:36:55.920 --> 00:36:58.679 want you to chime in, but one, when you get served, 794 00:36:58.719 --> 00:37:01.039 you're either going to have tire and attorney trying to 795 00:37:01.079 --> 00:37:01.920 do this yourself. 796 00:37:01.920 --> 00:37:04.480 You're going to end up just so upside down. It's 797 00:37:04.480 --> 00:37:05.280 going to be crazy. 798 00:37:05.519 --> 00:37:08.760 I've seen it personally, I've heard stories about it on 799 00:37:08.800 --> 00:37:11.400 the air a million times. But you're either going to 800 00:37:11.480 --> 00:37:14.239 have to hire an attorney. I've got some good ideas 801 00:37:14.239 --> 00:37:16.480 for you on what attorney, and I would say, a 802 00:37:16.480 --> 00:37:17.840 personal injury attorney. 803 00:37:18.400 --> 00:37:20.159 Who else would you say would defend this? 804 00:37:20.519 --> 00:37:22.880 And you were Tiffany, didn't you say you were talking 805 00:37:22.880 --> 00:37:25.679 to somebody, but it was a real estate attorney. For 806 00:37:25.760 --> 00:37:27.679 the life of me, I have no idea why you 807 00:37:27.679 --> 00:37:30.480 would hire a real estate attorney for this. 808 00:37:30.679 --> 00:37:33.360 Brad, what's your opinion on that you're a real estate attorney. 809 00:37:33.679 --> 00:37:36.280 Yeah, this is no longer really a real estate litigation matter. 810 00:37:36.320 --> 00:37:39.199 This is not a viction or habitability because they've moved out. 811 00:37:39.239 --> 00:37:41.800 This is a money dispute. So any general litigator could 812 00:37:41.840 --> 00:37:42.280 handle this. 813 00:37:42.360 --> 00:37:45.880 Ye, why would you use the real estate attorney Tiffany? 814 00:37:47.840 --> 00:37:50.719 I think when interviewing her, she had dealt with a 815 00:37:50.760 --> 00:37:53.119 lot of landlord tenant trials. 816 00:37:53.400 --> 00:37:56.360 She has a lot of experience with that. 817 00:37:56.559 --> 00:37:57.400 Okay, sort of it. 818 00:37:57.880 --> 00:38:01.280 So she's a litigator and she both sides of the fence. 819 00:38:02.719 --> 00:38:05.639 Yeah, okay, y well, I mean that's good hopefully. 820 00:38:06.039 --> 00:38:08.480 The only other thing I would say to you, but 821 00:38:08.599 --> 00:38:10.840 I think you have too much assets. That house is 822 00:38:10.840 --> 00:38:14.599 in a nice place depending on your assets bankruptcy And 823 00:38:14.639 --> 00:38:16.679 the only reason I even bring that up if you 824 00:38:16.800 --> 00:38:20.519 had little to no assets, most of the equity in 825 00:38:20.559 --> 00:38:23.280 that house would be shielded so they wouldn't be able 826 00:38:23.320 --> 00:38:23.880 to touch that. 827 00:38:24.400 --> 00:38:27.000 And if you didn't have any other money but yet had. 828 00:38:26.880 --> 00:38:30.199 Other debt like credit card debt or other debt, you 829 00:38:30.320 --> 00:38:32.440 might make the whole thing get away. But I think 830 00:38:32.480 --> 00:38:36.880 you could actually do that possibly, you know, in the future, 831 00:38:37.039 --> 00:38:39.639 if you had to, they if somehow they did get 832 00:38:39.679 --> 00:38:41.320 a huge judgment, go ahead, doc. 833 00:38:41.280 --> 00:38:45.079 Well, one of our morons actually said something interesting. Yeah, 834 00:38:45.159 --> 00:38:48.800 they lived there for twenty years without any problems. As 835 00:38:48.840 --> 00:38:51.719 soon as the tenants move in, who's in a taxidermy 836 00:38:52.079 --> 00:38:55.800 in the house. Yeah, with no ventilation and chemicals, all 837 00:38:55.840 --> 00:38:59.239 of a sudden they have problems. Wouldn't that also be 838 00:39:00.079 --> 00:39:01.079 a good thing to bring up. 839 00:39:01.119 --> 00:39:03.800 It's all the it's all the cost of the defense though. 840 00:39:03.840 --> 00:39:07.000 That that's what sucks about this to me, the whole case. 841 00:39:07.159 --> 00:39:10.920 If everything Tiffany's saying is just honest and straight up, 842 00:39:10.920 --> 00:39:15.639 and I believe her, I can't imagine having to hire 843 00:39:15.639 --> 00:39:16.320 an attorney. 844 00:39:16.440 --> 00:39:18.199 How much of a retainer are you going to have 845 00:39:18.239 --> 00:39:18.519 to pay? 846 00:39:18.559 --> 00:39:23.480 Tiffany three thousand and then she's three hundred an hour, 847 00:39:23.519 --> 00:39:25.559 which isn't bad, but she said the retainer could be 848 00:39:26.360 --> 00:39:28.559 it could require multiple retainers. 849 00:39:28.880 --> 00:39:32.000 Oh my god, you'll go through three thousand so quick 850 00:39:32.039 --> 00:39:32.960 you won't even blank. 851 00:39:33.079 --> 00:39:34.360 I mean, that's that's nothing. 852 00:39:34.760 --> 00:39:37.559 I mean, that's that's That's what irritates the hell out 853 00:39:37.599 --> 00:39:40.800 of me about this. It truly is a shakedown because 854 00:39:40.840 --> 00:39:45.039 they probably have some agreement with this attorney, Like either 855 00:39:45.119 --> 00:39:47.880 they know them and this is purely a guess. Either 856 00:39:47.920 --> 00:39:52.239 they know him, or he's doing it somewhat on contingency. 857 00:39:52.480 --> 00:39:53.800 He's a brand new attorney. 858 00:39:53.840 --> 00:39:56.199 It's not like he's got a bunch of you know, 859 00:39:56.320 --> 00:39:59.760 people out there that that are clients of his. I mean, 860 00:40:00.000 --> 00:40:02.039 maybe he does, I don't know, but to me, it's 861 00:40:02.039 --> 00:40:05.119 a shakedown. And I feel horrible for you, Tiffany. And 862 00:40:05.159 --> 00:40:07.800 that's why I was saying maybe even the bankruptcy route, 863 00:40:07.880 --> 00:40:10.079 because how much can you throw at this. I mean, 864 00:40:10.159 --> 00:40:11.920 I don't want you to answer that question. You have 865 00:40:12.000 --> 00:40:15.000 equity in the house, and that's probably what they see 866 00:40:15.320 --> 00:40:17.719 in the long run, is the equity. But my god, 867 00:40:17.800 --> 00:40:20.239 this really sucks. I don't think they were injured by 868 00:40:20.239 --> 00:40:23.360 the mold. They hired a mold company that came out 869 00:40:23.880 --> 00:40:27.599 and basically said that there was no airborne mold. 870 00:40:27.800 --> 00:40:29.519 And I want to tell everybody something. 871 00:40:29.639 --> 00:40:34.199 Listen, by the time if this literally goes through discovery, 872 00:40:35.280 --> 00:40:37.880 if it went through discovery, and we're talking now, we 873 00:40:37.920 --> 00:40:42.679 have a mold company involved, there's one deposition you have, Tiffany, 874 00:40:42.760 --> 00:40:45.400 is going to be two depositions. You're gonna have both 875 00:40:45.440 --> 00:40:48.119 of those tenants, and then you're gonna have probably another 876 00:40:48.199 --> 00:40:51.360 expert tickets hired. Just that I'm throwing this out to 877 00:40:51.400 --> 00:40:57.199 Brad O'Brien, five depositions. Just take a guess each each 878 00:40:57.280 --> 00:41:00.599 person being deposed maybe an hour and that's being probably 879 00:41:00.639 --> 00:41:03.559 pretty generous, but let's say an hour or what do you. 880 00:41:03.519 --> 00:41:06.280 Think case like this, I think both each side would 881 00:41:06.280 --> 00:41:08.519 probably incurre at least twenty five thousand attorney phase. 882 00:41:08.679 --> 00:41:10.679 I think easily twenty five with. 883 00:41:10.639 --> 00:41:13.599 A prevailing party attorney feed provision. The loser may have 884 00:41:13.639 --> 00:41:17.719 to pay all both sides, so fifty So that's that's 885 00:41:17.719 --> 00:41:19.920 probably equal to or more than the amountain. That's even 886 00:41:19.920 --> 00:41:22.320 in dispute, which is crazy. So it's like the tailwag 887 00:41:22.320 --> 00:41:22.719 and the dog. 888 00:41:23.119 --> 00:41:24.960 Yeah, I mean that's it's like, what do you do 889 00:41:25.039 --> 00:41:26.239 in that case? What other? 890 00:41:26.400 --> 00:41:28.840 Just out of curious to Tiffany, then I'm gonna move 891 00:41:28.880 --> 00:41:31.159 on for now until you get served. But I mean, 892 00:41:31.159 --> 00:41:33.679 do you do you have a lot? I just don't 893 00:41:33.719 --> 00:41:35.280 want to even talk about it on the air. That's 894 00:41:35.320 --> 00:41:37.559 the other part. I don't want to ask her about 895 00:41:37.559 --> 00:41:40.559 her assets. But I'm just wondering about bankruptcy. I mean, 896 00:41:40.639 --> 00:41:44.039 because if if she was under the threshold, but she 897 00:41:44.199 --> 00:41:46.559 might be over with the equity in that house, I 898 00:41:46.599 --> 00:41:48.800 mean de equity could be massive. 899 00:41:48.880 --> 00:41:50.920 I mean, are you talking like three four hundred grand 900 00:41:51.000 --> 00:41:51.280 or more? 901 00:41:54.000 --> 00:41:54.199 Oh? 902 00:41:54.320 --> 00:41:58.679 Man, probably just so it's probably not even gonna be Uh. 903 00:41:58.920 --> 00:42:01.320 Are you thinking about the homestead of exemption? Yeah, no, 904 00:42:01.360 --> 00:42:03.920 that does not apply it to rental property only plast it's. 905 00:42:03.800 --> 00:42:06.480 Not a rental property. It's her main She's only been 906 00:42:06.519 --> 00:42:09.039 out of there for like four months. She lived there 907 00:42:09.119 --> 00:42:11.880 her whole life, or not her whole life. But how 908 00:42:11.880 --> 00:42:13.159 many years did you live there? 909 00:42:13.719 --> 00:42:16.400 No, I've lived in Breckner's for fifteen and then out 910 00:42:16.440 --> 00:42:18.679 of that home. I think it's in two thousand and 911 00:42:18.960 --> 00:42:21.079 seventeen October of twenty seventeen. 912 00:42:20.760 --> 00:42:23.199 So she lived there up until September, right. 913 00:42:23.239 --> 00:42:25.239 But she now moved out and is living somewhere else 914 00:42:25.280 --> 00:42:25.639 Where are. 915 00:42:25.599 --> 00:42:27.679 You living now? Yeah? 916 00:42:27.760 --> 00:42:29.679 So no, I moved out when Brian passed away. 917 00:42:30.039 --> 00:42:32.760 In oh she's been out of there for eighteen months. 918 00:42:33.039 --> 00:42:35.159 Lose that exemption as soon as you move out, So 919 00:42:35.280 --> 00:42:40.079 that's it. Oh my god, Dear Tiffany, I just can't 920 00:42:40.079 --> 00:42:40.639 believe this. 921 00:42:40.800 --> 00:42:41.639 The person. 922 00:42:42.199 --> 00:42:45.000 Well, you have an attorney, but man, I'm telling you, 923 00:42:45.039 --> 00:42:48.079 this could be. This could be a massive amount. I 924 00:42:49.480 --> 00:42:52.559 love Brad's opinion, but I don't think it's twenty five thousand. 925 00:42:52.920 --> 00:42:56.280 I think before you actually walk into a courtroom, I said, 926 00:42:56.280 --> 00:43:00.159 at least yeah, Okay, I'm saying like, I'm thinking you 927 00:43:00.159 --> 00:43:03.519 could be fifty plus deep in this. I've gone through 928 00:43:03.599 --> 00:43:06.719 like four or five depositions in one case, and I 929 00:43:06.760 --> 00:43:09.039 was one hundred and fifty grand in so I mean, 930 00:43:09.440 --> 00:43:13.199 let me give you an idea of that. It's insane money. Wow, 931 00:43:14.039 --> 00:43:17.199 it's insane. I mean, really, it's insane. I mean, what 932 00:43:17.239 --> 00:43:20.039 would you do, Dimitri? Honestly, it's not First of all, 933 00:43:20.039 --> 00:43:21.920 I'm gonna I just want to tell you this. It's 934 00:43:21.920 --> 00:43:26.599 not frivolous. It's not frivolous. They live there, and I 935 00:43:26.679 --> 00:43:27.039 get it. 936 00:43:27.039 --> 00:43:27.639 It's bogus. 937 00:43:27.679 --> 00:43:30.159 I think it's a shakedown. That's my opinion. But just 938 00:43:30.239 --> 00:43:33.679 throw that argument out. Let's just say the judge goes, nope. 939 00:43:33.400 --> 00:43:35.400 We're moving forward. I mean, what do you do. 940 00:43:35.480 --> 00:43:38.400 I guess you just defend yourself, You tap into the equity, 941 00:43:38.480 --> 00:43:40.760 you do whatever you have to do, and then hopefully, 942 00:43:40.920 --> 00:43:44.079 why do you think maybe she would recover let's say 943 00:43:44.119 --> 00:43:46.920 she wins, Brad, why do you think she might recover 944 00:43:47.000 --> 00:43:48.159 attorney's fees. 945 00:43:49.639 --> 00:43:53.360 If there is a prevailing party attorney fe provision in the. 946 00:43:53.400 --> 00:43:56.000 Least was there, Tiffany, Did the least you have with 947 00:43:56.079 --> 00:43:58.880 them have a prevailing attorney fees? 948 00:44:00.199 --> 00:44:00.239 No? 949 00:44:01.480 --> 00:44:03.039 God, you know what it might have. 950 00:44:03.199 --> 00:44:03.719 It might have. 951 00:44:04.000 --> 00:44:07.320 Actually I can't remember, to be honest, I just purchased 952 00:44:07.320 --> 00:44:09.760 a new lease agreement from an attorney that made it 953 00:44:09.800 --> 00:44:13.360 a little tighter because obviously mine is not. So I 954 00:44:13.440 --> 00:44:15.480 just I can't remember if there was or not. 955 00:44:15.639 --> 00:44:17.400 Can you send that over to us? 956 00:44:18.079 --> 00:44:18.639 Absolutely? 957 00:44:18.719 --> 00:44:21.320 All right, So listen, I mean, you hired an attorney. 958 00:44:21.800 --> 00:44:24.559 Just keep us, just keep us in the loop. There's 959 00:44:24.639 --> 00:44:26.599 really not much we can do. The only thing I 960 00:44:26.639 --> 00:44:29.360 want to do right now is just educate you. It's 961 00:44:29.400 --> 00:44:32.920 not going to be three thousand bucks. That's unless they 962 00:44:33.199 --> 00:44:34.960 come up with a settlement or something. 963 00:44:35.440 --> 00:44:38.599 I mean, it's just crazy. That's what the shakedown is. Guys. 964 00:44:38.880 --> 00:44:40.719 You know, what is she going to do? Spend fifty 965 00:44:40.800 --> 00:44:43.480 thousand on an attorney or pay him twenty five? 966 00:44:43.519 --> 00:44:45.679 What do you do? People go, oh, well, i'd never 967 00:44:45.760 --> 00:44:48.239 let that happen. Well, what do you do? 968 00:44:48.280 --> 00:44:50.840 At some point everything's in economic accountit orders. 969 00:44:50.840 --> 00:44:53.079 I'll give you fifteen right now to go away. 970 00:44:53.679 --> 00:44:57.679 Yeah, I don't know. Maybe it's a true shakedown. Tiffany, 971 00:44:57.719 --> 00:45:00.480 Please you got my personal number. Pap us in the 972 00:45:00.519 --> 00:45:03.519 loop three oh three seven one three A two five five. 973 00:45:03.719 --> 00:45:06.719 Any questions you have for Brad O'Brien, any things you 974 00:45:06.760 --> 00:45:08.440 want to talk about, We want to hear from you 975 00:45:08.519 --> 00:45:11.679 right now three zero three Martina will be right back. 976 00:45:17.840 --> 00:45:21.079 Go with a sure thing Denver's best rufer Excel Roofing 977 00:45:21.199 --> 00:45:21.760 dot com. 978 00:45:21.800 --> 00:45:25.079 You don't pays cent until you're content than. 979 00:45:27.199 --> 00:45:30.400 Time for an insurance check up free no obligation comparison 980 00:45:30.519 --> 00:45:34.039 call Compass Insurance paying too much your coverage at dozens 981 00:45:34.079 --> 00:45:36.840 of insurance companies find out now three oh three seven 982 00:45:36.920 --> 00:45:39.719 seven to one help. You'll think you're his only customer 983 00:45:39.760 --> 00:45:42.039 when you choose Frank Durand the real estate Man dot 984 00:45:42.039 --> 00:45:45.360 com to list your home with Remax Alliance three oh 985 00:45:45.400 --> 00:45:47.360 three nine two zero sixteen twenty two. 986 00:45:54.599 --> 00:45:56.760 All right, Frank Duran, the real estate Man. 987 00:45:57.400 --> 00:45:59.480 My talk to Frank last night. He is a great guy, 988 00:45:59.519 --> 00:46:02.119 absolutely a great guy. I'm going to keep it somewhat 989 00:46:02.159 --> 00:46:04.960 confidential what we talked about, but he is one of 990 00:46:04.960 --> 00:46:09.039 the nicest guys I've ever met. He's incredible and as 991 00:46:09.079 --> 00:46:14.639 far as a real estate guy, he's remarkable. He sold 992 00:46:14.679 --> 00:46:17.599 our house in Castle Rock for more than that same 993 00:46:17.679 --> 00:46:20.760 model went at the same time anywhere in Red Hawk. 994 00:46:20.880 --> 00:46:22.760 It was crazy. That was the name of the neighborhood. 995 00:46:23.039 --> 00:46:28.039 And then when he negotiated our new house, he made 996 00:46:28.159 --> 00:46:32.480 a unbelievable offer and he came up with it how 997 00:46:32.519 --> 00:46:34.360 we could save a ton of money, and it worked. 998 00:46:34.480 --> 00:46:36.800 I mean, the bottom line was, we made a cash offer, 999 00:46:36.840 --> 00:46:39.000 and we did it quick and only gave him like 1000 00:46:39.039 --> 00:46:41.199 twenty four hours to think about it, the whole bit. 1001 00:46:41.559 --> 00:46:43.400 I mean, but he came up with that game plan 1002 00:46:43.480 --> 00:46:45.840 and I'll be danged, it worked. It simply worked, and 1003 00:46:45.880 --> 00:46:48.920 it was the best Frank Duran Holmes dot com. So 1004 00:46:49.079 --> 00:46:52.599 I do want to ask our attorney in studio, Brad O'Brien. Brad, 1005 00:46:53.079 --> 00:46:55.280 I mean, you know, I do look at that as 1006 00:46:55.280 --> 00:46:57.360 a shakedown. No matter what, it doesn't matter, we're not 1007 00:46:57.440 --> 00:47:01.719 going back to Tiffany. But it's so unfortunate there. I mean, 1008 00:47:01.800 --> 00:47:04.039 I have no idea what you do in a circumstance 1009 00:47:04.159 --> 00:47:06.119 like that. I guess you end up hiring an attorney 1010 00:47:06.280 --> 00:47:08.440 and you fight. But if she doesn't even have a 1011 00:47:08.480 --> 00:47:10.320 clause in that lease, and we're gonna look at that 1012 00:47:10.480 --> 00:47:15.719 least later for attorney's fees to the winning party. I mean, god, 1013 00:47:15.760 --> 00:47:17.840 I mean it could cost twenty five to fifty thousand 1014 00:47:17.840 --> 00:47:19.000 and she did nothing wrong. 1015 00:47:19.159 --> 00:47:20.760 It literally could end up that way. 1016 00:47:21.519 --> 00:47:24.480 Yeah, it's really a business decision that the that anybody 1017 00:47:24.480 --> 00:47:26.280 has to think about before they get into a court case. 1018 00:47:26.400 --> 00:47:28.880 And you have to think about what's the what are 1019 00:47:28.920 --> 00:47:31.360 your chances of winning if you win, how much can 1020 00:47:31.400 --> 00:47:33.159 you win if you lose, how much can you lose? 1021 00:47:33.760 --> 00:47:36.280 What are the attorney fees to get that win? And 1022 00:47:36.400 --> 00:47:37.760 is it worth it? You know, if you were gonna 1023 00:47:37.760 --> 00:47:40.719 spend five thousand attorney fees to win like twenty. 1024 00:47:40.480 --> 00:47:41.599 Five, maybe that's a good deal. 1025 00:47:41.719 --> 00:47:42.480 Yeah, good bet. 1026 00:47:42.480 --> 00:47:44.159 But if you're gonna spend twenty five to win five, 1027 00:47:44.199 --> 00:47:44.960 that's ridiculous. 1028 00:47:45.000 --> 00:47:47.880 Don't you hate the fact though? Like these kind of shakedowns, 1029 00:47:48.239 --> 00:47:50.480 I mean, really remember the one. I think you were 1030 00:47:50.519 --> 00:47:52.280 involved with it for a little bit. I'm not going 1031 00:47:52.360 --> 00:47:54.559 to get in the names or anything, but you know, 1032 00:47:54.639 --> 00:47:58.920 the guy's wife died and someone bought the house and 1033 00:47:59.760 --> 00:48:01.440 he had like a camera in the house. 1034 00:48:01.480 --> 00:48:03.039 This is the craziest story ever. 1035 00:48:03.360 --> 00:48:05.440 So he actually don't ask me why he had a 1036 00:48:05.480 --> 00:48:07.800 camera in his ex wife's house, but she knew about it, 1037 00:48:08.280 --> 00:48:11.159 and he was an attorney and he moved out of state, 1038 00:48:11.199 --> 00:48:14.119 older guy, and I think he was actually disbarred at 1039 00:48:14.119 --> 00:48:18.719 one point from Colorado. But the bottom line was he 1040 00:48:18.840 --> 00:48:21.920 bought the house and this attorney basically made it to 1041 00:48:21.960 --> 00:48:24.440 where they didn't get to move into that house for 1042 00:48:24.559 --> 00:48:26.920 like a year. You know which one I'm talking about. 