The Troubleshooter 10-30-25

Episode Transcript

Speaker 1 (00:00):
Yeah, Rita.

Speaker 2 (00:08):
You need so you don't have.

Speaker 3 (00:12):
Come running just as fast as you can.

Speaker 1 (00:16):
Shoot is gonna help coming.

Speaker 4 (00:19):
Man Dix is the Troubleshooter Show.

Speaker 5 (00:22):
Now Tom Martino, Hey, Tom Martino here, Major Mark Major
in me and his satellite studio.

Speaker 2 (00:30):
I'm here.

Speaker 5 (00:31):
We are kicking butt to solve problems, answer questions and complaints.
I'm gonna tell you what's I got, Deputy d Over here,
you're all by your lonesome. Well, you have sues, which
which is no fair. So he's got sues, he's home.
I have, Deputy d Uh. Seems a little unbalanced to me,
but in any case, so listen, I'll tell you what's

(00:55):
on my mind. Denver is doing everything it possibly can
to be a city that business avoids. You just heard
that they're doing these fines if you're an unlicensed landlord.

Speaker 2 (01:07):
First of all, I want to know.

Speaker 5 (01:09):
But by the way, I should say this, when I
first came to Denver nineteen eighty, I'm going on forty
six years here. When I first came to Denver, I
did my radio show, you know, and I was on
Koatvkowa radio, and I was pissed that there were no
tenant rights whatsoever. None. There really weren't. I mean, there

(01:33):
were no warrants of habitability, there was nothing. You just
rented and you're lucky you rented, and there were no
rights whatsoever.

Speaker 2 (01:42):
None.

Speaker 5 (01:43):
They had an eviction process, but no one ever enforced it.
So fast forward to now. Not only do you have
to be licensed, but why do you have to be licensed?
It's a hidden tax, that's what it is. But also
they inspect your rentals. In addition to that, don't forget,
if you're a landlord, you're going to be subject to

(02:05):
the new Denver Energize. Now that Denver Energize program or
Energize Denver is an absolute ripoff. I mean, what they're
saying is, no matter how old your building is, no
matter where it's located in Denver, if it's five thousand
square feet or more, you pretty much have to do.
It's more stringent for twenty five thousand square feet and over,

(02:28):
but if you're up to if you're five thousand square
feet to twenty four nine to ninety nine, basically you
also have some things you have to do. And bottom
line is this, they want you to have a net
zero energy.

Speaker 2 (02:42):
What is this net zero energy?

Speaker 5 (02:44):
Well, I liken it to the well systems they have
in Colorado when you take groundwater out. For example, I
developed about fourteen subdivisions in my early days in Colorado.
The things we had to do, of course, is buy
water rights. Why Well, the theory is this, you have

(03:07):
underground aquifers, and if I buy water rights, that gives
me the right to remove water from that aquifer. And
I have a water right. But what if I can't
get water rights there? I can choose to augment the
system by doing wells into an aquifer remotely, and then for.

Speaker 2 (03:35):
What I use, I offset.

Speaker 5 (03:38):
So, for example, if my subdivision is using X amount
of gallons, I can offset it by feeding water into
the system in another area, or by buying water rights
that are portable, transferable, so I can get water rights
somewhere else if I can't get them right on my property,

(03:58):
but I agree that water rights I buy will be
transferred to my property. So it's it's an augmentation system.
What you take you must replenish in one way or
another with energy. It's kind of like that if you're
using one I'm just using some numbers as an example,
one hundred x energy, one hundred x whatever the X

(04:21):
is your building eventually has to produce more than one
hundred x or offset the one hundred X. So how
would you do that? Well, if you're using one hundred X,
you would have to build a solar system on your
building or somewhere else that produces one hundred x plus more.

(04:44):
You have to be net zero plus more. So just
if you just became net zero, that would be okay,
but you have to have a buffer in there. So
what you need to do is offset your electrical use,
either by doing solar somewhere else, doing solar where you are,

(05:04):
or in some other ways. You have to improve your insulation,
you have to improve your windows, your roof, your lighting.
And this is happening, and fines are going to be astronomical.
If you have a large building in Denver and you
don't make it more energy efficient, you can face fines

(05:26):
of up to five hundred thousand dollars. This is slipping,
people aren't People don't realize this. What it's going to
do to real estate values is crash them because a
lot of people want to get out of Denver. Now. Now,
of course I started out talking about landlords. Landlords definitely
are in this category. But so are warehouses, so are

(05:46):
marijuana grows, so are factories or any other kind of business.
You have to make your business net zero energy use
net zero. Okay, but really, if you do that, if
you if you make a solar system that can produce
your electricity and then you do extra, you can offset

(06:09):
extra energy usage. Do you believe in this in this
big uh, this big bank in the sky that keeps
track of this stuff. I don't believe that on a
realistic basis, it actually diminishes the energy we use because
the solar systems in and of themselves, and the batteries

(06:31):
that people use, and all of the stuff that goes
into a solar system is not at zero to begin with.

Speaker 2 (06:37):
So you have you have an impact to the environment.

Speaker 5 (06:41):
Just like when you buy an electric car, you know
that electric car is not offsetting your gasoline car on
It takes a lot of energy in other areas to
produce that electric car. In any case, I'm not saying
I'm not saying energy conservation is a bad idea, But
what I'm saying is there's not much we can do

(07:02):
about it except actually reducing what we consume. Reducing what
we consume that's really the only way to truly manage
what people call destructive energy usage leading to climate change

(07:22):
or leading to other environmental impacts.

Speaker 2 (07:25):
The bottom line is this, if we simply.

Speaker 5 (07:27):
Offset with solar, or offset with windmills, or offset with
something else, those something else is have almost the same
carbon footprint if you really look at it.

Speaker 2 (07:39):
People never really look.

Speaker 5 (07:41):
At the carbon footprint it takes to make those solar
panels or that solar system.

Speaker 2 (07:47):
And what I'm saying is this, it's a bunch of crap.

Speaker 5 (07:50):
We have to reduce energy usage in general, but these buildings,
these building owners in Denver are going to be duck.
They have to make these improvements starting this year or
there will be fine starting this year. That That is
just the way it is. And not only that, but
you have to be licensed. What do you think the

(08:12):
license does? Why licensing? What do you think the reason
is mark other than collecting fees so they can inspect
those properties.

Speaker 2 (08:20):
That's exactly what it's for. It's just a cash grab.

Speaker 6 (08:23):
You know, downtown right now, office buildings already exceed thirty
five thirty six percent of being empty, I mean they're
completely empty. Then you start going into warehouses even more
if they think any of these things are going to
keep people in Denver. They're insane. I just don't understand

(08:44):
dumb they are. I just don't get it. Even retail
think about this. Downtown Denver retail space is five percent
down a year over year.

Speaker 5 (08:56):
That's just year over year five percent huge, And they're
trying to get people downtown, but they're not doing anything
to incentivize business. Hey, Mike, what's going on with AutoNation?
What's happening with you? Mike? Yep, I'm here, what's going
on with you?

Speaker 7 (09:10):
Man? Also, short story is I purchased a truck from
AutoNation in Golden, Colorado when you were used used as
a twenty thirteen four one fifty.

Speaker 2 (09:26):
Other nice trucks. Man.

Speaker 7 (09:28):
Yeah, it's a super nice truck in night. So they
had a guarantee on this for AutoNation advertise on their
website it says it's a five day, two hundred and
fifty mile guarantee on all of their cars.

Speaker 2 (09:40):
Does that mean? Does that mean you can take it back?
What does that mean?

Speaker 3 (09:45):
Yeah?

Speaker 7 (09:45):
So when I was speaking with the salesman and the manager,
they told me, because I have a friend that is
a mechanic and I said, you know, if I take
this to him, So you were.

Speaker 5 (09:56):
Thinking I'm going to buy it, then have it checked
out because you you had five days to do it. Yep, ye, okay,
hold on and we'll come right back to that.

Speaker 2 (10:05):
Let's hear if it worked.

Speaker 5 (10:06):
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all three nine two zero sixteen twenty two. Hi, Tom Martino,

(11:35):
you're in troubleshooter three oh three seven one three talks
seven one three eight two five five. Mike bought a
truck from AutoNation and Golden and he said, you know,
I thought it'll be safe because I'll have that five day,
two hundred and fifty mile time frame to get it
checked out. So, Mike, what was the specific conversation you
had with the salesperson?

Speaker 7 (11:56):
So, yeah, I told him, Hey, I have a you know,
I have a friend that's the mechanic and you when
my wife and I will purchase a car, will take
it to him to have him look at it and
make sure everything's good to go.

Speaker 5 (12:05):
And then is there a reason you wouldn't do it
before you bought it, like just asking him if you
can have it checked out?

Speaker 7 (12:12):
I was I was just under the impression because they
have the five day guarantee. I told them, if if
I get this looked at and there's a problem, you
guys will make it good, right, you know, if the
breaks need to be replaced or anything like that. And
you go, oh, no, no problem. You know, we have
a guarantee on all our cars and a lot and so.

Speaker 5 (12:26):
Right, But that doesn't mean they have to fix the stuff.
It just means you can get it checked out, I think.
But Deputy d you looked at the warranty in general,
in general?

Speaker 2 (12:34):
Tell me about it.

Speaker 8 (12:35):
Well, it's not a warranty. It's a money back policy.
They call it a guarantee. So, but not in the
same sense that a car is under warranty. So money
back guarantee is valid for five days or two hundred
and fifty five or two hundred and fifty miles, which ever
comes first, subject to certain terms and conditions.

Speaker 2 (12:50):
What are those terms of condition or for.

Speaker 8 (12:52):
Details, some restrictions apply. So I have a feeling we're
about to hear about these terms and conditions. When Mike
tells us where the attempted return went south?

Speaker 2 (13:03):
Okay, so what happened?

Speaker 5 (13:04):
It's so wait a minute, certain terms of conditions, but
they don't disclose what they are.

Speaker 9 (13:08):
No, they tell you to go see the store.

Speaker 2 (13:10):
Okay, So to continue your story.

Speaker 7 (13:13):
Okay. So I took it to my mechanic and he said, okay,
everything looks good.

Speaker 5 (13:19):
He goes. The rear air.

Speaker 7 (13:20):
Suspension, though, is blown. The air suspension is blown. It's
the rear suspension. There's air bags in the back of it.
And he goes, but everything else checked out.

Speaker 3 (13:31):
He's like, it's good to go.

Speaker 7 (13:32):
He goes, unless you're towing something, it shouldn't be too.

Speaker 2 (13:35):
Big of a well what happened? So what happened?

Speaker 7 (13:38):
So I took it back. I pulled the manager. I said, hey,
you know, my mechanic said the air bags are blown,
and he said, okay, well let me take a look
at him. Bring the truck in. So I brought the
truck in and he told me that they weren't blown.
And I was like, well, I don't I'm not a mechanic,
so I don't know if they're blown or not.

Speaker 5 (13:56):
So he said, but it wouldn't It wouldn't matter because
they don't have to fix it. In other words, they're
not saying, whatever is wrong with it, we're going to
fix they're saying, you have five days, two hundred and
fifty miles to decide if you want to keep it.

Speaker 7 (14:09):
Well, he told me he would fix it.

Speaker 5 (14:11):
No, but that's not part of the warranty. What he
told you is not part of the warranty. If he
said no, matter what's wrong with the truck, we're going
to fix it, that's not part of the warranty.

Speaker 2 (14:22):
There would be no way to enforce that.

Speaker 5 (14:24):
It's a specific Let me put it to you this way, Mike,
It's what we call a point of sale.

Speaker 7 (14:30):
Now.

Speaker 5 (14:30):
Points of sale are arguments or promises made during.

Speaker 2 (14:35):
The purchase of a vehicle.

Speaker 5 (14:36):
What's in the and it can be verbal, it can be.
But the only way a verbal promise is enforced is
if the one who made the promise agrees with you
that the promise was made and what the promise says.

Speaker 2 (14:53):
So let's say he doesn't agree with you, then you
would have to prove it.

Speaker 5 (14:58):
So let's say you have a cell phone and you
have a recording of you saying, Hey, Bob, what happens
during this warranty If I find something wrong, Bob says, hey, Mike,
We're going to fix whatever you find. Okay, you go
find something wrong, you go back and Bob says, listen,
the warranty is you can return it.

Speaker 2 (15:19):
Okay, that's what the warranty is.

