Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Yelled, so you don't have Just as fast as we can.
Speaker 2 (00:16):
Shooter's gonna help come.
Speaker 3 (00:19):
Dix is the Troubleshooter Show.
Speaker 4 (00:22):
No, Tom Martine, Hey Tom Martino here, welcome to the show.
By the way, for those streaming, I'm just testing out
this lighting. If it's too dark, let me know. I
know my YouTube morons never hesitated.
Speaker 3 (00:37):
You look good, Tom. Do you like this this coloring
instead of the bright I like it. It brings out
your eyes. Oh, thank you. Mark.
Speaker 4 (00:45):
You know Mark is always complimenting my eyes. It's a
little inappropriate sometimes, but I like it anyway. Brad O'Brien's
with me. In the white shot, you'll see Brad wave. Okay, Hey,
Brad is with O'Brien Legal Services.
Speaker 3 (01:00):
Estate Law.
Speaker 4 (01:00):
We got some updates on real estate law, real quick, Brad.
Speaker 5 (01:05):
Yeah, a week from today the contract forms for real
estate transactions residential change in and actually commercial change in Colorado,
so that the commissions are going to be negotiated up
front now and not hidden from the buyer.
Speaker 4 (01:17):
Now, let's explain that here to four. Let's say you're
selling a house. You would have a listing agreement, and
your listing agreement would list the house and what in
the real estate broker put on their commission.
Speaker 5 (01:31):
Yes, when the seller hires a listing broker, they negotiate
something like five or six.
Speaker 4 (01:36):
Okay, So let's just say there's a six percent commission
on there, and that would be negotiated upfront, and that's
what's going to stay the.
Speaker 5 (01:44):
Same, right, Well, that's between the seller and the seller's
listing agents, right, So.
Speaker 4 (01:48):
That's going to stay the same. They're still going to
negotiate upfront of commission.
Speaker 6 (01:52):
It would be combined.
Speaker 5 (01:53):
Previously, the six percent was a buyer side and a
seller sign right, So.
Speaker 4 (01:57):
Of that six percent it was up to the broker
toy that up.
Speaker 5 (02:01):
Right, Normally it'd be fifty fifties. But now it's going
to be split, so that the buyer commission and the
seller commission the agent's commission.
Speaker 4 (02:07):
So when I when I hire Frank durand the real
estate man dot Com.
Speaker 3 (02:11):
I love Frank, so I give him a pluck.
Speaker 4 (02:13):
When I hire him to sell my house, he'll he's
only going to put his commission on there, right, he
won't list a bigger commission thinking I'm going to pay
a co op to someone, right, Okay, So he'll list
his commission. So let's say his commission is two point
five or three percent whatever, it's on the contract. So
as a seller, that's all I have to pay so far,
(02:37):
that's right. Now I want to hire now a buying broker.
Speaker 3 (02:42):
Let's just say I go to Frank Durand in real
estate Man's or whatever. I'm just giving an example.
Speaker 4 (02:47):
So now the buying broker says, we'll go out and
find you a place and we'll help you, and we're
going to charge two percent. So that's put on the
buyer's contract with the with his real state person.
Speaker 3 (03:01):
Right. Okay, So now I find a house.
Speaker 4 (03:05):
And in this house, I found the guy selling the
house signed with his guy or his woman. He signed
with his broker a three percent deal, and I'm the
buyer and I signed a.
Speaker 3 (03:20):
Two point five percent deal.
Speaker 4 (03:22):
So without any further negotiation, I pay the two point
five and the seller pays the three percent if it
was negotiated up front. Right, But as part of my offer,
I could say that the seller or I could ask
the seller to pay that two.
Speaker 3 (03:40):
Point five right, but it's not automatic.
Speaker 5 (03:43):
Right now, the buyer the agent, excuse me, the commission
going to the buyer's agent, will be in the purchase offer,
the actual contract between buyer and seller.
Speaker 4 (03:52):
And so when I offer money to buy that house,
it's already figured in that amount that my the my seller,
my buyer's commission is figured in that amount.
Speaker 6 (04:06):
Right in the buyer's offer.
Speaker 3 (04:07):
It's going to have uh that I have to pay
this vision.
Speaker 5 (04:10):
They're saying, seller, uh, please pay the buyer my agent,
the buyer's agent.
Speaker 3 (04:14):
Now what if the seller says, I'm not going to pay.
Speaker 6 (04:16):
That it's negotiable, then can they negotiate it?
Speaker 4 (04:19):
Okay, So there's no automatic commission and there's no automatic split.
Speaker 3 (04:24):
Right, everything's negotiable.
Speaker 6 (04:26):
That's right up front, right.
Speaker 4 (04:28):
So now the buyer, So, so it's going to be
very simple. You're no longer going to see a big
commission of your selling up there, or you could, but
most likely you're going to see a reduced commission. But remember,
the buyer may come to you and ask you to
pay their their person's commission or not. You don't have to.
(04:50):
Well you never really had to, but it was kind
of hidden. So that's the whole change.
Speaker 3 (04:55):
Here, right.
Speaker 5 (04:56):
The buyer's broker got paid out of the seller broker commission.
Speaker 3 (04:59):
It did no matter what was six percent, then the.
Speaker 5 (05:02):
Seller's brokers split that with the buyer's broker that behind
the scenes after closing.
Speaker 4 (05:06):
Okay, but no more behind the scenes. Everything negotiated up front.
Commissions are spelled out so it behooves you when you're
going out to buy or if you're listening to sell,
that you negotiate a reasonable commission, so there's not a
lot of arguing. You're haggling when you find a house.
It is possible. Let's just say you want to be generous, okay,
(05:28):
and I can see this happening. Someone says, Oh, this
buyer broker says, I can find you the best houses.
And so I'm looking for a house to buy and
I tell my buying broker, hey, you know what, I
believe in you. I'll pay you four percent. But that
might be difficult for me to get the seller to pay.
(05:50):
If I said, even though I want to pay my
buying broker four percent, the seller may not want to
pay that, so I may end up paying part of
that out of my own pocket.
Speaker 3 (06:00):
Right. Yeah.
Speaker 5 (06:00):
The new language in the contract basically says if the
buyer promised a greater percentage, but the buyer's broker didn't
get that full percentage. Whatever they do receive from the
seller is a set off to the amount that.
Speaker 3 (06:14):
They so remember that.
Speaker 4 (06:16):
So even though you think you're being generous to your
buying broker because you think.
Speaker 3 (06:21):
The seller is going to pay it, it's not automatic.
Speaker 4 (06:24):
So if you negotiate a four percent or a five
percent crazy commission for your buying broker and you find
a house, that seller may say, we're not paying your
guy four or five percent. The same way, when you're selling,
if you want to really reward your your selling broker,
you don't put a four or five or six percent
(06:45):
in there. If you if you have to, then on
top of that pay the buying broker. You don't want
this to backfire on you, so you want to have
reasonable commissions on each side. So there's not a lot,
you know, and in my opinion, and you know, it's
good that this law is happening. So you see where
the commissions are going and what you're obligated to pay.
(07:07):
But at the same time, it couldn't you're obligating yourself
to pay more than you would have to. Now, Gary,
let's talk about front Frontier Airlines, which, by the way,
in my opinion based on all my complaints. Frontier's the
worst airline by far, amen.
Speaker 3 (07:26):
The absolute worst airline.
Speaker 4 (07:28):
In fact, I don't even know how they stay in business. Now,
what's going on?
Speaker 3 (07:36):
Gary?
Speaker 1 (07:37):
So?
Speaker 7 (07:38):
On May nineteenth, I let my daughters buy a flight
for their graduation president and they were supposed to buy
their insurance, and well they didn't buy insurance. Well they
didn't do it. So we tried to go back online
through the chat and they said do this and do that,
and then we got the chat line was down, our
website was down a million different things. So I went
(07:58):
ahead and disputed itditr.
Speaker 3 (08:00):
No wait wait, wait, hold on though, hold on when
your daughters bought the tickets?
Speaker 4 (08:06):
When did they buy them?
Speaker 7 (08:08):
May nineteen?
Speaker 3 (08:10):
Okay? What when were they going to leave? That?
Speaker 7 (08:16):
I do not remember, I do, But.
Speaker 4 (08:18):
You felt so strongly about the insurance that you didn't
want them to have it if they couldn't buy insurance.
Speaker 7 (08:30):
I was wanting them to have the insurance because I
don't trust front airlines.
Speaker 4 (08:34):
Okay, So you wanted and do you understand insurance doesn't
cover you for the airline as much as it does
for yourself The airline usually the way it works of
the airline cancels, the airline has to make up for it.
Speaker 3 (08:50):
Maybe it's changed.
Speaker 4 (08:52):
Are you telling me that the insurance you're aware of
if Frontier canceled the flight and postponed it or made
it for another day, your insurance would still pay even
though Frontier you know, Is that the way you understood
the insurance to work.
Speaker 7 (09:08):
Well, I think I understood that they had like different
tiers of tickets you could buy, and one of them
was like guarantee to your money back. And I think
my daughters got confused at that and they thought there
was just some kind of insurance.
Speaker 3 (09:20):
But why is this Frontiers issue? Is what?
Speaker 4 (09:22):
Im That's what That's what I'm trying to figure out.
Why is it Frontiers issue? Well, if your daughters did
not buy the insurance, hold on when you go to
buy the tickets first, I need to understand this. When
you go to buy the tickets, do they offer you.
Speaker 3 (09:37):
Insurance right there?
Speaker 4 (09:40):
Yes, you have to okay, yes, okay, got it, And
your daughters didn't purchase it. You went back and said,
can we purchase it now? And apparently you couldn't, So
then you went and wanted to dispute the whole thing,
got it?
Speaker 3 (09:54):
So what happened then?
Speaker 7 (09:56):
Well, actually I was told you can add an insurance
through the button, but you can't figure it out on
their website. The website is not friendly enough for me
or my daughters.
Speaker 3 (10:04):
Okay, here, all right, So what happened?
Speaker 8 (10:06):
Then?
Speaker 3 (10:06):
You you canceled my.
Speaker 7 (10:08):
Credit card, gave me the money back, and then Frontier
rebuild it.
Speaker 4 (10:13):
Okay, Now you understand credit cards, and I want to
say this for everyone who has.
Speaker 3 (10:17):
A credit card.
Speaker 4 (10:19):
Credit cards do not serve as an arbiter as to
who is right and who is wrong in a charge transaction. Now,
all they do is figure out if they want to
bill you for it or not. It doesn't negate the bill,
(10:40):
it negates the credit card charge. Hold on, We're going
to come back to you, Gary. See we can help
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Speaker 3 (11:37):
Hi Tom wants you know here?
Speaker 4 (11:39):
So Gary, his daughter bought tickets, They didn't buy insurance.
Speaker 3 (11:44):
He disputed it.
Speaker 4 (11:45):
There was no reason that front Well, Frontier didn't really
do anything wrong, but he just wanted his money back
and they were non refundable.
Speaker 3 (11:54):
I take it.
Speaker 7 (11:55):
So therefore, Actually the bigger problem is I did get
a hold of a on with their They do offer
a twenty four hour callback now, and so I'm seven
twenty to twenty four. I got a callback from Frontier
from a guy named Ron with an employee number, and
he said I would get a refund back on my card,
So I'm okay.
Speaker 4 (12:12):
So why did he say you I'm curious. I'm not
disputing it. Why did he say you would get a
refund on a non refundable transaction?
Speaker 7 (12:22):
I have no idea, I asked him. I go, are
is it going to go back to my frequent Flyers,
to my frequent my daughter's frequent flyers. He goes, no,
it will be back on your card. So I trusted him.
I got his employee number last night through the chat line.
I would you know it would give you like an
option for sure call back in twenty four hours. Well,
even when you push that, they automatically push it to
a chat line. They no longer offer the twenty four
(12:44):
hours unless you're an elite member. It's basically the lack
of customer service and how to do anything.
Speaker 4 (12:50):
But where does this stand? He said, you're going to
You're going to get a refund, he told you.
Speaker 7 (12:55):
But last night when I talked to them trying to
figure it out, they're still saying no, you should have
it by now. And I'm like, well, I don't have it,
and they say call my bank. My bank says, called Frontier, But.
Speaker 3 (13:04):
Did they say credit card? Here? Look at man, You're
all over the place.
Speaker 4 (13:09):
So I need to ask it you said first first
that you got a credit from your credit card company.
They took it off, then Frontier put it back on.
Then you called Frontier and the guy said you'll get
a credit, right that. And so you haven't gotten that
credit yet, right from Frontier?
Speaker 3 (13:29):
Right? And when did that guy promise you a credit?
Speaker 7 (13:35):
It was on July twentieth.
Speaker 4 (13:37):
Oh, okay, so it was a while ago. So about
twelve days ago.
Speaker 9 (13:42):
Whatever he heeds to do the dispute on the credit card.
Speaker 7 (13:49):
Oh, actually I don't have that handy bank.
Speaker 3 (13:52):
Well, I'm wonderful Mark.
Speaker 4 (13:53):
They purchased the tickets May nineteenth, so it was probably
a few days after that.
Speaker 9 (13:58):
Then they dispute it, they get the credit, and then
he requests a refund.
Speaker 3 (14:03):
When they look at it, they already disputed it. Yeah,
but they rebuild it.
Speaker 9 (14:08):
Well, they might have rebuilt it later on, but I'm
saying when they looked at.
Speaker 3 (14:12):
It, yeah, I mean, I'm not looking. Here's all I
want to know.
Speaker 4 (14:17):
I think Gary is saying, even though they rebuild it,
and even though they were non refundable tickets, somebody at
Frontier promised him a refund.
Speaker 9 (14:28):
Well, I don't think he's got a leg to stand
on no offense, Gary, But you're going to have to
sue and bring him the small claims court. But I
don't know how you would possibly.
Speaker 3 (14:37):
I don't think less. We simply don't want to show up.
Speaker 9 (14:41):
What do you mean, Mark, I mean he bought a
ticket that is non refundable. I don't know who would
have told him in India or Malaysia or were Jamaica
wherever these people work, that they were going to refund it.
I don't know who he would even point to.
Speaker 3 (14:57):
And did you record that call by any chance? Gary?
Or do you just have his number?
Speaker 7 (15:02):
Well they say they record the calls right, Well, my
credit card company says they can't access the recordings anyway.
And I'm like, that's why I wrote down his employee
number the time he called me and everything, because well
that's up to Frontier to do well Frontier won't. They're like,
they say they have no access and now I talked,
they don't offer customer service the resolution specialists.
Speaker 3 (15:20):
Look, man, we all know they sucked. Gary.
Speaker 4 (15:22):
May I ask you a question, Gary, Gary, I want
to ask a straight up question without giving you a
difficult time, A straight up question. Your daughters bought non
refundable tickets. And why do you feel Frontiers should give
your money back.
Speaker 7 (15:40):
Because we tried to go in and find out how
to do it on the website before their fight.
Speaker 9 (15:46):
And look, lord, I have bought no less than one
hundred tickets on there.
Speaker 3 (15:50):
It is very simple. I know you don't want to
hear that.
Speaker 9 (15:53):
You basically choose and they try to sell you and
you actually acknowledge by checking a box you're not buying it.
Speaker 7 (16:02):
At the time, I would agree, but after the facts
you go in there and your.
Speaker 4 (16:06):
What he said was there was no opportunity. Gary, what
you're saying there was no opportunity to add insurance. That's
not true, but that okay. So Mark, you're saying you
can go back and add insurance.
Speaker 9 (16:19):
And what Gary is saying when he went back he
did notice it, but when he was doing it the
first time, he didn't acknowledge it.
Speaker 3 (16:27):
He did his thing about it. His daughters didn't. Yeah,
so what Frontier does.
Speaker 9 (16:32):
Listen, Frontiers in the business of selling you everything. So
once you buy your basic five dollars ticket or whatever
it is, then they try to sell your baggage. Then
they try to sell you where you want to sit
to pick out. Then they want to sell you the
insurance in case of you cancel.
