Speaker 1: Yea ripped.
Speaker 2: News needed that's who you don't.
Speaker 3: Have come Running's just as fast as we can.
Speaker 2: Shooter's gonna help come man Dix.
Speaker 1: He is the Troubleshooter Show.
Speaker 4: Now, Tom Martino, Hi, Tom Martino here, Welcome to the show.
Speaker 4: Three oh three Martinos the number twenty four seven, three
Speaker 4: oh three, six two seven, eight four sixty six. You
Speaker 4: can always call us also at three oh three seven
Speaker 4: one three talks seven one three A two five five.
Speaker 1: So why am I laughing? Well?
Speaker 4: I tasked Mark with a simple a simple duty. Now
Speaker 4: if it turns out to be me, but I looked
Speaker 4: up why this is happening. By the way, Welcome everyone.
Speaker 4: This is the show where we solve problems, answer question
Speaker 4: to take complain. I'll talk to you about the very
Speaker 4: important show we have coming up and all of the
Speaker 4: stuff we have going on right now. Though I uh,
Speaker 4: I know a lot of you want to see studio
Speaker 4: video and we're figuring this out.
Speaker 1: We've got a brand new YouTube system.
Speaker 4: It's actually better, but we're just working out the But
Speaker 4: I want to show you that I have a little
Speaker 4: problem here, and that is when I show my zoom people.
Speaker 4: Because when I show the Zoom it for some reason
Speaker 4: comes up upside down.
Speaker 1: Why, I have no idea trying to figure it out,
Speaker 1: but we uh, it's coming in upside down, and everything
Speaker 1: that I'm reading says that's on the other end.
Speaker 4: They might they have their camera flipped somehow, but in
Speaker 4: any case, where will work that out and get you
Speaker 4: a picture. Welcome to the show. I'm Tom Martine. By
Speaker 4: the way, three three, I'll work it out during a break.
Speaker 4: Three oh three seven one three talk seven one three
Speaker 4: eight two five five. Now, this is what we're talking
Speaker 4: about today.
Speaker 1: We had an attorney call us with a problem that
Speaker 1: sounded unbelievable to me, and she's actually visiting the studio
Speaker 1: with the client. Mark's there at the studio, and then
Speaker 1: we have John Fuller with us as a guest our,
Speaker 1: his personal injury expert. Also really just a man about town.
Speaker 1: He knows a lot about a lot of things, so
Speaker 1: he's going to chime in on a bunch of stuff.
Speaker 1: He's also an expert at evaluating accidents and damages and
Speaker 1: things like that.
Speaker 4: So welcome everyone. Let's talk right now though about this.
Speaker 4: Oh it's right side up now, guys, Thank you, Mark, how'd.
Speaker 5: You do that?
Speaker 1: Didn't do anything.
Speaker 4: Oh oh, come on, you didn't do anything. And all
Speaker 4: I see I see our attorney in client. I don't
Speaker 4: see I see John Fuller, just the edge of him,
Speaker 4: and I don't see you. But that's okay. And then
Speaker 4: I'm going to bring you guys up very soon. But
Speaker 4: in any case, can you explain this car deal to
Speaker 4: us and how you came about, how you know about it.
Speaker 4: It's terrible, and you said you would get back in
Speaker 4: touch with this. You sent us stuff.
Speaker 1: But I want you to explain this car deal. And
Speaker 1: then I'm going to go to the phones of course.
Speaker 1: Three three seven one three talk seven one three eight
Speaker 1: two five five or three oh three Martino.
Speaker 4: Okay, let's talk about our problem with the car. I'm sorry,
Speaker 4: I don't have your name right handy. I'm so sorry.
Speaker 4: I'm looking for the original call.
Speaker 6: And that's okay.
Speaker 1: It's bias Raina.
Speaker 4: Yeah, I remember it was a pretty name, Raina. Raina,
Speaker 4: talk to me. I'm looking for the original call.
Speaker 1: But it sounded outrageous, and he came to.
Speaker 4: You because he didn't know what to do. So explain
Speaker 4: the situation so we can understand. It's very complicated.
Speaker 7: So and Ron is here with us, as well, So
Speaker 7: thank you so much for having us on. Ron Simpson.
Speaker 7: He is he's a great guy, former teacher, retired, former
Speaker 7: military and he unfortunately is has terminal cancer. He's going
Speaker 7: to pass away from mesothomeilia and he hasn't been given
Speaker 7: much longer to live. So he decided that his dream
Speaker 7: was to go to the coast. He wanted to get
Speaker 7: his dream car, which is a Mercedes Benz. He drove
Speaker 7: a toe to Avalon, completely paid off. He wants his
Speaker 7: dream car and he wants to go to the coast
Speaker 7: and he wants to see the ocean. So he goes
Speaker 7: into Colorado Springs Mercedes Benz and he speaks with them
Speaker 7: about buying a vehicle. So he buys a Mercedes Benz
Speaker 7: and trades in. Has fully paid off Avalon and also
Speaker 7: pays his down payment, and they sell it to him
Speaker 7: for forty three thousand, three hundred dollars.
Speaker 6: Nothing shady about that.
Speaker 7: And then as he's speaking with them, they start talking
Speaker 7: him into service contracts. Now, mind you this, he's terminal,
Speaker 7: he's been given very short time to live. He doesn't
Speaker 7: need a service contract. He's in active chemo. So he's
Speaker 7: talking to them about the service contract, and he's getting
Speaker 7: a little bit confused. Okay, he just turned seventy five.
Speaker 7: I just found out his birthday was a couple of
Speaker 7: days ago. And so he talks to them and they
Speaker 7: sell him thirteen thousand dollars worth of service contracts, a
Speaker 7: maintenance contract and a service contract. So he walks out
Speaker 7: not quite understanding fully what his deal was, and they
Speaker 7: take a while to give.
Speaker 6: Him his car.
Speaker 7: He finally gets his car and he gets his first
Speaker 7: payment Couvon, and it's seven hundred dollars, and it's much
Speaker 7: more than he thought he was going to owe, right
Speaker 7: because he brought this twenty thousand dollars toy to avalon
Speaker 7: In and brought in a down payment. So how in
Speaker 7: the world does he owed seven hundred dollars And he's
Speaker 7: on a fixed income.
Speaker 6: You know, he did have a savings account.
Speaker 7: His wife previously passed away recently from cancer, and a
Speaker 7: lot of a lot of her treatment was paid for
Speaker 7: by the savings account, So he really doesn't have a
Speaker 7: lot left. He really is on a fixed income. So
Speaker 7: he decides he can't afford it. You know, he doesn't
Speaker 7: have that much time to live and he can't be
Speaker 7: just burdened with debt. So he goes back to Colorado
Speaker 7: Springs Mercedes Benz and says, take this vehicle back.
Speaker 6: I want my own vehicle.
Speaker 7: I see that you know you still have it. And
Speaker 7: they sit him in the office and he's an active
Speaker 7: chemot for hours and hours and hours, and at the
Speaker 7: end of the deal, he walks out having a thirty
Speaker 7: three thousand dollars loan on his vehicle on the Toyota Avalon,
Speaker 7: despite giving them back the Mercedes Benz a month later.
Speaker 6: This is there's a month in between.
Speaker 4: So his net spend, his net spend after dealing with
Speaker 4: what I'm going to call crooks, What is his net
Speaker 4: spend out of pocket from the day he walked in,
Speaker 4: his net out of pocket that he's lost Okay.
Speaker 7: So he paid approximately nine thousand dollars in all these
Speaker 7: down payments, okay, and he still has a loan on
Speaker 7: his Toyota Avalon. So he gets his vehicle back and
Speaker 7: he's paid nine to do.
Speaker 1: But before that, what did he owe on his car
Speaker 1: on the Avalon?
Speaker 3: Zero?
Speaker 1: Okay?
Speaker 4: So he went in with a car that was paid for,
Speaker 4: got another car, brought it back and he's out nine
Speaker 4: grand plus has a debt.
Speaker 6: That's correct.
Speaker 7: And just so you know, when he went to try
Speaker 7: to get his car back, they sold his car back,
Speaker 7: put dealer in handling on it, put a lien on it,
Speaker 7: and sold him another service contract.
Speaker 1: For four Now I have to ask, I really have
Speaker 1: to ask you the obvious. Yeah, did you just call
Speaker 1: him and say, come on, guys, this is unconscionable and
Speaker 1: we're going to sue the hell out of you? Yes?
Speaker 3: Yes?
Speaker 1: And what did they say?
Speaker 8: So?
Speaker 1: I called them?
Speaker 7: I left a message. I left a message with the
Speaker 7: GM who's this is Phil Long.
Speaker 1: This is Mercedes Benz Phil Long.
Speaker 3: That's right.
Speaker 7: So Phil Long is the owner of Colorado Springs Mercedes
Speaker 7: ben So they do business.
Speaker 4: Okay, we got to call them then, I mean, they
Speaker 4: have to have said, let's undo this thing. They can't
Speaker 4: possibly think. They can't possibly think that this thing is
Speaker 4: gonna fly. By the way, we do have the studio
Speaker 4: up and running. It's on YouTube right now, but they
Speaker 4: can't come on.
Speaker 7: So when I talk to them, what they told me
Speaker 7: was that they would cancel the four thousand dollars service
Speaker 7: contract that they had added on the talk for Avalon
Speaker 7: and that is it.
Speaker 1: But what are they gonna do about all of the
Speaker 1: other money.
Speaker 6: I called them and call them.
Speaker 7: We played a little bit of phone tag, and then
Speaker 7: I just kept calling and honestly, Tom, I was like, look,
Speaker 7: I got to take to the next level. If you
Speaker 7: guys don't call me back. They didn't call me back,
Speaker 7: and I called you all.
Speaker 4: Right, let's okay, who wants to take this? I'm serious.
Speaker 1: We got to call them and just say, look that
Speaker 1: the jig's up. This is the top.
Speaker 9: We called them on Friday. The sales manager is off today,
Speaker 9: he's in tomorrow.
Speaker 1: Why let's talk GM of the damn place. Let's talk
Speaker 1: to the GM. This is this is, this is truly ridiculous.
Speaker 4: I mean, if you chart this out, okay, he went
Speaker 4: in with a paid off car worth twenty grand, right
Speaker 4: plus he put down five grand originally, right, So that's
Speaker 4: fun twenty five thousand plus alone.
Speaker 1: Right. The loan for that original car was how much
Speaker 1: the original loan.
Speaker 6: Thirty nine thirty nine.
Speaker 4: So basically, if you take the thirty nine plus the
Speaker 4: twenty plus the five.
Speaker 1: I mean, how much did he pay for that damn car?
Speaker 4: Think about it. Just because you get away with it doesn't.
Speaker 1: Make it right.
Speaker 4: I mean, really, Am I reading that correctly? Twenty thousand dollars?
Speaker 4: His car was worth twenty grand? Is that retail twenty grand?
Speaker 4: Are we being real this stick here on that car?
Speaker 4: Twenty grand?
Speaker 6: I would say so, I would say that that's about
Speaker 6: a realistic.
Speaker 4: Value of the So twenty plus you put five thousand
Speaker 4: down originally, right, Yes, that's right, that's twenty five plus
Speaker 4: plus thirty nine.
Speaker 1: So he paid sixty four thousand dollars, sixty four thousand
Speaker 1: dollars for a what.
Speaker 6: A Mercedes Benz.
Speaker 1: Is it?
Speaker 6: What model S class dreamcar?
Speaker 7: What twenty eighteen Mercedes Benz S Class?
Speaker 1: What does that worth? Did you do a compound that
Speaker 1: I did?
Speaker 6: It's worth about thirty nine thousand.
Speaker 4: So he double paid for that car almost, yes, and
Speaker 4: then goes away, wants.
Speaker 1: To get his car back. He takes his car back
Speaker 1: and they put an extended warranty on it. Oh my god.
Speaker 10: Yeah, but now he doesn't have the Mercedes, he doesn't
Speaker 10: have the nine thousand. He does have a thirty three
Speaker 10: thousand dollars loan on the same vehicle he showed up
Speaker 10: with that was paid off.
Speaker 4: And actually, isn't it ninety seven hundred dollars in cash
Speaker 4: forty seven down the second time forty seven hundred.
Speaker 3: Yeah.
Speaker 1: Yeah, I mean, if you chart this out, this is immoral.
Speaker 4: And you know what, Okay, Mark, if ever we needed
Speaker 4: to take a video camera and go to Colorado Springs,
Speaker 4: you and I need to do this.
Speaker 1: You tell me when I need the distraction.
Speaker 4: You tell me we're going to go down and walk
Speaker 4: into that damn showroom and we're going to if you
Speaker 4: want to come with us, if the victim wants to
Speaker 4: come with us.
Speaker 1: This is wrong. This is wrong. This is wrong. There's
Speaker 1: no two ways. And you know what, people, I have
Speaker 1: no qualms about telling you to call down to Colorado
Speaker 1: Springs Mercedes and ask them, how dare how dare they
Speaker 1: do this to a man with terminal cancer? For God's sakes?
Speaker 1: How dare they do it? Those churchs?
Speaker 9: So I have an update.
Speaker 1: They just hung up on me. Give me the number.
Speaker 11: Would refuse to.
Speaker 1: Come on air? For Give me the number. Give me
Speaker 1: the number.
Speaker 3: I got it.
Speaker 1: You read still Long? Call it now.
Speaker 4: This is Colorado Springs, Mercedes, and it phill Long's Colorado Springs.
Speaker 1: Mercedes hold On owns it.
Speaker 9: Mercedes Benz of Colorado Springs.
Speaker 1: Mercedes Benz of Colorado Springs, and.
Speaker 9: The GM apparently has his door closed as I was told,
Speaker 9: and is in meetings of people.
Speaker 4: Do you understand we're doing a good of public service here.
Speaker 4: I'm not going to ask you to be vulgar. I'm
Speaker 4: not going to ask you to be anything except you
Speaker 4: tell them you heard about this, and you will let
Speaker 4: absolutely every single person in the world.
Speaker 1: Know about it. Okay, you ready for the number? Yes?
Speaker 4: I am seven nine six six three nine two two
Speaker 4: six eight two two six eight Okay, Now I'm okay.
Speaker 4: I want to ask Rain of something in John something
Speaker 4: because you know, they they hear me talk and probably think, oh,
Speaker 4: this guy, you know, back in the day, he took
Speaker 4: a few law courses and thinks he's lower and he's
Speaker 4: nowhere close And you're right, I'm not. But is there
Speaker 4: ever something called okay, is there something ever so unconscionable that,
Speaker 4: even though this man may have signed his name seriously,
Speaker 4: is there ever anything like that where a judge or
Speaker 4: some the court of equity says, are you kidding me?
Speaker 1: Is there something that can happen like this?
Speaker 12: Tom?
Speaker 13: To me, this borders on criminal okay in terms of
Speaker 13: an at risk and adult at risk adult. I mean,
Speaker 13: I think you're taking advantage of it. It's fraud I mean,
Speaker 13: I don't care how you look at it. It's a
Speaker 13: fraudulent case. He's an at risk adult. To me, that's criminal.
Speaker 13: Although what we're seeking here is civil damages. But my
Speaker 13: concern is, you know, and this is kind of morbid.
Speaker 13: But the challenge with at risk you know, clients and
Speaker 13: stuff is that, in many respects, the damages that we
Speaker 13: have in this case, should you pass away, sir, Those
Speaker 13: damages go away and you're left with just the economic
Speaker 13: aspects of which are not insignificant. But to me, the
Speaker 13: non economic components are way worth more than the economics.
Speaker 1: But have you looked into the criminal side of this.
Speaker 7: We haven't looked into the criminal side of this, just
Speaker 7: because I do civil work, right, so I don't usually
Speaker 7: do criminal work and civilly. I think that we might
Speaker 7: have a claim for fraudulent misrepresentation. I think we might
Speaker 7: have a claim for negligent misrepresentation. And the negligence comes
Speaker 7: in because when they sold him the service contract, sure
Speaker 7: he signed his name. Now, granted he's under a lot
Speaker 7: of pressure, he was in active chemo.
Speaker 13: They should have recognized this there's way an at risk
Speaker 13: adult and not one that you know is in an
Speaker 13: equal bargaining position to buy anything.
Speaker 6: Yes, exactly.
Speaker 7: And they should have told him when they came to
Speaker 7: return the vehicle that if he canceled the service contracts,
Speaker 7: he would have gotten almost every single dollar of that back.
Speaker 6: And they didn't do it.
Speaker 7: And they didn't do it because dealerships make money off
Speaker 7: of every single service contract that they sell. They get
Speaker 7: cut off the top, so they didn't do it so
Speaker 7: that they could pocket that money. And yet now he's
Speaker 7: left with thirteen thousand dollars that he owes in a
Speaker 7: service contract on a vehicle that he doesn't even own anymore.
Speaker 4: Yeah, I have to take a break or I'm going
Speaker 4: to be beat up by Shannon. I'm Tom Martino three
Speaker 4: zero three seven one three talks seven one three eight
Speaker 4: two five five more. Coming home, Go with a sure
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Speaker 4: twenty two. Hi Tom Martino, you're troubleshooter three oh three
Speaker 4: seven one three talks seven one three eight two five five.
Speaker 1: Welcome to the show.
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Speaker 1: but I'm telling you waterpros dot net three three eight
Speaker 1: six two five five five four, so I know we
Speaker 1: have other people aside from this car deal but this
Speaker 1: car deal is so unconscionable it makes me sick. Marianne said.
Speaker 1: She called down there, Marianne, what happened when you called
Speaker 1: down there?
Speaker 14: Well, I chose to speak to the sales department, a
Speaker 14: man who identified himself as.
Speaker 1: Oh it does it doesn't matter, It doesn't matter.
Speaker 14: You talk to him about what I just said, that
Speaker 14: I was listening to Tom Martino's show and that I'd
Speaker 14: listened to a situation that sounded to me unconscionable.
Speaker 5: Yes, that they would do business that way.
Speaker 8: He was incredibly rude right from the get go.