Speaker 5 (15:20):
So you get pissed off and you want to sue
him for the costs of repairs. The most. Do you
know what the most they would have to do for you?
Do you know what it is? Undo the deal. And
they're willing to undo the deal. So that's why I'm
telling you that when they have a warranty to undo
the deal, you can't make them do what's called specific performance.

(15:42):
There is no specific performance in that warranty that would
make him fix that truck for you. I mean, if
it's a promise and you relied on that promise and
that's the only reason you bought it, then you can
undo the deal and just say, well, no harm, no foul.

Speaker 2 (16:01):
You see what I'm saying.

Speaker 5 (16:02):
It's too difficult to enforce those verbal promises.

Speaker 7 (16:06):
And I did, and I did so when I brought
the truck back, they called the mechanic, They had him
look at it again, and then they confirmed that they
were blown because he said he had put soapy wall.

Speaker 2 (16:18):
What difference?

Speaker 7 (16:18):
I thought it wasn't so he said, I don't mean
to be.

Speaker 5 (16:21):
A pain in the ass, but what difference does it make.
They don't have to fix it.

Speaker 7 (16:25):
Well, he told me to send him the invoice and
that he would take care of it. I have an
email chain of him saying oh.

Speaker 2 (16:31):
Good, oh, oh good.

Speaker 5 (16:32):
Hold on, you have an email saying send me the
invoice and I'll fix it.

Speaker 7 (16:37):
Yes, so he so he called the mechanic, spoke with him,
and then so, yes, so he called the mechanic, spoke
with him on the phone, and then he emailed me
back and said, hey, have your guys send me an
invoice and then I can get you a check cut
to fix this. And I said okay, So I sent
him the invoice and then he said the invoice was

(16:57):
for like seventeen hundred dollars. So then he said, oh, well,
when I spoke with your mechanic, he told me that
it was only going to be like two hundred dollars.

Speaker 5 (17:05):
This is the problem with this being this is the problem.

Speaker 2 (17:08):
I'm okay.

Speaker 5 (17:08):
So now what where does this stand right now? Are
they willing to pay you anything right now? He said?

Speaker 7 (17:14):
The last email that I had with him is I
said okay, because he said Okay, well that invoice, that's
not what I spoke with the mechanic about. He told
me that it was only going to be like two
hundred dollars.

Speaker 5 (17:24):
I get it, bro, I get it.

Speaker 7 (17:25):
And can we look into just replacing the airbags? And
I'm like, I guess that's fine because I thought they're.

Speaker 5 (17:32):
Going to what's what's going? Where does the stand? You
still haven't told me where it stands, so he's just.

Speaker 7 (17:37):
Basically has an emailed me back. The last email I
sent him was like, why don't you call the mechanic
and discuss with him what needs to be fixed or
what you can do to resolve this situation because I'm
not sure why I'm providing my own customer service. I'm
not the secretary for the mechanic.

Speaker 2 (17:51):
You better return this thing while you can.

Speaker 9 (17:53):
Man, that's too late.

Speaker 5 (17:55):
It's are you You're past the thing.

Speaker 7 (17:58):
It's not the the suspension airbags. They're not going to
affect the anything on the truck.

Speaker 5 (18:05):
What oh wait wait wait wait when you said airbags,
you meant the suspension.

Speaker 2 (18:10):
This is not like the safety.

Speaker 5 (18:12):
Airbag air Okay, because here's why I just here's why.
I just looked up the regular air bags, the safety
air bags, and there are some clauses that you may
be able to enforce for safety even if it's purchased
as is.

Speaker 2 (18:28):
But now that all goes out the window.

Speaker 5 (18:31):
We're talking about we're talking about basically just suspension parts.
So I need to know once and for all, where
does it stand today? You're past your five day, two
hundred and fifty miles, way past. Yeah, and so what
are they willing to do?

Speaker 7 (18:49):
Well, the last conversation, last email I got from him
was saying, hey, let's look into just replacing the airbags.
Which I'm like, okay, well that seems fair to me,
but okay, you call my mechanic. And then I haven't
heard from him. And it's like I said, this has
been going on for two months and I'm not sure.

Speaker 2 (19:06):
Well my god, what do you expect him to do?

Speaker 3 (19:09):
Now?

Speaker 2 (19:09):
They what you should have just returned it, man, you
really should have.

Speaker 7 (19:13):
Well they, like I said, it doesn't affect the truck
at all, Like, it's not the performance of the truck
unless I'm going to go toe something.

Speaker 2 (19:20):
The air go toe something.

Speaker 6 (19:22):
I mean, really, if to suspension's blown on the back,
you're going to wear tires you're going to have all
kinds of issues.

Speaker 8 (19:28):
Hold on, Mark, the suspension isn't blown. The air bags are.
They're only used on that truck when you're towing stuff.
So the question I have for the caller is, how
did we go from a seventeen hundred dollars repair invoice
or was it a repair estimate for seventeen hundred to
two hundred dollars for air bags?

Speaker 9 (19:47):
What's the difference between those two numbers.

Speaker 7 (19:49):
So when I spoke with the manager the first time,
when he said he was going to fix it, he
talked to the mechanic that I know, and he said, okay,
instead of the air suspension, because the air suspension to
replace that is going to be like three thousand dollars.

Speaker 9 (20:03):
He said.

Speaker 5 (20:03):
What's really funny is they don't even have to have
this conversation. I mean, I hate keep interrupt you, but Mike,
you don't have any rights in this. You have no
rights in this. You got a warranty, you had some
verbal promise, you can't get enforced. What do you what
do you want to do right now? What is your
what is your desire today? What is it?

Speaker 7 (20:24):
My thing is just I want to get it fixed.
He said he was going to fix it, just get
it fix, because I don't know what, like.

Speaker 2 (20:29):
What is it going to cost to fix? What is
it going to cost to fix?

Speaker 7 (20:34):
The air bags I believe are probably I mean, without
having extensive knowledge on the suspension, I'm guessing the air
bags are probably gonna be like four hundred bucks. And
then well that's not so, then that's not bad if
that's what if that's what they're going to do to it.
But because that's the last email I got, like, let's
look into just replacing the air bags, which is fine,
but without having you know, knowledge of well, why.

Speaker 2 (20:59):
Don't you, let's Mike, why don't you take it?

Speaker 5 (21:01):
Why don't you take it to someone you know and
trust and get an absolute estimate of what it's going
to cost to fix and then sue them in small
claims court for breach of warranty. And then you're going
to have to prove that they agreed to pay anything
and there were no terms and conditions, and that it
supersedes the five day, two hundred and fifty mile warranty.
But I'll bet you, and I'll bet you lunch, and

(21:23):
I'd love to take you to lunch Mike, I'll bet
you lunch that the terms and conditions of that warranty
are such that it says no other verbal promises or
warranties take effect. This supersedes all other promises. But Mike,
I don't know what to tell you. I'd love to
help you, honest to goodness, I know you're frustrated. You thought, well,

(21:45):
whatever's happening, they're going to fix it. What if it
needed a new engine? Truly, what if it needed a
new engine?

Speaker 7 (21:51):
Well, then I would have taken it back, Okay. I
would have said, hey, I want my money back, But
they okay, got you convinced me when I first took
it back, Because, like I said, I'm not a mechanic.
I don't know what that means. A suspension airbag blown
on the truck?

Speaker 2 (22:04):
So will they take will they listen?

Speaker 5 (22:06):
Will they at least undo the deal? How many miles
do you put on this truck?

Speaker 3 (22:11):
Oh?

Speaker 7 (22:11):
I don't know. I've had it so I bought it
on September ninth, and so I don't do too much driving.

Speaker 5 (22:16):
You know, would they would they undo it? Do you
want us to call and try to get the deal undone?

Speaker 7 (22:21):
I don't really want the deal, undone. I love the truck.
The truck's fine.

Speaker 5 (22:24):
I didn't put bucks in it.

Speaker 7 (22:28):
That's not all that's going to cost me because it's
that's just But.

Speaker 5 (22:32):
They're not going to pay for it. They're not going
to pay for it. What price are you willing to
pay to keep that truck?

Speaker 2 (22:39):
What price? Give me a price?

Speaker 5 (22:41):
Would you pay that if it was just four hundred,
would you pay it?

Speaker 7 (22:45):
Probably? I mean, I'm not. It's it's more of the
fact that they told me that they were going to
fix it.

Speaker 5 (22:50):
And no, they did not tell you that. They did
not tell you that he told you that. Here's what
I want you to do. I want you to send
that I have an email change. I want I want
the email chain. I want the email send me, forward
me the emails. I want to look at them, and
then I suggest you do a small claim scort.

Speaker 2 (23:11):
We can't in good Well wait a minute.

Speaker 5 (23:13):
If the emails are pretty crystal clear, that is a
point of sale and it can be enforced.

Speaker 6 (23:18):
Well, okay, let's take that to an extreme. If I
walk into seven eleven and the clerk tells me I
could now own the store, He'll give me the building
and the inventory for a dollar and I have it
in writing? Does that mean that's what goes down? So
you just throw away everything else over that.

Speaker 9 (23:40):
Mark? It's not quite the same way.

Speaker 8 (23:42):
If the if the dealership manager sent Mike an email saying, hey,
go get it fixed and off.

Speaker 6 (23:47):
If it wasn't a dealership manager, it was the sales guy.

Speaker 5 (23:50):
It's a sales guy.

Speaker 9 (23:52):
It was the manager.

Speaker 5 (23:53):
Okay. If it's the manager in writing, keep your thought.
I got to take a break, I really do. But
but Dia, I want to hear what you have to say.
Say on the line, Mic.

Speaker 2 (24:01):
We got more coming up right after this.

Speaker 5 (24:08):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com.

Speaker 2 (24:12):
You don't pay a cent until you're content.

Speaker 5 (24:17):
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 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 9 (24:41):
Okay, I mean the.

Speaker 5 (24:42):
Same thing, all right, we were discussing this off the air. Okay,
here's what we're discussing, and it wasn't fraud in the inducement.
Fraud in the inducement is when they're holding a contract
and they say, Okay, we're gonna do this this and this,
oh and this thing here that that we're not.

Speaker 2 (25:00):
Going to hold you to that blah blah blah.

Speaker 5 (25:03):
So it's it's it's an inducement to get you to sign.
If you have proof that a salesperson or someone defrauded you,
are really lied to you to get you to sign,
there's something called fraud in the inducement. But once it's signed.
Mike was not promised this before he signed it. He
had already bought the car, my biggest truck. My biggest

(25:26):
question is this. This is what I have, Gadia and Mark.
This is my biggest question. Why would the guy promise
to fix it the salesperson after he already bought the truck.

Speaker 2 (25:37):
That's the part I don't know. Was he just trying
to be nice?

Speaker 6 (25:39):
Probably probably because he thought it was only two hundred
dollars according to him. But the real argument has nothing
to do with that. Do I think these guys should
fix it. Yes, one hundred percent, I do. Okay, but legally,
no hold on. Legally, I would argue this all day long.
There is no way in email constantly it's a contract.

(26:01):
In fact, Dimitri, you and I have had this argument
over a reservation at a restaurant. If you send an email,
you don't sign anything, no money changes hand.

Speaker 2 (26:11):
What the hell is the contract?

Speaker 5 (26:14):
Well?

Speaker 9 (26:14):
This is different?

Speaker 2 (26:15):
Oh my god, it's how hold on? How is it different?

Speaker 8 (26:19):
I want to hear what, Demetri, Here's what happens this,
but do it briefly, Okay, very briefly. Mike got a
promise from the manager to pay for the repairs. Mike
relied on that promise, ultimately to his distrainment.

Speaker 10 (26:30):
Okay, guys, right on the buyer's order, it says, no
employee has the authority to modify this agreement via a deagreement.

Speaker 5 (26:44):
But that agreement, But that agreement was done when he brought.

Speaker 3 (26:49):
Mark.

Speaker 2 (26:50):
I'm not Mark. I'm not agreeing or disagreeing.

Speaker 5 (26:52):
What I'm saying is it's a primary contract, and.

Speaker 6 (26:55):
Then the largest dealership in the world you can hold
to whatever employee emails.

Speaker 10 (27:01):
It's absolutely an obsess Now, I think if we'll give
every car away. I'll put some words in D's mouth.
What Dea is saying is there was a promise made
after the sale, and theoretically it's not holding AutoNation to it,
it's holding that.