1043 00:48:26.960 --> 00:48:30.599 I mean, to me, that's a shakedown. I mean, wouldn't 1044 00:48:30.599 --> 00:48:35.199 you agree. I mean to me, once again, frivolous is 1045 00:48:35.239 --> 00:48:38.159 a hard word to throw out, but my god. 1046 00:48:38.000 --> 00:48:40.559 I mean, he was saying, it's my house. It was 1047 00:48:40.719 --> 00:48:41.320 just nuts. 1048 00:48:41.519 --> 00:48:44.519 They literally didn't have access or use of that house 1049 00:48:44.880 --> 00:48:47.199 for a long time. I don't In fact, I haven't 1050 00:48:47.199 --> 00:48:49.800 talked to that caller in a while. But I mean, 1051 00:48:49.920 --> 00:48:51.639 I don't even know if they still own the house 1052 00:48:51.719 --> 00:48:53.760 or if they sold it. But it was so bad 1053 00:48:53.800 --> 00:48:55.840 I don't even think she wanted to move into it 1054 00:48:55.880 --> 00:48:56.400 at the end. 1055 00:48:56.960 --> 00:48:57.480 The wife. 1056 00:48:57.679 --> 00:49:00.800 Yeah, people can use the courts to cause delays that 1057 00:49:01.199 --> 00:49:02.719 make it tough for the other side. If the other 1058 00:49:02.760 --> 00:49:05.400 side really needs to sell quickly and the other side 1059 00:49:05.440 --> 00:49:07.360 starts some action that may not be very strong, but 1060 00:49:07.360 --> 00:49:10.559 it's enough to cause a delay that might get them 1061 00:49:10.559 --> 00:49:12.320 a settlement that they otherwise wouldn't get. 1062 00:49:12.559 --> 00:49:14.599 Brad, what do you think about my suggestion to make 1063 00:49:14.639 --> 00:49:18.920 them account offer? I mean, if she count offers, I'll 1064 00:49:18.920 --> 00:49:19.920 give you fifteen thousand. 1065 00:49:20.000 --> 00:49:21.079 That's what you're looking for. 1066 00:49:21.280 --> 00:49:24.559 Yeah, yeah, somebody count somebody cannot afford to take a 1067 00:49:24.599 --> 00:49:26.360 case all the way through trial probably ought to be 1068 00:49:26.400 --> 00:49:27.440 talking about a settlement. 1069 00:49:27.519 --> 00:49:29.920 Well doesn't that That's where I go back. That sucks 1070 00:49:29.920 --> 00:49:30.800 so bad. 1071 00:49:31.119 --> 00:49:31.880 That's how it works. 1072 00:49:32.199 --> 00:49:34.679 It's just I know that's how it works. I mean, 1073 00:49:34.840 --> 00:49:36.840 I get that's how it works. You know. 1074 00:49:36.880 --> 00:49:40.800 There's been a few times where we've been sued and 1075 00:49:41.639 --> 00:49:45.119 basically for saying something and it has got thrown out. 1076 00:49:45.119 --> 00:49:48.079 We called a slapsuit because they're saying, oh, you know, 1077 00:49:49.239 --> 00:49:51.800 they called me a scumbag or whatever it happens to be. 1078 00:49:52.679 --> 00:49:55.639 And the bottom line is it just comes down to opinion, 1079 00:49:56.079 --> 00:49:58.159 and in a slapsuit, when it gets tossed out, you 1080 00:49:58.159 --> 00:50:01.519 can get attorney's views. In fact, one time someone brought 1081 00:50:01.519 --> 00:50:06.400 a lawsuit against Tom Oh this was crazy. Not only 1082 00:50:06.440 --> 00:50:08.840 did the judge throw it out, but he got attorney's 1083 00:50:08.880 --> 00:50:12.079 fees that he had to pay, and he ended up 1084 00:50:12.079 --> 00:50:16.320 with the woman's condo he literally she sued him. It 1085 00:50:16.400 --> 00:50:19.679 was frivolous. Basically it was a slapsuit. There was no 1086 00:50:20.119 --> 00:50:23.599 merit behind it. The judge not only and this is 1087 00:50:23.639 --> 00:50:25.880 when it got to court. It was in court the 1088 00:50:26.000 --> 00:50:29.599 judge threw the thing out, granted attorney's fees. 1089 00:50:29.960 --> 00:50:31.639 She didn't have the money she had. 1090 00:50:31.639 --> 00:50:34.280 Basically an attorney friend that was working for didn't have 1091 00:50:34.320 --> 00:50:37.119 the money, and he foreclosed down her condo eventually. 1092 00:50:37.280 --> 00:50:39.760 I mean, think about that. It's crazy. 1093 00:50:39.800 --> 00:50:42.320 But in a case like this, I mean, you're right, Brad, 1094 00:50:42.360 --> 00:50:43.679 it's an economic decision. 1095 00:50:44.159 --> 00:50:46.360 Was you a Brad explained what a slapsuit is? 1096 00:50:47.000 --> 00:50:50.840 Well, it's basically technically in Colorado, there really isn't a slapsuit. 1097 00:50:50.880 --> 00:50:54.559 It's something with very little merit. In other words, you 1098 00:50:54.679 --> 00:50:57.679 sue me for giving my opinion on the air. 1099 00:50:59.000 --> 00:50:59.480 There's one. 1100 00:51:00.159 --> 00:51:02.519 I'm not going to get into what that particular one 1101 00:51:02.639 --> 00:51:03.079 was about. 1102 00:51:03.360 --> 00:51:03.800 I'll tell you. 1103 00:51:03.840 --> 00:51:05.760 One that was close. Okay, you want to hear one 1104 00:51:06.039 --> 00:51:09.599 a couple of years ago. Actually was it during COVID 1105 00:51:09.639 --> 00:51:10.639 with the dance Studio? 1106 00:51:11.679 --> 00:51:13.480 Uh right, yeah, I believe so. 1107 00:51:13.880 --> 00:51:14.360 It was. 1108 00:51:14.559 --> 00:51:16.280 This one was a big one. People that had been 1109 00:51:16.320 --> 00:51:18.239 listening to the show for a while Brad. You probably 1110 00:51:18.239 --> 00:51:20.719 don't know this, but so we did a show. This 1111 00:51:20.800 --> 00:51:25.199 woman calls up and says, hey, they're discriminating. This dance 1112 00:51:25.199 --> 00:51:29.360 studio is discriminating against my kids. And are kids where 1113 00:51:29.400 --> 00:51:33.519 I believe transgender and they're discriminating or the kids were gay, 1114 00:51:33.559 --> 00:51:37.079 I forget transgender gay something like that. And first of all, 1115 00:51:37.159 --> 00:51:39.440 just on the face of it, it sounds crazy because 1116 00:51:39.440 --> 00:51:41.559 when you think of a dance studio, you don't think 1117 00:51:41.760 --> 00:51:44.519 that would be an issue whatsoever. Dragon, you were in 1118 00:51:44.519 --> 00:51:47.320 that phone call, would we You don't even know this 1119 00:51:47.440 --> 00:51:49.519 part when when they sued us. 1120 00:51:49.519 --> 00:51:52.199 Do you remember the dance studio? Yeah, something about the 1121 00:51:52.519 --> 00:51:56.320 daughter being not yes, And it was years ago conversation 1122 00:51:56.440 --> 00:51:57.519 you probably don't even know. 1123 00:51:57.559 --> 00:51:59.639 We got suit on that. We don't tell people when 1124 00:51:59.639 --> 00:52:02.639 we get dude. We literally got sued on. Now it 1125 00:52:02.760 --> 00:52:05.760 was crazy. I mean, it was absolutely nuts. But I'm 1126 00:52:05.880 --> 00:52:09.519 going back what a slapsuit is doc. So they were 1127 00:52:09.599 --> 00:52:12.840 saying we ran him out of business. They said because 1128 00:52:12.880 --> 00:52:15.960 of this radio show and this woman calling that, we 1129 00:52:16.079 --> 00:52:18.719 ran him out of business, literally ran him out of business. 1130 00:52:18.880 --> 00:52:21.840 The dance studio closed up. Well, a couple things. One 1131 00:52:21.880 --> 00:52:24.360 the reason it did close up and it did close up. 1132 00:52:24.519 --> 00:52:26.920 Had nothing to do with us. I had to do 1133 00:52:26.960 --> 00:52:29.800 with COVID. COVID closed him up. It was during COVID. 1134 00:52:29.960 --> 00:52:32.599 Literally they couldn't have a dance studio. So it had 1135 00:52:32.639 --> 00:52:35.199 nothing to do with us in the phone call. But 1136 00:52:36.280 --> 00:52:38.119 they threatened to shake us down. 1137 00:52:38.480 --> 00:52:38.679 Doc. 1138 00:52:38.760 --> 00:52:41.719 They wanted I think fifty thousand, and we're like, there's 1139 00:52:41.719 --> 00:52:42.320 no way. 1140 00:52:42.159 --> 00:52:44.360 We didn't do anything. We can have an opinion. 1141 00:52:44.559 --> 00:52:47.920 In fact, if you listen to it, remember how Donald 1142 00:52:47.960 --> 00:52:51.199 Trump said a perfect call. Remember the perfect call he made. 1143 00:52:51.480 --> 00:52:54.079 We had a perfect call. It was one hundred percent 1144 00:52:54.079 --> 00:52:56.719 of perfect call. And we knew the attorneys they weren't 1145 00:52:56.719 --> 00:52:59.559 even attorneys to deal with this stuff, Dmitri. They it 1146 00:52:59.639 --> 00:53:02.519 was like, I don't you remember, like a family law 1147 00:53:02.519 --> 00:53:06.119 attorney or something had nothing to do with this kind 1148 00:53:06.199 --> 00:53:06.559 of thing. 1149 00:53:07.079 --> 00:53:08.800 Slander, It had nothing to do with it. 1150 00:53:09.360 --> 00:53:12.400 So they want they try to shake us down for 1151 00:53:12.519 --> 00:53:15.159 fifty Then it went down to twenty five, and then 1152 00:53:15.239 --> 00:53:17.880 finally we just said, you know, we had our attorney say, 1153 00:53:17.880 --> 00:53:18.719 you know what, just sue us. 1154 00:53:18.719 --> 00:53:19.159 We're done. 1155 00:53:19.360 --> 00:53:21.960 We're going to do it, and basically he told her, 1156 00:53:22.000 --> 00:53:24.199 and what's going to happen is you're going to walk 1157 00:53:24.199 --> 00:53:26.280 into court and we're going to end up getting our 1158 00:53:26.320 --> 00:53:29.000 attorney's fees, and we're going to take every single thing 1159 00:53:29.039 --> 00:53:31.079 you have. I'm going to take your house, your car, 1160 00:53:31.440 --> 00:53:35.360 anything you have. And that's our stance. That was our response. Basically, 1161 00:53:35.599 --> 00:53:38.000 they didn't file the suit, but they kept threatening to, 1162 00:53:38.360 --> 00:53:40.800 and our attorney basically wrote him a letter saying, that's 1163 00:53:40.840 --> 00:53:44.239 exactly what we're going to do. We would love, absolutely 1164 00:53:44.280 --> 00:53:45.880 love for you to sue us, and we're going to 1165 00:53:45.960 --> 00:53:48.960 take every damn sent you have. And they never they 1166 00:53:49.000 --> 00:53:51.199 never filed the case and went away, but they tried 1167 00:53:51.239 --> 00:53:54.400 to do it. That's what basically a slapsuit is. In Colorado, 1168 00:53:54.400 --> 00:53:57.440 there's technically not a slapsuit, and some states there are, 1169 00:53:57.719 --> 00:54:01.719 but it's exactly what I think that those tenants are 1170 00:54:01.760 --> 00:54:05.280 doing to her. But the problem is we had the money, 1171 00:54:05.280 --> 00:54:07.519 of course, to hire an attorney, and we have the 1172 00:54:07.559 --> 00:54:09.920 money to go through with it. Most people aren't going 1173 00:54:09.960 --> 00:54:12.000 to have that kind of dope like that poor Tiffany. 1174 00:54:12.480 --> 00:54:16.119 So a slapsuit is just you're shaking someone down. Okay, 1175 00:54:16.480 --> 00:54:17.519 does that happen. 1176 00:54:17.239 --> 00:54:19.719 In real estate? I mean, really, Brad, I mean does 1177 00:54:19.760 --> 00:54:20.840 that happen a lot or no? 1178 00:54:21.000 --> 00:54:24.320 Well, a slapsuit is a law suit with little or 1179 00:54:24.400 --> 00:54:28.360 no merits that's done to chill discussion or chill the 1180 00:54:28.800 --> 00:54:31.920 negative publicity that somebody might basically quiet them down. 1181 00:54:32.039 --> 00:54:36.440 Yeah so yeah, I mean, but it's just nuts to me. 1182 00:54:36.880 --> 00:54:39.000 I think back on that dance studio and I just 1183 00:54:39.039 --> 00:54:41.360 want to I don't know, but it is. It was 1184 00:54:41.400 --> 00:54:44.519 a shakedown, and you know, we just have the means 1185 00:54:44.559 --> 00:54:46.519 to stand up to it. But that one I was 1186 00:54:46.559 --> 00:54:49.280 talking about with Tom. You know, Tom's been sued personally 1187 00:54:50.400 --> 00:54:52.480 quite a bit over the years, and he's won every case, 1188 00:54:52.599 --> 00:54:56.320 never lost case, never lost a case, and most of 1189 00:54:56.360 --> 00:54:59.079 the time the other person ends up in really really 1190 00:54:59.119 --> 00:55:01.280 bad situation. I got to take a break, Dennis, I'll 1191 00:55:01.320 --> 00:55:04.239 come to you. And whoever's online two three oh three 1192 00:55:04.320 --> 00:55:07.280 seven one three eight two five y five. 1193 00:55:13.760 --> 00:55:17.039 Go with a sure thing Denver's Best Roofer Excel roofing 1194 00:55:17.119 --> 00:55:17.719 dot com. 1195 00:55:17.760 --> 00:55:19.800 You don't pay a cent until you're content. 1196 00:55:23.159 --> 00:55:26.360 Time for an insurance check up, free, no obligation comparison 1197 00:55:26.480 --> 00:55:30.039 call Compass Insurance paying too much your coverage at dozens 1198 00:55:30.039 --> 00:55:32.760 of insurance companies find out now three oh three seven 1199 00:55:32.760 --> 00:55:35.119 to seven to one help You'll think you're his only 1200 00:55:35.239 --> 00:55:37.679 customer when you choose Frank durand the real estate man 1201 00:55:37.760 --> 00:55:41.199 dot com to list your home with Remax Alliance three 1202 00:55:41.199 --> 00:55:45.400 oh three nine two zero sixteen twenty two. 1203 00:55:46.480 --> 00:55:48.440 All right, three oh three seven one three eight two 1204 00:55:48.480 --> 00:55:52.800 five five off here, I was reminiscing about shakedowns. I mean, really, 1205 00:55:52.840 --> 00:55:55.800 today's topic to me is shakedowns. I'm gonna go right 1206 00:55:55.840 --> 00:55:59.559 to the phones. But the shakedown is horrible. Anybody out 1207 00:55:59.559 --> 00:56:01.960 there that ever receives a letter, and it's not as 1208 00:56:02.000 --> 00:56:04.199 prominent as it used to be. But one of the 1209 00:56:04.280 --> 00:56:07.320 letters saying hey, you downloaded a movie or you downloaded 1210 00:56:07.599 --> 00:56:10.400 back in the day was called wasn't it Napster? Yeah, 1211 00:56:10.519 --> 00:56:11.440 naps That was. 1212 00:56:11.400 --> 00:56:12.000 The big one. 1213 00:56:12.079 --> 00:56:14.440 But this was a big deal about twenty years ago. 1214 00:56:14.599 --> 00:56:17.480 Maybe thousands of people were getting sued all the time 1215 00:56:17.480 --> 00:56:20.400 by RHEA, remember their Record Industry Association. 1216 00:56:20.559 --> 00:56:22.119 Absolutely, they're going. 1217 00:56:21.920 --> 00:56:25.840 After grandmothers for hundreds of thousands of dollars breach their 1218 00:56:26.039 --> 00:56:30.599 grandkids without the grandmother's knowledge, were downloading from Napster and 1219 00:56:30.639 --> 00:56:31.280 everything else. 1220 00:56:31.320 --> 00:56:33.559 And what I was telling Demitrius that happened to me 1221 00:56:33.599 --> 00:56:35.960 on a movie. I don't think it was that company, 1222 00:56:35.960 --> 00:56:38.880 but it was some slee's Ball attorney, and the bottom 1223 00:56:38.920 --> 00:56:41.679 line was you just don't answer. I knew a friend 1224 00:56:41.679 --> 00:56:44.599 that answered literally said, well, I didn't do it, maybe 1225 00:56:44.599 --> 00:56:45.880 someone was on my WiFi. 1226 00:56:46.280 --> 00:56:47.960 His answer actually. 1227 00:56:47.559 --> 00:56:51.880 Incriminated him, Yeah it did, which was crazy, and they 1228 00:56:51.880 --> 00:56:53.679 shook him down for ten grand. 1229 00:56:54.239 --> 00:56:56.880 But you don't. You don't even reply. 1230 00:56:57.320 --> 00:57:00.480 But how it typically works is, at least back the day, 1231 00:57:00.519 --> 00:57:03.960 and I'm saying last fifteen years, they'll go to century Link, 1232 00:57:04.039 --> 00:57:07.599 or they'll go to Xfinity, whoever your internet is, and 1233 00:57:07.840 --> 00:57:10.679 they'll go there with the court order saying hey IP 1234 00:57:10.960 --> 00:57:13.400 one nine two one six eight that five dot eight. 1235 00:57:13.840 --> 00:57:15.880 Of course that's a local but I mean an actual 1236 00:57:15.920 --> 00:57:19.039 IP address. You guys own that Class C that's one 1237 00:57:19.039 --> 00:57:21.760 of your IP addresses, and this court order says you 1238 00:57:21.920 --> 00:57:25.440 must give us information on it. So then century Link 1239 00:57:25.519 --> 00:57:28.639 has to give them information on who was using that 1240 00:57:28.760 --> 00:57:31.159 IP on their system at that time, and then it 1241 00:57:31.159 --> 00:57:34.119 comes back to whomever they're going after. At that point, 1242 00:57:34.159 --> 00:57:37.480 they won't release the name. So you're John Doe. So 1243 00:57:37.719 --> 00:57:41.800 if CenTra, if this shady attorney's coming after you, you'll get 1244 00:57:41.800 --> 00:57:45.800 a letter that's basically the John Doe that's basically saying 1245 00:57:45.840 --> 00:57:47.440 you're going to pay up, or we're going to take 1246 00:57:47.480 --> 00:57:50.159 you to court. And then the next thing that would 1247 00:57:50.239 --> 00:57:52.840 happen is they might literally take you to court if 1248 00:57:52.840 --> 00:57:55.000 they think they can win on it. But I mean, 1249 00:57:55.119 --> 00:57:57.440 you're right, that was a huge deal back in the day. 1250 00:57:57.719 --> 00:58:00.039 Sounds mark like this letter that you received didn't have 1251 00:58:00.119 --> 00:58:02.400 your name on it, or I was John Doe. 1252 00:58:02.519 --> 00:58:03.760 Oh that's how it was a dress. 1253 00:58:03.920 --> 00:58:08.559 Literally I was no that, No, I was literally John Doe, 1254 00:58:09.320 --> 00:58:11.960 literally John Doe. Have you ever heard of a John 1255 00:58:11.960 --> 00:58:14.800 Doe lawsuit, Brad O'Brien where you don't know who the 1256 00:58:15.320 --> 00:58:20.639 who the player, or who the defendant is yet. 1257 00:58:20.360 --> 00:58:23.480 I've never named somebody's John Doe, but sometimes on real 1258 00:58:23.559 --> 00:58:26.480 estate actions you'd name any and all interested parties who 1259 00:58:26.960 --> 00:58:27.559 are not known. 1260 00:58:27.679 --> 00:58:28.320 Yeah, I got you. 1261 00:58:28.480 --> 00:58:32.519 So when they they know it's somebody that they're going after, 1262 00:58:32.880 --> 00:58:35.400 but they don't know the name yet, you're John Doe, 1263 00:58:35.480 --> 00:58:37.880 and they can literally file a John Doe lawsuit. 1264 00:58:38.079 --> 00:58:38.920 And then when they. 1265 00:58:38.760 --> 00:58:41.599 File it, they'd go back to Century Link and figure 1266 00:58:41.639 --> 00:58:43.800 out exactly who you are, and then you would turn 1267 00:58:43.840 --> 00:58:46.760 into John Doe. But it's literally a John Doe John 1268 00:58:46.760 --> 00:58:49.280 Doe lawsuit. Hey Dennis, what's going on with you. And 1269 00:58:49.320 --> 00:58:51.840 by the way, two lines open three oh three seven 1270 00:58:51.920 --> 00:58:54.800 one three eight two five five pick Brad's brain. In fact, 1271 00:58:54.840 --> 00:58:57.760 I know Dimitri's got some questions for him. But hey, Dennis, 1272 00:58:57.800 --> 00:59:00.119 what's going on? 1273 00:59:00.440 --> 00:59:03.000 I think he answered one of my questions during the breaks. 1274 00:59:03.000 --> 00:59:04.480 That's eight eight eight heating. 1275 00:59:04.800 --> 00:59:04.960 Oh. 1276 00:59:04.960 --> 00:59:07.920 I wanted to know what you're talking about the other day. 1277 00:59:08.360 --> 00:59:11.079 And I think that's the one where you say they 1278 00:59:11.119 --> 00:59:13.679 come out and they'll do repairs and they don't always 1279 00:59:13.719 --> 00:59:15.239 try to talk to you into a new furnace. 1280 00:59:15.360 --> 00:59:17.559 Yeah, how old your furnace? I do have a few 1281 00:59:17.639 --> 00:59:18.360 questions for you. 1282 00:59:19.639 --> 00:59:22.280 Well, it's twenty years old, but it's a it's really 1283 00:59:22.280 --> 00:59:24.639 a good furnace. And I heated it for several years 1284 00:59:24.639 --> 00:59:25.480 with wood. 1285 00:59:25.239 --> 00:59:27.559 So I didn't even use them that much. 1286 00:59:27.679 --> 00:59:29.679 So it doesn't have a lot of hours on it, 1287 00:59:29.719 --> 00:59:32.639 if you will. What's wrong with it? Simply doesn't turn on. 1288 00:59:34.119 --> 00:59:36.480 No, there's nothing wrong right now. I just want I 1289 00:59:36.679 --> 00:59:39.159 like to backup numbers in my phone in case something 1290 00:59:39.159 --> 00:59:39.679 does go wrong. 1291 00:59:39.719 --> 00:59:41.119 Hey, Dennis, I'm going to tell you something. 1292 00:59:41.159 --> 00:59:41.320 Man. 1293 00:59:41.559 --> 00:59:45.199 Have you've never called eight eight eight before? Have you? 1294 00:59:45.239 --> 00:59:47.480 No, I've never called any heating company. 