The Troubleshooter 7-18-24

Episode Transcript

(00:00):
And y'all ripped up. You needadvice so you don't have come running.
Just as fas as we can,Shooter's gonna help come Man Dix is the

(00:21):
Troubleshooter Show. No Tom Martino,Hey Tom Martino here, Welcome to the
show. Three oh three seven onethree talk seven one three eight two five
five. Solveum problems, answering questions, taking complaints. We're gonna go right
to the phones. I do havea guest today from fix At twenty four
to seven Fixmi home dot com.Uh. This hour brought to you by

(00:42):
the people who are the best atyour uh at your stem cell therapy that
I found Denver Regen dot com.Yes, still doing stem cell therapy,
Denver Regen dot com. Let's goto the phones and find out what's on
your mind today. John says,I have any with a bad contractor?
Now, By the way, inaddition to being with fix At twenty four

(01:06):
to seven, my guest has alsobeen She's been pretty cool. As far
as in journalism, She's covered alot of stuff. So you've had a
as far as a bad contractors,I know you've covered these stories. It's
all over the You mainly worked inDallas area, right or okay? As

(01:29):
a journalist, yes, okay,so bad contractors are all over yes,
I mean obviously they actually travel.Yeah. Now, do you have strong
laws in Texas? We don't havestrong laws here, you know, I
don't know the exact laws in Texasevery time we see a storm come through.
But I mean I'm all over thecountry. It really differs right now,

(01:52):
you need to look them up.John. By the way, we
have, what's the only thing wehave here is the Contractors Trust Act,
which basically says, but no oneenforces it. You have to go to
court to enforce it, or youhave to really get a lot of victims
for the Attorney General or a districtattorney to take a look. It can
be criminal. But what it saysis if you take money for a certain

(02:12):
job, it must be held intrust for that job. In fact,
it goes on to say you can'teven use it for another job, and
you can't put it into general cashflow. And there's a lot of strict,
strict regulations on it, but peoplenever ever ever enforce it. Now,
I don't know what John's calling about, but I just wanted to mention

(02:34):
that the strongest laws for contractors inthe entire country Florida. Really, in
Florida, there are actually contractors orthere were last time I looked, that
actually faced a life sentence. Andnow how can that happen? Well,
have you ever heard of three strikelaw? Three felonies you get life.

(02:58):
Those felonies could be with a homecontractor. I knew a contractor I never
followed up after this that was facinghis third felony for taking money, doing
something, doing it bad and cheatingsomeone. And he literally thought I could
be facing a life sentence for acon Can you imagine that you're in prison
and somebody says, why are youhere? And he says, uh,

(03:19):
plumbing. I mean, I don'tknow, basement model. It's a bit
extreme, you know what, itmakes sense for Florida, just with the
weather that they happen around the oldpeople, both of those, I guess
I'm one of them. So herehere's the deal. Seriously, John,
what's going on with your con There'snothing worse. Let me just say this,
and John, you just hit anerve with me, because there's nothing
worse than a bad contractor. AndI'm going to tell you why. And

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I don't even know what your problemis. But like we talk to consumers
every single day that spend you know, ten grand, they lose it,
or twenty grand or twenty five grandor thirty grand, pick a number,
and they're never going to get itback. These contractors simply go out of
business, stay filed bankruptcy. Evenif you get a fraud judgment in court,

(04:06):
that what they have to do topay you back. The restitution laws
are so lenient that you really cankiss the money goodbye again. I don't
even know what John's calling forst off, shut up, go ahead, John,
Hey, good morning. Can youhear me? Hey, man,
I can hear you. What's happening? No, I'm calling because I've got
a bad contractor here in Colorado Springs. That. Uh, First of all,

(04:30):
I'm a disabled veteran, so buyinga home, you know, most
veterans use their their VA benefits todo a VA homelong And in the VA
home long process, the home hasto praise for the cost or the value
of what you're purchasing. So Ihad a home build here where the where

(04:51):
the contractor? Well, John,John, you left a few blanks.
So did you get a VA loanto do that? I had applied for
a VIA loan, but I didnot purchase the home. I used the
VIA escape clause to cancel the contract. Okay, but at first you had
a VA home loan. I hadan approval for a VIA home loan took

(05:15):
okay? Correct? Okay, sowith that, because I've never heard of
that before. So you get preapproved and then when you go to build
that house. Are you saying youget pre approved and then the contractor builds
the house and then you close onit. Is that what you're talking?
It's not like it's not like youtook out a construction loan. You went

(05:35):
to a contractor and said, I'mpre approved, build me a house.
Correct? And when when you saidbuild me a house and I'm sorry,
but I need these details. Isit like in a subdivision where you picked
a model and they were going tobuild that house. This was just east
of Colorado Screens on thirty five acres. But okay, so it was totally

(05:56):
custom In other words, it wasn'tlike you went to a home subdivision and
you picked from a model. No. Correct, This was supposed to be
an award winning builder here and talks. Okay, gotcha? So keep going.
What's happened. And by the way, who is the builder, high
Point Homebuilders? Okay, so gowith your story. Okay. So originally,
you know, when you do thatexactly like you described, you pick

(06:19):
everything out and yeah, you havea base price and everything is included in
that base price. In this contract, there was a sceptic allowance of eighteen
thousand dollars. What kind of anallowance? A sceptic allowance for the cottage?
Okay, would be put in?Yeah, and it was. You

(06:41):
know, I have a whole differentyou keep going, but I do want
to I'm putting a note here.I need to talk about this, the
allowance thing. Keep going. Whathappened? Then? Well, he turned
the permit into I want to sayhe I'm referring to the owner of High
Point Homebuilders. He turned the septicterm it into El Paso County with the

(07:01):
septic design in August of twenty twentyone, and approximately May the end of
May of twenty twenty two, hecalls me and says, the septic is
going to be sixty six thousand dollars. Well, and the and the the
allowance was seventeen eighteen eighteen okay,almost four times the amount in the contract.

(07:28):
Yeah, and and let me letme just say this now, since
I use these calls not only tohelp the caller but to educate our people
that so they don't fall into trapswhen it comes to home. This is
really important John, And I'm sorryI'm taking your time, but I'm going
to let you finish. But here'swhat happens when you contract for a home

(07:49):
and you have allowance items. Iwant to explain this to everyone. The
bid or the estimate or the contractedprice is a fantasy. Okay, in
all cases, it's a fantasy,and builders use this to lure people into

(08:11):
a contract, so they commit toit and in hopes that they won't back
away. But even if they backaway, let me explain something. The
builder uses the perspective buyer in orderto get a construction loan, so that
builder benefited from you even if youdon't buy the house. So if you

(08:33):
go and they they do, theyliterally do a bank loan based on your
qualification, and then in the middleof it, if you walk away,
they can still finish the house andsell it and sometimes even for more money.
So what is an allowance? Whatthey say is, oh, you're
going to have an allowance for hardwarelike hardware and bath hardware, or door

(08:58):
hardware or windows. Sometimes they doallowance for painting. Sometimes they do allowance
for carpeting. Not all the time. Sometimes they're fixed prices, but many
times there are allowances, and whatthe contractor is supposed to do is give
a good faith estimate of what thatallowance would cost. Now in the contract

(09:18):
you signed, no matter what.If this unless the builder's a complete moron,
sorry to my YouTube morons, butunless he's a complete moron, this
builder built into that contract wording thatsaid these allowance items are simply allowance items,
and if they go up beyond hiscontrol, you either have to pay

(09:39):
it or you walk. So Iwant people to know when they see an
allowance for a septic system at eighteengrand and it turns out to be one
hundred and eighteen grand, if it'snot the builder's fault, it's not the
builder's fault. Now, if thebuilder saw you were over solid rock and
this septic system and was going tocost oodles of money, and they were

(10:01):
disingenuous in their estimates, you coulddo something about it. But most of
the time, when you're building ahouse, you don't exactly have excess money
to go after a builder, Sokeep going. Now, what happened,
Well, what happened is, youknow, we we couldn't come to terms,
and I canceled the contract. Yeah, I did not ask for any

(10:22):
of my money back because I knewhe was Wait a minute, how much
money had you paid thus far?That far? I was about twenty thousand
dollars. Well, you should getyour money back. You'd be canceled because
he's going to sell the house.But I mean, did you cancel according
to the contract? I did?I canceled in what I thought was according
to the contract. And what wasthe What was the clause you used to
cancel? I used the Uh,the builder had not performed, so I

(10:50):
used the performance clause. And howdid he not perform? Well, my
thought was he had the septic designnine months earlier, and you know past
some homebuilder has been doing this thirtyyears. He should have known him his
alignance. Okay, that's that's nota bad that's not a bad tactic.
But if he had this septic systemdesigned that much earlier, my quick question

(11:15):
to you is, why did itturn out to be five times the cost
or whatever? Why he tried touse the excuse at one point that he
didn't look at it. He hadhis office personnel just send it to the
county. So when he estimated whatdid he best, what did he base

(11:39):
the allowance on? He said hehad built, you know, probably ten
homes in this community because it wasa community of homes on on large acreage.
And okay, so the average ofthe septics, why was yours so
much? Why? He said itwas because of the enormous leachfield. But

(12:00):
I went and found a home thathe put in two months before he got
this design. So he put ahome in I'm down the road in twenty
twenty one with the exact same sizeLeachfield, and he actually, it's a
funny story. I ended up hiringthat person with my current company, and
I don't want to mention them byname on this call, but I ended

(12:20):
up hiring an individual that canceled thatcontract on that same house with him because
he charged him. He put inhis contract a fourteen thousand dollars allowance and
then he issued him a change orderfor twelve thousand dollars. Sob okay,
I get it now, this couldbe a fraud in the inducement. It
could be I don't see why youleft twenty grand on the table. Hold

(12:45):
on and I'll come back to you. I don't know where we're going with
this and what I can do tohelp you. If you're calling about your
twenty grand, I think that's agood call to make. But we'll listen.
We got a full lines. Letme, let me take this break,
and we'll come back to you,because I do believe you got screwed
here. But you got to showa pattern of deceit. Okay, that's
what you're gonna have to show.By the way, waterpros dot net the
best water systems, the lowest prices. You know how I feel about this

(13:09):
guy, Paul the Waterman. I'vebeen dealing with him for years and years.
I have two of his systems.I urge you to get a system
hull House thirty four hundred bucks.You will preserve your plumbing. You will
do laundry with less detergent, sometimesno detergent. I swear to you you
will love the water, you willlove the health, You will love everything
it brings to you. Waterpros dotnet three oh three eight six two five

(13:31):
five five four Go with a surething Denver's best roofer Excel Roofing dot com.
You don't pay a cent until you'recontent. Time for an insurance check
up free, no obligation. Incomparison, call Compass Insurance paying too much

(13:52):
your coverage at dozens of insurance companiesfind out now three oh three, seven
to seven to one. Help.You'll think you're his only customer when you
choose Frank durand the real estate Mandot com to list your home with Remax
Alliance three all three nine two zerosixteen twenty two. Hi Tom Martino here

(14:13):
three three seven to one three talksseven one three eight two five five John,
what can we do for you?You had a contractor you got out
of the contract. You left twentygrand on the table. You were upset
with his allowance. Again, mostof the time builders when they do allowances,
have escape clauses so they're not heldresponsible. And it would be I

(14:35):
think more money than it's worth totry to prove that he purposely low balls
allowances. But it could happen.So where do we stand right now?
So where we stand right now?As after I canceled, I received a
demand letter from his attorney and whatwas the demand for demanding that I return

(14:56):
and purchased the home. Oh now, so that's called they're they're demanding specific
performance. Correct. Correct, Sothere was nothing else for me to do
but return and have the home appraised. Wait a minute, so you wait,
wait, wait, so you yougot frightened with this letter and you

(15:18):
went back and decided you were goingto go through with it. I went
back and said I would go throughwith the appraisal to see if the home
appraised. If the home had apraised, me and my wife were going
to purchase the home. What didit? A praise for it? A
praise? It A praised less thanthe cost? Really? So it really
really? I mean okay hmm,less less than the cost other than the

(15:45):
other than the sewer or the youknow, the septic what went over They
didn't. The praiser just gives youan overall value for the home, and
the sales price he was selling itto me was over that value by about
ten thousand dollars. Yeah. Butbut all of this was known to you

(16:06):
before you did it. No,what do you mean? No praise at
home? What's that? I didnot know the appraised value of the home,
but it was What I meant wasit was open for you to know.
There was nothing hidden. I mean, how did your how did your
lender approve you for that home withoutan appraisal? They approved me for an

(16:29):
amount? Okay, so it wasn'tapproved for that home. I get it,
I get it, you get young. I understand you were pre qualified.
You were not approved, Okay,pre approved or prequalified if you pre
qualified? Okay, So now whatbut what do you want? Now?
Hey, it has when BA,it has to appraise. If it doesn't

(16:51):
appraise, then as a veteran,you can walk away from the home.
Well, hold on, hold on, hold bro hold on. The VA
can't tell that builder how to dobusiness. When the VA says you can
walk away from the home, theyhave no They have no jurisdiction to tell
you that. All the VA cansay is you can walk away from us.