Speaker 2 (27:17):
Salesperson to it.

Speaker 5 (27:19):
That salesperson could be if you could prove he made
a promise and withdrew it. Okay, maybe maybe maybe a
clear offer.

Speaker 6 (27:28):
Maybe if it said something like we will pay for
the rear suspension four two hundred and eighty six.

Speaker 2 (27:34):
Dollars or something evening lines. Mark.

Speaker 6 (27:37):
The email from some employee that simply says, okay, we'll
fix it means absolutely nothing.

Speaker 5 (27:43):
Hey Mike, did you get me that? Did you get me?

Speaker 7 (27:46):
And Mark?

Speaker 5 (27:47):
Mark also wants to see it and probably did you
send us the email chain? Yeah?

Speaker 7 (27:52):
I did over and the.

Speaker 8 (27:54):
Repair estimate because we still don't know how we went
from pair four hundred dollars airbags to seventeen hundred dollars
and repairs.

Speaker 9 (28:00):
So what else we got?

Speaker 7 (28:02):
So when I first took the truck back and told them, hey,
my mechanics said that the rear suspension is blown. The
airbags are blown, he said, okay, well, this is an
aftermarket suspension that was put on this truck. So if
we can go just with the coils, that's going to
save us money. So instead of doing the air suspension,

(28:22):
we were just going to do the coil suspension and
rear suspension, which is nice with what air suspension costs.
So air suspensions like three thousand dollars, the coils are
going to be like probably fifteen hundred, right. So when
I sent the invoice to the manager of AutoNation, he said, oh, well,
I talked to your mechanic and he said it was

(28:43):
going to be like two hundred.

Speaker 2 (28:44):
Dollars but without okay, I guess what?

Speaker 5 (28:49):
Okay, I need to see the email Kachina did he say?

Speaker 11 (28:53):
What?

Speaker 3 (28:54):
Listen?

Speaker 6 (28:54):
Listen to this guys twenty twenty four are you ready?
But everybody needs to look this up. Regaz versus AutoNation.
Guess what happened? The sales rep within the five days
emailed them that they would fix the air conditioner, and
basically the guy extended past a five day guaranteed return.
Then they didn't want to fix it anymore. It ended

(29:17):
up going all the way this is in Texas to
the Texas Supreme Court, and basically it came down to
this uh AutoNation one period.

Speaker 2 (29:27):
It was not a contract.

Speaker 9 (29:31):
I'd like to I'd like to get a copy of
that opinion.

Speaker 2 (29:34):
I want to see the emails.

Speaker 5 (29:35):
That's what I want to see, and I haven't seen
it yet, so let's uh, let's figure that out. Three
oh three seven to one three talks seven one three
eight two five five check 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 insurance check up free,

(30:01):
no obligation. In comparison, call Compass Insurance paying too much
your coverage at dozens of insurance companies find out now
three all three seven to seven to one.

Speaker 2 (30:09):
Help.

Speaker 5 (30:10):
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. I'm Tom Martino. Did we get a
copy of the mark? Did you hit a copy of
the emails that were sent back forth or d Did

(30:31):
he send them directly to us Kachina or were they
sent I sent it to you you?

Speaker 2 (30:36):
Yes, he only sent one exchange.

Speaker 5 (30:39):
I got it Okay, what does it say? Oh d
just all right, So let's I'll give you a couple
of minutes to look at that and we'll see what
it says. But Mark has adamant that listen, this little
loose uh lucy goosey promise, it doesn't.

Speaker 6 (30:54):
Matter what the promise is. Can you imagine? Can you
who would sell cars? The guys mad at his boss
someday and he's getting ready to quit, and he makes
one hundred promises to one thousand customers.

Speaker 2 (31:07):
Ridiculous.

Speaker 6 (31:08):
When I bought the car, he agreed that only this
contract matters when it comes to this car. That's what
he agreed to. I'm not saying they shouldn't fix it.
I'm the I hate AutoNation, to be quite honest. They've
never stood up and done anything, in my opinion, to
any complaint.

Speaker 2 (31:27):
But you know, it's insane.

Speaker 6 (31:29):
To think that someone that just simply works there can
make any promise.

Speaker 2 (31:34):
They might as well promise to give me.

Speaker 10 (31:35):
Every car for free if he's pissed off at the GM.

Speaker 6 (31:39):
It's an absurdity. Well, how about if it was a
house Tom. Let's say it's not a used car made
in twenty thirteen and a twelve hundred dollars repair. How
about you buy a brand new KB home or a
brand new custom build home and you got a one
year foundation warranty and on one day after the warranties up,

(32:00):
the sales guys in a good mood and says, ah,
we'll fix that for goodwill and it turns out to
be a four hundred thousand dollars fix.

Speaker 2 (32:08):
Does a builder owe you it?

Speaker 3 (32:10):
Now?

Speaker 9 (32:11):
Hey, look what this says.

Speaker 8 (32:12):
So this email is signed by the used vehicle manager
at Automation Chrys or Jeep West. Sounds like a plan
blah blah blah. If he sends me the total estimate
slash bill, I can get you a check out.

Speaker 9 (32:26):
Ahead of time.

Speaker 8 (32:28):
That's a pretty clear promise to pay the estimate slash bill.

Speaker 9 (32:34):
Not only pay it, but pay it ahead of time.

Speaker 8 (32:37):
And because he's a manager used vehicle manager, a reasonable
person can rely on this person's promises. Except please, well
we don't know so in that court case.

Speaker 6 (32:49):
So if I sell homes and I have and I
have a contract, admitri once again, you buy a house
for me, I custom build it, and you agree that
this is it in writing, and then my sales rep
that's pissed off at me, decides he's going to go ahead,
and what give.

Speaker 2 (33:06):
You a free house? No problem with it?

Speaker 8 (33:10):
No, of course, there's a problem with the example that
you just cited because you took this and where do you.

Speaker 2 (33:15):
Draw the line?

Speaker 6 (33:15):
You're arbitrarily drawing a line somewhere. You're deciding where the
line is drawn. The contract says it's drawn right there.
Only things that are in writing, signed by both parties
are an effect for this sale. Someone else writing something
else about it is an absurdity. It would up end

(33:36):
everything we know about.

Speaker 5 (33:38):
Really, really, I know what Marcus. I know what Marc
is saying. He's saying, Look, the sale was done, and
this salesperson or even a sales manager. The most that
can happen, in my opinion, is that that individual can
be held responsible.

Speaker 2 (33:54):
I don't think he can.

Speaker 5 (33:55):
I don't think he can make his company respond possible
for it.

Speaker 2 (34:01):
I just don't think so.

Speaker 5 (34:02):
But I'd love to get an attorney's opinion on this,
or a judge or someone.

Speaker 2 (34:07):
If you're listening, give us a call.

Speaker 5 (34:09):
Go with a sure thing Denver's Best roofer Excel roofing
dot com.

Speaker 2 (34:13):
You don't pay a cent until you're content.

Speaker 5 (34:17):
Plead 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
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, Ripped.

Speaker 3 (34:47):
News, ned Advice. Who you don't have Come, run anxious
as fast as.

Speaker 1 (34:54):
You can shoot is gonna help?

Speaker 3 (34:57):
Come?

Speaker 4 (35:00):
Is the Troubleshooter Show. No Tom Martino.

Speaker 5 (35:04):
Hey, Hey, hey Tom Martino here with Capadre Major, the Major,
the Major, Mark Major.

Speaker 2 (35:12):
By the way, welcome to the show.

Speaker 5 (35:15):
We're here having quite a discussion, and boy did it
spark up my texting. And I should remind people where
they can text the iHeart short code. That means you
just text that number, put Tom there, it'll come to
me five seven seven three nine five seven seven three nine.
And then my other one that comes to my cell

(35:35):
phone twenty four to seven is seven four seven nine
fifty two eighty and uh to remember that just seven
four seven is a giant air Planet Love airplane seven
four seven nine nine nine is close to perfection, and
fifty two eighty for the my high City. So let's
do it. By the way, one of the text says,

(35:58):
I understand what Mark is saying. Otherwise you could not
do business. How could any person in the business simply
make a promise and obligate the business?

Speaker 2 (36:11):
I agree with that. I think that you can.

Speaker 5 (36:14):
But I think that the individual making the promise could
probably be held responsible. Mark, do you think, for example,
if he took that sales manager it's a small claims
court and says I just got this fix. You promised
to get it paid for, it's not getting paid for.
Do you think you don't think that individual could even

(36:37):
be held responsible.

Speaker 6 (36:38):
First of all, there was like I said, maybe maybe
if there was a particular thing and an amount in
the email, you might have a leg to stand on.

Speaker 2 (36:50):
But something that basically says I agree to pay for it,
what else? If it's what else? If it's forty thousand dollars,
I know it.

Speaker 5 (36:58):
By the way, for those listening, Mike bought an F
one fifty. He signed the contract and let me get
this straight, Mike, it was after you signed the contract,
you said, I'm going to get this checked out under
the five day warranty. Not five day warranty, five day
right of recision they give you. And by the way,

(37:20):
this is not mandatory by law. AutoNation does a five day,
two hundred and fifty mile right to rescind the deal
so you can take the car back. So he chose
to get it fit, to get it checked out.

Speaker 2 (37:33):
And there was a defective.

Speaker 5 (37:34):
Suspension air bag, not the safety air bag, the suspension
airbag or this defective system or whatever it had to
do with suspension air bags. And he said, Okay, are
you guys going to fix it?

Speaker 2 (37:51):
And the answer was no, Mike.

Speaker 5 (37:53):
After you had it checked out, they said, no, don't
get it fixed. What did they say exactly when you said,
we found effective suspension air bags.

Speaker 2 (38:02):
What did they say to you?

Speaker 7 (38:05):
They told me that they wanted me to bring the
truck in because I said, I brought it to my
mechanic he said, the rear boone. They said, bring the
truck in, So I brought it in. It was there
for five days, which I don't know why they kept
it that long, but it was there for five days.
And then he told me, well, my guy doesn't see
that the airbags are blown, can you right?

Speaker 5 (38:27):
So you went back and forth. Did he finally come
around to admit or to concede?

Speaker 7 (38:33):
Yes, he said, oh, you know, I talked to your mechanic,
and your mechanics said that in order to find that
it's leaking or blown, you have to put soapy water
on the air bag. So even when you see the bubbles,
then you know that it's leaking, right, just like you
would probably a tire or something.

Speaker 5 (38:47):
Okay, So after they just after they agreed it was defective,
what did they say.

Speaker 2 (38:52):
Did the sales.

Speaker 5 (38:53):
Manager say, well, Mike, we promised to fix it, so
get it fixed.

Speaker 7 (38:59):
Yeah. He said, go ahead, and you know, get an
invoice for me for what your mechanic wants to do.
And he spoke with the mechanic and said they had agreed.

Speaker 5 (39:07):
So he said, so before he said, get me the invoice,
not get it fixed, but get me the invoice.

Speaker 7 (39:13):
He said, get me an invoice of how much it's
going to cost to repair this, and I'll pay it.
He said that on an email.

Speaker 2 (39:18):
Okay, so you get him the invoice?

Speaker 5 (39:21):
Yeah? Did you get him the invoice before the repair
it hasn't.

Speaker 7 (39:25):
Been repaired yet.

Speaker 5 (39:27):
Oh good, that doesn't complicate things.

Speaker 2 (39:29):
Good.

Speaker 5 (39:30):
So when you got in the invoice, the invoice was
for US seventeen hundred, right, And that's when he said,
forget it.

Speaker 7 (39:37):
And that was and that was the and that was
the invoice for It's not even the air suspension, that's
just for the coil.

Speaker 5 (39:43):
But at that point though, and certainly Dimitri can see this.
At that point, he says, get me an invoice and
we'll get it paid. He gets some invoice, he says
it's too much. I'm not going to pay it. This
is back and forth negotiating.

Speaker 12 (39:57):
This isn't a contract, right, So then said, oh, well,
when I spoke with your mechanic he said that it
was only going to be around two hundred dollars, which
I don't know if that's true or not, because that's
just a phone call.

Speaker 5 (40:08):
That up okay, But what I'm getting at, Mike, you
can certainly see it was a moving target. He said,
wait a minute, I'm not paying that much. Then what
happened after that? After he said I'm not paying that much?
Then what happened?

Speaker 3 (40:21):
So?