Speaker 14: Of course we win, he said, And he said, well,
Speaker 14: what happened? I said, I don't know everything, but I said,
Speaker 14: a man who is I understand, terminally ill, came in
Speaker 14: and traded in a vehicle, had second thoughts, came back
Speaker 14: and got his car back, and ended.
Speaker 8: Up in a really, really bad financial situt.
Speaker 1: I'm going to lay it out. I'm going to lay
Speaker 1: high five in each other down there right now. I'm
Speaker 1: going to lay it out so everyone will understand exactly
Speaker 1: what happened, because that's what we have to do. In fact,
Speaker 1: I've said this to I've.
Speaker 4: Said this to attorneys before, I've said this to people,
Speaker 4: the people who often win in court, and thank you
Speaker 4: for calling. I appreciate that, Marianne, And I'm going to
Speaker 4: give out that number again for and listen.
Speaker 1: When you call him, here's what you tell them.
Speaker 4: He went in with a paid off car, completely paid off,
Speaker 4: and and paid sixty four thousand dollars for a Mercedes.
Speaker 4: Not worth that, okay, but that's okay, he overpaid. All right,
Speaker 4: Let's say he overpaid for that Mercedes. He paid like
Speaker 4: sixty four grand for it.
Speaker 1: Now, on top of that, he took the Mercedes back
Speaker 1: and ended up with his paid off car back. But
Speaker 1: this is the net result.
Speaker 4: He has a twenty seven thousand dollars loan, nine thousand,
Speaker 4: seven hundred bucks out of pocket, plus a four thousand
Speaker 4: dollars service contract.
Speaker 1: So so think about that.
Speaker 4: Think about how not only did he overpay almost twice
Speaker 4: for the car that he bought when he took it back,
Speaker 4: they sold him his car back that was paid off,
Speaker 4: he now has a twenty seven thousand dollars loan on
Speaker 4: his car.
Speaker 1: And nine seven hundred out of pockets. So let's analyze it.
Speaker 4: I look at raw numbers twenty seven thirty seven basically
Speaker 4: with the ten he's got thirty seven thousand dollars that
Speaker 4: he spent to use the Mercedes for How long?
Speaker 1: How long? How long did he have it?
Speaker 4: All?
Speaker 11: Right?
Speaker 6: One month?
Speaker 1: For one month?
Speaker 4: So for doing business with Phil Long Mercedes Benz of
Speaker 4: Colorado springs, this guy with terminal cancer, he ended up
Speaker 4: with a thirty seven thousand dollars bill. How can they
Speaker 4: sleep at night? And how can those a holes? How
Speaker 4: can those bastards not know how evil they are? For
Speaker 4: God's sakes? Am I exaggerating? Please tell me guys in
Speaker 4: the street? Am I exaggerating?
Speaker 1: Did you try to talk to them numerous times?
Speaker 3: Oh?
Speaker 12: I did, as it happened most some of the times.
Speaker 12: When I went in, I ask you to chemo, and
Speaker 12: chemo affects people differently, but it really makes you tired
Speaker 12: and disoriented, and it just wears you down. So they
Speaker 12: kept me till after hours, and I just wanted to
Speaker 12: get home because I have a heart condition. It's called
Speaker 12: t RV anyway, and I feel like coming on again
Speaker 12: any emotion and stuff. But I tried to go in
Speaker 12: and I said, Okay, I'm a big boy, I'm made
Speaker 12: to deal. Let me buy the car. And I wrote
Speaker 12: down the deal. I says, if you think I I'll
Speaker 12: buy the car back, here's your full asking price on
Speaker 12: the car salf I said, I just want the title
Speaker 12: back to my car. That's going to my niece and
Speaker 12: my five thousand. I said that seems fair, and he
Speaker 12: left and six hours later I went on. But the
Speaker 12: deals went like that, and I kept setting new people,
Speaker 12: and I said, I want to talk to the manager,
Speaker 12: and they gave me somebody that talked to me, and
Speaker 12: I think was his first dawn and the job.
Speaker 1: You never got to talk to the manager.
Speaker 12: No, I talked to him. I don't know what he
Speaker 12: called himself.
Speaker 1: But what exact model is that car?
Speaker 3: Sir?
Speaker 12: It's that's five fifty I think fifty. I talked to
Speaker 12: the the deal was the finance director.
Speaker 13: Yeah, And did they try to do it as two
Speaker 13: separate transactions, like he was literally trading in the five
Speaker 13: point fifty and then buying his car back.
Speaker 4: Well, even if they did, even if they did, the
Speaker 4: net net is ridiculous.
Speaker 13: I totally agree. I'm just trying to figure out how
Speaker 13: in the world they got to this point except by
Speaker 13: doing it as two separate transactions.
Speaker 12: I'd like to help you.
Speaker 6: Yep, they did it as two separate transactions. What they
Speaker 6: right is absolutely crazy, absolutely crazy.
Speaker 12: And I went in to try to string it out.
Speaker 12: I said, you know, I got a fair brain. Left
Speaker 12: comes and goes, but let's just sit down. And I didn't.
Speaker 12: I didn't get anybody. Yeah, And I said, this can't
Speaker 12: be right. And they said it's just a service fee.
Speaker 12: And he said the devil's in the details. Don't read
Speaker 12: those contracts. And I said, well, I've learned a lesson,
Speaker 12: but I'm not gonna This is not fair. I don't
Speaker 12: want to happen to somebody else.
Speaker 4: I mean, you know, I can't believe that anyone, anyone
Speaker 4: would look at this deal in management, anyone.
Speaker 1: And they would they would put up with it. People here, Okay,
Speaker 1: you know what, screw.
Speaker 4: All of the technicalities here, this is absolutely wrong.
Speaker 1: There is no middle ground. This is wrong. Here's a
Speaker 1: man on chemo with chemo brain. This is a man
Speaker 1: dying from cancer. This is a man who went in
Speaker 1: there to buy his dream car. Okay, let's call him
Speaker 1: stupid for doing that. Let's call him impulsive, and then
Speaker 1: he takes the car back. Does that mean if someone
Speaker 1: is impulsive and ignorant of law and details. Does that
Speaker 1: mean someone should screw them like this? Because the net result,
Speaker 1: the net result, that's what counts. He walks away.
Speaker 4: He walks away after using that Mercedes for a month
Speaker 4: with a twenty seven thousand dollars loan and ten thousand.
Speaker 1: Dollars out of pocket. That's the net thirty seven thousand
Speaker 1: dollars right now in debt thirty seven thousand, and has
Speaker 1: his old paid off car that was paid off back.
Speaker 1: And in addition to.
Speaker 4: The thirty seven thousand in debt, he's got a four
Speaker 4: thousand dollars extended warranty on the car he traded in.
Speaker 1: Now, these people are evil. I don't care what you say.
Speaker 1: This is evil.
Speaker 4: There's no other way. I'm not gonna pussy foot around
Speaker 4: at seventy one years old. I don't give a damn
Speaker 4: if they come after me. I would love to explain
Speaker 4: to a jury why I call them evil and why
Speaker 4: I believe they are disgusting.
Speaker 1: They are pieces of garbage, and I'm proud to say it.
Speaker 4: Tom Martino is proud to say Fill Long Phil Long's
Speaker 4: Mercedes Benz of Colorado Springs, they are evil. Whoever perpetrated
Speaker 4: the deal is evil, and they should undo the deal,
Speaker 4: or at least if you want to penalize them, and
Speaker 4: you want something for the salesperson and for your time
Speaker 4: and for doc prep take a few grand But for
Speaker 4: this man to go through this at this stage of
Speaker 4: his end of life, who in the world, who anyone
Speaker 4: would say this is okay? And that man, that general
Speaker 4: manager is hiding in his office right now. Don't let
Speaker 4: him have a moment of peace. Do not let them
Speaker 4: have a moment of peace. You tell them what you
Speaker 4: think of them.
Speaker 1: I have never felt more strongly in my life about
Speaker 1: a case. And it's not because it's because it's wrong.
Speaker 4: The number for the Colorado Springs and if anyone could
Speaker 4: ever walk in the doors of that place to buy
Speaker 4: a car, Mercedes Benz of Colorado Springs seven to nine
Speaker 4: sixty thirty nine twenty.
Speaker 1: Two sixty eight. They saw him coming. They took advantage
Speaker 1: of a dying man.
Speaker 12: That's what my niece said.
Speaker 4: Go with a sure thing. Denver's Best Ruffer sell roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance checkup free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies.
Speaker 1: Find out now three all three seven to seven to
Speaker 1: one help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate man dot com to list your
Speaker 4: home with Remax Alliance three all three nine two zero
Speaker 4: sixteen twenty two.
Speaker 1: I'm Tom Martino, your troubleshooter.
Speaker 4: If you're just tuning in this, we have had the
Speaker 4: most unconscionable case and people, I'm telling you, in all
Speaker 4: of my cases, this one.
Speaker 1: Just touches me. But it's one of the worst we've
Speaker 1: had in a very very very very very long time.
Speaker 10: I can't because I'm sitting across the table from this gentleman.
Speaker 10: I can't remember anything worse.
Speaker 1: I can't. I honestly, guy can't. This is a man
Speaker 1: on chemotherapy. He can hardly speak.
Speaker 4: He wanted to take one last trip to California, and
Speaker 4: he wanted to have a beautiful Mercedes. So he went
Speaker 4: into Phil Long's Mercedes Benz of Colorado Springs.
Speaker 1: Now listen when you hear the details. And he had
Speaker 1: a car. He had a car.
Speaker 4: That was free and clear, a free and clear avalon
Speaker 4: a twenty twenty Toyota Avalon, probably worth about forty year
Speaker 4: in but even less than that of you who cares.
Speaker 1: He took that car.
Speaker 4: Plus five thousand dollars plus walked away with a thirty
Speaker 4: nine thousand dollars loan, so he paid nearly seventy thousand
Speaker 4: dollars for this Mercedes. On top of that, he changed
Speaker 4: his mind never went to California. He was feeling guilty
Speaker 4: and silly about it. When he went back to them,
Speaker 4: they said, sure, will will sell you your car back
Speaker 4: and take this one in trade.
Speaker 1: So they took the Mercedes back.
Speaker 4: The net result is he got his car back, but
Speaker 4: he had to put another forty seven hundred down and
Speaker 4: walk away with a twenty seven thousand dollars loan on
Speaker 4: his car.
Speaker 1: So the net net of all of this, if you
Speaker 1: just look at the raw numbers, for about forty thousand dollars,
Speaker 1: he used a Mercedes for a few weeks. They got
Speaker 1: forty thousand dollars from this man. Now think about it.
Speaker 1: If he drove that twenty eighteen Mercedes for a few weeks,
Speaker 1: he didn't go to California, is it worth dinging this man.
Speaker 10: Thousand dollars and it wasn't new, and I'm looking at
Speaker 10: the total price here, so he bought his own car
Speaker 10: back for a total sales price of thirty seven four thirteen.
Speaker 10: But if I recall, he was also nine grand out
Speaker 10: of pocket or almost ten. So really, no matter how
Speaker 10: you look at it, he's forty seven thousand dollars worse
Speaker 10: off than when he ever met these That's the.
Speaker 1: Point I'm making.
Speaker 4: That's the point I'm making, And I want to give
Speaker 4: the number out for Colorado Smith because these people refuse
Speaker 4: to talk to us by the way they could have
Speaker 4: given their side. They refused to talk to his attorney, Rena,
Speaker 4: who brought this to us. They refuse to talk about it,
Speaker 4: and they even hang up on us. And when consumers
Speaker 4: called to say I just heard about this deal, they're
Speaker 4: rude and obnoxious. So not the consumers. Now, I'm urging
Speaker 4: you to call them to let them know this will
Speaker 4: not go away. I swear to God, if every single
Speaker 4: day of my show for the rest of my life
Speaker 4: life I highlight this deal, I will do it. Seven
Speaker 4: one nine sixty three nine twenty two sixty eight is
Speaker 4: phill Long's Mercedes Benz of Colorado Springs, the only thing
Speaker 4: that I will accept.
Speaker 1: I don't care what anyone says. And you know what,
Speaker 1: phil On, you know what, come after me if you want,
Speaker 1: because I would love the discovery on this one. I
Speaker 1: would love it, and I would love it if a
Speaker 1: jury heard it, and I would love to bring that
Speaker 1: man to court with me. Now here's the bottom line. Okay,
Speaker 1: he bought the car and he used it ding him
Speaker 1: for the mileage and for the slight depreciation. But would
Speaker 1: it be fifty grand?
Speaker 3: What would it be?
Speaker 1: Come on, five hundred bucks total?
Speaker 11: Well?
Speaker 1: Whatever? Use a have a heart for God's sakes, is
Speaker 1: everything about the dollar? Bill Long's Mercedes Benz of Colorado Springs. Now,
Speaker 1: if you're not listen, if you're listening, but you have
Speaker 1: friends not listening, I want you to explain the deal
Speaker 1: to them, because I'm going to lay this out throughout
Speaker 1: the whole show. The number seven one, nine sixty three
Speaker 1: nine twenty two sixty eight. Did you see the person?
Speaker 10: Did you see the GM's number down there, or I'm
Speaker 10: sorry his name I put it in call screen or
Speaker 10: he also owns apparently twenty percent of that dealership. Bill
Speaker 10: Stanton Stanton, Okay, Bill Stanton is the GM.
Speaker 1: He's the gym.
Speaker 4: Is Chimino part of this because isn't that Phil Long's guy?
Speaker 4: Isn't that who owns it? We we have to do
Speaker 4: a deep dive. Somebody's got one of our deputies. We
Speaker 4: have to do a deep dive on this particular dealership.
Speaker 1: Did you do that, Raina? Do you know who owns
Speaker 1: it other than Phil Long? I mean, who's who is
Speaker 1: Phil Long? Right now? I'm sorry? I do know?
Speaker 6: Yeah, So it's Phil Long. I believe it's like Phil
Speaker 6: Long LLC.
Speaker 7: And they do business as Mercedes Benz Colorado Springs and
Speaker 7: twenty five percent of that ownership is the GM.
Speaker 6: So that's William Stanton or Bill. On the website, it's.
Speaker 1: Bill s.
Speaker 4: Go with a sure Thing Denver's Best Roofer Excel Roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance checkup free no obligation comparison call
Speaker 4: Compass Insurance paying too much your coverage at dozens of
Speaker 4: insurance companies find out now three all three seven to
Speaker 4: seven to one help. You'll think you're his only customer
Speaker 4: when you choose Frank durand the real estate Man dot
Speaker 4: com to list your home with Remax Alliance three all
Speaker 4: three nine two zero sixteen twenty two.
Speaker 1: Hi Tom Martino, your troubleshooter.
Speaker 4: So by my calculations, this guy bought the car, the
Speaker 4: two eighteen S five point fifty for about sixty nine
Speaker 4: thousand dollars. Because his car was worth about twenty five.
Speaker 4: He put five down, had a loan of thirty nine.
Speaker 4: When he changed his mind and went back, he basically
Speaker 4: had the same loan I believe, or thirty seven whatever,
Speaker 4: but he had the same loan a little less. He's
Speaker 4: out of pocket about forty seven thousand dollars forty seven
Speaker 4: thousand dollars for putting a few miles on that Mercedes
Speaker 4: thanks to Mercedes Benz of Colorado Springs.
Speaker 1: We're going to talk to Kelly and see what they.
Speaker 4: Said to her. We're going to keep the pressure up.
Speaker 4: That's what this show does, folks, and I am proud
Speaker 4: of it. Go with a sure thing Denver's best Rufer
Speaker 4: excel roofing dot com. You don't pay a cent until
Speaker 4: you're contenth time for an insurance checkup free no obligation.
Speaker 4: In comparison, call Compass insurance paying too much your coverage
Speaker 4: at dozens of insurance companies find out now three oh
Speaker 4: three seven seven to one help. You'll think you're his
Speaker 4: only customer when you choose Frank durand the real estate
Speaker 4: man dot com to list your home with Remax Alliance
Speaker 4: three oh three nine two zero sixteen twenty two.
Speaker 8: Yeah, Rip.
Speaker 2: New need advice, So you don't have.
Speaker 3: Come running sus fast as we can.
Speaker 2: Shooter's gonna help.
Speaker 3: Come, man, this is.
Speaker 1: The Troubleshooter Show.
Speaker 4: Now, Tom Martino, Hi, Tom Martino here, Welcome to the show.
Speaker 1: Three oh three seven one three talk.
Speaker 4: Seven one three eight, two five five, or as you
Speaker 4: can see right there, three oh three Martino three oh
Speaker 4: three six two seven eight four six six. So I'm
Speaker 4: gonna go to a few calls and come back if
Speaker 4: we still have those other calls, I feel sorry.
Speaker 1: Okay.
Speaker 4: Kelly, by the way, talked to it Mercedes Benz of
Speaker 4: Colorado Springs a guy, Kelly, and we asked him to
Speaker 4: We asked people to call. We'll recap that problem. You're
Speaker 4: gonna want to hear it. I swear to God, you're
Speaker 4: going to want to hear it. Of all of my
Speaker 4: years of doing this, this is one of two of
Speaker 4: the worst card deals we have ever seen in our lives,
Speaker 4: ever ever in our lives, and probably in the top
Speaker 4: five ripoffs in our opinions. Kelly, what did Mercedes Ben
Speaker 4: say to you?
Speaker 15: Well, I called him about twenty minutes ago and I
Speaker 15: got through to the operator and I said, hey, you
Speaker 15: know Tom Martinez was kind of dinging you guys on
Speaker 15: the radio. And she said, it's all lies. Everything that
Speaker 15: they're saying is a lie.
Speaker 4: I said, well, you know, rain Raina, can you believe
Speaker 4: they're saying it's an absolute lie?
Speaker 7: I cannot believe that. I cannot believe that because I
Speaker 7: have the paperwork right here. I have the paperwork that
Speaker 7: actually shows none of this is a lie.
Speaker 4: Listen, this is not a presidential campaign. We actually have
Speaker 4: stuff here. We're not just calling names. My god, right,
Speaker 4: So he go ahead.
Speaker 1: Or she wanted me to to.