Speaker 3 (16:49):
Right now, he's Gary Lee.
Speaker 9 (16:51):
If you don't buy the insurance, they make you check
a box that says I understand that this is non refundable.
Speaker 3 (17:00):
Blah blah blah blah blah. But Gary is saying.
Speaker 4 (17:03):
Gary is saying he agrees with all that his daughter's
made a mistake. Okay, he believes that because it wasn't
easy for him to add insurance.
Speaker 9 (17:14):
He believes that was a reason for a refund. Well, okay,
what do you want me to say about that?
Speaker 3 (17:20):
Okay?
Speaker 7 (17:21):
Well, well I was told and it was recorded by Frontier,
And how do I get them to go back and
check the recording saying hey, this.
Speaker 3 (17:27):
You would have to do.
Speaker 4 (17:28):
Okay, to that level of court, you would have to
sue them in county court.
Speaker 9 (17:33):
And I doubt they I doubt they keep recordings going
back four or five months.
Speaker 3 (17:37):
They wouldn't be in their best interest. I don't know
they do or not.
Speaker 4 (17:40):
Mark, but he could do a subpoena, he could do
a discovery on that. But Gary, you're gonna you're gonna
negate all the benefit of the the refund.
Speaker 3 (17:50):
And I would assume there's an arbitration.
Speaker 7 (17:53):
It's just horrible the way they treat people. They have
no customer service.
Speaker 3 (17:55):
But no, I now, by the way, I agree with
you on that. I agree with you.
Speaker 9 (18:00):
I want to remind everybody listening. This is the same
company that the first time I sued them was because
they told me my bag had to be vertical to
fit into their box. It fit perfect, but it wouldn't
fit vertical. It was so yeah, they no, they came
before you get about it.
Speaker 3 (18:18):
But yes, So here's.
Speaker 4 (18:20):
Gary, if you go to small claims court, there is
a distinct possibility that they will call you and negotiate
a settlement.
Speaker 3 (18:29):
But just but if they don't, you're going to lose.
Speaker 4 (18:34):
You have no proof that they said anything except your word.
They're not obligated to show you a tape to let
you hear a tape that you feel like you're in
the right, and they have to prove they're in the right.
Speaker 3 (18:46):
They don't. You're in the wrong.
Speaker 4 (18:48):
Right now, you're trying to get a refund on a
non refundable purchase.
Speaker 3 (18:52):
You've got no leg, man, no leg.
Speaker 4 (18:53):
That's that's true. Gary, We're just being straight. I'll give
you a true idea we have a hotel.
Speaker 9 (19:00):
Well when they recorded it's their property, India told you,
and it's their property.
Speaker 3 (19:07):
My god, if I had a.
Speaker 9 (19:08):
Rogue employee back when I had my good years and
they promised you eight million dollars, you wouldn't get.
Speaker 4 (19:14):
It right Right now, Gary, I feel bad about it,
but it's done. Three oh three seven one three talks
That call made me angry A two five five, Nah, No.
Speaker 3 (19:27):
It's it's not towards Gary.
Speaker 9 (19:29):
I know how frustrating it is to deal with Frontier,
probably beyond everybody, but I will say this, once you
learn their insanity, their system, and you basically know how
to get around it. And what I mean by that
is you know, fly by the seat of your pants
dealing with them and just do it and then threaten them.
I mean it actually works at some point.
Speaker 4 (19:51):
Here's here's I'm gonna have people have multiple choices on
this show.
Speaker 3 (19:56):
Okay, A, B and C. A.
Speaker 4 (19:59):
It's my my responsibility, my fault. B. It's the democrats problem. See,
it's the Republican's problem. So we're gonna have everyone happy.
You just get to check whichever box you want. Three
all three seven one three A two five five Denver
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Speaker 3 (20:58):
Help.
Speaker 4 (20:58):
You'll think you're his only when you choose Frank durand
the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen
twenty two.
Speaker 3 (21:14):
All right, so.
Speaker 4 (21:16):
I turned the lights back on for our streaming audience.
So now compare with the earlier part. Let me know
what you think you'll notice the lights come on and
now you can see Brad O'Brien a little better, which
I'm not sure is a good thing. By the way,
Brad Brad is with Olslaw dot com.
Speaker 3 (21:31):
He does real estate law.
Speaker 4 (21:32):
He talked about the changing contracts coming next week for
the commissions now will be broken out. And so when
on your selling contract, it just tells you what you're
paying your selling commission what it is, and there's no
split delineated there.
Speaker 3 (21:48):
It's just what you're paying to sell.
Speaker 4 (21:50):
Then on your buyer's contract, you'll put down what you're
paying to set to pay your buyer's contract. You know,
you're a broker, and then it's up to you to
negotiate if the seller is going to pay that or not.
Speaker 3 (22:04):
And of course sellers don't have to pay that.
Speaker 4 (22:07):
Okay, So let's talk about further on this, not just
on commissions, any other changes Brad in the real estate contract.
Speaker 5 (22:17):
Those are the big ones because that was the result
of this settlement at the national level between the real
estate brokerage agency.
Speaker 3 (22:25):
Was there a lawsuit or was there a regulatory.
Speaker 6 (22:27):
I think the Justice Department sued.
Speaker 5 (22:30):
Well, I think there were private lawsuits, but then the
Justice Department got involved and there's a tentative settlement that
hasn't been approved by a judge yet. But Colorado, the
Real Estate Commission went ahead and updated their forms because
the writing is on the wall.
Speaker 3 (22:41):
Okay, do you think it's going to happen? All over.
Speaker 5 (22:44):
I think it will have to once the settlement has
approven amnation wide effect.
Speaker 4 (22:47):
Do you remember when they used to tell you that
real estate commissions, well this is standard.
Speaker 3 (22:52):
There's no such thing, is there.
Speaker 5 (22:54):
It never has been, I know, I know, they just
hold the line, you know, I know brokers.
Speaker 3 (22:58):
Yeah, and that's yeah, that's weird.
Speaker 4 (23:00):
So in any case, there's what about a transaction broker?
Speaker 3 (23:08):
That is, someone someone wants to buy or sell.
Speaker 4 (23:11):
Someone wants to buy or sell, they get a transaction broker.
Speaker 3 (23:14):
Are there still transaction brokers?
Speaker 5 (23:16):
Yes, that's just a broker who who does the paperwork
for both sides, and then they have a reduced loyalty
to They're not really loyal to either side, Like a
buyer's broker is loyal to the buyer and the seller's
broker is loyal to the seller.
Speaker 4 (23:29):
Can can a lawyer function? Is that just basically neutral transaction?
Speaker 5 (23:34):
Yeah, it's not necessary to have a real estate broker
in any transaction. An attorney can can handle transaction for
either side. Now I personally represent clients on both sides
of the deal. It's a conflict of interest, except if
it was like a transaction within a family. Yeah, And
then and I have everybody wave the conflict of interest.
Speaker 4 (23:55):
Okay, got it, and that's olslaw dot com. Let's go
to the phones and okay, we have a first sale
by owner question from JR. Oh I'm sorry, Henry, I
gotta take Henry first. Sue's let's bring up Henry. Okay,
So Henry, what's going on? Then I'll talk to j
about for sale by owner and then purchasing used cars.
Speaker 3 (24:15):
Sam, Henry, what's going on?
Speaker 10 (24:17):
Yeah, good morning, Tom, hey Man, just just a halacious
experience with what happened. Oh Man, I purchased twenty twenty
f one fifty XL team.
Speaker 3 (24:28):
Man.
Speaker 10 (24:29):
I mean it looked, it looked nice. You know, I'm
a small business owner.
Speaker 3 (24:32):
You know, five kids, Well, f one fifty are nice trucks.
Twenty twenty is a good year. You bought it from Omara.
Speaker 10 (24:41):
Yes, off of one hundred and fourth there.
Speaker 3 (24:43):
How many miles were on it?
Speaker 10 (24:46):
So I think there was like fifty one thousand originally
and it was one owner before.
Speaker 4 (24:50):
Okay, So what's the problem.
Speaker 10 (24:53):
So the problem is, man, just in the two years
that I've had it, it's already had major replacements done
just recently. I mean I've had concerns when I first
initially bought it and brought it back in and okay,
tell me what.
Speaker 4 (25:09):
What and I'm gonna I'm gonna be straight. We got
a twenty twenty two years ago. It was hardly used.
I don't know if I would have had it checked
out either.
Speaker 3 (25:18):
It was still under.
Speaker 10 (25:18):
Warranty, right, Uh, it was still under warranty. But at
that time the silsmate was so adamant about me purchasing
the extended coverage.
Speaker 4 (25:27):
Well I did, And okay, so are these things that
are these things being covered by either the regular warranty
or the extended warranty?
Speaker 10 (25:38):
Oh, it was only covered by the extended warranty at
the time.
Speaker 3 (25:41):
Okay, tell me after you bought it.
Speaker 4 (25:44):
After you bought it, tell me what happened The first
big problem you had.
Speaker 10 (25:48):
One of the first big thing is like after a
month of havn't I noticed it was rough shifting? And
I mean I had read a little bit some people
articles read it and stuff saying hey, Manfred's known for that.
This is said, Well for me, man.
Speaker 4 (26:03):
Well what did you what did it come out? What
did that turn out to be? The rough shifting?
Speaker 10 (26:09):
They they have said that my transmission need to be reprogrammed,
and they recommit that sex in mission. Uh it temporarily
and then what sure? It got worse. It got worse
and then got into the shop on what was it?
Speaker 1 (26:28):
So?
Speaker 4 (26:29):
Okay, so they hold on, they reprogrammed it. It worked
a little, but the problem came back right then?
Speaker 3 (26:34):
What correct?
Speaker 10 (26:36):
So April twenty fourth finally, after half of them get
the truck back in, they said, uh, needs a diagnostic.
Speaker 3 (26:44):
And are you talking about April of this year now?
Speaker 10 (26:48):
Yes, April this year.
Speaker 4 (26:50):
So after they reprogrammed it back, when did they reprogram it?
That was back in twenty twenty and excuse me, I'm sorry,
back in twenty twenty three.
Speaker 10 (27:01):
Twenty twenty two. I bought it in twenty two.
Speaker 4 (27:06):
Okay, So when they reprogrammed it, it worked up until
April of this year.
Speaker 3 (27:11):
Yes, okay, So what happened in April of this year?
Tell me? Tell me what happened in April this year?
Speaker 10 (27:18):
April this year, I finally got it in after taglingham
month and a half. They had it sit in their
lot before they even got a diagnostic. Come back and
they tell me, my transmission's gone. My timing, my friend,
my friend, end of the timing. It's gone, my water tomp,
all the sills.
Speaker 4 (27:37):
Okay, I'll say, hold on, hold on, hold on. So
in April, how many miles on it.
Speaker 10 (27:44):
I had? I think like a little under eighty or
maybe just just at eighty, so that your.
Speaker 4 (27:52):
Trans is gone, Yeah, your training is root is gone.
I mean they say it needs complete new tranny.
Speaker 10 (28:03):
They didn't even give me a new They give me
a rebuilt.
Speaker 4 (28:05):
Well that's all they have to do under warranty. But
I don't want to know what they gave you. I
want to know the three things that were bad the tranny,
the timing belt, the timing chain or belt, basically.
Speaker 10 (28:17):
The whole front end I have to do with the
timing system, okay, and did.
Speaker 3 (28:21):
They replace okay? And what else?
Speaker 4 (28:23):
There were three things the tranny, timing and what else? Okay, okay,
so the tranny, timing, and water pump.
Speaker 3 (28:31):
What did they do? Did they handle those things?
Speaker 10 (28:35):
They did handle it. Eventually, it did get repaired. But
when I received it, I literally like, as I drove off,
I was like, well, he goes, look might need time
to adjust again. I thought that that was kind of weird.
Speaker 3 (28:49):
But that was in April.
Speaker 4 (28:50):
Here's here's what I needed to know in the interests
of time, Henry. Back in April, they said they fixed everything.
Do you still have the same problems? I am and
are so you still have a bad timing, You still
have bad timing, you still have a bad transmission, and
you still have a bad water pump.
Speaker 10 (29:10):
I don't. I don't think the water pump is an issue.
I'm not a mechanic.
Speaker 4 (29:14):
I'm not in so what I'm asking you, that's what
I'm asking you. How do you know you have the
same problems.
Speaker 10 (29:21):
Because the fuel economy got worse, the transmission is still
rough shifted.
Speaker 3 (29:25):
Okay, got it? Okay?
Speaker 4 (29:27):
Hold on, all right, Henry, hold on, I don't blame
this guy for being frustrated. Three all three seven one,
three eight two five five Go with a sure thing
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a cent until you're content. Time for an insurance checkup free,
(29:48):
no obligation. In comparison, call Compass insurance paying too much
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three all three seven to seven to one.
Speaker 3 (29:57):
Help.
Speaker 4 (29:57):
You'll think you're his only customer when you cho Frank
durand the real estate man dot Com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.
Speaker 3 (30:08):
All right, Tom.
Speaker 4 (30:09):
Martino here, So Marx being a wise guy, how about
so I'm I'm going to do the spooky lighting and
then I'm going to go back to normal though, So uh, anyway,
let's talk seriously. Now, I want to go back to Henry. Henry,
this is what I think, Okay, I think you deserve
(30:32):
proper repairs under warranty period.
Speaker 3 (30:36):
That's what you deserve. Now, it could be that this
dealer is not giving you proper repairs.
Speaker 4 (30:43):
But if you bought an extended warranty, you don't have
to keep going back to the same dealer. Did you
ever try going to a different dealer?
Speaker 10 (30:55):
So I called the warranty personnel and they said that
I cannot. They said that my warranty is specific with
that dealership.
Speaker 4 (31:04):
Well, if it is read it, because that would be
really weird. But if it is specific to that dealer,
that's weird. Okay, And yeah, Mark, I did I have
been keeping track of how many times they use the
word weird because Mark brought it up one time and
I do use it a lot, I guess so, but
only with weird callers, like like weird Henry. So, Henry, listen,
(31:28):
here's what I think we should do. And I'm serious. Now,
is your car drivable right now? Are you driving your truck?
Speaker 8 (31:34):
No?
Speaker 10 (31:34):
So my truck is back with them. That's the problem.
It's on July seventeenth. They went back in because I
told you, okay.
Speaker 3 (31:41):
Because here's what I would have said.
Speaker 4 (31:43):
First of all, we need to look at your We
need to look at your actual warranty.
Speaker 3 (31:51):
Can you send it to us? Yeah?
Speaker 10 (31:54):
Yeah, I can definitely send you that.
Speaker 4 (31:56):
And then here's something else I'm going to tell you.
And it may be difficult right now because they have it,
but give them one more chance, and then let me
look at the warranty and then let's take it over
to a place to have it analyzed. Once you get
it back. If you have more trouble, Yeah.
Speaker 10 (32:14):
Yeah, no, that's that sounds good to me. You know,
it's just upsetting because now they're asking for like, I.
Speaker 3 (32:19):
Don't blame you, man, I listen, I don't blame you.
Speaker 4 (32:21):
You deserve to get it fixed, okay, now, you know,
I mean, let's just say you're a nitpicker and you're
making it up. That's different. But we're going to figure
that out with an independent look at this thing. So
I'm marking this hold on. I'm marking this as pending.
I want you to call me back, send it, send
me the warranty. I want you to send it for
car day tomorrow. Okay, okay, and then we'll get you
(32:43):
back on threel three seven one three A two five five.
Let's see if we can squeeze. Linda has a follow
up with Springs Automotive. Hey, Linda, let's start your follow up.
We you know, Mark did a funny commercial. I did
the commercial. Mark put it on, cut it up and
put on a commercial about them ripping people off. And
I really believe they suck. You had a two thousand
and eight miles of c X seven. They charged you
(33:06):
after you know, the purchase five grand. The car wasn't
worth much you bought, but then you paid them another
forty eight hundred for a replacement engine. That replacement engine
was installed wrong and went bad. You had to reinstall
it for eighteen hundred plus. They did twenty seven hundred
in damages because of that first bad one. I mean
you were buried in this car. What's the follow up
(33:27):
you have, Linda, Well, I was.
