Speaker 1: Ripped up.
Speaker 2: News need advice, so you don't have the.
Speaker 1: Come running just as fast as the can show.
Speaker 2: Shooter's gonna help coming. Man, this is.
Speaker 3: The Troubleshooter Show. No Tom Martine, Hello Tom Martino here,
Speaker 3: Welcome to the show. Three oh three seven one three
Speaker 3: talk three oh three seven one three eight two five five.
Speaker 3: I hope you're all having a wonderful day, and I
Speaker 3: can see all of you there in the studio of
Speaker 3: your streaming. I have the studio up, and we have
Speaker 3: Mark and Susan. We have Deputy Doc and bo. I thought, uh,
Speaker 3: I wasn't sure they were gonna be there today, but okay,
Speaker 3: I got Deputy D here, so we're ready to go.
Speaker 3: We got the full compliment, well not full compliment, but
Speaker 3: we have everyone standing by ready to take cases before
Speaker 3: we go anywhere. Let me ask basically, does anyone have
Speaker 3: any follow ups to talk about? And he follow ups
Speaker 3: at all? D. Yeah. Tom.
Speaker 4: You may recall that for the past two days we've
Speaker 4: been working on this matter with Chelsea and Nichols Automotive. Yeah,
Speaker 4: and you know you you had a lot to say
Speaker 4: about the warranty company on Friday, but it feels like
Speaker 4: we ran out of time during the show time to really.
Speaker 3: Wrap this up. Plus I was steamrolling you guys.
Speaker 4: Oh yeah, okay, it was toind of fun, and so
Speaker 4: it would be great to kind of bring this to
Speaker 4: a conclusion.
Speaker 3: What is your position on, Hey, who should pay?
Speaker 1: What?
Speaker 3: I think the guys, I think that the warranty that
Speaker 3: if she mentioned the warranty and he said, I'll take
Speaker 3: care of it her something.
Speaker 5: I mean, I don't think he did this.
Speaker 3: I think she was in a hurry to get her car,
Speaker 3: and I think he wanted to get it fixed. I
Speaker 3: think did he call the warranty company? I don't think. Yeah,
Speaker 3: not lined. I think he called them. I don't know
Speaker 3: what was said. Here's the point. I don't know what
Speaker 3: was said, and they won't let us hear the conversation.
Speaker 3: But the point of trying to make is I don't
Speaker 3: think he should eat six grand because he did the
Speaker 3: repair without their authorization number or whatever the hell that
Speaker 3: they need, and he doesn't know the he doesn't know
Speaker 3: the workings of that particular warranty company. Warranty companies have
Speaker 3: a certain procedure. But should he be held responsible for
Speaker 3: making sure he had that done properly? And should he
Speaker 3: if he didn't, like, if you took your car in somewhere,
Speaker 3: if you specified on the work order, I want my warranty.
Speaker 3: I need to get my warranty to cover this. I
Speaker 3: can't afford it, or whatever, or anything about a warranty.
Speaker 3: It was never mentioned on the work order. Not only
Speaker 3: that she signed the work order, he authorizing the admitted
Speaker 3: he called the company. Yeah he did. When But when
Speaker 3: he said he called the company, he said they told
Speaker 3: him to just document everything as he goes.
Speaker 6: So.
Speaker 3: But here's the point, and I think Kevin made a
Speaker 3: really good point. Mark he doesn't think they would have
Speaker 3: covered it anyway. I do because he's done enough work
Speaker 3: with warranty companies in general. Here we'll think about this.
Speaker 5: This is a car had.
Speaker 7: Undred car warranty that's only four thousand miles.
Speaker 3: It's literally made for things just like this.
Speaker 7: It's not your typical three year, thirty six thousand miles.
Speaker 7: This is something they can offer with a used car
Speaker 7: sale that only lasts four thousand miles.
Speaker 3: But what Kevin said was they usually will not fix
Speaker 3: anything pre existing. And he said it happened in one
Speaker 3: hundred and sixty miles, and most likely that would be
Speaker 3: something that was wrong before.
Speaker 7: He can't even go back and bitch at the dealership
Speaker 7: at this point because this guy blew it.
Speaker 3: Dealing with the warranty company. Well, there's nothing a bitch
Speaker 3: at the warranty company about anyway. Not choose me or
Speaker 3: the dealer because she bought the car.
Speaker 7: They might they might have done something. For example, they
Speaker 7: sold a rewarrant. I don't know if it just comes
Speaker 7: with their car, if it was an additional price. I think, Dimitri,
Speaker 7: it was an additional price. She could go back and
Speaker 7: you sold me a car with a warranty, and this
Speaker 7: warranty is absolutely no good in the car's no good.
Speaker 3: She might have some leverage there. How much did she
Speaker 3: pay for that warranty? I think it was somewhere in
Speaker 3: the upper two hundreds.
Speaker 4: No, but we you know, I'm hesitant to say the
Speaker 4: warranty was worthless because the I don't doubt that many
Speaker 4: warranty companies are scummy, But this particular warranty company never
Speaker 4: got a chance to wheezel out of it because they
Speaker 4: set forth the conditions under which they would evaluate the claim,
Speaker 4: and those conditions weren't followed.
Speaker 3: Yeah, but he okay, of course they weren't followed. He
Speaker 3: didn't have the warranty in front of him.
Speaker 7: But fifty years in the business, like I told you,
Speaker 7: you could call any Firestone, Goodyear, Shared, an auto tech dealership.
Speaker 3: Everybody knows. You got to get how to work with these.
Speaker 3: Whether it's a roofer or it's a warranty company, they
Speaker 3: are not held responsible for the warranty not paying. You're
Speaker 3: still when you go to a doctor, if your health
Speaker 3: insurance doesn't pay, Tom.
Speaker 7: You are I think you are getting I honestly think
Speaker 7: you miss it. When I gave this analogy, you hated it.
Speaker 7: But if I have hail damage and I go Higher
Speaker 7: Excel Roofing and they do my roof, and then I
Speaker 7: call up my insurance company when there's nothing for them
Speaker 7: to inspect or do anymore, and say write me a check.
Speaker 7: Whether I actually needed the roof or not, at that
Speaker 7: point doesn't matter. My insurance company is not going to
Speaker 7: do anything. And Mark, you can't see that.
Speaker 3: It's a different analogy here that she she went and
Speaker 3: she signed the work, She gave them all the warrantine information.
Speaker 3: He agreed right on the you have the regard, how
Speaker 3: do you know? Because he said, do you know on
Speaker 3: the air. Do you want to hear it again? He
Speaker 3: didn't have the warranty in front of him. He didn't
Speaker 3: have the warranty in front of him. I agree he
Speaker 3: did not. He didn't have the warranty, he didn't have
Speaker 3: the terms and conditions in front of him.
Speaker 5: He's not supposed to listen.
Speaker 3: What I'm saying is if you hire Excel roof and
Speaker 3: come out and to your roof and they don't follow
Speaker 3: the terms of the insurance policy, and they don't have
Speaker 3: that insurance policy in front of him, they put a
Speaker 3: roof on your house, you think they should eat a roof.
Speaker 3: I don't think so at all. I bet I don't
Speaker 3: think this.
Speaker 7: If Excel came out and said, I'm going to work,
Speaker 7: and you sign a contract saying it's going to be
Speaker 7: the proceeds of the insurance company, just like they always.
Speaker 3: They never sign a contract like that. They never sign
Speaker 3: a contract like that and the proceeds of the insurance.
Speaker 3: But you're right, if somebody did sign this, I will
Speaker 3: know if someone signed something saying I would take the
Speaker 3: proceeds of the insurance. If someone signed that, then you're
Speaker 3: absolutely right. And if they didn't get the proceeds, then
Speaker 3: screw them. But this guy never signed anything saying I
Speaker 3: will take the proceeds of your warranty company. Nohow me
Speaker 3: where he signed that. He didn't sign it. What he
Speaker 3: did do is tell her it got approved by the
Speaker 3: damn warranty company, and it didn't.
Speaker 5: He never told her that they played so.
Speaker 7: Basically was saying his quarranty company approved it. You guys
Speaker 7: did the work, but then at the end they decided
Speaker 7: they were going to pay it because you guys couldn't
Speaker 7: provide stuff then. And he's sticking by that and even
Speaker 7: her if you had to.
Speaker 6: That's exactly correct.
Speaker 1: Mark.
Speaker 3: By the way, this is a recording, and he's not
Speaker 3: disputing he said this.
Speaker 5: He is not disputing it.
Speaker 3: He said he called the warranty company and they approved
Speaker 3: it as long as he could document it. They told
Speaker 3: him to tear it down and document it. That is
Speaker 3: what he is telling.
Speaker 7: Then we go on to ask him, did you get
Speaker 7: did you get the approval number?
Speaker 5: No, well then you did. He didn't get a number.
Speaker 3: He's mark. He said he got approval. Now when the
Speaker 3: company says, by the way, go ahead and tear it
Speaker 3: down and document it. We'll take care of it, and
Speaker 3: he goes ahead and does that. Who told him he's
Speaker 3: supposed to get a number?
Speaker 7: Well, nobody, because they didn't say that I guarantee the warranty.
Speaker 7: No want you get a copy of that recording, since
Speaker 7: you like the warranty company so much and you believe
Speaker 7: them over a fifty year mechanic or a business campaign, if.
Speaker 3: You bought him, If you brought in your BMW and
Speaker 3: you spent like seven grand on an aftermarket or extended
Speaker 3: warranty and they didn't get a damn approval number, you
Speaker 3: would be off your rocker. First of all, you keep
Speaker 3: talking about an approval number. You make a sound as
Speaker 3: if this guy had all of the rules and conditions
Speaker 3: of this quarranty in front of him. This there is
Speaker 3: nobody doesn't matter, Mark. Every warranty company is different. Every
Speaker 3: warranty company is isn't I can't believe you're saying this,
Speaker 3: that a warranty that a mechanic is supposed to know
Speaker 3: that he has to get a confirmation number. You name one,
Speaker 3: I'll call somebody up.
Speaker 7: I don't care who it is, good Year, Firestone Sears,
Speaker 7: if they still have an automotive. Anybody that could ever
Speaker 7: possibly deal with a warranty, knows how to deal with
Speaker 7: these people.
Speaker 3: If if you have a if you have a customer
Speaker 3: who's breathing down your neck and says, I need to
Speaker 3: get this fixed as soon as possible. And even if
Speaker 3: she said, even though it's not in writing anywhere, I
Speaker 3: have a warranty, here's the warranty. And he calls them
Speaker 3: and they say, tear it down. We're not going to
Speaker 3: pay for the teardown, but if you document it, we
Speaker 3: will pay for it. If it's the transmission, and if
Speaker 3: it's not pre existing, that's so if he goes there,
Speaker 3: one works.
Speaker 7: If you tear it down, then they send an adjuster
Speaker 7: out to inspect it. He completely bypassed it, and I
Speaker 7: personally think so.
Speaker 3: So he okay about it. So, ladies and gentlemen, he
Speaker 3: should eat six thousand dollars worth of work and she
Speaker 3: should get a free transmission because she got him. You
Speaker 3: know what, we're never going to agree on this, so
Speaker 3: let's just move.
Speaker 1: On, all right.
Speaker 3: I mean, there's really no reason to keep discussing it.
Speaker 3: I think that he's he should be paid something. I
Speaker 3: don't think the man should be punished for trying to
Speaker 3: get his customer of ten or twenty years down the road,
Speaker 3: and I don't think he intentionally did this to try
Speaker 3: to cheat her out of six grand. It's the that easy.
Speaker 3: I don't think so. And if I had to put
Speaker 3: my money somewhere, it would not be on a warranty company,
Speaker 3: because in my experience, warranty companies lie more than anyone there.
Speaker 3: That's my experience. So anyway, three oh three seven to
Speaker 3: one three, I mean, we're just not going to agree.
Speaker 3: It doesn't mean someone's right and someone's wrong. We have
Speaker 3: different opinions, and mine is that I think the warranty
Speaker 3: company is not telling us or showing us or letting
Speaker 3: us hear that phone call for a reason because they
Speaker 3: gave him the the the implied consent. Oh, go ahead
Speaker 3: and do it, And now they don't want to own
Speaker 3: up and they want to get out of it, just
Speaker 3: like ninety percent of all warranty companies you even ask
Speaker 3: Kevin Calkin, they're pains in the ass. And this one
Speaker 3: has one of the worst ratings in the business. But
Speaker 3: let's believe the warranty company all of a sudden, we
Speaker 3: love marketing companies. Here on the Troubleshooter share audio. If
Speaker 3: I get that audio and this guy's full of it, okay,
Speaker 3: forget about mistakes. If this guy what he's been telling
Speaker 3: you is incorrect and I get that audio, will you
Speaker 3: spend every living day bearing him until he gives a
Speaker 3: car back. I'm not gonna bury him. I'm going to
Speaker 3: make a deal so she can get a car back.
Speaker 3: She's still gonna owe something for the car. You somehow
Speaker 3: feel like she wasn't going to pay a dime for anything.
Speaker 3: And you're assuming that the warranty company would have paid
Speaker 3: one hundred percent for the repair. I'm still not there.
Speaker 1: Mark.
Speaker 3: You're saying, oh, yeah, they would have automatically paid, Because Mark,
Speaker 3: how many experiences do we have with warranty companies automatically
Speaker 3: paying one hundred percent of the repairs?
Speaker 5: How do you tell me?
Speaker 3: Mark? You tell me, because you've sat in this chair
Speaker 3: long enough, tell me how many warranty companies voluntarily on
Speaker 3: a used car warranty we'll replace the transmission one percent
Speaker 3: after they own the car for one hundred and sixty miles.
Speaker 5: How many?
Speaker 3: How many do you think we've had in our experience
Speaker 3: that voluntarily pays for every one thing. We're never going
Speaker 3: to agree on it.
Speaker 7: I think this guy screwed her, not on purpose by
Speaker 7: any means. I think he totally dropped the ball and
Speaker 7: now she's hung with with she bought a warranty that
Speaker 7: simply can't use.
Speaker 3: And you're assuming, but you're also assuming, Mark, I agree
Speaker 3: with you on this. You though they never got to
Speaker 3: look at you're assuming they would have paid one it. Well,
Speaker 3: I you're assuming paid. I think they would have paid
Speaker 3: up to whatever the policy was. What do we even
Speaker 3: know what that policy was? I think he's me I read,
Speaker 3: actually do we even know? If?
Speaker 4: It doesn't say anything about it has a deductive, It
Speaker 4: has a modest deductible, but it has a huge, very
Speaker 4: significant cap.
Speaker 3: On hourly rate.
Speaker 4: I believe they only allow seventy five dollars an hour
Speaker 4: with one hundred dollars deductible. That's that's what I saw.
Speaker 4: I mean, I do have a proposed resolution to this.
Speaker 3: And what if you bring it to a place that
Speaker 3: you know and trust and they don't want to work
Speaker 3: for that? What happens then you have to pay the
Speaker 3: re You pay the difference. That's like what Jeff and
Speaker 3: Kevin said. We got more coming up on the troubleshooter
Speaker 3: show mark. Please try to get Please try to get
Speaker 3: that recording, honest to goodness, tell them it'll only help them.
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Speaker 3: Hi Tom Martine, your troubleshooter three oh three seven one
Speaker 3: three talk three oh three seven one three eight two
Speaker 3: five five. All right, now Jay has a comment on
Speaker 3: this case, and again we're not going to be labor it,
Speaker 3: but hey, it's okay that people don't don't agree on everything.
Speaker 3: That's how actually things get done better is when we
Speaker 3: examine many many opinions. Agreed.
Speaker 5: Go ahead, Jay, go ahead, Jay.
Speaker 8: Hey Tom, First, I want to clarify something I'm unclear
Speaker 8: on when the mechanic called the warranty company. Did he
Speaker 8: get permission from them too, we don't know, down and
Speaker 8: inspect it, or did he get we don't know, permission
Speaker 8: to repair it, because.
Speaker 5: That would be a huge we don't know, we don't know.
Speaker 8: Take some both the small claims court, or at least
Speaker 8: one of them. She can compel evidence and then the
Speaker 8: truth kind of has to come out, or if she
Speaker 8: kind of wins.
Speaker 3: Yeah, I don't know, man, I don't know what was
Speaker 3: said on that phone call. He says he called and
Speaker 3: told him he has this client's car, blah blah blah,
Speaker 3: and they said, document everything, tear it down, and we'll
Speaker 3: take care of it. He now what, I don't know
Speaker 3: if they said that numbers nothing.
Speaker 8: So therefore, if she sues the warranty company on the
Speaker 8: mechanic's word, he has to help her make the case.
Speaker 8: If that's what he's claiming, he makes that case, they
Speaker 8: come back and say, never happened. Here's how we can
Speaker 8: go ahead.
Speaker 9: Day.
Speaker 3: What are you doing? Answer?
Speaker 5: Hold on, Jay, Jay.
Speaker 4: She doesn't have the option of suing them. I read
Speaker 4: the entire contract with a warranty company, and she agreed
Speaker 4: to arbitration for the warranty company with a warranty company.
Speaker 4: So she sues them, they'll just get it dismissed instantly,
Speaker 4: and arbitration is going to be prohibitably expensive.
Speaker 3: What is going on? Is she going to get her car?
Speaker 3: Have you talked to her today?