Speaker 7 (40:21):
He said, you know, I talked to him. He said
it was only going to be around two hundred dollars.
He said, can you talk to the mechanic and see
if just replacing the air bag is an option? And
that was kind of the last thing. And I had
replied back to that, like, I just want to.

Speaker 5 (40:36):
Shay, okay, and what did your mechanics say, would that work?

Speaker 2 (40:39):
Would that fix the problem?

Speaker 7 (40:41):
That's an ongoing so I don't know if he has
contacted the mechanic Okay.

Speaker 5 (40:46):
So right now they have not flat out refused. They
just are negotiating how.

Speaker 7 (40:53):
Much it's going to be right, And I'm and I'm
I had reached out to you guys, just because I'm like,
I've been ongoing with this for a couple of months now,
and I'm just like I need someone to step in,
just like, can we get this time.

Speaker 6 (41:05):
I'm telling you his bosses or someone just told him
forget about this.

Speaker 2 (41:09):
This is silly.

Speaker 6 (41:10):
This guy wants seventeen hundred bucks. You should have had
it checked out before. He should have negotiated it. And
unless if this guy that's emailing you has the ability
to literally write a check for a mouto nation, I
don't know what you can possibly do.

Speaker 2 (41:24):
He's got to get it approved, and I think he
is not approving it.

Speaker 5 (41:28):
Dea is saying it was a contract and he has
to pay it. Is that what you're saying to be sane?

Speaker 9 (41:33):
It's so let me tell you.

Speaker 5 (41:35):
Would you see on this if youer in Mike's shoes?

Speaker 9 (41:38):
I would, I, I would, and I would.

Speaker 8 (41:41):
I think it's not a very strong case because the
sales manager in this case didn't commit to a specific amount.

Speaker 9 (41:47):
That's right what he said in this email.

Speaker 5 (41:49):
But it's still but in a contract there has to
be an agreement. There has to be agreement contract, dude,
there has to be agreement or meeting of the minds.

Speaker 2 (41:58):
There wasn't. They never came up with the price.

Speaker 9 (42:01):
That's true.

Speaker 8 (42:01):
He does say if you, if you, if he sends
me this is in reference. This is what the manager
is saying in a reference to the mechanic to our caller,
if he sends me the total estimate slash bill, I
can get you a check cut ahead of time.

Speaker 2 (42:16):
But he was under the impression it was two hundred
dollars to me.

Speaker 9 (42:20):
And then no, I know this is where I'm going
with this. Hold on, dude.

Speaker 8 (42:25):
And after that the sales manager got this estimate slash
bill and got sticker shock. So he's not prepared to
pay seventeen hundred dollars. He is prepared, according to some
subsequent emails I read, to pay a couple one hundred dollars,
which is what his mechanic estimated new air at back.

Speaker 5 (42:43):
And the mere fact that they're going back and forth
on terms and conditions tells me it is not yet
a contract because one of.

Speaker 2 (42:51):
The pillars conversation.

Speaker 5 (42:53):
What that's right, One of the pillars of a contract
is meeting of the mind, an agreement.

Speaker 6 (43:01):
And what kills me about this with what you're saying, Dimitri,
is you and I have had this argument about a
contract and you were on the other side of it.

Speaker 8 (43:10):
Well, those were different circumstances. I mean, there are many
times will be on different sides.

Speaker 2 (43:14):
What makes what makes up a contract? Dmitri?

Speaker 9 (43:18):
Okay, do you really want to go back to the time, Yes.

Speaker 5 (43:20):
I do.

Speaker 6 (43:21):
What makes up a contract? What am I doing this
for a contract?

Speaker 5 (43:25):
Well, to form a legal hold on I just asked
my boyfriend to form a legally binding contract. These key
elements must exist. Listen carefully, an offer, clear and definite
proposal to another party. The offer must outline terms and conditions.

(43:48):
Number two acceptance. The offery must agree to the terms
of the offer before it becomes a contract. Number three
each party must exchange something of value, and number four
people have to have capacity. And number five it can't

(44:09):
be this illegal.

Speaker 9 (44:11):
The transaction tomy add something to that.

Speaker 8 (44:13):
I think that I think that you and Mark are
looking at it from the perspective of whether it is
a contract or not. Right, I was looking at it
from the perspective of promisoria Stophold.

Speaker 5 (44:22):
Okay, now tell me about doctrine. Tell me about that.

Speaker 8 (44:25):
It's a doctrine that enforces a promise even without formal
consideration to prevent injustice. That's kind of like the rough
definition of promissoria top.

Speaker 5 (44:33):
But then you could do that for anything like a
clerk at a Walmart.

Speaker 10 (44:37):
Well, really, where do you draw the line on promise
or not manager.

Speaker 8 (44:42):
A reasonable person cannot expect a clerk at Walmart to
bind the company to some kind of a promise that
the clerk made. But if somebody as the title manager
in their name, then a reasonable person can reasonably rely
on that person's promises.

Speaker 9 (44:54):
So that would be my argument in this case.

Speaker 8 (44:57):
Now, I don't think I'll be able to recover the
entire seventeen hundre bucks, but somewhere to prevent injustice. There
is a settlement between two hundred and seven.

Speaker 5 (45:05):
Well, you're saying they might settle, but on a legal basis.
A promissory estoppable is a legal document that allows a
party to enforce a promise even when no contract exists,
if it would be unjust not to do so. It's
used to prevent people from taking advantage of others. Now

(45:30):
here's what you need for promisory aestoppele one. A clear
and definite promise. Okay, it cannot be vague. It cannot
be conditional, and it can't it can't even be a
statement of intent. It must be for example, you'll have
a job here for at least two years. That's a

(45:51):
definite promise. Next, it has to have reasonable reliance the
promise or the dealer should reasonably expect that the promise. See,
the person who receives this promise is relying on it,
and that right there, he's not because oh wait, he
bought the truck already. But you're saying he was relying

(46:11):
on it to get it fixed.

Speaker 2 (46:12):
Guys, Okay, i'mber three.

Speaker 5 (46:14):
You just let me finish actual reliance the promise the promise. See,
the guy getting the promise must actually rely on the
promise and then take action and go ahead, mark, We're done.

Speaker 6 (46:25):
Well, see you guys, you're going down this wild rabbit hole,
and I'm glad we're going here. But the biggest part
to this to me is when this guy engaged with
AutoNation to buy this used vehicle, he agreed that the
only thing to do with this vehicle is what was
in writing that day. So saying oh, well, this was afterwards,

(46:47):
it doesn't matter, it has to do with the sale
of that.

Speaker 5 (46:51):
Week, is saying he agreed, by signing that contract and
buying that truck, he agreed not to rely on verbal promises.

Speaker 2 (47:01):
Not only not.

Speaker 6 (47:02):
Rely on it, he also agreed that no promise or
email coming from any employee period, end of story, means nothing.
Everything reverts back down to the written agreement that was it.

Speaker 8 (47:17):
I think that's in reference to emails and promises made
prior to signing that contract.

Speaker 6 (47:22):
Okay, so when you buy a car you can change us.

Speaker 2 (47:26):
That's insane.

Speaker 5 (47:28):
No, Marcus saying at the time he signed the contract
he waived his right to depend on anything else. He
is what saying, I agree that I'm relying on this
contract in this contract alone.

Speaker 6 (47:42):
Thank god, because that would completely change everything in the world.
How we do business, from airplane sales, helicopter sales, you
name it. We're talking about a twenty thirteen used vehicle.

Speaker 2 (47:55):
Think of a house.

Speaker 6 (47:56):
Think if I'm building the damn Pepsi Center and I've
got a foundation warranty after ten years, and some sales
rep says I'll handle that for you.

Speaker 5 (48:06):
Well, so promisory is stoppel is It does not require
a contract, but it does require a definite, a definite promise.
And this was not a definite promise.

Speaker 9 (48:18):
You a check ahead of time. Sounds pretty definite to.

Speaker 2 (48:21):
Me, he said, get me an invoice slash estimate.

Speaker 5 (48:25):
Yeah, and so what if it was fifty thousand dollars, Yeah,
that's that's unreasonable.

Speaker 8 (48:30):
Well, that's probably unreasonable. So if our caller can show
that this estimate for the repair is actually reasonable and
he's not trying to sneak in some upgrades or unneeded repairs,
then that's reasonable.

Speaker 9 (48:43):
Now, but mark you hear me?

Speaker 5 (48:45):
Yeah, go ahead?

Speaker 7 (48:46):
So yeah, So I mean, in my opinion, I know,
but I the rear suspension, the airbag rear suspension, like
I said, is probably like three thousand dollars or something.
So I was willing to even meet them in the
middle by saying, Okay, well, like we can just do
the coil suspension. I'm fine, I just want it fixed.
I don't even like if they can get it fixed
for four this.

Speaker 6 (49:07):
Guy, so now it's three thousand. This is just insane.
How much is the truck worth? At what point are they.

Speaker 2 (49:15):
Going to pay you? How are they going to pay
you to own the truck? How much did you.

Speaker 7 (49:20):
Pay her twenty thousand dollars for the truck?

Speaker 5 (49:23):
Okay, by the way, I have to take this break.

Speaker 2 (49:26):
Here's here's the bottom line. That promise made.

Speaker 5 (49:29):
Dmitry feels should be, it should be enforceable, and you
should be able to get paid no matter how much
it costs, and except if it's what's called unreasonable, and
again that's up in the air. Mark feels like you
can't just sign a contract saying you're not going to
rely on other things and then rely on it afterwards,
and and and make the entire dealership responsible.

Speaker 6 (49:51):
Nor if this guy and last last thing, nor if
this guy doesn't have the ability to literally write a
check from AutoNation, and I mean, what's he going to do?

Speaker 2 (50:01):
His boss probably said, what are you crazy to use vehicle?

Speaker 6 (50:05):
It's been a month. We're not gonna give this guy
eighteen hundred bucks?

Speaker 5 (50:09):
Too bad?

Speaker 2 (50:10):
I mean unless if.

Speaker 10 (50:11):
He literally has the ability to write the check, who cares?

Speaker 5 (50:15):
Denverregen dot com for painful joints and tendons. I've had
stem cell therapy there for pain.

Speaker 2 (50:22):
It knocked it right out of me.

Speaker 5 (50:24):
I swear to you it worked. And for hair refurbishment
or whatever you call it, it really worked. Denver Region
dot com. Go with a sure thing Denver's best roofer
Excel Roofing dot com. You don't pay a cent until

(50:45):
you're content. Time for an insurance checkup free, no obligation.
In comparison, call Compass Insurance pain 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

(51:06):
Alliance three oh three nine two zero sixteen twenty.

Speaker 13 (51:09):
Two Okay, so I'm going to go to some other calls.

Speaker 5 (51:20):
I'd welcome comments on this, but there's a clear and
distinct promise made and now it's not being kept. You said, Dimitri,
you were going to call the sales manager.

Speaker 2 (51:31):
I did, and what happened.

Speaker 8 (51:33):
I left Tyler a voicemail, and I did in a
very non threatening, non confrontational way. I said, Look, there's
always more than one side to the story. Give me
a shout, let me know what you're thinking, let me
know if you think there's some middle ground for you too,
For you and Mike.

Speaker 6 (51:45):
How many times have we heard back from Modernation zero? Yeah,
and then really they don't with you, that's with any
of our deputies.

Speaker 8 (51:53):
Bo Bo always complains about them. I always complain about them.
I cringe every time I drive past an AutoNation sign
on the road.

Speaker 5 (52:02):
This is a textbookcase of promisory estoppel, according to AI,
because it's not it's not in writing, and it's not
inside the contract.

Speaker 2 (52:13):
It was a clear and definite promise.

Speaker 6 (52:16):
So even those contracts nothing Why do they put things
in contracts like nothing oral? How about in the state
of Colorado when it comes to land, when it comes
to real estate.

Speaker 5 (52:27):
I think when when when excited, I know what you're
saying about in the contract where it says this supersedes
blah blah blah blah blah.

Speaker 2 (52:35):
Why even have it?

Speaker 5 (52:37):
Well, because up to that point they're saying, if you
don't see it in the contract up to that point,
so eat.

Speaker 6 (52:45):
In this point, this caller agreed that nothing in writing
write anything.

Speaker 2 (52:51):
Forget.

Speaker 6 (52:52):
I can't even talk about it anymore. Now, No, you're
that to that point of you one, do you pay
for his attorney? One of you to pay for his
attorney in his legal fees if he wins this argument
not a settlement. If he wins this in front of
a judge and we can recap it on the show
all the time, I will pay for the legal fees.