Speaker 11 (33:31):
Were trying to get a hold of.
Speaker 8 (33:34):
Yesterday.
Speaker 11 (33:35):
You tried to get a hold of different springs and
nobody would That's right.
Speaker 4 (33:39):
Did you ever talk to him or not? Did any
did yesterday make any difference or not?
Speaker 3 (33:43):
No? No, okay, people, we got to step it up
a bit.
Speaker 11 (33:47):
And so I spoke to the mechanic in North Dakota
this morning.
Speaker 12 (33:52):
Again.
Speaker 7 (33:53):
Yes, and they're waiting.
Speaker 11 (33:55):
They're waiting for you to get a hold of the Okay,
got it, and then they are ready take your phone call.
Speaker 4 (34:01):
All right, hold on, Mark, let's just get that commercial ready.
Speaker 3 (34:06):
Do you still have it? Do we still have it
from yesterday? Yeah, Shannon's got it.
Speaker 4 (34:09):
All right, hold it and let's let's bring that back
for the next hour, along with their phone number and
all that, and let's go to war.
Speaker 3 (34:16):
I'm gonna turn the lice back on.
Speaker 4 (34:17):
I don't think this is working, by the way, three
O three seven one three eight two five five go
with a sure thing Denver's best roofer Excel roofing dot com.
Speaker 3 (34:29):
You don't pay a cent until you're contenth time for
an insurance check up. Free. No obligation.
Speaker 4 (34:37):
In comparison, call Compass Insurance paying too much your coverage
at dozens of insurance companies find 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 Man dot com to list your.
Speaker 3 (34:51):
Home with Remax Alliance.
Speaker 4 (34:53):
Three oh three nine two zero sixteen twenty two.
Speaker 2 (35:01):
Dum, you need advice, you don't have.
Speaker 1 (35:08):
Come running just.
Speaker 3 (35:09):
As as as we can.
Speaker 2 (35:12):
Shooter's gonna help.
Speaker 1 (35:13):
Come man, This is.
Speaker 3 (35:16):
The Troubleshooter Show.
Speaker 4 (35:18):
No Tom Martino, Hey, Tom Martino here, Welcome to the show.
Three oh three seven one three talk seven one three
eight two five five. This hour brought to you by
eight eight eight Heating dot Com. Hey, there's plenty of
warm weather ahead and also cold weather's coming eventually, and
you want them to check out your system.
Speaker 3 (35:36):
You can trust them.
Speaker 4 (35:37):
They're live local, haven't been purchased by some giant equity firm.
Speaker 3 (35:42):
Three oh three seven seven zero.
Speaker 4 (35:44):
Two seven seven six eight eight eight Heating dot Com. Hey, listen,
I am telling you that you uh need when you
have a problem, keep us informed because we really want results.
But we all as a collective have to let people
(36:06):
know when they're doing a good job and when they're
doing a bad job. Now, this is all opinion related, right,
but that's what reviews are. Freedom of speech, freedom of expression,
and although there is a move to suppress all of
that in this country, we still have it.
Speaker 3 (36:29):
And I urge you to let Springs Automotive.
Speaker 4 (36:33):
Group know about your impression of them in a nice way,
not vulgar. I don't want you to be vulgar. I'm serious. Now,
companies pay thousands and thousands and thousands of dollars for AdWords,
for clicks, for advertisements, for spots, for commercials, for TV,
(36:57):
for radio, for social media, and what they want they
want to create what's called the lead. Then they want
to create what's called the review. The review is supposed
to let them know if they're doing good or bad. Now,
I don't know how anyone can call this following experience,
the one I'm going to outline here, how they could
(37:19):
ever call it good. Linda bought a car from the
Springs Automotive Group and apparently they're proud of what they did.
Speaker 3 (37:31):
They refuse to address it.
Speaker 4 (37:33):
Now, I will say this, they they absolutely positively do
not hesitate to take your money, but when it comes
to customer service, they absolutely suck.
Speaker 3 (37:52):
And I want everyone to know. And I'm going to
give out their number.
Speaker 4 (37:55):
And I want you in a very polite way, because
after all, they pay for feedback.
Speaker 3 (37:59):
They love review use, so give him reviews. I'm going
to tell you what happened.
Speaker 4 (38:03):
Linda bought a two thousand and eight miles to CX seven. Now, listen,
this car may have been a piece of poop. It
may have Okay, she bought it for five grand, But
even if this car was a piece of poop, she
still doesn't deserve what happened. Three days later, the engine
went out. At that point, I would have had more
respect for Springs Automotive if they said, well, sorry, it's
(38:26):
a used car as is, you know. But instead they
said we'll replace the engine and charged her forty eight
hundred bucks. She would have been better off going somewhere else. Now,
I don't know why, Linda. If you bought a car
and three days later the engine goes out, why would
you pay five thousand dollars to have a bad engine
(38:47):
replaced when you just paid five thousand for the car,
which would be a total of ten grand for a
piece of crap car.
Speaker 3 (38:55):
Why would you do that.
Speaker 11 (38:56):
Linda, I didn't know which way to turn tom Okay.
Speaker 4 (39:01):
So you paid this forty eight hundred bucks. They replaced
the engine, You took the car. You took the car
to Wisconsin.
Speaker 7 (39:12):
Right, No, to North Dakota.
Speaker 4 (39:14):
I'm sorry, I keep saying Wiscon, North Dakota. On the
way to North Dakota. You're having a problem. You limp there,
you get there. The guy up there that we've talked
to says, the installation of that engine was very poor.
And not only was it poor, it did additional damage
to the rest of the car.
Speaker 3 (39:34):
What's the only bright spot.
Speaker 4 (39:36):
In this whole thing is that the people who supplied
the engine, not Springs Automotive, but someone else. The other
group that supplied the used engine sent another used engine
under warranty to North Dakota. Now, the guy in North
Dakota said the replacement engine is fine and he wouldn't
(40:00):
all it, but there's other damages done by the previous installation.
So in my mind, Springs Automotive group, they owe you
an explanation. First and foremost, you got charged forty eight
hundred for the engine, and then they did a bad installation,
(40:21):
and then on top of that they did damage, and
then on top of that, you had to pay to
have another engine reinstalled. They should help you in some way,
but Spring's Automotive doesn't see it that way.
Speaker 3 (40:32):
But let me outline these charges.
Speaker 4 (40:34):
The original purchase five grand, the replacement engine.
Speaker 3 (40:39):
You paid three days later, forty eight hundred.
Speaker 4 (40:42):
You paid ninety eight hundred dollars so far, and then
you had to get another replacement engine, and you had
to pay another eighteen hundred on top of that, and
then the damage they did in the previous installation costs
you twenty seven hundred. You're out all of that money.
(41:02):
Think about that. You're out all of that money because
they suck. And I'm adding it all up right now
and I'm going to get you the total.
Speaker 3 (41:11):
And this is the depressing part.
Speaker 4 (41:13):
You're out fourteen thousand, three hundred dollars. Think about that.
Fourteen on an OA car. I mean, I don't even
know how they can sleep at night. But they refuse.
They think if they go away, this is going to
go away. They think people are gonna forget. I'm not
(41:34):
gonna let people forget. By the way, I texted them
on their website. I went to Springs Automotive Group dot
com and it shows three locations. One in on South
plat on East Platte in Colorado Springs, another one on
North Powers, Colorado Springs. The Colorado Springs number for our
Springs audience seven to one nine four seven seven zero
(41:59):
nine zero zero. That's seven to one nine four seven
seven zero nine zero zero. In Inglewood on Santa Fe,
their number is three oh three seven eight nine twenty
eight eighty six. Three oh three seven eight nine twenty
(42:21):
eight eighty six. Now let me give a word to
Spring's Automotive Group, and no doubt they're idiots, so they're
gonna probably have an attorney listen to this because they're
pissed off. So let me just say, mister attorney, Uh,
I'm not shaking in my boots.
Speaker 3 (42:36):
I'm not afraid.
Speaker 4 (42:37):
I'm expressing my opinion based on the facts in this
case and based on how this woman is being treated.
And I'm giving my honest to God impression that they
should not ever no one should ever shop at Springs
Automotive Group based on this. If you act this bad,
this for this deal, I could never trust you. How
(43:02):
you charge forty eight hundred dollars for a faulty installation
of an engine and then ghost. This woman is beyond
I have no idea how that could ever happen. That
Springs Automotive Group and in the ones she dealt with
three OHO three seven, eight nine twenty.
Speaker 3 (43:22):
Eight eighty six. You guys really suck.
Speaker 4 (43:25):
So I texted them on their site it says text us,
and I wrote my name and my number, and I said,
why does your dealership suck? And they wrote and said, hey,
happy that you texted us. And then I get a
message from Guy who's Guy.
Speaker 3 (43:45):
Thank you? So he's the owner.
Speaker 4 (43:47):
I'm out of the office, but as our staff, but
as our staff instructed your staff yesterday.
Speaker 3 (43:54):
You can try to reach.
Speaker 4 (43:55):
Me by email at Guy and I'm not going to
give it out or on my cell. I won't give
that out yet. I will try to get on the phone.
I will call you back. Please do not insinuate fault
or blame based on one side of the story, and
please get all of the facts prior to passing judgment. Okay, Guy,
(44:19):
I'm going to reserve judgment until you come on. This
sounds pretty bad, but I'm going to reserve judgment.
Speaker 3 (44:24):
So what I'm gonna do, Susan?
Speaker 10 (44:26):
Wait?
Speaker 3 (44:26):
Wait is it?
Speaker 9 (44:28):
We're sure though she bought the car in three days later?
Speaker 4 (44:32):
Well, actually, hold on, that's her story, to be fair,
that's first story.
Speaker 3 (44:37):
That's what she's saying.
Speaker 9 (44:38):
But then they sold her an engine and that engine
apparently is a piece of crap.
Speaker 4 (44:44):
Right, okay, the second engine which was done under warranty
for that first engine she paid forty eight hundred dollars
for three days after she purchased when the other one
went out.
Speaker 3 (44:55):
That car. Now, now I want to ask if.
Speaker 9 (44:57):
You hold on, And now it's in another shop where
they have gone through it. They have taken pictures, they
have sent us the pictures. We have all the evidence.
I've looked through them. That that second engine they sent,
I would say, at best, and this is my opinion
based on the pictures I looked at, is a used
piece of crap.
Speaker 3 (45:18):
Oh see Mark the guy now now, really, to.
Speaker 4 (45:21):
Be fair, the guy said that the replacement engine, there's
really nothing wrong with the replacement engine they sent and
now it was used, yes it was, But he did
say it was more the damages done by the previous
installation that was causing a problem.
Speaker 3 (45:38):
Got it.
Speaker 9 (45:38):
So when these guys sold her that engine after she
purchased the car and it went to hell three days later,
they charged her for the engine. They installed it like
a bunch of morons and created more damage.
Speaker 3 (45:52):
That's what.
Speaker 4 (45:53):
That's what that according to the guy that we taught.
We actually talked to the mechanic in North Dakota and
he said that previous installation was hillatious.
Speaker 9 (46:01):
Suzanne, why don't you try, guy Tom, put up the
cell phone number.
Speaker 3 (46:05):
WoT it already, Let's try and see if you'll come
on Tom. They said they'd be in the office at noon.
Speaker 4 (46:12):
We can wait till noon, although I would love our
Colorado Springs audience to hear it. And he's but he's
on his cell phone. Did he want us to wait?
I didn't see that.
Speaker 9 (46:24):
I think if you call that cell phone, Suzanne, he
might answer, we need to take this break.
Speaker 3 (46:30):
We need to take this break.
Speaker 4 (46:31):
I'm Tom Martine three O three seven one three tong
seven one three.
Speaker 3 (46:35):
A two five five. Frank durand the real estate man.
Speaker 4 (46:37):
By the way, Frank will always be straight with you,
whether you're buying or selling real estate. He'll do a
free market evaluation of your property. He'll tell you what
he thinks it will self war, what you'll net, what
you can buy. He is so wonderful and he does
all of this complimentary based on his thirty years of experience.
Frank Duran, The real Estate Man dot com three oh
three nine two zero sixteen twenty two. Go with a
(47:02):
sure thing Denver's Best roofer Excel Roofing dot com.
Speaker 3 (47:05):
You don't pay a cent until you're content.
Speaker 4 (47:09):
Wait time for an insurance check up free, no obligation
comparison call Compass Insurance Paying too much your coverage at
dozens of insurance companies find 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
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Hi
(47:36):
Tom Martino, you're a troubleshooter three oh three seven one
three talk three oh three seven one three eight two
five five. So we're trying to get Springs Automotive Group on.
I need to go to another call JR. You have
a call, Go ahead, sir JR. Welcome, what's happening?
Speaker 12 (47:52):
Hey, Tom, thanks for the call. Yes, sir, say guy
on there earlier the attorney. I just wondered, what's my advantage,
Tom or mark to I sold a house in twenty
twenty here in the Springs one in twenty twenty one,
and I did it for sale by owner. It was fantastic.
I'm ready to sell the house that I'm living in,
which is.
Speaker 13 (48:09):
More valued at a higher level.
Speaker 12 (48:12):
But you guys were talking about that, and it's like,
why can't I isn't it more beneficial to me?
Speaker 4 (48:17):
Because they want Okay, let's talk about let's talk about
that in general.
Speaker 3 (48:21):
Okay.
Speaker 4 (48:22):
Having purchased and bought and sold fourteen houses, I'm going
to tell you that I believe it's foolhardy.
Speaker 3 (48:30):
In my opinion.
Speaker 4 (48:32):
Now it's also foolhardy to pay full commissions every time
if you've been through it a lot. But I want
to ask Brad O'Brien some of the pitfalls. Brad, how
many for sale by owners do you get where you
act or help them out the seller?
Speaker 3 (48:48):
Do you get many of those or not?
Speaker 6 (48:50):
Yes? I do get a fair amount.
Speaker 4 (48:51):
Oh, you do because they don't want to pay a commission,
so they pay you by the hour.
Speaker 3 (48:55):
By the transaction or how I.
Speaker 6 (48:57):
Built be based upon my time case.
Speaker 4 (49:00):
So does it Usually It's hard to say, but I'll
bet you it's usually cheaper.
Speaker 3 (49:05):
Than higher than get it than paying a commission.
Speaker 5 (49:07):
Oh yeah, they might pay me something under five grand
versus thirty fifty thousand something.
Speaker 3 (49:12):
So JR.
Speaker 12 (49:13):
Are you they want they want? They want thirty seven
thousand tons for my.
Speaker 3 (49:17):
No, I know that. I just I just said. I
think it's fullhardy to do.
Speaker 4 (49:20):
It alone unless you can do it for a reduced commission,
if you're familiar with the process, and or I went
to Brad and asked about being an attorney in this,
Like you said, for a few grand, you get it
done and you don't pay the thirty five or forty
or fifty whatever. But that that's but but there's something
more to it. And let me explain this. And I'm
not trying to justify what real estate people make. But
(49:44):
good real estate people do a couple things that I
think we can't do. Okay, that's I believe this. Here's
what I believe they do. I believe a good real
estate broker like a Frank durand the real estate man
dot Com. I think Frank does this. He helps you
sell faster and usually for more money because he knows
(50:06):
the market, he knows where to price it, he knows
how to get pricing bids and all that.
Speaker 3 (50:09):
But you're still going to pay commission.
Speaker 4 (50:11):
Now, another thing a good real estate broker does is
they market. They outbound market it to hundreds of thousands
of sources. Okay, Now, if you know how to outbound market,
if you know how to price, if you know how
to negotiate, if you know how to create a bidding war,
(50:32):
if you can sell fast and you can sell for more,
then go ahead and do it.
Speaker 3 (50:36):
Now. Here's another thing I think.
Speaker 4 (50:38):
A good real estate broker can do, and that is
qualify buyers. Now, you may have had good luck, Jr.