Speaker 15: She wanted me to talk to a guy named Tyler,
Speaker 15: but you know, I wasn't going to talk to him
Speaker 15: unless I had paperwork in front of me.
Speaker 4: So yeah, I'm gonna I'm gonna give that to you.
Speaker 4: I'm gonna give all that to you. I'm gonna put
Speaker 4: it up on YouTube. You take a screenshot. I am
Speaker 4: I'm gonna put it up full screen on on YouTube.
Speaker 4: I'm gonna put the deal up, so thank you, Jim.
Speaker 1: What did they say to you? Jim called as well,
Speaker 1: and what did they say to you? Jim? I called,
Speaker 1: and I went and went to sales, and Nathan picked up,
Speaker 1: and Nathan immediately told me, don't believe everything.
Speaker 16: You hear on a talk radio program and then hung
Speaker 16: up on me.
Speaker 11: That was it.
Speaker 1: Yeah, well, aren't they gonna look stupid?
Speaker 13: Yeah, you know, then tell us the other side of
Speaker 13: the story. Come on the show.
Speaker 1: We could possibly be the other side of the story. Yeah,
Speaker 1: he bought his vehicle back that he owe nothing on
Speaker 1: and now own owes over thirty thousand dollars on it.
Speaker 13: Just an armfuleek transaction.
Speaker 1: And how it happens, and who the victim is I
Speaker 1: want to know. Tell them we want to hear the
Speaker 1: other side. Tell them to call us. We want to
Speaker 1: hear it.
Speaker 4: I'm putting this up, folks. I'm putting this up soon
Speaker 4: for you to see on YouTube.
Speaker 1: I have a whole I have a whole thing here.
Speaker 1: I'm preparing. We're going to get all the.
Speaker 10: Paperwork to you in the form of a PDF at
Speaker 10: some point today as well.
Speaker 1: Well, yeah, no, no, we will. But I want to
Speaker 1: do this mark right now. I swear to you because
Speaker 1: this lays it out, This lays it out.
Speaker 4: For everyone to see. Now, I'm and this is a deal.
Speaker 4: A dying man, by the way, a dying man on
Speaker 4: on chemotherapy. And he doesn't even okay, does does anyone?
Speaker 4: Does anyone believe that man has this full capacity? And
Speaker 4: I'm not insulting him. He's right with us in the studio.
Speaker 4: How old are you, sir?
Speaker 1: Tell you how long we're getting him on?
Speaker 12: Yesterday?
Speaker 13: Seventy five?
Speaker 1: Yesterday, seventy five years old? Yesterday?
Speaker 12: Pretty good?
Speaker 1: Yeah, other than cancer? Right now? Are you going to
Speaker 1: beat this cancer? I mean seriously? Yeah, don't give up? Yeah?
Speaker 3: Yeah, how is it going?
Speaker 12: Long past when they told me I wouldn't be here?
Speaker 1: So good good.
Speaker 12: I wasn't supposed to make Thanksgiving last year, and I'm
Speaker 12: doing real good good nurses cure. But I turned this
Speaker 12: in over with the Lord.
Speaker 1: That's that's what you do. Okay, So let's turn.
Speaker 4: Yeah, everything everything we're gonna we're gonna look at We're
Speaker 4: not going to give up on this. They say everything's
Speaker 4: a lie. People, I want you to remember that when
Speaker 4: we find out the truth.
Speaker 1: Okay, I want you to remember that, when we find
Speaker 1: out the truth, I want you to remember what they said,
Speaker 1: that it was all a lie, because when we find out.
Speaker 4: The truth, that we're telling you the truth. Okay, I'm
Speaker 4: gonna how about this. I'm gonna stake my reputation on it.
Speaker 1: How's that? How's that go ahead?
Speaker 12: Certain? When I talked to him, I just I just
Speaker 12: want my title back, when my car back. And they said, well,
Speaker 12: there's fees. And I said, well, you got five grand,
Speaker 12: but they did give me forty I think cash. I
Speaker 12: don't remember the figures.
Speaker 1: Well, what do you mean cash? What what do you
Speaker 1: mean cash? What is he talking about?
Speaker 12: I don't know.
Speaker 1: Did I say forty gave him some cash?
Speaker 12: Well, they gave me a cash check for forty one ducks?
Speaker 1: When was this? Oh, and do you know about that? Raina?
Speaker 1: We should be we should include that in take away
Speaker 1: from his losses?
Speaker 6: Yeah, we should definitely include that.
Speaker 3: Was that?
Speaker 13: Well one of them?
Speaker 1: When did they give When did they When did they
Speaker 1: give that? Yeah? When did they give that to you?
Speaker 12: I called and asked what it's for? It was probably
Speaker 12: about two or three months ago. I suppose so as.
Speaker 4: You randomly got this check from them for how much
Speaker 4: I want to subtract it from your loss.
Speaker 12: The best memory I have is forty one hundred and something.
Speaker 1: It was probably some of those service contracts that he
Speaker 1: sold them on the Mercedes.
Speaker 13: Yeah, I mean it kind of auto cancels itself when
Speaker 13: they take it back into inventory and he stops having
Speaker 13: an ownership.
Speaker 1: Interest in it.
Speaker 7: Right, So most of the service contracts say that you
Speaker 7: have to actually cancel it, so affirmatively cancel it with
Speaker 7: the service contract company in order to get any sort
Speaker 7: of proration back, and if you don't, then you lose.
Speaker 1: Was it but was this back? So but if he
Speaker 1: had a net back, they sent him a check back,
Speaker 1: so he we have to subtract that.
Speaker 13: If he if he literally got forty one, they were
Speaker 13: only screwed in by the tune of twenty nine thousand.
Speaker 1: Come on, that's kind of what I'm gonna Well, I'm
Speaker 1: going to still include it.
Speaker 12: Just one of my title back then, so complicated. I
Speaker 12: know it was a They told me to bring it
Speaker 12: back in if I didn't like it. I brought it
Speaker 12: back and they anyway, I.
Speaker 1: Messed up, and they sold you your vehicle back that
Speaker 1: was paid off.
Speaker 12: Good negotiator.
Speaker 13: What if your car had been gone, whostled out and gone,
Speaker 13: what would they have done?
Speaker 5: Then?
Speaker 1: Probably sell him a new BMW or something.
Speaker 13: Yeah, he sort of looked like a give that number out, Mark, give.
Speaker 10: That mark number up Mark. Yeah, it's simple, folks. In fact,
Speaker 10: when you call up, just ask for Bill Bill Stanton.
Speaker 10: Apparently he's locked in his office according to some other callers,
Speaker 10: but he's a GM. We understand he possibly owns twenty
Speaker 10: five percent of this business and everything about this is wrong.
Speaker 10: Be nice when you call up, but please help us out.
Speaker 10: This is a community approach. Seven one nine six three
Speaker 10: nine twenty two sixty eight. Seven one nine six three
Speaker 10: nine twenty two sixty eight. Please ask for Bill Spanton
Speaker 10: and we'd love for him to come on. We would
Speaker 10: love for him.
Speaker 1: I'd love to hear his side.
Speaker 10: I'd love to hear how this old man in front
Speaker 10: of me is lying quite frankly, I'd love to hear
Speaker 10: about it.
Speaker 1: Yeah, we're going to continue this, I mean because.
Speaker 12: I'll stand by it. I told him looks months ago,
Speaker 12: so I said, I just will let.
Speaker 1: Me see that again. Yeah, anyway, we have more. I
Speaker 1: want to start with this one here and then we're
Speaker 1: going to come back to it.
Speaker 4: So Pam, let's start with Pam, Pam uh and people,
Speaker 4: I will recap the whole phill long deal and give
Speaker 4: out that number.
Speaker 1: Pam, what's going going on with you? Pam? Hi?
Speaker 5: Tom?
Speaker 11: We go back. It a long way from Father John
Speaker 11: and Laurie. So you know how long I've been listening
Speaker 11: to you.
Speaker 1: But oh my god, thank you, Pam. What's going on?
Speaker 11: It's something so sweet from my son. Father John took
Speaker 11: him to a Bronco game.
Speaker 5: It was a long time ago. But anyways, here's what
Speaker 5: I need and I'm sorry for this, and I hope
Speaker 5: you can get it all settled for him. Say listen,
Speaker 5: but ten days ago, I was shopping.
Speaker 11: At King Supers and I did this stupid thing. I
Speaker 11: answered my phone and put my phone in my purse
Speaker 11: forgot to zip it up, had it in the child's seat,
Speaker 11: probably bent down to pick up some can goods, and
Speaker 11: somebody lifted my wallet out of my purse at King
Speaker 11: Supers here in Lakewood.
Speaker 5: Didn't know what was gone till.
Speaker 11: I got up to the front of the you know,
Speaker 11: Chechstan and where, well, where's my wallet? So I have
Speaker 11: a woman with me and we went out in the car.
Speaker 5: I was hoping it was in the car.
Speaker 3: It was not.
Speaker 11: Long story short, somebody lifted it out and probably within
Speaker 11: ten minutes of taking it out, charged over two thousand
Speaker 11: dollars worth a visa to one hundred dollars visa cards
Speaker 11: on it, plus plenty more plenty plenty right.
Speaker 1: Right right from that King Supers, Yes.
Speaker 11: Right from in the side of the store at the
Speaker 11: King Supers by the donut department.
Speaker 1: How much? How much did they charge?
Speaker 8: Well, they got it.
Speaker 5: They tried nine eleven times to use my card was in.
Speaker 1: Here's what I care about. How much did they actually charge?
Speaker 5: Two thousand?
Speaker 11: But what I what I want to say right away
Speaker 11: is West.
Speaker 5: Earrah was my debit card, and they've been very good.
Speaker 11: And I've gotten fifteen hundred dollars back from them. Old
Speaker 11: maybe is five.
Speaker 5: Hundred dollars waiting to hear, but I don't think so.
Speaker 5: But what I called you for is because I just
Speaker 5: give your advice. They have everything. They have my wallet,
Speaker 5: they have my drave advicens. They so I don't all that.
Speaker 11: I've gone to get a new one and what should
Speaker 11: I do? Shit? Was it your recommendation that I should
Speaker 11: find an identity fraud company so that I can monitor it.
Speaker 1: Well, the first thing you need to do, okay, And
Speaker 1: that's all they do is monitor. They don't protect. They monitor.
Speaker 1: I want to make that clear. The best protection, the
Speaker 1: best protection.
Speaker 4: First of all, you know, obviously you cancel all those accounts, okay, right,
Speaker 4: and then you have to do a credit freeze on
Speaker 4: all three credit bureaus. Now a credit once it's on
Speaker 4: the main ones, that's all accounts, a credit freeze. Now
Speaker 4: I have a credit freeze that I turn on and off.
Speaker 4: Now why do I turn it on and off? If
Speaker 4: I apply for a loan and they go to get credit,
Speaker 4: it'll come back no credit available, okay, So nothing will
Speaker 4: ever be approved.
Speaker 1: And they tell me you either have a freeze or
Speaker 1: you have no credit. So I have to go in
Speaker 1: with a pin number. You go online, and I can
Speaker 1: do that instantly. I can turn it on and turn
Speaker 1: it off. I can turn it on and predesignate when
Speaker 1: I want to turn it off. I can turn it.
Speaker 3: You can do it. You can.
Speaker 4: It's a wonderful application online, but you got to make
Speaker 4: sure you get the right one.
Speaker 1: And that's what you do you want me to do well, okay, okay,
Speaker 1: to tell you.
Speaker 4: That I use the actual credits, but I know how
Speaker 4: to read the URL to make sure I'm not getting
Speaker 4: a mirrored site. A mirrored site is one that looks
Speaker 4: like that, and what they do is when you put
Speaker 4: in a freeze, they take your information. So I want
Speaker 4: to just make sure that I'm trying to find this here, dear,
Speaker 4: I really want to find this so I can I
Speaker 4: can tell you the right thing.
Speaker 1: Credit ops. It's called I have it on my my
Speaker 1: thing here. Hold on.
Speaker 4: So for the credit freeze, you have to okay, you
Speaker 4: have to go for the credit freeze on each one.
Speaker 4: So you go to TransUnion and it's simply www dot
Speaker 4: TransUnion dot com.
Speaker 1: Okay, and then look for credit freeze.
Speaker 4: Then you go to then you go to equifacts and
Speaker 4: that's my equifacts dot com.
Speaker 1: My eq U I F A X dot com. Got it.
Speaker 4: The next one is USA dot Experience dot com.
Speaker 1: Now on each of these you're going to have to
Speaker 1: establish an online account, okay.
Speaker 4: And when you establish an online account, you can then
Speaker 4: drill down or search or figure out how to put
Speaker 4: on a freeze.
Speaker 1: The freeze will be assigned a pin number except for Equifax. Equifax,
Speaker 1: if you log onto your account because they do two
Speaker 1: party verification, they're going to let you freeze and unfreeze
Speaker 1: by simply logging on the other ones. Want to know
Speaker 1: your pin number?
Speaker 5: Okay and try it.
Speaker 4: Let me know what you find out. I got to
Speaker 4: take this break. I'm Tom Martine. Please hang on, Jack,
Speaker 4: I know you talked to that dealership. We're going to
Speaker 4: recap that deal and do more right after this on
Speaker 4: the Troubleshooter Show.
Speaker 1: Let me explain this.
Speaker 4: Frank drandreal estate Man dot com will do market valuations
Speaker 4: of your home for the asking, No long term contracts needed,
Speaker 4: no obligation. If you want to know what your house
Speaker 4: is going to sell for, he will do a complete
Speaker 4: analysis free of charge.
Speaker 1: Three oh three nine two zero sixteen twenty two.
Speaker 4: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 4: dot Com. You don't pay a cent until you're content
Speaker 4: than time for an insurance check up free, no obligation.
Speaker 4: Comparison call Compass Insurance paying too much your coverage at
Speaker 4: dozens of insurance companies find out now three oh three
Speaker 4: seven seven to one help.
Speaker 1: You'll think you're his only customer.
Speaker 4: When you choose Frank durand the real estate man dot
Speaker 4: Com to list your home with Remax Alliance three oh
Speaker 4: three nine two zero sixteen twenty two. Hi Tom Martino
Speaker 4: here three O three seven one three talks seven one
Speaker 4: three eight two five five.
Speaker 1: Did they leave the studio?
Speaker 3: F good?
Speaker 1: Or are they coming back?
Speaker 14: Oh?
Speaker 1: They're going to come back. He had to use the restaurants. Okay.
Speaker 4: Anyway, I'm going to put up a doc I want
Speaker 4: to recap this story, and I want to tell my
Speaker 4: call o John.
Speaker 10: Literally he just went through both sales contracts, so if
Speaker 10: you have any questions.
Speaker 1: Literally he's staring at him.
Speaker 4: I want to call it Jack talk to Mercedes of
Speaker 4: Colorado Springs, and I want.
Speaker 1: You what did they say? Jack?
Speaker 9: We just lost him.
Speaker 2: Sorry.
Speaker 1: All right, I'm going to recap the deal and then
Speaker 1: I'm going to put it up. While i'm recapping it,
Speaker 1: I actually found all kinds of cool stuff I can
Speaker 1: do with this program. So all right, It's up on
Speaker 1: YouTube right now and it's full screen and I'm going
Speaker 1: to be reading from it here.
Speaker 4: It is a dying man on Chemotherapy wanted to buy
Speaker 4: and by the way, let me let me explain this.
Speaker 4: I want people to hear this because Phil Long said,
Speaker 4: this is all a lie. Phil Long, Mercedes Benz, whenther
Speaker 4: you call, they say it's all a lie.
Speaker 1: Do not believe it? Okay? So I want everyone to
Speaker 1: know that's what they're saying. It is a lie and
Speaker 1: it did not happen, or it did not happen this way,
Speaker 1: or something is a lie.
Speaker 3: Hey, Tom, Hey, Tom.
Speaker 9: So I did briefly speak with Jack, who was going
Speaker 9: to tell you that.
Speaker 6: Right now.
Speaker 9: They're in an emergency meeting going over this.
Speaker 1: Keith, Now, let me just say what this is right now? Okay.
Speaker 4: So, a dying man on chemotherapy literally can hardly speak,
Speaker 4: seventy five years old wanted to buy a Mercedes Benz
Speaker 4: to take a dream trip to California.
Speaker 1: To see the ocean what could be his last time.
Speaker 4: He went to Colorado Springs Mercedes Benz owned by Phil
Speaker 4: Long and this other clown what's his name?
Speaker 12: Mark?
Speaker 1: Are you talking the GM? Bill Stanton? Bill William okay,
Speaker 1: William Stanton and bought a two eighteen twenty eighteen s
Speaker 1: five point fifty. Here's what he did.
Speaker 4: He traded in a free and clear twenty twenty Toyota
Speaker 4: avalon the value twenty five thousand dollars, paid five thousand
Speaker 4: dollars down, and walked away with a thirty nine thousand
Speaker 4: dollars loan. A grand total for that car, that Mercedes
Speaker 4: sixty nine thousand dollars.
Speaker 1: Now, let me explain something. I am not even saying
Speaker 1: that selling a car for sixty nine grand is unconscionable.
Speaker 1: That car, it is a little overpriced. But you know
Speaker 1: what I'm gonna say this, That's not what I'm upset about. Okay.
Speaker 1: So his net was sixty nine grand on that car.
Speaker 1: Sixty two now sixty two? Okay, tell me how, because
Speaker 1: I'm taking these figures six times, but I want to know.
Speaker 4: Here's he's got the contracted I want to know. I
Speaker 4: want to know because I want to be very accurate,
Speaker 4: and I'm going to amend.
Speaker 1: This as we go. So tell me.
Speaker 13: Okay, So sales tax titled the dealer delivery handled the
Speaker 13: whole nine yards on that car was thirty thousand, five
Speaker 13: hundred and sixty four dollars, okay, or I'm sorry, not
Speaker 13: fifty thousand, five hundred and sixty four dollars and eighty nine.
Speaker 1: John, I don't want to do math on the air.
Speaker 1: Here's what I want to know. I want to know this.