Speaker 1: No?
Speaker 10: Not yet.
Speaker 3: I just emailed both Nichols. You just thought it'd be
Speaker 3: a good idea of bringing up to piss me off. No,
Speaker 3: I just.
Speaker 4: It would be a good idea two of the three
Speaker 4: of us to agree on how to proceed.
Speaker 3: Anyway, So while you and Mark were arguing.
Speaker 4: I came up with a settlement offer, and I just
Speaker 4: emailed it to both of them.
Speaker 3: I want to know. I want to know what your
Speaker 3: offer was. What is it? Well, my view, did you
Speaker 3: eail By the way, did you email me.
Speaker 4: The I emailed both you and Mark not only the
Speaker 4: policy but the denial letter. I want to from the
Speaker 4: warranty company Mark to answer your question from the perspective
Speaker 4: of the fact that they both the consumer and Nichols
Speaker 4: both mismanaged this process as as you already As you
Speaker 4: already know, Nichols should have been better prepared to manage
Speaker 4: the warranty claim. However, Chelsea should have also managed the process.
Speaker 4: She should have had the warranty policy in front of Nichols.
Speaker 4: She should have demanded he gets an approval number and
Speaker 4: tells her what her out of pocket expense will meet
Speaker 4: before she approves the expense. However, she approved the repair
Speaker 4: before any of that was done. So I think they
Speaker 4: were both equally at fault.
Speaker 3: I don't see the warranty you sent me.
Speaker 4: I emailed it to you and Mark h Okay, and
Speaker 4: so my proposed resolution was, would Nichols be willing to
Speaker 4: settle for their actual out of pocket costs, their labor
Speaker 4: costs and their parts costs without profit because they are
Speaker 4: you know.
Speaker 3: Yeah, but I imagine a small shop that's going to
Speaker 3: be the whole price anyway.
Speaker 4: Well, no, there's costs, and there's profit right on top
Speaker 4: of costs, and that's what the consumer gets charged. But
Speaker 4: my point was they both they both messed up. They
Speaker 4: both mismanaged this process. So let's just get this lady's
Speaker 4: car back. And so I asked for that amount. I
Speaker 4: emailed them both simultaneously, and I said, Chelsea, if they
Speaker 4: respond positively, see what the amount is and let us
Speaker 4: both let us all know if this is acceptable to you.
Speaker 3: And then maybe payment.
Speaker 4: Yeah, yeah, let's see what the amount is. She may
Speaker 4: be abole to cover it right off the bat. If not,
Speaker 4: then it sounds.
Speaker 3: Like and they sold it with a transmission problem even
Speaker 3: though it was as is, maybe something should be I
Speaker 3: don't know, maybe something should be done. Is this two pages?
Speaker 5: Is the entire warranty? Two pages?
Speaker 3: No, you've got two files in there. I got I
Speaker 3: got this thing that the car's protection plus rejection letter, yep.
Speaker 3: And then I had the other one, which is okay,
Speaker 3: the whole warranty flex protect.
Speaker 5: That's it.
Speaker 3: Yeah, okay, yeah, it's more than two pages.
Speaker 5: Yeah, no, I got it now.
Speaker 4: Yeah, I read the entire thing, including the bold capital
Speaker 4: letters that says that if you do not get our
Speaker 4: approval prior to the repair, your claim will be denied
Speaker 4: in bold capital letters.
Speaker 3: Yeah. See, you guys are looking at the process. Yes,
Speaker 3: I'm looking at would it be covered anyway? So I'm
Speaker 3: going through the covering. It's so that's very clear. Yeah,
Speaker 3: well it's not very clear. Actually you're saying it's very clear.
Speaker 3: They would have replaced the transmission. It's clear what you're doing. Yeah,
Speaker 3: So I just want to see what they say about
Speaker 3: the replacement because they say schedule of coverage coverage under
Speaker 3: this agreement includes components listed in this section, and then
Speaker 3: they put transmission. It says manual transmission, then they say automatic.
Speaker 3: Which one is it? Automatic transmission? Automatic transmission? And the
Speaker 3: torque converter, bans, pump, pump housing, carrier assembly, planetary gears,
Speaker 3: blah blah blah blah Blahay. So the lubricated parts transmission
Speaker 3: transfer case only if damaged by a covered component internal
Speaker 3: to the transmission transfer housing, so it doesn't leave much
Speaker 3: for exceptions here. It doesn't now the somewhere by the way,
Speaker 3: because this sounds pretty clear. Irrelevant part.
Speaker 4: We don't even need to go to the exceptions because
Speaker 4: the relevant part is that it covers the valve body.
Speaker 4: And Kevin from Shared autottech to me that that mectronic
Speaker 4: component is also know that that Nichols replaced is also
Speaker 4: known as the valve body and that is covered on
Speaker 4: that Schedule one Automatic Transmission Repairs Components.
Speaker 3: Now, so it's talking all about and you seem to
Speaker 3: highlight this damci. But see he didn't have this in
Speaker 3: front of him. It would have been wonderful if you
Speaker 3: had it been It spells out every single step your
Speaker 3: repair facilities should do. Your repair facility should do this,
Speaker 3: Your repairs facilities should do that. Yes, okay, well okay, sir,
Speaker 3: you didn't do step number four A subsection B no time.
Speaker 3: It's not that silly.
Speaker 4: It's it's not that silly because after fifty years in business,
Speaker 4: as you said, he or any of them.
Speaker 3: How many warrant okay, how many warranties do you think
Speaker 3: they're all the same?
Speaker 1: Man?
Speaker 3: How many they're all the same. They're all exactly the same.
Speaker 3: Are requirement.
Speaker 4: I mean, could could share an autotech tell us about
Speaker 4: a warranty company they deal with that does not A
Speaker 4: require an approval and B doesn't.
Speaker 3: Have I never said a warranty company does not require approval.
Speaker 5: I never said that. Ever, what I said was this.
Speaker 3: She never, first of all, referenced to warranty once, not
Speaker 3: once in writing number two. If she referenced it verbally,
Speaker 3: can we say that she handed Is it reasonable for
Speaker 3: her to say I have a warranty and then expect him,
Speaker 3: with one phone call to discern each and every term
Speaker 3: in condition that warranty entails. Come on, bro, come on, yeah,
Speaker 3: that's reasonable. It's not reasonable one phone call and this
Speaker 3: mechanic should digest this entire thirteen page agreement.
Speaker 4: Come on, man, the law. Let's be honest about what
Speaker 4: the procedure is based on his experience.
Speaker 3: Now, I think what he was what he did do
Speaker 3: that was stupid is did the repair Because if he
Speaker 3: would have called them and said listen, or he should
Speaker 3: have called her and said I need to see this
Speaker 3: warranty because I don't want to be stuck with the bill,
Speaker 3: that's what he should have done. Agreed, absolutely should have
Speaker 3: done that. And I just don't know why he didn't.
Speaker 3: I think he didn't do it because he got the
Speaker 3: impression she wanted it repaired, no matter why. That's the
Speaker 3: feeling I got when I talked to him, not that
Speaker 3: he wanted to make a quick six grand from a
Speaker 3: fifteen year customer and just put the screws to her.
Speaker 3: He said she was desperate to get her car fixed,
Speaker 3: So I have a feeling he was he. I do
Speaker 3: think he rushed it, I really do, and I said
Speaker 3: this before. I think he screwed up the process. I
Speaker 3: don't think he was familiar with the process. I don't
Speaker 3: think it's reasonable for us to assume that every mechanic
Speaker 3: that we whisper a warranty to should know all thirteen pages.
Speaker 3: I don't think that's reasonable either.
Speaker 4: No, but it's reasonable for him to call and get
Speaker 4: the requirements to get the coverage.
Speaker 3: And where in the contract does it say that on
Speaker 3: that workloader showed me to me because we usually we
Speaker 3: usually go by riding. Missishimmer said that, but he should
Speaker 3: have should have put that in at least in the warranty,
Speaker 3: that this is a warranty repair or something. YEP, I agree,
Speaker 3: I agree. I'd like to know why she didn't. I
Speaker 3: really do. And as long as we're talking about this
Speaker 3: damn thing.
Speaker 1: I don't.
Speaker 7: I've never put that on any invoice from any of
Speaker 7: my good years ever. This you just deal with the
Speaker 7: warranty company. You call them up, you get the approval
Speaker 7: and that's it. They go over the exact pricing, they
Speaker 7: send out an adjuster if it's a certain amount, and
Speaker 7: it's the same with every one of them.
Speaker 3: Okay, so get the get the recording of the phone
Speaker 3: call that yeah.
Speaker 11: So so if I remember from this call last week,
Speaker 11: this Chelsea week, here, here's what.
Speaker 3: I'm going to do. It sounds like you're taking a
Speaker 3: breath and you're going to be filled with words, which
Speaker 3: I love.
Speaker 5: But let's do it after the break.
Speaker 3: I'm Tom Martino. Three oh three seven one three talk
Speaker 3: seven one three eight two five five go with a
Speaker 3: sure thing Denver's Best for excel roofing dot com. You
Speaker 3: don't pay a cent until you're content. Time for an
Speaker 3: insurance check up, free no obligation comparison call compass insurance
Speaker 3: paying too much your coverage at dozens of insurance companies
Speaker 3: find out now three oh three seven to seven to
Speaker 3: one help You'll think you're his only customer. When you
Speaker 3: choose Frank Durand the real Estate Man dot Com to
Speaker 3: list your home with Remax Alliance three all three nine
Speaker 3: two zero sixteen twenty two.
Speaker 1: That's not an easel.
Speaker 3: I annoy Hi Tom Archino here three oh three seven
Speaker 3: one three talk seven one three eight two five five Okay,
Speaker 3: Frank Arand the real estate Man. Free valuations of your home.
Speaker 3: It's really important now because prices are all over the place,
Speaker 3: and he'll give you an evaluation what your house will
Speaker 3: sell for for no charge, no obligation, never an obligation.
Speaker 3: He'll go through every single detail three all three nine
Speaker 3: two zero sixteen twenty two. It's a free complimentary charge. Really,
Speaker 3: no gimmick. Frank Duran the real estate Man dot Come, Arleen,
Speaker 3: what's going on with you? Earlene? Now? I remember you
Speaker 3: were working with Bo and he did such a wonderful job.
Speaker 3: This is a furnace no one would give the time
Speaker 3: at day two. They didn't. You know, most old furnaces
Speaker 3: now people don't want to fix, they don't want to
Speaker 3: get the parts, they don't want to do it. All
Speaker 3: they want to do is trash them and get you
Speaker 3: a new one. You couldn't afford it, or Len, you
Speaker 3: couldn't afford anything and anyway, but he worked really hard.
Speaker 12: I just want to call in and thank you. Thanks
Speaker 12: everybody so much, train and u JJ have that put
Speaker 12: that mogor in Mo did a wonderful job.
Speaker 3: Thank you.
Speaker 12: Tom did a wonderful job, especially him.
Speaker 3: I thank you.
Speaker 12: Yeah, I had. I was so cold that stuff. When
Speaker 12: I got my furnace, I couldn't believe how much warm
Speaker 12: up I became.
Speaker 5: Oh that is that's so nice.
Speaker 3: Yes, you know what, Deputy Bow, he did a great job.
Speaker 12: Yeah, you know.
Speaker 3: He had told us your story a few times each
Speaker 3: step of the way, like when they went out and
Speaker 3: looked at it, when they took out the part, when
Speaker 3: they went to train, when they got it donated, when
Speaker 3: they got somebody to put it in, bla, all of that.
Speaker 3: But we never heard from you directly until now, and
Speaker 3: we so appreciate it. Earlene.
Speaker 5: Did you are you staying warm now?
Speaker 12: Yes? I am one percent warm.
Speaker 3: How old are you right now?
Speaker 12: I'm sorry?
Speaker 5: What how old are you right now?
Speaker 13: Oh?
Speaker 12: Am eighty two?
Speaker 3: You're eighty two, two eighty two? You know what that
Speaker 3: You're lucky you called in because we don't help people
Speaker 3: over eighty two. We only help them up to age
Speaker 3: eighty two. So you got in just under the wire.
Speaker 12: Oh well, that's wonderful, that's wonderful.
Speaker 3: I'm just kidding her, ear Lene. I'm just getting we'll
Speaker 3: help anyone. But you know what, I'm glad that you're
Speaker 3: staying warm. Thank you for and your daughter, by the way,
Speaker 3: she works two days a week and tries to uh,
Speaker 3: she tries to work out, you know, work help you out.
Speaker 3: And then she's got You got two grandchildren. How are
Speaker 3: they doing? Are they just graduated? Are they going to college?
Speaker 12: If you.
Speaker 3: Can talk, I imagine they are. Anyway, So we're we're back. Okay,
Speaker 3: thank you, Earlene.
Speaker 11: I appreciate that boat. I'm glad everything's working well. And
Speaker 11: you've got basically have a new furnace with a new parts.
Speaker 3: No, no, I know that's what I you know, bo, bo,
Speaker 3: that's a really good thing you bring up. People don't
Speaker 3: do parts anymore. They do either remove and replace if
Speaker 3: it's big enough, or they just replace it. Now, before
Speaker 3: we went to break, you were going to say something
Speaker 3: about the warranty issue. Go ahead, first one, you give
Speaker 3: you my dinger.
Speaker 11: I don't know that's that's for the first I already
Speaker 11: got done for this one, but early. And I'm so
Speaker 11: happy for you, I know. So you got to have
Speaker 11: a suggestion for Dimitri. So Chelsea what she called last week,
Speaker 11: she went to another company and she got a diagnostic
Speaker 11: done with the photographs.
Speaker 3: And the data before before. But why can't we go
Speaker 3: to this other company.
Speaker 11: Have Chelsea go to this other company and get this
Speaker 11: data and photographs and submit it to the warranty company
Speaker 11: because they probably wouldn't mind where the data. I think
Speaker 11: that's the issue that the warranty company does not want
Speaker 11: to pay because they don't have this data and photographs.
Speaker 3: Yeah, they're not anybody. They're not going to care about
Speaker 3: any of that though. But another company did all the
Speaker 3: warranty company. They're simply Although we have in the past
Speaker 3: when people when procedures weren't followed properly, we have in
Speaker 3: the past, not necessarily auto repair companies, but we always
Speaker 3: pose the question, what if it really was needed and
Speaker 3: it was this, and it was that, and we can
Speaker 3: show that to you, would you make a different would
Speaker 3: you make an exception? I mean, we never really did
Speaker 3: that with a situation like.
Speaker 4: This, but Tom and bo In my view, warranty these
Speaker 4: warranty companies exist for two primary purposes. One is to
Speaker 4: collect premiums and the second is to deny claim.
Speaker 1: That's right.
Speaker 4: So even if we could make the case that they
Speaker 4: would have paid something for this repair, their case rests
Speaker 4: not on that but on the bald all capital printing
Speaker 4: that spells out the procedures that must be followed. Or
Speaker 4: and I'm quoting directly from the contract, your claim will
Speaker 4: be denied, and I just off.
Speaker 3: With the warranty company. They would have to she would
Speaker 3: have to basically, she'd basically have to have a lawsuit
Speaker 3: in order to get to that recording.
Speaker 7: They're simply not going to give that record. Boarding out period,
Speaker 7: end of story, you know.
Speaker 3: So that's that. Yeah, yeah, so okay, hey, we got
Speaker 3: two hours out of it. Now what we have here, Mark,
Speaker 3: is this, We have the mechanic, and then we have,
Speaker 3: in uh Mark's estimation, the warranty company. Heavenly, okay, let's
Speaker 3: move on. Three O three seven one three talk seven
Speaker 3: one three eight two five five. By the way, any
Speaker 3: warranty companies want to advertise, you got Mark right there
Speaker 3: willing to carry your water because you are holy well.
Speaker 7: First of all, I did the entire poll, and you know,
Speaker 7: out of a basically one hundred and.
Speaker 3: Oh yeah, like I really care, I really care about
Speaker 3: the morons. I really care. That really tells me to
Speaker 3: say it would never have happened that way. We had
Speaker 3: Jeff vic say it would have never have happened that way.
Speaker 3: They both think it was course of what fault. Yeah,
Speaker 3: so he should eat the entire repair. We've already established
Speaker 3: should should But yeah, at the point he's at, that's true,
Speaker 3: and that that we agree on. We absolutely agree. Cost
Speaker 3: your money? What'd you say, dragons? But I wouldn't cost
Speaker 3: your money. Yeah, hey, Kelly, if you could do me
Speaker 3: a favor, and uh and and look at your text.
Speaker 3: And I'm going to ask a pretty quick question here
Speaker 3: on something anyway. So three o three seven one three
Speaker 3: eight two five five one thing I do want to
Speaker 3: talk about. We got to take a quick break again.
Speaker 3: But and I'm just gonna say this, and I know
Speaker 3: I know there'd be people that won't agree. That was
Speaker 3: the best Academy Awards Oscar show I have ever seen,
Speaker 3: never watched it, the best I've ever seen, the best speeches,
Speaker 3: the best, the best awards, the best the best host
Speaker 3: Conan O'Brien, and his open was I'm telling you, I
Speaker 3: see Stephanie wanted to watch it, and I hate watching
Speaker 3: these things. First, I don't want to be preached to.