And you may continue to have good luck, so I'm
not telling you you need a broker, but listen carefully
to this part. There are many people who waste time
and energy trying to do it themselves because they don't
know how to qualify buyers, don't know how to not
(51:01):
take it off the market. They don't know how to
take the right offer. One offer might be a lot,
one might be a little less. One buyer might be
Golden one buyer may not be so. So there are
all kinds of things that can go wrong. Does that
mean that everyone needs a broker? No, it does not.
Speaker 3 (51:21):
It does not.
Speaker 12 (51:22):
But if in my if in my mind, Tom, I
know I want four for my house, I'm not taking
any less. I'm not doing anything extra. But all the
people looking, I've had a couple on my block that's
sold in days.
Speaker 3 (51:34):
You know, what do you mean? Now? You just no offense? Man?
Speaker 9 (51:37):
But tell me if I just heard this right, you're
not going to take any less and you don't want
any extra?
Speaker 13 (51:45):
No, no, no, I didn't say extra.
Speaker 3 (51:46):
What I'm saying is what were you saying there? I
only owe eighty on my house.
Speaker 12 (51:51):
If I can walk off with four forty.
Speaker 7 (51:55):
Eight, that's that's all what they are.
Speaker 3 (51:57):
Here's what I'm as.
Speaker 9 (51:58):
JR.
Speaker 3 (51:58):
Just said it again, that's all he wants.
Speaker 9 (52:00):
So I would say, if that's all he wants, I
would say he doesn't need a broker.
Speaker 4 (52:05):
That's right, that's right, And if he doesn't want the
professional help. But JR, here's what I'm saying, without even
consulting a broker, without even consulting a broker, I think
it's a rash decision.
Speaker 3 (52:17):
Is it the wrong decision? I don't know. It might
be maybe not. Here's what I'm saying.
Speaker 4 (52:22):
What if a good broker says, you know what, you
can get four seventy five for that, So not only
do you get more money, it pays for the commission,
and you get all the professional help and expertise, then
it would be worth it. But without even consulting one
or two, you don't even know that. So but if,
like Mark says, if you don't care and you know
(52:43):
you can get four forty and that's all you want
and you want no professional help, and you're positive you're
not going to run into any pitfalls and waste time,
go ahead and do it.
Speaker 3 (52:53):
Go ahead. You know you're calling me to ask an opinion, and.
Speaker 4 (52:57):
Then you're talking yourself into the other way.
Speaker 3 (52:59):
I'm not telling you not to do it.
Speaker 4 (53:00):
I am telling you to explore it and compare.
Speaker 12 (53:07):
Right right, I'm going to be calling Brad. I think
that's gonna work out good for me.
Speaker 4 (53:11):
Okay, that's good. Then you go ahead and do that again.
Brad O'Brien is here seven two zero three, seven zero
seventy three eighty eight. I again think it's foolish not
to compare. Did I tell JR. He must use a broker?
Absolutely not. But here's what you call a person who
(53:31):
will not even explore another option. They're bullheaded. I'm sorry
you are. I'm not saying you have to go in
that direction. You don't ever have to go in that direction.
But what if you found gold? You know, people, you
have to be open. That goes for everything, that goes
(53:54):
for investing, that goes for buying, that goes for selling,
that goes for cars, it goes for everything, for furnaces,
for air conditioning. You've never heard me say take your
first offer and go with it.
Speaker 3 (54:08):
Ever, Sam, what's going on with you? I got to
take a break, but I want to get started with you. Sam.
What's happening? Okay?
Speaker 14 (54:17):
I got a question for you.
Speaker 10 (54:19):
Purchasing a used car?
Speaker 15 (54:21):
Do you pay a dealer handling fee?
Speaker 4 (54:25):
Well, you can pay anything that's in the deal. It's
all negotiable. There is no right or wrong. If they
want to charge a handling fee. They can charge any
kind of a fee. I mean, but whether or not
you have to pay it is negotiable. Okay, see an
(54:46):
let me tell you why.
Speaker 3 (54:47):
They put handling fees on.
Speaker 4 (54:48):
Okay, they put handling fees on because they want to
price a car, and they want cars to be priced
appropriately for the marketplace. Then once they know you like
the car, then they tell you and what I don't mean,
once it's it's usually somewhere in the dealership or in
the ad plus dealer handling and prep and all that.
(55:09):
Then they add other money that they know they want
to make, like for overhead and not necessarily profit. But
let's just say for the docs and all of that,
it's not wrong, it's not right. It's whatever people perceive
it to be. If there's a big handling fee, I
resent trying negotiating everything, and then then now there's a
(55:32):
twelve hundred dollars handling fee. I mean, I personally like
it all in one shot, but I understand why they
do it that way. If you have an additional question,
hang on, okay, three h three seven to one three
talk go with a sure thing Denver's Best Roofer Excel
(55:55):
roofing dot com.
Speaker 3 (55:56):
You don't pay a cent until you're content.
Speaker 4 (56:00):
Leave time for an insurance check up free no obligation
comparison call Compass Insurance paying too much your coverage at
dozens of insurance companies.
Speaker 3 (56:09):
Find out now three all three seven to seven to one.
Speaker 4 (56:12):
Help You'll think you're his only customer when you choose
Frank durand the real estate man dot com to list
your home with Remax Alliance three all three nine two
zero sixteen twenty two. Hi Tom Martino, your troubleshooter. Three
oh three seven one three talk three oh three seven
(56:34):
one three eight two five five. Let's talk and see
what's on your mind. Okay, we have another question from Sam.
Sam wanted to know about purchasing a used car, about
handling deals, handling preps, prep charges, handling charges, all of that.
Speaker 3 (56:52):
Go ahead. I'm sorry, Sam, what's your additional question?
Speaker 13 (56:56):
Okay, here's here's what I've got.
Speaker 15 (56:58):
Yeah, I've got a old the price for the car, yeah,
and I got a hand Then I have a handling fee, yeah.
And I have a trade in credit. And I have
total taxes which it says zero, electronic filing fee, a
lean fee, the title fee, an extended warranty fee, and
(57:20):
then there's a says the total sale fifteen K. How
I get a phone call saying I om for the taxes.
Speaker 9 (57:31):
Well, yeah, it said zero. You just read that. That's
like one of the oldest tricks in the book.
Speaker 3 (57:36):
Man.
Speaker 4 (57:36):
Now, taxes, by the way, should should not be charged
on anything but.
Speaker 3 (57:43):
The car itself, but trade in.
Speaker 4 (57:46):
But usually they don't collect taxes unless it's financed on
a cash deal. You pay the taxes when you register
the car with the.
Speaker 3 (57:56):
Bill of register the car, right, Yeah, Usually yep, did
you finance this?
Speaker 15 (58:01):
Okay?
Speaker 3 (58:02):
Did you finance this?
Speaker 13 (58:04):
Using the word you said?
Speaker 15 (58:05):
Usually, So when I go over to the Jefferson County.
Speaker 3 (58:09):
Sam, did you finance this? Please answer me that did
you finance this? Oh? Oh, okay, go ahead, sir. I
did not finance it, got it, sir, go ahead. So
then when I go.
Speaker 7 (58:21):
To the TAJH Mahal, I paid the taxes.
Speaker 3 (58:23):
Then that's usually what happens.
Speaker 4 (58:25):
Yes, I say usually, because sometimes you pay them.
Speaker 9 (58:30):
I would even on a cash deal. I think if
he unless be registered to out of state, I think
they do all that because they're the one that sends
all the title work and everything to the DMV. I mean,
I paid cash for a car not long ago, and
that's exactly what happened. They took the sales tax, they
took everything, and then I just went to the DMV
and paid the registration.
Speaker 4 (58:53):
Because I Okay, Mark, actually I got to look it
up because I did it both ways.
Speaker 3 (58:59):
That I don't know what correct answer is. I know
out of state.
Speaker 9 (59:02):
I've purchased a vehicle for someone out of state and
paid cash for it, and then I did not pay
sales tax. When he registered it, he paid the sales tax.
Speaker 15 (59:15):
Okay, Well that's my question, because I got a phone
call saying that I needed I'm looking.
Speaker 3 (59:23):
At the dealer licensing board.
Speaker 4 (59:25):
Licensed car dealers are required to collect sales tax for
every motor vehicle they sell, and they must prepare a
standard tax receipt.
Speaker 3 (59:36):
Yeah, that's why I said. It was kind of the
oldest trick in the book.
Speaker 9 (59:39):
They sold you this car and left off a couple
thousand bucks and taxes, So you think you got a
good deal bottom line, but.
Speaker 3 (59:46):
You've however, are not cool.
Speaker 4 (59:49):
If there are specific local taxes, some of that have
not been They have to collect state tax.
Speaker 3 (59:56):
Yeah they said zero. They didn't collect a nickel.
Speaker 4 (01:00:00):
So sometimes they collect just state tax and you pay
local taxes. There's some left over, or all you pay
is state tax and not city tax if it's in
a city. That doesn't have one, but they're generally required.
But I'm going to say something that's really important. Whether
they collected it or not, does not negate you owing it.
Speaker 3 (01:00:23):
No, not at all. You owe it.
Speaker 4 (01:00:25):
So if they're going to give you a receipt for
it and and actually show you that it's for taxes,
then you can pay them.
Speaker 3 (01:00:33):
It doesn't matter. You're going to have to pay it anyway.
Why do you care?
Speaker 16 (01:00:38):
Oh?
Speaker 15 (01:00:38):
My question is, like I said, I create the guy
out right, and then I get.
Speaker 10 (01:00:43):
A phone call the following day saying that they.
Speaker 15 (01:00:46):
Left off the taxes.
Speaker 10 (01:00:48):
How I need to pay them for the taxes?
Speaker 3 (01:00:50):
Yeah, what's the name of the dealership?
Speaker 10 (01:00:54):
It's on your referral list?
Speaker 4 (01:00:56):
Well, I don't care who is it? R Okay, let's
call Rodney. Well call them. I mean, man, we don't
we don't protect people. They're great people usually when we talked,
when I say usually they're great people. And usually no
one has anything that they're not gonna tell us.
Speaker 3 (01:01:13):
So let's talk.
Speaker 4 (01:01:14):
Let's just call them and ask them about it. Thank you,
Sam hold On three oh three seven one three talks
seven one three eight two five five. Now we're going
to see what they say about this. I have a
question for Brad O'Brien O'Brien legal services.
Speaker 3 (01:01:30):
Uh, and they want to know this, Brian.
Speaker 4 (01:01:32):
Somebody's interested in what you talked about, and that is
you know, you charge by the hour charge for your time.
You can help people with uh transactions if they want
to sell and you don't represent either one of them.
They want to know or do they go to you
as a buyer or a seller if they wanted to
do it this way a seller, you would represent.
Speaker 3 (01:01:54):
The seller then technically or not? How does that work?
Hold on?
Speaker 6 (01:01:58):
There you go, sir, I represent who calls me first?
Speaker 4 (01:02:00):
Okay, So if a seller calls you and says I'm
selling my house. I don't want to use a real
estate broker, then you would make sure that the contracts
are done correctly and.
Speaker 5 (01:02:08):
All that that's right, help them get under contract before closing,
helping with all the due diligence and action items, and
then for closing and help them with the closing documents and.
Speaker 4 (01:02:15):
Where the complication might come in. People rarely not with
the new law. Though with the new law there will
be no complication because if someone comes with a broker,
that's that buyer's got to pay the broker if you
don't negotiate to pay it, right, I mean, so that
seller can simply have an attorney and pay no commissions.
Speaker 5 (01:02:34):
Well, the new contract form has a place in the offer,
the actual contract between buyer and seller where it has
the commission in there, and the real estate broker is
an intended third party beneficiary of that contract between.
Speaker 3 (01:02:44):
Buys the seller. Cap I'm not going to pay it.
Speaker 6 (01:02:47):
Yes, it's fully negotiable.
Speaker 9 (01:02:49):
We should ask Frank how this is going to affect
a biz in general, because that's pretty amazing.
Speaker 3 (01:02:54):
That's a huge change.
Speaker 4 (01:02:57):
It is a huge change in that it's not automatic
as far as who pays what. I think it is
automatic when you write with a listing broker, you're going
to pay three percent.
Speaker 3 (01:03:10):
You're gonna pay the three percent.
Speaker 4 (01:03:11):
But if you you know, that's the way I look
at it. If that's automatic, you're going to pay it
or you're not going to pay it. But but you're
going to pay it to the listing broker for sure.
Whether you pay the buyer broker is really up to
how much they offer. I mean, you can decide at
the last minute you're not going to pay it. You
just don't sign the offer if it has the commission
(01:03:33):
in there for the buyer's broker and you don't want
to pay it, just don't sign it.
Speaker 3 (01:03:36):
And you say no, I'm not paying it.
Speaker 4 (01:03:39):
I mean, so, yeah, it is a big change, but
it also allows each party to pay whatever.
Speaker 3 (01:03:45):
Commission they want.
Speaker 9 (01:03:46):
I'm thinking more of it on the advertising level, like,
how how do you it? Just I just can't wrap
my hand around that change. Yet it's so different than
what do you mean do you advertise?
Speaker 4 (01:03:58):
I mean, because you know for sure, or if you're
the seller, right, you're gonna mentally think this is what
I would do.
Speaker 9 (01:04:04):
If I'm selling a house for one hundred thousand dollars.
Now I'm not calculating in six percent. I'm calculating in
whatever my seller, whoever's selling my home.
Speaker 3 (01:04:16):
Let's just use Frank Durant.
Speaker 9 (01:04:17):
I'm gonna say, okay, Frank, I agree to give you
three percent, simply as that that's right. Then I'm done.
I mean, that's it.
Speaker 4 (01:04:24):
But you could also mentally say I'm going to figuring
six percent just in case I need to negotiate, and the.
Speaker 9 (01:04:33):
Buyer not just knocked three percent off the price of
the house and it's just that's kind of silly.
Speaker 3 (01:04:37):
But but but it is.
Speaker 4 (01:04:39):
It isn't because there are some people who will submit
a contract and what they'll say is, we want you
to pay for our real estate broker, for our buyer's broker,
and then if you have it built in, you're gonna
do it.
Speaker 3 (01:04:53):
I get that, But why would you? Why would anybody
say that? Now? I don't know, because I think why you?
Because I think because Psycho, I'm going to lawnmowing for
the next five years. I mean, people do all kinds
of stuff like that. I mean, why do they do it?
I don't know.
Speaker 4 (01:05:07):
They do it though they make all kinds of demands,
you know. And is it built into the price? I
think it is. I think when people give allowances for
repairs mentally they are when they negotiate a price, they say, look,
let's have this in here in case they want you
to replace this.
Speaker 9 (01:05:23):
I mean, what I'm curious about, like, if Frank comes
over and talks to somebody who wants to get their household,
is he going to have a conversation like, hey, do
you want to.
Speaker 3 (01:05:33):
Pay the buyer? Should we pay the buyer? Should we
write I.
Speaker 4 (01:05:36):
Don't know, Well, let's ask him. That's a great question.
We got more coming right up. Go with a sure
thing Denver's Best roofer Excel Roofing dot com. You don't
pay a cent until you're content. Time for an insurance
check up free, no obligation. In comparison, call Compass Insurance
(01:05:59):
paying too much your coverage at dozens of insurance companies
find out now three all three seven seven to one.
Speaker 3 (01:06:04):
Help.
Speaker 4 (01:06:05):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two.
Speaker 3 (01:06:16):
Hey, I'm Tom Martinez.
Speaker 4 (01:06:17):
You're troubleshooter three oh three seven one three talk three
oh three seven one three eight two five five. Rod
griers with us from Jfar Cars. The consumer who called
in is no longer on the line. His name was Sam,
and he said he bought a car and paid in
full everything except on the line item for taxes it
(01:06:38):
said nothing. It said zero, and so then he got
a call back or a text saying you need to
pay taxes. He was wondering why, Rod's because he bought
the car at Jfar Cars. He says, and I'm sorry,
I don't have his last name. We don't have his Uh.