Speaker 1: I want to know this. Did he put five thousand down?
Speaker 13: Yeah? Yeah, yeah, yeah, So I'm telling us just fifty grand, Tom.
Speaker 4: And then was his loan thirty nine thousand, yes, okay,
Speaker 4: so that that equals right there forty four. Now did
Speaker 4: he have a value of approximately twenty five on him?
Speaker 13: Yeah? No, he had a twenty thousand dollars trade in
Speaker 13: a five grand of cash, so a net of twenty
Speaker 13: five thousand to his side.
Speaker 1: Of the Okay, So that's where I'm out five because
Speaker 1: they've but because they granted him twenty doesn't mean his
Speaker 1: car was worth twenty.
Speaker 13: Well, no, that's not necessarily the ATV, but that was
Speaker 13: the book value of the case in the deal. So
Speaker 13: he came out here with twenty five on his side
Speaker 13: of the equation. But on top of all that, they
Speaker 13: plus thirty nine thirteen thousand dollars worth of maintenance and
Speaker 13: extended service contract. Okay, So that's how you get to
Speaker 13: a grand wopping some total of thirty nine thousand dollars
Speaker 13: of debt plus his car at twenty plus his five
Speaker 13: thousand dollars in cash.
Speaker 1: Thank you. That's what I needed to know. Yep. So
Speaker 1: so if you add up the five in cash plus.
Speaker 4: The thirty nine thousand dollars debt plus plus twenty twenty, okay,
Speaker 4: I was off. You're right, and that's what I want
Speaker 4: to do. I want to be very so instead of
Speaker 4: sixty nine, thank you, sixty four. Now let's move on.
Speaker 4: So now he changed his mind, did not go to
Speaker 4: California and wanted his car back.
Speaker 10: Well, oh, well, there's a caveat to that. It wasn't
Speaker 10: necessarily that more than it was. He got his first
Speaker 10: what do they call it, to voucher for payment. I'm
Speaker 10: talking to his attorney, and he realized how much he
Speaker 10: was going to have to spend each month and there
Speaker 10: was no way he could crack his nut.
Speaker 1: Am I correct in saying this? Okay?
Speaker 4: Okay, he changed his mind, did not go to California
Speaker 4: and wanted his car back.
Speaker 1: Yep. I think that's a correct statement. It is correct, Okay.
Speaker 1: I'm trying to summarize this for people to look at.
Speaker 4: And therefore, he traded in the twenty eighteen s five
Speaker 4: point fifty, put forty seven hundred dollars down and had
Speaker 4: a loan of twenty four eight seventy five to get
Speaker 4: his Avalon back at a grand total of twenty nine
Speaker 4: to five seventy five.
Speaker 1: Now, now his net loss. I gotta do this accurately
Speaker 1: now because I had a little off.
Speaker 4: So his net loss is five thousand dollars he originally
Speaker 4: put down plus forty seven hundred dollars he put down
Speaker 4: on the Avalon, plus twenty four thousand and eight seventy
Speaker 4: five new loan on his avalone, and then I'm going
Speaker 4: to subtract forty one hundred he got back in a
Speaker 4: check for a net loss of thirty thousand and four
Speaker 4: to seventy five for dealing with these people for one month?
Speaker 1: Correct, you got it?
Speaker 3: Yep?
Speaker 1: Thank you? Yes?
Speaker 10: Or even better, he walked in with a car that
Speaker 10: was totally paid off, didn't owen Nickel on it, and
Speaker 10: thirty days later he has that same exact car back
Speaker 10: in OHS thirty thousand dollars right right.
Speaker 4: So the point is this, did he put did they
Speaker 4: lose thirty thousand and four to seventy five that this
Speaker 4: man needed to make.
Speaker 1: Up because he used that Mercedes for a month. That's
Speaker 1: the point.
Speaker 4: So that's the deal, folks. I corrected it live on
Speaker 4: the air. As we're on the air, we want accuracy
Speaker 4: there it is.
Speaker 1: I'm going to leave it up and I'm going to
Speaker 1: take some comments and then well we'll and we haven't
Speaker 1: forgotten other problems, quessions and complaints. So I want to
Speaker 1: hear Jay, you have a question on this deal. Go ahead, Jay,
Speaker 1: right Tom.
Speaker 16: I'm just wondering there's there's got to be some banks
Speaker 16: involved in this. Did they not see this being crazy?
Speaker 16: And how did they de Sorry, this was okay for
Speaker 16: them to to make these loans.
Speaker 1: And I can tell you how that works usually. Usually,
Speaker 1: usually what banks do is they concern themselves with recourse,
Speaker 1: what if it defaults, And then they look at Phil
Speaker 1: Long's default rate or a dealer's default rate, and let's
Speaker 1: say they have a two or three percent default rate,
Speaker 1: then they let it fly. But let's say they have
Speaker 1: a five or fifteen percent, five to ten whatever, then
Speaker 1: the dealer has to take what's called recourse. And that
Speaker 1: means that if there is a default on the loan
Speaker 1: within the first so many days, the dealer agrees to
Speaker 1: make good on it and repossess and do all the
Speaker 1: stuff and guarantee the loan and that's usually that's usually
Speaker 1: three to four months of perfect payments.
Speaker 4: So while we would want the banks to get involved,
Speaker 4: they don't. The banks want to make loans, the banks
Speaker 4: want to.
Speaker 16: Make long how that could possibly have gone. They really
Speaker 16: need to do something about it. But if not, maybe
Speaker 16: he should just bankrupt out on him.
Speaker 1: Well, yeah, it's a secure note.
Speaker 13: It doesn't work.
Speaker 1: I mean, he wouldn't have a vehicle. Then they'd end
Speaker 1: up with his car, right exactly.
Speaker 7: And I will say that I and T who's the
Speaker 7: lender on the avalon, when he told them and called
Speaker 7: them about the deal, they actually did the right thing.
Speaker 6: They put his payments on pause for the last three months.
Speaker 7: So it's the last three months he hasn't happen to
Speaker 7: make payments because of how kind of shady.
Speaker 1: Now I want to I want to say this about
Speaker 1: Phil long she went listen. Of course it is it's
Speaker 1: a person at risk, not elder abuse. But it's called
Speaker 1: taking advantage of a person at risk. But here's and
Speaker 1: we're going to go for that. We're going to go
Speaker 1: for that.
Speaker 4: But what I want to say, and what's really important
Speaker 4: is that people know that this attorney tried to talk
Speaker 4: to them and tried to negotiate this and tried to
Speaker 4: make it so it wasn't terrible.
Speaker 1: And they have not called her back, and they have
Speaker 1: ignored her. They have ignored her. So it's it's how
Speaker 1: many times have you reached out?
Speaker 4: Oh?
Speaker 6: Countless, I've reached out countless times.
Speaker 7: We were playing phone tag, so Tyler Harp over at
Speaker 7: Colorado Springs. We were playing phone tag a little bit
Speaker 7: for about a week and then he stopped calling me back.
Speaker 6: I kept calling, calling, calling.
Speaker 7: And finally at the end of it, I said about
Speaker 7: probably about four or five times after I said, look,
Speaker 7: I got to take the next step if you're not
Speaker 7: going to call me back, And he didn't. And I'm
Speaker 7: not the only one who tried, right, My client Ron Simpson,
Speaker 7: also tried.
Speaker 1: Ron, how many times did you try hit the button? Plase, Yeah,
Speaker 1: you're good.
Speaker 12: Yeah, at least four or five. And I kept get
Speaker 12: different people that are very nice. They just did pretty
Speaker 12: much all ignored me.
Speaker 1: He still calls him very nice. Listen to this, man.
Speaker 12: Knows I even made an offer.
Speaker 1: You don't make any offers anymore.
Speaker 12: For the Mercedes bands. It's just in fairness. I'll give
Speaker 12: you your advertised price, and I wrote it along hand.
Speaker 12: I gave a copy to my attorney. I tried to
Speaker 12: negotiate and talk to him. I didn't get anybody.
Speaker 1: What did you mean by you?
Speaker 10: Just said sommer, I'm curious about you said you tried
Speaker 10: to give him the advertised price?
Speaker 3: What was that?
Speaker 12: I don't remember.
Speaker 7: Okay, okay, I think I think he wanted to give
Speaker 7: the advertised price for the Avalon.
Speaker 12: No, I did not. I did not need any of
Speaker 12: this crud, all the add on service contract and the
Speaker 12: Mercedes bands. I offered to buy back if it would
Speaker 12: appease their little bastards. And I said, here's your price.
Speaker 12: I'll pay it for you somehow. I mean, but this
Speaker 12: is this one isn't right. I'm paying. I'm making a
Speaker 12: payment on my own car that was free and clear,
Speaker 12: and you haven't told me why. I'm learning right now.
Speaker 12: But I tried to work with them four or five times.
Speaker 12: They're very nice, but I got Brian, and I think.
Speaker 1: Stop calling him nice, jeez. Stop.
Speaker 10: In my opinion, they put the Joki doke on you,
Speaker 10: big time man. No matter how you look at it,
Speaker 10: they totally bent you over and screwed you. They they
Speaker 10: totally totally took advantage of you. They saw you walking
Speaker 10: in and took advantage of you.
Speaker 12: Well, the things I just didn't want to work, sit
Speaker 12: down and negotiation.
Speaker 1: You can barely walk by the way, Tom. You know,
Speaker 1: thank god we have this show right now and we're
Speaker 1: not going to let this go. This will be the
Speaker 1: topic of my show.
Speaker 4: Now. I don't mean the whole show, but this will
Speaker 4: be on the show every single day. Every single day.
Speaker 12: I went hired you, Tom, I prayed on it. Yeah,
Speaker 12: and that is a lot kind of broke or anything.
Speaker 12: I mean, I've worked as a teacher. I have an
Speaker 12: okay income, but it's just not right. I taught history,
Speaker 12: I was a guidance counselor, I was a principal, as
Speaker 12: a superintendent. I taught at all levels Los Alamos, mostly
Speaker 12: small schools as a superintendent.
Speaker 1: For you, how'd you find out about RAINA.
Speaker 12: Just word of mouth. One of my students' daughters worked
Speaker 12: at the civil court what did you call it?
Speaker 6: Small claims court?
Speaker 12: And I couldn't get in there because there's they're on
Speaker 12: Addresser County and uh so I started coming up here
Speaker 12: and she said, we'll try this number. I probably shouldn't
Speaker 12: say that because I don't think she's supposed to give
Speaker 12: out advice, but anyways, she's just giving me people's names.
Speaker 12: And she said, well, well here here's anyway he did.
Speaker 12: I prayed on us. You popped into my lock because
Speaker 12: I'm pretty well tapped rated.
Speaker 1: Do you specialize in car deals? I mean, how do
Speaker 1: you come into focus on this?
Speaker 3: Yep?
Speaker 7: So I'm a Lemon law and auto fraud attorney, so
Speaker 7: all I do is focus on this is what you do.
Speaker 7: That's what I do, right, And I just want to
Speaker 7: just just interject this in here. When I did speak
Speaker 7: with them, they said that they would refund his service
Speaker 7: contract from the last deal. So they did say, okay,
Speaker 7: we're going to refund you. I think it's forty seven
Speaker 7: hundred for that.
Speaker 1: Well, they gave ed forty one hundred, so that could
Speaker 1: have been in that could have been in.
Speaker 12: Remembering that role and I'm sorry, I'm sorry. I didn't
Speaker 12: mean well, no, I interrupted you, but it was it
Speaker 12: might have been forty seven. I don't remember.
Speaker 7: Remembers as well as so anyway, Yeah, so anyways, they
Speaker 7: did try to make it right.
Speaker 4: But when I try to follow up, wait, wait, would
Speaker 4: you have been satisfied with that making.
Speaker 1: Maybe not because of course not.
Speaker 3: Yeah.
Speaker 7: When they told me that, I said, I called him
Speaker 7: right back and I said, what else are you going
Speaker 7: to do?
Speaker 6: Fine?
Speaker 7: Great, thank you so much for refunding the service contract.
Speaker 6: They own a.
Speaker 1: Vehicle that he'll never use, right because he doesn't own it, right, thank.
Speaker 6: You for doing that.
Speaker 7: And also not all of it, right because a thirteen
Speaker 7: thousand was a full service contract on the Mercedes.
Speaker 6: So anyways, thank you so much for doing that.
Speaker 10: But on the car that he traded back in, he
Speaker 10: had thirteen grand of mop and glow and they gave
Speaker 10: him a little over four back on it or forty
Speaker 10: seven whatever, right, and.
Speaker 6: Then the new service contract on the app that's where.
Speaker 1: They made it back again.
Speaker 3: Once.
Speaker 1: Yeah, I'm saying they sold him the service contract down
Speaker 1: his own vehicle.
Speaker 6: Oh right, they made it back again exactly.
Speaker 1: Yep, yep, yep. I did want to say this. It's
Speaker 1: just crazy.
Speaker 12: They're pretty good.
Speaker 1: Yeah, And anyway, here's the deal. We have a situation
Speaker 1: that we're not going to let stand, and I think
Speaker 1: people need to do something about it. I think they
Speaker 1: need to call and let people and let just let
Speaker 1: them know you're never ever ever going to accept this ever, ever, ever,
Speaker 1: ever accepted? Now, did I take the thirty Shannon or
Speaker 1: what did I screw myself on that? I didn't? I am?
Speaker 1: I am that far behind and you didn't tell me? Okay,
Speaker 1: we got more coming? How can I fix this?
Speaker 4: Go with a sure thing Denver's best roofer Excel Roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free, no obligation comparison
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three O three seven
Speaker 4: to seven to one help. You'll think you're his only
Speaker 4: customer when you choose Frank durand the real estate Man
Speaker 4: dot com to list your home with Remax Alliance three
Speaker 4: three nine two zero sixteen twenty two. Hi Tom Martino,
Speaker 4: you're troubleshooter three O three seven won three talks seven
Speaker 4: one three eight.
Speaker 1: Two five five.
Speaker 10: Hey, I got an interesting text. Yes, maybe you can
Speaker 10: explain this real quick. It basically says, what is Tom
Speaker 10: talking about? Discovery?
Speaker 1: What does that mean?
Speaker 17: Oh?
Speaker 1: When I when I said go ahead and sue me,
Speaker 1: I can't wait for the discovery? It means where you.
Speaker 4: Get to probe the other side. Like people always think, oh,
Speaker 4: I want to sue that person. They get like really
Speaker 4: pissed off and want to sue. Sometimes that happens to
Speaker 4: me when I'm on the air over the years, people
Speaker 4: want to sue me because they get really pissed. Right, Well,
Speaker 4: what happens is they they can get pissed all they
Speaker 4: want and and uh then when they sue me, I
Speaker 4: get to probe them. If they claim they lost money
Speaker 4: because of me, I get to see their books.
Speaker 13: You kind of kind of dirty today you're talking about
Speaker 13: bending over and a lot of probing going on. I mean,
Speaker 13: this is a whole new hole of the show.
Speaker 1: John. You know what discovery is.
Speaker 4: You can explain it better than I can. I mean,
Speaker 4: and so can rain arena. If somebody sues you, it's
Speaker 4: not a walk in the park. You get to probe
Speaker 4: all kinds of stuff.
Speaker 1: Go ahead. I mean, either one of you talk about that.
Speaker 13: Well, this discovery is a there should be no surprises
Speaker 13: in trial is kind of what the concept is. And
Speaker 13: so in advance of trial, both sides are given an
Speaker 13: opportunity to pose questions on the other side that have
Speaker 13: to be answered under oath, and also to take evidentiary
Speaker 13: depositions and stuff so that in theory, you know, disputes
Speaker 13: have an opportunity to settle because both sides are fully
Speaker 13: informed before they ever get to the trial.
Speaker 1: We gotta break guys.
Speaker 4: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance checkup free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three all three seven
Speaker 4: to seven help. You'll think you're his only customer when
Speaker 4: you choose Frank durand the real estate Man dot com
Speaker 4: to list your home with Remax Alliance three all three
Speaker 4: nine two zero sixteen twenty two. Hi Tom Martino here
Speaker 4: three all three seven one three talk seven one three
Speaker 4: eight two five five.
Speaker 1: Oh god, I'm so sorry. We're running behind. So, Kathy,
Speaker 1: what's your question on your roofing contract. Let's try to
Speaker 1: squeeze in here. What's going on?
Speaker 11: I'm kind of general contractor contingency agreement and we were
Speaker 11: told this was just to authorize them to contact our
Speaker 11: homeowner's insurance to start a claim. And get the insurance
Speaker 11: of Jester out here and all that sort of stuff.
Speaker 1: They lied to you. They lied to you. It's a
Speaker 1: it's a full it's a full contract. Wow, what else
Speaker 1: can I tell you?
Speaker 13: They lied to you anyway?
Speaker 1: So let me well, they should have had by law,
Speaker 1: by call Colorado state law, they have to give you
Speaker 1: a three day right to rescind on a roofing contract.
Speaker 1: Did they do that?
Speaker 11: Well, we signed it nine to six September sixth.
Speaker 1: So and they told you, they told you it's not
Speaker 1: really a contract.
Speaker 11: No, they told us. It authorizes them to start talking
Speaker 11: to our homeowners.
Speaker 4: Well, yeah, and it also authorizes them to be your
Speaker 4: roofer right or to designate a rufer.
Speaker 1: I want you to. Can you send us a copy?
Speaker 1: We have an attorney in the studio.
Speaker 5: Yeah, I got it ready to go.
Speaker 4: Hold on, hold on, hold on, I want to get
Speaker 4: that during the break. John Fuller can look at it.
Speaker 4: Three oh three seven one three eight two five five
Speaker 4: And don't forget John Fuller's here, personal injury attorney, Personal
Speaker 4: Injury coo dot go with a sure thing Denver's Best
Speaker 4: Roofer Excel Roofing dot com.
Speaker 1: You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free, no obligation in comparison,
Speaker 4: call Compass insurance paying too much your coverage? That does
Speaker 4: of insurance companies? Find out now three all three seven
Speaker 4: seven to one.