(17:12):
You don't have to go through withthe loan. But they can't tell
that builder that they have to letyou out. There's I don't know of
any law that says that. Now, I'm not Maybe there is one,
but I don't know of any.Did your attorney say there was a law
of such a law. Yeah,it's in the Code of Federal Regulations,
Chapter thirty eight. But hold onnow, wait a minute, does it

(17:36):
actually obligate the builder to release youfrom the contract. I don't know how
the federal government could do that.I mean I your attorney told you that
under the law that this builder mustrelease you from the contract. That's wonderful.
Then then why are we having theconversation. You already won? I

(17:57):
did, but the builders and uhI spent over two hundred dollars two hundred
thousand dollars in legal fees against thisbuilding. No, no, wait a
minute, John, did you win? I want? Yes, in court?
I did win. Okay, whatdid you win in court? The
right to walk away? The rightto walk away and my twenty thousand dollars

(18:21):
back. But wait a minute,what attorney would have you spend two hundred
thousand dollars to get twenty thousand back? Robinson and Henry, why did you
hire them to do? What didthey advise you? This was going to
cost a lot of money, theyadvised me. Then I would get all

(18:41):
of my legal fees back. Ohwait they wait, wait, they actually
told you that? Yes, theytold me that all the way up until
three weeks before trial. After Ihad spent one hundred and fifty thousand in
legal pieces, and what did theysay? You wouldn't get your money back?
The partner I was dealing with,I don't know why he left the

(19:02):
firm, but he immediately left thefirm and I was assigned to a different
partner three weeks before trial. Okay, here's what I want to know.
You you won, you actually wonthe case, but spent two hundred thousand.
So right now, you didn't haveto pay the builder, You got
your twenty grand back, and yougot to walk from the contract. Is

(19:22):
that right? Correct? What areyou calling about now? Because the builders
out of it? What are youcalling about now? Well? I'm calling
for two reasons. One, Iwant I wanted everyone to know about the
vascape clause and in that, well, it didn't do you any good?

(19:44):
Oh the VA skate clubs. Didn'tyou do any good? Nothing? It
didn't do you any good. Itdidn't actually, yeah, it did not.
It didn't. You You could iftruly there was a law there.
I doubt there is, and Idoubt I think your attorney has interpreted it,
but I'll look at it. Ithink there would have been a summary
judgment you wouldn't have gone through.There is no fact finding when there's a

(20:07):
law on your side. There's nofact finding. The attorney the judge to
make a summary judgment. There wasno summary judgment. There was a there
was a finding a fact correct.The judge found the finding a fact that
the judge ruled that I think youwas that I use my via escape clause
appropriately. Then why didn't your attorneygo for a summary judgment before you even

(20:30):
bothered spending all that money? Wedid, but it was never focused on
that. I don't know, okay, and I can't go back anyway,
So listen man. By the way, I applaud you for your a disabled
veteran, I honor your commitment.I don't know what I can do to
help. What are you hoping toaccomplish? You want to let people know

(20:51):
about the escape clause, but theescape clause won't get them out of trouble.
As you just demonstrated, they canstill get in a lot of trouble.
What they have to do is firstget an appraisal of the project and
then have escape clauses in the contractthat says if you go over allowances or
in fact don't accept allowances, onlyaccept solid bids. That's one way to

(21:12):
protect yourself. But now that we'rehere, what do you want at this
point? Because you just blew twohundred grand over two d Yeah, oh
my god, where'd you get themoney? You know? I had you
know, about half of the moneyyou know, in cash and the other

(21:37):
half I I've had to take outlooms. You're not going to like my
next recommendation, bro, No,uh, you know what my next recommendation
is going to be. I imagine, But I don't go ahead bankruptcy,
you know, otherwise you're going tobe in debt the rest of your life

(21:57):
for this unless I sell my homewhich I'm gonna have to sell my home
in Downside. That's where I'm atbecause of this. But one thing I
do want to point out for listenerstom As this builder to be approved to
build and sell to veterans using VA, they have to apply for a builder

(22:18):
number saying they will follow all theVIA regulations. Yeah, but they could
easily show they could easily show thatit was beyond their control. Well,
part of the VIA regulation state thathe has to have that VA escape clause
in his contract, which was partiallythere but hidden, and my experts test.
Okay, that's good. But here'sthe point. Even with the escape

(22:42):
clause, you had to fight toget it enforced. I did, and
I did it for other veterans becauseI know of about thirty. But I
don't think it'll help other veterans.I am telling you that today another veteran
could do the same thing, andtomorrow another veteran could do the same thing.
The only thing that's going to helpa veteran is education. Because even

(23:03):
with that escape clause as you callit, it's not automatic. As we've
just found out, you had toYou had to spend two hundred grand to
get it enforced exactly. And that'sthat's the reason I'm calling Tom. I
don't know that you can't help me, but at least the word can get
out over you. Yeah it ken, Yeah it can. And I'm telling
you, man, oh my god, I mean, I feel I feel

(23:30):
terrible for you, but I dowant to get the word out. I'm
going to research this escape cloth.Could you do me a favor? Could
you give as much of the citationto Kachina off the air, because I
don't want to recite a lot ofthis is where I can look that up
and I agree with you, butI'll okay, good, good good if
you put it in your original emailshe has it hold on three oh three,

(23:52):
And I just want to do thatand then and then I'll get back
to you if if I have someideas. This is as I said,
this is terrible. Now. Karawants to talk about a family employment program.
George wants to talk about Jewel autobody. Stacy called three weeks ago about
a divorce. She wants to giveus a follow up and all of that

(24:14):
is coming up on The Troubleshooter Showthree O three seven to one, three
eight two five five. Go witha sure thing Denver's Best Roofer Excel Roofing
dot com. You don't pay acent until you're content. Time for an

(24:36):
insurance checkup free, no obligation.In comparison, call Compass Insurance paying too
much your coverage at dozens of insurancecompanies find out now three all three seven
to seven to one. Help.You'll think you're his only customer when you
choose Frank durand the real estate Mandot com to list your home with Remax
Alliance three oh three nine two zerosixteen twenty two. Hey Tom Martino here

(24:59):
three three seven one three talk sevenone three eight two five five George wants
to talk about an autobody shop.But by the way, during these hundred
degree days, if you had amembership. Now, I do not generally
believe in like warranties and services andthat kind of stuff. Memberships into a

(25:22):
company like fix It, where youpay a certain monthly fee and get services
for it. In other words,if you multiply the amount you pay in
a year and then talk and thendivide the services you get into it.
If the price you pay is equalor better than normal, then it's a

(25:45):
no brainer because you're paying for something, but in addition to it, you
get other benefits. So it fixIt. They have a very They have
a special right now on their memberships. First of all, we're gonna give
away some free ones right just listeners, right now? What do they they
have to call? I want togive how many are we giving away?
We're giving ten away just for Martinolisteners. Ten away? Okay, Yeah,

(26:08):
So that's a free membership for theyear. And then they get the
most important thing, I think theservices they get, the water heater service,
the electrical the electrical panel, thefurnace and air so so those those
are that Yeah, so that's worthwhat you're paying. But here's the deal.
Priority appointments, Tom, this isso huge, well yeah or whatever.

(26:30):
You can't get to everyone. Sodo they preserve the first few hundred
or so or I don't know howmany, but certain percentage of appointments for
the members? Right? The wayit works our office managers, what they
have is they see that we've gota member, and then you get priority
automatically. Most that's part of it, all right. Yeah, Well,
so, by the way, ifyou want to be part of that is

(26:52):
fix myhome dot com and we giveout the number two right seven two zero
five two six thirty nine thirty nine. If you're one of the first ten
callers right now, you'll get afree membership. There's absolutely no obligation.
Free membership seventy zero five two sixthirty nine thirty nine. We're going to
fill those up quick now. George, what's going on with Jewel autobody?
I don't know if I've ever heardof Jewel. What's happening? Man?

(27:15):
They've had my truck for a month, oh man, only a month?
Only a month? You know what, I am getting this complaint. Honest
to God, the complaints we're gettingabout body shops, and it's not the
quality of work. We're getting complaintsabout how long the damn stuff is taking.

(27:36):
Yeah, what's going on with you? Or I'm handicap? Every time
I call over, they say they'reworking on it, and then I go
by there on weekend and they're sittingin the back chocked up and they're not
working on it. They've write tome every time I call. Well,
when you say they're lying to you, Okay, let's talk about that.

(28:00):
Is it their fault it's taking thislong? Or is there truly a delay
on parts? What do you think? I don't know because I talked to
them they lie to me. Well, what do you mean they lie to
you? They say they're working onit, and then I go by there
on the weekends trucks sitting in backtarped up. Oh my gosh, Okay,

(28:25):
now what's wrong with your truck?The finance got here, the wheels
caved in and like I got likethe sidewipe. Now is your so is
your insurance paying or the other?No, my insurance is paying very the
I now they paid them twenty thousanddollars and insurance don't want nothing to do

(28:49):
with me no more because they can'tdo nothing, the more because I didn't
go with one of their recommended bass. Well, no, your insurance will
never help you. But what doesso but here, Well, they don't
help you really with with many peopleanyway. I mean, even if if
it's a preferred shop, they say, well, you contracted him, but

(29:14):
there's not George, I don't wantto give you a lot of false hope.
If they're truly waiting on parts,there's not much you can do about
it unless I mean, they haveno reason. They have no reason to
delay this unless they spent the moneyand they don't have the money to fix
it. Is that what you thinkhappened? I don't know. I don't
know. I called this one guy, Joe, don't he told me if

(29:41):
I kept calling him, assume aboutthe truck, he said he'd take his
turn. That's mean, come on, how did you find Jewel Autobody?
My wife, Petter car worked thereand they did a good job. A
couple of friends of mine their carstaken there and they did a good So
I don't know what the guy got. Wait, This guy actually got upset

(30:03):
with you calling and said, ifyou call more, he's going to take
his time. Yeah, his nameis Joe. Is he like just a
worker there or a manager or whysome kind of I think he's a manager.
I don't know what he is.Well, then do you want us
to call over there, because allwe can do is call and verify that
they're waiting on parts and try tofigure out if we can find the parts.

(30:26):
I mean, we've helped in thepast, but most of the time,
George, there's a legit weight onbody parts. What year is your
truck? Twenty two nineteen? Imean twenty twenty two? What kind is
it? Dodge big Cord? Whatis the last estimate you got? That's

(30:49):
the estim I got was nine thousand, now went up to twenty thousand.
They get hold on, Well,it might be real. I mean you
you're so distrustful. I mean,will they listen if they didn't start it?
Will they will they give you yourwell your deposit? Did you make
a deposit? Or your insurance?Did I insure pay them all the money?

(31:14):
I didn't? Why? Why?Why did your insurance pay before the
work was done? I don't know. You have to call state BOM.
I don't know why they paid thembecause you authorized them too. That's the
only way they'll pay. No,they know I didn't authimize nothing. That's
what they got when they said anadjuster there. Hey, Doc, I

(31:38):
know you're there, Doc, comehere, can wait? Listen. I
don't want to inflame the situation becauseapparently Jewel Autobody is pissed at them already.
But if we say to them,we're trying to help. We're trying
to help everyone out here because we'regetting this complaint a lot and we're just
trying to figure out what's going toYeah, the Jewel Autobodies about three blocks

(31:59):
away from where I live. I'llgo all there on my way home and
talk to them in person and findout what's going on. Yeah, I
pass it every single day, youknow. I mean, here's the deal
man. Just what what what I'msaying is we're gonna go in a friendly
way and say, look, youknow this Dodge truck. What what color
is your truck? Doc will lookfor it and see if they're working on

(32:21):
it. What color is the blackcopper on it? I'll talk to George.
Talk to George off the area,you know. Listen, man,
We'll do what we can to figureout what's going on. But I I
just want to warn you and everyoneif you have a car that can be
driven, what I recommend when itcomes to autobody is go and get your

(32:46):
estimate and then have people do theuh, have people order the parts and
then come back. Now, Nowdo I did I take this break or
not? Man? I am reallyhurt and hold on. Go with a

(33:07):
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(33:28):
only customer when you choose Frank durandthe real estate Man dot com to list
your home with Remax Alliance three ohthree nine two zero sixteen twenty two d
News. You need it so youdon't have run anxious stats. Can Shooter's

(33:52):
gonna help coming? Man, Thisis the Troubleshooter Show. Now Tom Martino,
Hi, Tom Martino here, Welcometo the show three oh three seven
one three Talk three oh three sevenone three A two five five. This
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Choice Doors dot Com now and bythe way, that's twenty four to seven
service for emergencies. So I wastalking to Deputy Doc off the air and
also my YouTube morons if they werelistening, and uh, you know,
it seems like one of our thebiggest problems in our country. Government spending
can be but it's the fraud.It's fraud, and everyone takes advantage of

(35:02):
the government. Do you know howmany billions went out with fake COVID care
and help, especially the rental programsand all that. God, the government
was so ripped off during COVID buthere's one going on now, these wellness
checks. So if you're on Medicareadvantage. By the way, anyone on

(35:25):
Medicare can get a yearly free wellnesscheck. Okay, those on advantage are
being called and this has started allover the country. But this is amazing
to me. What they did wasand this story I should give credit to

(35:47):
these people. I don't know whothey're with though it's on MSN dot com,
but the story people are Christopher Weaver, Tom McGuinty, Ana Wild Matthews.
I don't know if this matters toanyone, but I think they should
get credit. Andrew Malika and here'sthe point. And then there's a Mark