He hung up, But since he had brought you guys up,
he said he was trying to insinuate that he was
(01:07:02):
blindsided by this and he was going to pay taxes
when he registered it.
Speaker 3 (01:07:06):
I'd be blindsided too on that.
Speaker 4 (01:07:08):
Rod Our dealers required to collect sales tax when they
sell a car.
Speaker 14 (01:07:15):
It was a cash deal, and a lot of times
the state will allow you to pay after you can
go in and pay that, but now the state wants
us to take this the state taxes. So that's exactly
what we were asking him to pay. Just pay the self.
(01:07:36):
He paid no taxes at all, and you can and
I showed him that that he paid no taxes at all.
Speaker 4 (01:07:41):
Okay, so good, you recalled the deal. But listen, Ronnie,
why would you write it up with zero taxes?
Speaker 3 (01:07:48):
Is that just to show him the raw price of
the car?
Speaker 7 (01:07:51):
No?
Speaker 14 (01:07:51):
No, we were basically trying to give him a little
bit more time.
Speaker 3 (01:07:57):
It was.
Speaker 14 (01:07:59):
It was a little little long story, but I was
kind of trying to help him, to give him a
little bit more time and let him pay it. At
did we give him sixty days in order to uh
with the temporary tax. When you go in after sixty days,
you will pay your taxes.
Speaker 4 (01:08:15):
So you kind of it was kind of like here,
you got sixty days to worry about raising the tax.
Go with a sure thing Denver's best roofer Excel Roofing
dot com.
Speaker 3 (01:08:24):
You don't pay a cent until you're content.
Speaker 4 (01:08:29):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three o three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three.
Speaker 3 (01:08:47):
Oh three nine two zero sixteen twenty two.
Speaker 1 (01:08:50):
Yeah news you don't happen. Just as fast as.
Speaker 2 (01:09:04):
You can shoot is gonna help?
Speaker 1 (01:09:07):
Come man, This is.
Speaker 3 (01:09:10):
The Troubleshooter Show.
Speaker 4 (01:09:12):
No Tom Martino, Hi Tom Martino here, three oh three
seven one three od hawk is our number. But I
want to tell you about three oh three Martino. You've
called twenty four to seven three oh three six two
seven eight four six six. We're proud to be part
of your life and happy to help you where we can.
Speaker 3 (01:09:31):
And one thing I do want to say.
Speaker 4 (01:09:33):
We have been unable to get a hold of Springs Automotive,
although we have tried.
Speaker 3 (01:09:40):
And let me explain this.
Speaker 9 (01:09:41):
Oh wait, it's afternoon. Let's try again because right now perfect.
Speaker 4 (01:09:47):
Okay, I'll recap it after We'll try one more time.
Speaker 3 (01:09:50):
Okay.
Speaker 4 (01:09:51):
Meanwhile, Betty, it's busy, busy, okay. I I did text him.
I said, I'm trying to get through to you. He said,
try to call again. My phone is not wrong.
Speaker 3 (01:10:02):
I don't know, man, I'm not having some suspicions, but
will yourself. Yeah, that's the one you were calling, right the.
Speaker 10 (01:10:10):
Well, I call this so it went straight to voicemail
when I just said a second ago.
Speaker 3 (01:10:14):
I tried again. It was to their main office, but
that's usually try the the thirteen ninety two numbers.
Speaker 4 (01:10:21):
Yeah, okay, all right, three h three seven one three
talk seven one three eight two five five.
Speaker 3 (01:10:28):
Betty, what's going on?
Speaker 1 (01:10:29):
Betty?
Speaker 17 (01:10:33):
I have been I have children who have mental health issues,
and we've been dealing with stuff for several years.
Speaker 3 (01:10:42):
How many kids, Betty, Betty? How many kids?
Speaker 17 (01:10:46):
I have two sons fourteen, and they.
Speaker 4 (01:10:48):
Have fourteen and fifteen correct, and what are the mental
health issues?
Speaker 17 (01:10:57):
My oldest son is diagnosed with tourettes and ADHD and depression.
I have been trying to get him looked at for
some sort of moved disorder, but because he's not eighteen
and over, they usually dismissed that. But there's definitely something deeper.
Speaker 8 (01:11:21):
Whereas my other son is high functioning.
Speaker 17 (01:11:24):
Autistic with ADHD and depression.
Speaker 3 (01:11:29):
Wow.
Speaker 4 (01:11:30):
Wow, So we're both of these children like this their
whole lives struggling.
Speaker 17 (01:11:38):
My youngest we found out early on, just before too.
My older son, the tourette we found out in second grade,
and the other problems started.
Speaker 8 (01:11:55):
Probably when he like a year or two before.
Speaker 17 (01:11:58):
COVID and then that just all affected a lot of
people's mental.
Speaker 9 (01:12:02):
Hey, Tom, Betty, I am so I'm so sorry to
say this real quick, but Tom, we do have guy
who I believe is the owner on from Springs Automotive Group.
Speaker 3 (01:12:14):
I think we should heat Betty.
Speaker 4 (01:12:15):
Hold on, Betty, Betty, hold on, Okay, dear, just hold on.
We're gonna come to you. Do not hang up.
Speaker 3 (01:12:22):
Now. Guy is the.
Speaker 4 (01:12:23):
Owner of Springs Automotive Group, and he says, Tom, please
reserve judgment.
Speaker 3 (01:12:30):
On this situation, and guy the situation.
Speaker 4 (01:12:34):
Just so you know that what I've said, I want
to be completely open with you about this. I'm going
to tell you exactly what I said about it.
Speaker 3 (01:12:44):
I said.
Speaker 4 (01:12:44):
Linda bought a two thousand and eight Mazda c.
Speaker 3 (01:12:48):
X seven from Springs Automotive Group.
Speaker 4 (01:12:52):
She said, the engine went out three days later, and
then you guys said you would replace the engine for
forty eight hundred. She paid forty eight hundred, and that
engine also went out on her way to North Dakota.
Speaker 3 (01:13:07):
And when she got to North Dakota, the.
Speaker 4 (01:13:11):
Guy took that engine out and the warranty company sent
her a new engine, not a new one, but a
replacement engine which was also used, and.
Speaker 3 (01:13:22):
That was put in.
Speaker 4 (01:13:24):
She had to pay the labor for that eighteen hundred
or she's billed for it. But the guy putting in
that replacement engine, which by the way, was done under warranty,
he said, she has twenty seven hundred dollars of damage
done by the previous installation to other parts other than
the engine. So if you add everything up, she bought
(01:13:47):
the car for five grand. The replacement engine was forty eight.
To get that replacement, another replacement engine install was eighteen hundred,
and then the damages are twenty seven hundred. This woman,
after dealing with Springs Automotive Group, is out fourteen thousand,
three hundred dollars for a two thousand and eight Mazda.
Speaker 3 (01:14:06):
So go ahead.
Speaker 13 (01:14:09):
Well, like I said, I'm out moving trailers and I'm
not in an office right now. But like I told
you last time we spoke, Tom, those there would probably
about fifteen percent of that that you said were facts.
Speaker 3 (01:14:24):
Well, just tell me what's not facts? Well, the park,
how about one at a time? How about this? Did
she pay.
Speaker 4 (01:14:31):
Forty eight hundred dollars shortly after buying that car to
put another engine in it?
Speaker 8 (01:14:36):
No?
Speaker 4 (01:14:37):
Okay, now, Linda, This guy says, this is the third
time he said this. He said it twice on his
previous call. He said, you did not pay forty eight
hundred dollars for that engine.
Speaker 7 (01:14:50):
I have a repeat.
Speaker 3 (01:14:52):
Oh how did you pay it?
Speaker 11 (01:14:54):
Tom?
Speaker 13 (01:14:55):
Can you send up to Tom because I'd like to
see how you paid that, Linda.
Speaker 3 (01:14:58):
How did you pay it? Linda?
Speaker 4 (01:15:00):
He is pretty insistent, and I just want to say something.
If guy would come on the air and stake his
reputation on this. He must feel pretty strongly about it.
He's flat out saying you did not pay for that engine, So.
Speaker 3 (01:15:19):
How did you?
Speaker 4 (01:15:21):
I'm not I'm not disputing you have a receipt. I'm
asking you in what form was your payment?
Speaker 11 (01:15:28):
Partially on debit card and partially cash?
Speaker 4 (01:15:36):
And what does the receipt say?
Speaker 7 (01:15:41):
I have to pull it up.
Speaker 11 (01:15:42):
I don't have it pulled up. Heston sent it to me,
and the receipt says that.
Speaker 8 (01:15:52):
I was charged for tires.
Speaker 11 (01:15:55):
That guy said that he was going to get one
eighth a charge for a window wiper arm that I
never even asked for. He said he was going to
detail the car, and.
Speaker 4 (01:16:09):
I guy to I mean, Linda, Linda, was was all
this part of the forty eight hundred?
Speaker 7 (01:16:16):
Yes?
Speaker 3 (01:16:17):
Well then you didn't spend forty eight hundred for the engine?
Well much?
Speaker 9 (01:16:20):
I'm looking at the receipt now, So here's what I got.
The engine was twenty the engine was three grand of it.
Then there is tires, engine assembly, removal and installation eight ten.
So you got three thousand, eight hundred. You got about
four grand in the engine on this receipt.
Speaker 13 (01:16:38):
Okayy correct?
Speaker 7 (01:16:41):
How was that?
Speaker 13 (01:16:41):
How is that pay?
Speaker 10 (01:16:42):
Linda?
Speaker 13 (01:16:43):
What form of payment was that?
Speaker 3 (01:16:44):
Mark? What does the receipt say?
Speaker 4 (01:16:47):
You said it was partial cash and partial debit.
Speaker 9 (01:16:49):
It says over nine thirty seven parts thirty six sub total.
Speaker 3 (01:16:53):
I'm talking about, how was the payment made? Does it say? Mark?
Speaker 9 (01:16:56):
It says total is forty eight twelve balanced zero.
Speaker 3 (01:17:01):
Yeah, there's no total. There's no payment information on here.
It just says balanced zero.
Speaker 4 (01:17:07):
But she should be able to show a debit to
them on her debit on her bankstake.
Speaker 3 (01:17:12):
Guy, are you saying she never paid this? Is that
what you're saying?
Speaker 13 (01:17:16):
Well, I'm not saying that some of it was not paid.
I mean, I don't know how much she really wants
to need to get into it, because a lot of
it is a little.
Speaker 3 (01:17:23):
Well, she's been on here throwing you under the bus.
It's probably time. She's been on here three three times. Guy.
Speaker 4 (01:17:30):
I think she pretty much wants to get into every
nasty detail you have.
Speaker 13 (01:17:35):
I mean, Linda, I'm gonna need your authorization to go
into every nasty detail and then we can talk about
the actual fact.
Speaker 17 (01:17:42):
Pardon me.
Speaker 3 (01:17:43):
It says payments internal. That's what it says on the invoice.
Speaker 13 (01:17:48):
Okay, So how much?
Speaker 9 (01:17:49):
First of all, Well, Linda, are you good with him
talking about everything?
Speaker 3 (01:17:55):
Linda?
Speaker 4 (01:17:55):
Are you good with him giving us details?
Speaker 7 (01:17:59):
Yes?
Speaker 3 (01:18:05):
Guy, I am guy, She said, yes, Okay, hold.
Speaker 13 (01:18:09):
On one second, okay, oh, all right, without being in
front of a computer. That vehicle that I don't know
what the what what she claims she paid for? You
know what, I should conference in one of my staff
that's at an office.
Speaker 3 (01:18:24):
But do you want to do that. We'll give you.
Speaker 4 (01:18:27):
Hey, we'll give you time. We'll give you time to
do that. Let's do that, guy.
Speaker 13 (01:18:31):
Well, i'm driving. I'm driving, so I'm actually hooked to
a trailer loading up a car that the old unit.
Speaker 5 (01:18:40):
Should we address it on car Friday tomorrow or a
little bit later.
Speaker 4 (01:18:44):
I want to know this here, Here's what I want
to know guy, without the details. Are you disputing first
of all, that the purchase price of five grand?
Speaker 13 (01:18:54):
I mean, honestly, like I said, the purchase price is
not five grand, Tom, Okay, the vehicle. The vehicle was
one hundred percent sold, as is I've gone to my paperwork.
Speaker 3 (01:19:06):
We have Well, we don't dispute that, okay, but how
much was it? How much was it?
Speaker 13 (01:19:14):
I believe the purchaseise is under four thousand dollars before
sales tax. We don't have.
Speaker 7 (01:19:18):
Dealer hands forty it was for five, okay.
Speaker 13 (01:19:23):
So i'll computer.
Speaker 16 (01:19:26):
But but I mean the facts that are some of
the facts that are being left out are the facts
that Linda, upon purchase took it to her own personal
mechanic in Idaho Springs.
Speaker 13 (01:19:39):
I believe, and had it inspect it. Who gave the
vehicle a clean bill of health?
Speaker 9 (01:19:43):
Well that that mechanic sex Now, No, they did not.
Speaker 4 (01:19:47):
It doesn't matter what happened. It doesn't matter. We're not
even talking about I agree it was as is. Who cares, guy,
I don't care. It was as is. The price was
forty one hundred.
Speaker 3 (01:19:59):
By the way, guys, ye okay, okay, she bought the car, she.
Speaker 13 (01:20:04):
Did whatever, go ahead. However, many few days later, however,
many few days later, she called insane, it needs an engine. Yeah,
the vehicle is actually financed by us. So she never
paid forty something hundred.
Speaker 3 (01:20:22):
I think she put she put twenty six hundred down.
Speaker 13 (01:20:26):
Okay, twenty six down.
Speaker 3 (01:20:28):
Twenty five hundred, my bad. Keep going.
Speaker 4 (01:20:30):
Well.
Speaker 13 (01:20:30):
The options at that time were, well, we could make
the repairs needed, which would be a replacement used engine.
You would need to pay half of that upfront, and
we could add half to the to the loan, or
you could return the vehicle. She adamantly, You.
Speaker 8 (01:20:48):
Never told me I can't turn the vehicle.
Speaker 13 (01:20:51):
Guy, Yes I did, Yes, I did, Linda. So she adamantly,
adamantly said, I can't return the vehicle. I have to
have a car I travel. I believe it was between
campgrounds or something for work. So we said, no problem,
bring it down, we'll have a fix. We gave we
(01:21:12):
will give you a car to drive for the duration
of the repairs, which I think took a couple of weeks.
We gave her a car to drive.
Speaker 7 (01:21:20):
It and month you had that.
Speaker 3 (01:21:22):
Let him finish, Let him finish, let him finish.
Speaker 13 (01:21:24):
Really, but in four months, Linda, you had a vehicle
to drive. Yeah, you were never inconvenient without a vehicle.
Speaker 3 (01:21:32):
No, I put her on hold, put her on hold.
On keep going, guy, Oh my god, just keep going.
We put her on hold. Go ahead.
Speaker 13 (01:21:41):
So we gave her car to drive for however many
weeks or months it was, go ahead, and we made
the repair. I wasn't happy with the repair. We did
it again. You know, the car drove great when it.
Speaker 16 (01:21:53):
Left our shop.
Speaker 13 (01:21:55):
It didn't leak oil, it didn't have whatever it is,
you know, something wrong with the turn or whatever this
shop is saying. I personally drove it. We drove it
to I live in color Up Springs, our stores in Denver.
I drove it down to Color Swings and back. I
had my staff driving, my service manager driving, because I
did not want problems with it, because I knew that
she travels for work.
Speaker 3 (01:22:16):
Okay, then what.
Speaker 13 (01:22:20):
Let me think?
Speaker 3 (01:22:22):
Can we got to take a break. I have no choice.
Speaker 4 (01:22:25):
Guy, I really appreciate it, and we're giving you every
opportunity to talk about each and every detail.
Speaker 3 (01:22:30):
We got more coming right up.
Speaker 4 (01:22:35):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.
Speaker 3 (01:22:39):
You don't pay a cent until you're content.
Speaker 4 (01:22:44):
Time for an insurance checkup free, no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three oh three seven seven
one help. You'll think you're his only customer when you
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your home with Remax Alliance three.