Speaker 1: Help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate Man dot com to list your
Speaker 4: home with Remax Alliance three all three nine two zero
Speaker 4: sixteen twenty two.
Speaker 2: Ripped news.
Speaker 1: You need advice?
Speaker 3: Who you don't have? Come running just as fast as
Speaker 3: we can.
Speaker 2: Shooter's gonna help coming.
Speaker 1: Man Dick is the Troubleshooter Show. No Tom Martino, Hi.
Speaker 4: Tom Martino, your troubleshooter, Welcome to the show. Three O
Speaker 4: three seven one three talk three oh three seven one
Speaker 4: three eight two five five. Here to help you solve problems,
Speaker 4: answer question, take complaints, make your life a little easier.
Speaker 1: Whatever it takes, we'll.
Speaker 5: Do for you.
Speaker 4: So we want to take your calls on anything. He's
Speaker 4: got a question on email, and excuse me on a
Speaker 4: roofie and she emailed the contract and did we get that?
Speaker 1: And did we get John looking at it? I didn't
Speaker 1: look at it yet, but I will now.
Speaker 17: We got to get it, okay, So you both come
Speaker 17: it in your inbox. I need John's email, Well, yeah, okay,
Speaker 17: I'll get it to it.
Speaker 1: Get that okay.
Speaker 4: So on this contract, I'm looking at it and again
Speaker 4: we'll just look at this roughly. Now, there's only one
Speaker 4: page here, right, that's it. That's all she sent was
Speaker 4: this one page, correct, I can read it. I the
Speaker 4: insured of the property hereby constitute and a point r
Speaker 4: JI Professionals the contractor as my contractor in fact, all right,
Speaker 4: and an authorized said contractor to act on my behalf
Speaker 4: in any means and effect and cure the submitting and
Speaker 4: are processing of claims resulting from by the way they been,
Speaker 4: Are they public adjusters, because that's what they're sounding like,
Speaker 4: associated with any manner related to the damage that repairs. Basically,
Speaker 4: you've just said, these guys are the they're your contractor, I.
Speaker 13: Mean, no matter what they power attorney, you know.
Speaker 1: Yeah.
Speaker 4: I appoint RJI Professionals to gather and collect all relevant
Speaker 4: and pertinent information to be used in connection with the
Speaker 4: submission and processing of all.
Speaker 1: Claims or potential claims.
Speaker 4: This authorization includes, but not limited to, corresponding to my
Speaker 4: insurance carrier agents and others, including and not limited to
Speaker 4: the manufacturer, government agencies, insurance carriers, and to procure all
Speaker 4: documents necessary, and to conduct claims of the property using
Speaker 4: and expanding otherwise the scope of repairs.
Speaker 1: Are these guys public adjusters? No, I think you're contractors.
Speaker 13: Just revoke it.
Speaker 4: Well, hold on, and it says, in addition to signing
Speaker 4: my name to this original contingency form, I hereby grant
Speaker 4: authority to these guys, authority and permission to act on
Speaker 4: and perform every act or task required, proper or necessary
Speaker 4: to exercise the authority.
Speaker 1: I give them. You have been basically given them.
Speaker 4: I mean, God in Heaven, You've give them a complete
Speaker 4: authority over everything, including.
Speaker 1: Making your decisions on what kind of roof for any
Speaker 1: part of it. Holdowner herebias agrees.
Speaker 4: To assist contractor in his efforts in their efforts basically
Speaker 4: and to provide complete and accurate information, and to continually
Speaker 4: provide information and to allow the contra by the way,
Speaker 4: allow contractor to file all supplemental as, stimits, but not
Speaker 4: limited to, incorrect measurements, additional damages, code requirements, emergency requirements,
Speaker 4: additional scope and general contractors, overhead and profit contractor, represents
Speaker 4: and warrants that contract or subcontract, contract employees, and contract
Speaker 4: personnel will comply with all federal, state, and local laws
Speaker 4: requiring licenses, business building permits, coverage certificates required.
Speaker 1: Okay, guess what they didn't put a right to rescind in? Here?
Speaker 1: Was this signed in your home?
Speaker 5: I'm sorry?
Speaker 1: What was this signed in your home?
Speaker 11: On the porch?
Speaker 3: Here?
Speaker 1: Okay, let me explain something to you.
Speaker 4: There's a law, and I know if John looks it
Speaker 4: up that says if you don't get the right to
Speaker 4: rescind when you should have gotten it, then then you
Speaker 4: have the right to rescind until they give you the
Speaker 4: right to rescind.
Speaker 1: And it expires.
Speaker 5: Okay.
Speaker 4: What I mean is I would do what John Fuller says.
Speaker 4: I would call him up and revoke it out. Who
Speaker 4: are these people?
Speaker 1: Who are they?
Speaker 4: Do you?
Speaker 1: How did you even? Can you tell me how you
Speaker 1: picked them?
Speaker 11: They came around the neighborhood, knock them on door?
Speaker 4: Okay, the worst way, the worst way you could, the
Speaker 4: worst way in the world to pick a contractor.
Speaker 1: You did it. Why would you do that? I mean,
Speaker 1: I'm really curious. I'm not trying to make you feel bad.
Speaker 1: Why would you do that?
Speaker 5: Well, we need a new roofs and it wasn't just
Speaker 5: a roof, it was like windows.
Speaker 1: And by the way, you know, they they have some
Speaker 1: good Uh, I don't know if it's I mean, they
Speaker 1: don't have bad reading.
Speaker 4: I'm not I'm not saying they're automatically bad. I'm just
Speaker 4: saying I don't like this. You didn't know what you
Speaker 4: were getting into.
Speaker 11: Well, they told us it was only to uh, you know,
Speaker 11: let them talk to our insurance company.
Speaker 1: And well, when you read it, did you couldn't you
Speaker 1: see couldn't you look at you?
Speaker 8: Did?
Speaker 1: Read it? Right?
Speaker 3: Yeah?
Speaker 5: I read it?
Speaker 3: Now?
Speaker 1: Really? Truly truly? What part of that?
Speaker 14: What?
Speaker 1: What what you say to you?
Speaker 14: What?
Speaker 1: I'm sorry?
Speaker 4: What did you say when I said didn't couldn't you see?
Speaker 4: By the couldn't you see that? It was way more
Speaker 4: than just talking to your insurance company?
Speaker 11: Yeah, when I actually looked at it. Actually, my husband
Speaker 11: signed it, and I'm much more lerious contracts than he is.
Speaker 1: It says Kathy and Mike.
Speaker 11: Yeah, but he's the one that signed it.
Speaker 5: Yeah, I'm not.
Speaker 1: Even sure if this is a signature. Is this a signature? No,
Speaker 1: I'm saying, is void, unenforceable. Did you hear what John saidiculous?
Speaker 1: It's ridiculous. It's ridiculous.
Speaker 13: It doesn't even talk about damage to your roof from
Speaker 13: a storm or any particular you know, peril. It's just
Speaker 13: the most general, overbroad crap thing I've seen and listen
Speaker 13: a really.
Speaker 1: Long time, and I agree with John Fuller.
Speaker 4: Now, did you, by the way, call them and say
Speaker 4: you want to cancel or write them and tell him
Speaker 4: you want to can we'll do it?
Speaker 8: Do it.
Speaker 1: I'm not saying you don't want to use them. Actually
Speaker 1: I don't. I wouldn't, but I just don't like the
Speaker 1: way they did business here.
Speaker 11: But you need to do I don't either, especially if
Speaker 11: they lied to us.
Speaker 4: Well, I don't know you're saying they lied to you
Speaker 4: based on this contract. They were pretty clear on what
Speaker 4: they were going to do and you signed it, So
Speaker 4: I can't say that they lied to you.
Speaker 1: You know what I'm saying.
Speaker 13: Yeah, there's no there's no scope, there's no term, there's
Speaker 13: no right to revoke, there's no terms there and there's
Speaker 13: nothing there's nothing. It has to have a I mean
Speaker 13: to the extent that this maybe could be construed as
Speaker 13: like a power of attorney, which it almost seems like
Speaker 13: it is. It absolutely has to be revocable upon notice.
Speaker 13: So I mean, just I would write them a one
Speaker 13: line thing saying, you know, this document that we signed
Speaker 13: is hereby revoked. Your services are no longer required. You know,
Speaker 13: it's nothing.
Speaker 11: It's too weird for me. And it gets even weirder.
Speaker 1: What's that? What's weirder?
Speaker 5: So and on a better business.
Speaker 11: Thing, and people were complaining about them. You know, it's
Speaker 11: been over a year and things are still.
Speaker 1: Not repaired or just the pound sand.
Speaker 5: And so I asked, I did ask, you know, hey,
Speaker 5: what work will be done this year?
Speaker 11: And they said nothing, and it's a long list from
Speaker 11: a hail damage storm.
Speaker 1: And that i'd call.
Speaker 10: You want to have someone that's really going to help
Speaker 10: you and walk you through it and do it the
Speaker 10: right way, call Matt over at Paragon Services.
Speaker 3: Matt.
Speaker 1: Matt's a public adjuster. It's completely Yeah, he fights for you,
Speaker 1: that you're his client.
Speaker 11: But but yeah, but different than.
Speaker 8: The state farm insurance adjuster that okay, he goes up again.
Speaker 4: Let's explain this, Okay, Public adjusters are different than insurance
Speaker 4: adjusters and independent adjusters. The name independent adjusters gives the
Speaker 4: false impression. Independent adjusters are hired by insurance companies when
Speaker 4: they run short of their own insurance adjusters. Those two
Speaker 4: independent and regular insurance adjusters work for the insurance company.
Speaker 4: Their job is to look at your claim and whether
Speaker 4: you like it or not, the truth of the matter
Speaker 4: is they look at your claim and try to pay
Speaker 4: as little as possible.
Speaker 1: Okay, that's what they try to do. Okay.
Speaker 4: So now a public adjuster is as the name implies,
Speaker 4: they work for the public. So you hire them and
Speaker 4: they take a look at what the insurance company said.
Speaker 1: And think, oh, you need way more than this. You
Speaker 1: need this, you need this, you need this, you need this.
Speaker 1: As a result of that.
Speaker 4: You then get more money and they take a small percentage.
Speaker 4: Usually you can't get near as much as you can
Speaker 4: on your own. It's just like hiring a personal injury attorney.
Speaker 4: I mean, they take a percentage of what they collect,
Speaker 4: but they almost almost always when they're good, like John
Speaker 4: Fuller here, they collect more.
Speaker 1: So that's what they do. You don't always need.
Speaker 4: A public adjuster unless you have multiple areas of damages. Now,
Speaker 4: a good roofer like Excel Roofing would come to your
Speaker 4: house and they would say, you know what, I would
Speaker 4: call a public adjuster because you have way more than
Speaker 4: roof damage.
Speaker 1: Because they know and they can recognize it.
Speaker 4: A bad roofer will say we'll take care of it all,
Speaker 4: and not that they won't, it's just that I think
Speaker 4: when it gets into multiple areas, meaning roof siding, windows,
Speaker 4: and different things, a public adjuster will probably get you
Speaker 4: more money than any individual roofer or contractor could. So
Speaker 4: did that company RJI that tricked you into signing this?
Speaker 1: Did they? And I shouldn't use the word trick? Who
Speaker 1: got you to sign this? Did they say you have
Speaker 1: multiple areas of damage?
Speaker 5: Yes?
Speaker 1: And then you may want to call.
Speaker 4: Matt and get started there, but first rescind this contract.
Speaker 4: And I'm not even sure these people are licensed marked
Speaker 4: to do what they're.
Speaker 1: Doing, don't.
Speaker 10: I'm not sure you have to be licensed as a
Speaker 10: public adjuster in Colorado. I'm not sure. But I don't
Speaker 10: know what these people are trying to do by that agreement.
Speaker 13: They're just can we get you know what?
Speaker 1: Can we get Matt on the line? I think sure
Speaker 1: can get paragra in order to negotiate with an insurance company.
Speaker 4: I think they're special licensing and I don't think a
Speaker 4: roofer can do it technically except in the scope of
Speaker 4: the roof. So these people doing a contract like this,
Speaker 4: it looks a lot like a public adjust They look
Speaker 4: like if you go to their website, they look like
Speaker 4: their general contractors.
Speaker 1: That appears to be what they.
Speaker 4: Do, but it doesn't appear as if they are public adjusters. Again,
Speaker 4: we're telling you what we think you should do. You
Speaker 4: can take it from there and call us back. I
Speaker 4: need any help. I gotta take a break. Meanwhile, let's
Speaker 4: get mad on to talk about this in general. Three
Speaker 4: oh three seven one three talk seven one three eight
Speaker 4: two five five Go with a sure thing Denver's Best
Speaker 4: roofer Excel Roofing dot com.
Speaker 1: You don't pay a cent until you're content. Wait time for.
Speaker 4: An insurance check up, free no obligation comparison call Compass
Speaker 4: Insurance paying too much your coverage at dozens of insurance
Speaker 4: companies find out now three oh three seven seven to
Speaker 4: one help. You'll think you're his only customer when you
Speaker 4: choose Frank durand the real estate Man dot com to
Speaker 4: list your home with Remax Alliance three oh three nine
Speaker 4: two zero sixteen twenty two. Hi Tom, Artino here three
Speaker 4: O three seven one three talk seven one three A
Speaker 4: two five five.
Speaker 1: Let's talk. Suzanne's on Sues and she has a update.
Speaker 1: Go ahead, Sue's what's going on Tuesday?
Speaker 18: Up on Friday needing help with a nonprofit organization called
Speaker 18: Action and Snacks up in Guilton County. And what they
Speaker 18: do is they go around to the community and they
Speaker 18: help out eligible folks who need help with fire mitigation
Speaker 18: on their property.
Speaker 5: Okay, you follow me so far?
Speaker 18: Yes, Okay, So I guess Amy's had some trouble communicating
Speaker 18: with them to get them out there to do whatever
Speaker 18: needs to be done on our property. Well, the guy
Speaker 18: that sort of heads off the organization called me over
Speaker 18: the weekend and said they've been out to Amy's place
Speaker 18: three times. The kind of fire mitigation that she needs
Speaker 18: is far too dangerous for what their volunteers are equipped
Speaker 18: to do. Oh shoot, So really what she needs is
Speaker 18: a professional service. I don't know why she came on
Speaker 18: saying they haven't called her back and all that, Tom,
Speaker 18: but really she needs a professional service to go out
Speaker 18: there to handle the type of mitigation that she needs.
Speaker 11: Son.
Speaker 18: Now, they did suggest that she called tempt then they
Speaker 18: might have some resources for her. I didn't know Tom
Speaker 18: if maybe our listeners would know up some resources or
Speaker 18: some grands out there.
Speaker 1: You know, I've never heard of I've never heard of
Speaker 1: anything like that.
Speaker 4: So in other words, she lives in the country or
Speaker 4: somewhere near trees and bushes and all that, and needs
Speaker 4: to help get.
Speaker 18: Her property near Blackhawk. She's up near Blackhawk, I believe.
Speaker 4: Okay, And so Amy, you what are your neighbors doing?
Speaker 4: I mean, most everyone can afford it?
Speaker 16: Is that what it is?
Speaker 1: And you can hand is Amy there always is? Yeah,
Speaker 1: this is Amy, right or not? Is this the one
Speaker 1: you were working with? Sus Amy? I am here, okay,
Speaker 1: So tell me what you've done in past years.
Speaker 19: Well, number one, I'd like to say, they never called
Speaker 19: me back after the last visit, and they said they
Speaker 19: could do the nine or ten trees, but the rest
Speaker 19: they couldn't.
Speaker 5: And as I.
Speaker 19: Mentioned to you, they said they intended to take all
Speaker 19: the firewoods from those trees and only leave me the
Speaker 19: firewood from two down trees that they offered to cut up.
Speaker 19: So Steve, I believe, as a gentleman who's the contact,
Speaker 19: was not telling you the same thing he had discussed
Speaker 19: with her.
Speaker 1: Well, okay, but here's what I'm missing.
Speaker 18: Can't be a choosers. It sounds like they've done all
Speaker 18: they can do to help you.
Speaker 11: Yeah.
Speaker 1: Yeah, I don't want to get into I don't want
Speaker 1: to get into he said. She said, it's not worth
Speaker 1: it right now.
Speaker 4: I just want to know you were getting free services
Speaker 4: from these people and now you can't.
Speaker 1: So I need to know did you previously get services
Speaker 1: from them?
Speaker 4: No?
Speaker 1: Okay, So in the past years, what have you done
Speaker 1: for fire mitigation in the past years?
Speaker 19: I just pick up, I just pulled down.
Speaker 11: Okay, and so.
Speaker 1: All right, So when you when you learned about this service,
Speaker 1: it's a nonprofit service, I guess, yes, sir. And when
Speaker 1: you learned about it, what happened? You called them? And
Speaker 1: are you saying the only difference was they wanted to
Speaker 1: take the firewood they got from the trees and you
Speaker 1: didn't want them to.
Speaker 19: Yes, or I wanted to at least keep saying.
Speaker 1: Here, they're coming and doing this free for you, and
Speaker 1: you were upset that they wanted to take care in
Speaker 1: her house just to hold on, we're leaving something out
Speaker 1: though her house is a shack and she really doesn't
Speaker 1: have heat during the winter, so that firewood is what
Speaker 1: keeps her warm. So I mean, we really do need
Speaker 1: that part out.
Speaker 18: Oh okay, Well I could call Steve back and ask
Speaker 18: him about that, but my understanding was like, yeah, she's
Speaker 18: in a mobile home and it's very dangerous the kind
Speaker 18: of mitigation she needs done that his volunteers cannot do that,
Speaker 18: but it does need to be done. He felt terrible
Speaker 18: for her, but he was just a little bummed out
Speaker 18: that she came on the air saying they've never called
Speaker 18: her back because they've been to her house.
Speaker 4: Well, yeah, and that part the bottom line is whether
Speaker 4: they called her back or not. They can't do it, okay,
Speaker 4: and they're not obligated to they're nonprofit.