1295 00:59:47.639 --> 00:59:51.800 Listen, what area are you in just roughly up north 1296 00:59:52.440 --> 00:59:57.760 where North Denver. Okay, listener, check it out, man, call 1297 00:59:57.840 --> 01:00:03.360 them up. Say you want the Troubleshooter Special. Okay, forty 1298 01:00:03.400 --> 01:00:05.480 five bucks. They're gonna come out to that furnace. It's 1299 01:00:05.559 --> 01:00:09.960 running right now, works good, right. Oh, they're gonna listen, 1300 01:00:10.039 --> 01:00:12.199 they're gonna tear it apart. They're gonna get all the 1301 01:00:12.239 --> 01:00:14.559 dirt out of it. They're gonna clean the blower. They're 1302 01:00:14.559 --> 01:00:17.119 gonna look at the heat exchanger and make sure it's clean. 1303 01:00:17.440 --> 01:00:19.800 They're gonna do they're gonna basically do a tune up 1304 01:00:19.880 --> 01:00:22.800 if anything. I mean it's you know, technically not a 1305 01:00:22.840 --> 01:00:25.039 tune up because they're not really throwing any parts on it. 1306 01:00:25.199 --> 01:00:27.440 But they're gonna clean the heck out of it and 1307 01:00:27.480 --> 01:00:29.119 they'll do all of it. They're gonna be there an 1308 01:00:29.119 --> 01:00:31.880 hour to two hours, man, and it's only gonna cost 1309 01:00:31.920 --> 01:00:34.599 you forty five dollars. And then they'll put a sticker 1310 01:00:34.639 --> 01:00:37.199 on there. They'll give you the no breakdown guarantee. But 1311 01:00:37.239 --> 01:00:39.800 it's only for new customers. They want to prove to you, 1312 01:00:39.880 --> 01:00:43.159 of course you know how great they are. Then you know, 1313 01:00:43.239 --> 01:00:45.880 if something does break in the FEU. The future either 1314 01:00:45.920 --> 01:00:48.840 that furnace or your air conditioner or your water heater. 1315 01:00:49.119 --> 01:00:51.119 You know, you know who to call. That's why they 1316 01:00:51.159 --> 01:00:52.360 do it. But it's the real deal. 1317 01:00:52.639 --> 01:00:55.000 It's not the deal like where you just, you know, 1318 01:00:55.960 --> 01:00:58.440 call someone up for a thirty nine dollars tune up 1319 01:00:58.519 --> 01:01:00.880 or a nineteen dollars tune up and all of a sudden, 1320 01:01:00.920 --> 01:01:02.840 all they're saying is, oh, you need a new furnace. 1321 01:01:02.880 --> 01:01:05.280 It's nothing like that. It's the real deal. But what's 1322 01:01:05.280 --> 01:01:06.199 your second question? 1323 01:01:07.400 --> 01:01:10.360 And the second one is I think it was this 1324 01:01:10.440 --> 01:01:13.679 week you're talking to some guy that called him he 1325 01:01:13.760 --> 01:01:17.360 wanted a wind shield for his older pickup, and then 1326 01:01:17.440 --> 01:01:20.880 some other guy called in and said that he was windshield. 1327 01:01:21.000 --> 01:01:23.679 Oh yeah, Mark, it was the gentleman with the classic 1328 01:01:23.840 --> 01:01:27.159 nineteen ninety three car and he Phil and he wanted 1329 01:01:27.199 --> 01:01:30.639 the original Oe had. 1330 01:01:30.480 --> 01:01:32.360 Thirty thousand miles. 1331 01:01:32.079 --> 01:01:36.880 Thirty thirty seven thousand miles, forty four thousand miles seven 1332 01:01:38.119 --> 01:01:42.039 forty seven thousand, Yeah, and he wanted that. Yeah, you're 1333 01:01:42.079 --> 01:01:45.519 absolutely right. What did you want that guy's number they 1334 01:01:45.519 --> 01:01:46.239 called in or what? 1335 01:01:47.599 --> 01:01:48.639 No? I wanted that? 1336 01:01:49.000 --> 01:01:51.480 I believe Kevin called in. He he was a guy 1337 01:01:51.519 --> 01:01:55.039 that sounds like PPG. Yeah or something. 1338 01:01:55.639 --> 01:01:59.639 Kelly, did we keep that guy's number, Susanne, I have 1339 01:01:59.760 --> 01:02:01.679 it because I was doing that day. 1340 01:02:01.800 --> 01:02:03.880 Here's the deal, though I don't like, I don't know 1341 01:02:04.000 --> 01:02:07.000 anything about that guy. I don't mind giving it to 1342 01:02:07.079 --> 01:02:09.280 you because you're asking. But I mean, that's what our 1343 01:02:09.320 --> 01:02:12.480 referral list is all about. I get to know the people. 1344 01:02:12.880 --> 01:02:15.960 Tom gets to know the people. We background check them 1345 01:02:16.280 --> 01:02:18.519 and they sign a code of ethics. So I don't 1346 01:02:18.519 --> 01:02:21.559 know anything about this guy, but he does seem legit. 1347 01:02:21.719 --> 01:02:25.400 He seemed to know about windshields and Suzanne, we'll give 1348 01:02:25.400 --> 01:02:27.679 you the number off air, but really what I should 1349 01:02:27.719 --> 01:02:30.159 do is have one of our salespeople reach out to 1350 01:02:30.280 --> 01:02:32.239 him to get him on referral list. And that goes 1351 01:02:32.280 --> 01:02:35.119 for any business out there. Really, that's why we can 1352 01:02:35.199 --> 01:02:37.519 refer you. We talk to you, we get to know you. 1353 01:02:37.880 --> 01:02:41.039 In fact, most new referral list members, Dimitrio, I don't you. 1354 01:02:41.039 --> 01:02:42.719 You're kind of new to the team. I don't know 1355 01:02:42.760 --> 01:02:44.599 if you even know this. Most of them we bring 1356 01:02:44.639 --> 01:02:47.159 into studio, oh. 1357 01:02:46.719 --> 01:02:47.280 Tons of them. 1358 01:02:47.280 --> 01:02:50.239 I mean I work here alongside of one of our experts, 1359 01:02:50.280 --> 01:02:52.079 so almost every day, oh every day. 1360 01:02:52.119 --> 01:02:55.880 But I'm saying, like, if this windshield guy goes through 1361 01:02:55.880 --> 01:02:58.679 the hoops, oh yeah, and gets on referral list. We'll 1362 01:02:58.719 --> 01:03:00.840 generally have him in at least the first time to 1363 01:03:00.880 --> 01:03:01.719 introduce the audience. 1364 01:03:01.800 --> 01:03:02.440 That'd be awesome. 1365 01:03:02.480 --> 01:03:04.679 So Dannis, hold on, we're gonna give that to you 1366 01:03:04.800 --> 01:03:07.360 off air, all right. And then Dean's got a question 1367 01:03:07.880 --> 01:03:11.000 on a John Doe lawsuit tests that's very curious. Or 1368 01:03:11.039 --> 01:03:13.159 he's got a comment. I wonder if he got hit 1369 01:03:13.199 --> 01:03:15.280 with one of those. Everybody, hang tight, we have a 1370 01:03:15.280 --> 01:03:18.000 couple lines open. Three oh three seven one, three eight 1371 01:03:18.000 --> 01:03:20.360 two five five. I'd love to talk to you, waiting 1372 01:03:20.400 --> 01:03:27.159 to hear from you. Three oh three Martino. 1373 01:03:28.360 --> 01:03:31.599 Go with a sure thing Denver's Best roofer Excel Roofing 1374 01:03:31.719 --> 01:03:32.320 dot com. 1375 01:03:32.360 --> 01:03:35.599 You don't pay a cent until you're content than. 1376 01:03:37.719 --> 01:03:40.920 Time for an insurance check up, free no obligation comparison 1377 01:03:41.039 --> 01:03:44.599 call Compass Insurance paying too much your coverage at dozens 1378 01:03:44.639 --> 01:03:47.360 of insurance companies find out now three oh three, seven 1379 01:03:47.400 --> 01:03:49.719 to seven to one help. You'll think you're his only 1380 01:03:49.800 --> 01:03:52.280 customer when you choose Frank durand the real estate Man 1381 01:03:52.320 --> 01:03:55.880 dot com to list your home with Remax Alliance three. 1382 01:03:55.800 --> 01:03:57.880 Oh three nine two zero sixteen twenty two. 1383 01:04:00.480 --> 01:04:02.840 All right, three three seven two five. 1384 01:04:03.320 --> 01:04:06.719 Dean had a comment on the John Doe lawsuit we 1385 01:04:06.760 --> 01:04:07.480 were talking about. 1386 01:04:07.519 --> 01:04:10.559 Basically, John Doe lawsuit. 1387 01:04:10.440 --> 01:04:13.079 Is if you don't know who the defendant is or 1388 01:04:13.119 --> 01:04:15.239 their true name. You know who it is, but you 1389 01:04:15.239 --> 01:04:19.159 don't know their actual name, or possibly a statute of 1390 01:04:19.239 --> 01:04:22.639 limitations is getting ready to run out and you don't 1391 01:04:22.679 --> 01:04:23.039 know them. 1392 01:04:23.239 --> 01:04:24.840 That's another reason to file one. 1393 01:04:25.239 --> 01:04:30.320 And then maybe sometimes to protect someone's identity. I guess 1394 01:04:30.559 --> 01:04:33.119 maybe like in the example of a rape case or 1395 01:04:33.159 --> 01:04:34.360 something along those lines. 1396 01:04:34.559 --> 01:04:36.559 I'm not exactly sure on that part, but go ahead. 1397 01:04:36.559 --> 01:04:37.239 What's your comment? 1398 01:04:38.320 --> 01:04:39.000 Okay? You there? 1399 01:04:39.079 --> 01:04:39.920 Yeah, I'm here, Dean. 1400 01:04:40.159 --> 01:04:44.480 All right, you've got a real estate attorney with you. 1401 01:04:44.599 --> 01:04:46.039 Correct, yes, right next to me. 1402 01:04:46.880 --> 01:04:51.119 Is he familiar with the Conoradic Immigrant Tenant Protection Act? 1403 01:04:52.320 --> 01:04:52.920 No, I'm not. 1404 01:04:53.159 --> 01:04:53.920 What is it, Dean? 1405 01:04:55.119 --> 01:04:57.840 Well, it has to do with a lawsuit was filed 1406 01:04:57.960 --> 01:04:59.840 the end of last month in a rap A Hope, 1407 01:04:59.840 --> 01:05:04.239 CA County buy some illegal immigrants that were renting an apartment. 1408 01:05:04.360 --> 01:05:06.239 Hey, give me the name of that again. What is it? 1409 01:05:08.119 --> 01:05:11.159 The Colorado Immigrant Pennant peck. 1410 01:05:12.440 --> 01:05:15.280 And it passed legislation right, It's like it's a law. 1411 01:05:16.519 --> 01:05:20.719 Yeah, it's a thirty eight DA twelve one two zero. 1412 01:05:20.519 --> 01:05:22.599 Three thirty eight dash. 1413 01:05:22.679 --> 01:05:24.840 That's so, that's what I needed instead of Google thirty 1414 01:05:24.880 --> 01:05:26.079 eight dash twelve dot what. 1415 01:05:28.440 --> 01:05:34.159 Twelve dash one two zero three b all. 1416 01:05:34.119 --> 01:05:35.599 Right, I'm going to look it up. Keep going, So 1417 01:05:35.639 --> 01:05:38.559 go ahead, give us the give us the information. 1418 01:05:38.639 --> 01:05:42.400 All right. So, and I don't know anybody involved in 1419 01:05:42.440 --> 01:05:46.400 this thing other than the plaintiffs are John Dealt. They're 1420 01:05:46.679 --> 01:05:49.719 illegal immigrants that moved into an apartment building in Aurora. 1421 01:05:51.440 --> 01:05:55.239 They gut behind on the rent and the guy that 1422 01:05:55.360 --> 01:05:58.760 owns the apartment says, you pay the rent or I'm 1423 01:05:58.760 --> 01:06:03.039 going to turn you into it. And they say to 1424 01:06:03.199 --> 01:06:07.239 do that, and he says, on going though, if you 1425 01:06:07.239 --> 01:06:08.000 don't pay the rent. 1426 01:06:08.119 --> 01:06:11.920 Yeah, So if you cannot harass or intimidate a tenant, 1427 01:06:12.440 --> 01:06:17.400 or retaliate against a tenant for exercising the tenants right 1428 01:06:17.440 --> 01:06:21.159 opposing any conduct interfere with the tenants, right, I don't 1429 01:06:21.159 --> 01:06:24.679 see anything about Well, I guess in a way, Brad O'Brien, 1430 01:06:24.800 --> 01:06:27.599 that's kind of I mean, if you if you tell 1431 01:06:27.679 --> 01:06:30.840 a tenant I'm gonna turn it's kind of like blackmail 1432 01:06:30.960 --> 01:06:33.519 or extortion in a way, right, I mean, wouldn't that 1433 01:06:33.559 --> 01:06:36.199 be wrong in most cases? Just and I'll let you 1434 01:06:36.280 --> 01:06:38.559 keep talking in a second, dem But I'm very curious 1435 01:06:38.559 --> 01:06:38.920 on this. 1436 01:06:39.840 --> 01:06:46.079 Well, so him and his wife have sued the guy 1437 01:06:46.119 --> 01:06:51.360 that owns the apartment, Yeah, based on that particular law, 1438 01:06:51.559 --> 01:06:54.280 and his attorneys are the ACLU. 1439 01:06:54.880 --> 01:06:58.480 Yeah, that's a lot of money there, Okay, at least 1440 01:06:58.480 --> 01:07:01.320 he used to be keep going. 1441 01:07:00.840 --> 01:07:04.320 Well anyway again, and they've got a temporary shaking order 1442 01:07:04.400 --> 01:07:06.199 right now to stay in there. 1443 01:07:06.360 --> 01:07:07.880 And it's going roun right now. 1444 01:07:09.519 --> 01:07:12.440 I told you it was filed the ends of January. 1445 01:07:12.679 --> 01:07:18.639 Oh my god, t Well, I don't know what you do. 1446 01:07:18.719 --> 01:07:21.440 I mean, first of all, if we're talking, it's actually 1447 01:07:21.519 --> 01:07:24.119 a CRS and it is I'm looking at it. I mean, 1448 01:07:24.159 --> 01:07:27.559 that's just what the law is right now. But Brad, 1449 01:07:27.599 --> 01:07:29.119 give me some opinions on this. 1450 01:07:30.239 --> 01:07:30.440 Well. 1451 01:07:30.519 --> 01:07:36.679 Colorado for housing purposes has several legally protected classes raised color, creed, sex, disability, 1452 01:07:36.719 --> 01:07:39.559 but also national origin has has been one and that's 1453 01:07:39.679 --> 01:07:42.480 I believe, separate from the statute that your color is referencing. 1454 01:07:43.199 --> 01:07:45.480 I've not had the occasion to use the statute on immigration. 1455 01:07:45.960 --> 01:07:48.679 Yeah, it says bring an action to recover possession of 1456 01:07:48.719 --> 01:07:51.920 a dwelling unit based solely or in part of an 1457 01:07:51.960 --> 01:07:58.199 immigration or citizenship status of a tenant. So they so 1458 01:07:58.440 --> 01:08:01.320 honestly they weren't paying, and then he threatened to turn 1459 01:08:01.360 --> 01:08:04.400 him into ICE, and then the ACL you got involved. 1460 01:08:04.960 --> 01:08:07.719 Yeah, and the plaintiffs are John Doe and Jane Doe. 1461 01:08:07.880 --> 01:08:08.079 Yeah. 1462 01:08:09.639 --> 01:08:12.519 Yeah, that's because there, that's true. That's exactly why they 1463 01:08:12.639 --> 01:08:15.559 use it. What an interesting comment on what we were 1464 01:08:15.599 --> 01:08:16.119 talking about. 1465 01:08:16.199 --> 01:08:16.359 Dan. 1466 01:08:16.439 --> 01:08:18.439 That really is to bring in that John Doe in 1467 01:08:18.479 --> 01:08:21.239 that fashion. Hey, I appreciate that call. 1468 01:08:21.279 --> 01:08:21.479 Man. 1469 01:08:21.520 --> 01:08:24.319 That's uh, that gives me food for thought. I don't 1470 01:08:24.359 --> 01:08:26.439 know what to think of that. I don't think it's right. 1471 01:08:27.680 --> 01:08:28.600 I don't think it's right. 1472 01:08:28.720 --> 01:08:31.840 Well, if you're not getting paid, it sucks. Let's just 1473 01:08:31.960 --> 01:08:32.279 do that. 1474 01:08:32.399 --> 01:08:35.560 But there's legal ways to go about it, right, Brad, 1475 01:08:35.880 --> 01:08:38.800 But can you how do you look at that? 1476 01:08:38.960 --> 01:08:40.199 And I'll ask you after the break. 1477 01:08:40.239 --> 01:08:42.079 But what I want you to think about, Brad, is like, 1478 01:08:42.640 --> 01:08:45.039 if it's outside the immigration I get Hey, if you 1479 01:08:45.039 --> 01:08:46.720 don't pay me, I'm going to call ICE to try 1480 01:08:46.720 --> 01:08:48.640 to squeeze them so you get paid as a landlord. 1481 01:08:49.000 --> 01:08:51.840 But that could be I can call your job and 1482 01:08:51.920 --> 01:08:55.760 tell your boss you're a drunk and maybe he'll fire you. 1483 01:08:56.000 --> 01:08:59.039 I mean, there's different ways you could kind of blackmail people. 1484 01:08:59.359 --> 01:09:01.760 And I'm curious us if a if a landlord did that. 1485 01:09:02.239 --> 01:09:04.600 Not just in the case that guy was talking about, 1486 01:09:04.800 --> 01:09:06.199 but can you do that everybody? 1487 01:09:06.279 --> 01:09:07.720 Whole time? We got another hour coming. 1488 01:09:08.000 --> 01:09:10.600 Get on the whore now three o three seven to one, 1489 01:09:10.640 --> 01:09:15.039 three eight two five five three oh three Martino. 1490 01:09:17.840 --> 01:09:21.119 Go with a sure thing Denver's best roofer Excel Roofing 1491 01:09:21.239 --> 01:09:21.800 dot com. 1492 01:09:21.840 --> 01:09:23.840 You don't pay a cent until you're content. 1493 01:09:25.520 --> 01:09:29.720 Leave time for an insurance check up free, no obligation 1494 01:09:29.840 --> 01:09:33.720 comparison call Compass Insurance paying too much your coverage at 1495 01:09:33.760 --> 01:09:36.520 dozens of insurance companies find out now three oh three 1496 01:09:36.640 --> 01:09:39.239 seven seven to one help. You'll think you're his only 1497 01:09:39.319 --> 01:09:41.800 customer when you choose Frank durand the real estate Man 1498 01:09:41.840 --> 01:09:45.279 dot com to list your home with Remax Alliance three 1499 01:09:45.279 --> 01:09:59.920 oh three nine two zero sixteen twenty two. 1500 01:09:55.319 --> 01:10:02.279 News so you don't have come, runs just as fast 1501 01:10:02.319 --> 01:10:03.039 as we can. 1502 01:10:03.880 --> 01:10:07.560 Shoot's gonna help coming man. 1503 01:10:07.800 --> 01:10:12.840 This is the Troubleshooter Show. No, Tom Martinez, welcome you 1504 01:10:12.920 --> 01:10:13.239 to you. 1505 01:10:13.279 --> 01:10:15.279 The only show. If it's kind. We're here to solve 1506 01:10:15.319 --> 01:10:15.880 your problem. 1507 01:10:15.880 --> 01:10:19.359 Answer your questions, take your complaints, educate you, make your 1508 01:10:19.359 --> 01:10:21.399 life a little bit better. We got a great group 1509 01:10:21.439 --> 01:10:23.479 of people at referral list dot com, by the way, 1510 01:10:23.880 --> 01:10:26.439 and they're just great people. They help us solve problems. 1511 01:10:26.720 --> 01:10:30.680 In fact, over three hundred million dollars three hundred million 1512 01:10:30.720 --> 01:10:36.199 dollars in cash, merchandise, exchanges, refund services over a long 1513 01:10:36.279 --> 01:10:39.880 period of time, over forty years. If you have a problem, 1514 01:10:39.880 --> 01:10:41.560 we want to hear from you. We want to recoup 1515 01:10:41.600 --> 01:10:44.840 your money. God line's open three oh three seven one 1516 01:10:44.880 --> 01:10:48.479 three eight two five five three oh three seven one 1517 01:10:48.520 --> 01:10:50.760 three A two five five, or you can always email 1518 01:10:50.840 --> 01:10:55.239 us at help at troubleshooter dot com. Now let's talk 1519 01:10:55.279 --> 01:10:59.720 to Brad O'Brien, our guest today. Great guy. In fact, Brad, 1520 01:10:59.720 --> 01:11:01.800 you've been with his years and years at this point, 1521 01:11:02.319 --> 01:11:05.079 and you do real estate. The bottom line is if 1522 01:11:05.119 --> 01:11:08.439 it's commercial, if it's residential, I don't care. If you're 1523 01:11:08.520 --> 01:11:11.640 buying property, I don't care. If you're selling property. I 1524 01:11:11.680 --> 01:11:14.680 don't care if you know someone's suing you after you 1525 01:11:14.800 --> 01:11:19.119 close because they claim that you know you knew something, 1526 01:11:19.439 --> 01:11:24.560 didn't disclose it. Leases for landlords out there, it's pretty 1527 01:11:24.560 --> 01:11:27.840 complicated in Colorado, now right, I mean, honestly, it's not 1528 01:11:28.000 --> 01:11:31.840 complicated to you. But in other words, if you're a landlord, 1529 01:11:31.880 --> 01:11:34.920 my understanding is you can only raise the rent a 1530 01:11:34.960 --> 01:11:38.920 certain amount of times per year. You can't really just 1531 01:11:39.039 --> 01:11:41.560 kick a tenant out when the lease is up, as 1532 01:11:41.600 --> 01:11:44.600 crazy as that is. But there's a lot of changes 1533 01:11:44.640 --> 01:11:48.239 that have been made to Colorado law where there's a 1534 01:11:48.319 --> 01:11:50.239 lot of leases out there that are probably I don't 1535 01:11:50.279 --> 01:11:53.000 want to say invalid, but I mean they're just well, 1536 01:11:53.039 --> 01:11:56.079 how would that work If you sign a lease saying 1537 01:11:56.119 --> 01:11:58.560 you can raise rent every six month? 1538 01:11:58.640 --> 01:12:01.439 That means nothing now right on. 1539 01:12:01.399 --> 01:12:04.319 The resident On the residential side, we've had a lot 1540 01:12:04.319 --> 01:12:06.680 of changes in the last couple of years about what 1541 01:12:06.720 --> 01:12:08.880 has to be in the lease and what and limitations 1542 01:12:08.920 --> 01:12:14.119 on landlords in if a landlord is required to update 1543 01:12:14.119 --> 01:12:16.000 their lease, they don't have to go and change the 1544 01:12:16.079 --> 01:12:18.479 lease in the middle of the like a year long lease, 1545 01:12:18.560 --> 01:12:21.159 but at the next renewal, if they're gonna stick with 1546 01:12:21.199 --> 01:12:24.000 that tenant, they have to use a lease form that 1547 01:12:24.439 --> 01:12:25.359 complies with the law. 1548 01:12:25.680 --> 01:12:29.079 But if let me ask you on that on that though, 1549 01:12:29.159 --> 01:12:31.279 so let's say I have a lease that doesn't comply 1550 01:12:31.439 --> 01:12:33.960 with the law, but they already signed it. 1551 01:12:34.359 --> 01:12:36.640 I mean, it's not like it's grandfathered, right. 