(36:07):
Mehrimont. They went out and didthis investigation. So okay, these Medicare
advantage people are going out and doingfree wellness checks in people's homes. They
are wellness checks are come along withMedicare, a yearly wellness check. Now,

(36:29):
because it's the advantage, they decidedwe're going to go one further.
We're going to go out to them. So a nurse practitioner or sometimes I
believe that even a nurse drops byand they do a wellness check. If
a diagnosis is made. And letme give you an example. For example,

(36:50):
this one case, the woman said, yeah, come on over to
my house. A nurse showed up, checked her over, asked her questions,
and then said, by the way, you have diabetic cataracts. The
woman says, yeah, I've hadthem for years. The finding got United

(37:14):
Healthcare Group, who insures this womanan extra twenty seven hundred dollars a year.
Now that because here, do youknow what capitation costs are? Right?
Doc? You know what that is? Right? Capitation costs What insurers
do? They say to doctors andhealthcare providers, if you have a thousand

(37:35):
I'm going to give very fake numbers. If you have a thousand patients,
we will give you a certain amountof money per each patient, and you
can spend it all on three patients, or you can spend it on everyone.
In other words, it's called capitation. It's up to the medical provider
to take these thousand patients, andlet's say it's one thousand dollars a year

(37:58):
they get They get this one milliondollars a year for all of their patients,
and if they keep them well,they get to keep a lot of
that million bucks. If they haveto spend in the eighties. Tom,
Yeah, it's still going on.But here's the problem with cap costs.
So now if that person is diagnosedwith something, you get more than a

(38:19):
thousand, You might get another thousandwhatever. So it behooves them to find
diagnoses on people. But when youfind a diagnosis on someone, you don't
necessarily even have to treat it,and you still get extra money for having
them in your corral. So they'regoing out now and they are finding people

(38:44):
as many as they can with problemsand then upping their capitation costs they get
every month or every year for thesepatients, even if they're not treating those
conditions, because some payas have hadthose conditions but they weren't diagnosed under this
plan, so they never had themtreated and they don't care to have them

(39:07):
treated, but still diagnosed and stillbeing paid. The insurers are still being
paid for the risk as a result. As a result, they have found
fifty billion dollars paid out last yearfor conditions diagnosed and not treated. Holy

(39:27):
crap. See, if we gotall the waste and the cheaters out of
our systems in government, we wouldn'thave such a terrible tax burden. I
want to go to Karen. Nowshe has a problem with an employment program.
I'm not sure what this is,Carol, what is it? Tell
us about it? Him hia Am l I. I believe started last

(39:51):
year. And obviously they it's inan acronym for family, right, I
mean f A MLI. Yes,I'm not sure that what it stands for.
But it is different than FMLA.And what does family provide? Will
they basically pay you seventy percent ofyour salary while you're on medical leave for

(40:12):
up to twelve weeks a year inColorado? Is it part of the government.
It is through the state of Colorado. It's called family Okay, And
so tell me about what's going onwith it. So I found out that
I had to have a pretty majorsurgery, and from my HR department found
out that I was not eligible forFMLA because we did not have more than

(40:37):
fifty employees. Right, that's right, you have to It's only for large
employers that you get family leave,yes, and so, but I do
She did let me know I qualifiedfor family So I applied and was approved,
went ahead and had my surgery Juneseventeenth, and then June twenty eighth,
I got a text message from humanresources that my position had been eliminated,

(41:02):
which was a shock. It's twoweeks out from the surgery. Wait
a minute, so this is notthis has nothing to do with family.
It's just that your job was eliminated. Well, I did call family and
they said that it is viewed asa form of retaliation, so I would
have to just you know, doa major Sara. So what was your

(41:23):
condition? If you don't mind sayingI had a pelvic surgery? A history?
Okay, yeah, now now wellhere's what I want to know.
This pelvic surgery. It's not apermanent thing. Could it be considered a
disability? No, it's actually goingto improve my quality of life. Okay.
And when you announced you had togo out for surgery, how long

(41:44):
after that did they eliminate your position. I think I let them know in
May, about a month ahead oftime, and about a month later it
was eliminated. They did move apart time pay in January, so this
is about six months after they movedme to part time pay. Okay,
so they were kind of moving towardthat direction. Maybe they could make that

(42:06):
argument that it had nothing to dowith your condition. Yeah, and they
said that it wasn't performance based.Okay, So then what happened? So
I get it, I get it. So so you you went, yeah,
okay, this is this sounds likea coincidence, but keep going.
What happened then? So then theyoffered me a kind of a low ball

(42:30):
severance offer of just one month ofpart time pay. And I've been there
for four years and I just wantto know, like, what is a
fair severance offer? And is itlegal to lay somebody off while they're on
medical leaves in the state of Colorado? You know, here's the general answer.

(42:51):
First of all, I can't tellyou what's legal because I don't know
of any laws on that, andI'm going to have somebody look that up.
We don't have an active employment attorneyright now that really, unfortunately represents
employees. All of the employment attorneyswe know represent employers because employees don't have
money. It's a terrible situation employmentlaw for the employee. But the short

(43:15):
answer is, I know people,they can't fire you, no, but
they can eliminate your position. Doyou see that tricky thing there? Okay,
you see now you know who weshould call Kaschina? We should try
to call somebody who does workers compjust because they would know about this.

(43:39):
And you know cliff Enton Enton Law, he does workers comp. We might
want to try him. Uh,who else does workers comp? On our
referral list? Let's try Cliff Entonto see if he's around. And I
do have to sign this severans letterby tomorrow or I well, are they
asking you to waive anything in thatletter? What are they saying? They

(44:01):
do want me to sign an NDA? And then okay, but are they
asking you in this severance package thatyou won't sue them for anything? I
believe, so I'll have to goback and read it again. But the
other thing that I'm thinking about iswhen they merged with this other company back

(44:22):
in twenty twenty two, I lostaround two thousand dollars worth of sick time
and that's always kind of stuck inmy craw as not being right. Okay,
So so before you got your surgerythey eliminated your position or after after
two weeks after the surgery, Okay, Okay, hold on, and we're

(44:42):
going to try to get an attorneyon I'm going to take other calls for
you. Yes, sir A standsfor Family and Medical Leave Insurance Program,
Family and Medical Leave Insurance Program.Okay, thank you, doc. I
wonder if somebody see she technically wasn'tfired. They eliminated her position. But
the the the case they're going tohave is they were going to do it

(45:05):
anyway, and they're going to showus evidence that they reduced her to part
time. And geez, I mean, what would you tell me this,
Kara, If they truly eliminated theposition, how could you say it was
because of your surgery? I mean, in other words, they didn't hire
someone else. It's not that Iknow of no, so then that argument

(45:29):
would be pretty strong. How muchis the total severance package? How much
in dollars? Thirty three dollars?Otherwise, okay, and you've been there
how long? Four years? Iwant to be honest with you. In
the employment world, four years isusually doesn't get any severance. I mean,

(45:50):
that's a very short time to bewith someone, you know. I
mean, whatever they offer you iskind of gratus. It's not they're not
obligated to do it. I thinkthey just want to dispense of any kind
of hassle you might give them.I don't know, but we're gonna we're
gonna talk to an attorney maybe andget some comments on this. I'm Tom

(46:10):
Martino three oh three seven one threea two five five. Go with a
sure thing Denver's best roofer Excel Roofingdot com. You don't pay a cent
until you're content. Time for aninsurance check up free, no obligation comparison

(46:32):
call Compass Insurance paying too much yourcoverage at dozens of insurance companies find out
now three oh three seven to sevento one help. You'll think you're his
only customer when you choose Frank durandthe real estate Man dot com to list
your home with Remax Alliance three ohthree nine two zero sixteen twenty two.

(46:54):
Hey Tom Martino here three oh threeseven one three talk seven one three a
two five five. So Cliff Entonis an attorney at law that does personal
injury. He also does workers' compensation, so he may not handle cases exactly
like this, but I'm sure heknows about him and that's why I wanted
to ask him. High Cliff,how are you been doing? Hey Tom,

(47:16):
how are you good? Long time, no talk, but we get
good reports about you, so I'mhappy to have you on board. I
wanted to ask you. There's aFamily Act. It's kind of like the
Family Leave Act, but it's different. It's for people for smaller employers.
And this woman, Karen, wenton this benefit and it's provided in the

(47:36):
state of Colorado for people that fallthrough the cracks. So she wasn't covered
by the Family Leave Act. Shehad to have surgery, and she said
a couple weeks after her surgery ora week after whatever, they eliminated her
position. So she her first questionwas, are people allowed to eliminate your

(47:59):
position when you're on a benefit,Like, let's take workers comps. Since
that your expertise, If someone's onworkers comp can they eliminate someone's position?
They can, as long as it'snot what's called retaliatory discharge. Then how
do you know, Well, itbecomes a question of fact. You don't

(48:22):
know, because they're never going tosay, oh, yeah, we're firing
you because you were on war compor we're letting you go because you're a
war comp. It's it can.You would have to prove and Cara,
but Cliff, it seems to methough that if the entire position is eliminated
and they don't rehire someone, theywould have the employer would have a strong

(48:44):
case, right, yes, stronger? Okay, what about what about family
leave and other benefits? Do youthink the retaliatory provisions still? Kara was
told? I guess, Kara,did the state program tell you that if
it was retaliatory it would be aproblem. I did call and they said

(49:07):
they would continue my payments for familyregardless if I lost my job or not,
and that it was viewed as aform of retaliation. But I have
to actually submit a complaint and ittakes a long time for them to review
it. I mean, you certainlycould do that. You don't lose anything
by doing it. You know,I can tell you that their lawyers is

(49:29):
specialize an employment law comes to beable to give give you a reference to
one of those, But you know, it's it's hard, yeah, and
Cliff. Employment attorneys for employees rightnow are few and far between because they
mostly work for employers. Because they'rethe employees who are out of work,

(49:52):
they don't have money, and unlessit's a really good case that they can
take on contingency with a lot ofdamages, it's hard to get an attorney.
But but I guess what you're sayingis they can't fire you, but
you have to prove if it's ifit's because of the leave, but you
have to prove it it's the burdenis on you, right, And then

(50:15):
I'm not even sure what your measureof damages would be if you do prove
it. Maybe back wages, backback wages you know you may be able
to get. You can allege obviouslyif there's any discrimination, violation of of
of rules and acts. I mean, I know that when we settle a

(50:36):
work comp case, a lot oftimes the employer will want, uh,
what are called employment waivers because theywant to make sure that if they're giving
you money for a work comp casein the settlement that then hey, you're
not going to come back and zoomfor wrongful discharge, for discrimination, right
discrimination, set whatever. So itis pretty common. Now, what about

(51:01):
in general, like, when youhave workers' comp cases? Do you often
not often, but do you havepeople fired or positions eliminated? Uh,
you'd be surprised the number of timesthat occurs to yes, And have you
ever successfully proved retaliation? Sure?Yeah, because sometimes it would seem pretty

(51:28):
hard to prove. But in othertimes, if they say they eliminated it
and then a month later they hiresomeone else. Yeah, but in work
comp, if they've eliminated if you'renot at fault in call and in causing
determination like you know, you cursedout your boss, you play whatever,

(51:50):
something like that, then even ifthey eliminate your position or let you go,
then you're entitled to what's called temporarytotal disability from work comp. It's
way easy to deal with that ina work comp context than it is probably
in an FMLA context. Okay,I get it. Well, thank you
very much, Cliff. We appreciateit. That's end in law by the
way, Workers comp and Personal Injurythree O three three three three two two

(52:16):
two two. That's nin e NT E N n in law dot com.
We appreciate it. We have more. Come and read up. Go
with a sure thing Denver's Best rooferExcel roofing dot com. You don't pay
a cent until you're content. Timefor an insurance check up free, no

(52:40):
obligation. In comparison, call compassinsurance paying too much your coverage at dozens
of insurance companies find out now threeoh three seven seven to one help.
You'll think you're his only customer whenyou choose Frank durand the real estate man
dot Com to list your home withRemax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martine, you're a troubleshooter, So Stacy,

(53:06):
I brought up your call here.You called a few weeks ago about a
divorce. Am I reading my notescorrectly? Stacy? Your husband filed for
divorce on Christmas? Yes? Literally? Was he trying to be funny?
Or what I mean? Did youwere served on Christmas? Yes, sir
god, and that was last year, in December of twenty twenty three.

(53:31):
Were you guys having problems or wereyou okay? So you kind of knew
something. We oh, well that'sa problem, isn't it. It's a
problem for him for sure. Buthey, Tom, maybe he's Jewish and
he served her after Honukkah. Yeah, we never know. Hey, Stacy,
he cheated on you. You guyswere having trouble, and I'm sorry

(53:53):
about this. I don't want tomake light of it. He served you
with divorce. You hired divorce matters, remember the call. You paid a
two thousand dollars retainer and what basicallywas your what was your problem? That
we uh, because I don't haveany notes here that we assigned it to
anyone. Okay, So I hadbeen at the house on June twenty ninth.