Speaker 1: So what do we So the question is what do
Speaker 1: we do for her? I mean, what do we do?
Speaker 1: I don't know.
Speaker 18: I mean, well, I know how in Douglas where we're at,
Speaker 18: their federal grants available for some mitigation. I don't know
Speaker 18: anything about being eligible for it.
Speaker 5: Tom.
Speaker 18: I'm hoping maybe one of our listeners might know something
Speaker 18: about it. That's something that might help.
Speaker 1: Her, right, it would help you know.
Speaker 10: I think that that what's it called, Susanne the action
Speaker 10: and what is it called action. I think they'll bring
Speaker 10: you firewood as needed. That's another thing they do. So
Speaker 10: if you call them up and need firewood, my understanding
Speaker 10: is they'll bring it to you.
Speaker 19: Yes, sir, and I appreciate what you do. But I
Speaker 19: am telling you from my heart in the name of
Speaker 19: Jesus Christ. He's lying a better story.
Speaker 1: Okay, But but I don't. I don't care if he's lying.
Speaker 1: I mean the guy. The guy thinks they called you back.
Speaker 1: You said he didn't. I believe you.
Speaker 4: What difference does it make in the scheme of things?
Speaker 4: What difference does it make?
Speaker 18: I just want you to know that I called you
Speaker 18: with Wait, we're not accusing you of anything.
Speaker 1: Sometimes people are totally honest and they each have a
Speaker 1: different interpretation of what happened. We're not calling you a liar.
Speaker 4: All we're saying is this, he said he called you back,
Speaker 4: and you say he didn't. I don't care about that.
Speaker 4: What I care about now is fire mitigation. But Amy,
Speaker 4: if you want to fight about the other thing, go
Speaker 4: somewhere else. I care about fire mitigation. If anyone has
Speaker 4: ideas for her, let's figure it out. I'm Tom Martinez.
Speaker 4: We have more coming up. Go with a sure thing
Speaker 4: Denver's Best roofer Excel Roofing dot com. You don't pay
Speaker 4: a cent until you're content. Time for an insurance check
Speaker 4: up free, no obligation. In comparison, call Compass Insurance paying
Speaker 4: too much your coverage at dozens of insurance companies find
Speaker 4: out now three O three seven seven one help.
Speaker 1: You'll think you're his only customer when you choose.
Speaker 4: It's Frank durand the real estate Man dot com to
Speaker 4: list your home with Remax Alliance three oh three nine
Speaker 4: two zero sixteen twenty two. Hi, Tom Martino, your troubleshooter
Speaker 4: three O three seven one three talk seven one three
Speaker 4: eight two five five.
Speaker 1: Okay, so we're going to go back to Kathy.
Speaker 4: I want to remind everyone we're going to recap this
Speaker 4: car deal by the way, UH coming up, but right
Speaker 4: now we're on to Kathy.
Speaker 1: We couldn't get our public adjuster on.
Speaker 4: But we're still convinced that you should cancel this contract
Speaker 4: and uh and just start over because you because you
Speaker 4: don't feel good about it to begin with, and that's important.
Speaker 1: Okay, So really that's what you do.
Speaker 4: I want you to call us back if they give
Speaker 4: you any trouble, but you can tell them you spoke
Speaker 4: to an attorney and the attorney didn't think it was enforceable.
Speaker 4: It was too wide, it was too general. There was
Speaker 4: no three day right to resin as required by state
Speaker 4: law for and federal law for home contracts. And technically
Speaker 4: because they didn't put in a three day right to rescind,
Speaker 4: that three day rights starts when they give it to you,
Speaker 4: and no matter what, you're going to rescind it.
Speaker 1: So, I mean, and put it in writing. Do you
Speaker 1: have an emails right too?
Speaker 11: Yeah? I'm writing them now. What's that lawyer's names?
Speaker 1: John Fuller?
Speaker 5: Okay, yeah, yeah, I.
Speaker 11: Can't believe they're just running around here. You know, I'm
Speaker 11: going to go talk to my neighbors that also find this.
Speaker 1: Yeah, you might want to. In fact, we should. We
Speaker 1: should call and see if they have I mean, it's
Speaker 1: only fair to call them to see if they haven't,
Speaker 1: you know, just want to get We have no idea
Speaker 1: if they do good work or not, but their contract.
Speaker 4: Yes, in fact, Kina call them. Do we have any
Speaker 4: deputies on right now?
Speaker 1: Ken doc?
Speaker 3: Is he here? Now?
Speaker 1: He's on YouTube?
Speaker 4: I'm looking at him, Deputy doc. Why don't we call
Speaker 4: over there and ask hand dollar or either one. Let's
Speaker 4: kachina figure it out. Let's just call over to this company,
Speaker 4: give him the opportunity to come on the air and
Speaker 4: figure out.
Speaker 1: Yeah, we'll do that off the air.
Speaker 5: Oh okay, all right.
Speaker 10: Now, I will say, if you hire someone that's going
Speaker 10: to do three, four or five different things and they're
Speaker 10: a good company, I've got no problem with them getting
Speaker 10: the overhead and profit and dealing with the insurance company
Speaker 10: and everything else. No, if you can't get the work
Speaker 10: done in a year, that's a little odd.
Speaker 1: Yeah, that's I don't understand it.
Speaker 4: So I want to see what they say basically, all right,
Speaker 4: because I believe that in Colorado you must be licensed
Speaker 4: as a public negotia ciator.
Speaker 1: And I'm not sure if that's your adjuster.
Speaker 4: Okay, now, I'm just reading from the the from a website.
Speaker 4: They must take a Colorado public adjuster examination and have
Speaker 4: a filing of license online and go through the a
Speaker 4: licensing process. Now, Mark, it wouldn't be the first time
Speaker 4: this artificial intelligence.
Speaker 10: Well, I guess what I'm saying is maybe technically to
Speaker 10: be a public adjuster, and we'll put that in quotes.
Speaker 10: But I'm not so sure. You can't do the exact
Speaker 10: same thing a public adjuster.
Speaker 13: Does for people as a contract.
Speaker 1: As a contract, Yeah, of course you can. Yeah, Well
Speaker 1: that's what i'm That's what I'm saying.
Speaker 13: Yeah, they're not they're not taking on a fiduciary role
Speaker 13: on behalf of these homeowners.
Speaker 1: They're taking on and we read that contract. Are you
Speaker 1: kidding me?
Speaker 4: They're not taking on a They're they're negotiating everything.
Speaker 13: As the as the agent that's actually doing the work.
Speaker 1: I mean, I mean, okay, and many I mean I'm
Speaker 1: not gonna look John, you're the one with the law degree.
Speaker 13: But yeah, okay, But that that doesn't mean that the
Speaker 13: literal language of it doesn't create an agency where they
Speaker 13: have a fiduciary duty to act in the best interests
Speaker 13: of the homeowner. They only have a duty to act
Speaker 13: on the homeowner's behalf in working out you know, issues
Speaker 13: of actual cash value, their you know, retainage or whatever
Speaker 13: else they're doing on these projects.
Speaker 1: But it doesn't need I mean, the document fails for
Speaker 1: a number.
Speaker 13: Of other reasons. It doesn't specify which storm they're dealing with,
Speaker 13: which damage, or how long the contract's going to last.
Speaker 13: How they're going to be compensated on and all right
Speaker 13: to resind, right to rescind. It has so many other problems.
Speaker 1: It did, It did have other problems.
Speaker 4: Now, my girlfriend said, even if you are a general
Speaker 4: contractor who will be doing the work, you cannot legally
Speaker 4: negotiate insurance claims on behalf of the property you will
Speaker 4: be working on in Colorado unless you are a licensed public.
Speaker 1: Now, John the trust. But trust me when I tell
Speaker 1: you that this thing has been wrong.
Speaker 4: A lot contractors can discuss the details of damage and
Speaker 4: cost with insurance companies, but they cannot negotiate settlements and
Speaker 4: increase prices.
Speaker 13: Well, I mean, every roof contractor in the state other
Speaker 13: than probably Excel Roofing. So I'm just gonna cut them
Speaker 13: out of the deal here. But every other one of
Speaker 13: them says, I'll deal directly with the insurance adjuster to
Speaker 13: come to a price that we can all agree with.
Speaker 1: How is that any different, Because here's what most roofers do.
Speaker 1: They say this is what is needed. They don't say,
Speaker 1: I mean, okay, maybe that's what this contract. This is
Speaker 1: what is needed. And then if the insurance company says okay,
Speaker 1: then that's all they're doing is negotiating what is needed,
Speaker 1: not that price different than they claim they're never going
Speaker 1: to because here's why, here's why.
Speaker 4: If if they say, we're going to let you do
Speaker 4: the deck, but we're only paying this much for it,
Speaker 4: and these guys say it's worth this much and try
Speaker 4: to gather information on that, they're negotiating a claim and
Speaker 4: a price.
Speaker 1: Not what has to be done. If the scope of
Speaker 1: work this needs a deck, that's not negotiation. That is
Speaker 1: that is describing a scope of work.
Speaker 4: I mean, certainly you can see the difference between negotiating
Speaker 4: the price and negotiating the scope.
Speaker 10: But like Genesis does all that, if they if they
Speaker 10: come out there, they're going to look at the siding,
Speaker 10: the deck, the roof. They're going to negotiate with the
Speaker 10: with the insurance company. F the adjustion has to work
Speaker 10: if well, hold on, hold on.
Speaker 4: If Mark Schamansky says to them it needs siding, and
Speaker 4: this is how much it is, and and the adjuster says,
Speaker 4: we only pay this much, and then they start negotiating.
Speaker 4: But if the adjuster says how much for the siding,
Speaker 4: and Mark gives them a price and they agree to it,
Speaker 4: that's not negotiating there is a there is a world
Speaker 4: of difference between scope and price and negotiation. There you
Speaker 4: can't negotiate to get more money for the homeowner. I mean,
Speaker 4: that's what this is saying.
Speaker 1: Again, if this is right, I'm reading this, adjust think
Speaker 1: I am too. I think I am too. Listen to this.
Speaker 10: Colorado is one of sixteen states that do not license
Speaker 10: insurance adjusters. I understand we're talking about public adjusters, but
Speaker 10: I am curious why you would have to be licensed
Speaker 10: as a insurance adjuster working for all state to try
Speaker 10: to get the price down when you wouldn't have to
Speaker 10: be for working for me as a homeowner to get
Speaker 10: the price up.
Speaker 1: I find that very interesting, Mark, Mark.
Speaker 4: It's got a whole section on public adjusters exams.
Speaker 1: I mean, you know, I don't. I mean, look at
Speaker 1: if you don't. If you're telling me they don't have
Speaker 1: to be.
Speaker 10: Licensed in Colorado, that's not what I'm telling you. I'll
Speaker 10: go back to exactly what I said.
Speaker 1: I don't.
Speaker 4: I think if you need to be it's inconsistent. You're saying,
Speaker 4: why can I work.
Speaker 10: For an insurance I'm fan I could go out and
Speaker 10: do what Matt does right now, not get in any trouble.
Speaker 1: That's what I'm saying. All right, Well, according to this website,
Speaker 1: you can, but I would love that. I kind of
Speaker 1: wish we could get his ass on I know, I
Speaker 1: know it, or any public adjuster call a public adjuster
Speaker 1: for guyse so I know.
Speaker 10: Who, you know who we could reach out to, because
Speaker 10: in his former life he did it. Doc not not doc,
Speaker 10: deputy doc. You know who I'm talking about. Joel Joe.
Speaker 1: Oh, you're absolutely right. Let's call him. Let's call Joel
Speaker 1: from doctor Joel.
Speaker 4: Yeah, yeah, we will three oh three seven one three
Speaker 4: eight two five five more coming up on the Troubleshooter Show.
Speaker 1: Eight eight eight Heating dot Com. They will look at
Speaker 1: your air conditioner and heater. They can help you.
Speaker 4: They are honest, they are great people, and they have
Speaker 4: high efficiency systems that work off a hybrid system with electricity.
Speaker 4: If you have a solar system, that's eight eight eight
Speaker 4: Heating dot Com seven seven zero two seven seven six
Speaker 4: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 4: dot Com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies.
Speaker 1: Find out now three oh three seven seven to one help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate man dot com to list your
Speaker 4: home with Remax Alliance three oh three nine two zero
Speaker 4: sixteen twenty two high Tom Martino your troubleshooter three oh
Speaker 4: three seven one three talk three oh three seven one
Speaker 4: three eight two five five or three oh three Martino
Speaker 4: three oh.
Speaker 1: Three sixt two seven eight four sixty six.
Speaker 4: I want to talk to Joel Cherdak, who, by the way,
Speaker 4: he's an entrepreneur, has a number of a number of businesses.
Speaker 4: Of course we deal with him on all of them,
Speaker 4: and uh he he is a public adjuster as well, Joel.
Speaker 1: We we have a question here. Man.
Speaker 4: This is some condy actor went to a woman's house,
Speaker 4: and man, it sounds a lot like he's negotiating claims
Speaker 4: and stuff.
Speaker 1: And I want to know. I just want to know,
Speaker 1: very simply, what is the licensing requirement in Colorado for
Speaker 1: a public adjuster.
Speaker 20: The licensing requirement is that you need to pass the
Speaker 20: state board examination in order to be licensed as a
Speaker 20: public adjuster, and.
Speaker 1: What does that allow you to do as a public
Speaker 1: adjuster that a contractor can't do.
Speaker 20: Well, you're allowed to discuss the terms of the policy
Speaker 20: with the insurance adjuster on the insurance side, whereas the
Speaker 20: contractor isn't isn't allowed to discuss the terms of the policy. So,
Speaker 20: for example, when there's an argument over whether the policy
Speaker 20: excludes something or allows something, typically can't be involved in
Speaker 20: a conversation. The public adjuster has been training and the
Speaker 20: knowledge to be able to make those arguments, you know,
Speaker 20: especially when you're adding on things to your policy. Uh,
Speaker 20: you know, extra coverages, things, a loss of the use.
Speaker 20: There's certain things that oftentimes the carrier may say are covered,
Speaker 20: but when you read the actual language of the policy
Speaker 20: you see that it is. But it's a public adjusters
Speaker 20: shop to be able to make those arguments.
Speaker 4: Oh so a contractor then correct me if I'm wrong.
Speaker 4: A contractor would be able to go to a homeowner
Speaker 4: and say I want to handle your work. I'll meet
Speaker 4: with the adjuster. They can meet with the adjuster. They
Speaker 4: can say, look, we believe they need this roof and
Speaker 4: it's going to cost this much, and the adjuster says no,
Speaker 4: it should be a little less than that, and they
Speaker 4: can argue price and conditions and all of that as
Speaker 4: far as what a contractor believes the homeowner needs.
Speaker 8: Yes, okay, you know here, here's a good.
Speaker 5: Will exclude.
Speaker 1: So for more than all right, he's cutting out. Yes,
Speaker 1: say that again, Joel.
Speaker 16: So can you hear me, Tom?
Speaker 1: Yeah, now we can hear you. Better go ahead. Okay.
Speaker 8: So here's a good example.
Speaker 20: Let's say we'll say they won't cover a water loss
Speaker 20: and it's a slow occurring of a course of more
Speaker 20: than two weeks.
Speaker 1: Yeah, and I'm so committing.
Speaker 20: And if they seem like a little bit of mold,
Speaker 20: we'll say it.
Speaker 8: They'll say about this is an old week, right, okay,
Speaker 8: And then you know the.
Speaker 10: Sounds like once they acknowledge coverage on a particular item,
Speaker 10: here are the contractors free to do whatever they want.
Speaker 1: So I totally misunderstood.
Speaker 4: I totally misunderstood the term negotiation from this from my AI.
Speaker 1: They said, you know that contractors aren't allowed to negotiate.
Speaker 1: I know exactly what you're talking about. They can't negotiate terms.
Speaker 1: They can, yes, they can.
Speaker 4: They can't negotiate terms of the policy like actual coverage. Yeah, okay, well,
Speaker 4: thank you Jaell that that now, in addition, of course
Speaker 4: to being a public adjuster, they also do stem cell therapy,
Speaker 4: which I can't say enough about it. It's just wonderful.
Speaker 1: And they do it on a budget.
Speaker 4: They really do, I mean, compared to the rest that
Speaker 4: I've compared. Denver Regen dot com. I appreciate it, Joel,
Speaker 4: thank you? All right, all right, Denverregen dot com. All right,
Speaker 4: I don't believe I owe you at break?
Speaker 16: Do I do it?
Speaker 1: Well, whether you owe it or not, we're going to
Speaker 1: break what in a minute?
Speaker 4: Oh yeah, John Fuller, real quick here, somebody wants to
Speaker 4: know as far as negotiating.
Speaker 1: Now, I've never heard that. Well, maybe we've heard this question.
Speaker 4: What would be wrong with them going as far as
Speaker 4: they think they can with their insurance and then hiring
Speaker 4: you if they don't like the result.
Speaker 1: This is a text.
Speaker 13: Yeah, everything up to that point is what could be
Speaker 13: wrong with that?
Speaker 1: Listen.
Speaker 13: I'm not going to sit here and tell you that
Speaker 13: you can't do that, and clearly many many people have,
Speaker 13: but I have told you and everybody that will listen
Speaker 13: that I think I can improve the value you have.
Speaker 13: A Personal injury claim by as much as twenty or
Speaker 13: thirty percent of what goes into the person's party are
Speaker 13: into their pocket based on what I do in the
Speaker 13: first week or two of the claim. That has nothing
Speaker 13: to do with negotiating, just in setting the claim up
Speaker 13: properly and making sure that the insurance companies pay the
Speaker 13: way and in the order that they're supposed to. So
Speaker 13: you do it yourself all you want, but you do
Speaker 13: it at your own risk.
Speaker 1: Thank you very much.
Speaker 4: We've got more coming up on The Troubleshooter Show. Three
Speaker 4: o three seven one three Talk or three oh three
Speaker 4: Martino three oh three.
Speaker 1: Six two seventy four sixty six.