1552 01:12:36.720 --> 01:12:37.439 No, it's not like. 1553 01:12:37.479 --> 01:12:40.479 For example, pet deposits used to be you could us 1554 01:12:40.520 --> 01:12:42.520 to say they could be non refundable, but now they 1555 01:12:42.520 --> 01:12:44.760 have to be refundable less actual pets. 1556 01:12:44.760 --> 01:12:47.640 So even though if they signed a lease that's perpetual 1557 01:12:47.920 --> 01:12:50.479 and it's on its fifth year or whatever the terms are, 1558 01:12:51.159 --> 01:12:53.880 it still doesn't matter. They have to refund the pet 1559 01:12:54.319 --> 01:12:55.199 the pet deposit. 1560 01:12:55.720 --> 01:12:55.920 Right. 1561 01:12:56.000 --> 01:12:58.640 If there's a lease provision in an existing lease that 1562 01:12:58.640 --> 01:13:01.720 says non refundable pet depot, that is no longer enforceable. 1563 01:13:01.880 --> 01:13:04.680 But if there's things that are not enforceable, is different 1564 01:13:04.720 --> 01:13:08.439 than making it invalid. So it's not necessarily the other 1565 01:13:08.560 --> 01:13:11.960 provisions in there would become invalid because some are right. 1566 01:13:12.039 --> 01:13:15.000 I mean, it's still it's still in the framework of 1567 01:13:15.039 --> 01:13:18.800 a lease and the things that you can do it 1568 01:13:18.920 --> 01:13:19.600 still covers. 1569 01:13:19.840 --> 01:13:20.039 Well. 1570 01:13:20.079 --> 01:13:22.800 I think invalid probably means the same thing or equivalent 1571 01:13:22.840 --> 01:13:28.760 to enforceable uninforceable. But there is one thing on a 1572 01:13:28.800 --> 01:13:31.720 prevailing party attorney feed provisions where it used to be 1573 01:13:31.960 --> 01:13:34.760 a one sided provision where it says if the landlord collects, 1574 01:13:34.760 --> 01:13:36.239 they can get their attorney fees when they win. 1575 01:13:36.479 --> 01:13:37.800 Oh, but the tenant couldn't. 1576 01:13:38.319 --> 01:13:41.279 Yeah, but now the change of law says that that 1577 01:13:41.439 --> 01:13:44.000 is no longer enforceable and it's void unless it's the 1578 01:13:44.000 --> 01:13:47.119 two way attorney feed provision that either side prevails, they 1579 01:13:47.159 --> 01:13:48.800 get their feast paid by the loser. 1580 01:13:48.920 --> 01:13:51.000 You know, I actually think that's fair. 1581 01:13:51.760 --> 01:13:56.039 I mean, you know, regardless, Yeah, it's kind of interesting 1582 01:13:56.119 --> 01:13:58.920 that it was the other way before. But still, as 1583 01:13:58.920 --> 01:14:01.119 a tenant, you didn't have to sign it. I mean, really, 1584 01:14:01.159 --> 01:14:03.760 you could have negotiated that at the time. I mean, 1585 01:14:03.760 --> 01:14:07.279 that would be the smart thing to do. Although most 1586 01:14:07.359 --> 01:14:10.399 people aren't going to negotiate with an apartment complex. 1587 01:14:10.000 --> 01:14:10.560 Right people. 1588 01:14:10.680 --> 01:14:13.479 It's hard to find housing and good housing that's at 1589 01:14:13.520 --> 01:14:15.520 a good rate, so people will But. 1590 01:14:15.600 --> 01:14:17.880 No matter what, if I'm a tenant, I mean, let's 1591 01:14:17.880 --> 01:14:19.920 just saw commercial property, then you look at a lot 1592 01:14:19.960 --> 01:14:20.680 of those leases. 1593 01:14:20.960 --> 01:14:22.640 If I am going to be someone's tenant. 1594 01:14:23.319 --> 01:14:25.680 Anytime I have done a commercial lease, and I have 1595 01:14:25.720 --> 01:14:28.960 done probably twenty of them, I have the attorney look 1596 01:14:28.960 --> 01:14:31.479 at over. Okay, this is going back in my day. 1597 01:14:31.520 --> 01:14:34.680 His name was Michael Kopez, great guy. So Kupez would 1598 01:14:34.680 --> 01:14:37.279 go over the lease and then we would enter into 1599 01:14:37.359 --> 01:14:41.479 negotiations whatever they were. It might say, for example, that 1600 01:14:41.760 --> 01:14:44.800 they can increase it in the second year X amount, 1601 01:14:45.000 --> 01:14:47.720 or it might say it could say anything. It doesn't matter, 1602 01:14:47.880 --> 01:14:50.039 we would negotiate it. But you're right when it comes 1603 01:14:50.039 --> 01:14:54.760 to consumer or residential, Yeah, apartment complexes aren't going to 1604 01:14:54.840 --> 01:14:56.119 do really anything, are they. 1605 01:14:56.319 --> 01:14:58.279 I mean, it's just not heard of. I mean they might, 1606 01:14:58.399 --> 01:14:59.199 but I doubt it. 1607 01:15:00.119 --> 01:15:00.880 Yeah. 1608 01:15:00.399 --> 01:15:03.079 I think on the commercial side, both sides should have 1609 01:15:03.119 --> 01:15:06.920 an attorney. Oh, at leases, because they're the dollars that 1610 01:15:06.960 --> 01:15:10.600 are at risk are much higher and there's more things 1611 01:15:10.600 --> 01:15:13.920 that could be a cost that you wouldn't think of 1612 01:15:13.960 --> 01:15:14.800 on the commercial side. 1613 01:15:14.880 --> 01:15:15.079 Yeah. 1614 01:15:15.119 --> 01:15:17.319 And the other thing that we got to the point where, 1615 01:15:17.560 --> 01:15:19.960 you know, we were our cash flow was good enough 1616 01:15:20.000 --> 01:15:23.079 to where we didn't have to have personal guarantees on stuff. 1617 01:15:23.119 --> 01:15:25.880 That's another big one. If you're a tenant, I mean, 1618 01:15:25.920 --> 01:15:27.479 it depends on what side of the table you're on, 1619 01:15:27.760 --> 01:15:31.640 But if you're a landlord, you're gonna want a personal 1620 01:15:31.640 --> 01:15:34.399 guarantee in most circumstances. I mean, if you're if you're 1621 01:15:34.840 --> 01:15:39.000 you know, leasing your building the Walmart or Microsoft, you're 1622 01:15:39.039 --> 01:15:41.640 probably not going to care whatsoever, nor would you ever 1623 01:15:41.640 --> 01:15:44.399 get a personal But if you're running to Joe Blow, 1624 01:15:44.520 --> 01:15:48.479 that's you know, opening up an automotive shop, you're probably 1625 01:15:48.520 --> 01:15:49.680 gonna want a personal right. 1626 01:15:50.319 --> 01:15:50.560 Yeah. 1627 01:15:50.680 --> 01:15:53.119 If you're if you're leasing to a if you're a 1628 01:15:53.119 --> 01:15:55.640 commercial lease a landlord, and you're leasing to a credit 1629 01:15:55.720 --> 01:15:59.319 rated tenant like a company that's on the stock market, yeah, sure, 1630 01:15:59.640 --> 01:16:02.840 you're looking to the credit rating of that tenant. So 1631 01:16:02.880 --> 01:16:04.760 that's that's why you wouldn't get a personal guarantee there. 1632 01:16:04.840 --> 01:16:06.840 What are some of the tricks that you've seen. Let's 1633 01:16:06.840 --> 01:16:10.800 go on the landlord side. Were a landlord and let's 1634 01:16:10.840 --> 01:16:13.680 just talk commercial. You do a ton of commercial I do, 1635 01:16:13.960 --> 01:16:17.199 so let's talk some of the tricks. Like back in 1636 01:16:17.239 --> 01:16:19.920 the day when I had computer stores, I would find 1637 01:16:19.920 --> 01:16:22.359 a location, generally in a strip mall. I liked it 1638 01:16:22.399 --> 01:16:24.399 next to a King Soupers, and I'd figure out who 1639 01:16:24.439 --> 01:16:27.960 the landlord was, and then I'd engage in a conversation. 1640 01:16:28.960 --> 01:16:33.079 So what kind of things can the landlord do to 1641 01:16:33.199 --> 01:16:36.039 protect themselves? So right now you're on the landlord side, 1642 01:16:36.279 --> 01:16:39.319 So something that might most people aren't going to think 1643 01:16:39.359 --> 01:16:42.520 about in a commercial lease for a box like that, 1644 01:16:42.720 --> 01:16:45.079 for like a radio shack size strip mall thing. 1645 01:16:45.479 --> 01:16:48.920 Well, then I was negotiating what expenses for maintenance repairs 1646 01:16:48.920 --> 01:16:51.439 are included in the rent. You know, if there's a 1647 01:16:51.439 --> 01:16:54.039 base rent, does that include real estate taxes? Who's going 1648 01:16:54.079 --> 01:16:57.479 to pay that bill? Is there a cap on year 1649 01:16:57.520 --> 01:16:58.479 of a year increases? 1650 01:16:58.640 --> 01:16:59.800 So on the tennis side. 1651 01:17:00.079 --> 01:17:01.920 So on the tenant side though, or I'm sorry, on 1652 01:17:01.960 --> 01:17:04.439 the landlord side, you would probably want to write it 1653 01:17:04.560 --> 01:17:07.159 up like, you know, your rents five thousand a month 1654 01:17:07.239 --> 01:17:10.680 or whatever it is, and then you break down, but 1655 01:17:10.800 --> 01:17:12.760 they're going to pay for this, this, this, this, and 1656 01:17:12.800 --> 01:17:16.039 this cam charges. They're going to pay whatever triple whatever 1657 01:17:16.079 --> 01:17:19.199 it is. And a lot of people that are probably 1658 01:17:19.199 --> 01:17:22.439 new to the business world might really not even understand 1659 01:17:22.479 --> 01:17:25.560 that their rent could easily be six or seven thousand, 1660 01:17:25.600 --> 01:17:26.319 not five thousand. 1661 01:17:26.439 --> 01:17:29.159 Yeah, there's usually a base rent component and an additional 1662 01:17:29.159 --> 01:17:33.279 rent component that is the operating expenses the program to 1663 01:17:33.319 --> 01:17:37.159 share of that unit as compared to the percentage of 1664 01:17:37.199 --> 01:17:37.880 the whole building. 1665 01:17:38.039 --> 01:17:40.960 Yeah, and so the cam, the. 1666 01:17:40.960 --> 01:17:43.600 Cam could be equal to the amount of the base rent. 1667 01:17:44.680 --> 01:17:47.439 And then on the tenant side, if someone comes into 1668 01:17:47.439 --> 01:17:49.359 you and says, hey, I'm going to lease this thing, 1669 01:17:50.359 --> 01:17:52.680 what are you looking for in that least to protect 1670 01:17:52.720 --> 01:17:53.600 your client. 1671 01:17:55.399 --> 01:17:58.119 Tenants like to see that they have options to extend. 1672 01:17:58.680 --> 01:18:00.720 If they start with five years, they want to have 1673 01:18:00.720 --> 01:18:03.079 the right to have an additional five years at their option, 1674 01:18:03.640 --> 01:18:05.800 and then they want to lock down. What's the rate 1675 01:18:05.840 --> 01:18:07.279 going to be for those five years. Is it going 1676 01:18:07.279 --> 01:18:09.720 to be based on market the market rate at the time, 1677 01:18:09.760 --> 01:18:11.680 which is really wide open, or is it going to 1678 01:18:11.720 --> 01:18:13.439 be based off of an increase from the last year 1679 01:18:13.439 --> 01:18:14.000 of the first term. 1680 01:18:14.159 --> 01:18:16.039 Yeah, And if you think about that, if you run 1681 01:18:16.039 --> 01:18:20.600 a business and it's successful, and man, they'd really have 1682 01:18:20.720 --> 01:18:23.399 you by the Cohunes at the end of that five years. 1683 01:18:23.479 --> 01:18:25.960 Let's say it's a restaurant. Can you imagine that? 1684 01:18:26.039 --> 01:18:28.720 I mean, a restaurant is something you travel to and 1685 01:18:28.760 --> 01:18:31.720 you go eat there, and it's usually in your vicinity. 1686 01:18:32.239 --> 01:18:36.239 And what happens is that five years comes up, you 1687 01:18:36.239 --> 01:18:38.680 don't have any options. Even if the price goes up. 1688 01:18:38.760 --> 01:18:41.399 You negotiated that. But if there is no options, they 1689 01:18:41.439 --> 01:18:45.000 got you right, right, I mean really, and moving a 1690 01:18:45.119 --> 01:18:47.159 restaurant is generally a failure. 1691 01:18:48.520 --> 01:18:50.960 Do you rent anything, Dmitri No. 1692 01:18:51.079 --> 01:18:54.439 I used to have a large production facility for my 1693 01:18:54.520 --> 01:18:55.159 company that. 1694 01:18:55.239 --> 01:18:57.319 You rented, or at least it proper least. 1695 01:18:57.119 --> 01:18:59.399 Expired and I shut it down so I never had 1696 01:18:59.399 --> 01:19:01.439 to move. But god, that would be a nightmare to 1697 01:19:01.439 --> 01:19:03.920 move any kind of business, especially restaurant total. 1698 01:19:03.960 --> 01:19:05.800 Do you ever deal with eminent domain? 1699 01:19:07.920 --> 01:19:08.159 Umm? 1700 01:19:09.319 --> 01:19:11.279 Not really no, but I know about it. 1701 01:19:11.399 --> 01:19:13.720 Yeah, of course you do, but it's crazy. Anyhow, I 1702 01:19:13.720 --> 01:19:15.680 gotta take this break. Three oh three seven one three 1703 01:19:15.680 --> 01:19:17.399 eight two five five. We want to hear from you 1704 01:19:17.640 --> 01:19:21.399 three two three Martino. 1705 01:19:25.479 --> 01:19:28.760 Go with a sure thing Denver's best roofer Excel Roofing 1706 01:19:28.840 --> 01:19:33.039 dot com. You don't pay a cent until you're contenth 1707 01:19:34.880 --> 01:19:38.079 time for an insurance check up free, no obligation comparison 1708 01:19:38.199 --> 01:19:41.760 call Compass Insurance paying too much your coverage at dozens 1709 01:19:41.760 --> 01:19:44.520 of insurance companies find out now three oh three seven 1710 01:19:44.600 --> 01:19:47.399 seven to one help. You'll think you're his only customer 1711 01:19:47.439 --> 01:19:49.680 when you choose Frank durand the real estate Man dot 1712 01:19:49.720 --> 01:19:53.079 com to list your home with Remax Alliance three oh 1713 01:19:53.079 --> 01:19:55.039 three nine two zero sixteen twenty two. 1714 01:19:56.520 --> 01:19:59.000 All right, three O three seven one three A two 1715 01:19:59.039 --> 01:20:01.560 five five three oh three Martine. You know during the 1716 01:20:01.600 --> 01:20:04.119 breaks we talk on YouTube a lot. I love giving 1717 01:20:04.199 --> 01:20:07.319 information out and I'll go to that phone in a second. 1718 01:20:07.359 --> 01:20:10.000 But you know, I think. 1719 01:20:09.800 --> 01:20:13.119 The main part of this show is the educational value. 1720 01:20:13.159 --> 01:20:16.199 No matter what, Helping people recouping money is what I 1721 01:20:16.279 --> 01:20:18.199 love to my heart. But I was thinking back on 1722 01:20:18.279 --> 01:20:21.600 a situation I had, and we have a real estate 1723 01:20:21.600 --> 01:20:24.520 attorney in with us, Brad O'Brien and Brad. So this 1724 01:20:24.760 --> 01:20:29.600 was like nineteen or two thousand and one. Suzanne and 1725 01:20:29.640 --> 01:20:33.640 I sold our house in Clark Farms and Parker and 1726 01:20:33.680 --> 01:20:38.840 we bought a new house in Castle Rock from Lenar. 1727 01:20:39.680 --> 01:20:42.880 So if you I'm sure you've seen one hundred of them, 1728 01:20:43.359 --> 01:20:46.600 the contracts with a new builder compared to buying like 1729 01:20:46.640 --> 01:20:51.520 a house from each other a standard real estate agreement. Man, 1730 01:20:51.560 --> 01:20:54.560 there couldn't be anything further away. I mean it's crazy. 1731 01:20:54.720 --> 01:20:58.039 I mean some of the things you agree to are 1732 01:20:58.079 --> 01:21:01.399 absolutely nuts. And every one of them's different. I mean, really, 1733 01:21:01.439 --> 01:21:04.720 every single one's different. I would highly suggest, and i'd 1734 01:21:04.760 --> 01:21:09.000 like your opinion, that you definitely get an attorney if 1735 01:21:09.000 --> 01:21:10.800 you're buying a new home from I don't care if 1736 01:21:10.840 --> 01:21:15.319 it's KB or Leonar or whoever it is, especially a 1737 01:21:15.359 --> 01:21:18.399 custom builder. That could be completely different as well. What 1738 01:21:18.439 --> 01:21:19.359 are your thoughts on that? 1739 01:21:19.520 --> 01:21:22.520 I agree, I think a home builder contract is so 1740 01:21:23.159 --> 01:21:26.359 complex and long and nuanced, and so many pitfalls in 1741 01:21:26.399 --> 01:21:27.960 there that you really do have to have an attorney 1742 01:21:27.960 --> 01:21:29.079 review that each and every time. 1743 01:21:29.199 --> 01:21:30.640 The pitfalls are unbelievable. 1744 01:21:30.680 --> 01:21:35.079 We've seen somewhere the house takes an extraordinary amount of 1745 01:21:35.119 --> 01:21:37.880 time to get built and they're finally like two years 1746 01:21:37.920 --> 01:21:40.520 down the road and they're like, this is crazy, but 1747 01:21:40.560 --> 01:21:41.399 they couldn't get out. 1748 01:21:41.680 --> 01:21:44.760 Typically, these contracts are quick to tie your earnest money up. 1749 01:21:44.760 --> 01:21:48.359 They make it non refundable except for extremely limited circumstances. 1750 01:21:49.159 --> 01:21:51.159 But they also and a lot of. 1751 01:21:51.119 --> 01:21:54.079 Them will actually let the builder out with no oh yeah, 1752 01:21:54.119 --> 01:21:56.239 with no issue. So in other words, you think the 1753 01:21:56.319 --> 01:21:59.479 earnest money you're protected, they could get more. 1754 01:21:59.800 --> 01:22:01.960 I've seen them. And tell me if you've seen. 1755 01:22:01.760 --> 01:22:04.920 These where if they get offered more money for the house, 1756 01:22:05.119 --> 01:22:06.319 they can sell your house. 1757 01:22:07.079 --> 01:22:07.239 Yeah. 1758 01:22:07.319 --> 01:22:10.039 We saw that when the right after COVID, when the 1759 01:22:10.119 --> 01:22:12.439 lumber prices went up and then the building prices in 1760 01:22:12.479 --> 01:22:15.680 turn went up. In reaction to that, homebuilders were putting 1761 01:22:15.680 --> 01:22:18.319 clauses in their contracts where they could actually increase the 1762 01:22:18.359 --> 01:22:21.359 price on you mid mid construction. 1763 01:22:21.560 --> 01:22:24.680 There was one in Colorado Springs. This was during COVID. 1764 01:22:24.680 --> 01:22:26.680 It was probably. I'm going to say twenty twenty one, 1765 01:22:26.760 --> 01:22:29.880 twenty twenty two. This was the craziest thing. We had 1766 01:22:29.920 --> 01:22:32.319 eight people in the same condo that was being built 1767 01:22:32.359 --> 01:22:35.840 in Colorado Springs, so it's a high rise condo. They 1768 01:22:35.880 --> 01:22:38.079 sold the units. I'm making numbers up now because I 1769 01:22:38.119 --> 01:22:39.880 don't remember, but I think they were around two hundred 1770 01:22:39.880 --> 01:22:43.119 and fifty thousand. They had that exact clause you're talking 1771 01:22:43.119 --> 01:22:46.439 about in there. When they got almost ready to go 1772 01:22:46.560 --> 01:22:49.039 and they were done, they said, well, I know it 1773 01:22:49.079 --> 01:22:51.399 was two fifty, but this clause right here, it costs 1774 01:22:51.439 --> 01:22:53.920 more money to build. We want three hundred and twenty 1775 01:22:53.920 --> 01:22:57.399 five thousand, now seventy five thousand more dollars. And none 1776 01:22:57.479 --> 01:22:59.920 of these people understood how they could possibly do that, 1777 01:23:00.399 --> 01:23:02.920 but they did do it. We had attorneys involved, we 1778 01:23:02.920 --> 01:23:05.960 have everything. There's nothing anybody could do, and some people 1779 01:23:06.000 --> 01:23:09.039 simply couldn't afford the higher mortgage, which is insane. 1780 01:23:09.359 --> 01:23:11.720 So they ended up getting their earnest money back. 1781 01:23:11.760 --> 01:23:14.239 They definitely got that back, but they ended up not 1782 01:23:14.319 --> 01:23:16.399 getting a new unit because they could sell them for 1783 01:23:16.439 --> 01:23:19.319 that higher price. I mean, that's crazy. That's one of 1784 01:23:19.359 --> 01:23:21.960 the that's such a good thing you brought up because 1785 01:23:22.119 --> 01:23:24.600 how many people think of that. How about first time 1786 01:23:24.640 --> 01:23:25.920 home buyers? What do they know? 1787 01:23:26.760 --> 01:23:30.000 I gotta give Cobal props. When I bought my house 1788 01:23:30.079 --> 01:23:30.960 during the COVID thing. 1789 01:23:31.159 --> 01:23:32.399 Yes, they told me. 1790 01:23:32.720 --> 01:23:33.399 You know, they had. 1791 01:23:33.239 --> 01:23:37.439 Delays because the supply chain issues. Sure, and they're horrible. 