(54:19):
Well, we went to mediation onJuly tenth. Okay, we did
divorce matters, assign an attorney toyou. Yes, And she walked out,
just walk basically walked out. Youasked me to call the Colorado Bar
I did. I found Oh waita minute, Wait a minute, wait
a minute. So when you saidmediation, you're not talking about your divorce
you. I told you to callthe Now I remember the Fee Dispute Committee,

(54:45):
because you thought you paid two grandand you didn't get anything. I
did, and I called. Icalled them, and right now she is
in major trouble because I called theColorado dis bar and I spoke spoke to
on one and then I called theSupreme Court Grievance Committee. Right, yes,

(55:05):
we're over They call it oversight.Now I think, yeah, yes,
Miss Rosette said that she was supposedto give me money back. So
she's now being investigated because what shedid was she she basically my attorney put
me, uh scheduled the mediation,charged me for it and did and there's

(55:27):
dropped the case on that day.But let me let me get this straight.
When your husband filed for divorce,did you did he agree to go
to mediation? Did you hire divorceMatters to represent you? Or did you
hire divorce Matters to do a mediation? I hired them to represent me because

(55:47):
the judge told me that, youknow, try to get an attorney,
and I said, okay, Igot it. So why were you upset?
If you pay them a two thousanddollars retainer, that's not a lot
of money for a divorce retainer.Why did that upset you? Because she
never did anything herself personally, onlyseen her one time, and she had

(56:10):
her pair of legal through the swornaffidavit and financial disclosure, and that's all
they did. I never seen her. I never talked to her anymore,
no kind of communication. And youfelt so how much did you feel that
you should have been charged just forthe pair of legal part because she didn't

(56:30):
represent me in anything. What shedid was make it worse. She made
me go out through two and threein the morning to show that he was
still living in the house. Iguess she spoke to the opposing attorney and
it kind of put her in asituation where she felt it was too challenging
for her, so she had Wellwait a minute, so you went,

(56:52):
you literally went to arbitration at thebar. Yes, I did. And
what happened? And what did isshe? She walked out? She walked
out. She sent an email tome and says she no longer is taking
my case. Well, but youknew that, that's why you wanted a

(57:14):
refund. Well no, I didn'tknow that. I wanted to refund after
I found that out. I didn'tknow she was going to do that.
The last thing that Wait, anute, why did she walk out? I'm
confused? Why did she walk out? She couldn't handle the opposing attorneys?
Okay, I'm looking at the teamhere. Which one is it on divorce

(57:35):
matters? It's Catherine Kendrick. Okay, I'm looking to see if she's still
here. Oh yeah, I seeher, Catherine Kendrick. Okay, So
she walked out? Was there?Did the arbitrator make a decision she could
just walk out? No? No, the arbitrator. No, you were

(57:59):
in arbitration. And when she walkedout, what did the arbitrator say?
You mean the mediator? Okay,I'm sorry. The mediator. Yes,
yes, she we didn't come tono agreement at all. Okay, it
was it was just like we knewwe weren't going to come to an agreement
because he on June twenty ninth.I don't think you knew that he gave

(58:19):
me two black eyes. No,no, wait a minute, dear,
I'm Stacy. Just help me out. When I talk about mediation, did
you go to mediation with the attorneyto get your money back with the bar
association, I'm not talking about there'stwo mediations going on. Or I didn't
do that. I'm sorry, No, sir, No, I didn't do

(58:42):
that. I'm in the midst ofthat now. Okay. So the mediation
you're talking about is the divorce mediationwhere your attorney walked out exactly. That
is unheard of. I mean wait, wait, you went to mediation with
your husband, with your husband andhis attorney, and your attorney walked out.

(59:07):
Yes, why, she says shecouldn't handle the opposing attorney's attitude.
She was too bullying and challenging.What okay, when you went to mediation,
who was you had? You andyour attorney and your husband and her

(59:28):
attorney, right and his attorney yes, we're the four of you in a
room together, yes, including ourmediator. Well, we weren't in a
room. We were on zoom becausewe had and who who was the mediator?
Glenna Baker. Okay, So wheredoes it stand right now that mediation

(59:52):
broke down, Well, we couldn'tmediate our hearing is in until the twenty
fourth of February of twenty twenty five. Did you hire another attorney? No,
because I ended up on the streetbecause I ended up getting put out
of the house. Pros on bothof us on Wednesday. On Wednesday because

(01:00:14):
the judge he had a personality,a mad personality before he came in because
it was getting moved to a differentdivision. So he just stepped pros on
both of us. And we bothhad federal jobs. And my ex husband
will soon to be a start,was trying to get me. His attorney
wasn't saying anything, so he endedup with a pro I ended up with
a prro for nothing. So I'mgoing through an RFE right now and going

(01:00:38):
to do some other stuff to tryto get and appeal this because this is
a nightmare. This is a nightmare, Stacy, it is. You need
an attorney, though, Stacy,you really need to find an attorney to
help you through the divorce. Yes, And you know what I've been looking
form. I just really got toput myself, set myself in the position

(01:01:00):
where I have somewhere to live.I've looked at us. Are you literally
on the street? Are you literallyon the street right now? Pretty much?
Pretty much? Hotels? Father?Well, but hold on, why
were you kicked out of the house. I don't understand that part. I
don't know why I was kicked outof the house. He he his attorney,

(01:01:22):
He had his attorney, and hisattorney thought he wasn't going to get
anything. And the next thing youknow, the judge he starts yelling in
the courtroom and we're looking crazy.He apologizes to us on the sixteenth that
morning, and I'm like, Idon't know what to do. I by
myself, and so he just dropstwo pros both of us, I mean,

(01:01:45):
just like that, and says,I'm sorry, ye, jac I'm
gonna be honest with you here.I mean, this is way too,
way too complicated. Really, Imean, you need an attorney who can
represent you. I mean, honestto God, you need someone to help
you. Because, first of all, I don't. I can't believe that
divorce matters. Yes, that herattorney would simply walk out because she felt

(01:02:07):
challenged by the other attorney and itwas on a zoom call, and and
that the mediator did not I mean, I'm sean. So did your attorney
actually quit then? Right after that, yes, she did. She sent
me an email and the motion andsaid that she no longer can be the

(01:02:28):
attorney for my case because of thechallenging and bullying of the other opposing attorney.
That's what she said, because ofthe challenging and bullying the other attorney,
and they simply dropped you. Andyou put in a complaint. I
hope you put in a complaint withthe bar Association. Yes, I had.
And where does that stand? Rightnow? Where does that stand?

(01:02:51):
Rachel Winters? She has another lastthing too. She's the investigator, Missus
Rosette, of this Preme Court bar, like you said, m the grievance
committee or the oversight committee. Yes, she said, that is not how
we do things in Colorado. No, it's not. You know what,
Listen, you got to stay thecourse there because that attorney should be censured

(01:03:15):
if everything you say is true onthis and did you contact any I don't
know who the who the lead attorneyis over at Divorce Matters. I mean,
I imagine they have a founding partnerpossibly, did you did you talk
to anyone there above her? Yes? I did, and they're still refusing.

(01:03:37):
And then my friend David Blake,he went there, crutches and everything,
just to talk to him. Nothing, and they called, is it
true? Okay the founding partner?Hold on, there's a managing attorney and
there's a founding partner. Did youtalk to Douglas Thomas. Nope. I
didn't get to talk to him.I just got to talk to a person

(01:04:00):
under him, Emily, And theysaid yes, and wait, are you
sure it's Emily Annell? Did youtalk to the yesh? Yes, I
smoked her. I have her onmy email in your And what did Emily
say to you at Divorce Matters?She says she has to go with what
was discussed. They discussed it intheir own little group, I guess,

(01:04:24):
and that there's nothing she could doabout it. Well, no, listen,
I want to make something clear.There's nothing really wrong with Well,
I shouldn't say that this attorney couldfeel bullied and abused and not want to
deal with that other attorney. Butthey but in my opinion that what they
should do is assign another attorney orgive your money back exactly. And that's

(01:04:48):
what missus Rosette said. But they'rerefusing, and well then you got to
continue. I don't know what totell you. Got to continue the course
here. Meanwhile, I'll see ifI can find someone who can represent you.
We have make sure we have yournumber. We have more coming right
up. Go with a sure thingDenver's Best roofer Excel Roofing dot com.

(01:05:15):
You don't pay a cent until you'recontent. Time for an insurance check up
free, no obligation. In comparison, call Compass Insurance paying too much your
coverage at dozens of insurance companies findout now three oh three seven to seven
one help. You'll think you're hisonly customer when you choose Frank durand the
real estate Man dot com to listyour home with Remax Alliance three oh three

(01:05:39):
nine two zero sixteen twenty two.Hey Tom Martine here, three oh three
seven one three talks seven one threeeight two five five. I want to
get to the phones and I wantto talk to Joe. Joe, what
happened with your car accident? Youhave them my brother law or information,

(01:06:02):
and he was in the back seatbecause he no longer has a driver's license.
Well, they say I ran thered line, I went ahead and
Andy see to it. Okay?Is that all? Or was there any
injury or accident? Yeah? Meand my wife were both hurt? Oh
wait wait wait, wait when youwhen they said you ran the light?
Did someone hit you or did youhit someone they hit me? And and

(01:06:29):
did you get a ticket? Yes? Okay? And you and your wife
were both injured? Yes? Okay, So what is your question? Oh,
the insurance haven't He said they weren'tgoing to cover us? Why beca
because we got a ticket? Iyes, no, you're still covered.

(01:06:50):
But here's what I want to know. You said your brother. Hold on
this, this is important. Yourbrother in law was in the back seat,
right was he? Was he alicensed driver? No? Then how
can you have car insurance? Idon't know. Inspired his license expired and

(01:07:15):
his insurance Go with a sure thingDenver's Best roofer Excel roofing dot com.
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(01:07:38):
You'll think you're his only customer whenyou choose Frank durand the real estate
Man dot com to list your homewith Remax Alliance three three nine two zero
sixteen twenty two new so you don'thave run as as we can, Shooter's

(01:08:04):
gonna help. Come man, thisis the Troubleshooter Show. No Tom Martino.
Hey, I'm Tom Martino. Welcometo the show. This hour brought
to you by fix It twenty fourto seven. I've been representing George with
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(01:08:28):
That's why they call it. That'swhy they call it fixmihome dot com
fix It twenty four to seven.And by the way, replacement sometimes is
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that's really important. So that's forright now. This time of year would
be more like probably sewer replacement andair air conditioning as a big one.
Yeah, yeah, so free secondopinions, no strings attached, yes,

(01:08:51):
absolutely all right then free memberships.We were giving away a certain number of
memberships. I'm not even gonna giveyou the number, and I'll tell you
why. No, No, I'mserious. I want to fill up these
slots. They're free. That meansthere's no obligation, no funny business.
You automatically get a furnace service,an AC service, your panel, your

(01:09:14):
power panel service, and your waterheater service. And that's once a year
as part of the membership. Andit's free. If you call seven to
zero five two, six, thirtynine, thirty nine, tell them Martino
sent you. It's free, nostrings attached. Tell them I'm calling for
my free slot, my membership.What do they call it, the Green
Bubble Club, the Green Membership Club, Yeah, I call it bubble.
And we're doing this just for Martinolisteners, right, so guys, don't

(01:09:38):
tell anybody else. This is justfor you, so seriously, and once
we fill it up, that's done. And then we're going to have a
special on the membership you have topay for, but right now it's free
until I tell you. Now,let's talk to this. This car accident
I'm very confused about, but Ihave my expert on and feel free to
chime in. Let me put thatwhite chat. Yeah, you're on,

(01:09:58):
Hannah, So so jar me.Joe said he was driving his friend's car.
It was it was his brother inlaw and his wife was in the
car with him. His brother inlaw's in the back seat. But his
brother in law hasn't expired license.When did, Joe? When did your
brother in law's license expire? Areyou there, Joe here? Over a

(01:10:27):
year? Did he lose his licenseor did it expire? Inspired? And
why did he not get a newone? Well, he's almost blind.
Oh that's a good reason. Imean, he probably got like twenty forty
villion, but he don't qualify todrive. Okay, so he probably drives

(01:10:51):
like Mark in his big motor home. I'm just kidding about it. I'm
just joking. Hey, So,so Joe, listen, listen, So
he doesn't drive, Jeremy, areyou allowed to have a car that's licensed
and insured if you don't drive?If you yeah, I mean you could
ensure a vehicle that you don't drive. You would typically need to list who

(01:11:15):
is driving on that on that policy, though, like, like who is
listed, Joe, do you knowon his policy for a driver? Yes?
Okay, Now, you were in. Now, Joe was in an
accident and got a ticket for runninga traffic light, and his insurance says,
we're not going to cover you.Is that right, Joe? Yeah,

(01:11:39):
it's State Farm. That's my brotherin law's insurance. Now, my
my insurance covered me and my wifeand our insurance covered her. Shane Farm
ain't done nothing. Okay, thephysical Now, hold on. Here's what
I want to ask. Why won'tthey cover What reason did they give you

(01:12:02):
for not covering you, Joe?Because I got to take it now,
Jeremy, that's not a good reason. Right, Well, I guess I'm
confused. What what are they notcovering him for? Yeah? What are
they not covering? Medical bills?Are they? Let me ask you this?