Speaker 4: Go with a sure thing Denver's Best roofer Excel Roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Please time for an insurance checkup free, no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three oh three seven
Speaker 4: to seven to one help. You'll think you're his only
Speaker 4: customer when you choose Frank to and the real estate
Speaker 4: Man dot com to list your home with Remax Alliance
Speaker 4: three oh three nine two zero sixteen twenty two.
Speaker 1: Yeah, ripped.
Speaker 2: News didn't need advice, so you don't have.
Speaker 3: Come running. Just as fast as we can.
Speaker 2: Shooter's gonna help coming.
Speaker 11: Man.
Speaker 1: This is the Troubleshooter Show now, Tom Martine, Hi, Tom
Speaker 1: Martino here, Welcome to the show.
Speaker 4: Three oh three seven one three talks seven one three
Speaker 4: eight two five five.
Speaker 1: What's going on in your life? Well, we had a
Speaker 1: call earlier in the hour and or earlier in.
Speaker 4: The show, and we had Kathy call and said that
Speaker 4: she felt like she was tricked into signing a contract.
Speaker 1: The contract was all inclusive.
Speaker 4: They said, Hey, it's just so we can contact your
Speaker 4: insurance company and whatever. I mean, it clearly showed way
Speaker 4: way more than that, and I have to admit it
Speaker 4: was pretty clear they were going to do everything. There
Speaker 4: were no specifications now, just saying that they had the
Speaker 4: right to negotiate and they had the right to do
Speaker 4: all of this. There were no prices even, which is
Speaker 4: weird because technically roofing contracts in Colorado are required to
Speaker 4: have a price, required to have a penalty, clauses if any,
Speaker 4: required to have her three day right to rescind, required
Speaker 4: to have all kinds of things. This didn't have now
Speaker 4: they could argue, well, it wasn't really a roofing contract,
Speaker 4: it's a general general contractors contract. But I don't know
Speaker 4: if they can get around it. Well, that responded, I
Speaker 4: understand that. That's why I'm giving the recap. And then
Speaker 4: also they basically so they had her sign it and
Speaker 4: there's nothing about details, materials, needed.
Speaker 1: Anything, anything at all.
Speaker 4: It was basically a contract to gather all of that
Speaker 4: and to have exclude of rights to do the work.
Speaker 1: And Kathy, we told you it seemed a little weird.
Speaker 4: And our attorney, John Fuller today, our personal injury expert,
Speaker 4: he said, you know, reading it as a contract, there's
Speaker 4: so many things left out of this thing that I
Speaker 4: don't see how they can enforce it.
Speaker 1: So what And we told you to call them or
Speaker 1: to email them and cancel it. What happened.
Speaker 11: Oh, I sent them an email with a list of
Speaker 11: you know, just some of the things, John Fuller said,
Speaker 11: And they have replied back it says, it's not we
Speaker 11: don't have a contract. It's just a contingency to work
Speaker 11: with you and your insurance adjuster to do the adjustment.
Speaker 1: That's that is so crazy. Then tell them you want
Speaker 1: to rescind that Well, they're not saying no, I'm reading it.
Speaker 1: They're saying, look, you have no contract.
Speaker 10: If you don't want to use this, you simply are
Speaker 10: going to have to deal with your insurance agent or
Speaker 10: I'm not agent, but adjuster yourself.
Speaker 1: Does it say that in the agreement, Yeah, it says
Speaker 1: exactly that. Well, it says that in their reply. Oh,
Speaker 1: in their reply. But wait a minute, but what about
Speaker 1: doing the work.
Speaker 10: They're saying there is no contract yet they lay this out. Okay,
Speaker 10: now there's no contract. We're going to help you get
Speaker 10: the most we can and get everything covered. We think,
Speaker 10: I'm paraphrasing that we can get covered after that, once
Speaker 10: we know what they're going to pay for, we'll get
Speaker 10: a contract that you'll sign for us to do the work.
Speaker 4: Well that there's nothing wrong with that, but I would
Speaker 4: still say, just to be safe, John, I don't know
Speaker 4: how you feel that. I want to resind that and
Speaker 4: I want to I want to hire a public adjuster.
Speaker 13: Yeah, that would be my preference. I would certainly want
Speaker 13: to either do it myself or have a fiduciary working
Speaker 13: on my behalf. In that respect, I.
Speaker 1: Don't know what there's really to resin though.
Speaker 13: After they reply, and this for send the authority to
Speaker 13: send the authority to do anything that they felt like
Speaker 13: they had under that agreement.
Speaker 10: Exactly what I'm saying is if you read the response,
Speaker 10: so they're basically saying there is no agreement, yeah, but
Speaker 10: in the contract.
Speaker 1: But they are saying they're still going to negotiate.
Speaker 13: Yeah, And so that would be the end of that.
Speaker 13: There is no agreement and now you have no authority.
Speaker 13: It's been revoked. Just simply say I hereby revoked the
Speaker 13: agreement that was found on this date between A and B.
Speaker 13: I get you, I guess you, and thank you for
Speaker 13: your time.
Speaker 3: Move on.
Speaker 1: That's what I would do. I would say.
Speaker 4: I would say, I appreciate you acknowledging I have no contract.
Speaker 4: I also want to rescind this agreement which gives you
Speaker 4: authority to negotiate on my behalf.
Speaker 1: That's what I would do. Makes sense.
Speaker 11: Yeah, it's a scary I mean, does Excel put stuff
Speaker 11: out there?
Speaker 4: No, no, never, never ever ever ever and when you
Speaker 4: contact them, you'll you'll notice the difference immediately.
Speaker 1: Excelroofing dot com.
Speaker 10: By the way, you want Matt with Paragon Services to
Speaker 10: fight with your insurance company that's.
Speaker 4: Right, but also so for a roofer, there's no question
Speaker 4: excelroofing dot com absolutely, and it doesn't matter if you call,
Speaker 4: if you can contact both, they don't interfere with each other.
Speaker 4: And Excel is three oh three seven sixty one sixty
Speaker 4: four hundred.
Speaker 1: Now did we give her the number four? Did we
Speaker 1: give her the number for Matt? No, we haven't. Let's
Speaker 1: do that.
Speaker 4: Look that up for me, Mark if you could, and
Speaker 4: then and you take this number down and then you'll
Speaker 4: be covered. Now, not everyone needs a public adjuster, but
Speaker 4: you know Pat.
Speaker 10: Also, I mean Matt, let me give this real quick
Speaker 10: seven nine seven two six zero zero twenty.
Speaker 1: And I should mention this. Matt will tell you if
Speaker 1: you really need him or not. He'll never take a
Speaker 1: job if he doesn't think you need him. He doesn't,
Speaker 1: he says, you know what you can do this? Oh,
Speaker 1: you just have a roof call excels.
Speaker 10: Generally, where a public adjuster starts pulling their own weight,
Speaker 10: not only will they get you all the dollars your
Speaker 10: insurance company contractually, but there's another there's another basis to it.
Speaker 10: When there's more than three things going on. So let's
Speaker 10: say you need landscaping work or a landscaper. You need
Speaker 10: a roofer and you need a siding guy. When you
Speaker 10: have more than three. Most of those insurance contracts agree
Speaker 10: to pay ten percent overhead and profit to somebody. So
Speaker 10: that's one of the things that you can work through
Speaker 10: with Matt.
Speaker 1: Now, John Fuller, I got a text here.
Speaker 3: There.
Speaker 1: This is crazy.
Speaker 4: I don't know what kind of a doctor. Their doctor says,
Speaker 4: even though they don't have symptoms. Now they went to
Speaker 4: a doctor because they got in an accident. They said,
Speaker 4: even though you have symptoms, you don't have symptoms.
Speaker 1: Now this is something that could act up in the
Speaker 1: future because I see some damage. What does that mean, John,
Speaker 1: what do you do in a case like that?
Speaker 13: Well, in legal you know jargon if you will. Yeah,
Speaker 13: the ad fall party is responsible for all of their damages.
Speaker 13: And and yet you have the burden of proving those
Speaker 13: damages right, and so your burden of proof is, you know,
Speaker 13: to determine what which damages There is a you know,
Speaker 13: more likely than not probability of them occurring in the future.
Speaker 13: It's not possibility, it's probability. And so one way to
Speaker 13: think about it is, unless there's more than a fifty
Speaker 13: percent chance that something happens down the road. It's just
Speaker 13: a possibility, and the defendant is not going to be
Speaker 13: on the hook for it. But you bear that responsibility
Speaker 13: to prove that. So we always deal with the difference
Speaker 13: between possibility and probability.
Speaker 1: Okay. And so without symptoms, you'd have a tough time
Speaker 1: getting anything at this point.
Speaker 13: Right, it sounds really close to a possibility to me.
Speaker 13: And you know they're going to hold you to your
Speaker 13: burden of proof.
Speaker 1: Okay, all right, three L three seven one three eight two,
Speaker 1: five to five. Michelle? Is this another issue?
Speaker 14: Yeah?
Speaker 1: Another roofing issue? Go ahead, Michelle, Michelle, are you there?
Speaker 13: Fine?
Speaker 1: What's happening?
Speaker 5: I had a roofer come and fix my roof and
Speaker 5: it was kind of a nightmare.
Speaker 1: Now was this Was this as a result of storm damage?
Speaker 1: Was it replaced in your roof? Okay?
Speaker 5: Okay damage? It was the insurance claim. He came, had
Speaker 5: his men come and fix it, and when he got done,
Speaker 5: he left holes in my awning. He just put boards
Speaker 5: over it, and my awning still a leaks, very bad.
Speaker 5: And then I started smelling some.
Speaker 1: Now, your insurance paid for this, right, I have.
Speaker 5: The checks for it. I have never cashed him. I
Speaker 5: have not paid them. I smelt something as if it
Speaker 5: was a leak in my roof. I got up in
Speaker 5: the attic. The roofers put whole in my roof. So
Speaker 5: whenever it has any kind of storm coming in, it
Speaker 5: comes into my roof, it has not leaked all the
Speaker 5: way through into that.
Speaker 4: Okay, So the big problems that you so the roof
Speaker 4: was done, but the big problems now are.
Speaker 1: These areas you're outlining?
Speaker 5: Correct?
Speaker 1: Okay? What do they say about that?
Speaker 5: They I kept asking them to come and fix.
Speaker 4: It, and they and specifically specifically fix it. You describe
Speaker 4: more than it. So what are you talking about when
Speaker 4: you say it? Do you know right where the problem is?
Speaker 5: Yes?
Speaker 1: I have, Okay, Like where specifically if they had.
Speaker 5: To fix it, like what is it, it would be
Speaker 5: on the awning and it would awesome.
Speaker 1: And that's the only part the hole in the awning
Speaker 1: they put in.
Speaker 5: Right, there's two holes in the awning, and it's the
Speaker 5: awning is still leaking. I have video coverage of that.
Speaker 1: But it's leaking because of the holes.
Speaker 5: Right, it's leaking because of the holes, but it's also
Speaker 5: leaking where it was leaking originally. It wasn't fixed properly.
Speaker 4: Now when you say originally, what does that mean? When
Speaker 4: you had hail, you started having leaks?
Speaker 1: Correct?
Speaker 4: And where were those leaks that weren't fixed? They weren't
Speaker 4: in the holes? Where were they?
Speaker 5: They were on the awning. That's where it was mainly
Speaker 5: leaking on that part.
Speaker 4: But the roof needed to be on the main I mean,
Speaker 4: do you mean I get it, your roof had to
Speaker 4: be replaced, but the awning was leaking. But I don't
Speaker 4: get where the awning was leaking, Like, is it?
Speaker 1: What kind of awning is it?
Speaker 5: It's over the patio.
Speaker 1: Is it a canvas or tin or aluminum or what? No,
Speaker 1: it's wood, a wood awning?
Speaker 5: Correct?
Speaker 1: Do you mean like a roof? Yes, a wood.
Speaker 5: What they're considering it is to be an awning.
Speaker 1: Okay, over your patio? Correct? Okay, so it's basically your
Speaker 1: patio roof.
Speaker 4: Okay, And that was okay, got it? So what did
Speaker 4: they What did they put on top of that patio
Speaker 4: roof to fix it? Was that also roof shingles?
Speaker 3: Yes?
Speaker 4: Okay, so it's okay, So now they simply have to
Speaker 4: fix it. How did they put holes in it? I
Speaker 4: don't get it if they put a new roof on it,
Speaker 4: how they put.
Speaker 5: They were walking over. They did not put new OSB boarding.
Speaker 1: They did not put new decking on it, right, okay?
Speaker 1: Did they charge for new Did they charge for new decking?
Speaker 5: Yes?
Speaker 1: Okay.
Speaker 5: And when they were walking they put hole They ended
Speaker 5: up walking and putting holes in it.
Speaker 1: Okay. And they won't fix it.
Speaker 5: No, they just put a board. They said, that's good enough.
Speaker 1: Now, what do you mean put a board on top
Speaker 1: of the roof or underneath the shingles.
Speaker 5: Underneath the shingles.
Speaker 1: So they patched, corrected.
Speaker 4: But okay, okay, but the dude, let's figure out how
Speaker 4: we're going to handle this. Tom Martino three oh three
Speaker 4: seven one three talks seven one three eight two five
Speaker 4: five Compass Insurance.
Speaker 1: By the way, while we're speaking.
Speaker 4: About insurance, they do insurance checkups free for the asking
Speaker 4: to see you're not making too you're not paying too
Speaker 4: much for your coverage, or if you're under insured, possibly
Speaker 4: even over insured.
Speaker 1: It's all free. Three oh three nine nine six nine thousand.
Speaker 4: Go with a sure thing Denver's Best roofer Excel roofing
Speaker 4: dot com. You don't pay a cent until you're content.
Speaker 4: Time for an insurance check up free no obligation. In comparison,
Speaker 4: call Compass Insurance paying too much your coverage at dozens
Speaker 4: of insurance companies find out now three oh three seven
Speaker 4: to seven to one help. You'll think you're his only
Speaker 4: customer when you choose Frank durand the real estate man
Speaker 4: dot com to list your home with Remax Alliance three
Speaker 4: oh three nine two zero sixteen twenty two. Hi Tom
Speaker 4: Martino here three oh three seven one three talks seven
Speaker 4: one three A two five five. Let's continue and uh
Speaker 4: do what it takes to solve problems. I uh on
Speaker 4: Michelle here, we knew, I mean, this is this seems
Speaker 4: silly to me. That did what did they simply say, no,
Speaker 4: we're not going to fix it, or we fixed it
Speaker 4: well enough because if it's not.
Speaker 13: Go ahead.
Speaker 5: They said that they fixed it well enough that the
Speaker 5: board over the awning it's good enough.
Speaker 4: Well, if they put the board, you keep saying the
Speaker 4: board over the ironon. First of all, let's call it
Speaker 4: a roof. I don't care what they call it.
Speaker 1: That's a roof.
Speaker 4: So the decking was bad where there were holes, they
Speaker 4: put new decking. They put new decking there where they
Speaker 4: had holes, so now no more holes?
Speaker 5: Right, Well, the hole was still there. There's just a
Speaker 5: board on top of it.
Speaker 1: So they did not replace the board with a new board.
Speaker 1: They just covered the.
Speaker 5: Board with a new board.
Speaker 1: Okay. If they covered the board with the new board,
Speaker 1: they covered the holes.
Speaker 5: With decking from top, from the top, not the bottom,
Speaker 5: but not.
Speaker 1: On Okay, Now listen carefully. You have plywood on top,
Speaker 1: then you have shingles, right, correct. Did they put the
Speaker 1: patch on top of the shingles or underneath the shingles under? Okay?
Speaker 4: Now that's kind of shlock that they did not replace
Speaker 4: the plywood that had holes in it.
Speaker 1: And then put one on top of it instead of
Speaker 1: just replacing it.
Speaker 4: Because when you look at your roof then over the patio,
Speaker 4: can you see the little bulge where they put a
Speaker 4: board under it?
Speaker 5: Yes, the wood is completely sticking down. The original board
Speaker 5: that they put the hole in is sticking down, right,
Speaker 5: you can see the hole.
Speaker 8: And then the wood is hanging down.
Speaker 1: Okay, slock, it's a slock. I can't make an excuse
Speaker 1: for that. They should have just when they were Did
Speaker 1: they charge your insurance for replacing the whole deck up there?
Speaker 1: Or just that piece or they never mentioned it.
Speaker 5: They never mentioned it, Okay, So right.
Speaker 1: Now it all boils down to this. They need to
Speaker 1: replace the broken board with a new board, not just
Speaker 1: put one over it. But I have a question. I'm
Speaker 1: very puzzled. How can walking on that roof poke holes
Speaker 1: through the plywood?
Speaker 5: They stated it was because it's rotten.
Speaker 1: Okay, how much of the plywood on your roof over
Speaker 1: the patio is rotten? Do you know?
Speaker 5: Not a whole lot of it, just maybe.
Speaker 16: An eight if less?
Speaker 3: Uh huh?
Speaker 1: And why didn't they just replace the bad parts?
Speaker 11: I do not know.
Speaker 1: They would have gotten.
Speaker 5: Paid by insurance, right, they just didn't want to do it.
Speaker 5: And with my with the main roof over the house,
Speaker 5: they actually put holes in my roof and you can
Speaker 5: actually see some light coming in.
Speaker 1: Okay.
Speaker 8: Who is it replaced by pro Roofing Incorporated?
Speaker 1: And how did you find them?
Speaker 5: I personally knew them. Oh so you still they be Yeah,
Speaker 5: they used to be my parents' neighbors.
Speaker 1: And they will not buy. They will not come out
Speaker 1: and fix it.
Speaker 5: They said no, that's what they kept telling me. So
Speaker 5: I actually had to hire a lawyer to help me
Speaker 5: address it.
Speaker 4: And that's pretty weird to hire an attorney because it'll
Speaker 4: never pay to I'm not saying you shouldn't have an attorney,
Speaker 4: but you understand it will never.
Speaker 1: You'll never get that back. So how much have you
Speaker 1: spent with attorneys fees?
Speaker 5: About a thousand?
Speaker 1: Okay, that's about what it's not. How big is the patio?
Speaker 5: It's not very big at all.