1792 01:23:37.680 --> 01:23:40.760 They said, you know, you can get your earnest money back, 1793 01:23:41.399 --> 01:23:45.159 or we'll we'll build a house at the same price, 1794 01:23:45.680 --> 01:23:47.840 but we'll just have to wait until the supply chain 1795 01:23:47.880 --> 01:23:49.119 issue is resolved. 1796 01:23:49.159 --> 01:23:50.359 And they got it done for you though. 1797 01:23:50.800 --> 01:23:53.760 It took no problems, well other than other than the 1798 01:23:53.760 --> 01:23:56.159 delay in the building. Yeah, yeah, yeah, But other than that, 1799 01:23:56.199 --> 01:23:58.680 I thought they were pretty reasonable with what they. 1800 01:23:58.560 --> 01:24:01.520 Offered, So they did what their do Brad give advice to, 1801 01:24:01.760 --> 01:24:04.439 like someone that's gonna just what we're talking about, someone 1802 01:24:04.479 --> 01:24:06.239 that's shopping for a new house. 1803 01:24:06.520 --> 01:24:08.479 Well, advice to a first time home buyer would be 1804 01:24:08.520 --> 01:24:12.720 the same for any home buyer. Get an inspection, your 1805 01:24:12.800 --> 01:24:17.319 opportunities to find stuff and have it remedied, and addressment 1806 01:24:17.479 --> 01:24:19.520 is the highest before closing. 1807 01:24:19.680 --> 01:24:21.640 Then after, you know, one of the biggest calls we 1808 01:24:21.680 --> 01:24:25.039 get on new purchases and people don't realize it is 1809 01:24:25.119 --> 01:24:28.439 cement the driveway. They don't you know it's not perfect? 1810 01:24:28.880 --> 01:24:30.920 And they'll say, hey, it's not perfect. They'll send us 1811 01:24:30.920 --> 01:24:33.840 a picture and it's Spaulding, and I can I can 1812 01:24:33.880 --> 01:24:36.439 count on one hand the times it's actually been handled 1813 01:24:36.920 --> 01:24:43.279 one hand. It's absolutely nuts. How about buying a regular house, 1814 01:24:43.359 --> 01:24:45.720 meaning not a new house. I mean, should someone hire 1815 01:24:45.760 --> 01:24:47.439 an attorney first time home. 1816 01:24:47.319 --> 01:24:48.279 Buy I recommend it. 1817 01:24:48.600 --> 01:24:51.760 In Colorado, the trend is home on the residential side 1818 01:24:51.840 --> 01:24:53.000 is people don't get an attorney. 1819 01:24:53.000 --> 01:24:53.479 Why is that? 1820 01:24:53.560 --> 01:24:55.279 Because I know when I was in New York, and 1821 01:24:55.319 --> 01:24:57.960 I believe even New Jersey, I'm pretty sure I had 1822 01:24:57.960 --> 01:24:58.800 to use an attorney. 1823 01:24:58.840 --> 01:25:00.640 It's just not the way it's done in Colorado. 1824 01:25:00.720 --> 01:25:04.800 In some states like New York, Illinois, Florida, it's very 1825 01:25:04.800 --> 01:25:06.880 common to have attorneys on both sides of all deals. 1826 01:25:07.039 --> 01:25:09.760 Yeahid even small residential But here people just sort of 1827 01:25:09.760 --> 01:25:11.319 cross their fingers hope nothing goes wrong. 1828 01:25:11.399 --> 01:25:13.840 Well, I guess realtors though here, like Frank Duran, he's 1829 01:25:13.880 --> 01:25:16.960 a great realtor. He he, I guess he in a 1830 01:25:17.000 --> 01:25:19.399 way almost practices law when it comes to. 1831 01:25:19.720 --> 01:25:20.319 Hey better not. 1832 01:25:20.600 --> 01:25:22.960 Well, that's the thing is that real estate agents donnot 1833 01:25:23.079 --> 01:25:23.920 give legal advice. 1834 01:25:23.960 --> 01:25:24.840 Oh, I know that. 1835 01:25:24.880 --> 01:25:28.760 Trust me and he Frank co. Frank definitely does not. 1836 01:25:29.319 --> 01:25:33.239 But yeah, that's that's interesting you say that. But how 1837 01:25:33.319 --> 01:25:37.079 are they Well, I guess just because Colorado doesn't. In Colorado, 1838 01:25:37.239 --> 01:25:39.199 it's not even a part of enforcement. You don't have 1839 01:25:39.239 --> 01:25:41.640 to use an attorney. In some states you literally have 1840 01:25:41.680 --> 01:25:42.079 to use an. 1841 01:25:42.000 --> 01:25:45.920 Attest Like South Carolina, you must close with an attorney. Yeah, 1842 01:25:45.960 --> 01:25:47.960 in an attorney off New York as well, I know 1843 01:25:48.079 --> 01:25:50.680 New York for sure. Yeah, some states are association. 1844 01:25:50.920 --> 01:25:53.760 Frank is looking over a contract, you know, between a 1845 01:25:53.840 --> 01:25:56.760 boom seller and says, look, this doesn't look right. I 1846 01:25:56.760 --> 01:25:59.720 think you need legal advice. That's okay, I mean that's 1847 01:25:59.720 --> 01:26:00.920 what Frank would probably do. 1848 01:26:01.000 --> 01:26:02.800 Oh yeah, And I know the Frank does that. That's 1849 01:26:02.960 --> 01:26:05.640 because I get calls from Frank from his clients. He's 1850 01:26:05.760 --> 01:26:08.479 very quick to recommend in an attorney, an attorney for 1851 01:26:08.520 --> 01:26:09.560 any kind of legal question. 1852 01:26:09.800 --> 01:26:11.359 For you have to great advice. 1853 01:26:11.520 --> 01:26:15.399 I mean, like especially on disclosures. I mean, disclosures are huge. 1854 01:26:15.439 --> 01:26:17.479 If you're selling your house and you have a realtor, 1855 01:26:17.520 --> 01:26:19.840 and that's great, they're trying to get the most money 1856 01:26:19.880 --> 01:26:22.479 for you. But if there's questions on hey, you know, 1857 01:26:22.720 --> 01:26:25.399 should I disclose this. I mean that's a big one 1858 01:26:25.399 --> 01:26:26.399 to have an attorney look at it. 1859 01:26:26.479 --> 01:26:28.560 I just had you disclose your case with the leap 1860 01:26:28.680 --> 01:26:29.640 with the leech field. 1861 01:26:30.399 --> 01:26:32.960 Yeah, that's right. And who knows where that's going. I mean, 1862 01:26:33.039 --> 01:26:36.520 honest to God, who knows where that's going. What What 1863 01:26:37.000 --> 01:26:39.479 is the biggest thing you've seen or you have dealt with, 1864 01:26:39.520 --> 01:26:42.960 Brad on a new build? Have you had a couple 1865 01:26:43.000 --> 01:26:45.159 come to you or a person come to you and 1866 01:26:45.359 --> 01:26:47.439 want to get out of I'm using this totally as 1867 01:26:47.479 --> 01:26:50.560 an example, but a kV home or a lenar home 1868 01:26:50.720 --> 01:26:53.880 or they have a warranty issue after the fact where 1869 01:26:53.880 --> 01:26:56.039 they should have hired someone like you to look at it. 1870 01:26:56.359 --> 01:26:58.760 What have you seen after the fact that you just 1871 01:26:59.079 --> 01:27:00.199 there's not much you can do. 1872 01:27:00.720 --> 01:27:04.239 Yeah, warranty issues, the timing of closing, like the builder 1873 01:27:04.279 --> 01:27:06.279 taking too long to finish it and complete it and. 1874 01:27:06.199 --> 01:27:07.720 Close on it charging more. 1875 01:27:07.880 --> 01:27:10.680 These home builder contracts are very loose in terms of 1876 01:27:10.720 --> 01:27:13.439 setting a deadline for the home builder to be done 1877 01:27:13.479 --> 01:27:17.199 and go to closing, and when it comes to. 1878 01:27:19.640 --> 01:27:21.279 Uh like. 1879 01:27:22.800 --> 01:27:27.520 Upgrades and like having a budget for whatever for things 1880 01:27:27.520 --> 01:27:28.880 like cabinets or appliances. 1881 01:27:29.720 --> 01:27:31.079 One problem is having. 1882 01:27:30.880 --> 01:27:34.239 Just a just a big number for here's your budget 1883 01:27:34.239 --> 01:27:36.520 for plumbing, your plumbing fixtures, and you don't know what's 1884 01:27:36.520 --> 01:27:37.319 in that, you don't know what. 1885 01:27:37.319 --> 01:27:38.119 Quality is on there. 1886 01:27:38.199 --> 01:27:41.000 It is, So it's it's recommended, especially on the custom 1887 01:27:41.039 --> 01:27:43.319 home building side, to get a very detailed speck list 1888 01:27:43.319 --> 01:27:47.479 of of the make model of the fixtures and equipment 1889 01:27:47.560 --> 01:27:50.279 appliances rather than just like a lump sum. 1890 01:27:50.319 --> 01:27:52.840 So when we bought our first house, Susanna and I, 1891 01:27:52.920 --> 01:27:57.000 it was in Clark Farms and Parker. We went with 1892 01:27:57.319 --> 01:28:01.000 US Homes and they built a and it went fair, 1893 01:28:01.359 --> 01:28:04.640 It went pretty fast, and honestly, ultimately I liked the product. 1894 01:28:04.640 --> 01:28:07.159 I ended up buying another one, but they changed to 1895 01:28:07.439 --> 01:28:11.720 I think Lenar Bottom, but we sold that house and 1896 01:28:11.760 --> 01:28:14.119 then we did buy the Lenar House in Castle Rocks. 1897 01:28:14.119 --> 01:28:17.399 So in two thousand and one we bought this house. 1898 01:28:17.479 --> 01:28:22.079 Now they offered free upgrades, like in other words, if 1899 01:28:22.119 --> 01:28:25.560 you wanted free hardwood floors in the kitchen and better 1900 01:28:25.680 --> 01:28:30.159 cabinets or better fixtures in the bathroom, whatever the upgrades are, 1901 01:28:30.199 --> 01:28:32.399 you know what I mean, upgrades better carpet for that matter, 1902 01:28:33.520 --> 01:28:37.520 but you had to use their mortgage company. Okay, So 1903 01:28:37.600 --> 01:28:39.520 we were like, oh yeah, well, we're definitely going to 1904 01:28:39.600 --> 01:28:41.479 do that. We're going to use their mortgage company. And 1905 01:28:41.479 --> 01:28:44.000 I bet these contracts are still out there till this day. 1906 01:28:44.560 --> 01:28:48.399 So then as we got closer to closing and I 1907 01:28:48.479 --> 01:28:50.840 was looking at the interest rate and looking at all this, 1908 01:28:50.960 --> 01:28:54.159 I started shopping around and realized they were like one 1909 01:28:54.199 --> 01:28:58.920 and a half points higher on the interest rate, and 1910 01:28:59.000 --> 01:29:02.159 I'm like, wait minute, wait a minute. And I started calculating, 1911 01:29:02.199 --> 01:29:04.439 you know, I'd never live in a house thirty years, 1912 01:29:04.439 --> 01:29:07.359 but people do. I mean, it's you're talking, You're talking 1913 01:29:07.399 --> 01:29:09.880 big dollars. So I said, well, can't you at least 1914 01:29:09.920 --> 01:29:13.279 get closer? And they wouldn't do anything nothing, absolutely wouldn't 1915 01:29:13.279 --> 01:29:17.439 do a damn thing. So I get upset. This is 1916 01:29:17.520 --> 01:29:21.079 two thousand and two. I started filling in for Martino. 1917 01:29:21.760 --> 01:29:23.720 Back then, I didn't do the show every day like 1918 01:29:23.760 --> 01:29:26.359 I do now with them. I was filling in because 1919 01:29:26.359 --> 01:29:29.159 I had computer businesses and other stuff going on. So 1920 01:29:29.199 --> 01:29:32.199 I called up Tom. I called him at home and said, hey, man, 1921 01:29:32.199 --> 01:29:34.319 what do you think of this? Suzanne and I are 1922 01:29:34.720 --> 01:29:38.119 getting ready to buy this. And I made the mistake. 1923 01:29:38.199 --> 01:29:40.359 I didn't look through it. I have to use their company, 1924 01:29:40.399 --> 01:29:44.199 but my god, they're almost two points higher. It's insane, 1925 01:29:45.119 --> 01:29:47.079 and so I got him involved, and I'm going to 1926 01:29:47.119 --> 01:29:49.199 tell you guys the outcome, but and i'll tell it 1927 01:29:49.279 --> 01:29:51.359 after the break, and i'll tell you what Tom did. 1928 01:29:51.359 --> 01:29:51.880 It's crazy. 1929 01:29:51.920 --> 01:29:54.479 But where I really wanted to go for this is 1930 01:29:54.640 --> 01:29:58.520 back to the new home purchase in the contract. I 1931 01:29:58.600 --> 01:30:01.439 wanted out at that point to use them. I couldn't 1932 01:30:01.439 --> 01:30:03.520 get out of that new home or they'd keep the 1933 01:30:03.560 --> 01:30:05.520 earnest money and possibly come after. 1934 01:30:05.359 --> 01:30:07.720 Me for any kind of deficit if there was one. 1935 01:30:08.319 --> 01:30:11.720 And worse than that, if I did want to move 1936 01:30:11.760 --> 01:30:14.680 in and go with another mortgage company that was lower, 1937 01:30:14.920 --> 01:30:16.720 I had to pay for all the upgrades that were 1938 01:30:16.720 --> 01:30:19.119 already done, and that was like twenty five thousand dollars 1939 01:30:19.319 --> 01:30:19.920 in their eyes. 1940 01:30:20.039 --> 01:30:21.800 So I was in a no win situation. 1941 01:30:22.199 --> 01:30:24.439 I was going to have a higher than normal interest 1942 01:30:24.520 --> 01:30:27.039 rate or I had to come another twenty grand out 1943 01:30:27.079 --> 01:30:27.479 of pocket. 1944 01:30:27.479 --> 01:30:30.920 It was crazy. But after Tom got involved, I'll tell 1945 01:30:30.920 --> 01:30:31.560 you what happened. 1946 01:30:36.960 --> 01:30:40.199 Go with a sure thing Denver's Best roofer Excel roofing 1947 01:30:40.319 --> 01:30:42.960 dot com. You don't pay a cent until you're content, 1948 01:30:46.319 --> 01:30:49.520 time for an insurance check up free, no obligation. In comparison, 1949 01:30:49.680 --> 01:30:53.199 call Compass Insurance paying too much your coverage at dozens 1950 01:30:53.239 --> 01:30:55.960 of insurance companies. Find out now three O three seven 1951 01:30:56.000 --> 01:30:58.319 to seven to one help. You'll think you're his only 1952 01:30:58.399 --> 01:31:00.680 customer when you choose Frank to round the real estate 1953 01:31:00.720 --> 01:31:03.960 man dot com to list your home with Remax Alliance 1954 01:31:04.159 --> 01:31:06.600 three oh three nine two zero sixteen twenty. 1955 01:31:06.319 --> 01:31:12.880 Two all right three zero three seven. 1956 01:31:12.680 --> 01:31:16.880 One three eight two five five three oh three seven 1957 01:31:16.960 --> 01:31:20.279 one three eight two five five. So I'm gonna finish 1958 01:31:20.279 --> 01:31:23.439 that story real quick. But basically, we Susanna and I 1959 01:31:23.520 --> 01:31:27.760 bought a new house by Lenar and we got free upgrades. 1960 01:31:27.800 --> 01:31:30.479 This is going back to two thousand and one, and 1961 01:31:30.520 --> 01:31:32.800 we got free upgrades on it. But we agreed to 1962 01:31:32.880 --> 01:31:36.520 use their mortgage lender, and of course they make money 1963 01:31:36.520 --> 01:31:39.720 on the points. And what ultimately happened is when we 1964 01:31:39.720 --> 01:31:42.479 were ready to go to closing, I shopped around and 1965 01:31:42.520 --> 01:31:44.159 they were a point and a half to two points. 1966 01:31:44.199 --> 01:31:49.800 I don't remember the exact amount higher, which absolutely was crazy. 1967 01:31:49.920 --> 01:31:52.039 I mean, that's a lot of money that sturms between 1968 01:31:52.039 --> 01:31:56.800 five percent and seven percent. So I was literally at 1969 01:31:56.880 --> 01:32:00.880 their building at the time. Lenar was at Lincoln and five. 1970 01:32:00.960 --> 01:32:02.960 The building's still there, but I don't think they're there. 1971 01:32:03.159 --> 01:32:04.600 And they were on the top floor and it was 1972 01:32:04.640 --> 01:32:07.279 a big conference room with one of those big tables, 1973 01:32:07.680 --> 01:32:09.640 and I was down there trying to talk to someone 1974 01:32:09.680 --> 01:32:12.000 to get this done, and they weren't going to do anything. 1975 01:32:12.079 --> 01:32:13.720 They gave me the option to either pay for the 1976 01:32:13.800 --> 01:32:17.319 upgrades twenty twenty five thousand dollars if I backed out, 1977 01:32:17.359 --> 01:32:19.640 they were going to keep our earnest money. Plus she 1978 01:32:19.800 --> 01:32:22.279 was pregnant, We're ready to have a baby. I mean, 1979 01:32:22.319 --> 01:32:24.439 we got to get into this house. I just couldn't believe. 1980 01:32:24.520 --> 01:32:26.560 To me, it was just unfair. That's what it came 1981 01:32:26.600 --> 01:32:30.159 down to. I called up Tom, I literally did. I 1982 01:32:30.239 --> 01:32:32.359 was filling in for him back then. In fact, we 1983 01:32:32.359 --> 01:32:35.920 were national. We were in New York to California. It 1984 01:32:35.960 --> 01:32:39.079 was pretty crazy with west was it Westwood? I think 1985 01:32:39.119 --> 01:32:41.720 it was called Westwood. It was nuts what we. 1986 01:32:41.720 --> 01:32:43.600 Still broadcasted right out of this building. 1987 01:32:44.520 --> 01:32:46.960 But I called them up and I put them on 1988 01:32:47.000 --> 01:32:49.039 speakerphone in front of these two guys. We're in this 1989 01:32:49.079 --> 01:32:51.600 big conference room. It's got a table the size of 1990 01:32:51.800 --> 01:32:54.760 like is something ridiculous. I mean like thirty feet long, 1991 01:32:55.000 --> 01:32:56.880 and it's just three of us in this one room 1992 01:32:56.880 --> 01:33:02.000 and I put on the table and bottom line, they 1993 01:33:02.000 --> 01:33:04.680 brought it down about a point in a quarter. Yep, 1994 01:33:04.800 --> 01:33:07.560 brought it down for me and they agreed to it 1995 01:33:07.600 --> 01:33:08.760 and everything went great. 1996 01:33:08.840 --> 01:33:09.039 Man. 1997 01:33:09.439 --> 01:33:13.079 So that was time Tom really helped me out big time. 1998 01:33:13.479 --> 01:33:15.159 I mean big time. It'd be funny. I wonder if 1999 01:33:15.159 --> 01:33:18.439 he actually remembers that, but it's nuts, man. But we're 2000 01:33:18.439 --> 01:33:21.760 talking to Brad O'Brien and Brad, actually I got someone's 2001 01:33:21.760 --> 01:33:24.720 got a question for you. But the homeowner stuff very important, right, 2002 01:33:25.000 --> 01:33:26.960 new homebuilder have an attorney? 2003 01:33:27.000 --> 01:33:28.720 Have you look at it? 2004 01:33:28.199 --> 01:33:32.520 I could add about the affiliated businesses with homebuilders? Did 2005 01:33:32.560 --> 01:33:35.520 they the biggest ones do have their affiliated mortgage companies 2006 01:33:35.520 --> 01:33:36.319 and title companies. 2007 01:33:36.399 --> 01:33:38.199 Do they actually own those or they're just. 2008 01:33:38.279 --> 01:33:40.399 I think they're commonly owned. That's that's why they're affiliated. 2009 01:33:40.399 --> 01:33:42.880 And sometimes they have even the same name, the same 2010 01:33:43.399 --> 01:33:45.680 accept that my say mortgage company or insurance company. 2011 01:33:46.000 --> 01:33:49.399 But you're not required to use them. You're free to 2012 01:33:49.439 --> 01:33:50.359 choose your own company. 2013 01:33:50.760 --> 01:33:52.760 And is that is that a law in Colorado? 2014 01:33:52.800 --> 01:33:54.640 Actually you're you're free to choose your own vendors. 2015 01:33:54.640 --> 01:33:57.760 But if they if they incentivize you with a free 2016 01:33:57.840 --> 01:34:01.199 upgrade like cabinets, then they turn around like they tried 2017 01:34:01.239 --> 01:34:01.720 to do to me. 2018 01:34:01.760 --> 01:34:03.960 If you don't want to use them, charge. 2019 01:34:03.760 --> 01:34:06.199 Yes, usedly makes sense to use their affiliated company because 2020 01:34:06.560 --> 01:34:08.399 when when you get a lower you got a better 2021 01:34:08.399 --> 01:34:10.520 deal and they get a little they make money on 2022 01:34:10.560 --> 01:34:10.960 it as well. 2023 01:34:11.039 --> 01:34:13.079 Yeah, and then Doc brought up an interesting point. 2024 01:34:13.119 --> 01:34:16.279 I could have just refined, that's true, but then you're 2025 01:34:16.319 --> 01:34:19.560 still doing closing costs and everything. Again, but it's a lot, right, 2026 01:34:19.680 --> 01:34:22.359 It's less than what the upgrade would have been my mortgage. 2027 01:34:22.640 --> 01:34:27.119 And recently I had a they had a lender. I 2028 01:34:27.159 --> 01:34:30.520 had to qualify for the loan through their lender. As 2029 01:34:30.560 --> 01:34:33.039 long as I qualified for the loan, Yeah, then I 2030 01:34:33.079 --> 01:34:37.640 could find my own, uh mortgage company, because if I 2031 01:34:37.640 --> 01:34:40.920 couldn't find anybody else, then I would be sort of 2032 01:34:41.000 --> 01:34:44.000 backed into their their mortgage company. So that was the 2033 01:34:44.000 --> 01:34:45.079 hoop I had to jump through. 2034 01:34:45.279 --> 01:34:47.039 Brad, what do you see, Let's get out of the 2035 01:34:47.079 --> 01:34:49.520 new home purchase and we know all the pitfalls there. 