Speaker 3 (01:23:02):
Oh three nine two zero sixteen twenty two.
Speaker 4 (01:23:06):
All right, So we're discussing this deal with the Springs
Automotive Group with the owner guy, and he said that
Linda spent about forty one hundred on the car, but
only put twenty five hundred down and then we're going
to make payments and he had to add to that
part of the replacement engine. And then she was going
(01:23:27):
to pay cash for part of the replacement engine, but
she got a loaner to use the whole time and
then replace the engine.
Speaker 3 (01:23:35):
And that's where we left off.
Speaker 4 (01:23:37):
So what we're trying to figure out is do they
owe her anything because she took that car with that
replacement engine to North Dakota and broke down, and the
mechanic up there says the installation of that engine was deplorable.
He said it not only was a bad engine, but
(01:24:00):
it caused further damage to accessories to the turbo and
is costing her an additional twenty seven hundred.
Speaker 3 (01:24:08):
A guy, you can continue.
Speaker 4 (01:24:10):
You said you tested the car out and it was
in good shape.
Speaker 13 (01:24:13):
Go ahead, Oh well, I think the I mean, yeah,
we did. We put I want to say, hundreds of
miles two three hundred miles on the vehicle upon installation
and a drill find And honestly, I don't I don't
know what day she left for her trip after picking
it up, but I mean, I guess the fact is
(01:24:35):
we made the repair, and I believe the warranty, if
I'm remembering correctly, was a ninety day parts and thirty
day labor. I believe, And you know, I would have
to get some clarification on her documents that I have not.
Speaker 4 (01:24:51):
Seen more right, And you guys, and you guys, whoever
your warranty company has sent another engine to North Dakota.
Speaker 3 (01:24:59):
No one's disputing that she was willing. She was willing to.
Speaker 4 (01:25:04):
Pay even the labor to put that second engine in,
which was eighteen hundred. What she thought was unfair is
that there was an additional twenty seven hundred in damages
done by the previous engine.
Speaker 13 (01:25:20):
Yeah, I don't think those are facts. I mean to
be one hundred percent honest. Since Linda requested that I
get into all the details, she ever made a payment
to us since May the fourth, so she's currently ninety
days delinquent and the vehicle's out for repossession. I don't
think she was ever intending to pay a dollar. According
to the conversations I had when she threatened to own
(01:25:41):
the Springs Automotive Group and I would be working for her.
Speaker 4 (01:25:48):
Yeah, butN okay, guy, I am all frustration, man and
the guy. But you understand the reason she wasn't making
payments is because she didn't have a running car. I
get it, but I you're right if she's linquent and
it's out for repossession. The thing is, this woman just
spent money to get another engine put in her car
or was billed. I don't know if she actually paid it.
(01:26:10):
I don't know if she has any money to pay.
To be honest with you, I just want to bring
her up for a second. Linda, listen, go ahead, go ahead, guy.
Speaker 13 (01:26:21):
Well, I mean the point of it is is if
if she was owed something, we would do it. And
we've been doing this for seventeen years.
Speaker 3 (01:26:33):
You know the.
Speaker 13 (01:26:36):
Facts are, and I believe Linda will tell you that.
You know, there's a lot of unknowns that are not
being told here.
Speaker 4 (01:26:44):
So I mean, well, why aren't they being told?
Speaker 3 (01:26:48):
Why aren't they being told? Guy? Get tell them? What
are the unknown sir?
Speaker 13 (01:26:52):
Ask her like, what has she paid and what hasn't
she paid?
Speaker 4 (01:26:55):
And what we're taking you at your words. She hasn't
paid in three or four months. Okay, we get it.
She put twenty five hundred down and she's feeling you're okay,
so she owes you money. But do you guys feel
any responsibility for the twenty seven hundred dollars in damages
that this mechanic said that the previous engine did to
(01:27:17):
the accessories?
Speaker 13 (01:27:20):
Well, I mean it's not at our service facility, so
it's hard for me to know exactly what it is.
But I do find it hard to believe that installing
a youth engine could cause an additional twenty seven hundred
dollars worth of damage. Like, I just don't know how that, okay,
even possible. I mean, we've been doing this a long time.
We have ASC certified technicians, like you know, it's just
(01:27:43):
and guy.
Speaker 3 (01:27:45):
Guy.
Speaker 4 (01:27:45):
I can't vouch for the guy up there. I mean
that's what he told us. He sounded like a pretty
straight guy.
Speaker 13 (01:27:51):
But I can't vouch for him either.
Speaker 4 (01:27:53):
You know he did he did say he took photos,
and we have some of them. Would you be let
me ask you this, would you be willing to look.
Speaker 3 (01:28:00):
Into what he did? Well, it's in a different state.
Speaker 4 (01:28:04):
I'm talking about via photos and conversations. In fact, Guy, this,
this mechanic said he would be happy to talk to
any one of your technicians to explain what happened.
Speaker 13 (01:28:16):
I would definitely put him. I would talk to him,
or I would put him in touch with other people.
I'm not mechanically inclined, so he could tell me that,
you know, this bolt broke or whatever it is, and
I don't know that I would know exactly if that's I.
Speaker 9 (01:28:29):
Think that's a good start, but I want to readdress
one thing.
Speaker 3 (01:28:33):
Guy. You know, there still is this fact.
Speaker 9 (01:28:35):
I understand you sold it as is, but you guys
sold a car that the entire engine needed to be
replaced in three days, and it's been a living nightmare
for this woman since.
Speaker 1 (01:28:49):
Well.
Speaker 13 (01:28:49):
I don't know about the three days. I do know
that she took it immediately from our service department, as
recommended by us, to a service facility to have it inspected,
and at that point we gave her the option of
returning the vehicle upon inspection.
Speaker 4 (01:29:04):
Linda, Linda, do you recall being able to return that car?
Speaker 3 (01:29:10):
Linda, No, no, no, no, Here's what Tom.
Speaker 9 (01:29:14):
Hold on, Linda, Tom, here's what Guy just said, and guy,
correct me if I'm wrong. Before she signed the paperwork
and purchased it, she took it to a mechanic to
look at it.
Speaker 3 (01:29:24):
Then she bought it. No, he didn't say that. They
didn't say that she.
Speaker 13 (01:29:30):
Did that afterwards.
Speaker 3 (01:29:31):
Yeah, he bought the.
Speaker 13 (01:29:32):
Vehicle late at night one night, and she lives, I
believe in I'm the host Springs area. And so the
next day she was to take it to her mechanic
to get inspected, and I believe she did that.
Speaker 4 (01:29:44):
And then you gave her the option if she didn't
want to keep it to bring it back.
Speaker 3 (01:29:48):
I did.
Speaker 7 (01:29:49):
I did.
Speaker 8 (01:29:50):
No.
Speaker 11 (01:29:51):
No, I have a friend that came in with me
to discuss this. He's from Pueblo, and I was never
given the option to return the car. I would have
done that in a New York minute.
Speaker 3 (01:30:10):
Well, Linda, I'm going to tell you that right now,
you're in a bad way.
Speaker 4 (01:30:17):
Okay, Unfortunately you're on the hook for all of this,
and he's got a sale to you.
Speaker 3 (01:30:25):
Is it?
Speaker 4 (01:30:25):
Is it a good deal? No, it's not a good deal.
I mean it's terrible. But how much money, Linda, I
want to know this, no exaggeration. Are you actually out
of pocket right now. I mean out of pocket, not
what you owe. What are you out of pocket?
Speaker 11 (01:30:47):
That's a hard question, Tom.
Speaker 7 (01:30:50):
Because no it's not.
Speaker 4 (01:30:52):
It's not a hard question at all. How much did
you put down on the car? How much payment? How
many payments have you made? What are you out on
this car? It's called math? How much are you out?
Speaker 11 (01:31:05):
The selleive you did not.
Speaker 4 (01:31:08):
Pay forty nine? You put twenty five hundred down? How
much cash are you out of pocket?
Speaker 11 (01:31:17):
Okay, I financed the balance.
Speaker 3 (01:31:19):
I'm not asking what you financed.
Speaker 4 (01:31:21):
I am asking you how much are you out of cash?
Out of pocket invested.
Speaker 3 (01:31:29):
In this car? Right now? Let's let her add it
up over the break. We got a break, Linda.
Speaker 4 (01:31:39):
That's got you got to give me an answer, because
I have a strategy you're not going to like, but
it's the only option you have. I want to know
how much money you're out in cash, in actual cash,
not in promisory notes, not in loans, not in repair bills,
in cash, and I will have an option for you
(01:32:00):
to get out of it.
Speaker 3 (01:32:01):
Coming up.
Speaker 4 (01:32:07):
Go with a sure thing Denver's Best roofer Excel roofing
dot com. You don't pay a cent until you're content.
Time for an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three o three seven
to seven to one help. You'll think you're his only
(01:32:29):
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
three nine two zero sixteen twenty two. YouTube morons, You
don't You shouldn't be nicked just because you disagree with Mark.
I'm totally against it. Mark sounds like Zuckerberg now or
uh Elon Musk or all these other tech techies. So
(01:32:56):
no one should be put in time out unless they
see something bad about let's.
Speaker 10 (01:33:02):
See our listeners should know you're talking about our youtubbs.
Speaker 3 (01:33:06):
Yeah, I'm talking about comments.
Speaker 4 (01:33:09):
Mark puts people, He kicks them offeet if it doesn't
like what they.
Speaker 3 (01:33:12):
Say, even if they say something nice about him. Tom,
that's just like being a youth.
Speaker 4 (01:33:16):
That's like being a social a social media nazi.
Speaker 3 (01:33:21):
Anyway, here's what I need to tell.
Speaker 4 (01:33:25):
I really want to talk to Linda and help her,
but I don't want to keep going back and forth,
because really, honest to.
Speaker 3 (01:33:30):
God, there is really only one way out of this.
Speaker 4 (01:33:33):
There really is, and I hate to put it this way,
but there is only one way out of this. But
I need to know how much Linda has actually paid,
not what she owes and not what she has builled.
How much have you actually paid with down payment on
the car or any maintenance on this car. I'm not
counting traveling to North Dakota that you would have to
(01:33:55):
do anyway. I'm not talking about gas. I'm talking about
this car. How much have you paid?
Speaker 11 (01:34:02):
I'm out of pocket right now? Ninety one hundred.
Speaker 3 (01:34:06):
No you're not, and no you're not. You have not paid.
Speaker 4 (01:34:10):
Okay, delineate that for me. Tell me, tell me what
you've spent.
Speaker 11 (01:34:13):
Go ahead, Okay, I put twenty five hundred down, got it?
I made I made four payments of three hundred, so
that's thirty seven hundred. I skill ow them two payments.
Speaker 4 (01:34:28):
I'm not asking you what you owe. I am asking
you out of pocket. You have not spent nine thousand,
one hundred dollars. How much have you spent on this car?
Speaker 11 (01:34:45):
I'm telling you it's nine hundred dollars.
Speaker 4 (01:34:48):
Okay, Okay, keep going then you got to thirty seven hundred,
which I'll grant you.
Speaker 3 (01:34:52):
You made three payments plus the down payment. What else?
Speaker 11 (01:34:57):
Then the forty eight hundred for the engine?
Speaker 3 (01:35:00):
You didn't pay that yet?
Speaker 7 (01:35:03):
Yes?
Speaker 3 (01:35:03):
I did? Oh you did, he said you.
Speaker 4 (01:35:06):
Okay, forty one hundred, Go ahead, okay, forty one hundred,
thirty seven hundred.
Speaker 7 (01:35:11):
Forty.
Speaker 4 (01:35:13):
You you actually paid in full that forty one hundred, right,
the forty eight The forty eight hundred, I thought, he said,
you put some of that on a loan.
Speaker 9 (01:35:24):
He said, she paid fifty percent, and then fifty percent
was tacked down to the in house loan.
Speaker 3 (01:35:30):
Bring up guy again, guy, did she pay one hundred
percent for that engine?
Speaker 11 (01:35:35):
No?
Speaker 13 (01:35:35):
Am I on the air? Yes, No, I actually have
my staff added up exactly what we have collected, and
I can delineate each.
Speaker 3 (01:35:45):
Receip Go ahead, go ahead, and tell me guy, go ahead.
Speaker 13 (01:35:48):
The total that we have collected is four thousand, seven
hundred seventy nine dollars and ninety four cents, and I
can go through each one of those teaments.
Speaker 3 (01:35:58):
Go ahead, go ahead, go through it.
Speaker 13 (01:36:00):
Go here right okay, quickly fire okay. So twenty five
hundred was collected on Mark.
Speaker 4 (01:36:07):
Now, you don't have to give me details. Don't give
me details. Twenty five hundred down?
Speaker 3 (01:36:11):
What else?
Speaker 13 (01:36:13):
Six hundred dollars cash upon repair of the vehicle on
a go ahead? Now six hundred tour.
Speaker 4 (01:36:20):
Again, you don't have to go into details. Please keep going.
Speaker 13 (01:36:24):
Eight hundred dollars on April to third on a credit card, okay.
One one hundred dollars on April. The third car payment
April fifth, two eighty nine ninety seven, okay, a short
car payment for two hundred dollars on April to fifth.
Speaker 3 (01:36:44):
Okay.
Speaker 4 (01:36:44):
So if you take all that money you said you collected,
and then you add to it the money okay. So Linda,
he's coming up with about four grand. Where are you
getting the.
Speaker 3 (01:36:54):
Rest of that?
Speaker 13 (01:36:56):
This should be good.
Speaker 11 (01:36:57):
He did he did not. He did not pay for
half of that engine. And add it on, I have
no paperwork? Whatsoever?
Speaker 3 (01:37:06):
Did you pay it? Did you pay it? Linda?
Speaker 4 (01:37:09):
Oh? Yeah, well how'd you pay it?
Speaker 3 (01:37:12):
How'd you just need to get receipts from her? At
this point? Something?
Speaker 4 (01:37:15):
No, I'm not going to do it because her numbers
aren't making sense. When math doesn't make sense, people don't
make sense. Here's what I'm going to tell you to
do Linda. Okay, I'm serious. Now leave the car where
it is in North Dakota. That guy is going to
put a mechanics lean on it and sell it because
there's no way that Springs Automotive Group who is going
to retrieve that car. It's not worth it to them,
not even to repossess it. That guy up there will
(01:37:37):
get paid, but you have to tell him you're not
going to pay it. Then these guys that Springs are
going to come after you for the balance of the loan.
Speaker 3 (01:37:44):
You need to declare.
Speaker 4 (01:37:45):
Listen, Linda, I'm telling you the truth. You need to
declare a bankruptcy. There is no way out of no no, no.
Guy was saying something.
Speaker 3 (01:37:52):
Go ahead, guy Tom.
Speaker 13 (01:37:55):
I will you know what after all of this, I'm
not coming after the DEFIICI and see balanced. I mean
you know, I mean, like you said, I don't. I
feel like we did everything that we told Linda we
were going to do. Plus we went above and beyond
and she was never inconvenience other than having to come
down and pick up a different loaner car.
Speaker 3 (01:38:16):
Well, if he's not, that's all I can ask of them.
If they're not going to come after.
Speaker 4 (01:38:20):
Any more money, and you're paid in full, Linda, then
what you need to do.
Speaker 3 (01:38:24):
Is either do a bankruptcy or take that car.
Speaker 4 (01:38:27):
And pay the guy up in North Dakota. We we
really can't spend any more time on this, Linda. I'm sorry.
We've done the best we can, but you're not completely straight,
and you've also made every single mistake you can make. Now,
I'm not saying that you were one in the wrong,
but this guy said, look, I'm gonna walk away. Just
(01:38:47):
just good luck to her.
Speaker 3 (01:38:49):
We're we're done with this. We have more coming up.
Speaker 4 (01:38:56):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.
Speaker 3 (01:39:00):
You don't pay a cent until you're content.
Speaker 4 (01:39:05):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the Real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two.
Speaker 3 (01:39:28):
Hi, I'm Tom Martino.