(53:14):
If not, you guys are out for the legal fees.
The caller wins either one.

Speaker 5 (53:18):
All I'm saying, but all I was trying to say,
is when you sign a contract and it says you're
not relying on anything, blah blah blah blah blah. Okay,
we all know that wording saying nothing outside of this
contract he signed it to that point, he didn't rely
on anything. After he signed that, and that deal was done.
The sales manager said, by the way, get me an
invoice and we'll get it paid. So that was after

(53:42):
that contract. It was a separate and distinct promise. That's
all I'm saying. I don't know if it's enforceable. I'm
not taking a stance on this where I think you're
absolutely wrong. I don't.

Speaker 2 (53:55):
I would love I would love if.

Speaker 5 (53:57):
A retired judge or someone was listening could weigh in
on it, because it is a good discussion promise. Ory
Estopel by the way, I need to so we have
a common Wait wait, wait, wait, you walk into best
Buy and buy a TV.

Speaker 6 (54:12):
Let's talk something cheap of five thousand dollars Samsung TV
that has a.

Speaker 2 (54:18):
One year warranty, right, one year warranty, and.

Speaker 6 (54:21):
The salesperson from best Buy emails you at some point saying,
you know what, I'm going to go ahead and give
you a better warranty. Uh, that's it. Here's my email.
Now you have a better warranty.

Speaker 10 (54:33):
It could be actionable by three yearsable.

Speaker 5 (54:37):
I mean I don't know, Mark, I mean that could
be actionable.

Speaker 2 (54:40):
I don't know. First of all, you have.

Speaker 6 (54:42):
The guy agreeing that everything that has to do with
this sale is right there in that contract.

Speaker 2 (54:47):
That's what you gotta throw that out. And judge would
have to throw that out. No, No, judge would have.

Speaker 5 (54:51):
To say that point.

Speaker 6 (54:53):
Hold about that point then the judge, then the judge
on this is a contract. Then the judge would have
to say the salesperson had the authority to enter into
a contract.

Speaker 5 (55:07):
Okay, all I'm saying is up to the point he
signed the contract. He is saying, I'm not relying on
anything outside of this contract. Then he signed it, so
that was done and it was true. He didn't rely
on any verbal promises up to that point. After that
there was a promise, ay, estoppel made according to what

(55:29):
was told to us. By the way, I want to
just hear what Steve, he's a listener has to say.
Maybe he knows. Steve, what is your comment on this?
Make it brief, please, I do have to take other calls,
but this is.

Speaker 2 (55:39):
A fascinating promisory.

Speaker 5 (55:41):
Estoppel is a very fascinating part of the law because
it lies outside of all contract law. Steve, go ahead,
what did you want to say?

Speaker 7 (55:51):
Well, good morning.

Speaker 14 (55:52):
First of all, you got to wake up every morning
with a buck of the gratitude for beating bank reatit
cancer because you're the only one to know it of
thirty family and friends.

Speaker 2 (56:00):
And thank you, Steve. I do, I do wake up
with gratitude.

Speaker 5 (56:04):
I swear to God and every every minute it doesn't
escape me.

Speaker 2 (56:09):
So what's going on. What's your comment on this?

Speaker 7 (56:12):
Well, you get your base or medical back.

Speaker 2 (56:15):
Yeah, I never lost it.

Speaker 5 (56:17):
Good.

Speaker 14 (56:18):
Okay, here's the issue and that I found I did.
Something's right, something's wrong. Anyway, there's a large brooker here
in town on Woodland, and I really had an inkling
for this really beautiful three of the SR and I
wrote into the contract this contract espressly subject and contingent

(56:40):
on pete purchase inspressions with repairers not to see twos ousand. Okay,
I went ahead. I went ahead, and I made a
big mistake. I paid him before we did the expression.
But anyway, long story short, there was like two thousand
in suspension drive pain issues. There's another two thousands just
on the driver's seat.

Speaker 5 (57:00):
But it was written into your contract though.

Speaker 14 (57:03):
I wrote it, Yes, I wrote it, but this.

Speaker 5 (57:06):
Is this is not the same issue because their contract
was done.

Speaker 2 (57:10):
Yeah, but let's hear what he's got to say? What happened?
Go ahead, go ahead.

Speaker 14 (57:14):
Well, I know what I'm saying is everyone and I agree,
should have a free purchas aspecsion and there is a
place for additional provisions. You're right in there that buyer
will pay for a free purchase, suspession repairs not to
exceed X and unfortunately what it and paid the guys.

(57:36):
And like I said, it was like four or five
bucks from suspension.

Speaker 2 (57:40):
What ended up happening.

Speaker 15 (57:43):
What ended up happening was.

Speaker 7 (57:45):
The owner.

Speaker 14 (57:47):
Kept calling me every single day, multiple times a day,
when you're gonna forget your card? And I said, I
guess you don't get it. You didn't read the contract.
Well finally they did return the money.

Speaker 5 (57:59):
But okay, but uh, I get it, Steve. He could
have gotten a refund for sure. He chose, you know,
to rely on this promise he's saying, and they should
pay for it. Shannon, you've been waiting quite a while, Shannon,
what is your question on solar?

Speaker 16 (58:16):
Yeah, thanks for taking my call.

Speaker 2 (58:18):
Yes, sir, thank you for waiting.

Speaker 16 (58:20):
When you were talking about the solar with the businesses. Now,
if a person had some acreage and put up some
solar panels and was putting power back into Excels power grid.
Now could they go out and sell share of their yes?

Speaker 5 (58:35):
Or yes they can, and that would actually be your business.
So it could be Shannon's solar business. That could actually
be your commercial purpose.

Speaker 6 (58:44):
Brooke did a huge one, I mean a huge yes.
Yes up in what's that gambling town called Tyler County,
Tyler County, And that's exactly what they're doing. In fact,
when it's finished, they'll be selling to those casinos up
there that now they have to sell it if I
recall for fifteen percent less than the utility. But that's

(59:06):
exactly how it works, man, exactly what you're talking about, Shannon.

Speaker 16 (59:10):
And they're so getting paid from Excel to push energy
back into the grid as well.

Speaker 5 (59:15):
Yeah, exactly, that's right for you can have a direct
retail customer, or you can have an offset with Excel
which will then pay you once you use one of
your own power.

Speaker 6 (59:28):
But generally speaking, what you do is you find the
right place to do it. In other words, if you
have nobody retail around you, I don't know if you'll
get all the grant money. But that's why you got
to talk to Brook. There's certain areas out there. If
you can go in and buy the land and then
create the whole thing, the grant money and the tax credits, you.

Speaker 2 (59:49):
Could be flush. You could be zero out of pocket
and you can make a lot of money. By the way,
they're now Alliance roof and Solar.

Speaker 5 (59:58):
The website still red rocks are Yes dot com, but
the name of the company Alliance roof and Solar three
zero three seven zero four.

Speaker 2 (01:00:05):
Two four four nine.

Speaker 5 (01:00:07):
You know, she has one where the system was paid
for one hundred percent by the government with grants. That's
when we had some grants and we had federal credits,
so one.

Speaker 2 (01:00:18):
Hundred percent of it was paid.

Speaker 5 (01:00:19):
The guy is making like three hundred thousand dollars a
year selling electricity. I mean, listen, they want to encourage
people to build commercial systems. It's not like wink wink,
let's cheat the government. The government wants you to because
for every kill a wat of solar power, they figure

(01:00:40):
they have no killowatts of oil or gas, and that's
what they're looking for. So, Shannon, if you have a
piece of land where you can put a solar field,
you can make a lot of money. In fact, Mark,
I think we discussed it like should we look into
doing that?

Speaker 2 (01:00:56):
And the must you got to call.

Speaker 6 (01:00:59):
You just got to call because there are certain areas
at it's best for it. But if you sound her
in the land, sure call her up, tell her the address.
You'll let you know the deal.

Speaker 3 (01:01:08):
Kids.

Speaker 5 (01:01:09):
Thank you go with a sure thing Denver's best roofer
Excel Roofing dot com.

Speaker 2 (01:01:17):
You don't pay a cent until you're content.

Speaker 5 (01:01:23):
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
oh three nine two zero sixteen twenty two. Hey, I'm

(01:01:47):
Tom Martino Major Mark Major had to step out. I
have still have Deputy de at my side. Uh kajina.
Anybody back at the ranch holding down the ford?

Speaker 2 (01:01:57):
Kiss myself and Dragon Dragon? Okay.

Speaker 5 (01:02:02):
By the way, when Mike Brown moves over to Koa,
will Dragon go with him?

Speaker 14 (01:02:09):
Sure?

Speaker 5 (01:02:09):
Will? Okay, that's pretty cool, though we don't know who's
doing mornings on k How anymore do.

Speaker 2 (01:02:18):
We rotating lineup until the beginning of the year.

Speaker 5 (01:02:23):
Okay, So as far as the KOA switchover?

Speaker 2 (01:02:28):
What times? What time will you be on? Over there?

Speaker 1 (01:02:31):
Ross Kiminski will be doing six a m.

Speaker 9 (01:02:33):
To nine am.

Speaker 4 (01:02:34):
Michael Brown will be from nine am to noon.

Speaker 5 (01:02:38):
Okay, Well, good luck, man, that's great. You will you
still be doing stints on my show?

Speaker 3 (01:02:45):
Sure?

Speaker 5 (01:02:45):
Why not?

Speaker 2 (01:02:46):
Okay?

Speaker 5 (01:02:48):
Okay, Now let's go back to the phones. And by
the way, Deputy Dimitri said, this guy should do small
Claims court because really and truly there was a promise made. Now,
there might be some weaknesses in the argument, but you
feel like he.

Speaker 2 (01:03:06):
Has a good shot.

Speaker 8 (01:03:07):
Yeah, I think that there's no question about a promise.
The only issue of contention. Point of contention would be
how much do they actually owe him based on that promise?

Speaker 9 (01:03:16):
What is reasonable?

Speaker 8 (01:03:17):
And that could be up to the judge to listen
to both sides of what's reasonable and come up with
some kind of a you know, some kind of a
final number.

Speaker 5 (01:03:25):
Yeah. Okay, Larry, what's happening with you, Larry, let's revisit this.
I'm trying to find your call. Go ahead, Larry, what's happening?

Speaker 15 (01:03:36):
Good morning, tom So. A little over two.

Speaker 11 (01:03:38):
Weeks ago, you and I spoke about roofing that I
had done about a month and a half ago, and
during the course of the work they discovered that I
needed new dnking.

Speaker 5 (01:03:47):
Oh I remember, and that was American Family and his
insurance agent said it's covered but now. But then after
repairs were made, well, this is another promise, are estoppelm
After repairs were made, they denied the claim.

Speaker 15 (01:04:04):
Right, and I took your advice.

Speaker 9 (01:04:06):
It took me two.

Speaker 11 (01:04:07):
Weeks, over two weeks to get the documentation that they
promised me they would provide back when and I took.

Speaker 2 (01:04:14):
Your What documentation was that that you wanted?

Speaker 11 (01:04:17):
Well, I wanted something in writing explaining why the talk
the decking was.

Speaker 5 (01:04:24):
Being denied exactly and denial language is important, right.

Speaker 11 (01:04:29):
I emphasized, based on your recommendation, that the issue wasn't
about wear and tear, but rather holes in the wood
and spacing issues.

Speaker 5 (01:04:37):
Which means there would be a code as I remember,
it would be a code upgrade at that.

Speaker 2 (01:04:42):
Point, right.

Speaker 11 (01:04:45):
So I finally got a one pager on Tuesday, And
to be honest, I can't make heads retails of what
it is trying to tell me. I was hoping to
see just two words Decking excluded.

Speaker 15 (01:04:58):
I would have gone on with my life.

Speaker 5 (01:05:00):
But what does it basically say? Summarize it for us.

Speaker 15 (01:05:05):
I'll be honest, there's so much legal leaves that I
can't even summarize.