(01:12:23):
Are they? Hold on? Arethey covering your the car? Your
brother in law's car? Well fromme, my voices? Okay, all
right, Hi Tom? Hi?What what is your name here? My

(01:12:44):
name is Julie. Hey, Julie. Why what are they covering your brother's
car? I assume it's your brother. Yes, it's my brother, but
I don't know because we're confused becausethey say no, and he said yes
they did, but they he hadto go pick up the ticket, I
mean price of it. But sinceboth Joe and I were injured and in

(01:13:09):
a hospital, we have nobody hereto take and he didn't drive, so
they said since he didn't pick uphe didn't pick up his check, that
they weren't going to cover nothing.Wait wait, wait, that doesn't make
that doesn't make sense. I wantto ask a few questions, Julie.
When was this accident? How longago? September twenty fourth of last year?

(01:13:31):
Okay, twenty three? Okay,okay, Now what I want to
know is this the other car?What happened with the other car? I
have no idea because basically, Joewas unconscious and I was in bad shape,
and they took all three of usand won ambulance before the police ever
got there. They took the firedepartments had to take us out of the

(01:13:57):
car, pry us out of thecar. So it was a pretty bad
accident, right, And I thinkit was the other guy that was at
fault. Well yeah, but you'rebut but Joe got the ticket. And
here's what I want to know.What happened to the car? Did your
hold on? Did your brother haveit fully insured? What year was this
car? I'm not sure what yearit is, but yeah, he had

(01:14:24):
full coverage on it. He wascarrying full coverage on it, including collision
coverage. Kill it's a twenty eleven, so he probably do you know if
he had collision coverage or not?Do you know? Uh? Yeah,
because he had a two hundred andfifty dollars inductible for collision. So has

(01:14:46):
his car since been fixed or replaced? No, the insurance totaled it.
But they were supposed to give hima check for it, and they never
gave him the check. He says, well, they never gave him che
because he never could go down thereto pick up the check out. I
get it, I get a holdon. You're right, they should get
him the check. We can handlethat. We can help your brother get

(01:15:10):
paid. But now, did hehave med pay medical liability? No,
it's no, it's it's specifically calledmedical payments. Yes, he had.
It's number C on his card.It says medical payments. And what does

(01:15:33):
it say under medical payments? Itdoesn't say anything. This is on his
card and it just says medical payments. It says nothing about it. So,
Jeremy, do you know what they'retalking about? Jeremy is with a
compass insurance group. What is she? What is she talking about? On
his card it says medical payments.Does that mean he has medpay? No,

(01:15:54):
he had for himself, but fornobody else. No, Well that
that's not so either, because theydon't. Hey is per person. But
if there's nothing listed on the card, then I'm assuming he doesn't have the
medpay coverage. Usually there'd be alimit listed. There is that where you're
also seeing the deductible at two pointfifty? Yes, listen, I think

(01:16:15):
if it's blank, my assumption wouldbe that there's no medpay coverage on that
policy. See, the reason they'renot paying it is because he doesn't have
the coverage, not because of theaccident. And also, well it is
because of the accident too, becausethe other In other words, it's your
fault. If it was the otherparty's fault, you could go after the

(01:16:39):
other party for your medical payments.But usually with medpay coverage, it doesn't
matter whose fault it is. Andthat's probably why they're not paying is because
you don't have it. But here'show we can find out for sure.
Let me ask you this, Julie, your brother is your brother pretty competent?

(01:17:00):
Can he talk and all that?Well, I don't think he's too
clear. He doesn't understand much.Okay, would you be able to get
a copy of his insurance policy?I guy, his insurance card, not
his card? Well, I don'tknow. Would his card be the same
as the decks page? You tellme, Jeremy, we'd want the deck

(01:17:25):
page for this for sure, Julie. Do you know if he has an
insurance policy anywhere he can look ator you can look at. Uh,
they're usually they're usually PDFs. Nowthey're usually electronic, Jeremy. Does anyone
mail out a policy anymore? Yeah, there's still some companies that eat.

(01:17:47):
Yeah, because we don't have computers, so they have to mail ours to
it. Okay, if he hasa policy, the front page usually have
the policy or the second page iscalled declaration page, and it's a summary
of the insurance. If you canget a hold of that, we can
help you. Okay, if youcan get a hold of that, but

(01:18:12):
we need to know what coverage youhave first, because it's set you.
Here's my first blush. I don'tthink he had medpay, although if he
had collision on a twenty on anaccuse me on a thirteen year old car
Maybe he did have medpay. Idon't know, but you need to look

(01:18:33):
at his policy, and if hehas medpay coverage, they would have to
cover you. I can't see wherethey'd get around it, do you,
Jeremy, Well, just to understandtoo, I mean, most policies,
the medpay coverage is really it's likefive thousand dollars, that's what most people
have. And it's not designed tocover your medical bills. It's designed to

(01:18:57):
cover your expense. You're out ofpocket expense, your health insurance isn't paying.
So there's just to make sure thatthey're understanding. Medpay is not a
big coverage. It's not. No, no, it's not, but it
is certainly something. So Joe andJulie, how much of your hospital?
How much of your medical bills?Mine is one hundred and fifty thousand,

(01:19:20):
And I don't know what Joe's isbecause we have never seen. Okay,
now, do you guys have doyou guys have any kind of health insurance
or medicare? We're both on Medicare? Is Medicare paying any of that?
They paid a portion of mine?Okay? And so is anyone trying to

(01:19:44):
come after you for money. I'mnot sure. I've not seen a letter
or anything. We get calls everyday, but I'm asking is anyone trying
to collect? Is anyone I'm tryingto collect from you? Yes? But
it has nothing to do with medicalOh what does that have to do with

(01:20:08):
at some credit card? They saythat, Joe owes, But we never
had that credit card. So we'vebeen forget that for now. For now,
you can forget that. But here'sthe deal, Joe and Julie.
How old you guys? I'm sixtyone and Joe is seventy eight. Okay,

(01:20:29):
so he robbed the cradle. Listen, here's what you do. Basic.
Basically, here's what you do,Julie, seriously. Now, what
you need to do is how areyou on Social Secure? How are you
on Medicare at sixty one? Atsixty one years old? It's a disability?
Oh okay. What you guys needto do is basically nothing, because

(01:20:56):
we're going to check the coverage foryou if you get a copy of the
policy, but they're probably not goingto collect a dime from you anyway.
Do you guys have a lot ofmoney stashed anywhere? No? Do you
own a home? Yeah, butit's but the mortgage is killing us on
it. How much it equity doyou have? They say there's like two

(01:21:21):
hundred and three thousand. Okay,so you guys are uncollectible. Do you
know what that means? That theycan't get anything out of us? That's
right, because all of your benefitscome from the government. You don't have
enough equity and you don't have anysavings or investments, so they can't get

(01:21:44):
anything from you, so they won'tbother So why do you care if the
insurance covers your medical bills or not? Uh? Kill us? The one
that called you, I'm not sure, no, no, no. What
I'm saying is I don't want youto worry. I don't want you to
worry about it. That's what I'mtelling you. Yeah, okay, okay,

(01:22:05):
but I do want you. Ido want you. You're not gonna
have to pay anything. I wantyou, though, to get a copy
of your brother, of your brother'sinsurance if you can, and call us
back, and we'd be happy tohave Compass take a look at it.
Jeremy. In general, though,if you're not if you're not licensed,

(01:22:31):
you can still have a car andlet others drive it. Yeah, I
mean this definitely can go from companyto company. But yeah, like we'll
have people who's still in the car. They no longer drive, maybe they're
getting old or whatever the case maybe. But the insurance company is going
to want whoever. So let's sayyou have your daughter drives you to medical

(01:22:56):
appointments a couple times a week inyour car, but you're not driving,
They're gonna want you to have yourdaughter list It is a okay, all
right, Paul, But what aboutoccasional use? If you just let someone
drive now and then, would theyhave to be named? No, that
would fall under permiss abuse. Ithink that those guys were probably covered.
We just have to figure out whatkind of coverage they had. So guys,

(01:23:18):
get us that information. And bythe way, thank you, Jeremy.
Compass Insurance Group Home of the InsuranceCheckup three oh three nine ninety six,
nine thousand. We have more comingright up. Go with a sure
thing Denver's Best Roofer Excel Roofing dotcom. You don't pay a cent until

(01:23:39):
you're content time for an insurance checkupfree, no obligation. In comparison,
call Compass Insurance pay too much yourcoverage at dozens of insurance companies. Find
out now three oh three seven sevento one help. You'll think you're his
only customer when you choose Frank durandthe real estate man dot com to list
your home with Remax Alliance three allthree nine two zero sixteen twenty two.

(01:24:06):
Hi Tom Martinez here three oh threeseven one three talks seven one three A
two five five. Do we stillhave free memberships to give away? We
have just a few chief Okay,we're not gonna say the number. Then
no, no, I don't wantto because it's free. There's really no
strings attached. In fact, youdon't even have to renew. You don't

(01:24:26):
have to do anything, but youwill love it so much. This is
priority appointments, discounts on everything,including replacements, and free service. Well
it's not free as part of themembership, but it's free to you.
It'll be the furnace, the acin its appropriate season, the water heater
and then the electrical panel and theseservices can prevent major problems. But it's

(01:24:49):
all free right now until we tellyou not. You call seven two zero
five two six thirty nine thirty nine. I'd love your opinion on it.
After you've been a member. I'ma member. It's wonderful. Our members
love it. And time I thinkwe got so excited we forgot to say
this is for fix at twenty fourto seven. Oh of course, I
mean we're just synonymous. Of course, fix it. You're right, fixmihome

(01:25:09):
dot com. Of course. Andthen, of course, whether you're a
member or not, you get freesecond opinions. You got to be patient
on it, but honest to God, no matter what you're told, ever,
I always believe you should get secondopinions. Anyway, Dominique, what's
going on with you? Dominique,welcome to the show. And Tom,
Hey, what's happening? Okay,So me and my roommates to my roommates

(01:25:31):
just moved into these apartments March fifteenkokay, so there's three of you,
yes, okay. Before we movedin, they told us that we had
to have all of our stuff setup, like our rest insurance or Excel
Energy like all of that stuff setup, which we did. Yeah,

(01:25:54):
okay, that March. When didyou move in, Dominique, When did
you move in? March fifteenth thisyear? Okay, March twelfth. My
roommate Ash, she had all ofher She already had an XL Energy account

(01:26:15):
from her old apartment, and Iwas moving out of my dad's house,
so I didn't even have any accountsset up, nor did I need to,
because she already had all the informationand stuff needed to have the cap
transfers. Okay, so she shetransferred her account to that new apartment.
Yes, and then and then theand then the idea was you were all

(01:26:39):
going to chip in for it.Yes, so okay. She has the
confirmation email from XL Energy saying thetransfer is complete. You know, there's
nothing else needed from you, YadAYadA YadA. You know, like it
was pretty much over. She didn'tneed to do anything else. They were
just transferring the information it to thenew part. March eighteenth, I had

(01:27:03):
to go to the office to findthe rest of the paperwork because they forgot
to have a still out from paperwork. So I did that, and then
I finished moving my stuff inside theapartment. And then apparently three months later,
so the end of last month,we got a bill from the office

(01:27:26):
saying we owed them three hundred dollarsfor them paying our EXL energy bill.
I don't wait, wait wait,wait, wait, wait, wait wait
wait, wait wait wait wait wait. Is they were paying your Excel energy
bill because apparently they thought you didn'thave an account? Right? Yes,
But but the thing is is thatwe did well. Yeah. But here's

(01:27:48):
what I want to know. Thisis what's important, Dominique. Were you
also paying the bill as well?Yeah? I would send Ash the money
whatever moving? What was Ash wasAsh? Okay? Ash is your roommate
when she transferred it to the newapartment Ash lived with you? Is that

(01:28:11):
right? Yes? Was Ash beinghonest with you guys or just collecting money
from you? No, she wasbeing honest. She sends us like she
sends us all of the emails fromExcel saying that everything was transferred and can
see And that's not what I'm asking. Here's what I'm asking. Listen.
It's very easy. You moved inMarch fifteenth. Sometime in June, you

(01:28:33):
got a bill, Okay, Yes, did you see that bill that Ash
got? Yes? And you paida third of it, so we didn't
pay that bill yet. That's whereI'm getting to. Well, Okay,
you've been there since March fifteenth.How many Excel cycles have you been through?

(01:28:57):
It seems like April May June andJuly. Right, Yes, have
you guys paid four Excel bills inAsh's name? No, the office has
because what happened was, so whenwe transferred the email, we got the

(01:29:19):
emails and everything she forwarded us onthe emails of how we knew like everything
was complete and everything, and thenwhat happened was because it was like the
online transfer, there was a delayon Xcel Energy side, and so on

(01:29:39):
March eighteenth, they decided to makean account under in my office. The
office apartment complex decided to make anaccount under my name without letting us know.
Okay, but Dominique, I understand, I understand the complication, but
no matter what, you don't haveto double pay. So if you already

(01:29:59):
paid Ash, is Ash going togive your money back? Because Ash apparently
didn't have to pay what they werecharging Ash for her old apartment. Still
they said that, oh, soyou guys were paying, you guys were
paying. Didn't figure that out untilthe end of last month when we got
that three hundred dollars yesh okay AshAsh Ash Ash the money that she was

(01:30:24):
paying on her old apartment. Wasanyone living in that apartment? No,
So what happened was was the oldapartment, So she was still on the
lease to the old apartment until Aprilfirst, but she moved out early because
we moved in here March fifteenth.She gave the old office that she lived

(01:30:45):
at her keys early and she waslike, I don't think I'll need to
be coming back, you know.And then they moved somebody else in while
she was still technically on the leaf. So what I think happened was because
she was still on the leaf atthe old apartments, they still thought that
Excel the excel still thought that shewas still there. No, I get

(01:31:09):
it. So somehow, let melet me get this straight. Then,
somehow Ash was charging you guys andpaying her part of the old apartment while
the new management company at your newapartment was paying for the power on that
one. Yes, unknowingly, thoI get it. I get of course

(01:31:30):
it was unknowing. Of course itwas. So now you need to pay
the management company for the power uptill today. But at the same time
you need to get a refund forthe money you guys paid to the other
apartment. Yes, but I alsowanted to know if it was even if

(01:31:50):
office like apartment office management offices areeven allowed to set up accounts like that
under pennant's name. No, theyknow, they can't send it. Hold
on listen. Yet, they can'tset up an account under a tenant's name
without the tenant agreeing to the obligation. But they can set up an account

(01:32:13):
for the apartment and ask you topay what you used, absolutely, and
I'll guarantee you. I can't guaranteeyou, but most likely in your lease
it says that they have a rightto charge you for utilities used if you
did not set up your own account, which would include any kind of utility.