Speaker 1: How big? Give me an idea? Is it bigger than
Speaker 1: a go ahead?
Speaker 5: It's probably big as an apartment living room?
Speaker 1: Okay, got it? Well that's pretty big. That's pretty big.
Speaker 1: So maybe nine by nine by twelve at least, right,
Speaker 1: or bigger right.
Speaker 5: At least at least?
Speaker 1: Yeah, that's pretty big. So here's what you need to do.
Speaker 4: That asphalt has to be taken off the area where
Speaker 4: there's a hole, and you need to replace it and
Speaker 4: then put it back down. So you need to get
Speaker 4: an estimate on what the I mean it's it probably
Speaker 4: won't cost much more than a thousand bucks.
Speaker 1: I mean, what did your attorneys say you could do
Speaker 1: for you?
Speaker 5: He wanted them to come back and address it, and
Speaker 5: what did they say? They wanted to make an appointment
Speaker 5: and come and address it. But the thing is, before
Speaker 5: I hired him. I had been asking them a numerous
Speaker 5: amount of times to come and do it, and they
Speaker 5: just reduced.
Speaker 4: So what's your point, though? You hired an attorney, So
Speaker 4: what are you calling us about? You already hired an attorney.
Speaker 5: Yeah, and he didn't really want to help.
Speaker 4: So after paying one thousand dollars, did he give your
Speaker 4: thousand dollars back?
Speaker 5: No?
Speaker 1: How'd you find this attorneys.
Speaker 5: Through Legal Shield?
Speaker 1: Yeah?
Speaker 3: There you go.
Speaker 1: God, you just keep making every mistake in the book.
Speaker 1: How long you had Legal shield M? Ten years? Complete
Speaker 1: wasted time? Do you know how much money wasted on them?
Speaker 16: Waste?
Speaker 5: I don't recommend them.
Speaker 1: How much? How much have you spent over ten years
Speaker 1: with Legal Shields?
Speaker 4: What?
Speaker 5: Twenty dollars a month?
Speaker 1: So yeah for ten years?
Speaker 4: Yeah, one hundred and twenty times how much a month
Speaker 4: twenty twenty, one hundred and twenty times twenty isn't that wonderful?
Speaker 4: And so you spent all of that plus he wanted
Speaker 4: another thousand, So you spent thirty four hundred dollars.
Speaker 1: So far and you could have had it done. Has
Speaker 1: Legal Shield ever done anything for you?
Speaker 5: Disadvice?
Speaker 1: What did this guy do for you for one thousand dollars. Nothing, Well,
Speaker 1: then ask for your money. Backer. You're going to the
Speaker 1: Bar Association, the Fee Dispute Committee. Tell him that right now,
Speaker 1: you tell that guy you got more than one problem
Speaker 1: that thousand dollars would have gone to fix it.
Speaker 4: I mean so, really and truly, this is a bunch
Speaker 4: of crap. I mean, I mean really and truly what
Speaker 4: you need to do. I'm going to tell you what
Speaker 4: to do.
Speaker 1: Get an estimate for what it will take to pull
Speaker 1: up the asphalt in that area, replace that bad part
Speaker 1: of the decking where they put holes in it. Although,
Speaker 1: really and truly what's crazy.
Speaker 5: Is, well, the whole thing leaks. When we ended up
Speaker 5: having that tail storm over.
Speaker 1: The whole thing, not just where the hole.
Speaker 5: No, not just where the hole is, the whole entire
Speaker 5: where it wasn't even leaking before. Now is leaking.
Speaker 4: You need to call an expert out there to analyze it.
Speaker 4: Call Excel Roofing. We need to find out what's wrong
Speaker 4: with it. Okay, we need to have it inspected, and
Speaker 4: then you need to sue them for it in small
Speaker 4: claims court if.
Speaker 1: It's under set.
Speaker 5: I hired the lawyer.
Speaker 1: Well, guess what small claims court won't cost you one
Speaker 1: thousand dollars. It will cost you fifty If you hired
Speaker 1: this attorney to take this to court, would have cost
Speaker 1: you fifteen grand minimum fifteen grand. Now think about that.
Speaker 1: What if it only costs you six or seven thousand
Speaker 1: to replace the roof there exactly?
Speaker 4: Then do what I say, Please, at least get started
Speaker 4: with a professional roofing, get a price.
Speaker 1: If it's under seventy five hundred bucks, you have.
Speaker 4: Them document what's wrong with it, and you ask them
Speaker 4: one last time to fix it, or you take in
Speaker 4: the small claims court for the seventy five hundred bucks
Speaker 4: or whatever to fix it, and you're done with it.
Speaker 4: But if you don't get started like that, there's nothing
Speaker 4: I can do for you. That's what I would do.
Speaker 4: First call Excel Roofing to get a price, okay, and
Speaker 4: just say, look, I need to know what's wrong with it,
Speaker 4: and I need to know how much it's going to
Speaker 4: cost to fix.
Speaker 1: All right, okay, And then when you find that out,
Speaker 1: I want to know, and then you take the next step.
Speaker 4: And that's the only way it's going to work, is
Speaker 4: you if you have a professional on your side that
Speaker 4: will help you at least discern what you do. Not
Speaker 4: talk to that attorney again. That was a waste of money.
Speaker 4: But I would ask for my money back, and you
Speaker 4: tell them. If you don't get your money back, you
Speaker 4: want to complete in full accounting of how he spent
Speaker 4: that one thousand dollars from your trust account.
Speaker 1: Use those words.
Speaker 4: I want a complete accounting of how that one thousand
Speaker 4: dollars was used from my trust account.
Speaker 1: Okay, all right? And if you don't refund it, I
Speaker 1: am because you have, in essence done nothing. How much
Speaker 1: time do you think he spent on it?
Speaker 5: Not much time?
Speaker 4: Then you tell him you want a refund or you're
Speaker 4: going to the feet dispute Committee with our association. Okay,
Speaker 4: all right, please do that because I am telling you
Speaker 4: I am so sick and tired. I'm just I'm just
Speaker 4: so sick and tired of people being ripped off like this.
Speaker 4: So call us back and let us know what happens.
Speaker 4: I'm Tom Martinez. We have more coming right up on
Speaker 4: the Troubleshooter Show. Go with a sure Thing Denver's Best
Speaker 4: Roofer Excel roofing dot com.
Speaker 1: You don't pay a cent until your.
Speaker 4: Time for an insurance checkup free no obligation comparison call
Speaker 4: Compass Insurance paying too much your coverage at dozens of
Speaker 4: insurance companies find out now three oh three seven to
Speaker 4: seven to one.
Speaker 13: Help.
Speaker 4: You'll think you're his only customer when you choose Frank
Speaker 4: durand the real estate Man dot com to list your
Speaker 4: home with Remax Alliance three oh three nine two zero
Speaker 4: sixteen twenty two. Hi Tom Martino, your troubleshooter three O
Speaker 4: three seven one three talk seven one three eight two
Speaker 4: five five another excellent solar company.
Speaker 1: Pro bid Energy dot com. Pro bid Energy dot Com. Okay,
Speaker 1: so let's recap. Shall we off? First? I have this
Speaker 1: text for John Fuller.
Speaker 4: Then we'll recap John Fuller, who covers what if I'm
Speaker 4: injured in a demo ride at a dealer ship? I? Uh,
Speaker 4: I took the car for a test drive, got into
Speaker 4: a wreck.
Speaker 1: What happens?
Speaker 3: Uh?
Speaker 1: Not my fault, by the way, direct.
Speaker 13: Oh, well, whose fault was it? If it was an
Speaker 13: at fault driver, just another vehicle, it's there. It's their responsibility.
Speaker 13: As always, the at fault driver is responsible for all
Speaker 13: the damages.
Speaker 3: That they do.
Speaker 13: Interestingly enough, I've had cases where I represented the employee
Speaker 13: of the auto dealership, and so we had a work
Speaker 13: comp case for his injuries. But then we also had
Speaker 13: a third party case against the at fault driver. So
Speaker 13: just the same as any other accident.
Speaker 1: If you were on a test drive in a dealer
Speaker 1: car and someone else hit you, would your you, I
Speaker 1: am yep, it would follow you over you bet Wow? Yep,
Speaker 1: I didn't know that part. How about in an uber yep?
Speaker 1: So that you own that under insured no insured policy,
Speaker 1: won't it no matter what happens to you. How about
Speaker 1: if you were on a bus, yeah, anywhere? Yeah, vehicle wise,
Speaker 1: that's incredible.
Speaker 13: Yep.
Speaker 1: All right.
Speaker 4: So people are telling me I don't have YouTube. Sound
Speaker 4: shut up, Mark, I'm just figuring it out.
Speaker 1: And I bet you anything dragging. I doubt he touched
Speaker 1: a damn thing.
Speaker 13: Right now, I have touch a thing.
Speaker 3: Now I have it.
Speaker 1: Now I have it, I fixed it. So shut up.
Speaker 1: I'm telling you I put up with this abuse.
Speaker 4: And I heard for the first time John used this
Speaker 4: for an older guy, a person at risk?
Speaker 1: So what time? How what age does a person become
Speaker 1: a person at risk? Seventy one? The age? What is
Speaker 1: the age?
Speaker 13: I think it's sixty five, Tom. If I'm not mistaken.
Speaker 4: Okay, I'm seventy one, so I'm a person at risk
Speaker 4: and at risk at kicking people's ass too, I'm at
Speaker 4: risk of coming unglued, that it would be.
Speaker 13: That's that's taking the at risk thing to a whole
Speaker 13: different level.
Speaker 10: I don't think they in all seriousness. It doesn't have
Speaker 10: to be just age, right, if someone was mentally challenged,
Speaker 10: could they be.
Speaker 13: At risk as well?
Speaker 1: They can?
Speaker 13: Yeah, let me let's talk about that that issue. So no, really,
Speaker 13: I was trying to say earlier about that that gentleman
Speaker 13: and poor guy is you know, if we have a
Speaker 13: client that's over the thresholder and I think it's sixty five,
Speaker 13: but I'd have to look at it just to make sure.
Speaker 13: But what that entitles you to is like you have
Speaker 13: the right to file a document with the court and
Speaker 13: get an expedited trial date before everybody else. You can say,
Speaker 13: look seventy years old, though, is it seventy? Okay? So
Speaker 13: you look, your honor, my client is over the age,
Speaker 13: he's ill, he's subject to some disability, disability, and we
Speaker 13: need an expedited trial date. And they will accommodate you.
Speaker 13: I mean, they will give you a spooky fast trial
Speaker 13: date if you want one, and the other side doesn't
Speaker 13: have a lot that they can do about it, and
Speaker 13: you have to somehow get all the discovery done and
Speaker 13: go to trial on that case right away. For that
Speaker 13: particular guy, the biggest travesty of it is if he
Speaker 13: dies next week, all of the really good non economic
Speaker 13: damages that go along with just the punishment of the
Speaker 13: audacity of the act that they did in treating this
Speaker 13: guy and taking advantage of him, all those go out
Speaker 13: the window. So maybe his estate can still recover for
Speaker 13: the actual dollar amounts, But to me, the value of
Speaker 13: that case is in the in in what that dealership
Speaker 13: did to him. And I would love to go in
Speaker 13: front of a jury and describe how they how much
Speaker 13: money they took advantage of, and they you know they,
Speaker 13: I mean.
Speaker 1: Just service contracts.
Speaker 13: Unbelievable, Yeah, service contracts for guy that ain't going to
Speaker 13: be from right, What in the world would make you
Speaker 13: think that's And then to sell him his own car
Speaker 13: back and sell him a service contract on that is
Speaker 13: utterly unbelievable. And I think a jury would absolutely go
Speaker 13: proctological on that dealership, But it would be for the
Speaker 13: non economic. It would be for the non economic damages,
Speaker 13: not the economics.
Speaker 1: I'm going to All.
Speaker 13: Those go out the window. All those go out the
Speaker 13: window if he passes away and it's just his family
Speaker 13: or his estate that's pursuing it. So that's the biggest.
Speaker 1: Problem taking him out of it. If there's an accident,
Speaker 1: Let's say there's all the insurance in the world, which
Speaker 1: there never is, but there is, and someone hits me
Speaker 1: it's their fault and I could never work again and
Speaker 1: I was making X amount.
Speaker 4: All right, let's let's do that right after this mark.
Speaker 4: That's a great question, actually, so please hang on to that.
Speaker 4: I'm Tom Martine. We have more coming right up. Go
Speaker 4: with a sure thing Denver's Best roofer Excel Roofing dot com.
Speaker 1: You don't pay a cent until you're content.
Speaker 4: Time for an insurance checkup, free no obligation comparison call
Speaker 4: Compass Insurance paying too much your coverage at dozens of
Speaker 4: insurance companies find out now three all three, seven, seven
Speaker 4: to one help. You'll think you're his only customer when
Speaker 4: you choose Frank durand the real estate Man dot com
Speaker 4: to list your home with Remax Alliance three oh three
Speaker 4: nine two zero sixteen twenty two. Hi Tom Martino your
Speaker 4: trouble shooter three O three seven to one three Talk Jeff.
Speaker 1: What's happening Jeff? How can we help you? What's going on? Jeff? Hi?
Speaker 21: Tom, Thank you very much. I'm gonna try to sell
Speaker 21: a card that I own privately and I've sold cars.
Speaker 1: Is it Is it paid off? Jeff? Is it paid
Speaker 1: off completely? Yeah? That makes it way easier?
Speaker 21: Go ahead, Yeah, yeah, just sitting anyways. Yeah, titles clean,
Speaker 21: but I'm gonna sell it in I want to protect myself.
Speaker 15: Because somebody had mentioned before and it's kind of a
Speaker 15: concern that, you know, once the.
Speaker 21: Once the car leaves my driveway, you know, I'm obviously.
Speaker 15: I'm gonna collect the license plates.
Speaker 21: But there's no guarantee that the buyer of the new
Speaker 21: buyer is going to go register this thing.
Speaker 10: And that's why you have him signed the bill of sale.
Speaker 10: That's all you need, man, That's a very simple enough though.
Speaker 1: Well let's ask John Fuller.
Speaker 4: You both you both get a copy of that bill
Speaker 4: and a bill of sale, and also you retain a
Speaker 4: copy of the transfer of the title. Uh, John, would
Speaker 4: that set a date that would keep him from being
Speaker 4: liable for.
Speaker 13: That yeah, I think so. There's you know, the bill
Speaker 13: of sale and your sign title. Whether the guy ever
Speaker 13: registers it or negotiates it would be effectively, in my mind,
Speaker 13: you get out of jail free card. You no longer
Speaker 13: have an ownership interest in that vehicle. You no longer
Speaker 13: have an ensurable interest in the vehicle. Remember the case
Speaker 13: we had Mark with the brother that that and his
Speaker 13: older deceased brother had signed over a car but never
Speaker 13: registered or something.
Speaker 1: Yes, same thing, Yes, come after him, right and there was.
Speaker 4: John, John, let me ask, Let me ask a far
Speaker 4: fetched question, John Fuller, Attorney at law, personal injury expert,
Speaker 4: what about this negligent entrustment thing we hear about? You
Speaker 4: should have known not to sell it to this person
Speaker 4: because of this something like that known.
Speaker 13: Yes, maybe it's not going to fly on selling a
Speaker 13: car to somebody, But but maybe loaning a car to
Speaker 13: your neighbor comes over and he's, you know, six sheets
Speaker 13: in the wind and wants to borrow your truck to
Speaker 13: go to the liquor store, and you say, sure, here's
Speaker 13: the keys, grab me one while you're there. You know,
Speaker 13: that's that's probably a circumstance that if the neighbor got
Speaker 13: into a wreck. You could be held liable for letting
Speaker 13: them borrow the truck just as much as they would
Speaker 13: be liable for causing the actions.
Speaker 1: Okay, okay, So in this case, sir, document everything and
Speaker 1: have copies of it. In fact, I would have a
Speaker 1: bill of sale date signed by both, usually a bill
Speaker 1: of sale.
Speaker 21: Go ahead, here's my plan of action.
Speaker 15: And I think this should pretty much cover all the bases.
Speaker 21: But when I do sell the car, I'm gonna put
Speaker 21: it like on the bill of sale, owner agrees to
Speaker 21: register car.
Speaker 1: No, no, no, No, you're you're overthinking it.
Speaker 4: First of all, you're putting yourself in a position where
Speaker 4: you're trying to take control of the process. You're simply
Speaker 4: going to say, on this date, you sell it for
Speaker 4: this much as identify the car by bill.
Speaker 3: Yeah.
Speaker 1: Not only that, think of what you're saying. Every dealership
Speaker 1: out there, brand new, used car, new car, they sell it.
Speaker 1: They can't put a gun to your head to go
Speaker 1: register it. I mean, they would be liable for every
Speaker 1: car they ever sold anybody.
Speaker 3: Then.
Speaker 4: Yeah, but John, and shouldn't both signatures be on that
Speaker 4: bill of sale or not?
Speaker 13: I think I don't think it's required. No, But I'm saying,
Speaker 13: just for me, the best practices. Yeah, both of you
Speaker 13: guys sign it. Get a copy from you know you
Speaker 13: keep a copy. Give a copy to the to the
Speaker 13: guy that's buying your car, and the transition title. Get
Speaker 13: a copy of everything in the.
Speaker 1: Car, every car I have, every car I have sold
Speaker 1: in the past five years. I get a picture of
Speaker 1: myself handing them the title, and I have them on
Speaker 1: my phone, no kidding. Plus you have a transfer mark,
Speaker 1: and you have the bill of sale, of course, but
Speaker 1: I always get a picture of myself handing them the title.
Speaker 13: All right, So I got a little album pictures.
Speaker 1: Is this music coming early? Or is my clock off?
Speaker 1: I didn't touch anything, You didn't touch anything.
Speaker 4: What's our out time? Just get tell me anyway. So
Speaker 4: I'm Tom Martinez. Stay tuned for a special video I
Speaker 4: put together of it fires on a bye bye video.
Speaker 1: It's just stupid fun. By the way, we have a
Speaker 1: lot more happening.