Speaker 3: I don't want to hear about all the problems and
Speaker 3: how everybody is damned and is because of Republicans. Okay,
Speaker 3: that's normally what an award show is. Not anything like it,
Speaker 3: Nothing like it, nothing, nothing, nothing political.
Speaker 5: But it was wonderful. I Conan O'Brien is a talented man.
Speaker 3: Well obviously he didn't write everything, but you guys ought
Speaker 3: to go back and catch some of it. See if
Speaker 3: anybody else did. What a wonderful show. I really and
Speaker 3: I hate those shows. We got more coming right up.
Speaker 3: Go with a sure thing Denver's best roofer Excel roofing
Speaker 3: dot com. You don't pay a cent until you're content.
Speaker 3: Time for an insurance check up free, no obligation. In comparison,
Speaker 3: call Compass insurance paying too much your coverage at dozens
Speaker 3: of insurance companies find out now three O three seven
Speaker 3: to seven to one help. You'll think you're his only
Speaker 3: customer when you choose Frank durand the Real Estate Man
Speaker 3: dot com to list your home with Remax Alliance three
Speaker 3: three nine two zero sixty twenty two. So we're talking
Speaker 3: about the Academy Awards a little bit.
Speaker 5: We don't have a lot of time to do that.
Speaker 3: But you know the winning movie six million dollars that
Speaker 3: took to make, and they didn't use the studio. And
Speaker 3: now one of the reasons, I think most fifteen million dollars,
Speaker 3: that's peanuts.
Speaker 5: Oh it's less than peanuts.
Speaker 3: In fact, I think one of the reasons is because
Speaker 3: they didn't have a marketing budget. But my god, it's
Speaker 3: amazing to me that. I mean, I not only didn't
Speaker 3: I ever hear the movie, I never heard of the director,
Speaker 3: the screenwriter, the actors anyone. Anyway, we have a lot
Speaker 3: more to talk about on The Troubleshooter Show three three
Speaker 3: seven one three Talks seven one three eight two five five.
Speaker 3: Will continue with any all problems, questions and complaints you have.
Speaker 3: And of course we'll never forget the all important surveys
Speaker 3: done on the YouTube poll because we know the morons
Speaker 3: know absolutely everything, So stay tuned for that. We are
Speaker 3: the consumer show coming up next. Go with a sure
Speaker 3: thing Denver's Best Roofer Excel roofing dot com. You don't
Speaker 3: pay a cent until you're content. Time for an insurance
Speaker 3: check up free, no obligation. In comparison, call Compass Insurance.
Speaker 3: Pay too much your coverage at dozens of insurance companies
Speaker 3: find out now three oh three seven seven to one help.
Speaker 3: You'll think you're his only customer when you choose Frank
Speaker 3: durand the real estate Man dot com to list your
Speaker 3: home with Remax Alliance three oh three nine two zero
Speaker 3: sixteen twenty two. Yeah, rit news you need so you
Speaker 3: don't have.
Speaker 1: Come run ins as as we can.
Speaker 2: Shooter's gonna help.
Speaker 1: Come man, this is.
Speaker 3: The Troubleshooter Show. No Tom Martino, Hi Tom Martino, your
Speaker 3: troublesh three oh three seven one three talks seven one
Speaker 3: three eight two five five. We're here to help you
Speaker 3: solve problems, to answer questions, to take complaints, to make
Speaker 3: your life a little easier, as we've been doing for
Speaker 3: forty five years or more.
Speaker 5: And you know what, we love what we do.
Speaker 3: We even love it when we get problems we can't solve,
Speaker 3: but there are lessons to be learned. Then there are
Speaker 3: problems we can solve. And uh, there's all kinds of
Speaker 3: in betweens. Uh, let's do this follow up right here,
Speaker 3: and our number to call any time, by the way,
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Speaker 3: we welcome our friends also in Colorado Springs around this
Speaker 3: hour brought to you by Compass Insurance. By the way,
Speaker 3: get your insurance check up three oh three nine nine six,
Speaker 3: nine thousand. Just please make sure you're not under insured,
Speaker 3: make sure you're not paying too much for insurance, and
Speaker 3: they'll do an honest review three or three nine ninety six,
Speaker 3: nine thousand. So Joe wants to talk about an issue
Speaker 3: with a contractor working with BO. So Joe, when did
Speaker 3: you call in, sir, I'm trying to find your call.
Speaker 6: I'm trying to find it. I'm looking at my history.
Speaker 3: We called in on November eighteenth and the eleven am hour.
Speaker 5: Oh, oh my goodness.
Speaker 3: November November Wow, that's ancient history.
Speaker 1: Joe.
Speaker 3: What happened November fifth? Thank you, by the way, bo
Speaker 3: for keeping such good records.
Speaker 5: What's going on, Joe?
Speaker 6: Back back in late September of last year, an old
Speaker 6: friend of mine posted up on Facebook that, Hey, this
Speaker 6: company I'm working with we're getting into plumbing. I need
Speaker 6: some help with the boiler package. Can anybody out there
Speaker 6: help me? Well, I still have an open account at
Speaker 6: one of the supply houses, and I've known a guy
Speaker 6: fifteen or so years. I thought he was a good friend.
Speaker 6: He's promising to pay cash. I said, absolutely, let me
Speaker 6: just get it set up for you to be able
Speaker 6: to do it. So he goes and charges fifty four
Speaker 6: hundred bucks worth of materials and no problem. He gets
Speaker 6: his installation. He does.
Speaker 3: I think I remember hearings. Did I take this call
Speaker 3: or did Mark take it?
Speaker 6: I come, I think you might have.
Speaker 3: You came home about mechanics. I can't find it for
Speaker 3: some reason, but it's not a big deal. I can't
Speaker 3: find it, but keep going. What happened then?
Speaker 6: Well, anyway, the bill comes in the first of the
Speaker 6: month and I'm like, okay, Tim, Hey buddy, I need
Speaker 6: to get paid. What do I need to do here,
Speaker 6: and he said, yeah, send me the invoices. I send
Speaker 6: him the invoices and then he think, oh, well, hey,
Speaker 6: I have to go through the money guy, my partner,
Speaker 6: so you need to send it to him. So I
Speaker 6: sent it to him, and they promised to send me checks,
Speaker 6: and I mean I sent them both the invoice and
Speaker 6: everything else. And as we got closer to the twenty
Speaker 6: fifth of the month, I wanted up have to pay
Speaker 6: the home build up my pocket because I can't afford
Speaker 6: to lose my account. You know. Wow, I paid the
Speaker 6: vendor the whole thing, and we're this whole time. I
Speaker 6: don't know exactly where my buddy lives. I know he
Speaker 6: lived in Parker, you know, he's moved back from Arizona
Speaker 6: up to Hear. Anyway, I start doing some research on
Speaker 6: the company and I find our office and he finally
Speaker 6: finally tells me, Hey, the check's ready to pick up
Speaker 6: and it's going to be in this truck. And I'm like, well,
Speaker 6: send me a picture of your truck, dude, I don't
Speaker 6: want people thinking of breaking into trucks. Is when I
Speaker 6: get there, I finally get a check for three grand
Speaker 6: out of the fifty four hundred and it says partial payment,
Speaker 6: and it's on a temporary check, you know, like the
Speaker 6: first check you get from a bank when you'll be
Speaker 6: a council. There's nothing more. Yeah, I got it number
Speaker 6: on there. Well got it. My bank looked at that
Speaker 6: and said, now we're not going to touch it. I said, well,
Speaker 6: what do I do? They said, take it to his bank.
Speaker 6: They converted to Cheshire check, bring it back here. We're good,
Speaker 6: good to go. I said, okay, So I went to
Speaker 6: his bank. They said, mister Kulan, we can't do this it.
Speaker 6: There's not enough money in account to cover this check anyway.
Speaker 3: Bottom line, where are we going with this?
Speaker 9: Bro?
Speaker 3: I mean, so you got screwed by a buddy bottom.
Speaker 6: I've been ripped off by buddy and by his company.
Speaker 6: And I filed a lean against the home. But in
Speaker 6: order to foreclose the lian, it's going to cost me
Speaker 6: ten twelve grand, which I can't get back.
Speaker 3: No, no, no, that is that is that is absolutely
Speaker 3: not so, sir. And I found your call. So okay,
Speaker 3: you got a judgment for how much? How much do
Speaker 3: you have the judgment?
Speaker 6: Have no judgment, Tom. What I have is I still
Speaker 6: have about twenty four hundred dollars outstanding in order for me.
Speaker 6: Since I loaned the material basically through my LLC, I
Speaker 6: can't represent myself in court and I can follow the
Speaker 6: lean which I did.
Speaker 3: You absolutely, you absolutely can represent your LLC. I don't
Speaker 3: have any idea what you're talking about. Is it a
Speaker 3: single person LLC?
Speaker 6: All right, my company is a single person LLC.
Speaker 3: Yeah, then it's a disregarded entity for purposes of legal procedures.
Speaker 3: You can go to court and and it has nothing
Speaker 3: to do with it. You can go to court and
Speaker 3: you can sue. Okay, you can sue for your money.
Speaker 3: But here's what I want to know. How did you
Speaker 3: get the rest of the money? Was it just because
Speaker 3: he just accidentally did the right thing?
Speaker 1: No?
Speaker 3: I can answer that one, Tom. We just kept uh.
Speaker 11: I talked to my bank and he made my bank
Speaker 11: president made a call to his bank, and he gave
Speaker 11: us some ideas on how he could just keep slamming
Speaker 11: the check into the bank.
Speaker 3: And he did get some money. So I do want
Speaker 3: to know the guy only got how much? How much
Speaker 3: did you finally get half of it? Right?
Speaker 11: I have three thousand, got it of fifty, So I'd
Speaker 11: like to speed this up a little bit, Joe, you know,
Speaker 11: so the crux of the man. We've been working on
Speaker 11: this since November. Joe properly filed the mechanics lane. He
Speaker 11: got some advice from Brad O'Brien and he wants to
Speaker 11: for a clothes on the lean and he wants to
Speaker 11: file a less pendance. So our question is can he
Speaker 11: legally file? Can he file the less pendance without a lawyer?
Speaker 3: And Will Well, you can do anything without a lawyer.
Speaker 3: It's not a requirement you have a lawyer, but it's
Speaker 3: very difficult to do.
Speaker 14: Okay.
Speaker 11: Now, the next question is can Joe recover the cost
Speaker 11: because he got quotes of like ten thousand dollars to
Speaker 11: go to court the fun Kales mechanics.
Speaker 5: Let's talk about this.
Speaker 3: He has a twenty five hundred dollars balance for the
Speaker 3: and he put a lien on for the balance. Is
Speaker 3: that right? Okay? That you're very very good so far.
Speaker 3: So you got a lean for twenty five hundred. Is
Speaker 3: that home meant to be sold or is it his
Speaker 3: personal residence or is it a client?
Speaker 14: It's a client.
Speaker 3: It's a multi million dollar home in Castle Pines of
Speaker 3: a lab And why isn't this owner of the house
Speaker 3: making noise to get it paid? Why wouldn't this owner care?
Speaker 3: So you can answer that one, Joe.
Speaker 6: Well, she's saying, I've already paid for all of.
Speaker 5: This, and now she can get out of it.
Speaker 3: You know, you understand that if you go through all
Speaker 3: this trouble to foreclothes on this Lian, she can get
Speaker 3: out of it. She's got an affirmative defense, big time. Yeah,
Speaker 3: and tell her what telling Mark what he has to
Speaker 3: sho you at the homeowner. He's paid.
Speaker 7: It hits her primary residence in Colorado, and she can
Speaker 7: show that she paid the contractor the g the GC
Speaker 7: in full, that Lian will drop or you'll lose your
Speaker 7: court case. It's an affirmative defense, meaning that's her whole defense.
Speaker 3: Does it matter, so, Joe, if she really did pay
Speaker 3: just one second, Joe, one second, If she really did
Speaker 3: pay the general or the plumber in full, or the
Speaker 3: plumbing supplier or anyone, that's all she has to do
Speaker 3: and she can get out of this lean and your
Speaker 3: lean will be dismissed.
Speaker 6: Okay, Now, does it matter if her primary residence is
Speaker 6: owned by a business.
Speaker 3: No, you're you're nitpicking there. I don't believe so.
Speaker 13: Now I'm just asking it's owned by a business.
Speaker 3: But let me ask you this. Do you not believe her?
Speaker 3: But Joe, do you not believe her?
Speaker 5: Do you think she's trying to screw you to No?
Speaker 6: I absolutely believe her. But she is ticked off me
Speaker 6: because I come to find out that the guy is
Speaker 6: not a license general contractor, he's not a licensed mechanical contractor.
Speaker 6: He's not a licensed plumber. Hell, he even lied about
Speaker 6: his journeyman plumbing's license.
Speaker 3: So I called, so, what does this have to do
Speaker 3: with the homeowner?
Speaker 6: Pardon?
Speaker 5: What does this have to do?
Speaker 3: You shouldn't be crossways with this homeowner. She's a victim too.
Speaker 6: She's angry at me because I followed the lean against
Speaker 6: her home when she's already paid for everything. She's like,
Speaker 6: my problem is with aterneral contract or, not with her.
Speaker 5: Well, she can get that.
Speaker 3: Look as soon as she goes to an attorney, any
Speaker 3: attorney worth their weight is going to know how to
Speaker 3: get out of this lean. The lien is going to
Speaker 3: be You're going to just end up letting it drop off.
Speaker 7: You realize you got to take her to court and
Speaker 7: actually get a judgment that's part of getting the lean.
Speaker 3: Yeah, that's part of you got Well, you have to start.
Speaker 3: You don't necessarily have to get a judgment, but you
Speaker 3: have to start for closure within how no, no'st He
Speaker 3: absolutely has to take her to court and win whatever
Speaker 3: he's leaning her house for. That's part of perfecting the lean.
Speaker 7: Then he can go forward with foreclosure or trying to
Speaker 7: collect or doing what.
Speaker 3: Okay, I thought it was done in one fell swoop,
Speaker 3: but it doesn't matter. Whatever it is you have to
Speaker 3: do within four months. Did you do it?
Speaker 11: He did it all within time? And Tom, I think
Speaker 11: Joe has a right to put a mechanics lean on
Speaker 11: the property, whether it's her property or rental, because that's
Speaker 11: what the mechanics lean is all about, is to protect
Speaker 11: the contract.
Speaker 3: Bo Bo, did you bo help me here? Did you
Speaker 3: hear anyone say he does not have a right to
Speaker 3: put a lien on there?
Speaker 11: I think he does because she did pay Bo.
Speaker 3: Did you hear anyone say he does not have a
Speaker 3: right to put a lien on the home? Now?
Speaker 11: I thought you guys are saying that he didn't and
Speaker 11: it could be dropped.
Speaker 3: The lean could be No, here's what we said. You
Speaker 3: can put a lean on a ham sandwich if you want.
Speaker 3: What we were saying is, according to the laws of Colorado,
Speaker 3: he has a she has an affirmative defense that can
Speaker 3: get it dismissed tomorrow, whether you like it or not.
Speaker 3: That's the way it is, unl unless the home is
Speaker 3: not his prime If the home is not her primary residence,
Speaker 3: then that's different. But if it's her primary residence, then
Speaker 3: she can get it dismissed pretty much he needs.
Speaker 7: The property must be an existing single family dwelling unit
Speaker 7: that the owner occupies as their primary residence, and the
Speaker 7: owner must have paid the full contract amount.
Speaker 11: I believe to be on the shadow of a doubt
Speaker 11: that she did, so the lane's basically worthless.
Speaker 14: What you guys are saying, since it's her primary residences.
Speaker 7: If she's stupid and doesn't hire an attorney that would
Speaker 7: use that reformative defense.
Speaker 3: But there is another way around this, Joe, why don't
Speaker 3: you just get the twenty five hundred reduced to a
Speaker 3: judgment in small claims court?
Speaker 6: Well, I've I've had issues with small claim court collections.
Speaker 3: Well, hold on, hold on.
Speaker 1: Hold on.
Speaker 3: You said two different Joe, you said two different things.
Speaker 3: You had issues with small claims court and collections. Which
Speaker 3: one did you have the issue with?
Speaker 6: Well, I got my judgment on a different case totally
Speaker 6: in small goods good and then was never able to
Speaker 6: collect a debt.
Speaker 3: Now why was that?
Speaker 6: Tell me?
Speaker 3: I want to know why why were you able to
Speaker 3: collect ton?
Speaker 6: Because the sorry soob lied and he refused to pay
Speaker 6: the money and the court doesn't give you any real
Speaker 6: way to force them to pay the money.
Speaker 3: So it only we're right, Joe. But Joe, kind of right,
Speaker 3: You're kind of right. They can hide and squirm and
Speaker 3: it's a pain in the ass. But what you don't understand,
Speaker 3: or maybe you do, maybe you do. You can take
Speaker 3: the twenty five judgment you get here, and when you
Speaker 3: go after the guy, you can hire a legit collection
Speaker 3: attorney who can add the cost of their collection on
Speaker 3: top of it. That may be the way to go, Joe.
Speaker 3: Is this hiring a too?
Speaker 6: I have to do to do the collection?
Speaker 3: And if you get a real now now, I will
Speaker 3: tell you, Joe, there might be some that will be
Speaker 3: hesitant to take a small judgment like this, but if
Speaker 3: they can add to it the cost of collections and
Speaker 3: you get a normal default, I'm missing something. I want
Speaker 3: to ask him again, do you have a judgment?