(01:32:35):
But will the management company? Doesthe management company understand the confusion?
I'm not short, So I wentto speak to them yesterday about that.
I was asking him too if hewas even allowed to be because they didn't

(01:32:55):
let me know, but that's whatthey were doing. I just got a
call from Xcel Energy when they say, hey, you know, like,
are you gonna, you know,finish setting up your account? And I
was like, what what do youmean? Yeah, I get have an
account with Dominique A Dominique this Iwant to I'm gonna I want to give
you some facts here about your accountand what to do. So, if

(01:33:18):
you can take some notes, I'mreally serious, I'll tell you how you
can fix this. It's it's notgonna be easy, but it'll be done
and then I can help you.I got to take a break first,
so hang on three oh three sevenone three eight two five five. Go

(01:33:38):
with a sure thing Denver's best rooferExcel Roofing dot com. You don't pay
a cent until you're content on topof it. Time for an insurance check
up free no obligation comparison call CompassInsurance paying too much your coverage at dozens
of insurance companies find out now threeoh three seven seven to one help.
You'll think you're his only customer,and you choose Frank durand the real estate

(01:34:00):
Man dot com to list your homewith Remax Alliance three oh three nine two
zero sixteen twenty two. I'm TomMartine. You're a troubleshooter. Listen to
make things clear. It's very easyand I don't want to go through dollars
and cents. But Dominique, whenthey moved into this new apartment, Dominique
in her roommates without knowing it,the management company was paying their electric bill

(01:34:27):
because the management company assumed that therewasn't an account set up, so they
set up an account and was payingfor that. And now they want to
be reimbursed, and they should bereimbursed. Dominique and Ash and the other
girl, they all owe the managementcompany whatever the management company paid, or

(01:34:49):
if it's a balance due to Excel, they owe for the energy they used
in the new apartment, no matterwhat. Now, as are as Ash
moving out of her old apartment,if she can prove the date it was
transferred and she has an email whereExcel acknowledged that they're transferring the account from

(01:35:14):
that date forward, they should crediteverything that was paid on the old apartment.
They still might owe some money becauseI assumed the new apartment with three
girls would be using more energy thanthe old apartment with someone. But you
know, we'll see. But whatwe need to do is get someone to
explain it to Excel. Now here'swhat I want to know, Dominique,

(01:35:39):
did Excel did Excel say anything,Did you guys contact well, actually it's
Ash who needs to contact them.Did she contact them and say, listen,
you were applying my payments to myold apartment after you told me you
transferred the account. What did say? They told her that it was back

(01:36:03):
payd from last like the last monththat she was there, and she was
like that I transferred it. Well, that sounds hold on, that sounds
logical because you do pay electric inthe rears. That does sound logical.
Here's all that matters. Okay,here's what matters. Ash needs to figure
out the money that she owed toExcel on the old apartment, that's all.

(01:36:27):
And if she charged you guys forthat, she needs to give the
money back to you because you werepaying for her old electric bill. You
lay out the months. Here's whatyou do. How long was she in
that old apartment? Do you knowhow long Ash was there? Maybe two

(01:36:49):
years? Okay? What Ash needsto do is go back six months of
bills and she needs to see whatshe was paying. Because Excel is right,
you pay electricity in the rears.So the payment that you pay in
July is for usage up to acutoff date sometime in June. So if

(01:37:15):
that's true. But I don't knowhow it could go on that long.
For example, you guys were payingmade the beginning of April and then moved
or beginning of March. I'm fire, and then moved out the middle March
fifteenth, and then she was alsogetting charged for April, even though she
had already put the transfer in.Yeah, but the April. Listen,

(01:37:39):
if she moved out of her apartment, let's say, no matter when,
whenever she moved out, she wouldstill owe money to Excel on that apartment
for the past thirty days. Shewouldn't owe every month after that, but
she would owe for whatever billing periodshe was residing there. It's not it's

(01:38:00):
the billing period. It's the consumptionperiod, not when they issue the bill.
So only you can figure only shecan figure that out. She can
ask for an account audit, butfor Excel to say that she was paying
for her previous months, that's ridiculous. If she moved out April first,
Okay, the most she's gonna oweis for March and half of April.

(01:38:25):
Excuse me, it is for isfor before February and half of March.
If she moved out, or maybeeven all of March. It doesn't matter.
What I'm saying is she doesn't owefor May, June, and July.
For God's sake, she wasn't livingthere. Are they saying every penny
she paid was for back Excel bills. Well, that's ridiculous. What do

(01:38:48):
they mean by that? And thething is she also had her she always
has all of her bills on autopay, So she's like, why didn't you
guys just take out all the money, bro, It doesn't matter they took
it out or not. Okay,that doesn't matter. If it was on
auto pay and they did not takeit out, she owes it. Whether
or not they took it out ornot, it's not the issue. The
issue is was it owed and wasit paid? She needs an audit of

(01:39:12):
that account. Honest to god.It's between It's really between you guys and
Ash right now. And if Excelovercharged her, they should credit her on
this new account or I don't knowwhat else to tell you, but Excel
is saying everything she paid, sheowed, and you're saying, no,
she paid extra. Whatever it isit is, and Excel should be willing

(01:39:36):
to give you a full and completeaudit. And if not, doc,
why don't you explain it to them? Just help them on a conference call,
maybe with Excel Energy to lay itout. I'm Tom martine more coming
up. Go with a sure thingDenver's best roofer Excel Roofing. You don't

(01:40:00):
pay a cent until you're content.Wait time for an insurance check up free,
no obligation. In comparison, callCompass Insurance paying too much your coverage
at dozens of insurance companies find outnow three all three seven seven to one
help. You'll think you're his onlycustomer when you choose Frank durand the Real
estate Man dot com to list yourhome with Remax Alliance three all three nine

(01:40:24):
two zero sixteen twenty two. Yeah, you need that? Who you don't
have? Come? Run incious asfast as you can. Shooter's gonna help.
Come Man Dix is the Troubleshooter Show. Now Tom Martino, Tom Martino

(01:40:51):
here three oh three seven one threetalks seven one three eight two five five.
What's on your mind? How canwe help you? Give us a
call and we would be happy tojust discuss your consumer problem, question or
complaint. If you've been in troubleand you've gotten ripped off. If you
need help with something, call us. We got all kinds of information.
This hour brought to you by Frankarandrealestatemandot com for free market valuations or analyzes

(01:41:16):
of your home. If you wantto know what it will sell for what
you can buy. He'll do itall free of charge, honest to God,
right down to every market aspect yourhouse, your comps. And why
does he do it because he wantsto gain market knowledge and he hopes if
you ever do list, you mightlist with him, although there is absolutely
no obligation. Frankarandrealestate Man dot comthree oh three nine two zero sixteen twenty

(01:41:39):
two. Another thing, We gota few free memberships we're giving away for
fix at twenty four to seven.And I call it the whatever it's called,
I call it the it's for service, it's a club. It's it's
something you belong to, a loyaltyclub where you pay a small amount every
month. Although now we're giving awaya couple free ones. We've given a

(01:42:00):
yeah, just for us, right, just for our listeners. So if
you call after the show, itain't gonna work. So you call seven
two zero five two six thirty ninethirty nine, say you want the free
What club do you call it?What do you guys call it? I
always call it the Green Bubble Club? What do you call it? I
like Green Bubble Club? It's agreen club. It's a green club.
So you join, you get prioritypricing, priority appointments, discounts on any

(01:42:23):
replacements, plus four major services ayear, like your power panel. You're
going through completely your water heater includinga flush, your HVAC in the prior
to winter, and your air conditioningprior summer. Those services. Now,
that's so you can get some freeones. Now, after we give away

(01:42:44):
all the free ones, we'll letyou know about a special deal as well.
But why wouldn't you get it freefirst fix myhome dot com seven two
zero five two six thirty nine thirtynine. Jeremy, I got some questions
about insurance after we had that discussionearlier in the show. By the way,
this is Jeremy, our insurance expertat Compass Insurance Group. So here's
the deal. We said, youcan own a car, and there are

(01:43:05):
plenty of people who are older,they can't drive anymore, but they own
a car and they want to insureit. And then they have designated drivers
or permissive drivers from time to timeto help them out. And somebody said
this was very enlightening. They didn'tknow that their mom has a car and
they want to use it, sothey were very happy to know that.

(01:43:26):
So I'm looking for my text skinI'm sorry, okay. And then on
that note, somebody asked car insuredfully my brother, me and my sister
hold on Okay, so they wantto know this she can no longer drive?
This is mom? And then howmany of us have to be insured

(01:43:47):
of the siblings because do we haveto like insure every one of them on
the policy? How does that work? Yeah, that's a good question,
and I think it's important to know. So really people should talk to the
agent or the company because there isgoing to be some variants from company to
company, so all this pergy kindof generalized. Companies typically are going to

(01:44:12):
want people who have any kind ofregular access or regular use to be on
there. So if you had foursiblings and you know, one of them
takes the parent to the doctor's appointmentevery Monday and another one takes them to
a different one every Thursday, youknow, maybe those two need to be
added and then the other two.It's really kind of a you know,

(01:44:32):
once in a whild thing. Thenmaybe that company is going to want those
two to be added. I thinkthe important thing is to just communicate that
because a lot of times people don'tand just kind of hope for the best,
and that's not something we would typicallyreckon it, okay, And then
in line with that, I gotanother text and by the way, people,

(01:44:54):
I should mention this at the beginningof the show. In addition to
texting us to the iHeart texting appwhich is five seven seven thirty nine and
putting Tom there, you can alsotext my Google number. That's where these
are coming through seven four seven.And I have a question, is there
a such thing as somebody wants toknow as an open policy? Can they

(01:45:16):
have an open so they don't ifthey have caretakers and things. So those
aren't as typical on personal lines asthey are typically in a commercial lines policy.
So it really more comes down tohow a company's defining their permissive use

(01:45:39):
in their contract. So permissive useis typically going to be something where your
neighbor needs to borrow your truck togo to home depot. That's fine.
You don't need to add your neighborto your insurance policy to borrow your car.
Most companies, if not all,at this point, are excluding permissive
use from any drivers in the house. So a lot of times it comes

(01:46:01):
down to household but as far asa specific open policy, those aren't really
something we see on person Okay,it's the way you can see on commercial.
Now, next question. Having thissparked some kind of a nerve here
because I guess a lot of peoplehave elderly folks and stuff. They have
cars. Somebody wants to know ifmy brother lives with my mom still and

(01:46:27):
he's forty, and he's not he'sa licensed driver, does she have to
have him on the policy because helives there. Now, this is a
good topic because we always talk aboutparents when their kids become the driving age
and have licenses, their insurance changesbecause you have to tell your insurance company,

(01:46:48):
right correct, Okay, So doesthat work for an adult child like
this guy that's forty years old livingwith his mom? This is really I
know I say this all the time, but this really is company specific.
So with even our companies, mostof ours at this point would require that.

(01:47:09):
So he's forty, he has hisown insurance. If he lives in
mom's house or whoever it could be, you know, his brothers, anyone's
that company is going to want himto be listed or excluded as a driver.
Now, I definitely have some companiesthat don't that will say, hey,
he's got his own car, heis his own insurance. That's fine.

(01:47:30):
We may have him listed on there, but they're not rating him for
it. So this one really iscompany specific. And if you're with and
I see this all the time evenwith my clients, where they'll call up
and let's say they're with a companythat does require that, and the rate
goes up a bunch, and it'slike, why are they paying because they
live together, Now they have topay more money. This guy's yeah,

(01:47:53):
he's living in the house, buthe has his own car. We will
move them to a company that maybedoesn't require that. So that's a big
one where if you're in that situation, verify how your company's going to handle
that or require that to be andif it doesn't line up for you,
that's a great time to look elsewhereto go to a company that's not going

(01:48:14):
to have that requirement. All right. Now, along the same vein,
let me go to the next one. Will my insurance cover me if I'm
driving Mom's car and she doesn't havemedpay but I do. Your med pay
can potentially extend if the driver's policydoesn't have it. That's a tough one

(01:48:40):
because the medpay is really more inthe vehicle. We've seen that pay on
someone's insurance pay out, like asa pedestrian. So it's not something I'd
go as far as to say yesit would, but it would be a
potential to look to see if there'scoverage. Okay, now on ride shares?
This is my question. This isnot a text. I know we

(01:49:01):
have coverages that extend to our rentalcars if we have a good enough policy,
So when we go on vacation andrental car, whatever we have on
our personal car can extend to arental car. Right, Okay, does
any coverage extend to ride share?Let's say I have a way cool?