Speaker 4 (01:39:29):
Okay, so I want to go back to Guy, the
owner of Springs Automotive Group.
Speaker 3 (01:39:35):
Go ahead, Guy, go ahead.
Speaker 13 (01:39:38):
Well, I was just uh, I was just thinking, like
you said, you know, how how does this steal end?
And is there anything we can do? You know, we
definitely are not going to uh pick up the vehicle.
The least I thought I could do is uh, you know,
not go after any collections or you know, anything like that.
(01:40:00):
She doesn't need to file bankruptcy because of a thirty
five hundred dollars ballance, too, I think is what's due.
Speaker 4 (01:40:08):
And that's and that more than makes up for the
so called damage. Even if that the first installer did damage,
it more than makes up for that. That's all I
would have ever asked, and I thank you.
Speaker 13 (01:40:21):
I'd like to go one further because for two reasons.
One because we've been doing this a long time, almost
seventeen years. I mean we have I think over three
thousand reviews and a four point nine rating. I mean,
it's definitely not our intention, like I believe one of your.
Speaker 4 (01:40:38):
Okay, so go ahead in the interest of time, because
I want you to get it in before the end
of the hour.
Speaker 3 (01:40:42):
Go ahead.
Speaker 13 (01:40:43):
Well, I know, but we have plenty of time to
talk bad about Springs Automotor Trove, So I'd just like
to talk good for a second.
Speaker 4 (01:40:48):
And what I'd like, Yeah, and that's what I'm trying
to get you in before the end of the hour.
Speaker 13 (01:40:52):
I'd like to give Linda the title to the car
so that if she can negotiate selling it in Nebraska
or North Dakota or wherever it is.
Speaker 3 (01:41:00):
Oh wow, I to recuce.
Speaker 13 (01:41:02):
Some of the money, you know, because there's no sense
in the mechanic selling that car for I do at
all thousand and two, three thousand whatever. It's worse with
a new engine sitting right there next to it or
a used engine.
Speaker 4 (01:41:17):
So I think that's wonderful. I really think that's wonderful.
And I do appreciate it.
Speaker 3 (01:41:22):
I really do.
Speaker 4 (01:41:23):
And I want to apologize for anything I said about about.
Speaker 3 (01:41:26):
You guys, because.
Speaker 4 (01:41:27):
You're right, there was way more of the story Springs
Automotive Drift.
Speaker 3 (01:41:30):
Thank you. I really do appreciate it, guy.
Speaker 4 (01:41:33):
And I'll make a note of that to mention it
more than one since we brought this caller up a
few times. Okay, you have my word on that one.
And again I want to take Mike as a comment
on how I handled it.
Speaker 3 (01:41:46):
Oh, he might hung up, okay.
Speaker 4 (01:41:48):
Three oh three seven one three talks seven one three
eight two five five. Again the guy came through. Look,
she made mistakes. There's a cost to that. So we're
just gonna have to call this good. Three oh three
seven one three eight two five five.
Speaker 3 (01:42:08):
Are we are we out? Oh?
Speaker 4 (01:42:10):
No, we're going out right now. I was wondering because
I was looking at the clock and I might have
been uh miss timed here a little. Okay, so uh
get your calls in for the next hour. We got
Brad O'Brien with US O'Brien Legal Services. If you need
help or information on real estate issues, that's olslaw dot com.
(01:42:38):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.
Speaker 3 (01:42:42):
You don't pay a cent until you're content.
Speaker 4 (01:42:47):
Time for an insurance check up, free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only custom
when you choose Frank durand the real estate Man dot
com to list your home with Remax alliance three all
three nine two zero sixteen twenty two.
Speaker 1 (01:43:08):
Yeah, ripped up.
Speaker 2 (01:43:15):
New need advice, So you don't have.
Speaker 1 (01:43:20):
Come running. Just as fast as we can.
Speaker 2 (01:43:24):
Show Shooter's gonna help come man.
Speaker 3 (01:43:28):
Dix is the Troubleshooter Show.
Speaker 4 (01:43:30):
Now, Tom Martino, Hi, Tom Martino here, Welcome to the show.
Three oh three seven one three Tom three oh three
seven one three eight two five five. We are here
to help you solve problems, answer questions, take complaints, and
make your life a little easier. And uh man, we're
trying to do everything we can. Now I'm gonna go
(01:43:51):
back to Betty and I'm so sorry we had to
delay that.
Speaker 3 (01:43:54):
We had this problem with the used.
Speaker 4 (01:43:58):
Car purchase that we tried to get through. And Betty
said that let me where she left off. She has
two sons fourteen and fifteen, with mental health issues, and
go ahead, I'm sorry, Betty, go ahead.
Speaker 3 (01:44:15):
What's going on?
Speaker 8 (01:44:18):
So?
Speaker 17 (01:44:19):
Like I said, I've been trying for years and years
to try to get my son help.
Speaker 4 (01:44:27):
Try to get help. Do you have health insurance? Are
you on Medicare? Are you on Medicaid? Are you on
tell me what's going on with that? Do you have insurance?
Of any kind.
Speaker 8 (01:44:39):
I do have insurance.
Speaker 17 (01:44:43):
Part of it is, like I said, there's an age
thing that usually symptoms don't show up until you know,
closer to eighteen.
Speaker 4 (01:44:52):
So are you telling me that you were denied help
for these boys?
Speaker 17 (01:44:57):
Well, essentially, yes, I have been trying. And then the also,
once you are fifteen, you get to make your decisions
for your mental health, regardless of your parents.
Speaker 11 (01:45:13):
So my son chose.
Speaker 17 (01:45:14):
To refuse the little bit of help we did get
with therapy.
Speaker 4 (01:45:20):
And wait a minute, a minute, wait a minute. You're
telling me that a fifteen year old can refuse.
Speaker 8 (01:45:27):
Help, Yes, and their medication.
Speaker 5 (01:45:32):
A fifteen year old, Yeah, they have more rights than
you think, Tom, I learned that.
Speaker 17 (01:45:38):
Fifteen and at thirteen, their voice matters. So now my
oldest is not in my home partially because of his voice.
Speaker 3 (01:45:49):
So your fifteen year old has been removed from the home.
Speaker 8 (01:45:54):
Correct in December.
Speaker 4 (01:45:56):
And partially because of what he was saying. What was
he said saying?
Speaker 17 (01:46:01):
Well, what originally happened was in October, my son did
a lot of damage to my home in his bedroom,
lots of holes, and I unfortunately had to call the
police on him. This isn't the first time he has
caused damage or attacked myself or his brother, and they
(01:46:28):
charged him with criminal mischief and brought him back to
my home and we started him on with court stuff.
And then in December he again did a bunch of
damage to my home and that's when.
Speaker 8 (01:46:44):
He was removed.
Speaker 17 (01:46:46):
And the criminal mischief case was still around for a
little while, but then they decided to change it to
a DNN, which is dependency and neglect on me?
Speaker 4 (01:47:00):
And can can kids at fifteen refused regular health care
or just mental health care?
Speaker 8 (01:47:08):
I believe it's.
Speaker 17 (01:47:09):
Just mental health care. I've never had a problem with
them going to the doctors for their physicals, but I
think they can technically deny everything.
Speaker 3 (01:47:20):
But I could be wrong, And why were you?
Speaker 4 (01:47:24):
Why was this case turned into dependency and neglect?
Speaker 17 (01:47:31):
Over the years, we have definitely had some problems, and
I will admit that a year and a half ago
and before, I did drink more than I should have,
but I got, you know, nothing that ever put my
children in danger. But when rolling or sorry, when my
child you know, would run away or something, you know,
(01:47:54):
they'd come in and they would ask you, you know,
if there's any drugs or alcohol, and I'd be like.
Speaker 3 (01:47:58):
Well, well both boys, we're both boys taken away?
Speaker 17 (01:48:03):
Uh my newest, my youngest one was basically coerced to
run away, and now he's being harbored as a minor
with someone, so I haven't had him.
Speaker 3 (01:48:16):
That means what does that mean?
Speaker 4 (01:48:17):
Harbored as a miner with someone? What does that mean?
Speaker 17 (01:48:22):
It means someone, an adult is keeping my child without
my permission?
Speaker 3 (01:48:29):
Okay, And did you call the police about that?
Speaker 17 (01:48:33):
I have, and they are very unhelpful because of everything
going on with DHS.
Speaker 4 (01:48:40):
So, in other words, they don't think you're a good mom.
Just say it like it is right, pretty.
Speaker 17 (01:48:45):
Much, even though I have, they didn't have enough evidence
to request UA's or anything. And I finally, with my lawyer,
said let's do UA's. I got nothing to hide. I'm
tired of all these lives. I mean, there are some
really ridiculous lies being said about me.
Speaker 4 (01:49:04):
And so are they trying to take both boys from you?
Speaker 8 (01:49:10):
It seems that.
Speaker 17 (01:49:11):
Way up until Saturday, they never had any intentions of
taking my younger son away.
Speaker 4 (01:49:17):
And you know, do you know who the person is
that has your younger son?
Speaker 3 (01:49:22):
Is it a friend?
Speaker 17 (01:49:24):
It is a family member of his? On a family
member of his and.
Speaker 3 (01:49:32):
They are on the one one on the dad's side. Correct. Okay,
what family member a sister? Is it? Your dad's mom?
Who is it? I mean his dad's mom, who isn't?
Speaker 8 (01:49:44):
Yes?
Speaker 3 (01:49:45):
Their grandma, their grandma.
Speaker 4 (01:49:47):
Okay, so their grandmother is keep there is keeping the
fourteen year old.
Speaker 3 (01:49:51):
The fifteen year old is wares in custody.
Speaker 17 (01:49:55):
He's with a kinship friend of a family, and.
Speaker 4 (01:49:59):
He placed there by the courts.
Speaker 7 (01:50:02):
Correct.
Speaker 4 (01:50:03):
Okay, so you're pretty much screwed right now. I mean
they're they're pretty much gunning for you.
Speaker 17 (01:50:10):
Uh yes, And I mean I have I have proof
that these these allegations are false like that.
Speaker 4 (01:50:18):
And that's what court's for. Hold on, that's what's court.
The court is for proof.
Speaker 17 (01:50:24):
Yeah, and we've given them all of it. Yet they're
still looking at me like I'm this horrible child.
Speaker 3 (01:50:30):
Well, let me ask you.
Speaker 4 (01:50:32):
Let me ask you, Betty, when was your When was
did you actually go to court?
Speaker 8 (01:50:39):
We go every month?
Speaker 3 (01:50:41):
What do you mean you go every month? Never heard
of that? What is that for?
Speaker 17 (01:50:44):
It's an active going court.
Speaker 4 (01:50:47):
But normally I never heard of every a month? What
is the every month thing? What is that all about?
Speaker 17 (01:50:53):
Since DHS is involved. We have to meet monthly with
updates on progress because DHS comes to my house.
Speaker 3 (01:51:04):
They so they have not terminated your parental rights.
Speaker 17 (01:51:09):
No, but they wanted to. Was it August it was
either the July. It was the July hearing with my
older son has court ordered you know, therapy that he's
supposed to be doing with me, and he's refusing it,
(01:51:32):
and they don't seem to care. And they wanted to
put permanency on my son after six months with none
of us doing anything, which we of course objected to.
And so now there's a new plan. But we're still
waiting because.
Speaker 3 (01:51:50):
Where is your husband and all this or the biological dad.
Speaker 8 (01:51:54):
Biological dad is part of this.
Speaker 3 (01:51:59):
But are you guys together or not?
Speaker 8 (01:52:05):
No? No, he has a he has a new wife and.
Speaker 3 (01:52:08):
All that he does. He want custody.
Speaker 4 (01:52:13):
No, m H does anyone is anyone trying to get custody?
Speaker 8 (01:52:20):
I believe kinship is for my oldest son.
Speaker 3 (01:52:27):
So they don't want both of the boys together.
Speaker 17 (01:52:32):
Well that's what my younger son is trying to do.
He according to you know what happened this past Saturday
and him giving off a bunch of lies because of
what happened. He wants to have his guardianship changed.
Speaker 3 (01:52:53):
From from grandma to me.
Speaker 8 (01:52:56):
No, I have guardianship. He's just not with me.
Speaker 3 (01:53:00):
I see. Hold on, who does he want? Who does
he want to be with?
Speaker 8 (01:53:05):
He wants to be with his brother.
Speaker 4 (01:53:07):
Okay, Now does the person with the brother want him
to do?
Speaker 3 (01:53:11):
They want both?
Speaker 10 (01:53:13):
Well?
Speaker 17 (01:53:14):
I feel like they would, but I get weekly check
ins and as of you know, the last weekly check in,
they work together for two days and they said it
was great bonding this and that, but definitely, you know,
with time to have their break because they started getting
(01:53:35):
heated because they clash very much, and they my oldest
son has assaulted my youngest So they go through these
phases like just last Friday.
Speaker 4 (01:53:48):
Is someone I'm going to ask this again in a
more clear fashion, is someone trying to get custody of
both of them together?
Speaker 17 (01:53:57):
Not as of yet, but I believe that's the next.
Speaker 4 (01:54:00):
Okay, And is everyone accept you in agreement like the
boys and whoever wants custody.
Speaker 17 (01:54:10):
Since the younger son, it's not processed yet, that's not
fully but everyone else is besides me.
Speaker 13 (01:54:17):
And my lawyer.
Speaker 4 (01:54:19):
But I'm asking you if the boys had their way.
Would they want to be with someone else?
Speaker 17 (01:54:28):
It depends on when you ask them. Okay, it depends
on their mood and whether or not I've said no
to something.
Speaker 3 (01:54:36):
Yeah.
Speaker 4 (01:54:37):
And where does Social Services stand in all of this
right now? Or health and Human services, whatever you call it.
Where does the government stand right now? Where's your case stand?
Are they having these monthly updates with the hope of
you getting the boys back? Or are they trying to
determine if they should be permanent?
Speaker 8 (01:54:56):
Right now?
Speaker 17 (01:54:57):
It is to get my boys back to me, but
nothing is being actually done to get that to happen.
Speaker 3 (01:55:06):
Well, you have an attorney, So what does your attorney
say will happen?
Speaker 17 (01:55:12):
They are looking into DHS and everything right now. They
told me to report the runaway and harboring of a minor.
I tried to get my younger son back on Monday
with assist I you know in this, you know I
your attorney?
Speaker 3 (01:55:30):
How are you affording an attorney?
Speaker 17 (01:55:33):
Thankfully, this is the only blessing that has come out
of this. The judge did grant the fact that I
absolutely need an attorney, so it's it's paid through by
the court. Otherwise I would not have one.
Speaker 4 (01:55:49):
Got it, you know, Betty, other than just listening to
your attorney and going through the system, what were you
hoping we could do.
Speaker 17 (01:55:59):
I know that you know, dhs and courts and everything
wrongfully take children out of homes because.
Speaker 4 (01:56:10):
Very seldom, very seldom did they wrongfully do it. But
every now and then they get it wrong. Yeah, every
now and then.
Speaker 8 (01:56:17):
And and I just I feel hopeless. I mean, I've
tried to, you know, give them everything they want.
Speaker 17 (01:56:26):
I'm abiding by everything I'm trying to.
Speaker 8 (01:56:30):
You know, We're going to therapy all the time.
Speaker 17 (01:56:33):
Yet they're not budgeting, and I don't know if there's
more I can be doing to self advocate to get.
Speaker 4 (01:56:43):
Yeah, there is, actually and if people would actually, if
people would actually get me listen to me now and
then I think they would make a lot of progress
in this area.
Speaker 3 (01:56:55):
Hold on, I'll come back to you.
Speaker 4 (01:56:57):
I'm also going to take Eric who was on the
other day, and all of your calls coming up. We
have Bred O'Brien O'Brien legal services as well, and somebody
wants to talk about there's some landlords asking about the
just cause lease or lease provision in the law, which
is a relatively new law. All of that right after
this on the Troubleshooter Show. Three o three seven one
(01:57:20):
three eight two five five waterpros dot net. You want
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(01:57:41):
roofer Excel Roofing dot com.