Speaker 9: No?
Speaker 5: Well, no he doesn't.
Speaker 3: Well then, I mean he's got to perfect that lean.
Speaker 3: Do you not understand you?
Speaker 6: Mark?
Speaker 3: Take Mark, we're not talking about the lean now, Mark,
Speaker 3: We're not talking about the lean any longer, because he
Speaker 3: can go through all that trouble for the lean and
Speaker 3: she can get it dismissed. That's when we were talking
Speaker 3: about just the twenty just the twenty five hundred. She
Speaker 3: owes that this guy owes directly the contor get a
Speaker 3: judgment for that twenty five hundred, and then he can
Speaker 3: get somebody to collect it. I mean it's gonna cost
Speaker 3: you fifty bucks to do it, Joe, get a judgment. Yeah,
Speaker 3: I'm Tom Martino. We have more coming up. Go with
Speaker 3: a sure thing Denver's Best Roofer Excel Roofing dot com.
Speaker 3: You don't pay a cent until you're content. Time for
Speaker 3: an insurance checkup free no obligation comparison call Compass Insurance
Speaker 3: paying too much your coverage at dozens of insurance companies
Speaker 3: find out now three oh three, seven to seven to
Speaker 3: one help. You'll think you're his only customer when you
Speaker 3: choose Frank durand the real estate man dot com to
Speaker 3: list your home with Remax Alliance three oh three nine
Speaker 3: two zero sixteen twenty two. Hi'm Tom Martino here. Pamela's
Speaker 3: turned an issue with a car accident. Pamela, what's going on?
Speaker 15: My sister got into an accident early February and.
Speaker 16: It wasn't her fault, so she believes. And she was
Speaker 16: in a roundabout and the car veered over and hit her.
Speaker 13: And yeah, at the sight of the accident, she was.
Speaker 17: Under the impression that the police were like the other
Speaker 17: driver got a ticket. He was driving with a permit,
Speaker 17: only he was distracted. He had gotten a ticket, that
Speaker 17: it was under the assumption that it was his fault.
Speaker 18: Come to find out, now.
Speaker 3: Are you sure? Hold on? Is she sure you got
Speaker 3: a ticket?
Speaker 19: Yes?
Speaker 3: Okay, So what happened? Did the other driver? Did the
Speaker 3: other driver swerve in tr lane?
Speaker 6: Yeah?
Speaker 3: So he was okay, so keep going.
Speaker 5: What happened then?
Speaker 3: So?
Speaker 16: Uh, she got a call like twenty four hours later. Coincidentally,
Speaker 16: both of them have the exact same insurance progressive, and
Speaker 16: that adjuster said, you need to sign off on this, Cindy.
Speaker 16: It's your it's your fault, and we'll just you know,
Speaker 16: and you're going to probably have to come up with
Speaker 16: a difference.
Speaker 13: And my sister said, wait a minute.
Speaker 15: It's not my fault.
Speaker 16: It was clear there.
Speaker 13: I don't understand, and please do not pay that out.
Speaker 13: And they were waiting for the accident report.
Speaker 9: And so she was.
Speaker 17: That went on for weeks and then finally got the
Speaker 17: accident report, which doesn't say anything.
Speaker 16: That it wasn't her fault or that it was his
Speaker 16: fault or and and she's.
Speaker 12: That you got a ticket or anything.
Speaker 3: And so we're kind of okay, the ticket, let me explain, Pamela,
Speaker 3: let me explain something, so we don't have to go
Speaker 3: further on that ticket. Sure, the tickets do not usually
Speaker 3: are there. They're not the deciding factor on liability for
Speaker 3: the accident, just so you know, but the accident report
Speaker 3: can be. But you're saying the accident report does not
Speaker 3: show or does not really name an at fault party. Correct.
Speaker 17: It doesn't say that he didn't use a turn signal.
Speaker 16: It doesn't say that he was distracted, right, it doesn't
Speaker 16: say it doesn't do any of that.
Speaker 3: And so okay, so where do we stand right now?
Speaker 3: How does this affect her? Where do we stand right now.
Speaker 16: How it affects her is that it went from her
Speaker 16: leaving the scene thinking that it was his fault and
Speaker 16: that his company he was going to pay for it,
Speaker 16: to all of a sudden it being her fault and
Speaker 16: she's going to have to come up with a difference
Speaker 16: of five thousand dollars, so to speak.
Speaker 4: That's what the.
Speaker 9: Adjust o case said.
Speaker 3: This is the part. This is the part. I don't
Speaker 3: understand the difference. What are you talking? Maybe she doesn't
Speaker 3: have full coverage or comprehensive I have, I have COMPREHENSI well,
Speaker 3: comprehensive wouldn't have anything to do with it. Hold on, Pamela,
Speaker 3: this is a collision claim. What I need to know
Speaker 3: is is this person claiming personal injury?
Speaker 9: No?
Speaker 20: Okay, then what supposedly it's she's got twenty five thousand
Speaker 20: dollars and the thirty thousand dollars car, and so the
Speaker 20: adjuster was saying that she's probably going to have to
Speaker 20: come up with the other five thousand.
Speaker 5: Okay, hold on a second.
Speaker 3: Let me let me explain this to you. She has
Speaker 3: state minimums probably twenty five point fifty. So what you're
Speaker 3: saying is, and I want to get John Fuller On.
Speaker 3: So what you're saying is she'll have to come up
Speaker 3: with it. Well, that's not true ninety nine point nine
Speaker 3: percent of the time, Pamela, because what happens is for
Speaker 3: them to get the insurance settlement, they have to they
Speaker 3: have to waive her. They have to give her a waiver.
Speaker 3: They have to give her a release, or her insurance
Speaker 3: company won't pay for it. So I don't have any idea.
Speaker 3: They're not supposed to come to her and ask for
Speaker 3: the balance unless they don't take the insurance. And if
Speaker 3: they don't take the insurance, then they would go after
Speaker 3: her for the whole thirty thousand. But that's going to happen.
Speaker 3: I don't who is telling her. Who is telling her
Speaker 3: she has to pay? You know what, they both have Progressive.
Speaker 3: So what's happening is Progressive is pissed. And here's why.
Speaker 3: Here's why Progressive has to pay the twenty five that
Speaker 3: you owe to the guy, and then they're gonna pay
Speaker 3: five grand of this guy's out of pocket, probably from
Speaker 3: his coverage, which will put them out a total of
Speaker 3: thirty grand. They would rather only be out a total
Speaker 3: of twenty five grand. So they're trying to hoodwink you
Speaker 3: into paying the five grand out of pocket. So your insurance.
Speaker 5: Agent is a scumbag. Okay, that is highly unethical.
Speaker 3: Hang on, I want to talk to actually Compass insurance
Speaker 3: group coming up, and we can also talk to John Fuller.
Speaker 3: This is really important.
Speaker 5: We don't talk about it enough.
Speaker 3: But when you both have the same insurance company, that
Speaker 3: insurance company fights for their own rights and what will
Speaker 3: ding them the least, And that's what they're trying to
Speaker 3: do here. They're trying to trick you into saying, well, Pamela,
Speaker 3: you're gonna have to pay the difference because they don't
Speaker 3: want to give this guy, give you a complete release
Speaker 3: if this guy gets the twenty five, because then he's
Speaker 3: gonna go to his own coverage for the extra five
Speaker 3: and they don't want to be out the whole thirty.
Speaker 3: I think you understand what I'm saying. We have more
Speaker 3: coming up on The Troubleshooter Show. Three oh three seven
Speaker 3: one three talk seven one three eight two five five
Speaker 3: eight eight eight Heating dot Com. Remember the best prices
Speaker 3: on high efficiency systems bar none.
Speaker 5: Put him to the test.
Speaker 3: That's eight eight eight Heating dot Com three oh three
Speaker 3: seven seven zero two seven, seven six Go with a
Speaker 3: sure thing Denver's Best roofer Excel Roofing dot com. You
Speaker 3: don't pay a cent until you're content. Time for an
Speaker 3: insurance check up free, no obligation. In comparison, call Compass
Speaker 3: Insurance paying too much your coverage at dozens of insurance
Speaker 3: companies find out now three oh three, seven to seven
Speaker 3: to one help. You'll think you're his only customer when
Speaker 3: you choose Frank durand the real estate Man dot com
Speaker 3: to list your home with Remax Alliance three all three
Speaker 3: nine two zero sixteen twenty two. Hi Tom Martine, your
Speaker 3: trouble share three all three seven one three talks seven
Speaker 3: one three eight two five five. I want to ask
Speaker 3: John Fuller his opinion on this. He's a personal injury attorney,
Speaker 3: but he deals with insurance all the time. John, I'm
Speaker 3: gonna lay this out to you. So this woman is
Speaker 3: in and let's call her Mary. It's Panela's sister. So
Speaker 3: Mary's in an accident in a roundabout. The guy she's
Speaker 3: in an accident with, she says, swerved whatever there were.
Speaker 3: The accident report shows no fault, It just shows what happened.
Speaker 3: And they both have progressive insurance. So this guy's car
Speaker 3: apparently either has twenty five or thirty thousand in damage
Speaker 3: or is worth thirty thousand. Her Progressive agent called her
Speaker 3: and said, since you both have Progressive and your limit,
Speaker 3: your policy limit is only twenty five grand, you're gonna
Speaker 3: have to pay the other five thousand out of pocket
Speaker 3: to make him whole. And I said, that's weird because
Speaker 3: normally what Progressive would do is negotiate a settlement, get
Speaker 3: her a waiver or whatever you call it, and they
Speaker 3: would get her a release and make a full policy
Speaker 3: settlement because they have to act as a fidentiary for
Speaker 3: their insured. But because both of them are insured, this
Speaker 3: is what I suspect. I might be right wrong, John,
Speaker 3: I suspect because they're both insured by Progressive, this agent
Speaker 3: is thinking, I'm going to save the company five grand,
Speaker 3: because if she only pays twenty five grand, this guy
Speaker 3: is going to go against his own policy for the
Speaker 3: extra five or six or whatever, and we're going to
Speaker 3: be out as a company thirty grand, where if she
Speaker 3: pays five, we're only going to be out twenty five.
Speaker 3: I looking, am I is that too paranoid? Or is
Speaker 3: that possible?
Speaker 1: Tom?
Speaker 10: There's only one insurance company that I see routinely put
Speaker 10: their interests so blatantly ahead of their insured and it's progressive. Okay,
Speaker 10: I've seen him do this multiple times over, especially in
Speaker 10: the medpay context, and especially when you've got you know,
Speaker 10: progressive insurance getting into accidents with other progressive insurance. You're
Speaker 10: absolutely right, they're certainly putting their interests ahead of their insured.
Speaker 10: If I were this caller, I would simply say, no,
Speaker 10: protect me. Your job is to get this thing done
Speaker 10: within the limits of my insurance and to make this
Speaker 10: go away. If this guy has, you know, has damages
Speaker 10: that are greater than that, if he's not insured himself,
Speaker 10: you know, he's got an option. He cannot accept my
Speaker 10: policy limits and choose to come after me directly, or
Speaker 10: he can file it on his own insurance and with
Speaker 10: the policy that he also paid you for. But under
Speaker 10: no circumstances should the progressive you know claims person or
Speaker 10: agent or whoever it is that they're dealing with be
Speaker 10: advocating against their own insured and suggesting that she come
Speaker 10: to the table with money just to protect their own
Speaker 10: insurance company from having to pay out those same damages.
Speaker 3: So I was right on Pamela. John Fuller is way
Speaker 3: more experienced. And Pamela, did you hear what he just said? Yes? Yes,
Speaker 3: Now you know what to tell your sister. She says, Listen,
Speaker 3: you have a fiduciary responsibility to settle this on my behalf.
Speaker 3: I'm and if you settle for policy limits, you better
Speaker 3: damn well get me a release. And if you don't,
Speaker 3: then let this guy come after me personally.
Speaker 20: Okay, Can I ask another quick question, Tom, Yes, you
Speaker 20: can to John Fuller directly.
Speaker 3: Why let's do that? Go ahead?
Speaker 16: I just as we stated this, this kid was he merged.
Speaker 16: He didn't, you know, signal he was at.
Speaker 21: Fault, according to my sister, And the takeaway when she
Speaker 21: left was that it was going to be written up
Speaker 21: as So what can she Pamela?
Speaker 3: I mean, is there, Pamela, I know what you're going
Speaker 3: to say. What can she say? You know what to
Speaker 3: try to argue fault at this point truly is feudal.
Speaker 3: What difference does it make she's covered? Okay, you know
Speaker 3: I know you're thinking, Wait a minute, she wouldn't have
Speaker 3: to worry about this five grand at all. If it's
Speaker 3: his fault.
Speaker 13: He'd have to pay all his own Look, I guess
Speaker 13: what's happened to no fault?
Speaker 3: John? What do you have to say?
Speaker 5: Go ahead, John, So great question.
Speaker 10: No fault has absolutely nothing to do with property damage.
Speaker 10: That's a twenty year old you know, insurance regulation that
Speaker 10: was completely to do with who and which company was
Speaker 10: responsible for pay medical bills, has nothing to do with
Speaker 10: where we are today. But under today's rules, here's what
Speaker 10: I can tell you. Your sister absolutely has the right
Speaker 10: to go and file a lawsuit against this kid and
Speaker 10: pursue her own property damage directly against them in small
Speaker 10: claims or county court, depending on the dollar amount, and
Speaker 10: not accept the determination of fault. However, what I can
Speaker 10: tell you is the CoP's determination of faul isn't really
Speaker 10: binding on anybody. There's no true box that they check.
Speaker 10: And this is why I always advocate dash cans, because
Speaker 10: so frequently these days we get into he said, she
Speaker 10: said accidents, and the reality is unless the cop witness
Speaker 10: the accident, they can't make a determination of who's more
Speaker 10: credible and who's at fault. They just take all the
Speaker 10: statements and all the witnesses and they kind of boil
Speaker 10: it all out, and whatever comes out of the mix
Speaker 10: is what they do, but it's not binding on anybody.
Speaker 10: So either accept the determination of the insurance company, which
Speaker 10: they have a right to make, or don't accept it
Speaker 10: and go and file a lawsuit on your own behalf
Speaker 10: against the atpahul driver and let a judge.
Speaker 3: Or what about this, John?
Speaker 10: Final?
Speaker 3: What about this?
Speaker 14: John?
Speaker 3: What about this? What if she says, okay, you know,
Speaker 3: pay out my policy limit and get me a release,
Speaker 3: and after that, can she go after the guy for
Speaker 3: damage to her car directly?
Speaker 6: Yeah?
Speaker 10: I mean technically that release that.
Speaker 13: I mean, yeah, the release that her insurance.
Speaker 10: Company gets for paying that guy's damages. You know, it
Speaker 10: won't be a very good fact if you go to
Speaker 10: court and the guy says, look, your honor, her own
Speaker 10: insurance company decided that she was at fault and paid
Speaker 10: my damages, and now she's wanting to come in here
Speaker 10: and advocate that I'm somehow responsible for her car. It
Speaker 10: won't be a good fact for you. But but that
Speaker 10: release that has to do with that other guy's vehicle
Speaker 10: is not at all binding on you for your vehicle,
Speaker 10: So I mean, technically you could.
Speaker 8: Yeah, it would be a great day for it.
Speaker 3: But okay, John, I really appreciate your information, though John Fuller,
Speaker 3: as I said, you can always call him for information.
Speaker 3: Three zho three five nine seven forty five hundred five
Speaker 3: nine seven four five zero zero.
Speaker 5: Do you have any other questions from Pam?
Speaker 9: Oh? That that's it.
Speaker 18: I appreciate it.
Speaker 10: Thank you all right.
Speaker 3: I think you got really good information and you probably
Speaker 3: saved your sister five grand. We have more coming right up.
Speaker 3: Go with a sure thing Denvers best Roofer, Excel Roofing
Speaker 3: dot com. You don't pay a cent until you're content.
Speaker 3: Time for an insurance check up free, no obligation. In comparison,
Speaker 3: call umpass Insurance paying too much your coverage at dozens
Speaker 3: of insurance companies find out now three oh three seven
Speaker 3: seven one help. You'll think you're his only customer when
Speaker 3: you choose Frank durand the real estate Man dot com
Speaker 3: to list your home with Remax Alliance three oh three
Speaker 3: nine two zero sixteen twenty two. Hi Tom Martino here
Speaker 3: three oh three seven one three talk seven one three
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Speaker 3: All right, so let me see who is going Marcus.
Speaker 3: Tell me about a possible scam you think might be
Speaker 3: going on. What's going on?
Speaker 19: Yeah, Tom, I've been listening to.
Speaker 9: You first time callers since nineteen eighty seven. I used
Speaker 9: to watch you on TV.
Speaker 3: Holy crap. Thank you so much, really, I appreciate it.
Speaker 19: Yeah, and it's good to talk to you.
Speaker 9: And uh, being a senior of these days, I mean
Speaker 9: the old Italians, you hang out, work hard, and.
Speaker 19: But these days on.
Speaker 9: Social Security insurance benefits.
Speaker 19: And yeah, the problem is that they keep calling, and
Speaker 19: you can get on the cec F list do not call,
Speaker 19: You do a lot of things.