(01:49:26):
Well, I mean I don't know. Let's see if even under insured or
uninsured and let's say ride share orwhoever hit ride share or any of them
aren't adequate for my needs. CanI go to my own policy for under
insured, uninsured or medpay? Yeah, you could, I don't know.

(01:49:47):
The medpay would be a lot morelikely where you can see coverage from that
the uninsured mot rist it could actas a backup a second very if there
wasn't enough coverage or potentially not nocoverage by it. There's so many factors

(01:50:09):
that go into that that it's notsomething where I'd say absolutely, but I
do think you it would be somewhereto look to get coverage in that situation,
okay. And on homeowner's insurance whenwhen when the homeowner is insured for
personal injury, what does that mean? So personal injury on homeowner's insurance is

(01:50:34):
actually libel and slander. So yeah, that's what people That's what this one
person is confused about because they theyhappened to notice that, so they wanted
to know what is and like,you're getting hurt. It's not okay,
So explain when you would use thatcoverage from your homeowners. Let's say you

(01:50:58):
go on Facebook and say something aboutsomeone and they sue you for it,
or your kids do or something likethat. It's become a lot more prevalent
with social media to the point wherewe're seeing a lot of companies so that's
a liability coverage, just like ifyour dog bites someone or whatever the case
may be. But with social mediabeing so prevalent now and this claim being

(01:51:20):
so prevalent, a lot of companieshave separated that liability from the general you
know, liability coverage that comes onthere. And the reason they'll do that
is either they're not going to coverit, They're going to cover it for
a lower limits. I'll see alot of deck pages that people send in,
or they might have five hundred thousandin liability, but then the personal

(01:51:43):
injury might be twenty five thousand orfifty thousand. So it's the insurance company
saying, hey, this is becomingway more common than it was in the
past, and so we're not goingto include it in the general liability.
Let's explain that specifically. Let's explainthat specifically. What we're talking about is
the trouble you get into for callingpeople out. And I want to if

(01:52:04):
you hang on, because this isreally important. This is something, like
you said, is happening more nowthan ever, and a lot of people
don't even know they have that coverage. One guy even had to fight with
his neighbor. His neighbor sued himfor saying something about him, and he
said he went through his entire caseand realized he could have been paid by

(01:52:27):
his homeowners. He wants to knowcan he go back and get paid retroactively,
but I want to talk about thatcoming up. Three O three seven
one three eight two five five.Go with a sure thing Denver's best roofer
Excel Roofing dot com. You don'tpay a cent until you're content. Time

(01:52:51):
for an insurance check up free,no obligation. In comparison, call Compass
Insurance paying too much your coverage atdozens of insurance companies find out now three
all three seven seven to one.Help You'll think you're his only customer when
you choose Frank durand the real estateman dot com to list your home with
Remax Alliance three all three nine twozero sixteen twenty two. Hi Tom Martinez,

(01:53:15):
your troubleshooter. I'm part of aGrossmanwellness clinic Grossmanwellness dot com. And
because of that, you can askhim if I am, and I've given
him permission to say yes I am, because I am. I pay a
few hundred bucks a month. NowI'm going to tell you like I think
the fees are around three hundred tofour or five. You can get different
levels. I have the one whereI get blood work every three months.

(01:53:36):
I get my prescriptions and I getmy supplements and I get my consultations.
The theory is not much can happenin three months that you can't fight or
battle or prevent. And I loveit. And I can text them right
now and say, hey, I'mfeeling a sore throat. What should I
do? Seriously, it's wonderful andit's a doctor in the pocket Grossmanwellness dot

(01:53:58):
Com. I'm serious, it's awonderful service. Now. Jeremy is with
Compass Insurance Group, and man,whenever we talk about insurance, we get
incredible inquiries. This thing about personalinjury that we got opened up a can
of worms. We'll probably talk aboutit again when Brian's on the show or
something. But personal injury people misunderstand. You are actually protected if someone accuses

(01:54:24):
you of libel or slander or personalinjury of that kind, and your insurance
company will defend you. But thiskind of lawsuit is becoming way more common.
People say on Facebook, I knowMary blah blah blah, I know
Johnny did this, or their kidsor this, and there you know,

(01:54:45):
it happens so much TikTok the samething. So it used to be insurance
company has never had these cases.So they extended the coverage as a matter
of normal everyday business. Now,I think, and I don't want to
open up anything with me, butI think in my case, because of
my years and the media and whatI do, I think there are special

(01:55:09):
exclusions and I have to carry specialcoverage. But right the normal person is
covered. But you're saying that's eventhat's even changing now, right it is.
So that's why you're seeing that coveragemore and more because companies, so
it could be three options. Oneis it's just still included in their liability.

(01:55:31):
So whatever your liability is, personalinjury is a part of that.
What's much more common now is it'sits own coverage. So you need to
make sure that you have personal injuryon your policy. And then you could
also see times where your liability isone amount for general liability, but your
personal injury liability limit is lower,and so you want to be aware of

(01:55:54):
that as well. Again, itused to be you never saw these claims,
so the coverage was extended like candy. But right now I want to
know this, are there any policiesthat specifically exclude social media. I'm not
aware of any that they would justexclude it by not having the personal injury

(01:56:16):
coverage and Jeremy, when does theumbrella kick in? So the good question,
So the umbrella is going to kickin as long as the underlying policy
covers it. And that's really theimportant part to that. So if you
have an umbrella but you don't havepersonal injury, then you're self ensuring.

(01:56:39):
You know, typically the first threehundred thousand or whatever your umbrella is requiring
you to have. So you needto just because you have an umbrella doesn't
mean you're you know, through thewoods. You need to make sure you
still have personal injury on your primaryhome policy for that umbrella to cover it.
So what about businesses to ask aboutkind of ask about businesses. If

(01:57:02):
you own a business and somebody onsocial media does all that crap about you
and it's not true. If abusiness goes after that person, that person
could go to their homeowners to becovered if they have the personal injury.
That's where it would potentially cover them. Any kind of liability is not as

(01:57:27):
well defined as like property damage,where it's like these type of perils.
When you get into libel and slanderwith intent, it can get a little
bit dicey. But yes, thetheory would be the same, like posting
a review or something like that.So I'm gonna ask a question for Tom's
got such expertise on this, butfor the average person listening to this,

(01:57:49):
what you're saying is if somebody disparagessomebody and then you are sued for that
or you are in trouble for that, You're insurance covers your homeowners. Your
homeowners covers you for that, coversyour defense and the damages if you have
the coverage, like right, Jeremycorrect? And what would be the reasoning

(01:58:14):
for the injury? You mean,why was it institution to begin with?
I don't know. That's a goodquestion. I can see why they would
cover somebody getting hurt on your property, or why they would cover somebody falling
down your stairs, or why theywould cover stuff like that. But it
is a good question. How didthat ever come about? Where that became
part of homeowner's insurance? It isa good question. I think the I

(01:58:38):
mean, I don't know. Originally, I think where you're seeing the personal
injury being listed separately comes from aneed. So as there is more of
a likely that you know, there'sjust more frequency of claims. It's kind
of getting it's meeting that need.Now. I don't know how long personal

(01:59:00):
injury has you know, for differentcompanies, just been a part of their
liability, right, But it's alawsuit, right, so it's like we
use typical the dog bit someone andkid fell off the trampoline, you know
whatever these liability cases on a homeare. But you know, with social
media, we're just seeing such anuptick in it. They've broken out that

(01:59:24):
cover same as sewer line, rightlike forever sewer lines weren't covered. There
is a need for it, andinsurance companies have found a way to add
that onto the policy. Jeremy,thank you so much. He's hold on
real quick. Ross. What isyour question for Jeremy, Maybe he'll answer
it right now, go ahead.A quick question in relation to yesterday's show,

(01:59:46):
having for example, three claims ina five year period and probably being
dropped. If I have a homeinsurance in one year and a car in
a second year, is that consideredtwo claims or is that is it one?
Is it, Jeremy, if they'rebundled together by the same company and
you have homeowners and car insurance withthe same company and you have that's a

(02:00:12):
good question. But you have claimson you know, the house and the
car. Are they bundled together asa high risk No, where you would
get into trouble potentially. So no, the answer. If you had two
home claims and an auto claim,they're not looking at it as three claims,
right, Okay, separate In thatregard. We're seeing more and more

(02:00:34):
companies where they will only ensure yourhome if you also have the auto.
So you could have a really baddriving record and they drop you from the
auto and then in turn, nowyou're not eligible for the home. But
the claims are separate as far asthat goes. Some companies do treat homeowners
and rental property claims all together foreligibility, so that's a whole different thing.

(02:00:58):
But when we're talking about home anauto, they are separate. All
right, Well, thank you,I mean Ross, that's a good question.
So three claims in five years?You know, Like I said that,
this whole insurance industry I think needsneeds a whole complete reorganization. The
way the way they can take paymentsand I again I'm not gonna preach,
but for thirty years they can takeyou know, payments from people and then

(02:01:23):
cancel them. You know it justseems weird, but anyway, thank you,
Jeremy. That's not what you guys. You guys simply sell the stuff
and help people. And if youwant an insurance check up, that's three
oh three nine nine six nine thousandmore coming right up, Yeah, dum

(02:01:46):
so you don't have to run in. Just as fast as we can.
Shooter's gonna help. Come. Dixis the troubleshooter shore No Tom Martinez,
Tom Martino here at three all threeseven one three talk seven one three eight
two five five. What's on yourmind? How can we help you?

(02:02:09):
Give us a call and we wouldbe happy to discuss your consumer problem,
question or complain. If you've beenin trouble and you've gotten ripped off.
If you need help with something,call us. We got all kinds of
information. This hour brought to youby frankarandrealestate man dot com for free market
valuations or analyzes of your home,if you want to know what it will

(02:02:30):
self, for what you can buy, He'll do it all free of charge,
honest to god, right down toevery market aspect your house, your
comps. And why does he doit? Because he wants to gain market
knowledge and he hopes if you everdo list, you might list with him,
although there is absolutely no obligation.Frankaranderealestate Man dot com three all three
nine two zero sixteen twenty two.Another thing, we got a few free

(02:02:54):
UH memberships we're giving away for fixat twenty four to seven. And I
call it the whatever it's called,well, I call it the it's for
service. It's a club. It'sit's something you belong to, a loyalty
club where you pay a small amountevery month. Although now we're giving away
a couple of free ones we've givenaway. Yeah, just for us,

(02:03:14):
right, just for our listeners.So if you call after the show,
it ain't going to work. Soyou call seventy zero five two six thirty
nine thirty nine, say you wantthe free What club do you call it?
What do you guys call it?I always call it the Green Bubble
Club. What do you call it? I like Green Bubble Club. It's
a green club. It's a greenclub. So you join, you get
priority pricing, priority appointments, discountson any replacements, plus four major services

(02:03:38):
a year. Like your power panel. You're going through completely your water heater,
including a flush, your hvac inthe prior to winter and your air
conditioning prior summer. Those services.Now, that's so you can get some
free ones. Now, after wegive away all the free ones, we'll
let you know about a special dealas well. But why wouldn't you get

(02:03:59):
it free for fix myhome dot Comseventy zero five two six thirty nine thirty
nine. Jeremy, I got somequestions about insurance after we had that discussion
earlier in the show. By theway, this is Jeremy, our insurance
expert at Compass Insurance Group. Sohere's the deal. We said, you
can own a car, and thereare plenty of people who are older,

(02:04:19):
they can't drive anymore, but theyown a car and they want to insure
it. And then they have designateddrivers or permissive drivers from time to time
to help them out. And somebodysaid this was very enlightening. They didn't
know that their mom has a carand they want to use it, so
they were very happy to know that. So I'm looking for my text skin

(02:04:40):
I'm sorry, okay, And thenon that note, somebody asked car insuredfully,
my brother, me and my sisterhold on okay, So they want
to know this she can no longerdrive, this is mom, And then
how many of us have to beinsured of the siblings, because do we

(02:05:01):
have to like ensure every one ofthem on the on the policy? How
does that work? Yeah, that'sa good question, and I think it's
important to know. Really people shouldtalk to the agent or the company because
there is going to be some variantsfrom company to company, so all this
pergy kind of generalized. Companies typicallyare going to want people who have any

(02:05:26):
kind of regular access or regular useto be on there. So if you
have four siblings and you know,one of them takes the parent to the
doctor's appointment every Monday and another onetakes them to a different one every Thursday,
you know, maybe those two needto be added, and then the
other two it's really kind of ayou know, once in a while thing.
Then maybe that company is going towant those two to be added.