Speaker 3 (01:57:43):
You don't pay a cent until you're content.
Speaker 4 (01:57:48):
Time for an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
to seven to one help. You'll think if you're his
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two.
Speaker 3 (01:58:15):
Hi Tom Martinez, you're a troubleshooter.
Speaker 4 (01:58:17):
Three oh three seven one three talk seven one three
eight two five five Betty, I'm gonna go over some
stuff with you, and again, there's nothing we can do
to change this process at all ever, but there is
something I can tell you that happens every single time. Okay,
every single time. I'm just going to go through this
with you. Every single time there's a dependency and neglect,
(01:58:38):
a parent will call me. Now I'm going over forty
five years of a career. A parent will call me
and tell me why it's not valid, or tell me
what were the extent you in circumstances, or tell me
how unfair Social Services is being or how deficient they
are in their process, and proceed. By the way, I'm
(01:59:01):
not putting you down. I'm not saying all those parents
are wrong either. I am telling you that you are
exactly the same as every single parent. I have never
had a parent call and say I lost my kids.
I deserved it and I want to get them back.
But I'm going to tell you a game that is
unfortunately played now. There are some people that should lose
(01:59:22):
their kids. There are some people that maybe shouldn't. But
I will tell you this, in all of my years
of looking into this, and you can take it to
the bank, I have no vested interest in this whatsoever.
Speaker 3 (01:59:32):
As far as lying to you, the Division of Human Services.
Speaker 4 (01:59:39):
They do not want children, They do not want to
break up families. They don't want to displace kids. They
do not want it. They do not The last thing
in the world they want is for that to happen.
They now people think, oh, like you even mentioned they
like to take kids, or they take carekids, or they
(02:00:00):
they don't like it, they hate it, and they do
everything they can to keep the parental rights intact. Sometimes
over the years, what I have found is the parents
are so hell bent defending themselves and fighting that it
takes longer to get their kids back than if they
said this. We may or may not agree that I
(02:00:23):
needed to lose my kids, but you apparently felt serious
enough that you did it, and I appreciate that you're
looking out for their well being. Just help me work
toward the steps of getting them back. I will do
whatever plan you propose to get my children back.
Speaker 17 (02:00:40):
Now I have said all of that, we got it.
Speaker 4 (02:00:43):
Okay, Okay, you've actually said, I'd like to have an
action plan to get my children back, and I'm willing
to do any in all things.
Speaker 3 (02:00:50):
That you recommend.
Speaker 17 (02:00:52):
I have said it since day one. I have said
it in court.
Speaker 8 (02:00:57):
I have always said, and what do.
Speaker 3 (02:00:59):
They say, No, Well, Betty, we refuse to give your
kids back. Is that what they say? What do they
say when you.
Speaker 17 (02:01:04):
Say that, they tell me that I'm doing everything I'm
supposed to do.
Speaker 3 (02:01:09):
Get it up, excellent? How long? How long has this?
Speaker 4 (02:01:15):
When was was the dependency and neglect actually ruled?
Speaker 3 (02:01:20):
When? When when did they charge you?
Speaker 17 (02:01:24):
That was November December?
Speaker 8 (02:01:28):
December?
Speaker 4 (02:01:29):
So we're coming up on the fall. Okay, so you've
been going through this for about eight months, right?
Speaker 12 (02:01:39):
Correct?
Speaker 3 (02:01:40):
Okay?
Speaker 4 (02:01:41):
When do they say or your attorneys say, the timetable
is for getting your children back if you did everything correctly.
Speaker 17 (02:01:50):
We need to go through family therapy before anything can change.
And my son is refusing it, and so it's a
way to games.
Speaker 4 (02:02:00):
And now the fifteen year old is refusing it correct
And why is that?
Speaker 17 (02:02:09):
Considering I rarely talk to him. I can only assume,
and my thought process is if we go through the therapy,
then there's a good chance he has to come home
with me, which means he doesn't get to live like
a only child anymore, and he doesn't.
Speaker 8 (02:02:29):
Get his How many kids?
Speaker 3 (02:02:31):
How many kids do you have?
Speaker 7 (02:02:33):
Two?
Speaker 17 (02:02:35):
I gave a child up for adoption, and I do
have a stepdaughter, but she's older and I have grandchildren
from her.
Speaker 3 (02:02:44):
Are they living with you.
Speaker 17 (02:02:47):
No, only my only my two youngest ones. The rest
are all over eighteen.
Speaker 3 (02:02:53):
Okay, all right, your grandkids are over fifteen?
Speaker 17 (02:02:58):
No, no, my my grandkids are less than a year
and nine.
Speaker 4 (02:03:05):
Okay, So your son fifteen, you feel doesn't want to
come home, and that's why he's delaying the process?
Speaker 8 (02:03:15):
Correct?
Speaker 3 (02:03:19):
And what is social services doing about that?
Speaker 17 (02:03:26):
The last court we then had a meeting to discuss
therapy and get it in planned because you know.
Speaker 4 (02:03:36):
What are they doing about it? Are they are they
compelling him? Did they tell him he had to go
to counseling?
Speaker 17 (02:03:42):
It was court ordered, but he's refusing and he legally can.
Speaker 3 (02:03:47):
Do that, yes, and sure can, And well then what
good is the court order?
Speaker 6 (02:03:54):
I'm not sure, Tom, But they can refuse.
Speaker 3 (02:03:57):
There's certain things they can refuse in Colorado. I mean
I can't. I don't think they can tie him down
for counseling.
Speaker 17 (02:04:03):
Right, this, this is part of the problem. And you
know it's it's just basically on hold, no matter what.
And he finally agreed to do a little bit of
time with me, but so far we haven't actually that's
been agreed upon, but it also hasn't been put in
(02:04:24):
place at all, and we're going on over a month
of that, and.
Speaker 3 (02:04:30):
What does your attorney tell you to do?
Speaker 17 (02:04:36):
We just, unfortunately, we keep you know, disputing things, and
you know.
Speaker 3 (02:04:41):
Trying to what do you mean?
Speaker 4 (02:04:43):
See hold on, what does that mean? You keep disputing things?
What what are you disputing? That's the point I'm trying
to make. You said you weren't disputing anything.
Speaker 3 (02:04:52):
What are you disputing?
Speaker 17 (02:04:54):
Well, we're I'm just disputing some of the false DHS
allegations that are being called because I have DHS coming
out to me with new accusations.
Speaker 3 (02:05:05):
What are the accusations?
Speaker 4 (02:05:06):
See, Betty, you told me that you accepted everything they
said and would do whatever it takes. So tell me
what you're disputing. Just get to that part. I don't
need the story. Just what are you disputing?
Speaker 17 (02:05:18):
I do not walk around naked in front of my children.
I do not have sex in front of my children.
I do not give them drugs. I do not do
any of those things that I'm being accused of doing,
which is outwing.
Speaker 3 (02:05:31):
And who's accusing you of these things? Who's accusing you
of these things?
Speaker 17 (02:05:35):
Well, of course they're all anonymous, But I can you know,
I can assume it could be kinship, It could be
that side of the family. It could even be my
children to get their way.
Speaker 3 (02:05:47):
Betty.
Speaker 4 (02:05:47):
This also when you tell them, when you tell them,
I acknowledge the problems and I need to know a
plan to work through it.
Speaker 3 (02:05:57):
And what do I need to do?
Speaker 4 (02:06:00):
What do they except for these?
Speaker 3 (02:06:03):
Is that what you say? Except for this, this, this, this,
and this? What the point of getting right?
Speaker 17 (02:06:09):
They have requested me do individual therapy, which I was
already doing, stay on my medication, which I was already doing,
complete probation from a year and a half ago, which.
Speaker 8 (02:06:21):
Was already done and sealed.
Speaker 17 (02:06:24):
They want me to do family there.
Speaker 4 (02:06:27):
So you're doing everything that you If you do everything
they if you do everything they request, you should be
getting your children back eventually.
Speaker 3 (02:06:36):
Betty. The scope of the.
Speaker 17 (02:06:39):
Accusation says no, they they can absolutely take them away
just because my fifteen year old decides not to.
Speaker 3 (02:06:47):
I know that's true. Yeah, that's true.
Speaker 17 (02:06:50):
Like I said, I'm doing voluntary uas because I have
nothing I know.
Speaker 4 (02:06:55):
But but Betty, this isn't Do you understand this is
an unsolvable problem. The words, unless you reconcile with your kid,
unless this can be done, and maybe it can't be.
And I understand that. And if it can't be, it's
an unsolvable problem. It's not a problem that's going to
be solved. It's literally unsolvable that you must move on.
Speaker 17 (02:07:16):
Sometimes my right can't be can't be heard, and and well.
Speaker 4 (02:07:22):
There they are being heard. But so is your so
is your boy. And I'm telling you, whether or not
we agree, that's the system we live in.
Speaker 3 (02:07:31):
It is, and and the system we live in, what's
we we have to end? Betty.
Speaker 4 (02:07:40):
I wish there was something we could do well. No,
actually most states are getting this way. But I will
tell you if your boy wanted to be a girl,
he could, Okay, and you would have no say in it, Okay.
I mean so the fact that your boy, so, if
he can desert to decide that, certainly he can decide
where he wants to live or why you're not a
(02:08:02):
good parent. Now obviously they're not charging you with anything,
so but but they are listening to him. I don't
know if anyone has suggestions for her. I have absolutely
no suggestions for her, because these systems work a certain way,
and if the kid doesn't want to live with you,
there's nothing you can do to make that happen. That's unfortunate.
(02:08:23):
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Speaker 3 (02:09:16):
All of their prices are on there for everything they do.
No one else does that.
Speaker 4 (02:09:19):
Hey, Brad O'Brien on the just cause a landlord wants
to know, do I just evict because I think I
have a reason and leave it up to a tenant
to challenge me.
Speaker 3 (02:09:34):
Are there any penalties for doing that?
Speaker 4 (02:09:37):
Somebody and somebody else asked, where do they get a
list of acceptable causes?
Speaker 3 (02:09:41):
So two different questions.
Speaker 6 (02:09:45):
Well, the causes are in the statute, can look them up.
Speaker 4 (02:09:48):
Okay, So there are causes in a statute. But what
if they're like Hazier in between? I mean, I imagine
they can't have every single instance.
Speaker 6 (02:09:57):
It's pretty clear it is.
Speaker 5 (02:09:58):
You can't not renuce unless you have you meet one
of the exceptions.
Speaker 4 (02:10:02):
So it has to be one of those specific Give
me an idea of an exception.
Speaker 6 (02:10:07):
Okay, landlord wants to sell.
Speaker 4 (02:10:09):
Okay, so you're allowed to put it up for sale.
You don't have to prove it, or oh.
Speaker 5 (02:10:13):
Yes, you do have to prove it, okay, to give
the tenant ninety days advance notice. And then the statute
is very exacting about the procedure for selling. You have
to have it listed by us.
Speaker 3 (02:10:22):
Oh okay, So it is pretty specific.
Speaker 5 (02:10:25):
You can't just make it up and use it as
an excuse to not renew somebody.
Speaker 4 (02:10:30):
Then somebody says, then if I do it and somebody
doesn't challenge it, I get away with it.
Speaker 3 (02:10:35):
Right.
Speaker 5 (02:10:36):
Well, I believe there are penalties in the statute. I
haven't focused on that. I'd have to kind of look
that up.
Speaker 3 (02:10:40):
But have you had a lot of calls on it
since this new kind of not so much yet.
Speaker 6 (02:10:45):
No.
Speaker 3 (02:10:45):
Okay, but it's called just cause. So does that really
mean a one year lease is no longer a one
year lease? Right?
Speaker 5 (02:10:53):
Well, there's a big exception, and it's that a tenant
in their first year of tendancy doesn't have the benefit
of this statute.
Speaker 3 (02:11:00):
Oh, I didn't know that.
Speaker 6 (02:11:03):
It's a huge exception.
Speaker 4 (02:11:05):
It is the huge So anyone who just leased out
a place for a year it is a year.
Speaker 5 (02:11:11):
Well, there's a problem. You can go over by one day.
If you do a one year lease on the first year,
you just you just satisfied. You just avoided the ability
to use that one year exception. So it probably makes
sense for landlords in the first year of a tenant
to go a year minus a day or eleven month
lease to make it simple.
Speaker 4 (02:11:31):
Oh, I see, because if it goes a year, then
they must abide by the just cause.
Speaker 5 (02:11:38):
Yes, unless they want to sell, convert it to short
tormental move back in, renovate that sort of thing.
Speaker 4 (02:11:44):
Okay, so if they go less than a year on
the first lease, then if they go, can they keep
doing eleven month leases and get away with that?
Speaker 5 (02:11:52):
No, it's just the first year of a tenant's residency.
If they're in there for two years, then the tenant has.
Speaker 3 (02:11:57):
The right to have a just cause.
Speaker 4 (02:12:01):
And I don't know if I don't really know if
uh landlords care about this or not.
Speaker 3 (02:12:09):
I don't know.
Speaker 9 (02:12:10):
I'm sure they care about it, you think so, well,
of course, what it is that they have a horrible tenant?
Speaker 5 (02:12:16):
Yeah, this is a big thing because landlords sometimes just
don't like their tenant just because they rubbed them the
wrong way.
Speaker 9 (02:12:24):
They don't do anything, but they don't do anything to
get along with any of the neighbors, but yet pays
on time.
Speaker 3 (02:12:29):
Yeah.
Speaker 5 (02:12:30):
One of the reasons is that you're that you cannot
renew is is if they are a nuisance?
Speaker 3 (02:12:35):
But what would that? Yeah, but that encompasses a.
Speaker 5 (02:12:37):
Lot of subjective and you're gonna have to go and
prove that up to a judge if if that is
at issue.
Speaker 3 (02:12:43):
Yeah, a nuisance? What would be a nuisance? Right?
Speaker 9 (02:12:47):
So you tom your neighbors could probably get out of
their uh leash.
Speaker 4 (02:12:52):
Because of me and the next door. Okay, we got
to take another break. I want to just say that
to Brad O'Brien when he's not here. He's at seven
to zero three seven zero seventy three eighty eight o
ls law dot com. Go with a sure thing Denver's
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Speaker 3 (02:13:12):
You don't pay a cent until you're content.
Speaker 4 (02:13:17):
Time for an insurance checkup free no obligation comparison call
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nine two zero sixteen twenty two. Brad O'Brien from o'brienols
(02:13:43):
Law dot com, O'Brien Legal Services. Okay, Brad, let's talk
about on the closing docs.
Speaker 3 (02:13:50):
Someone wants to know.
Speaker 4 (02:13:51):
Have you first of all, on closing docs? What do
you find that people should read that don't or that
can hang people up? He thought they're all standard, So
what do you do about are there are there any.
Speaker 3 (02:14:04):
Things that can trip people up on closing docs.
Speaker 5 (02:14:06):
Well, normally you want to look at your purchase contract
and make sure that the closing documents do reflect what's
in the purchase contract. So if it says buyer pays
this fee, then the closing document should reflect that versus
the seller paying.
Speaker 3 (02:14:17):
Have you found mistakes like that obvious mistake at the time.
Speaker 6 (02:14:20):
Yeah, they're usually big mistakes too.
Speaker 3 (02:14:22):
Really.
Speaker 6 (02:14:22):
Yeah.
Speaker 4 (02:14:24):
And then someone also wants to know if covenants are
not disclosed at closing, can they still enforce them.
Speaker 6 (02:14:31):
Yes, those are a record title they apply.
Speaker 4 (02:14:33):
To You have to go and make sure you do
your due diligence as opposed to just waiting for someone.
Speaker 3 (02:14:39):
To supply stuff to you.
Speaker 6 (02:14:40):
Yes, buyer beware.
Speaker 4 (02:14:42):
Okay, remember that, folks. If they don't supply them doesn't
mean they're not there. I'm Tom Martino, olslaw dot com.
Don't forget three h three Martino. Save all your problems
for me.