Speaker 10: They call morning, day.
Speaker 3: And night, and you can use it. Well you know
Speaker 3: what I actually actually I'm not. I often wondered about
Speaker 3: that do not call this? Who the hell enforces it? Nobody?
Speaker 9: And you could block those calls, and they keep coming across,
Speaker 9: so I started using.
Speaker 5: A well, different numbers come across.
Speaker 3: So what's on right now? Though specifically right now? Which
Speaker 3: one are you calling about?
Speaker 9: There's two in Colorado that keep doing this and one
Speaker 9: of them is Mercury Leads Incorporated during sixteen seventeenth Street, Denver, Colorado, eight.
Speaker 18: Zero two zero two.
Speaker 3: Anyway, tell me about what what are you what has
Speaker 3: you upset about this particular call?
Speaker 6: No, it's not just them, and there's one out of
Speaker 6: voter to envoy good.
Speaker 3: So are you basically calling to bitch about the unsolicited calls?
Speaker 6: Right?
Speaker 19: Yeah?
Speaker 9: And you can block them, you can do everything, but
Speaker 9: you cannot stop it. And they're using phony phone numbers.
Speaker 3: Tom, Well, yeah, that's why you can't block them, because
Speaker 3: they they heap, they get what did they call it? Rotating?
Speaker 6: Right?
Speaker 3: They keep rotating those Dmitri. You have a campaign against them,
Speaker 3: don't you go them on secretly? Well?
Speaker 4: You know, I just kind of dove into it about
Speaker 4: a year ago because I was sick of the spammers,
Speaker 4: the living text messages and calls to me. And it
Speaker 4: turns out that's totally against the law, and the law
Speaker 4: does provide for significant penalties.
Speaker 3: That we have collected. Get on any of them?
Speaker 4: No, I have four active cases right now, and none
Speaker 4: of the four have they haven't come to trial and
Speaker 4: they haven't settled yet.
Speaker 5: How much are you asking for in each one?
Speaker 3: Fifteen hundred per junk text message. So what if you
Speaker 3: don't have a text but you have a call like
Speaker 3: this same thing? Say, how do you prove the call? Well,
Speaker 3: they're right there on on my voicemail.
Speaker 4: So I created a recording that I submit as my
Speaker 4: evidence of the court and a screen shot.
Speaker 3: And so it's really it seems to be, Hey, Marcus,
Speaker 3: have you ever thought of suing them?
Speaker 1: Yeah?
Speaker 9: And then it's on boy LC out of a voter
Speaker 9: Colorado and it's Mercury Leads Incorporated out of Denver.
Speaker 6: But it's hard.
Speaker 3: Yeah, I mean, it's nothing new, there's all kinds of
Speaker 3: But why don't you get the information on them? And
Speaker 3: maybe Deputy D if you want to call us back,
Speaker 3: will help you with the logistics of going through with it.
Speaker 3: Go with a sure thing Denver's best roofer Excel roofing
Speaker 3: dot com. You don't pay a cent until you're content.
Speaker 3: Time for an insurance check up, free no obligation comparison
Speaker 3: call Compass Insurance, pay too much your coverage at dozens
Speaker 3: of insurance companies. Find out now three O three, seven
Speaker 3: to seven to one help. You'll think you're his only
Speaker 3: customer when you choose Frank durand the real estate man
Speaker 3: dot Com to list your home with Remax Alliance three
Speaker 3: oh three nine two zero sixteen twenty two.
Speaker 1: News need advice so you don't have come run in
Speaker 1: Just as status as we can.
Speaker 2: Shooter's gonna help come.
Speaker 3: This is the Troubleshooter Show. No Tom Martino. Hey, I'm
Speaker 3: Tom Martino, and I thank you for being here for
Speaker 3: the show. And we love talking about everyday life, the
Speaker 3: things that make you tick and the things that tick
Speaker 3: you off. So we're gonna go to the phones and
Speaker 3: hope we can make a difference in your life. Right now,
Speaker 3: let's see whose turn it is. It's uh, it's we're
Speaker 3: gonna talk about the HVAC issue here with Phil. Hi, Phil,
Speaker 3: what's happening? Good?
Speaker 9: Uh?
Speaker 18: Afternoon, Tom?
Speaker 3: What's going on?
Speaker 9: Can you hear me?
Speaker 18: Okay? I had to step outside from the office for
Speaker 18: a connection.
Speaker 5: Yeah, I can hear you.
Speaker 3: I can hear you.
Speaker 18: Fine, okay, all right. So I'm in Colorado Springs and
Speaker 18: one morning woke up and it was cold. My furnace
Speaker 18: wasn't working. So I called this company called Affordable Plumbing
Speaker 18: and Heating, and so they came out and looked at
Speaker 18: my furnace and turned out there was a micro process
Speaker 18: around the searcher board on the motherboard that was burnt out,
Speaker 18: so long story short, replaced it and they charged me
Speaker 18: four hundred dollars labor, which they still haven't recognized to
Speaker 18: itemize on their receipt. But anyway, I have some stuff
Speaker 18: about ethical HVAC companies playing the price gouging on people
Speaker 18: when they're in need of heat, and I'm sure that's
Speaker 18: never happened to you before, right Tom.
Speaker 3: Ptill. We get calls all the time. We get calls
Speaker 3: all the time about pricing and when people have no heat.
Speaker 3: And one thing you mentioned though that I just want
Speaker 3: to dispel. People think now they can be if they
Speaker 3: insist on it. But people think they're entitled to some
Speaker 3: kind of detailed bill, and they're not. All they're entitled
Speaker 3: to is a price, and then you agree to the price,
Speaker 3: and it doesn't matter what they pay for the part
Speaker 3: or what they pay for the labor. If they pay
Speaker 3: nothing for the part and charge you one hundred dollars,
Speaker 3: I don't care. If they pay one hundred dollars for
Speaker 3: the part, pay and charge you ten dollars, I don't care.
Speaker 3: The only thing I care about is that people aren't blindsided,
Speaker 3: that they don't have a company come in and quote
Speaker 3: one price and charge another. I'm also concerned that people
Speaker 3: don't come in and lie to you. Now, what is
Speaker 3: price gouging. There's no such thing. There are prices that
Speaker 3: are too high and prices that are too low. What
Speaker 3: I mean by too low is a company can never
Speaker 3: sustain itself and they're going to go out of business.
Speaker 3: Companies that charge too much that they're way out of
Speaker 3: line and they're a pain in the ass, and I
Speaker 3: don't think they're going to stay around either. But as
Speaker 3: far as gouging, I imagine you could have gouging. We've
Speaker 3: had it in the past where somebody would charge. We
Speaker 3: had one time an older woman charged nine thousand dollars
Speaker 3: to install a toilet. I thought that was outrageous. But
Speaker 3: as far as what you're talking about, you had a
Speaker 3: circuit board put in, Is that right, Phil?
Speaker 18: Correct?
Speaker 3: And what was the total price? What was the total price?
Speaker 3: Let me grab the invoice real quick, and which and
Speaker 3: which circuit board was it?
Speaker 18: It was the main the main board, the motherboard, okay?
Speaker 5: And was it the main board on your furnace or
Speaker 5: on an auxiliary unit.
Speaker 18: I don't know. On the furnace, it was inside the furnace, okay.
Speaker 3: And what kind of furnace.
Speaker 18: The brand? Yes, yeah, I'm not sure if it was.
Speaker 18: I don't have that in front of me either Lennox
Speaker 18: or okay, okay.
Speaker 3: So they replaced the main circuit board. And how long
Speaker 3: did it take him about?
Speaker 18: It took him less than an hour, because I mean
Speaker 18: I helped him troubleshoot it because I'm not stupid. I
Speaker 18: used to be a realtor. I've talked to you with
Speaker 18: many h back people and so you know, it was
Speaker 18: just my fan wasn't coming on, and my combustion was working,
Speaker 18: the ignited were coming on, everything was flying my so
Speaker 18: it was just the motor wasn't coming on. So it
Speaker 18: was that process of that that sense went to come on,
Speaker 18: but it wouldn't turn the fan on.
Speaker 3: And tell me why you had to help, Tell me
Speaker 3: why you had to help?
Speaker 18: I don't help?
Speaker 3: Or or are you one of these guys that supervise everything?
Speaker 3: You got somebody come over and you're the expert. There
Speaker 3: are homeowners like that. Are you that kind of person?
Speaker 18: Well, I'm not the expert, but I want to make
Speaker 18: sure that I'm I'm getting charged for what I'm actually
Speaker 18: being done. I don't want to be told that something's
Speaker 18: wrong and something isn't wrong.
Speaker 3: Okay, So how much were you charged? How much were
Speaker 3: your charge?
Speaker 18: Charged? It six d and fifty eight dollars and thirty cents, okay.
Speaker 18: Wanted to charge me more, but I asked him to
Speaker 18: give a military discount or anither kind of discount. So
Speaker 18: he was kind enough, I guess, to give me ten
Speaker 18: percent off of his overly high price in the first place.
Speaker 1: So what so what was that?
Speaker 3: You know? I love your little comments about overly high price.
Speaker 3: I know companies that would have charged fourteen hundred for this,
Speaker 3: so just so you know, and I know companies that
Speaker 3: are legit that would have charge fourteen hundred, and I
Speaker 3: know companies that would have charged five hundred. Okay, But
Speaker 3: the point is this, you could have said no, did
Speaker 3: you ask for an estimate? Yeah?
Speaker 18: He told me what was going to cost?
Speaker 5: What did he say it was going to cost.
Speaker 18: Over seven hundred, like seven hundred and forty dollars? And
Speaker 18: I thought that was because well, first of all, first
Speaker 18: of all, driving driving time to get the part was
Speaker 18: like forty five minutes to an hour. All right, so
Speaker 18: I'm getting two hundred dollars.
Speaker 3: I'm just asking you. They gave you, they gave you
Speaker 3: an estimate of seven hundred dollars, right.
Speaker 5: Right, And then what did it end up costing?
Speaker 18: Why, he ended up giving me a discount. So it
Speaker 18: ended up costing six fifty eight.
Speaker 3: Okay, six fifty eight. So what are you calling about today?
Speaker 3: What would you like us to do?
Speaker 6: I'm just calling it.
Speaker 18: Ask I guess there's no regulation as far as what
Speaker 18: HVAC companies can charge you during normal duty hours. I mean,
Speaker 18: this wasn't like after hours and emergency and they had
Speaker 18: to get out of bed and come like a firefighter
Speaker 18: and sing.
Speaker 3: You know, there's no regulation. There's no regulation fill on
Speaker 3: any company that can charge anything unless it's a public
Speaker 3: utility company or a granted franchise where people don't have
Speaker 3: a choice.
Speaker 7: Then coming after a natural disaster disaster, well that's those
Speaker 7: are special price hold on not to muddy the waters.
Speaker 3: Fill, but that's for special like plywood and stuff like
Speaker 3: like a lot of companies after a disaster will go
Speaker 3: out and just rake people over the coals, and there
Speaker 3: are special price gouging laws for those specific things, but
Speaker 3: for what you're talking about. The quick answer is there
Speaker 3: are no regulations. Thank god, fail did that six hundred.
Speaker 14: Phil.
Speaker 3: I think you might find some regulations in Moscow still
Speaker 3: and maybe in Beijing, I think, but you're not going
Speaker 3: to find any in the USA.
Speaker 11: Phil, this is bo Did six hundred and fifty eight
Speaker 11: dollars price include the service text time to go get
Speaker 11: the part?
Speaker 18: Yes? Yeah, yeah, the part was and fifty bucks.
Speaker 3: You know, Phil, that's reasonable. I probably would have.
Speaker 5: I was gonna ask you both that.
Speaker 3: I don't know. This was more It was more than reasonable.
Speaker 11: Yeah, I mean because the labor rate to the company
Speaker 11: is the same whether they're working on your furnace or
Speaker 11: have to drive in traffic to go pick up the part,
Speaker 11: they still have to pay the laborry. If you got
Speaker 11: a motherboard on like an eighty percent furnace, which you
Speaker 11: probably have, Phil, that's a very reasonable, below average price
Speaker 11: for what you got.
Speaker 3: Yeah, and I know you're upset, Phil, I understand this,
Speaker 3: But do you really want do you really want a
Speaker 3: country where we have price controls?
Speaker 18: So two hundred dollars an hour is not too high.
Speaker 7: Most mechanics charge more than that. You go to a
Speaker 7: dealership and have an alternator put in. They'll they'll book
Speaker 7: it out at two hundred and fifty plus hours.
Speaker 3: That's a trick. That's a trick question. That's really a
Speaker 3: trick question. He had a no here situation. They found
Speaker 3: a part, located it, installed it and the main circuit board,
Speaker 3: and they were efficient about it. It took them, he said,
Speaker 3: less than an hour. I doubt it, but he said
Speaker 3: less than an hour, and they charged himself six hundred
Speaker 3: and fifty eight whatever. So the question is is that
Speaker 3: labor charge reasonable? I don't know. There is no such
Speaker 3: thing as reasonable. I'd say if he agreed to it,
Speaker 3: which he did, it is reasonable. I guess. I guess.
Speaker 3: I don't understand. And Phil, I love that you're a
Speaker 3: longtime listener. I give you a hard but I'm asking,
Speaker 3: what were you thinking. We were gonna say, oh my god,
Speaker 3: you were totally ripped off. Let's call that company and
Speaker 3: get some money back.
Speaker 18: No, well, the story is a little bit deeper than that,
Speaker 18: do too, Okay, No, I just want okay, let's.
Speaker 3: Hear the real story. That's what I want to hear.
Speaker 3: What's the real story. Let's hear it. After the break
Speaker 3: all right after the break, I want to hear the
Speaker 3: real story, he says, it goes deeper. I definitely want
Speaker 3: to hear how it goes deeper. Okay, So hang on
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Speaker 3: oh three nine two zero sixteen twenty two. Hey, I'm
Speaker 3: Tom Welcome three three seven one three talks. So Phil said,
Speaker 3: the story goes a little deeper, but he basically is
Speaker 3: upset because he called for no heat. A company came
Speaker 3: out main circuit board needed replacing. Make a long story short,
Speaker 3: took him about an hour and he was charged six
Speaker 3: hundred and fifty eight bucks. He wanted to know are
Speaker 3: the regulations on what people can charge? And I said, no,
Speaker 3: that's it, that's where we are right now. So he said, however,
Speaker 3: the story goes deeper, So Phil, go ahead, okay.
Speaker 18: Yeah, I'm here. So yeah, No, it didn't takehim one hour.
Speaker 18: Took him two hour and one hour driving for the part.
Speaker 3: Oh I'm sorry, okay, and then whenever.
Speaker 18: Yeah, so two hours total.
Speaker 3: Okay. No.
Speaker 18: After the fact, I just felt that it was unethical
Speaker 18: for a company to come out and you know, in
Speaker 18: your time of need, I mean, I wanted to heat.
Speaker 6: So when he told me how much.
Speaker 18: It would cost, what was I going to do?
Speaker 13: Say?
Speaker 6: Oh, well, you know what, I did, try.
Speaker 18: To get a discount on it.
Speaker 6: But what are you going to do?
Speaker 18: Say no, I'm going to call another company and go
Speaker 18: through this again with another company and then pay your
Speaker 18: service feeding, you know. So it's like they have you body.
Speaker 3: No, I know what you mean, Phil, Phil, I Phil, Phil,
Speaker 3: I get what you're saying, by the way, that you're
Speaker 3: in a vulnerable situation and you should call a company
Speaker 3: that you know and trust, because that could happen. They
Speaker 3: can take advantage of it in your particular case, you
Speaker 3: were not taking advantage of in my opinion, and I
Speaker 3: think eighty percent of the time you would have been
Speaker 3: charged way more than that. But what else is that?
Speaker 3: How deep the story goes versus deeper? No?
Speaker 18: No, no, So so I was going to research the company.
Speaker 18: So I looked it up on the Colorado Business Antique search,
Speaker 18: and this company doesn't exist. They were dissolved, like I
Speaker 18: don't know, eight or ten years ago, I forget exactly.
Speaker 18: So I did a little more research. I called the
Speaker 18: Pikes Peak Regional Building Department here in Colora Springs, who
Speaker 18: does all the permits and stuff. You probably know that,
Speaker 18: and they hadn't till May.
Speaker 3: I ask you something you got, You got the heat,
Speaker 3: and you paid them a fair price. So why are
Speaker 3: you wasting all this energy you think it's going to
Speaker 3: get you some money back?
Speaker 18: How was you trying to make sure they're a legitimate company?
Speaker 3: Well, why why didn't you make sure they were legitimate
Speaker 3: before you called them?
Speaker 18: I mean, if they did, they asked you when you
Speaker 18: call a number, and they're I'm asking.
Speaker 3: Phil, I'm asking why you didn't do due diligence before
Speaker 3: you called them? Why why after Why didn't you call
Speaker 3: a company that we know and trust right off the back?
Speaker 3: Why didn't you call plumb Line or fix It or
Speaker 3: any other company that we know? Eight eight eight heating?
Speaker 5: Why didn't you call companies.
Speaker 1: That were that?
Speaker 3: How about that?
Speaker 5: Why didn't you call someone from the referral list?