2036 01:34:49.760 --> 01:34:51.840 I mean, the bottom line is, have someone look at it. 2037 01:34:52.039 --> 01:34:55.199 If anything, you know you still want the house, but 2038 01:34:55.439 --> 01:34:58.439 be aware that it can take a long time. Be 2039 01:34:58.520 --> 01:35:00.800 aware they might be able to up a price on it. 2040 01:35:01.039 --> 01:35:04.000 Be aware of what you're signing, because if you do 2041 01:35:04.039 --> 01:35:05.880 want to back out, chances are you're not going to. 2042 01:35:06.000 --> 01:35:09.319 They'll hold on to that interest or that earnest money, 2043 01:35:09.880 --> 01:35:13.119 like you know, like a dead man gripping his gun 2044 01:35:13.239 --> 01:35:13.680 or something. 2045 01:35:13.720 --> 01:35:17.239 I mean, seriously, it's really hard to get back. 2046 01:35:17.319 --> 01:35:19.439 It's a leap of faith to be a purchaser of 2047 01:35:19.439 --> 01:35:21.760 a from a home builder on a new construction. It's 2048 01:35:21.880 --> 01:35:25.520 it's much safer to be the first purchaser on the 2049 01:35:25.920 --> 01:35:26.800 first resale. 2050 01:35:27.119 --> 01:35:30.199 Yeah, and that goes for big companies or small companies, 2051 01:35:30.199 --> 01:35:33.760 even if it's a guy building or developing even one neighborhood. 2052 01:35:33.760 --> 01:35:36.239 That might even be more important to make sure an 2053 01:35:36.239 --> 01:35:39.159 attorney's involved with that where you're actually paying a builder 2054 01:35:39.720 --> 01:35:42.279 as you go, you know, a construction loan and stuff. 2055 01:35:42.319 --> 01:35:43.359 You can dig into all that. 2056 01:35:43.640 --> 01:35:47.279 Now, on the commercial side, what's the biggest thing, you say, 2057 01:35:47.600 --> 01:35:50.439 just commercial in general, what's the biggest phone call you get? 2058 01:35:50.640 --> 01:35:55.000 Is it from landlords? Is it from like tenants that 2059 01:35:55.039 --> 01:35:57.159 are going to run out of a strip mall? Like literally, 2060 01:35:57.199 --> 01:36:00.199 what's the biggest call you get or or maybe the 2061 01:36:00.319 --> 01:36:02.439 biggest problem you see? 2062 01:36:02.960 --> 01:36:05.960 Well, I help a commercial owner. Property owners buy and 2063 01:36:06.000 --> 01:36:10.800 sell and do leasing. So everything yeah, And it's also 2064 01:36:11.119 --> 01:36:13.640 kind of economy driven. When the economy is great, it's 2065 01:36:13.680 --> 01:36:17.119 a lot of transactions. When the economy turns, it's litigation 2066 01:36:17.319 --> 01:36:21.840 mechanics leans tenants leaving before the end of the term, 2067 01:36:21.960 --> 01:36:22.600 that sort of thing. 2068 01:36:22.760 --> 01:36:25.800 Can you do you do like UCC filings on inventory 2069 01:36:25.840 --> 01:36:26.279 and stuff? 2070 01:36:26.399 --> 01:36:29.479 Yes, I do, so you do sometimes landlord gets landlords 2071 01:36:29.479 --> 01:36:34.000 get you see rights to foreclose on the furniture, fixure, 2072 01:36:34.000 --> 01:36:35.000 and equipment of a tenant. 2073 01:36:35.079 --> 01:36:35.279 See. 2074 01:36:35.319 --> 01:36:38.279 People don't understand how important that is. I'm talking, of 2075 01:36:38.279 --> 01:36:41.640 course from the landlords standpoint, but they can actually own 2076 01:36:41.640 --> 01:36:45.960 your inventory, and those UCC filings are very important, especially 2077 01:36:46.279 --> 01:36:49.680 if someone goes bankrupt on you, because you actually could 2078 01:36:49.720 --> 01:36:52.520 be first in line with that filing to go after 2079 01:36:52.600 --> 01:36:56.199 the equipment compared to someone that didn't have those filings. 2080 01:36:56.760 --> 01:36:59.239 And that goes for almost any industry, right, and it 2081 01:36:59.279 --> 01:37:01.239 could go for a whipment for like a print shop 2082 01:37:01.399 --> 01:37:02.920 or an automotive shop or anything. 2083 01:37:03.479 --> 01:37:06.520 Yeah, my landlord clients don't too often go after the 2084 01:37:06.560 --> 01:37:10.239 equipment because it's really has liquidation value. Like a restaurant 2085 01:37:10.239 --> 01:37:13.359 that went out of business and used restaurant equipment, used tables. 2086 01:37:13.479 --> 01:37:14.720 Yes, it's almost worth nothing. 2087 01:37:14.800 --> 01:37:17.600 Yes, And it almost doesn't justify the cost of going 2088 01:37:17.640 --> 01:37:18.039 after it. 2089 01:37:18.640 --> 01:37:20.880 That makes a lot of sense. The other thing. 2090 01:37:22.640 --> 01:37:25.039 Is a lot of times the UCC is filed on 2091 01:37:25.079 --> 01:37:28.880 the inventory by the person that sold in the inventory 2092 01:37:29.119 --> 01:37:31.760 or the person that sold them or leasing them the equipment, 2093 01:37:31.880 --> 01:37:34.359 or if they didn't SEC there's already someone above you. 2094 01:37:34.439 --> 01:37:36.159 If they didn't pay their sales taxes. The state of 2095 01:37:36.159 --> 01:37:39.199 Colorado steps in line first. Oh yeah, they do on 2096 01:37:39.239 --> 01:37:41.840 the sales tax Lian, the state is unbelievable. Hold on, 2097 01:37:41.960 --> 01:37:43.880 I can take this break, bow, I promise I'll get 2098 01:37:43.880 --> 01:37:44.399 to you after this. 2099 01:37:50.159 --> 01:37:53.479 Go with a sure thing Denver's Best roofer Excel Roofing 2100 01:37:53.560 --> 01:37:54.119 dot com. 2101 01:37:54.159 --> 01:37:56.600 You don't pay a cent until your content. 2102 01:37:59.560 --> 01:38:03.119 Time for insurance check up free, no obligation comparison call 2103 01:38:03.239 --> 01:38:06.520 Compass insurance paying too much your coverage at dozens of 2104 01:38:06.560 --> 01:38:09.239 insurance companies find out now three oh three seven to 2105 01:38:09.279 --> 01:38:12.079 seven to one help. You'll think you're his only customer 2106 01:38:12.119 --> 01:38:14.399 when you choose Frank durand the real estate Man dot 2107 01:38:14.399 --> 01:38:17.720 com to list your home with Remax Alliance three all 2108 01:38:17.760 --> 01:38:32.079 three nine two zero sixteen twenty two. 2109 01:38:26.000 --> 01:38:28.119 All right three oh three seven one three eight two 2110 01:38:28.199 --> 01:38:31.039 five five bo. 2111 01:38:31.119 --> 01:38:32.279 What is going on with you. 2112 01:38:32.319 --> 01:38:32.479 Bo. 2113 01:38:32.600 --> 01:38:34.359 By the way, I want to tell everybody really quick, 2114 01:38:34.399 --> 01:38:37.880 one Clear Choice Doors dot Com. This is the garage 2115 01:38:37.920 --> 01:38:41.119 door company that we've been talking about for at least 2116 01:38:41.119 --> 01:38:42.520 fifteen years, if not twenty. 2117 01:38:42.520 --> 01:38:43.000 They're on a. 2118 01:38:42.960 --> 01:38:46.560 Referral list a referral list dot com. They have showrooms 2119 01:38:46.680 --> 01:38:48.640 up and down the front range. If you're looking for 2120 01:38:48.680 --> 01:38:52.520 a new garage door, but if you have a older 2121 01:38:52.560 --> 01:38:54.680 one and need a tune up, they got great prices 2122 01:38:54.720 --> 01:38:56.600 and you want to get it tuned up before it breaks, 2123 01:38:56.760 --> 01:38:58.800 if a spring goes out, or if you need a 2124 01:38:58.840 --> 01:39:02.119 new garage door opener or anything like that, these guys 2125 01:39:02.159 --> 01:39:07.479 can handle it. One clear Choice Doors dot Com. Now, Bo, 2126 01:39:08.479 --> 01:39:11.640 you have a question actually for Brad. What is your 2127 01:39:11.720 --> 01:39:12.600 question for Brad? 2128 01:39:12.680 --> 01:39:12.840 Sir? 2129 01:39:13.079 --> 01:39:17.199 Yes, hi, Brad. Hey, I've been working on this case 2130 01:39:17.399 --> 01:39:20.439 and Common Mark know about it. Is Joel Joe from 2131 01:39:20.479 --> 01:39:25.199 Alison Mechanical and Brad you helped him put a mechanics 2132 01:39:25.199 --> 01:39:31.800 clean on his property. Basically, he provided materials onto this. 2133 01:39:32.159 --> 01:39:35.359 He let his friend use an account, a plumbing account. 2134 01:39:36.920 --> 01:39:41.600 It was a boiler installation, so Joe did not get 2135 01:39:41.640 --> 01:39:46.920 paid for the materials. So Joe, with your help, put 2136 01:39:46.920 --> 01:39:48.960 a mechanic clean on the property. 2137 01:39:49.079 --> 01:39:50.880 Wait a minute, so I want to get this straight. 2138 01:39:50.960 --> 01:39:56.920 So the caller had someone he knew, like an employer 2139 01:39:57.000 --> 01:40:01.119 or somebody, use his account in an eight VAC company. 2140 01:40:01.479 --> 01:40:04.159 Yeah it was. It was another company. It was called 2141 01:40:04.239 --> 01:40:08.359 ken Call Construction. They used his account, got it about 2142 01:40:08.479 --> 01:40:11.319 six thousand dollars worth of material? Okay? 2143 01:40:11.680 --> 01:40:12.159 They did? 2144 01:40:12.600 --> 01:40:13.439 Did they? Did? They? 2145 01:40:13.640 --> 01:40:16.560 But hold on, bo did they use his account with permission? 2146 01:40:17.760 --> 01:40:17.960 Yes? 2147 01:40:18.039 --> 01:40:18.399 They did. 2148 01:40:18.600 --> 01:40:21.279 Okay, So that's where I was getting there. And then 2149 01:40:21.279 --> 01:40:23.199 it got delivered and then what happened? 2150 01:40:24.199 --> 01:40:28.399 Okay, So the contractor Ken Call installed the system, but 2151 01:40:28.560 --> 01:40:32.039 they didn't pay Joe for the for the materials. 2152 01:40:32.279 --> 01:40:34.239 Now, who didn't pay Joe? Nobody. 2153 01:40:35.760 --> 01:40:39.239 Nobody paid Joe, not the homeowner where the installation. 2154 01:40:39.479 --> 01:40:44.079 Oh so then so then they called you, Brad. Is 2155 01:40:44.119 --> 01:40:45.399 this what I'm understanding? 2156 01:40:45.479 --> 01:40:46.359 Yeah, let me clarify. 2157 01:40:46.479 --> 01:40:49.239 So I didn't help Joe file the mechanics SLEAN, but 2158 01:40:49.239 --> 01:40:52.560 I did speak with him in general about mechanics leans 2159 01:40:52.560 --> 01:40:55.000 and his situation by the pace on it. Yeah, and 2160 01:40:55.039 --> 01:40:57.119 by the way, he did. He did call me this 2161 01:40:57.239 --> 01:41:01.199 week and authorized me to discuss his at her with Tom. 2162 01:41:01.279 --> 01:41:04.079 So yeah, I'm not reaching any client confidentiality. 2163 01:41:04.119 --> 01:41:06.000 Yeah, yeah, we know, of course you never would. 2164 01:41:06.239 --> 01:41:08.520 But so so the bottom line is you just gave 2165 01:41:08.600 --> 01:41:11.680 him some information and then both did the guy end 2166 01:41:11.760 --> 01:41:12.520 up getting paid? 2167 01:41:13.359 --> 01:41:13.399 No? 2168 01:41:13.680 --> 01:41:17.479 This is the story that I want really good clarification 2169 01:41:17.760 --> 01:41:20.000 because Mark, you and Tom told me on it all right. 2170 01:41:20.039 --> 01:41:22.239 Hold on though, man, we're coming up. Hold on, hold on, 2171 01:41:22.319 --> 01:41:25.479 and then Michael you hold on too. But I know 2172 01:41:25.520 --> 01:41:27.439 where he's going to go, and we're going to talk 2173 01:41:27.479 --> 01:41:28.479 about it next hour. 2174 01:41:28.680 --> 01:41:31.119 And you can look at it either way. 2175 01:41:31.199 --> 01:41:33.399 There's two ways to look at What I'm going to 2176 01:41:33.479 --> 01:41:39.479 refer to is an affirmative defense against the lean in Colorado. 2177 01:41:39.520 --> 01:41:42.920 It's very important pay attention to this. If you're a homeowner, 2178 01:41:43.119 --> 01:41:44.039 it's going to be big. 2179 01:41:50.439 --> 01:41:53.680 Go with a sure thing Denver's Best Roofer Excel Roofing 2180 01:41:53.800 --> 01:41:54.399 dot com. 2181 01:41:54.439 --> 01:41:56.439 You don't pay a cent until you're content. 2182 01:42:00.159 --> 01:42:03.399 For an insurance check up free no obligation comparison call 2183 01:42:03.479 --> 01:42:06.800 Compass insurance paying too much your coverage at dozens of 2184 01:42:06.840 --> 01:42:09.760 insurance companies find out now three oh three, seven seven 2185 01:42:09.800 --> 01:42:12.560 to one help. You'll think you're his only customer when 2186 01:42:12.600 --> 01:42:15.079 you choose Frank durand the Real estate Man dot com 2187 01:42:15.079 --> 01:42:18.199 to list your home with Remax Alliance three oh three 2188 01:42:18.279 --> 01:42:26.359 nine two zero sixteen twenty two. 2189 01:42:25.479 --> 01:42:28.279 D tough news. 2190 01:42:29.119 --> 01:42:30.680 Need advice, so you don't have. 2191 01:42:32.920 --> 01:42:35.359 Come. Run inxious as fast as we can. 2192 01:42:36.600 --> 01:42:39.920 Shooter's gonna help come man. 2193 01:42:40.079 --> 01:42:44.880 This is the Troubleshooter Show Now, Tom Martinez, welcome my. 2194 01:42:44.880 --> 01:42:46.800 Friends to the only show of this came. 2195 01:42:46.840 --> 01:42:50.640 We're here to solve problems, answer questions, take your complaints, 2196 01:42:51.199 --> 01:42:53.079 pick our brains. We'd love you to do that. Three 2197 01:42:53.079 --> 01:42:55.399 oh three Martino is a phone number. Two lines open, 2198 01:42:55.439 --> 01:42:59.119 three oh three seven one three eight two five five. 2199 01:42:59.520 --> 01:43:01.520 We're gonna go back to Deputy Bow. But I need 2200 01:43:01.560 --> 01:43:04.640 to tell everybody about water pros. Shuzanna and I got 2201 01:43:04.680 --> 01:43:07.000 a softener from Paul. How long ago is that pay? 2202 01:43:07.199 --> 01:43:08.880 It's been a good year year plus. 2203 01:43:08.880 --> 01:43:10.720 You love it Toash, I love it. I'll tell you 2204 01:43:10.760 --> 01:43:12.439 why I love it. I've had to go out and 2205 01:43:12.479 --> 01:43:15.479 buy the salt for it once. I mean, it's crazy. 2206 01:43:15.520 --> 01:43:17.920 It goes through so slow. It's probably there's only two 2207 01:43:17.920 --> 01:43:19.920 of us, but ours is for a big house. The 2208 01:43:19.960 --> 01:43:23.239 whole thing costs less than thirty five hundred dollars thirty 2209 01:43:23.239 --> 01:43:23.960 five hundred bucks. 2210 01:43:24.039 --> 01:43:24.479 We got it. 2211 01:43:24.600 --> 01:43:27.560 We had other companies out besides waterpros dot com or 2212 01:43:27.880 --> 01:43:31.199 dot net, and they were eight thousand to twelve thousand 2213 01:43:31.239 --> 01:43:31.920 more than double. 2214 01:43:32.439 --> 01:43:35.279 And now he's got a system. Listen to this. This 2215 01:43:35.359 --> 01:43:35.840 is crazy. 2216 01:43:36.600 --> 01:43:41.359 Thirty six ninety nine under thirty seven hundred bucks. It 2217 01:43:41.399 --> 01:43:44.560 gets rid of forever chemicals in your entire house, whole house. 2218 01:43:45.000 --> 01:43:48.600 It softens the water and make sure the chlorine's acceptable. 2219 01:43:49.399 --> 01:43:52.119 You understand what I'm saying. It's unbelievable for under thirty 2220 01:43:52.119 --> 01:43:55.600 seven hundred bucks. Other places, you know, thirteen thousand dollars 2221 01:43:55.840 --> 01:43:59.199 waterpros dot net, water pros dot net. 2222 01:43:59.279 --> 01:44:01.840 Now I'm going back to Bow. He has an update. 2223 01:44:01.840 --> 01:44:06.000 But we had a caller that basically Brad just talked 2224 01:44:06.039 --> 01:44:08.159 to the guy, didn't engage with him, but he might 2225 01:44:08.199 --> 01:44:10.960 actually hire him at this point. But what happened was, 2226 01:44:12.640 --> 01:44:14.399 I'm going to say this as quick as I can, 2227 01:44:14.920 --> 01:44:20.560 somebody allowed someone to use their wholesale account or account 2228 01:44:20.680 --> 01:44:21.079 at an. 2229 01:44:22.479 --> 01:44:23.960 HVAC supply house. 2230 01:44:24.640 --> 01:44:29.680 They delivered and installed I assume bo the furnace to 2231 01:44:29.800 --> 01:44:30.680 the person's house. 2232 01:44:30.760 --> 01:44:31.800 Is that correct? So far? 2233 01:44:32.239 --> 01:44:35.720 Yes, they installed two boilers in a water so. 2234 01:44:35.680 --> 01:44:36.960 They installed that stuff. 2235 01:44:37.279 --> 01:44:40.000 But the person that was allowed to use the account, 2236 01:44:40.039 --> 01:44:43.000 that's not the problem never paid the supplier. 2237 01:44:43.640 --> 01:44:45.920 Right, they never paid the supply. 2238 01:44:46.159 --> 01:44:48.680 So therefore the person that allowed him to use the 2239 01:44:48.720 --> 01:44:52.600 wholesale account is looking at a bill from the supplier period. 2240 01:44:53.720 --> 01:44:56.920 Right. And in this situation, even though he's an individual, 2241 01:44:57.159 --> 01:45:00.720 I believe he is now acting as the supplier because 2242 01:45:00.760 --> 01:45:03.399 he is the one that basically allowed the materials to 2243 01:45:03.399 --> 01:45:04.119 be delivered. 2244 01:45:04.239 --> 01:45:07.039 Yeah, no, I would agree with that he is. He 2245 01:45:07.319 --> 01:45:11.720 definitely is the supplier at this point. But here's where 2246 01:45:11.720 --> 01:45:15.359 I think you were going. The supplier can put a 2247 01:45:15.399 --> 01:45:18.439 lien on the property. There's no doubt about that. They 2248 01:45:18.479 --> 01:45:20.800 have to do it. What's the period of time? Let's 2249 01:45:20.840 --> 01:45:23.439 walk through that real quick for everybody. So, if a 2250 01:45:23.479 --> 01:45:26.600 contractor wants to put a lien on a property because 2251 01:45:26.640 --> 01:45:30.279 they never got paid, let's say an HVAC contractor, when 2252 01:45:30.319 --> 01:45:32.319 do they have to do it by? Isn't it thirty 2253 01:45:32.399 --> 01:45:34.319 or forty days or ninety days? 2254 01:45:34.359 --> 01:45:34.880 What is it now? 2255 01:45:34.960 --> 01:45:37.800 Before they record a mechanical leane against the property, they 2256 01:45:37.840 --> 01:45:40.359 have to serve a ten day notice of intent to 2257 01:45:40.439 --> 01:45:42.000 lean and that's got to be delivered at least ten 2258 01:45:42.079 --> 01:45:46.000 days before the recording, and that ten day notice has 2259 01:45:46.039 --> 01:45:50.079 to be delivered within excuse me. The ten days plus 2260 01:45:50.119 --> 01:45:52.000 the recording have to be done within four months after 2261 01:45:52.039 --> 01:45:53.199 the contractors last week, so. 2262 01:45:53.199 --> 01:45:56.199 One hundred and twenty days roughly. Ye, so in one 2263 01:45:56.279 --> 01:46:00.319 hundred and twenty days. So if in other words, you wouldn't, well, 2264 01:46:00.359 --> 01:46:02.520 you can lean a property at any point. But what 2265 01:46:02.560 --> 01:46:04.680 I'm saying, in order to have a valid lian if 2266 01:46:04.720 --> 01:46:07.720 you will, if they didn't do any work in a 2267 01:46:07.760 --> 01:46:09.880 five month period, they missed the window. 2268 01:46:10.279 --> 01:46:12.640 Yeah, a mechanic or a contractor has a lean from 2269 01:46:12.680 --> 01:46:16.159 day one, papering it and recording it is perfecting. 2270 01:46:16.159 --> 01:46:17.279 The lean is god. 2271 01:46:17.359 --> 01:46:20.399 And if you don't perfect it and follow the timeline, 2272 01:46:20.439 --> 01:46:22.039 then your lean expires automatically. 2273 01:46:22.159 --> 01:46:25.680 Okay, now in this case, and then I want to 2274 01:46:25.680 --> 01:46:28.119 pick your brain on leans, just so everybody understands how 2275 01:46:28.159 --> 01:46:31.560 they work. But in this case, they were in the 2276 01:46:31.640 --> 01:46:35.159 time frame and the supplier, who was this guy who 2277 01:46:35.199 --> 01:46:39.479 allowed this other company that apparently is no good to 2278 01:46:39.640 --> 01:46:43.119 use his account, is going to lean the property right bo. 2279 01:46:44.000 --> 01:46:47.119 Yes, And he already leaned the PEAT file the intent 2280 01:46:47.680 --> 01:46:50.920 and recorded the lean and it was all done within 2281 01:46:51.000 --> 01:46:51.960 the time period. 2282 01:46:52.079 --> 01:46:54.000 Yep, it's all done in the time period. So the 2283 01:46:54.000 --> 01:46:56.760 next party's got to do and Brad please, you're the 2284 01:46:56.800 --> 01:46:59.359 attorney that does this all the time. But he's got 2285 01:46:59.359 --> 01:47:03.399 to literally take them to court and basically prove that 2286 01:47:03.800 --> 01:47:05.399 they owe money, right yese. 2287 01:47:05.439 --> 01:47:08.560 Within six months after the last work or after the 2288 01:47:08.560 --> 01:47:12.199 completion of the project, the mechanic who's the starting a 2289 01:47:12.279 --> 01:47:15.000 lean has to file a claim, a court claim for 2290 01:47:15.000 --> 01:47:17.159 foreclosure of that mechanic's. 2291 01:47:16.720 --> 01:47:19.199 Lane, right. And that's basically in front of a judge. 2292 01:47:19.239 --> 01:47:19.760 I mean it is. 2293 01:47:19.800 --> 01:47:21.640 It's in district court too, not county court. 