Speaker 5 (01:05:09):
Okay, I want you to do this. I gotta take
a break. I got backed up here and I want
to read it. Okay, So send it over Kashina. Have
him send it to us as quickly as possible, and
I will read it and we'll talk about it either
this hour or at the beginning of next hour plus.
We have open lines at three oh three seven one
three talk seven one three eight two five five. Go

(01:05:37):
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 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

(01:05:59):
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 Tom Martino, You're
a troubleshooter, so I have I have so many emails
and texts I'll start digging into as many people don't

(01:06:23):
choose to call because of either a wait time, they
don't have wait times. Now, some days are jams, some
days aren't. I have no control over. But I will
tell you this. I have an email about a car
theft ring that you will not believe. I'll bring up
in the next hour. Larry your roof isshue right now?

(01:06:47):
You got the letter? Did you send it to us?

Speaker 9 (01:06:51):
I did?

Speaker 2 (01:06:52):
Okay, I'm going to read it during the news break.

Speaker 5 (01:06:55):
And here's what you may have to do. You Well,
there's a few things. One, you just pay for your
own decking. But if the decking, even if it had
normal wear and tear, if the decking was not up
to code, you couldn't get it replaced by insurance under
what's called code upgrade. Did your roofer tell you about that?

Speaker 2 (01:07:21):
He did? Are you using Excel roofing?

Speaker 11 (01:07:25):
No?

Speaker 5 (01:07:26):
Okay, So if you can get the code upgrade, they
can't deny you even if it was worn out. Are
they kind of saying, well, this is normal wear and tear.
It's been on the roof for X amount of years?
How many years has it been on there?

Speaker 11 (01:07:43):
At least fifteen years?

Speaker 5 (01:07:46):
Okay? Did they use any in that letter? Did you
pick out any words like normal wear and tear?

Speaker 11 (01:07:54):
No?

Speaker 7 (01:07:56):
Nope?

Speaker 5 (01:07:57):
Okay, So, Kashina, did you forward that over to me?

Speaker 4 (01:08:02):
I did?

Speaker 2 (01:08:02):
It should be in your inbox?

Speaker 5 (01:08:04):
Okay, good, I'm gonna look at it right now. Okay,
So here it is. I'm just going to try to
see if I can.

Speaker 2 (01:08:10):
So it says the ordinance of.

Speaker 5 (01:08:12):
Law when when a covered property a coverage of oh wow,
wow wow, this is like god, we will pay for
described expenses due to the enforcement of an ordinance or
law that's talking about code upgrade. The limit for this
coverage is shown in declarations. The limit is part of
the limits.

Speaker 2 (01:08:33):
Okay. So what they're saying is we will pay an.

Speaker 5 (01:08:35):
Increased cost of construction due to code upgrades. Basically is
what they're saying. And I'm going to go over this
and I'll have an answer for you. I'm going to
have Deputy Dego over at true with me. But the
bottom line is this, it's all going to be in
this contract and you're not going to get anything beyond it.
But if they're kind of construing it against you and

(01:08:55):
they made up the contract, then you can likely win.
So hold on, we'll talk about this and the car
theft ring coming up. Go with a sure thing Denver's
Best roofer Excel Roofing dot com.

Speaker 2 (01:09:07):
You don't pay a cent until you're content.

Speaker 5 (01:09:11):
Leave 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 (01:09:33):
He ripped.

Speaker 1 (01:09:40):
You needs who you don't have to.

Speaker 3 (01:09:46):
Run anxious as fast as we can.

Speaker 1 (01:09:49):
Shooter's gonna help.

Speaker 3 (01:09:51):
Come.

Speaker 4 (01:09:53):
This is the Troubleshooter Show. No Tom Martinez.

Speaker 2 (01:09:58):
Hey, Hey, hey, I'm Tom Martsin. You know, welcome to
the show.

Speaker 5 (01:10:01):
We got a very interesting case on the line right now.
And by the way, all of the cases are interesting,
but this one really brings up a point that I
think needs to be dealt with because we get these
client we get.

Speaker 2 (01:10:16):
These calls all the time. Let's just break it down.

Speaker 5 (01:10:18):
It's about home homeowner's coverage, Okay, on a roof specifically.

Speaker 2 (01:10:23):
Now, I want to explain something.

Speaker 5 (01:10:25):
Homeowner's policies are replacement cost coverage most of the time
unless you have an ACV coverage. ACV means actual cash value.
So let's say you're your roof is ten years old
and it's a twenty year roof. I'm just using these
numbers as I said, as an example. So if you

(01:10:49):
have a twenty year roof and it's ten years old,
under an actual cash value, the insurance would be responsible
for half what the roof is worth, and the roof
would be half of what it was or what it
is to replace.

Speaker 2 (01:11:08):
Now that's ACV.

Speaker 5 (01:11:11):
More and more insurance companies are going to ACV because
it is becoming very expensive to ensure houses in Colorado.
The other kind of coverage is what we're all used to,
actual replacement cost. So at the time of the loss,
no matter how old your roof is, they replace it

(01:11:32):
and they replace it.

Speaker 2 (01:11:33):
With new like roofing.

Speaker 5 (01:11:34):
Okay, you can pay extra if you want to go
and upgrade. So most policies are still replacement cost coverage,
but only for things damaged by the storm. However, there
is a special There was a situation, not one, but

(01:11:55):
several situations where roofers would tear off the roof and
they're ready to put a new roof on, but for
some reason, the inspector not. For some reason because of
the building code. The inspector would say those trusses are bad,
or the decking was not put on properly to begin with,

(01:12:16):
and it's not up to code. So a lot of
people were finding themselves in a position where the roof
was covered because of the hail damage, but the code
upgrades were not covered. So you had people that had

(01:12:36):
to pay an enormous amount of money to bring their
house up to code.

Speaker 2 (01:12:41):
And that extended to other things.

Speaker 5 (01:12:43):
For example, we had one family that had a deck.

Speaker 2 (01:12:48):
And the deck was heavily.

Speaker 5 (01:12:50):
Damaged by hail and wind, and they were having the
deck replaced, but the way the deck was anchored to
the ground was not up to current code, so all
of the piers had to be replaced as well. The

(01:13:10):
insurance company said, we're not paying for that and they
did not have to Why because that particular homeowner did
not have a special rider on their policy, which is
called code upgrade.

Speaker 9 (01:13:28):
Is that the same as ordinance in law?

Speaker 2 (01:13:30):
Yes, that's what they meant code. Yeah, the code.

Speaker 8 (01:13:32):
So that leaves us of the question does our caller
actually have ordinance in law coverage?

Speaker 5 (01:13:37):
And that's what we're going to find out. So I
want to talk to Larry. First of all, let me
take Paul's comments since he called phoned in. What is
your comment on this whole situation where they're not covering
the deck of the roof. They're only covering the roof,
and Larry believes that they should cover the deck as well,
but the insurance company is basically saying it's normal wear
and tear. And by the way, Larry, the letter that

(01:13:59):
you got the specimen the example is of a rider.

Speaker 2 (01:14:03):
It is not a denial letter.

Speaker 5 (01:14:05):
They did not give you a denial letter yet that
I can see.

Speaker 2 (01:14:08):
Paul, what is your comment.

Speaker 17 (01:14:12):
Good afternoon. Yeah, you just covered the issue I wanted
to address that had not been addressed up to that point.
I've had three different insurance companies in the last bunch
of decades on my home. All of them had had
current cost replacement cost rider as well as code upgrade,
and believe me, I've leveraged it over the years. So

(01:14:35):
that's the first thing to look at. What is his leverage, right,
and if he has those riders, he's paid for it
and it'll get covered. It's really as simple as that.
The insurance company should if.

Speaker 14 (01:14:47):
They deny it.

Speaker 17 (01:14:48):
And I haven't read the letter, but you're not a
denial letter, but they should clarify if they're denying it
what the basis is. If it's because he doesn't have
that rider and you know the other writer, he's got
to take it out of pocket, right glory, that's all right,
Thank you, Paul. I would encourage everyone to have that
that It doesn't cost that much and it's really a

(01:15:09):
big peace of mind because the codes.

Speaker 7 (01:15:11):
Are always changing.

Speaker 17 (01:15:12):
And for me it was critical because I have a
house that's over one hundred years old. So anything that
goes on, you know, in terms of insurance, remodeling or repairs, yes, yes,
I typically would have to do a code upgrade.

Speaker 5 (01:15:28):
So all those listening, the tip we have, thank you
for calling. The tip we have is this, make sure
you have code upgrades, okay, as a rider code upgrade,
because it has to be to today's code, or without
that rider you pay out of the pocket. So, Larry,
I instructed you when you called, and they said, well,

(01:15:51):
this decking is old, this decking is worn out. We
don't pay for worn out. And by the way, they don't.
They don't. We've had this happened before with cases. Insurance
companies don't pay for things that wear out.

Speaker 2 (01:16:05):
Insurance companies pay.

Speaker 5 (01:16:07):
For catastrophic, sudden, accidental, or sudden loss from an event
or outside cause. They that's what they cover. So the
question I have for you, Larry, is very basic. When
you ask them for a reason for denial, they sent

(01:16:30):
you this is that right?

Speaker 15 (01:16:33):
Yes, And they told me they were putting the denial
letter in the mail, so I should be getting that
within the next few days.

Speaker 2 (01:16:39):
That's going to be key.

Speaker 5 (01:16:40):
But I want to ask you, do you have this
writer on your insurance?

Speaker 11 (01:16:45):
I thought I did, and I was led to that
conclusion when I first reached down to my insurance agents
explain the issues with the decking, and he's like.

Speaker 2 (01:16:54):
Yeah, and how long ago was that, sir? How long
ago was that?

Speaker 7 (01:16:58):
That was?

Speaker 15 (01:16:59):
Within a month time I mean it was during the
work on the roof.

Speaker 5 (01:17:04):
Do you have your policy where you can If you
have your policy, there is something called the declarations page.
It's usually the first or second page of your coverage.
And what it says on that declarations page it says
what you're insured for. Then it breaks it down to

(01:17:25):
the site, to the house, to contents, to off premises coverage,
to exclusions. Mostly declarations don't have a lot of exclusions,
but they're exclusionary in that they're not on the declarations page.
But they also have special writers listed separately, and it

(01:17:47):
will be like a sewer backup writer or whatever.

Speaker 2 (01:17:50):
They call it, a code upgrade writer.

Speaker 5 (01:17:53):
And here they're calling it ordinance and whatever, upgrade whatever.

Speaker 8 (01:17:57):
And by the way, you can get that online within
about a couple of minutes from now I have and
I have an online.

Speaker 2 (01:18:06):
It takes a second to that's a good idea, Dan.

Speaker 8 (01:18:08):
The declaration pages, they're actually listed right there as their
own standalone Larry, do you have.

Speaker 5 (01:18:13):
An online Do you have online access to your account?
I do? Okay, Well, you can go on right now
within minutes and pull up your declarations page and send
it to us and send it to us or read it,
because if you don't have the coverage, you don't have
the coverage.

Speaker 2 (01:18:32):
I want to talk to Henry Bretts, one of the owners.

Speaker 5 (01:18:37):
He and his dad on Excel roofing Excel as an
ex cel, I always say as an excellent because they are. Hey, Henry, listen,
what would you say the percentage is that you run
into for people that do not have code upgrade coverage?

Speaker 18 (01:19:00):
You know that it's a very low low percentage of
time that we can't get code upgrade approved, just because
when we readeck or reroof these houses, it's required by
the City of Denver IRC code nine zero five two one.

Speaker 2 (01:19:18):
Yeah, we don't care about the number. But thank you
for that, Henry.

Speaker 5 (01:19:20):
Thank you.

Speaker 2 (01:19:21):
So you're required.

Speaker 5 (01:19:22):
But if they it doesn't matter how important it is.
If they don't have this clause, Henry, they can't depend
on a roofer to try to get it done. Unless,
of course, now remember this, if the deck was damaged
by the storm, you don't have to have the code
upgrade to get it fixed. You get it fixed because

(01:19:45):
it's insured. But what percentage of the time, Henry, would
you use, So you're telling me most.

Speaker 2 (01:19:50):
People have code upgrade writers.

Speaker 5 (01:19:54):
I want to ask you this, what percentage of the
time or is it common that the deck itself is
damaged by hale?

Speaker 18 (01:20:05):
So the decking itself is very rarely damaged by hale.
And with our customers I'd think probably ninety percent of
them that we have to fight over decking, we get
approved because it is just a necessary part of reroofing
the house.

Speaker 5 (01:20:21):
Yeah, but whether those people had the rider or not,
you don't know, right, I mean, in other words, you
get it approved, but that's probably I'm guessing it's probably because.

Speaker 2 (01:20:35):
They had code upgrade.