Speaker 18: I've been listening to for for many, many years, but
Speaker 18: then I moved to color Springs that I hadn't listened
Speaker 18: to you for a long time. I just found out
Speaker 18: you were honest, like kind of didn't gone on me
Speaker 18: to look you up again.
Speaker 3: Well, yeah, you would have found Smith Plumbing, Heat and Cooling,
Speaker 3: electric drains, totally honest, wonderful company. But listen, it's I
Speaker 3: get what you're saying. So now you're looking for trouble
Speaker 3: for this company, and what's your end game? You want
Speaker 3: to get a discount or what you want to put
Speaker 3: them out of business? Tell me what you want to
Speaker 3: do for a company that came to your house when
Speaker 3: you had no heat and charged the fair price to
Speaker 3: replace your main circuit board.
Speaker 5: Tell me what you want to do to them.
Speaker 18: Well that was a big thing, the fair price. If
Speaker 18: you're you know, legitimizing this, tell me how.
Speaker 3: Much No, No, I want to know in Phil's world,
Speaker 3: how much is a fair price? Phil?
Speaker 5: I want to know in your world, how much is
Speaker 5: a fair price.
Speaker 18: For an hour of work with the h vrack company.
Speaker 6: I looked at it.
Speaker 5: You said it took him two hours. You said it
Speaker 5: took them.
Speaker 3: You said it took them two hours.
Speaker 18: I know that they charged me two hundred bucks an hour.
Speaker 18: It's four hundred dollars for two hours of work. Okay, okay,
Speaker 18: the industry standards.
Speaker 5: So how much should they have charged?
Speaker 3: Phil? How much should they have charged? What should they
Speaker 3: have charged? One?
Speaker 18: Seems ethical to me?
Speaker 3: Okay, seems ethical? Okay, Now, Phil, what kind of business
Speaker 3: are you in?
Speaker 18: Well, I'm retired military for one thing. But I oh
Speaker 18: cars for auto for auto company. Now I came out
Speaker 18: of retirement.
Speaker 5: Okay, what do you wait? You're a whostsaler.
Speaker 18: No, no, I'm a car buyer my cars.
Speaker 5: Yeah, but when you buy them and then you resell them, right?
Speaker 1: Uh?
Speaker 9: Yeah?
Speaker 18: The company result them, yeah, the dealership result them.
Speaker 1: Yeah.
Speaker 3: How much do they resell them for? Let's say you
Speaker 3: buy a car for five what do you resell them for?
Speaker 3: Is it reasonable? Well?
Speaker 18: It it all depends what we buy the car for, because.
Speaker 3: Well, I want to know. I want to know. What
Speaker 3: if you get a car? Wait, what if you get
Speaker 3: a car that's worth five grand but you only pay
Speaker 3: two grand for it? Tell me do you sell that
Speaker 3: for what.
Speaker 18: It's It's never the same. Sometimes we lose money on cars.
Speaker 3: That's really Isn't that something? But let me ask you,
Speaker 3: does anyone regulate what you can sell that? Does anyone
Speaker 3: regulate what you can sell that car for.
Speaker 18: Other than Kelly Bluebook and the dog it?
Speaker 3: That's not a regulation. I'm asking you who regulates what
Speaker 3: you wait, who regulates who.
Speaker 5: Can buy that car and how much?
Speaker 18: Dealers set the price and the public sets the price
Speaker 18: basically because they're not going to buy something that's overpriced.
Speaker 3: Really, okay? Is desperate? What if someone is desperate for transportation? Yeah?
Speaker 18: Un listen to a vehicles you really want badly, and
Speaker 18: there's the supplying demand, the good old supplying demand.
Speaker 3: Okay, except when it comes to no heat, no no, no, Hey, Phil,
Speaker 3: Like I said.
Speaker 18: I didn't kill two o'clock in the morning. That's when
Speaker 18: I expect to pay a premium for them to come out.
Speaker 3: You didn't the only part what time did you call
Speaker 3: the only part we all disagree on with you is
Speaker 3: you got a fair price. In your mind, it's not fair,
Speaker 3: but every other company would probably charge you more, and
Speaker 3: I think eighty five percent of them would charge you more.
Speaker 1: Maybe.
Speaker 4: Hey, guys, I think there's something missing from what Bill
Speaker 4: Phil actually paid for. It's not just the two hours
Speaker 4: of the mechanics task trying. It's the education he had
Speaker 4: to get. It's the training, of.
Speaker 3: Course, the insurance, the workman's everything. Yeah, the gasoline.
Speaker 4: It's it's also his ability to respond to Phil's call
Speaker 4: so quickly.
Speaker 3: So that's really what you're paying for. But listen, here's
Speaker 3: the deal. Phil's involved in one of the most dishonest
Speaker 3: industries on the face of the earth, automobiles, and he's
Speaker 3: calling to bitch about two hundred dollars an hour.
Speaker 5: I'm done, Thank you Phil.
Speaker 3: By three oh three seven one three eight two five five.
Speaker 3: Let's move on to somebody with a real problem. Katie,
Speaker 3: what's going on with you? And sill?
Speaker 15: I thank you for taking my call.
Speaker 3: Tom, I have what's happening?
Speaker 13: Well, I have we hired a contractor and he was
Speaker 13: a friend of ours, and we did cardinal rule that
Speaker 13: we shouldn't have done, and we put gave him money upfront,
Speaker 13: but he said how much?
Speaker 15: I gave him ten thousand.
Speaker 10: Dollars and and what was it?
Speaker 5: What was the ten grand four?
Speaker 15: Well, he said he was going to use it to
Speaker 15: pay things, mostly for our permits through Jeffco.
Speaker 6: Okay, what was the name?
Speaker 3: What was the name of the contractor?
Speaker 15: Well, I don't really want to tell you right now
Speaker 15: because I just kind of want to keep it a
Speaker 15: little personal. He was a friend and he has since
Speaker 15: passed away.
Speaker 3: Oh okay, all right, but we were.
Speaker 15: Granted our permits, so he did pay our initial permit.
Speaker 18: Fee with it.
Speaker 15: But there's a seventy five hundred dollars balance, and like
Speaker 15: I say.
Speaker 3: Right, oh wait, wait, there's a seventy five hundred balance
Speaker 3: that went to his estate.
Speaker 15: Right, yes, exactly, now I'm learning. So we did file
Speaker 15: a claim against his estates through JEFCO. And we heard
Speaker 15: from his attorney that it was denied because they claimed
Speaker 15: it was filed against his personal estate and not his business. Now,
Speaker 15: his business is not an LLC from what I can determine,
Speaker 15: I'm not exactly sure how his business was held.
Speaker 3: All right, I want you to hold on, hold on,
Speaker 3: We're gonna get Dan McKenzie on. Let's let's get in
Speaker 3: a state attorney on who knows about these things? I'm
Speaker 3: Tom Martine three O three seven one three eight two
Speaker 3: five five. Go with a sure thing Denver's Best roofer
Speaker 3: Excel Roofing dot com. You don't pay a cent until
Speaker 3: you're content. Time for an insurance check up free, no
Speaker 3: obligation in comparison, call Compass Insurance paying too much your
Speaker 3: coverage at dozens of insurance companies find out now three
Speaker 3: oh three seven seven to one. Help. You'll think you're
Speaker 3: his only customer when you choose Frank Durand the real
Speaker 3: estate Man dot com to list your home with Remax
Speaker 3: Alliance three oh three nine two zero sixteen twenty two.
Speaker 3: Hi Tom Artino here at three oh three seven one
Speaker 3: three talk seven one three eight two five five Katie,
Speaker 3: So listen this contractor you hired. I want to get
Speaker 3: our expt. Oh he's not on yet. Well, Kachina, are
Speaker 3: you trying to get Dan McKenzie on? Kachina trying to
Speaker 3: get Dan McKenzie on. Please, I'm going to go to
Speaker 3: Brian right now while we wait to try to get
Speaker 3: Dan on. Okay, So what's going on.
Speaker 22: Uh, Brian, Hey, Tom, how's it going today?
Speaker 5: Good man? What's happening?
Speaker 18: Good?
Speaker 22: So, I guess part of it's going to be informational.
Speaker 22: Part of it's going to be, you know, uh kind
Speaker 22: of looking for some feedback from you. But sure, put
Speaker 22: some put earnest money down on the house. You know,
Speaker 22: looked at the house, liked it, put the earnest money down,
Speaker 22: you know. Uh, started on inspections and and when we
Speaker 22: originally walked to the property, it does have a leech field,
Speaker 22: you know, in a septic system, and we noticed that
Speaker 22: the leechfield was a little damp looking, even though the
Speaker 22: area around it was relatively dry. So we knew it
Speaker 22: was something we needed to have, you know, on inspection.
Speaker 22: And so what we did is we had the inspection
Speaker 22: called both a septic inspector and then also you know
Speaker 22: the whole the whole house, you know, check for rate
Speaker 22: on the whole deal. Sure, we had those guys come out,
Speaker 22: and the septic guy, he's a licensed guy, right, so
Speaker 22: he says, yeah, absolutely that that leachfield is in failure.
Speaker 22: You know, there's green grass growing all the way around
Speaker 22: it or in the middle of it with bright green grass,
Speaker 22: right in the center and it's wet. So you know,
Speaker 22: we present that to the to the cellar. And you know,
Speaker 22: first well even before that he was saying, oh, yeah,
Speaker 22: you know whatever.
Speaker 3: When you said it was a licensed contractor do you
Speaker 3: mean licensed with the Health Department for septics.
Speaker 22: Yes, yes, license with the Health Recepting Inspection. Got it,
Speaker 22: and so of course it failed. And uh then you know,
Speaker 22: up to that point that the seller had been saying, hey,
Speaker 22: you know whatever, you know, whatever we need to do
Speaker 22: to make the deal, you know, whatever I need to repair,
Speaker 22: no big deal.
Speaker 18: So we let him know.
Speaker 3: Well, I don't care, way, Brian, I don't care what
Speaker 3: he said. I don't care what he said. What I
Speaker 3: care about is the amendment to the contract that said
Speaker 3: it would be fixed.
Speaker 22: Uh, getting to that, but yes, we actually didn't get
Speaker 22: that far. He then came back and said, I absolutely
Speaker 22: unequivocally refuse, you know, to to pay for any leechfield work.
Speaker 22: So you know, of course we have the ability to
Speaker 22: get out of the contract.
Speaker 5: Yes, of course, of course.
Speaker 22: And this is where this, like I said, we ended
Speaker 22: up canceling. Are in sure getting you know, doing undoing
Speaker 22: the deal basically, but got it where I'm going with
Speaker 22: this is you know, where where is the function between
Speaker 22: either health department or or and or these sellers, Because
Speaker 22: what this guy did is he had his own guy
Speaker 22: come out pump the tank and do an inspection it
Speaker 22: and the leech field failed. He tells this guy he's
Speaker 22: trying to coerce this guy into passing it into you know,
Speaker 22: another licensed inspector into passing it.
Speaker 3: People do it all day long.
Speaker 13: And then he.
Speaker 22: Actually gets another guy out there, so he's been shopping
Speaker 22: around who passes it sure? You know, ultimately now that
Speaker 22: he knows it failed twice, if he doesn't put that
Speaker 22: on the disclosure notice and doesn't disclose it to the
Speaker 22: next buyer, you know, they probably just switched the zones
Speaker 22: so it'll dry out and it'll look like it's working
Speaker 22: until they go to switch to the.
Speaker 18: Two zones that are sure. Sure, And you know what,
Speaker 18: I guess we're we're.
Speaker 22: Just it's kin like I said, it's kind of twofold.
Speaker 22: You know, just wanted to express what happened and for
Speaker 22: people to watch out. But also, you know, what is
Speaker 22: uh uh, what is that next buyer's recourse?
Speaker 3: You know, when it's so nice that you care about
Speaker 3: the other buyers. But here's the bottom line. It's up
Speaker 3: to them to discover it, and it's up to them
Speaker 3: to make an exception. And if they don't, who's to
Speaker 3: say the third guy isn't right and that it won't
Speaker 3: keep working. I mean, Brian, you're just basically wasting time worrying. Really,
Speaker 3: you're a good guy. I can hear that, and I
Speaker 3: used to have the same concerns I was. In fact,
Speaker 3: here's why I was concerned. I was pissed off because
Speaker 3: I found a beautiful home, but I found something wrong
Speaker 3: with it that was significant. I happen to know people
Speaker 3: who could fix it, but I knew this guy wouldn't
Speaker 3: get it done. The seller and he canceled my contract
Speaker 3: saying no, we're not going to do it, so we
Speaker 3: walked away, but I knew that someone else was going
Speaker 3: to get screwed, and worse than that, the real prop
Speaker 3: bottom line was, I was pissed that I couldn't get
Speaker 3: the house, but I wouldn't pay for a defect like that,
Speaker 3: whereas he can get somebody else who's unsuspecting to pay
Speaker 3: for it. Now, I could be a prick and walk
Speaker 3: up and knock on the door and say, hey, if
Speaker 3: you are looking to buy this house, or if you bought.
Speaker 5: This house, you know, I got something to tell you
Speaker 5: about it.
Speaker 3: And people do that a lot. I mean, it's really
Speaker 3: none of your business in a way. Okay, but sure,
Speaker 3: I don't you know, this seller has a lot of
Speaker 3: liability if it turns out to be a failure and
Speaker 3: he withheld pertinent.
Speaker 7: Information and he's gonna have he's going to have to
Speaker 7: have a license professional lie about it. I mean most jurisdictions,
Speaker 7: like all of Douglas County. I mean, you have to
Speaker 7: have a licensed professional sign off. And if someone comes
Speaker 7: out there and lies that it's in good shape, they
Speaker 7: could lose their license.
Speaker 3: Yeah, but what if it's a difference of opinion, Because
Speaker 3: people do this all the time with foundation repairs and things.
Speaker 3: They do it all the time. They shop the person
Speaker 3: that gives them the best answer. Now, this seller can say, look,
Speaker 3: I just depended on an expert. Now you can say,
Speaker 3: but why didn't you depend on the first two experts,
Speaker 3: And he can easily say, because I wanted to make sure.
Speaker 3: I mean, it's too hard to get involved in this
Speaker 3: thing at this point, it really is. It's really let
Speaker 3: the buyer beware and Mark, what do you think. I mean,
Speaker 3: I'd be pissed if I knew that this guy had
Speaker 3: had it done twice. I think it's going to be
Speaker 3: about it.
Speaker 7: I think it's going to be hard to find a
Speaker 7: license professional to sign off if it's bad.
Speaker 3: He already did, he said, Brian. Didn't he already find someone?
Speaker 22: Yes, yes he did. He found that the third guy
Speaker 22: shopped signed off on it. Wow, And yeah, I mean
Speaker 22: it was muddy. It's been dry in the in the
Speaker 22: area where we live, and that entire section where where
Speaker 22: they still had those two zones operating, and it looked
Speaker 22: like those zones had been on for probably the last
Speaker 22: And you're a little.
Speaker 3: Pissed because you like the house, Brian, Right, you're a
Speaker 3: little pissed because you like the house.
Speaker 22: Right you you were your story was identical.
Speaker 18: Yeah, yeah, you know and yeah you yeah.
Speaker 3: So how much is it going to cost to fix it?
Speaker 22: It's twenty grand And that's when for a new Leachfield.
Speaker 22: Because again, just like Mark said, you have to have
Speaker 22: someone now a days. You can't just put in your
Speaker 22: own leach Field. You have to have a license.
Speaker 3: Well, you never could put in your own leach You
Speaker 3: never could put in your own leach field. Well, not
Speaker 3: that I know of.
Speaker 22: You'll have to tell that to my dad, I guess.
Speaker 3: But well, I mean, I guess you could have fifty
Speaker 3: years ago. I mean when I came to Colorado, even
Speaker 3: forty five years ago, when I was building a home,
Speaker 3: I had to have everything approved on that leech field
Speaker 3: and on that septic system.
Speaker 5: Yeah yeah, really Now, now, Brian, you.
Speaker 6: Heard the price.
Speaker 22: He was just he was just done it. And again,
Speaker 22: you know, I'm not going to buy a house with
Speaker 22: a known defect, you know, when we were offering, you know,
Speaker 22: full asking on it.
Speaker 3: So but if you like the house, what I'm asking
Speaker 3: seriously is this, would it be a deal breaker?
Speaker 5: That extra twenty grand?
Speaker 22: It would because it's it's top dollar for a top
Speaker 22: dollar house. You know, no other concessions, no other anything
Speaker 22: off the house.
Speaker 3: So okay, Well, someone else is going to get the house,
Speaker 3: and they're probably going to be fat and happy for
Speaker 3: a few years, and then they're going to have to
Speaker 3: fix the septic system.
Speaker 22: Yeah, very true.
Speaker 5: You know, I mean, how do you stop it?
Speaker 3: I mean, you could be a real jerk. I mean,
Speaker 3: I don't mean a jerk. You could be a real
Speaker 3: like concerned citizen and prote outside the house. I mean,
Speaker 3: you know, I mean you could disclosure form.
Speaker 7: I wonder if it says like I wonder how it's
Speaker 7: phrased to where do you think the guy would be lying.
Speaker 3: Because two other people didn't pass it? And for example,
Speaker 3: it says, let's ask Frank Duran the real estate I
Speaker 3: want to call. Let's call Frank Duran in the real
Speaker 3: estate man and ask his opinion. I'm serious, cool, So
Speaker 3: hold on, we're gonna ask him. We have another expert,
Speaker 3: Dan Mackenzie. I'm going to bring up right after this.