2294 01:47:21.760 --> 01:47:21.920 Yees. 2295 01:47:21.960 --> 01:47:23.760 So I mean it's a real court date. You show 2296 01:47:23.840 --> 01:47:25.920 up and you prove that they owe you money or 2297 01:47:25.960 --> 01:47:29.439 prove whatever. You prove your case and then if that happens, 2298 01:47:29.479 --> 01:47:31.479 we can talk about the collection part of it later. 2299 01:47:31.520 --> 01:47:34.079 But that's that's it. It's it's pretty much done and 2300 01:47:34.159 --> 01:47:35.479 over the leans on the property. 2301 01:47:35.520 --> 01:47:35.800 Now. 2302 01:47:36.600 --> 01:47:39.159 The problem that I see with this, and Bo this 2303 01:47:39.359 --> 01:47:42.520 was the question I think you were going to is 2304 01:47:42.560 --> 01:47:48.239 in Colorado we actually have an affirmative defense, but only 2305 01:47:48.359 --> 01:47:52.199 certain things. Certain things have to be in place for 2306 01:47:52.279 --> 01:47:57.039 it to work. One was this property a single family dwelling. 2307 01:47:58.239 --> 01:48:00.720 Yes, okay, assl. 2308 01:48:00.439 --> 01:48:01.840 Pines yes, correct. 2309 01:48:02.399 --> 01:48:07.119 Did they have a contract in writing a contract with 2310 01:48:07.239 --> 01:48:11.880 the person that installed the furnace. Yes, did they pay 2311 01:48:11.960 --> 01:48:14.239 that person for the furnace? 2312 01:48:15.039 --> 01:48:18.560 Yes, a contractor was Ken Call Construction. The amount of 2313 01:48:18.560 --> 01:48:21.279 the job is thirty eight thousand dollars in the ladies 2314 01:48:21.359 --> 01:48:24.479 that own the house paid the contractor for. 2315 01:48:24.359 --> 01:48:28.039 The work, so the contractor was paid in full. It's 2316 01:48:28.079 --> 01:48:31.079 a single family home. And does the owner of that 2317 01:48:31.199 --> 01:48:33.479 single family home actually live there? 2318 01:48:34.279 --> 01:48:36.159 She lives there, and she's the owner. 2319 01:48:36.319 --> 01:48:37.319 And that's it. 2320 01:48:37.399 --> 01:48:41.640 I mean, so when they go to perfect it, actually, 2321 01:48:41.640 --> 01:48:44.720 what is that called? You already said when the perfection was, 2322 01:48:44.960 --> 01:48:47.800 what's it called? When you bring them to court, you're not. 2323 01:48:48.119 --> 01:48:49.680 I mean, you're basically suing them. 2324 01:48:49.840 --> 01:48:51.920 So foreclosure of the mechanics lane, that's what is. 2325 01:48:51.840 --> 01:48:54.840 Called the foreclosure. So when they go to that part, 2326 01:48:54.920 --> 01:48:59.359 the foreclosure of the mechanics lane, that woman or that guy, 2327 01:48:59.439 --> 01:49:02.720 whoever it is is, they could simply assert that affirmative 2328 01:49:02.760 --> 01:49:07.239 defense if they met that criteria, and then that person 2329 01:49:07.399 --> 01:49:09.760 or that supplier would not win the case. 2330 01:49:12.720 --> 01:49:15.199 That's what I want to know, because you guys told 2331 01:49:15.239 --> 01:49:18.359 me last week, since she's the homeowner and she paid 2332 01:49:18.359 --> 01:49:20.319 the bill, that she could get out of the she 2333 01:49:20.359 --> 01:49:21.239 could get out of this. 2334 01:49:21.199 --> 01:49:25.640 Tradition everything, if everything I just said, if everything I 2335 01:49:25.840 --> 01:49:29.840 just said, or if everything that you answered the questions 2336 01:49:29.880 --> 01:49:33.159 I said is correct, Yes, single family dwelling. She paid 2337 01:49:33.159 --> 01:49:38.479 the contractor in full. She has that affirmative defense, so. 2338 01:49:38.359 --> 01:49:43.239 The supplier has no right to collect on the materials 2339 01:49:43.239 --> 01:49:47.119 that were supplied. Well, I don't understand the. 2340 01:49:47.119 --> 01:49:50.760 Homeowner bo bo bo listen. I mean whether you understand it, 2341 01:49:50.800 --> 01:49:53.479 whether it's right or not, doesn't matter. But here's the 2342 01:49:53.520 --> 01:49:57.159 interesting part. They would have to assert that defense. I mean, 2343 01:49:57.199 --> 01:49:59.600 am I correcting that, Brad? I mean if they walked 2344 01:49:59.600 --> 01:50:02.640 in in the woman had no idea about that, would 2345 01:50:02.680 --> 01:50:04.119 a judge automatically do that? 2346 01:50:04.159 --> 01:50:04.720 In your eyes? 2347 01:50:04.840 --> 01:50:08.000 Or the judge doesn't get involved in the argument side 2348 01:50:08.079 --> 01:50:10.760 or do they if there is an affirmative defense to 2349 01:50:10.840 --> 01:50:12.800 anything for that matter, and. 2350 01:50:12.880 --> 01:50:16.920 Affirmative this affirmative defense is not like you you assert 2351 01:50:16.920 --> 01:50:19.159 it and then the case is over. You still have 2352 01:50:19.199 --> 01:50:21.640 to win with this affirmative defense, either at trial or 2353 01:50:21.640 --> 01:50:22.880 an emotion for summery judgment. 2354 01:50:23.279 --> 01:50:23.600 Correct. 2355 01:50:23.640 --> 01:50:25.680 But I'm saying if the homeowner in this did not 2356 01:50:25.880 --> 01:50:28.760 even know this was a and shows up by themselves 2357 01:50:29.159 --> 01:50:30.920 when they get sued or when they go for the 2358 01:50:30.960 --> 01:50:32.119 foreclosure action. 2359 01:50:32.199 --> 01:50:34.920 Would the judge actually tell her about it. 2360 01:50:35.079 --> 01:50:37.039 No, judges don't give legal advice, That's what I mean. 2361 01:50:37.079 --> 01:50:39.319 So they wouldn't. So if she doesn't know about it, 2362 01:50:39.399 --> 01:50:40.720 they could still get paid. 2363 01:50:42.359 --> 01:50:43.880 You're right, I'll give you another. 2364 01:50:43.920 --> 01:50:47.560 I'll give everybody out there another instance. You know, there's 2365 01:50:47.600 --> 01:50:50.720 a statute of limitation on debt collection. So if you 2366 01:50:50.800 --> 01:50:53.640 didn't pay in most circumstances, depending on where you live 2367 01:50:53.760 --> 01:50:57.039 or what state, six seven years, and you didn't renew it, 2368 01:50:57.479 --> 01:51:02.079 and you didn't make any payments on it, the statute's gone. 2369 01:51:02.199 --> 01:51:03.479 It's just simply gone. 2370 01:51:03.640 --> 01:51:06.159 But they can still serve you bring you to court 2371 01:51:06.159 --> 01:51:08.800 in front of a judge and try to prove their case. 2372 01:51:09.119 --> 01:51:11.880 But if you don't point out to them that it's 2373 01:51:11.920 --> 01:51:15.880 past the statute of limitations, they could literally win the case. 2374 01:51:16.000 --> 01:51:17.199 Do you follow what I'm saying. 2375 01:51:18.960 --> 01:51:21.840 Yeah, So basically this guy's hose, he's not going to 2376 01:51:21.880 --> 01:51:23.159 be able to collect if. 2377 01:51:23.039 --> 01:51:26.760 She asserts that. If she asserts that affirmative defense. 2378 01:51:27.319 --> 01:51:32.079 Well I'm sure she'll hire an attorney. And Brad quoted 2379 01:51:32.199 --> 01:51:34.479 you know a cost to do a judicial foreclosure of 2380 01:51:34.600 --> 01:51:38.600 ten thousand dollars. Well, markets like these rooping companies roofing 2381 01:51:38.680 --> 01:51:43.079 companies supply rooping materials YEP, and roopers do roughs, and 2382 01:51:43.119 --> 01:51:44.279 then the supply the rooting. 2383 01:51:44.880 --> 01:51:44.920 It. 2384 01:51:45.079 --> 01:51:48.439 It's just it's the exact same thing. Bo, there's no difference. 2385 01:51:48.479 --> 01:51:52.439 It's the exact same thing. If they meet the criteria. 2386 01:51:52.000 --> 01:51:56.319 Can't they suit subcontractors to the contractor for the materials. 2387 01:51:56.079 --> 01:51:59.199 Bough, Yeah, that's what they have to do. That's that's 2388 01:51:59.239 --> 01:51:59.880 his remedy. 2389 01:52:00.119 --> 01:52:03.800 This is if she asserts this and she doesn't have 2390 01:52:03.880 --> 01:52:06.439 to pay the supplier and everything goes in her favor, 2391 01:52:06.479 --> 01:52:09.079 which I'm pretty sure it would if she has an attorney. 2392 01:52:09.119 --> 01:52:11.399 I know it would. But but then he. 2393 01:52:11.399 --> 01:52:14.520 Goes after that contractor that used his account. 2394 01:52:15.119 --> 01:52:17.680 That would be an alternative, but he's explored that. 2395 01:52:17.960 --> 01:52:20.399 Well, I think that's going to be the only alternative 2396 01:52:20.439 --> 01:52:22.439 in this case. You know, I'll give it. And I 2397 01:52:22.479 --> 01:52:24.199 know where you're saying he has no recourse. 2398 01:52:24.239 --> 01:52:25.720 He does have recourse, Yeah. 2399 01:52:25.560 --> 01:52:28.359 After that person. But I know what Bo saying. Both 2400 01:52:28.359 --> 01:52:31.800 saying it's not fair. It's just simply not fair, because 2401 01:52:32.439 --> 01:52:34.880 it's just not fair. That's really saying. It's got nothing 2402 01:52:34.920 --> 01:52:36.720 to do with law. But I'll give you, I'll give 2403 01:52:36.760 --> 01:52:39.920 you an idea because people might not think. A contractor 2404 01:52:40.039 --> 01:52:43.279 might not like or a subcontractor, i should say, might 2405 01:52:43.319 --> 01:52:45.399 not like this affirmative defense. 2406 01:52:45.439 --> 01:52:48.560 But I'll give you. I'll give you an idea. If 2407 01:52:48.600 --> 01:52:49.920 your employer. 2408 01:52:50.920 --> 01:52:55.000 Takes money out of your check to pay taxes, okay, 2409 01:52:55.399 --> 01:52:57.520 if they take money out of your check, you're just 2410 01:52:57.560 --> 01:53:00.720 a regular employee, and you made a hundred dollars and 2411 01:53:00.800 --> 01:53:03.439 of course your checks for eighty because the twenty dollars 2412 01:53:03.800 --> 01:53:09.600 was taken out for taxes, and that employer is unscrupulous 2413 01:53:10.239 --> 01:53:14.600 and decides instead of sending that twenty dollars to Uncle Sam, 2414 01:53:15.439 --> 01:53:21.880 that that employer keeps the twenty dollars. Okay, Eventually the 2415 01:53:21.920 --> 01:53:24.800 irs the W two's will match up and everything will 2416 01:53:24.800 --> 01:53:27.000 come down. A guy named Don Eiley did this and 2417 01:53:27.079 --> 01:53:30.920 he ripped off so many small businesses and Colorado was crazy. 2418 01:53:31.319 --> 01:53:35.359 So basically what happens here is the small business is 2419 01:53:35.439 --> 01:53:38.039 left holding the bag, believe it or not, with the irs. 2420 01:53:38.079 --> 01:53:41.800 And in this case, the small business is left holding 2421 01:53:41.840 --> 01:53:44.399 the bag. So the small business, even though they paid 2422 01:53:44.399 --> 01:53:46.960 the accountant that was supposed to give it to the 2423 01:53:47.079 --> 01:53:49.000 Uncle Sam, didn't give it to Uncle Sam. 2424 01:53:49.319 --> 01:53:51.359 They still owe all the payroll. 2425 01:53:51.000 --> 01:53:54.760 Taxes in don Eiley's case over ten million dollars across 2426 01:53:54.840 --> 01:53:57.720 fifty sixty different small businesses, and some of them are 2427 01:53:57.720 --> 01:54:00.760 listening today. I guarantee it. That's how don on Iley 2428 01:54:00.880 --> 01:54:03.760 got busted. But it took ten years and they went 2429 01:54:03.800 --> 01:54:08.119 after the small businesses. But the affirmative defense, you might think, 2430 01:54:08.159 --> 01:54:10.359 wait a second, why. 2431 01:54:10.119 --> 01:54:12.600 Doesn't the employee actually owe it? 2432 01:54:13.880 --> 01:54:17.960 How come these people get stuck holding the bag because 2433 01:54:18.000 --> 01:54:21.239 why couldn't you use the same defense with the employee, 2434 01:54:21.239 --> 01:54:24.680 Because ultimately that money coming out of the paycheck is 2435 01:54:24.720 --> 01:54:28.960 on my behalf, So ultimately I didn't pay the IRS, but. 2436 01:54:28.920 --> 01:54:30.000 They do hold it there. 2437 01:54:30.239 --> 01:54:35.239 So the affirmative defense, the IRS won't go after the employee, 2438 01:54:35.520 --> 01:54:39.119 but they'll nail the business to the wall, which is 2439 01:54:39.199 --> 01:54:42.279 absolutely incredible. And that guy ruined a lot of lives. 2440 01:54:42.399 --> 01:54:45.359 Hey bo, I appreciate it. Three oh three seven one 2441 01:54:45.439 --> 01:54:46.199 three talk. 2442 01:54:50.800 --> 01:54:54.039 Go with a sure thing Denver's Best roofer Excel Roofing 2443 01:54:54.159 --> 01:54:56.800 dot com. You don't pay a cent until you're content. 2444 01:55:00.199 --> 01:55:03.359 Time for an insurance check up free, no obligation. In comparison, 2445 01:55:03.479 --> 01:55:07.039 call Compass insurance paying too much your coverage at dozens 2446 01:55:07.079 --> 01:55:09.800 of insurance companies find out now three oh three seven 2447 01:55:09.880 --> 01:55:10.359 seven to one. 2448 01:55:10.479 --> 01:55:10.760 Help. 2449 01:55:10.920 --> 01:55:13.560 You'll think you're his only customer when you choose Frank 2450 01:55:13.640 --> 01:55:16.079 durand the real estate man dot Com to list your 2451 01:55:16.079 --> 01:55:19.279 home with Remax Alliance. Three oh three nine two zero 2452 01:55:19.359 --> 01:55:22.720 sixteen twenty two. 2453 01:55:22.880 --> 01:55:25.680 All right, three oh three seven one three eight two 2454 01:55:25.840 --> 01:55:27.479 five five three oh. 2455 01:55:27.560 --> 01:55:31.119 Three Martino, you know we were talking during the break, Well, 2456 01:55:31.159 --> 01:55:33.239 real quick, I do want to tell you about somebody 2457 01:55:33.680 --> 01:55:37.640 and eight eight eight heating dot Com. I know another commercial. 2458 01:55:37.680 --> 01:55:39.920 Blah blah blah, I can already. These are good guys, though, 2459 01:55:39.920 --> 01:55:42.279 here's the bottom line. You want someone that'll come out 2460 01:55:42.359 --> 01:55:44.119 and actually give you a bit on fixing something. 2461 01:55:44.159 --> 01:55:45.920 These are your guys. They're not going to. 2462 01:55:46.000 --> 01:55:49.479 Just say, hey, that furnace needs a blower, so therefore 2463 01:55:49.520 --> 01:55:52.000 you should spend you know, a million dollars on a 2464 01:55:52.039 --> 01:55:53.520 new furnace. They're going to give you a price to 2465 01:55:53.560 --> 01:55:55.600 repair it, and it's going to be a fair price. 2466 01:55:55.920 --> 01:55:58.960 Then if you do want an estimate on a new system, 2467 01:55:58.960 --> 01:56:01.760 they'll give it to you. And they have high efficiency systems, 2468 01:56:02.000 --> 01:56:05.520 they have cheaper systems like eighty percent furnaces. They've got 2469 01:56:05.520 --> 01:56:08.479 it all. They've got the whole gamut. They have heat pumps, 2470 01:56:08.680 --> 01:56:10.840 they got mini splits, the sky's got at all. They're 2471 01:56:10.840 --> 01:56:15.079 really good people. Eight eighty eight Heating dot Com. Now 2472 01:56:15.880 --> 01:56:20.800 we were talking about the affirmative defense. Now I trust fund. 2473 01:56:20.960 --> 01:56:23.199 I want to talk about trust fund because this is 2474 01:56:23.239 --> 01:56:27.760 a big one in Colorado. If you pay a contractor, 2475 01:56:28.680 --> 01:56:32.439 I'll give you an example. You call a guy up 2476 01:56:32.479 --> 01:56:35.840 to finish your basement, a general contractor, and he comes 2477 01:56:35.880 --> 01:56:38.920 over and he quotes you fifty thousand dollars to do 2478 01:56:39.000 --> 01:56:42.239 the basement, and he says, I want ten thousand dollars 2479 01:56:42.279 --> 01:56:44.039 down to get started. So you write him a check 2480 01:56:44.079 --> 01:56:48.479 for ten and he cashes the check and then basically 2481 01:56:48.520 --> 01:56:52.760 he never shows up again. So Brad Brad O'Brien, attorney, 2482 01:56:53.239 --> 01:56:56.920 real estate attorney, at that point when he cashes at 2483 01:56:56.960 --> 01:57:00.520 ten thousand dollars, explain the trust fund. 2484 01:57:00.760 --> 01:57:03.680 Well, there is the trust fund Statute in Colorado which 2485 01:57:03.720 --> 01:57:06.479 is under the Mechanics Lean Statutes. That says, basically, if 2486 01:57:06.680 --> 01:57:10.119 if a property owner pays some money to the general 2487 01:57:10.159 --> 01:57:14.359 contractor for further payment to the sub the subs and 2488 01:57:14.359 --> 01:57:17.720 suppliers of the general contractor, then that general contractor holds 2489 01:57:17.720 --> 01:57:18.920 those funds in trust. 2490 01:57:18.920 --> 01:57:21.680 YEP, meaning it's only for that job. 2491 01:57:21.960 --> 01:57:24.039 Yeah, and right, no commingling allowed. 2492 01:57:24.359 --> 01:57:27.439 A general can't contractor cannot take funds from one project 2493 01:57:27.520 --> 01:57:28.920 and allocate to other projects. 2494 01:57:29.000 --> 01:57:33.199 So we always hear the scenario Rob Peter to pay Paul. 2495 01:57:33.600 --> 01:57:36.680 That's basically what this stops because a lot of contractors, 2496 01:57:36.680 --> 01:57:38.720 and it's true, a lot, I don't care what they do. 2497 01:57:39.680 --> 01:57:43.279 You know, they get that ten thousand dollars check and 2498 01:57:43.319 --> 01:57:46.000 they still got to finish another job somewhere and they 2499 01:57:46.000 --> 01:57:48.720 basically use that ten thousand dollars to finish that before 2500 01:57:48.760 --> 01:57:52.079 they start this job. It just happens all the time. Yes, 2501 01:57:52.359 --> 01:57:54.520 but technically they're not supposed to do it. But I 2502 01:57:54.560 --> 01:57:57.920 also don't want people to think like contractors have to 2503 01:57:57.960 --> 01:57:59.880 have fifty different bank accounts. 2504 01:58:00.039 --> 01:58:02.319 Doesn't work that way. So when you said you. 2505 01:58:02.279 --> 01:58:05.479 Don't co mingle funds, it's kind of strange because honestly, 2506 01:58:05.840 --> 01:58:07.880 all the funds can be in the same bank account, 2507 01:58:07.880 --> 01:58:10.039 but they got to be earmarked, right. 2508 01:58:10.479 --> 01:58:12.560 The funds can't be expended so that they're no longer 2509 01:58:12.560 --> 01:58:13.279 in the bank account. 2510 01:58:13.399 --> 01:58:16.199 Yeah, so that's a great way to look at it. 2511 01:58:16.359 --> 01:58:19.239 I mean, if somebody gives you one thousand dollars, earn 2512 01:58:19.279 --> 01:58:19.920 the other one. 2513 01:58:19.800 --> 01:58:21.239 Thousand bucks in there exactly. 2514 01:58:21.439 --> 01:58:23.680 And if they gave you ten thousand dollars and did 2515 01:58:23.720 --> 01:58:25.680 five thousand dollars worth of work, there needs to be 2516 01:58:25.720 --> 01:58:26.840 five thousand in that's right. 2517 01:58:27.039 --> 01:58:29.439 So what happens if that does happen? 2518 01:58:29.560 --> 01:58:31.840 Well, under this trust fund statute, it basically says that 2519 01:58:32.159 --> 01:58:36.960 if a general contractor violates it, then they're held responsible 2520 01:58:37.199 --> 01:58:40.880 as well under the civil theft statute in Colorado, which 2521 01:58:41.600 --> 01:58:46.560 is even worse because that makes the company and its 2522 01:58:46.680 --> 01:58:49.239 officers personally liable for those amounts. 2523 01:58:49.279 --> 01:58:52.319 So, therefore, if I wrote a check to ABC contractor 2524 01:58:52.520 --> 01:58:55.840 for ten thousand dollars in the scenario we're using, and 2525 01:58:56.439 --> 01:58:58.720 he never shows up, and. 2526 01:58:59.319 --> 01:59:00.880 What do you do? Then you call an attorney. 2527 01:59:00.920 --> 01:59:03.920 I mean that's basically the first place you'd start. I'm 2528 01:59:03.960 --> 01:59:06.359 saying real world because these are the calls we take 2529 01:59:06.439 --> 01:59:10.520 all the time. So real world. What does someone do 2530 01:59:10.720 --> 01:59:13.399 like that when they're sitting there? Well, you start off 2531 01:59:13.399 --> 01:59:14.920 with the demand letter to return the money. 2532 01:59:15.000 --> 01:59:17.359 Yeah, But I mean generally you're going to hire an attorney, right. 2533 01:59:17.319 --> 01:59:20.159 Do the work. Yeah, And if that doesn't work, then 2534 01:59:20.359 --> 01:59:21.560 you look to a lawsuit. 2535 01:59:21.760 --> 01:59:23.159 Yeah, you would look at a lawsuit. 2536 01:59:23.199 --> 01:59:25.560 And the cool part you just said, is how about 2537 01:59:25.600 --> 01:59:29.239 if how about if ABC Construction went out of business. 