Speaker 5 (01:20:37):
Unless you know of cases where they had no coverage
for the decking. The decking was not destroyed by the hail,
but the decking is simply old and worn out and
you were able to get it covered. If that's the case,
that's extraordinary. That's extraordinary. But you would have to know decking,

(01:20:59):
what's that.

Speaker 18 (01:21:00):
When it's space, When it's space decking, that's oftentimes the
case that we are able to get that redeck.

Speaker 2 (01:21:07):
Yeah, would you explain that, Henry.

Speaker 5 (01:21:09):
You said one of the first things your estimators do
is they check the attic for what you call space decking,
and and homeowners can do that on their own, right, right.

Speaker 2 (01:21:20):
They can go up and look, what are you looking at?
What is space? What is space decking?

Speaker 18 (01:21:26):
So the space decking is just in between the boards,
there's a little there's a little gap. And so in
like the city of Denver, for instance, the law is
around a half inch, and so if the decking is
spaced out over that half inch, or it's a gap
greater than a core inch, in some municipalities they need

(01:21:47):
to have the decking resheathed with OSB so there's no
holes in between those boards.

Speaker 5 (01:21:54):
So they so if they they used to install decking
with with with gap in between them, right, yeah.

Speaker 18 (01:22:03):
And you know it did ventilate a little bit better.
But since then in twenty eighteen, the code was changed.

Speaker 5 (01:22:09):
Okay, so definitely if you have what's called space decking
or gapped decking, it would be covered under code upgrade insurance.
And by the way, if you do not have code
upgrade insurance, you can easily purchase it after the fact.
So I recommend that people check their policies immediately to

(01:22:31):
see that they have code upgrade. However, if you can
make the argument that the decking was damaged by the storm,
which is very rare. You can get it covered or
somehow Excel Roofing has been successful getting it covered. We're
maybe even when there wasn't code upgrade insurance. And to me,

(01:22:55):
that's a feat, and I think that would be you
should not rely on that.

Speaker 2 (01:22:59):
You should always have the riders.

Speaker 5 (01:23:02):
But again, Larry, did your insurance company talk directly to
American Family adjusters.

Speaker 15 (01:23:12):
They a cometed to but never did receive it.

Speaker 5 (01:23:15):
Okay, I want you to check. I need to take
a break three or three seven one, three, eight.

Speaker 2 (01:23:19):
Two five five. I want you to see if.

Speaker 5 (01:23:23):
You have that code upgrade while we're on the break.
Dan McKenzie can do a will for you. He can
do a trust, he can do a combination will trust.
He can do beneficiaries deeds. You can even do LLC's
a family LLC to keep things in and the LLC
passes right through someone's death onto the other side and
no need for probate. He's got so many creative ways

(01:23:45):
to do your estate plan, McKenzie, law, I love them.
I'm using them. You'll love them too. The personalized attention
they give is outstanding. Eight three three COO plans eight
three three co plans and the website c plans dot co.

(01:24:06):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com.

Speaker 2 (01:24:10):
You don't pay a cent until you're content.

Speaker 5 (01:24:16):
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 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.

Speaker 3 (01:24:39):
Nine.

Speaker 5 (01:24:40):
Tom Martino here three O three seven one three talks
seven one three eight two five five. So Denverregen dot
com can take care of painful joints and tendons, and
they do a spectacular stem cell job so and they
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(01:25:03):
they do hair augmentations so stem cells and PRP for
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Denverregen dot com. So you know.

Speaker 2 (01:25:18):
This is weird.

Speaker 5 (01:25:19):
This is weird because really and truly, he either has
the coverage or he doesn't. If he has the deck
cover it. Excuse me, the building code upgrade coverage, they
have to upgrade it or if it was directly damaged
by the storm. And I don't think anyone is making
that claim. So, Larry bottom line, did you were you

(01:25:44):
able to look at your declarations page?

Speaker 11 (01:25:48):
Yes, and unfortunately I did not see any language pertaining
to that.

Speaker 2 (01:25:53):
No code upgrade.

Speaker 5 (01:25:54):
No is there anything that says ordinance upgrade. It doesn't
upgrade it or anything ordnance coverage?

Speaker 2 (01:26:05):
What were they calling it on?

Speaker 5 (01:26:07):
Go ahead?

Speaker 8 (01:26:07):
It's called law and ordinance at least that's what's called
my American family policy.

Speaker 2 (01:26:12):
Law and ordinance.

Speaker 15 (01:26:14):
Yeah, it's got a ten percent limit.

Speaker 5 (01:26:17):
Well this wait, wait, so you do have some law,
some upgrade insurance.

Speaker 7 (01:26:24):
That's what it says.

Speaker 4 (01:26:29):
We can send ordinance or law.

Speaker 5 (01:26:32):
Okay, limit ten percent limit of what ten percent of
dwelling amount, ten percent of the claim?

Speaker 8 (01:26:38):
I think it's a ten percent of the claim, probably
percent of the repair.

Speaker 5 (01:26:43):
Let's ask Henry Henry Bretts, go ahead, you had more
to add to this, what's going on?

Speaker 3 (01:26:49):
Yeah?

Speaker 18 (01:26:49):
So I was able to pull up some info just
from the customers that we've taken care of. And just
to answer your question real quick, it's usually ten percent.

Speaker 7 (01:26:57):
Of the right amount.

Speaker 18 (01:27:00):
In Colorado they actually up that twenty percent of the
dwelling amount. But I was able to look over some
of our internal data. Okay, it looks like when the
insurance provide the coverage, they allow customers to opt out,
but it is required by law that the whole company
does offer it.

Speaker 5 (01:27:19):
Okay, that's good to know. That's good to know.

Speaker 18 (01:27:22):
A sjority of people should have the insurance unless they've
opted out, right, gotcha? Ten percent to ten to twenty percent.
In twenty twenty five, they raised it to twenty percent
of the dwelling.

Speaker 5 (01:27:35):
Okay, So if your dwelling is insured for five hundred thousand,
then you do the math and you get the coverage,
but you have to have that rider. And again that
rider is automatically included and you have to opt out
of it.

Speaker 2 (01:27:49):
So that's probably why you have it, Larry, Larry, if you.

Speaker 5 (01:27:52):
Could send us the information, we would love to look
at it. Kaschina will tell you how you can send
it to us, and we have plenty of time during
this show to read it. So thank you for calling.
And Henry Bretts excel Roofing, thank you very much, excel
excel roofing dot com and they have their online estimates

(01:28:13):
for their lighting. We call it holiday lighting, but it's
really architectural accent lighting for holidays, birthdays, game days, any
celebration you want. They go online and they can get
their estimate excelroofing dot com. Let's talk to Joe. Joe,
Welcome to the show. What's going on with you? Joe?

Speaker 19 (01:28:35):
Hey, I'm going to be announcing my retirement to my
employers soon and I have two auctions.

Speaker 20 (01:28:42):
I can give him give them a lot of notice,
or I can give them two weeks. I don't have
a problem giving them a lot of notice, like three months.

Speaker 15 (01:28:54):
My only question is do.

Speaker 7 (01:28:57):
I if I.

Speaker 15 (01:28:58):
Give them three months and.

Speaker 20 (01:28:59):
I say, you know what, get out of here, right?

Speaker 19 (01:29:03):
Do I have any protection or no, I'm not.

Speaker 15 (01:29:06):
I'm just no, we'll employ you.

Speaker 5 (01:29:08):
That's right.

Speaker 2 (01:29:09):
No, you don't have it.

Speaker 5 (01:29:09):
The only time you have protection is if they do
it for a reason that is illegal. But if they
say their reason could be he's leaving anyway, we'd rather
replace him sooner than later. So the easy answer is
they can do anything they want. What they can't do
is fire you for a discriminatory reason something that would

(01:29:35):
be considered discriminatory, and they won't be. But what is
your relationship like with him?

Speaker 15 (01:29:45):
I like my employer, they like me.

Speaker 20 (01:29:47):
I have no reason to believe that they.

Speaker 2 (01:29:51):
But I'm asking what kind of work is it?

Speaker 5 (01:29:54):
Is it more of a management role or is it
a workaday role?

Speaker 15 (01:29:58):
A management management salaried.

Speaker 5 (01:30:02):
Now, if you were leaving to go somewhere else, they
would definitely get rid of you.

Speaker 2 (01:30:06):
But leaving for a retirement, I.

Speaker 5 (01:30:10):
Think I would give them more notice than than there's required.
I think I would. You know, I enjoyed my life here.
Blah blah blah.

Speaker 2 (01:30:17):
How long have you been there?

Speaker 15 (01:30:20):
Well, it's this company.

Speaker 20 (01:30:23):
Six seven years, but forty five in the industry?

Speaker 2 (01:30:27):
What kind of industry is it? Property care management?

Speaker 14 (01:30:36):
Man?

Speaker 20 (01:30:37):
Okay, yeah, all facets. But the reason I'm asking is
because I have a decent bonus due next time. I
was three months get that bonus?

Speaker 5 (01:30:54):
Do you?

Speaker 3 (01:30:55):
Oh?

Speaker 5 (01:30:55):
Yeah? That hold on that changes a lot. That change
is a lot. I would not jeopardize that bonus at all. Yeah,
I would would, dia, would you take a chance on that?

Speaker 9 (01:31:06):
I would wait for the check to clear and then
give them my notes.

Speaker 5 (01:31:09):
No, I really, Now, when when do you get your
bonus at.

Speaker 2 (01:31:14):
The end of the year.

Speaker 15 (01:31:17):
I get bonuses every quarter plus a year end bonus.

Speaker 5 (01:31:21):
That yeah, so what is the bonus? What is the
bonus you're concerned about right now? What would it be?

Speaker 2 (01:31:27):
A year bonus? A year in okay? And when is
that paid out?

Speaker 15 (01:31:33):
From around January thirty first of every year?

Speaker 2 (01:31:36):
This is this is how I would handle it.

Speaker 5 (01:31:39):
I would wait until the bonus is paid. Then I
would go into them once, you know, as Dimitri said,
the check is cleared. I would go into them after
it's been paid, and I'd say and back it up
and writing I'd love my time here, it was wonderful.
I am now retiring, and I'd like to give my

(01:32:03):
two weeks notice. Unless you need me to stay longer
for a smoother transition, I'd be happy to accommodate you.
Then you've gotten the bonus and you've given them the choice.
And even though it's a two week notice, they can
extend it if they really need to. And what the hey,
it's not going to be a big deal for you

(01:32:25):
if you have to extend it, right, No, that's what
I would do. That is what I would do. And
how old, how old are you.

Speaker 14 (01:32:35):
Now, Joe, I just turned sixty five.

Speaker 5 (01:32:40):
Okay, well you know retirement. Are you going to do
anything in retirement?

Speaker 15 (01:32:48):
I haven't figured that out yet.

Speaker 19 (01:32:50):
I honestly, I.

Speaker 3 (01:32:51):
Just don't know.

Speaker 5 (01:32:52):
I you know, people always ask me what I'm going
to do and when I want to retire, and I think,
you know, I just beat cancer and I if any
time I should have done it is then. But I
don't know what I would do otherwise. I love business.
I love helping sponsors, I love helping consumers. I love
doing the financial wealth advisement.

Speaker 2 (01:33:13):
I love all of it. And I don't think i'd be.

Speaker 5 (01:33:16):
A very good retired person because I don't have enough
to fill my days when I'm doing what I love.
And that's all I ask is find something you love.
And of course it doesn't have to be work, it
doesn't have to be money. But passions keep people alive
longer they really do.

Speaker 20 (01:33:36):
So I couldn't agree more. The only thing I have
to say is that I'm burnout when I'm doing I
can't stand it anymore.

Speaker 5 (01:33:44):
Okay, I'm going to give you meaning to life if
you be you know, Deputy d runs a viable He
runs a very good business. So he's not retired, but
he finds time in his day to come over and
donate time to us and help us. And Doc is
a retired doctor, deputy dollars, retired accountant, deputy chopper as

(01:34:07):
a retired police officer. We have so many varied people
that have skills.

Speaker 2 (01:34:12):
If you ever want to.

Speaker 5 (01:34:13):
Flirt with that, we would love to have you at
least to interview you. Make sure you're not an axe murderer,
but it would be fun. It would be fun.

Speaker 2 (01:34:21):
Seriously, I.

Speaker 20 (01:34:24):
Appreciate that, and I doubt that you have many listeners
that have been listening longer than me.