Speaker 3: Dan is an estate planning attorney. We have an important
Speaker 3: question for him. Right after this, go with a sure
Speaker 3: thing Denver's Best rufer excel roofing dot com. You don't
Speaker 3: pay a cent until you're content. Time for an insurance
Speaker 3: check up free, no obligation. In comparison, call Compass Insurance
Speaker 3: paying too much your coverage at dozens of insurance companies
Speaker 3: find out now three oh three, seven to seven to
Speaker 3: one help. You'll think you're his only custom when you
Speaker 3: choose Frank durand the real estate Man dot com to
Speaker 3: list your home with Remax Alliance three oh three nine
Speaker 3: two zero sixteen twenty two Martino, you're troubleshooter three oh
Speaker 3: three seven one three talk seven one three eight two
Speaker 3: five five. So I want to talk to Dan McKenzie
Speaker 3: in estate planning attorney we used as our expert. Hey, Dan,
Speaker 3: listen to this one. This woman pays a contractor up
Speaker 3: front ten grand. He bought her, He bought her home,
Speaker 3: her permit to start the project. But he pays her
Speaker 3: ten grand. She pays him ten grand, he buys the
Speaker 3: permit and dies. So now there's a seventy five hundred
Speaker 3: dollars balance and she wants to get it. So she
Speaker 3: put in a claim with his estate, and Katie, what happened?
Speaker 3: The attorney for the estate called.
Speaker 1: You, Katie?
Speaker 3: Is she not with us anymore? Can yes?
Speaker 1: Katie?
Speaker 3: Go ahead? Yeah, so ahead, Katie.
Speaker 15: Okay, I'm here. So I received from the attorney of
Speaker 15: his estate a notice of disallowance, and when I contacted them,
Speaker 15: I said, why was it disallowed? And she said, you
Speaker 15: filed it against his estate. You need to file it
Speaker 15: against his business. And I said, in the filing I
Speaker 15: also included the name of his business. But she also
Speaker 15: indicated well that there are pretty much no funds in
Speaker 15: his business to distribute. But she claimed that I filed
Speaker 15: it incorrectly, so his business does not appear to be
Speaker 15: an LLC.
Speaker 13: So I just want to know who can I file
Speaker 13: this against.
Speaker 5: Now, well, let me ask you this first, Katie, what
Speaker 5: what is it? If it's not an LLC?
Speaker 9: I don't know.
Speaker 15: It's all its states?
Speaker 23: Is that you know?
Speaker 15: I made the checkout to the name of his business.
Speaker 5: What is the name of and what's the name of
Speaker 5: the what's the name of the business?
Speaker 15: It was called one Wolf Filders, and so I made
Speaker 15: the checkout to his business.
Speaker 13: Only when he cast the check he signed it.
Speaker 15: I made it out to him it was.
Speaker 13: You know, signed by one Wolf Fielders.
Speaker 15: So I'm not quite sure, you know, is what I
Speaker 15: should find out?
Speaker 3: Is there a different Do you know if he's the
Speaker 3: only one that do you know if he's the only
Speaker 3: one that owns that business? Yes he is, because if
Speaker 3: he is, it would be a disregarded entity. But I
Speaker 3: want to ask Dan McKenzie, the expert here, what does
Speaker 3: she do?
Speaker 9: Dan?
Speaker 8: I think she's got two pads?
Speaker 24: What what do you how much are you trying to
Speaker 24: recovertate seventy I mean you're exactly at these small flames limit,
Speaker 24: so you could file a small flames case probably, yeah,
Speaker 24: the business and me. I mean, you know when as
Speaker 24: a planet's attorney, we just suit everybody, right, so you
Speaker 24: suit the age and to the business and just let
Speaker 24: them sort it out. And then the other thing is,
Speaker 24: I don't know how long ago you got that disallowance
Speaker 24: to claim, but that is something you can challenge.
Speaker 6: You can then ask the.
Speaker 24: Court to uh, you can file your objection to that disallowance.
Speaker 15: You have, Yes, I have three days to do that,
Speaker 15: so I'm I'm gonna do that. But you know you
Speaker 15: claimed that there are no funds in this business.
Speaker 3: Dan, I'm hoping you can hold so on. So what
Speaker 3: hang on, We'll come back with more. Go with a
Speaker 3: sure thing Denver's Best roofer Excel roofing dot com. You
Speaker 3: don't pay a cent until you're content. Time for an
Speaker 3: insurance check up free no obligation comparison call Compass Insurance
Speaker 3: paying too much your coverage at dozens of insurance companies
Speaker 3: find out now three all three seven seven to one.
Speaker 3: Hell help, You'll think you're his only customer. When you
Speaker 3: choose Frank durand the real estate Man dot Com to
Speaker 3: list your home with Remax Alliance three oh three nine
Speaker 3: two zero sixteen twenty two.
Speaker 1: Ripped of.
Speaker 2: News, need advice so you don't have.
Speaker 1: Come running Just as fast as we can.
Speaker 2: Shooter's gonna help come man.
Speaker 3: This is the Troubleshooter Show. No Tom Martino. Hello, I'm
Speaker 3: Tom Martino. Welcome to the show. This hour brought to
Speaker 3: you by renew Home Innovations with the most beautiful shower
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Speaker 3: Renew Home Innovations dot Com three oh three nine zero
Speaker 3: four two thousand. Frank Duran in the real Estate Man's
Speaker 3: on to answer a quick question for us we wanted to.
Speaker 6: Know about.
Speaker 3: Because it is a very important question and maybe he
Speaker 3: can tell us. Frank Duran, Welcome, We love you, brother,
Speaker 3: Thank you for being here. Hey brother, let me tell
Speaker 3: you what happened, Frank. This guy Brian puts money down
Speaker 3: on a house. He's doing his due diligence and comes
Speaker 3: across a bad leech field. The seller says, we're not
Speaker 3: going to fix it, take it or leave it. He's
Speaker 3: looking at twenty thousand in repairs. He decides he doesn't
Speaker 3: want it. He gets his earning earnest money back and
Speaker 3: he moves on. He subsequently finds out that the seller
Speaker 3: was shopping other septic licensed septic inspectors, and after going
Speaker 3: through the first and the second, found a third one
Speaker 3: who was able to sign it off, saying it's fine.
Speaker 3: He's concerned that the next person who buys this is
Speaker 3: going to be ripped off, and he's kind of pissed
Speaker 3: off because he thinks the owner should be made to
Speaker 3: fix it. So, I guess the question is what do
Speaker 3: you do in a case like that? I mean, there's
Speaker 3: really nothing you can do about it.
Speaker 6: Right?
Speaker 5: Would this guy be in trouble?
Speaker 3: What does the disclosure say specifically about the septic or
Speaker 3: the sewer system? What does it say?
Speaker 5: Does it say did you ever.
Speaker 3: Have a problem?
Speaker 5: Do you know of a problem? Is there a problem?
Speaker 3: What does it say?
Speaker 6: Yeah?
Speaker 18: Tom, great questions?
Speaker 25: So that is actually item eye of the seller's property disclosure.
Speaker 25: It says specifically this, It says if you know of
Speaker 25: any problems ever existing? And they put in all bold
Speaker 25: ever existing with the following check yes. And one of
Speaker 25: those questions is the septics. So they talk about when
Speaker 25: the last time it was pumped on, any problems with
Speaker 25: the septics, So that would need to be disclosed if
Speaker 25: there was ever a problem, even if the problem has
Speaker 25: been fixed subsequently, if there was ever a problem, it
Speaker 25: must be disclosed.
Speaker 3: If this guy does not check yes on that because
Speaker 3: it was a failed leach Field, even though he found
Speaker 3: someone who said it wasn't failed, can he claim well,
Speaker 3: there really wasn't ever a problem because the third guy
Speaker 3: said it was a misdiagnosis.
Speaker 25: Well, Tom, you know, yeah, technically he could put that
Speaker 25: on there, but he might be getting himself into some
Speaker 25: muddy waters if he does that. And uh, you know,
Speaker 25: and quite honestly, let me ask you this, the buyer
Speaker 25: who wrote the offer, I'm trusting they had a realter, correct, Yeah,
Speaker 25: well I I think so, yes.
Speaker 3: Okay.
Speaker 25: So another thought too is that relter could potentially send
Speaker 25: an email to the listing realtor and say, hey, we
Speaker 25: have concerns about this for this reason or whatnot. You know,
Speaker 25: just a food for thought, because then it becomes sort
Speaker 25: of a red flag now that rilter has knowledge of that. Realistically,
Speaker 25: what they should be doing is talking to their clients saying, hey,
Speaker 25: you know, here's a concern, get a new buyer involved,
Speaker 25: and you say, okay, this could you know you, mister
Speaker 25: buyer should still do your own du diligence and do
Speaker 25: your own inspection as well. Yeah, yeah, yeah, you know,
Speaker 25: because there have you ever had people well that's right,
Speaker 25: come go ahead.
Speaker 5: No, I'm fine, go ahead, Frank, Well, I was.
Speaker 25: Going to say, on the seller's property disclosure, there's also
Speaker 25: a portion a lot of people forget about this where
Speaker 25: it says advisory to buyer and where the buyer actually
Speaker 25: signs that. It says the buyer should thoroughly do their
Speaker 25: own investigation as well, not just solely rely on the seller.
Speaker 25: So that is a portion that buyer does acknowledge and
Speaker 25: sign as well.
Speaker 3: Have you ever had something that was certified that turned
Speaker 3: out to be.
Speaker 25: Bad, certified to turn out to be bad?
Speaker 7: I remember one that Frank was involved in, or at
Speaker 7: least helped us out. I don't know if he was
Speaker 7: a realtor, but it was a town home and one
Speaker 7: side flooded and on the disclosure they put there was
Speaker 7: never flood damage, and then of course the neighbor who
Speaker 7: still lived there knew that it flooded and there was
Speaker 7: flood damage.
Speaker 25: Boy Mark, that goes back. I've never personally Tom had
Speaker 25: that that I could recall that I can. Yeah, I've
Speaker 25: done so many of these, but yeah, I mean instances
Speaker 25: like this where we've helped him with troubleshooter, I've seen it.
Speaker 3: Have you ever had any, Frank, how about this one.
Speaker 3: Have you ever had any where you rejected something due
Speaker 3: to an inspection item and you know they never addressed
Speaker 3: it or fixed it, and they resold it to someone else.
Speaker 25: Sure, but if that happens, then it becomes a point
Speaker 25: of disclay. If I'm on the listing side, we certainly
Speaker 25: would disclose that and I would tell my seller that's
Speaker 25: adverse material fact if we have knowledge, and that would
Speaker 25: be disclosed. And I've never had a problem with anybody
Speaker 25: doing that. Now if they did, I'd have to politely
Speaker 25: give the listing back, Tom, because that can get you
Speaker 25: in a lot of trouble if you're not disclosing those things.
Speaker 3: No, I know it, Frank, I mean you're very upfront
Speaker 3: about that.
Speaker 5: You've I've dealt with you in the past. Of course,
Speaker 5: on many houses.
Speaker 3: Frank Duran, the real estate man dot Com went away
Speaker 3: better than Frankie.
Speaker 7: I remember one Frank that you were you. We just
Speaker 7: had this discussion last week. He sold a town home
Speaker 7: and they said that the address was correct. Now I'm
Speaker 7: not getting this perfect, but in that the address had
Speaker 7: been split properly, and everybody thought it had. But it
Speaker 7: did not get split. In other words, it was just
Speaker 7: one room. But that was literally on the disclosure for
Speaker 7: a townhouse.
Speaker 3: You told me, right, yeah, So what it.
Speaker 25: Was is we had checked with title ahead of time
Speaker 25: to confirm this and they'd said it was legally split.
Speaker 25: And so what happened is when we'd got to close. Now, now,
Speaker 25: typically guys, though in a normal transaction, what would normally
Speaker 25: happen is the buyer would say, okay, well, then why
Speaker 25: don't you just fix it? Title offered to fix it.
Speaker 25: This particular buyer says, nope, what else you're going to
Speaker 25: give me? And it became a point of negotiation. Of course,
Speaker 25: it went to mediation. It did you finally get solved,
Speaker 25: Thank god, it did. But that was something where we
Speaker 25: the title company had erroneously said it was split when
Speaker 25: it was not.
Speaker 3: Thank you Frank durand the real estate man dot com
Speaker 3: three oh three nine two zero sixteen twenty two. Don't
Speaker 3: forget his free market evaluations as well.
Speaker 5: So, Katie, we talked to Dan McKenzie off the air.
Speaker 3: He had to run.
Speaker 5: He said, the best thing you're gonna do.
Speaker 3: First of all, if it's a single member LLC or
Speaker 3: a single member business, it's going to be a disregarded entity.
Speaker 3: You don't have to go after the business. You can
Speaker 3: go after him personally, and you can do it in
Speaker 3: small claims court. He said, you should probably sue both
Speaker 3: the estate and the company both.
Speaker 15: Okay, great, and since.
Speaker 3: It's seventy five hundred, you have the luxury of going
Speaker 3: to small claims court.
Speaker 15: Okay, that's that's good advice. Thank you so much. I
Speaker 15: appreciate it.
Speaker 3: Do you think his personal estate has the money to pay.
Speaker 15: His personal estate?
Speaker 3: Does? I know?
Speaker 9: His business does not?
Speaker 13: So that's why I felt, you know that, I was.
Speaker 3: Very disc almost does his personal estate have.
Speaker 15: Well, here's all I know they He and his family
Speaker 15: owned several pieces of property in Jefferson County, so I
Speaker 15: know that much. Now that's not to say that things
Speaker 15: are you know, I don't know.
Speaker 18: You know, we'll see, you.
Speaker 22: Know, we'll see.
Speaker 5: Yeah, it doesn't matter what his family owns, you know that, right.
Speaker 15: Right, yes, exactly, it's his personal estate. I'm saying, he
Speaker 15: and his wife.
Speaker 13: I know, he and his wife. We're doing just fine,
Speaker 13: but the.
Speaker 15: Business itself probably wasn't. So if I can go after
Speaker 15: the personal estate and recoup it, that would.
Speaker 3: Be great, all right, three zero three seven one three
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Speaker 3: Content time for an insurance check up, free no. Obligation in,
Speaker 3: comparison call compass insurance paying too much your coverage at
Speaker 3: dozens of insurance. Companies find out now three oh three
Speaker 3: seven seven to. One. Help you'll think you're his only
Speaker 3: customer when you Choose frank durand the real estate man
Speaker 3: dot com to list your home With Remax alliance three
Speaker 3: oh three nine two zero sixteen twenty. Two, Okay I'm.
Speaker 5: Tom, martino your trouble.
Speaker 3: Shooter welcome to the. Show so we have some interesting
Speaker 3: things in the NEWS i wanted to talk. About but
Speaker 3: get your calls. In i'll take your. Calls The Treasury
Speaker 3: department suspended that ridiculous AFTER i spent time doing all
Speaker 3: of our little businesses THE boi Beneficial, wait, wait that's
Speaker 3: good for beneficial ownership. Interest, yeah you don't have to
Speaker 3: you don't have to fill that out. Anymore oh Was
Speaker 3: biden thinking that we're trying to get to. Everyone he
Speaker 3: had to have something for those new twenty million irs
Speaker 3: agents to.
Speaker 14: Dot moron Using biden and thinking in the same, sentence is.
Speaker 3: Was his administration the absolute worst For god's sakes in my.
Speaker 3: Lifetime although people would Argue biden created, this it Said
Speaker 3: biden created it to target mainly small to medium sized
Speaker 3: businesses and mainly because most of those were skewed. Conservative
Speaker 3: do you really believe he'd be that small? Minded.
Speaker 4: ABSOLUTELY i, mean if you look at the, exemptions it's
Speaker 4: something like over twenty twenty employees or.
Speaker 3: Exempt there is no need FOR. Boi it was created
Speaker 3: to help stop. Crime under The biden, administration they were
Speaker 3: also doing audits this stop. Too remember they were going
Speaker 3: to start requiring you to send in information on any
Speaker 3: expenditure over six hundred dollars on any. Account, Ever, YEAH
Speaker 3: i think that preceded The biden.
Speaker 4: Administration that WAS i believe that was supposed to start
Speaker 4: during The obama administration and then they reversed it at
Speaker 4: the last.
Speaker 3: Minute and now they reversed it. Again but they're not
Speaker 3: going to be able to do. This but can you
Speaker 3: imagine submitting and this is not just for, business this
Speaker 3: is everyone in The United states with a bank, account
Speaker 3: not just a bank. Account that was for all.
Speaker 4: Everybody you paid as a business more than six h
Speaker 4: six hundred, bucks that's a typical ten ninety nine.
Speaker 3: Requirement, yeah but they wanted a special. Report you had
Speaker 3: to show the transaction in your bank. Account. Yeah, Man
Speaker 3: Basically biden was saying everyone, sucks everyone's crooked and we're
Speaker 3: going to go out and get them. All, yeah and
Speaker 3: look who's talking The biden crime. Family and do you
Speaker 3: know that they were literally looking at The Catholic church
Speaker 3: as a domestic terrorist. Organization that that's coming out now
Speaker 3: that we have THE fbi being taken over by saying
Speaker 3: people so and also domestic terrorists were people against abortion?