(02:05:48):
I think the important thing is tojust communicate that because a lot of times
people don't and just kind of hopefor the best, and that's not something
you would typically right, Okay,And then in line with that, I
got another text and by the way, people I should mention this at the
beginning of the show. In additionto texting us to the iHeart texting app

(02:06:12):
which is five seven seven thirty nineand putting Tom there, you can also
text my Google number. That's wherethese are coming through seven four seven,
And I have a question, isthere a such thing that somebody wants to
know as an open policy? Canthey have an open So they don't if
they have caretakers and things. Sothose aren't as typical on personal lines as

(02:06:40):
they are typically in a commercial linespolicy. So it really more comes down
to how a company's defining their permissiveuse in their contract. So permissive use
is typically going to be something whereyour neighbor needs to borrow your truck to
go to home depot, So that'sfine. You don't need to add your

(02:07:01):
neighbor to your insurance policy to borrowyour car. Most companies, if not
all, at this point, areexcluding permissive use from any drivers in the
house. So a lot of timesit comes down to household. But as
far as a specific open policy,those aren't really something we see on personal
okay, the way you can seeon commercial Now, next question. Having

(02:07:26):
this sparked some kind of a nervehere because I guess a lot of people
have elderly folks and stuff, theyhave cars. Somebody wants to know,
if my brother lives with my momstill and he's forty, and he's not
he's a licensed driver, does shehave to have him on the policy because
he lives there. Now, thisis a good topic because we always talk

(02:07:49):
about parents when their kids become thedriving age and have licenses, their insurance
changes because you have to tell yourinsurance company, right correct. Okay,
so does that work for an adultchild like this guy that's forty years old
living with his mom. This isreally I know I say this all the

(02:08:11):
time, but this really is companyspecific. So with even our companies,
most of ours at this point wouldrequire that. So he's forty, he
has his own insurance, if helives in mom's house or whoever it could
be, you know, his brothers, anyone's that company is going to want
him to be listed or excluded asa driver. Now. I definitely have

(02:08:33):
some companies that don't that will say, hey, he's got his own car,
he his own insurance. That's fine. We may have him listed on
there, but they're not rating himfor it. So this one really is
company specific. And if you're withand I see this all the time even
with my clients where they'll call upand let's say they're with a company that

(02:08:54):
does require that, and the rategoes up a bunch, and it's like,
why are they paying because they livetogether and now they have to pay
more money. This guy's yeah,he's living in the house, but he
has his own car. We willmove them to a company that maybe doesn't
require that. So that's a bigone where if you're in that situation,

(02:09:16):
verify how your company's going to handlethat or require that to be and if
it doesn't line up for you,that's a great time to look elsewhere to
go to a company that's not goingto have that requirement. All right.
Now, along the same vein,let me go to the next one.
Will my insurance cover me if I'mdriving Mom's car and she doesn't have medpay
but I do. Your MED paycan potentially extend if if the driver's policy

(02:09:46):
doesn't have it. That's a toughone because the MED pay is really more
in the vehicle. We've seen thatpay on someone's insurance pay out like as
a descreen. So it's not somethingI'd go as far as to say yes,
it would, but it would bea potential to look to see if
there's coverage. Okay, now onride shares, this is my question.

(02:10:11):
This is not a text. Iknow we have coverages that extend to our
rental cars if we have a goodenough policy, So when we go on
vacation and rent a car, whateverwe have on our personal car can extend
to a rental car. Right,Okay, does any coverage extend to ride
share? Let's say I have away cool? Well, I mean I

(02:10:37):
don't know. Let's see if evenunder insured or uninsured, and let's say
ride share or whoever hit ride shareor any of them aren't adequate for my
needs. Can I go to myown policy for under insured, uninsured or
medpay? Yeah, you could,I don't know. The medpay would be

(02:11:01):
a lot more likely where you cansee coverage from that. The uninsured motorists,
it could act as a backup,a secondary if there wasn't enough coverage
or potentially not no coverage. Butthere's so many factors that go into that

(02:11:22):
that it's not something where I'd sayabsolutely, but I do think you it
would be somewhere to look to getcoverage in that situation. Okay. And
on homeowner's insurance, when when whenthe homeowner is insured for personal injury,
what does that mean? So personalinjury on homeowner's insurance is actually libel and

(02:11:48):
slander. So yeah, that's whatpeople. That's what this one person is
confused about because they they happened tonotice that, so they wanted to know
what is and like you getting hurt, it's not okay, So explain when
you would use that coverage from yourhomeowners. Let's say you go on Facebook

(02:12:11):
and say something about someone and theysue you for it, or your kids
do or something like that. It'sbecome a lot more prevalent with social media
to the point where we're seeing alot of companies, so that's a liability
coverage, just like if your dogbites someone or whatever the case may be.
But with social media being so prevalentnow and this claim being so prevalent,

(02:12:33):
a lot of companies have separated thatliability from the general liability coverage that
comes on there. And the reasonthey'll do that is either they're not going
to cover it, they're going tocover it for a lower limits. I'll
see a lot of deck pages thatpeople send in or they might have five
hundred thousand in liability, but thenthe personal injury might be twenty five thousand

(02:12:56):
or fifty thousand. So it's theinsurance company saying, hey, this is
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getting included in the general liability.Let's explain that specifically. Let's explain that
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out. And I want to ifyou hang on, because this is really

(02:13:18):
important. This is something, likeyou said, is happening more now than
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realized he could have been paid byhis homeowners. He wants to know can

(02:13:41):
he go back and get paid retroactively? But I want to talk about that
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Eight three three co plans eight threethree co plans. Okay, so we
have some questions here. Gally hasa question or has a problem with Renewal
by Anderson. Gally, what's goingon? Gali? Sure hear me?

(02:16:03):
Yeah, what's happening? Gally?Oh? Hi, good afternoon. How
are you. I'm doing good?What's going on? Oh gosh? Thank
you for taking the time to talkto me. I we purchased windows from
Renewal Anderson back in twenty nineteen.Okay, now usually again again, I

(02:16:24):
don't have any special connection to them, but they're a pretty good brand name.
I wouldn't recommend them, Tom,but really tell me what's going on.
Yeah, so you know, wehave a nineteen sixties home. We
had the original windows. So intwenty twenty one we came home and our
big window had about thirty flies onthe window. Now, wait a minute,

(02:16:48):
you bought these in twenty nineteen.Mm hmm okay, and then when
you came home and then you saidyou had a bunch of flies on your
window. Yep, okay. Icalled renewal and I said, there's flies
getting in through our main window.They came out fixed. The issue.

(02:17:11):
Now where was when? When?When you say fake, where were the
flies getting in? I'm curious,that's a great question. He just said
he puts something that was missing intoI don't I honestly don't know the trim
somewhere. He said, they're gettingin through there. So this is around
where they put the Was this afixed window or was this an open window

(02:17:33):
that opens and closes, opens andit's a sliding okay, and so around
the frame probably, uh, therewere they were seeping in through there.
Yep. So that got resolved thenext year, same around the same time.
It's always around, you know,summer. Now we've had ants coming

(02:17:54):
in through that same main big window. We've I've had about six service calls
for them to come. Now,is it always this one window where this
is happening? Yes, yep.I have tons of pictures right now,
there's a felt. Okay, howmany windows did you have replaced with renewed?

(02:18:20):
I had, let's see one fourand this is the only one giving
you trouble. Yes, okay,now you had them. They came out
and sealed around the window once,and then you had ants after that mm

(02:18:45):
hmm. Every year since then andeach time they get But what I want
to know is this, is thissomething they did wrong? Well, that's
what I'm trying to tell them isthere's obviously something wrong withinstallation or just with
the window itself that's allowing these antsto come in. They're not only coming
into the window, but they're cominginto my home. I woke up.

(02:19:09):
We don't have a big house,so they're going into our kitchen, our
bathroom from this window, and evenin my bed. I wake up with
one crawling in my ear three weeksago. Are they only getting in there
through that window? Yeah? Yes, scaly. Did you have an exterminator

(02:19:30):
come out? Yes, they've comeout. We've had the extreme. Well
what does an exterminator say. They'reusually pretty good at seeing what's going on.
What does the exterminator say, Well, the exterminator. Well, part
of what Renewal is telling me isthat in twenty nineteen when they replaced this

(02:19:50):
window, they quote unquote disrupted theants that were in the wall. But
that wouldn't be there, that wouldn'tbe their fault though that that wouldn't really
See. What I'm getting at isthis, if your house had that problem
and they if they simply installed thewindow, and they did it properly in
a way, in a way,they're not really responsible for that unless they

(02:20:13):
did something to contribute to it.So what do you think they did wrong?
If we had to pin it up? There's never been ants that I've
lived at this hometown for eleven years. I've never had ants come through that
window with the original No, Iknow what you're saying, What the hell
could they have done? Though?That's what I don't understand. Do they

(02:20:35):
give you any idea of what's goingon. No, they're blaming it on
that I have house plans. They'reblaming it on everything, but the window.
I had an exterminator come out Tuesdayafternoon and she saw the ants coming
through the screen. There's through thewhat they're not the screen? But where

(02:20:56):
okay? But but where are theyOkay, it has to be around the
frame they're getting in. Is itcalked around there? I mean, do
you actually see where they're coming in? Yes, My mom's husband is in
roofing and he was just over therebecause again we have twenty okay, so
what does what does your mom's husbandsay? So he saw the hole where

(02:21:20):
in the screen, and then hesaid there's something about with the trim or
the panel that's loose, and he'sseeing them go under there and go in
to the window. So I meanfrom outside on the wall they go through
and get in, right. Theexterminator said, it's nothing that there's not
ants in the wall. They arecoming from outside. She okay, okay,

(02:21:45):
Well an exterminator would know that.So the ants are crawling inside from
the outside through because it's not sealedproperly mm hmm. And there's malfunction like
the window and the screen itself.There's there's an opening there and each technician
has missed it obviously because they're stillcoming in through the window. Well,

(02:22:07):
this is so odd, Gailic.This is really odd. Tom. If
the exterminator was able to identify wherethey're coming in from, then the she
can she should be able to pointout to the technician where the where the
defect is. Have you done that, Gailey? They don't call me back.
That's why I'm trying to get ahold of somebody. Mercy of them.

(02:22:28):
They don't call you can have somebody. We can have somebody help you
out. Thank you. I mean, we're we'll call over there. They're
not a bad company. And andagain, it's not a defective window.
It's an installation. And again Idon't want people thinking I have any special
allegiance or any kind of I don'tknow these people, but I know that
it's a pretty damn good window,and usually I don't. I just think

(02:22:54):
it might be some kind of installation. Who did the installation for you?
What company? Renewal? It wasactually called Renewal renewed by Anderson. Okay,
who can we get Kaschina. Let'sgive this to somebody, but let
me know who, because I don'twant to load up anyone more than we

(02:23:15):
can probably give this a dollar.Yeah, I think so. I mean,
the the bottom line is, let'sjust see what the heck's going on.
We may have to have our peopleat K and H go over and
look at the installation or something,because listen, it can't be unsolvable.
For goodness sakes, now, listen, I mentioned I mentioned that fix it

(02:23:37):
had free memberships. We're done withthe free memberships now. However, till
the end of the day, wewill have a special on memberships that gives
you four services a year. That'sthe HVAC, the AC they furnace,
the AC, the electrical panel,and the water heater every year for services,
plus priority appointments and prior preaty pricingand discounts on replacements. How much

(02:24:01):
a month? If they call,they got to mention Martino, I have
to say, Martinez before the endof the day. What are we calling
the end of the day? Fivefour think five o'clock three time? How
much will will they get us atfourteen ninety five? It's normally twenty nine
nine, Okay, fourteen ninety fivea month is screaming deal. Yes,
and you, of course you're notobligated for any long term agreements. So

(02:24:22):
it's fourteen ninety five a month.That's pretty damn good. And that's fixed
myihome dot com seven two zero fivetwo six thirty nine thirty nine go with
a sure thing Denver's best roofer ExcelRoofing dot com. You don't pay a
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In comparison, call Compass Insurance payingtoo much your coverage at dozens of

(02:24:46):
insurance companies find out now three allthree seven to seven to one. Help.
You'll think you're his only customer whenyou choose Frank durand the real estate
Man dot com to list your homewith Remax Alliance three all three nine two
zero sixteen twenty two. Shooter,Katie, what's going on with Little Tin
Auto? Hi? Katie, what'sgoing on? Hi? What's happening in

(02:25:13):
here? One second? Yeah,So there was a gentleman that reached out
to me on next door. Well, actually I reached out to him on
next door. It was a guynamed Chris who you spoke with. And
I believe you guys were live withLittle Tinado. I don't know, I

(02:25:35):
don't remember it right now, butgo ahead, go ahead, okay,
okay. So one of my stepsonswe ended up for graduation, getting him
a rebuilt engine, and we decidedto do the work with Little Tin Auto.
Now, when you say decided todo the work. What was that

(02:25:56):
for the installation? Yes? Sorry, let me rephrase. Sorry. I
did a little nervous because I'm oneno, no, go ahead and I'm
sorry. So no, it's okay. So my stepsn's truck had some issues.
So my husband and I decided,Hey, let's go ahead and research

(02:26:16):
either a new engine or an enginerebuild. So we reached out to Littleton
Auto Repair in Littleton and worked witha guy named Dave Garlic and got a
quote. It was around thirteen thousandor something like that. Now was that
for the So they were going tosource the engine, plus they were going

(02:26:39):
to install it. Okay, holdon, hey, Kachina, do me
a favor. This is perfect.We can start her out on card day
because we had the experts in andwe can ferret through this and give her
a lot of time. Let's dothat. Don't forget till the end of
the day. Fourteen ninety five.For your membership, fixmihome dot com fix
at twenty four to seven and saveall your problems for me.