2538 01:59:29.520 --> 01:59:32.239 That's where you're saying the owners of it or whoever 2539 01:59:32.279 --> 01:59:35.960 this person was, could be held personally liable. Yeah, the officers, right, 2540 01:59:36.199 --> 01:59:38.359 any of them, if there was ten owners, all of 2541 01:59:38.399 --> 01:59:39.399 them possibly yep. 2542 01:59:39.600 --> 01:59:42.159 And the civil theest statute also provides for a troubling 2543 01:59:42.239 --> 01:59:44.319 and if it's really egregious. 2544 01:59:43.920 --> 01:59:46.439 Trouble damages. But here's the problem, you know the problem 2545 01:59:46.479 --> 01:59:47.119 with this law. 2546 01:59:48.840 --> 01:59:49.439 Think about it. 2547 01:59:49.439 --> 01:59:52.920 What's the problem Generally when you're up against this what happens. 2548 01:59:53.279 --> 01:59:54.680 Well, you get a judgment. 2549 01:59:55.680 --> 01:59:57.479 If there's no money to pay the judgment, then the 2550 01:59:57.640 --> 01:59:58.920 defense is judgment proof. 2551 01:59:59.039 --> 01:59:59.239 Yeah. 2552 01:59:59.279 --> 02:00:01.560 So what I think think that law should do, and 2553 02:00:02.239 --> 02:00:04.239 I'm curious if you agree or disagree. 2554 02:00:04.479 --> 02:00:06.439 I think there should be jail time associated. 2555 02:00:06.479 --> 02:00:08.039 Well, that would be a criminal theft. This is a 2556 02:00:08.039 --> 02:00:08.960 civil theF I. 2557 02:00:08.880 --> 02:00:11.199 Know that, But I mean, there's no These guys go 2558 02:00:11.279 --> 02:00:14.960 out of business left and right. These contractors take money, 2559 02:00:15.159 --> 02:00:18.000 You go after them, you get the judgment, and there's 2560 02:00:18.039 --> 02:00:18.640 nothing else. 2561 02:00:18.720 --> 02:00:19.079 That's it. 2562 02:00:19.119 --> 02:00:21.439 They go bankrupt and they move to They moved to 2563 02:00:21.479 --> 02:00:23.520 New Mexico and do the same damn thing again. 2564 02:00:24.479 --> 02:00:25.600 It drives me insane. 2565 02:00:25.920 --> 02:00:28.439 So but if you had a criminal and I don't 2566 02:00:28.439 --> 02:00:30.960 think there might be a small part of the criminal 2567 02:00:31.439 --> 02:00:33.600 part in there, but I think it's like a misdemeanor. 2568 02:00:33.640 --> 02:00:35.319 I'm not even sure if you would do jail time. 2569 02:00:35.359 --> 02:00:36.439 Do you know off top of your head. 2570 02:00:36.520 --> 02:00:37.640 I don't practice criminal law. 2571 02:00:37.960 --> 02:00:40.359 Yeah, so I don't know. 2572 02:00:40.399 --> 02:00:43.359 But if they have assets, absolutely, I mean then you 2573 02:00:43.399 --> 02:00:44.319 could go after them. 2574 02:00:44.640 --> 02:00:45.279 What other. 2575 02:00:46.640 --> 02:00:49.239 I'll go to Donna in a second. What what other 2576 02:00:49.359 --> 02:00:54.319 things When it comes to the Trust Fund Statute, Well. 2577 02:00:54.159 --> 02:00:56.600 It also has an attorney feed provision, so you can 2578 02:00:56.640 --> 02:00:57.159 get that back. 2579 02:00:57.279 --> 02:00:57.479 Yeah. 2580 02:00:57.520 --> 02:01:00.399 If a lot of contracts don't have an attorney prevailing 2581 02:01:00.399 --> 02:01:03.079 party attorney feed provisions, so you could see somebody win 2582 02:01:03.479 --> 02:01:05.039 but not get your attorney fees reimbursed. 2583 02:01:05.079 --> 02:01:06.319 He might break even for example. 2584 02:01:06.399 --> 02:01:06.600 Yeah. 2585 02:01:06.640 --> 02:01:08.199 Yeah, but if you have a claim under the Trust 2586 02:01:08.239 --> 02:01:13.199 Fund Statute, it has its own attorney feed provision for 2587 02:01:13.319 --> 02:01:16.720 the party, for the the party that brought the claim 2588 02:01:16.840 --> 02:01:17.640 and wins. 2589 02:01:17.840 --> 02:01:20.359 So even though there's no criminal on what we're talking about, 2590 02:01:20.399 --> 02:01:24.520 but it is interesting because trouble damages and attorney's fees 2591 02:01:24.560 --> 02:01:26.680 that could be big if there was assets on the 2592 02:01:26.720 --> 02:01:29.680 other side. If it's a decent sized company, or if 2593 02:01:29.720 --> 02:01:31.399 the officers literally had money. 2594 02:01:31.600 --> 02:01:33.000 I mean, you could recover a lot. 2595 02:01:33.079 --> 02:01:37.159 In the scenario we use, you could get thirty thousand 2596 02:01:37.239 --> 02:01:39.840 dollars and whatever you pay for the attorney. That's a 2597 02:01:39.880 --> 02:01:43.159 possible outcome. Yeah, I mean that's pretty that. That does 2598 02:01:43.159 --> 02:01:46.319 have some teeth. It's very similar to like bad checks 2599 02:01:46.319 --> 02:01:49.720 in Colorado. You get to treble damages and other stuff 2600 02:01:49.760 --> 02:01:54.439 like that. So that that is kind of cool. How 2601 02:01:54.439 --> 02:01:55.159 do I put this? 2602 02:01:55.880 --> 02:01:55.960 What? 2603 02:01:57.720 --> 02:02:00.640 I want to revisit this? If it was up to you, 2604 02:02:00.680 --> 02:02:02.600 I know you're not a criminal attorney, I get that, 2605 02:02:02.960 --> 02:02:04.640 but if it was up to you, actually you just 2606 02:02:04.680 --> 02:02:07.079 simply I don't think you care because you work both sides, 2607 02:02:07.079 --> 02:02:09.319 which is cool. I mean that's what attorneys do. But 2608 02:02:09.479 --> 02:02:12.600 do you think there should be jail time for breaking 2609 02:02:13.600 --> 02:02:15.800 those kind of statutes. 2610 02:02:16.359 --> 02:02:18.359 Someone feels strongly that they want to get the person 2611 02:02:18.359 --> 02:02:21.760 in trouble criminally, yeah, and they're free to contact the 2612 02:02:21.800 --> 02:02:25.319 district attorney and make a claim, you know, a criminal 2613 02:02:25.359 --> 02:02:28.600 reporting yeah, a theft? Yeah, all right, I don't get 2614 02:02:28.640 --> 02:02:29.119 involved in that. 2615 02:02:29.359 --> 02:02:32.239 Kelly. What's your comment on contractors? 2616 02:02:32.800 --> 02:02:35.479 Hey, you guys, I just make a comment. 2617 02:02:35.560 --> 02:02:36.119 Yeah, go ahead. 2618 02:02:36.279 --> 02:02:41.000 A real general, a real general contractor that is upright, 2619 02:02:41.359 --> 02:02:45.840 and a real general contractor that is upright doesn't take 2620 02:02:46.159 --> 02:02:50.760 money up front. They financed the entire job mostly yeah, 2621 02:02:50.960 --> 02:02:52.600 send you No not. 2622 02:02:52.560 --> 02:02:57.680 Mostly well no, wait wait Kelly, Kelly, No. 2623 02:02:57.600 --> 02:02:59.720 There is no that's what That's what people are getting screwed. 2624 02:03:00.439 --> 02:03:03.119 I'm not talking just roof in a house or something, Kelly. 2625 02:03:03.159 --> 02:03:05.039 Having a plumber come over and run you a drain, 2626 02:03:05.239 --> 02:03:06.159 Kelly and stuff? 2627 02:03:06.279 --> 02:03:09.119 Kelly, Can I talk for a second. How about if 2628 02:03:09.479 --> 02:03:10.119 how about if. 2629 02:03:09.960 --> 02:03:12.159 I have a custom house and I want to get 2630 02:03:12.239 --> 02:03:14.680 new windows for it, and I have K and H 2631 02:03:14.840 --> 02:03:17.880 or Garvinus or someone come out and they're going to measure, 2632 02:03:17.880 --> 02:03:20.880 and they're going to order from a factory custom windows. 2633 02:03:21.079 --> 02:03:23.840 You don't think you're gonna you shouldn't put a deposit down, 2634 02:03:24.039 --> 02:03:27.760 Absolutely you should. Those windows can't be used anywhere else. 2635 02:03:28.760 --> 02:03:28.840 No. 2636 02:03:29.159 --> 02:03:32.960 I work on Mark. We work on eighteen million dollar houses, 2637 02:03:33.039 --> 02:03:34.199 forty forty. 2638 02:03:33.840 --> 02:03:35.520 Million dollar housw do you do on them. 2639 02:03:35.439 --> 02:03:36.399 Our custom houses? 2640 02:03:36.520 --> 02:03:40.239 I'm on a fire sprinker company, okay, okay, And I 2641 02:03:40.359 --> 02:03:44.520 have never been paid up front ever, one can I 2642 02:03:44.880 --> 02:03:45.520 for anything? 2643 02:03:45.560 --> 02:03:45.800 Kelly? 2644 02:03:46.279 --> 02:03:49.560 I agree with you ninety five percent of the time. 2645 02:03:49.600 --> 02:03:51.560 If you listen to the show. I'm the one always 2646 02:03:51.600 --> 02:03:54.680 touting that. But there is some special order stuff. I 2647 02:03:54.720 --> 02:03:58.880 simply disagree with you. You know we can we can disagree. 2648 02:04:00.039 --> 02:04:03.359 But general contractor, if you have a custom house, when 2649 02:04:03.399 --> 02:04:06.680 you're ordering sixty five different windows at each of them, 2650 02:04:06.880 --> 02:04:09.600 the cost on them is over three and four grand. 2651 02:04:09.760 --> 02:04:13.039 Go with a sure thing Denver's Best roofer Excel Roofing 2652 02:04:13.119 --> 02:04:13.720 dot com. 2653 02:04:13.760 --> 02:04:15.800 You don't pay a cent until you're content. 2654 02:04:19.159 --> 02:04:22.359 Time for an insurance check up free no obligation comparison 2655 02:04:22.479 --> 02:04:26.039 call Compass Insurance paying too much your coverage at dozens 2656 02:04:26.039 --> 02:04:28.760 of insurance companies find out now three oh three seven 2657 02:04:28.880 --> 02:04:31.680 seven to one help. You'll think you're his only customer 2658 02:04:31.720 --> 02:04:33.960 when you choose Frank durand the real estate Man dot 2659 02:04:34.000 --> 02:04:37.359 com to list your home with Remax Alliance three oh 2660 02:04:37.359 --> 02:04:39.319 three nine two zero sixteen twenty two. 2661 02:04:41.000 --> 02:04:44.159 All right, three oh three seven one three eight two 2662 02:04:44.239 --> 02:04:51.319 five five three zero three Martino. Now, mister Dimitri, you've 2663 02:04:51.319 --> 02:04:52.600 got some questions for Brad. 2664 02:04:52.600 --> 02:04:53.079 What do you got? 2665 02:04:53.079 --> 02:04:55.359 I love educating people, honestly, God, And by the way, 2666 02:04:56.000 --> 02:04:58.479 I'm gonna turn over you in a second. But olslaw 2667 02:04:58.520 --> 02:05:01.479 dot com. If you're a landlord out there, really, if 2668 02:05:01.520 --> 02:05:03.960 you haven't updated your lease, call Brad. If you're looking 2669 02:05:04.039 --> 02:05:06.039 at buying a house, I don't care if it's a 2670 02:05:06.039 --> 02:05:08.800 brand new house like we talked about new construction, I 2671 02:05:08.920 --> 02:05:12.119 just don't care. And if you're buying a house with 2672 02:05:12.159 --> 02:05:16.199 somebody other than your spouse, my goodness, called Brad. That's 2673 02:05:16.239 --> 02:05:18.720 a big one, because that can create more issues than 2674 02:05:18.760 --> 02:05:21.359 you've ever seen. If your kids going off to college, 2675 02:05:21.359 --> 02:05:24.000 here's one that has hit me. If your kid's going 2676 02:05:24.039 --> 02:05:26.960 off to college and is looking at moving into a 2677 02:05:27.119 --> 02:05:31.479 house with other roommates, my goodness, have Brad look over it. Brad, 2678 02:05:31.840 --> 02:05:34.680 I'm sure you know this, but in most of these settings, 2679 02:05:34.680 --> 02:05:37.479 I'm not talking a dorm room. I'm talking these rentals 2680 02:05:37.520 --> 02:05:42.279 around campuses. You're responsible for everything. Everybody on the lease 2681 02:05:42.399 --> 02:05:46.359 is responsible for everything. So if everybody else ditches, they 2682 02:05:46.399 --> 02:05:48.840 can come after you. If you're the parent, they can 2683 02:05:48.840 --> 02:05:51.279 come after you if you co signed on it. But 2684 02:05:51.319 --> 02:05:52.880 go ahead, sir, Brad. 2685 02:05:52.960 --> 02:05:55.399 Let's talk about bad neighbors for a moment and what 2686 02:05:55.720 --> 02:05:59.239 and what relief one can find in civil courts. So 2687 02:06:00.119 --> 02:06:04.720 all seen all of these stories about a typical, you know, 2688 02:06:05.119 --> 02:06:08.079 hoarder situation where they fill their house in the yard 2689 02:06:08.159 --> 02:06:11.239 with all kinds of junk. Those homes inevitably burned down 2690 02:06:11.279 --> 02:06:12.800 and sometimes they explode. 2691 02:06:13.039 --> 02:06:14.319 What are you saying an iceore? 2692 02:06:14.960 --> 02:06:17.520 Not just an iceore, but a safety problem. How many 2693 02:06:17.520 --> 02:06:20.479 times have we heard of hoarders homes blowing up? 2694 02:06:20.680 --> 02:06:21.960 What's the question to him? 2695 02:06:22.439 --> 02:06:25.000 What can the neighbors do? If anything? 2696 02:06:25.399 --> 02:06:29.319 Well, the most expedient thing is to call the local 2697 02:06:29.359 --> 02:06:32.359 city or county building department because that's probably a building 2698 02:06:32.359 --> 02:06:33.600 code violation Arizona. 2699 02:06:33.680 --> 02:06:34.720 Yeah, yeah, and. 2700 02:06:34.720 --> 02:06:38.239 Get them, get the city or county working against the 2701 02:06:38.279 --> 02:06:41.359 neighbor's who's got a bunch of stuff. But if you 2702 02:06:41.399 --> 02:06:45.479 have to sue the homeowner directly for some nuisance situation, 2703 02:06:45.680 --> 02:06:48.439 that's a nuisance lawsuit that takes a whole lot longer 2704 02:06:48.479 --> 02:06:49.840 to resolve. 2705 02:06:50.600 --> 02:06:53.560 And what is a nuisance lawsuit? I mean, it doesn't 2706 02:06:53.560 --> 02:06:56.199 sound like there's a simple and cheap solution to this. 2707 02:06:56.279 --> 02:06:58.239 This sounds like a difficult I mean, I can't even 2708 02:06:58.279 --> 02:07:01.479 wrap my mind around what a nuisance lawsuit looks like. 2709 02:07:02.359 --> 02:07:04.000 What the relief basket. 2710 02:07:03.920 --> 02:07:07.000 In case, there's a threshold to bring a nuisance lawsuit 2711 02:07:07.079 --> 02:07:09.119 because the courts and the law presumed that people have 2712 02:07:09.159 --> 02:07:13.439 thick skins, so garden variety disputes between neighbors, like shouting 2713 02:07:13.479 --> 02:07:16.680 and name calling. There's really no remedy in court. Courts 2714 02:07:16.760 --> 02:07:19.720 really are not set up to do to handle this 2715 02:07:19.880 --> 02:07:22.760 kind of situations, because if they were, courts would be 2716 02:07:22.800 --> 02:07:26.199 overfull with lawsuits about people yelling at each other and 2717 02:07:26.239 --> 02:07:27.039 calling each other names. 2718 02:07:27.399 --> 02:07:29.960 On that topic, Suzanne, do you remember the light, the 2719 02:07:30.000 --> 02:07:33.840 guy with the bright light? So listen to this Tomitri 2720 02:07:33.920 --> 02:07:37.039 a little before your time, he had I think it 2721 02:07:37.119 --> 02:07:38.880 was a newer house he just built, and he put 2722 02:07:38.960 --> 02:07:43.439 up these beautiful they like street lights, but they were. 2723 02:07:43.279 --> 02:07:46.359 In his driveway. But when they were turned on, they were. 2724 02:07:46.279 --> 02:07:50.880 So bright the neighbors were going ape, you know what 2725 02:07:50.920 --> 02:07:54.640 I'm saying. So, but the curious part is he actually 2726 02:07:54.720 --> 02:07:58.560 had a company come out and measure the light. The 2727 02:07:58.640 --> 02:08:02.439 light was too bright for the zoning. Well well, but 2728 02:08:02.760 --> 02:08:05.680 hold on, it really was. It wasn't supposed to be 2729 02:08:05.680 --> 02:08:08.680 as bright as it was according to the municipality. 2730 02:08:08.720 --> 02:08:09.600 I think it was indepth. 2731 02:08:09.720 --> 02:08:14.199 But very few municipalities have actual objective numbers for lumens 2732 02:08:14.600 --> 02:08:17.960 or or if it's a sound violation for decibels. Yeah, 2733 02:08:18.000 --> 02:08:20.600 and so if there is something like that, great you 2734 02:08:20.600 --> 02:08:23.439 can say oh this, this municipality has this decibel limit and. 2735 02:08:23.439 --> 02:08:25.640 They did Okay, but they wouldn't do anything. But that's 2736 02:08:25.680 --> 02:08:29.640 really I know, so do a damn thing, right. Noosan's 2737 02:08:29.680 --> 02:08:33.359 cases are the strongest when there's some physical manifestation of 2738 02:08:33.600 --> 02:08:35.159 something off site coming on site. 2739 02:08:35.279 --> 02:08:35.600 Got it. 2740 02:08:35.680 --> 02:08:37.680 So if there's like a factory. 2741 02:08:37.279 --> 02:08:39.920 That's blowing smoke and the smoke lands on your property, Okay, 2742 02:08:39.920 --> 02:08:42.960 then that's a stronger lawsuit than if it's some off 2743 02:08:42.960 --> 02:08:43.560 site noise. 2744 02:08:43.640 --> 02:08:44.239 Yeah, I got it. 2745 02:08:44.600 --> 02:08:46.800 No, that makes sense, and then that's a big one 2746 02:08:46.840 --> 02:08:48.840 in apartments of course, here all the time, you know, 2747 02:08:48.880 --> 02:08:50.399 the person above me's making noise. 2748 02:08:50.439 --> 02:08:51.199 Go ahead, Dmitri. 2749 02:08:51.600 --> 02:08:51.920 Yeah. No. 2750 02:08:52.079 --> 02:08:55.640 In the example, the theoretical example that I cited, you 2751 02:08:55.640 --> 02:08:59.319 know this, the nuisance that that I told you about 2752 02:08:59.359 --> 02:09:01.479 also has a direct impact on the value of the 2753 02:09:01.479 --> 02:09:02.560 neighbor's properties. 2754 02:09:02.600 --> 02:09:03.960 I mean, it's much more. 2755 02:09:03.760 --> 02:09:06.439 Difficult to sell a house or big to do when 2756 02:09:06.520 --> 02:09:09.199 the potential buyers come over and witness this mess. 2757 02:09:09.840 --> 02:09:12.399 So is that part of the damages that I can see? 2758 02:09:12.479 --> 02:09:15.600 Concord, Well, you don't get to the damages question, like 2759 02:09:15.640 --> 02:09:18.159 how much you owe somebody for something you did, until 2760 02:09:18.800 --> 02:09:21.239 you've gotten past the causation and you're shown that you 2761 02:09:21.279 --> 02:09:26.000 have a claim that's recognized under law. So somebody calls 2762 02:09:26.039 --> 02:09:27.880 you a name, your neighbor calls you a name. 2763 02:09:28.319 --> 02:09:30.920 And that's not part of my example. 2764 02:09:31.039 --> 02:09:33.760 I want you think exactly about, well, the hoarder situation 2765 02:09:34.039 --> 02:09:36.680 you're saying full of garbage. 2766 02:09:36.840 --> 02:09:38.920 Hold on, So we're in a we're in a neighborhood 2767 02:09:38.960 --> 02:09:41.439 with no ho aa and the guy next to me 2768 02:09:41.920 --> 02:09:44.840 has a house and he's got old couches in the 2769 02:09:44.840 --> 02:09:47.960 front yard and a refrigerator. You know, we're talking the 2770 02:09:48.000 --> 02:09:51.800 craziest looking hillbilly house ever and that and he's not 2771 02:09:51.800 --> 02:09:55.359 supposed to. He's simply not supposed to. Is that kind 2772 02:09:55.399 --> 02:09:56.079 of where you're going? 2773 02:09:56.560 --> 02:09:57.840 And let's make it even worse. 2774 02:09:58.000 --> 02:10:01.600 Loud music at all hours of the nine, the motorcycles revving, 2775 02:10:01.680 --> 02:10:04.279 and gunshots once in a while, you name it. And 2776 02:10:04.439 --> 02:10:06.239 I can't sell my house because of that. 2777 02:10:06.319 --> 02:10:08.720 Wait, here's a real world case, Brad, and let's let 2778 02:10:08.720 --> 02:10:10.600 me use this as an example. I got to take 2779 02:10:10.600 --> 02:10:13.159 the break. But this is real world. This happened. Not 2780 02:10:13.199 --> 02:10:15.039 only did they call into this show, it was on 2781 02:10:15.079 --> 02:10:18.000 Fox thirty one. They were selling their house in a 2782 02:10:18.039 --> 02:10:20.720 cul de sac. The guy on the other end of 2783 02:10:20.720 --> 02:10:23.840 the cul de sac had a banner on the side 2784 02:10:23.880 --> 02:10:26.319 of his house. On the side of his house that 2785 02:10:26.520 --> 02:10:30.319 was massive, and the banner said something like I party 2786 02:10:30.319 --> 02:10:33.800 and I'm paraphrasing I party all night, play loud music, 2787 02:10:33.800 --> 02:10:37.239 and I have pit bulls. It was the craziest thing ever. 2788 02:10:37.560 --> 02:10:40.399 And they were having trouble selling their house because as 2789 02:10:40.399 --> 02:10:42.319 soon as someone would come in and look at it, 2790 02:10:42.479 --> 02:10:44.560 and in this case, there was no HOA. 2791 02:10:44.680 --> 02:10:45.640 Is that a good example. 2792 02:10:45.760 --> 02:10:47.720 That's perfect example of what I'm asking. 2793 02:10:47.800 --> 02:10:49.159 We'll talk about it right after this