Speaker 4: Rights were those who spoke out at school board meetings
Speaker 4: against school board?
Speaker 3: Policies oh, oh parent teacher organ all kinds of parent.
Speaker 3: Organization mothers got thrown in jail for. Opposing but they
Speaker 3: were being. Investigated they were being. Investigated that's what's scary about.
Speaker 3: It so you don't have to worry about that trap. Anymore,
Speaker 3: really to be, curious how youse tariffs go? Tomorrow how the?
Speaker 5: Oh now tell me what's going on?
Speaker 3: There, well Tomorrow's mexico And, CANADA i think on. Everything,
Speaker 3: oh that's, Right, well that's, right because what was he
Speaker 3: what was he asking them to do to avoid that
Speaker 3: they refused to do coming into the country killing our.
Speaker 3: People WHAT i don't understand is how do you just
Speaker 3: how do you basically come on man In, mexico you
Speaker 3: hit the cartels that are bringing it.
Speaker 7: In but because the cartels are in bed with the
Speaker 7: president and the entire. Government that's pretty hard to. Do,
Speaker 7: NOW i want to tell you about some popularity issues
Speaker 7: THAT i find. Amazing so somebody did a poll and
Speaker 7: actually this is.
Speaker 3: iHeart. iHeart though didn't do the, poll but they they
Speaker 3: summon the poll for the approval of issues covered by
Speaker 3: The trump. Administration how what percentage of this country do
Speaker 3: you think supports deporting criminal illegal? Immigrants, well anybody that WATCHES,
Speaker 3: tv no say it's eighty. Percent, okay, yeah you're. Right
Speaker 3: and so did you see this entire? POLL i see
Speaker 3: those polls every.
Speaker 7: Day they change, constantly BUT i mean typically that particular
Speaker 7: question hangs right about eighty Percent democrats of courting on
Speaker 7: the Lower republicans, hire but across both it's eighty percent.
Speaker 5: Who believes indge in what they're.
Speaker 3: Doing sixty.
Speaker 1: Percent what?
Speaker 3: Percentage seventy six, percent, wow seventy six. Percent, now who
Speaker 3: wants to actually close the border or put in additional
Speaker 3: strict security and? Policies what? Percentage sixty three, percent seventy six,
Speaker 3: percent seventy six. Percent what about this? One, oh this,
Speaker 3: one keeping biological men who are born men out of
Speaker 3: women's sports sixty nine percent according to the Latest, oh
Speaker 3: that's actually. Shocking i'd like to hear from one of the.
Speaker 3: Reports what's shocking about? It you thought it would be? Higher,
Speaker 3: oah by. FAR i can't imagine anybody, that, LIKE i
Speaker 3: think it was a javelin. Thrower, no it was a pole.
Speaker 3: Vaulter pole Vault what is?
Speaker 1: That pole?
Speaker 3: Vaulting pole? VAULTER a.
Speaker 7: Vaulter vaulter was in povolts mediocre at best on the men's,
Speaker 7: team so he switched over to the girls team and
Speaker 7: of course won the.
Speaker 3: Gold it's. Crazy you know what else is? Crazy? More
Speaker 3: what about the percentage of people that believed the government
Speaker 3: in their applications and otherwise should declare only two.
Speaker 5: GENDERS i, mean who wouldn't it's sixty eight.
Speaker 3: Percent, god it's so. Crazy what percent wants to end
Speaker 3: race based hiring seventy? Five sixty five?
Speaker 14: Percent, well there are a lot of dumb people out.
Speaker 3: There well what? Percent, NOW i don't even know what
Speaker 3: that means race based hiring BECAUSE i didn't see the
Speaker 3: question that means was? It it's pretty.
Speaker 7: Simple they hire people based upon the color of their
Speaker 7: skin instead of hiring them on you, know what they.
Speaker 7: Know it's pretty simple and well and Like mark or
Speaker 7: does it mean go?
Speaker 3: Ahead i'll, say if you look at What.
Speaker 23: Mark said about The Academy, awards the ridiculous criteria that
Speaker 23: they use for allowing an, entry it defeats the whole
Speaker 23: purpose of The Academy, awards which was to reward autistic
Speaker 23: achievement rather than reward inclusion.
Speaker 3: Policies what percent, NOW i told, you like seventy six
Speaker 3: percent or more is in favor OF. Doge but what
Speaker 3: percent believes we should freeze everything going to the foreign
Speaker 3: country through usaid and evaluate each one.
Speaker 5: Independently fifty one sixty three?
Speaker 3: Percent it's more THAN i. Thought what percentage supports tariffs.
Speaker 18: As a?
Speaker 3: Weapon it doesn't say as a weapon of sixty five
Speaker 3: sixty one? Percent what percentage wants to continue negotiations to
Speaker 3: End ukraine war With russia Or russia's war with a sixty?
Speaker 3: Percent but what are the other forty? ONE i don't.
Speaker 3: Know if it was a mead, grinder fifty percent support
Speaker 3: direct negotiations by THE us With russia And. Ukraine what
Speaker 3: percent support cutting government and spending spending already approved By? Congress,
Speaker 3: NOW i don't know what that means because they talk about,
Speaker 3: doze then they talked ABOUT us, eight AND us eight
Speaker 3: is technically already, approved but yet.
Speaker 7: A lot of that mean If congress already allocated money to,
Speaker 7: something pulling it, back.
Speaker 3: Sixty percent think you should be able to cut it
Speaker 3: even if the government approved. IT i can't wait till
Speaker 3: they get rid of The department Of. Education by the,
Speaker 3: way did that lady? REPORTS i don't, Know ACTUALLY i don't.
Speaker 3: Know i'll check what percentage of people's support ending the
Speaker 3: ban on offshore? Drilling eighty fifty seven. Percent, yeah that's. Shocking,
Speaker 3: well you, know the country is kind of you, know
Speaker 3: it's it's it's it's right WHERE i think it's mostly
Speaker 3: down party, lines except there's a big percentage of liberals
Speaker 3: that come. Over because you the country is pretty much
Speaker 3: fifty to fifty liberal, conservative not according you've said so. Far, well, no, no,
Speaker 3: no you're right according to these polls on the, issues
Speaker 3: excus more. Conservative but the, country as registered voters, go
Speaker 3: aren't they more fifty to fifty or? NO i thought, They, well.
Speaker 23: Look at the vote on the last presidential. ELECTION i
Speaker 23: mean it was like fifty one forty.
Speaker 3: Nine, Right, Well i'm not talking about who voted for.
Speaker 5: People, No, No i'm talking ABOUT.
Speaker 23: I was supporting your theory that it's about fifty to Fifty, tom.
Speaker 14: Even the general election people it was it wasn't that
Speaker 14: far from.
Speaker 3: A fifty to fifty.
Speaker 5: Split it was when you looked at the. Counties, well,
Speaker 5: No i'm.
Speaker 14: Talking about the popular.
Speaker 3: Vote oh but when it comes to, liberals there are
Speaker 3: more liberals per capita In colorado than In. California we
Speaker 3: always talk about how Liberal california. Is colorado's more. Liberal
Speaker 3: it's because they all moved here From. California, yeah can
Speaker 3: you believe? This and now they roached out our.
Speaker 5: State, anyway we have more coming. Up I'm Tom.
Speaker 3: Martino three oh three seven one three talk seven one
Speaker 3: THREE a two five. Five you are listening to The Troubleshooter.
Speaker 3: Show go with a Sure Thing Denver's best Roofer Excel
Speaker 3: roofing dot. Com you don't pay a cent until you're.
Speaker 3: Content time for an insurance check up, free no. Obligation in,
Speaker 3: comparison Call Compass insurance paying too much your coverage at
Speaker 3: dozens of insurance companies find out now three oh three
Speaker 3: seven seven to one Help you'll think you're his only
Speaker 3: customer when you Choose frank durand the real estate man
Speaker 3: Dot com to list your home With Remax alliance three
Speaker 3: oh three nine two zero sixteen twenty. Two, Hey I'm
Speaker 3: tom three oh three seven one three talk three o
Speaker 3: three seven one three eight two five. Five you, know
Speaker 3: we were talking a bit about The, oscars OR i,
Speaker 3: was AND i really believe WHEN i said this that
Speaker 3: The oscars last NIGHT i think was one of the
Speaker 3: Best oscar Shows i've. Seen AND i don't, LOOK i
Speaker 3: don't look to see, them But stephanie likes. It So
Speaker 3: i'm there And i'm doing it. Right so What i'd
Speaker 3: like to know is MOVIES i don't, Like AND i, guess,
Speaker 3: WELL i don't know IF i should SAY i don't.
Speaker 3: Like have you noticed?
Speaker 1: Though and and.
Speaker 3: When movies have an? Agenda And i'm not talking about
Speaker 3: independent films like that do it on purpose documentaries and.
Speaker 3: Stuff you, know there's a lot of good social commentary
Speaker 3: done with. Movies But i'm talking about like regular, movies,
Speaker 3: dramas live, action where they have an agenda or they
Speaker 3: sneak in an. Agenda you mean his Name, Moore Roger,
Speaker 3: moore that fat slab. Guy, well, no he. Does now
Speaker 3: that's what all he. DOES i mean, that thank. You
Speaker 3: those are his. Documentaries But i'm talking about a regular
Speaker 3: movie that is literally pushing an. Agenda a movie like you,
Speaker 3: know just you watch it and you, say, oh, MAN
Speaker 3: i feel LIKE i got to take a. Shower they're
Speaker 3: pushing an agenda of some, kind either a woke agenda
Speaker 3: or a conservative agenda or. Whatever they're not just doing a.
Speaker 3: Movie they're not just trying to entertain. You they're trying
Speaker 3: to get a message. Across how about, It Tom, WELL i,
Speaker 3: mean a good message is all in the eye of the.
Speaker 3: BEHOLDER i don't even know what that.
Speaker 23: MEANS i was Telling walkinsuzannah about a great movie CALLED
Speaker 23: a Six Triple eight about a bunch of black women
Speaker 23: who were in The Women's army corn In World War.
Speaker 3: TWO i love, IT i loved.
Speaker 14: It wasn't that a great?
Speaker 3: Movie is that With Kerrie? Washington?
Speaker 14: Yeah where they did the postal.
Speaker 3: Stuff Tyler perry made that.
Speaker 23: Movie, Anyway the point is they assigned these women to
Speaker 23: straighten out the mail going to and from the servicemen
Speaker 23: In World war, two and they did an incredible.
Speaker 14: True, story right.
Speaker 23: True that's present an agenda that black women are as
Speaker 23: tulable as anybody, else which is a good, message but
Speaker 23: it's still a.
Speaker 3: Message, yeah, YEAH i did, not you know, WHAT i
Speaker 3: can't deny, that, Doc BUT i didn't get the impression
Speaker 3: WHEN i was watching the.
Speaker 5: Movie, well oh, no, no of COURSE i.
Speaker 3: Did you're, right they were discounting them because when black
Speaker 3: women joined the. Military you, know when black men joined the,
Speaker 3: military they went to. Fight, okay they had they had
Speaker 3: black they had black, cores but they went and they.
Speaker 3: Fought when and when white women, joined they did air
Speaker 3: transport and they did a lot of important. Jobs and
Speaker 3: but when when black women, joined they were given cleaning
Speaker 3: duties and latrine and, really really, true they were given really,
Speaker 3: menial disgusting. Tasks so what this was about was that
Speaker 3: black women can do. Something but what that wasn't the whole.
Speaker 3: Idea so when they discovered they had a major problem
Speaker 3: with morale because these troops were not getting their mail
Speaker 3: and the male was being all kind of fed up
Speaker 3: all over the. Place the mail was not getting where
Speaker 3: it's supposed. To sometimes letters were not delivered for six
Speaker 3: to eight months after somebody had been, dead and and
Speaker 3: it was it was. Atrocious but what happened was a
Speaker 3: couple of these generals when they saw this was so screwed,
Speaker 3: up they, said let's give it to you know, Who
Speaker 3: and it was the black. Women and the reason wasn't
Speaker 3: to see not because they thought they were. Capable they
Speaker 3: did it knowing that no one could. Succeed so if
Speaker 3: you're going to have someone exactly, so if you're gonna
Speaker 3: have somebody, fail let it be black, women because we
Speaker 3: know they're all. Losers, anyway that was their whole, intent
Speaker 3: was to reinforce the stereotype and to show that you,
Speaker 3: know they'll never get this job done and we won't be. Blamed,
Speaker 3: hey we gave it the. Effort what they really were
Speaker 3: not bargaining for is that when these black women were
Speaker 3: put on assignment for this and sent to this one
Speaker 3: central country where they had this old, headquarters they cleaned
Speaker 3: up and made, beautiful and then they started they started
Speaker 3: coming up with systems in order to organize and mail
Speaker 3: started getting. Delivered they actually, said oh my, god they actually.
Speaker 3: Work and it not only, worked it revolutionized the way
Speaker 3: mail was sent in the armed, forces and then later on.
Speaker 5: THE Us Postal service adopted some of those.
Speaker 3: Practices it was, aspiring wonderful. Movie but when when you
Speaker 3: talk about a movie like, that that wasn't an agenda
Speaker 3: saying everyone is evil and only black women are capable
Speaker 3: and they've been put down on the farm too. Long
Speaker 3: it was it was more. Positive Tyler perry is more positive.
Speaker 14: That you can have an. Agenda that's. Good that's, Right
Speaker 14: that's What i'm.
Speaker 3: Saying that's.
Speaker 23: Right just because they're portraying a message doesn't mean it's
Speaker 23: a bad movie or a bad.
Speaker 14: Message this is a great sturge to send and done
Speaker 14: in an incredible way with a movie that was.
Speaker 3: Spellbinding now one of the agenda movies THAT i absolutely.
Speaker 3: Hated and of COURSE i, think did he win An Academy?
Speaker 3: Award one of the guys that used to be a
Speaker 3: talk show host here on kh you actually did he
Speaker 3: win The Academy? Award or did?
Speaker 5: He was he nominated for the?
Speaker 3: Screenwriter look it?
Speaker 5: Up don't look? Up did anyone see the?
Speaker 3: Movie don't look? Up so? Stupid?
Speaker 5: Now what it was?
Speaker 3: About and it was all the woke actors and everything
Speaker 3: was what it was. About it was about a comet
Speaker 3: speeding Toward earth that was going to destroy the, earth
Speaker 3: and they it was so catastrophic that there was no real. Solution,
Speaker 3: well there could have been some if they started planning.
Speaker 3: Soon So Leonardo DiCaprio's character goes To washington and the catchphrase,
Speaker 3: was well then just don't look up if you're you,
Speaker 3: know and and it was a direct. Correlation do you
Speaker 3: know what it was, about, mark a direct correlation to
Speaker 3: climate satire to climate. Change exactly what it was saying
Speaker 3: is that if you just ignore climate, change it won't.
Speaker 3: Happen and that's what they were saying about this. Comet
Speaker 3: don't look.
Speaker 5: Up, NOW i will say it was a.
Speaker 7: Clever everybody believes the climate. Changes everybody believes, that but
Speaker 7: it's whether or not it's, natural or whether or not
Speaker 7: one country can do anything about it when the rest
Speaker 7: of the countries, don't.
Speaker 3: Or even if all countries got. Together one, volcano one
Speaker 3: volcanos like what every country with the worst cars ever
Speaker 3: at any time in history for ten years or twenty
Speaker 3: years or. Something so here's the. Deal the deal is
Speaker 3: he it Was, sharota, right what's his? Name what's his?
Speaker 1: Name?
Speaker 3: David?
Speaker 1: David did he?
Speaker 9: Win?
Speaker 3: Well he was he was With, brown didn't they? Put
Speaker 3: wasn't he paired With brown as a talk show host
Speaker 3: or not or was no? Idea, yeah he was on
Speaker 3: the afternoons with someone here ON K. HOW i forget
Speaker 3: who he was, With David, sarota and it could have
Speaker 3: Been Ross, KOMINSKY i don't, know but they were on
Speaker 3: together and one was a. Conservative no, no then they
Speaker 3: would have both been because they're never, Mind, Yeah saroda's.
Speaker 3: Liberal Think, toto, no, no, LISTEN i know damn well
Speaker 3: That saroda was ON. Khw you, do, OKAY i absolutely
Speaker 3: know WHAT i.
Speaker 5: Mean it's not Like i'm.
Speaker 3: HALLUCINATING i worked AT koa FOR K how AND koa
Speaker 3: for nearly fifty, years AND i know every talk show
Speaker 3: host that was ever. There and he was a talk
Speaker 3: show host in the afternoon ON, khow and then he
Speaker 3: left and But sarota was paired with SOMEBODY i think
Speaker 3: it Was. Kamensky Maybe ross would, know but they had
Speaker 3: a talk show and then he. Left but he wrote,
Speaker 3: this did he win the award or?
Speaker 5: Not did it?
Speaker 3: SAY i have no? Idea i'm still looking AT i,
Speaker 3: MEAN i think that's pretty damn. Impressive by the, way
Speaker 3: it was a clever use of satire the way he did.
Speaker 3: It don't look, up but it was such a terrible. Movie,
Speaker 3: anyway does anyone remember, where uh Where serota was on
Speaker 3: this on this? Station let me. Know three oh three
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