Speaker 5 (01:34:32):
Wow, you should you know what you should at least,
if if nothing else, come in for a day and
sit behind the scenes with us. It's infectious. I think
you would love it. And by the way, uh, it's
important stuff. So thank you Joe for calling. Three h
three seven one three eight two five five. Don't forget
Frank drand the real estate man market evaluations. If you're

(01:34:52):
home a free market analysis for the asking, with no
obligation to list find out what your house will really
sell for in this crazy market. We have a highs
and lows and ups and downs.

Speaker 2 (01:35:03):
And all arounds.

Speaker 5 (01:35:04):
Frank Duran The real Estateman dot com a completely free
and detailed analysis three oh three nine two zero sixteen
twenty two. 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.

(01:35:29):
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
Estateman dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Hey,

(01:35:50):
I'm Tom Martino. You're troubleshooter three oh three seven to
one three. Talk and you can get right through if
you want to call again. It's feasts or famine with calls,
say or they don't.

Speaker 2 (01:36:00):
But I know this. There's no feasts or.

Speaker 5 (01:36:03):
Famine when it comes to emails and texts, and I
love it. It's funny how society has shifted. You know.
That's because I think they're used to posting on Facebook
and Instagram and nextdoor and all of that, and they're
not used to talking. In fact, I know my kids
rather text their friends than have a phone conversation. The

(01:36:25):
art of conversing is pretty much dead. So anyway, let
me tell you about this auto theft ring that is
simply unbelievable. It was discovered about.

Speaker 2 (01:36:43):
A year ago.

Speaker 5 (01:36:45):
I heard about something similar to this many years ago.
But it's unbelievable. So let me get to the beginning.
And here's what's cool about it. And I asked artificial intelligence,
my boyfriend as I call it, if they've heard about it,

(01:37:05):
and they said, this is actually not unique.

Speaker 2 (01:37:09):
See if you've heard about it.

Speaker 5 (01:37:11):
Okay, Paul was Now I'm giving you a composite problem.
Composite meaning I'm just filling in some details that weren't there.

Speaker 2 (01:37:21):
But this is an actual case.

Speaker 5 (01:37:23):
He was devastated when his late model Luxury sedan was
stolen from his.

Speaker 2 (01:37:29):
Driveway in Aurora.

Speaker 5 (01:37:31):
A few weeks later, police recovered it, but it was
missing a lot of stuff. It was missing so much
stuff that the insurance company declared it a total loss
and they paid him out. Okay, he's happy he has insurance.
Months later, he had a contact in the auto business
that said, you know, I want to share.

Speaker 2 (01:37:55):
This with you, and Paul was shocked.

Speaker 5 (01:37:58):
The thieves that had stolen the car bought it at auction.

Speaker 2 (01:38:05):
And they had all of the parts to put back
on it. Have you heard this.

Speaker 5 (01:38:11):
Yeah.

Speaker 8 (01:38:11):
In fact, John Fuller tells this story from his experience
back in the criminal defense days, and it was the
ring here in Denver, and it was operated either by
Russians or Ukrainians or both.

Speaker 2 (01:38:22):
So they would steal the stuff inventory.

Speaker 9 (01:38:26):
They would disassemble.

Speaker 8 (01:38:27):
Now in his story, they would even go as far
as to completely disassemble the car catalog and inventorial parts,
and then they would take the chassis, push it out
onto some street where they knew it would be impounded
by the police, and would go to and then all
them a little different, more sophisticated. So then they would
go to the police and pound auction by that particular chassis.

(01:38:50):
Thereby gia kole a clean title, a clean title for
two hundred bucks or whatever you pay for a car chassis,
and they put the car back together again.

Speaker 9 (01:38:58):
And they did this.

Speaker 5 (01:38:59):
For pennies on the dollar.

Speaker 8 (01:39:00):
Pennies on the dollar. They did this hundreds and hundreds
of times. And a ton of people got busted.

Speaker 5 (01:39:06):
In this case, the ring went to the salvage auction,
you know, like there are a lot of places that
have salvage auctions, and they would they would bid on
that particular salvage knowing that there's nothing wrong with it
other than it's missing major components.

Speaker 9 (01:39:22):
Which they happened to have.

Speaker 5 (01:39:23):
They happen to have, so they purchased the total vehicles
for pennies on the dollar, reinstalled the exact parts they
had stripped off earlier, and the same stolen parts that
were never recovered. Now the crooks are driving around one
legal car with a clean title, with a clean title. Well, actually,

(01:39:45):
don't they have to Now this is a side note,
don't they have to declare it was.

Speaker 8 (01:39:49):
Totally just worked a case like this with AutoNation because
the car had been declared a total loss previously in
its life.

Speaker 5 (01:39:56):
It's a fraction of its fair market value. To make
matters worth. Law enforcement told Paul that unless he can
prove the parts were specifically from that car and that
this was going on, that it won't happen. And of course,
after a while enough was done that this ring was
actually you know, stopped.

Speaker 2 (01:40:18):
They found it. But apparently then this.

Speaker 5 (01:40:21):
Is a I don't know, is this Is this a
well known would you call it?

Speaker 2 (01:40:25):
I don't think it's well known, but it definitely is ingenious.

Speaker 9 (01:40:29):
It's brilliant.

Speaker 2 (01:40:30):
Yeah.

Speaker 5 (01:40:31):
Again, I wonder if now police take a look at
who buys salvage on stolen cars. I don't even think that.
I don't think they do.

Speaker 9 (01:40:39):
I don't think they do.

Speaker 5 (01:40:40):
I mean, once insurance pays out the victim, they figure
there is no more victim. And truly there's not the
big loser here is the insurance company.

Speaker 2 (01:40:49):
That's the only loser really, if you think about it.

Speaker 5 (01:40:51):
Yeah, and the crooks get a car that's one legal
except they might have a salvage title, and there's even
ways to watch salvage titles. But that's a that's an
incredible story. I came across, you.

Speaker 8 (01:41:04):
Know, Tom, I you know, I think now that I
think of it, I think the other victim is the
original owner of the car, because you seldom get paid
for the.

Speaker 9 (01:41:11):
True value of that car.

Speaker 8 (01:41:13):
Yeah, yeahright, And you don't get paid for all the
time that that's from work and everywhere else, I don't know,
taking the bus or uber and looking for another car,
and then you know your car's paid off, and now
you have to get a payment schedule with the new car.

Speaker 5 (01:41:27):
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(01:41:49):
present for the family. That's waterpros dot net. Go with
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Speaker 2 (01:42:02):
You don't pay a cent until you're content.

Speaker 5 (01:42:07):
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. Okay, I'm Tom Martino,

(01:42:32):
You're a troubleshooter. Three o three seven to one three
talks seven one, three, eight two five five. So I
got another text saying, Tom, this exact thing happened to me.
I happen to see my car show up at a
Walmart parking lot and I realized it was put together,
it was perfect.

Speaker 2 (01:42:47):
And uh, you know, I didn't.

Speaker 5 (01:42:50):
Do anything about it, but it absolutely happens all the time.

Speaker 2 (01:42:54):
All right, what can happen?

Speaker 5 (01:42:57):
And again, this is a case we got by text
from add when your daughter you're renting a house to,
has a boyfriend say the night. Okay, sounds innocent enough,
but we've heard enough real estate nightmares to know it's not.
And in this case, it was a bad, bad case
of the uninvited guests.

Speaker 2 (01:43:19):
That won't leave.

Speaker 5 (01:43:20):
In fact, some of these stories are so incredible, I
should add go with a sure thing Denver's Best roofer
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(01:43:42):
at dozens of insurance companies find out now three O three,
seven to seven to one.

Speaker 2 (01:43:46):
Help.

Speaker 5 (01:43:46):
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 (01:44:01):
Ripped up new needs.

Speaker 1 (01:44:06):
Well, you don't have.

Speaker 3 (01:44:09):
Come runing just as fast as we can.

Speaker 1 (01:44:12):
Shoot's gonna help coming.

Speaker 4 (01:44:15):
Man Dix is the Troubleshooter Show.

Speaker 5 (01:44:19):
No Tom Martino, Hey, hey, hey, welcome to the show.
Three oh three seven one three. Talk is our local number.
You can call anytime and get right through. Or you
can call three oh three Martino three oh three six
two seven eight four sixty six. And uh, we have
a lot of text and Tom, can you remind people.

(01:44:39):
Let's say we have all kinds of texting an email
available to you. Of course, you can text us at
the iHeart short code five seven seven three nine. You
can text me there, put Tom in the message. It'll
come to me. Also, Uh, seven four seven eighty, that's
access to my cell phone directly four seven and that's

(01:45:01):
seven four seven nine nine nine fifty two eighty. Now,
by the way, this text says I'm reading these cold
Did you hear the latest scientific breakthrough? They have engineered fat
cells into cells that can grow hair, So now they
can transplant all of the fat to your head and

(01:45:23):
grow a full head.

Speaker 2 (01:45:24):
Now I don't know of that. Oh, actually it is true.

Speaker 5 (01:45:26):
He sent me a Newsweek link baldness cured, breakthrough serum
grows hair in just twenty days it starts. So that
is one of our texts. We also have one and said,
can you remind people to vote no on Mayor Mike's

(01:45:46):
nine hundred and fifty million dollars Vibrant Denver package? Do
you know much about dimitri as far as vibrant Denver.
It's broken up into many different resolutions.

Speaker 9 (01:45:58):
It's broken up into many different uses.

Speaker 5 (01:46:00):
That there, That's what I meant, primarily waste.

Speaker 9 (01:46:02):
This money on. But that's the extent of it.

Speaker 8 (01:46:04):
I just know that there is that misrepresentation on the
ballot because this measure begins with without raising your taxes.

Speaker 2 (01:46:12):
Well, isn't that ridiculous.

Speaker 8 (01:46:13):
It's well, it's more than ridiculous. It's I mean, so
it's criminal.

Speaker 2 (01:46:17):
It's so yeah.

Speaker 5 (01:46:18):
I mean to say, what they mean is that issue
is not raising your taxes, but it will eventually add
to an increase in taxes.

Speaker 2 (01:46:26):
There's no doubt about it.

Speaker 5 (01:46:29):
Okay, Tom, You're exactly correct on thermostats, Remember it's basically
a switch on or off, and it must sense the
proper areas in order to have the proper temperature. And
what we're talking about is houses that are not properly
heated or cooled. Sometimes it's as simple as the placement

(01:46:49):
of the thermostat. In fact, if I could give the
three top reasons for underperforming HVAC one and on, these
are not like first, second, and third in ranking. There
are just three reasons. One would be placement of a thermostat.
In fact, there are some smart homes now that instead
of having one thermist at, they have these little dots

(01:47:12):
around the house on the wall that sense temperature and
they average it out. It's a really good system. They
have one master thermostat for setting or a smartphone app
you can do for setting the temperature, but the air
sampling is done in several locations and they're wireless and portable.

Speaker 2 (01:47:33):
You just stick them on a wall.

Speaker 5 (01:47:35):
It's incredible and it communicates through your Wi Fi to
your master thermostat and it gives an average temperature rating.
Very cool and.

Speaker 8 (01:47:47):
Cheap, probably right, so expensive, so affordable.

Speaker 5 (01:47:54):
Anyway, So placement of thermostat would be one.

Speaker 2 (01:47:56):
Another one is not enough return air.

Speaker 5 (01:47:58):
Return air is so overlook that's the low register in
a room where the air falls and gets sucked back
into the system to be reheated or recooled. And so
many times we cover them up with furniture or we
don't or the house was engineered without enough return air. Okay.

(01:48:21):
And another one would be a simple cleaning and tuning
and air filters. People make the mistake this is gonna
sound weird, but you don't want a good filter. You
want the cheapest, wispiest filter you can find, because the
thicker the filter, the more it chokes down your system.

Speaker 2 (01:48:44):
You want free flowing air.

Speaker 5 (01:48:46):
You want to be able to put your hand behind
that filter, and you want to be able to see
how many fingers you're holding up. That means you have
to change them more frequently, but they are better for
your system. I know it sounds counterintuitive that you want
a cheesy, cheap see through filter, because really all is filtering.

(01:49:07):
It's not filtering microns. Well it is to a degree,
but what it's really doing is allowing the system to breathe,
and it's really capturing a lot of the dust into debris.
And you change them more often that is really important.
So doing that at least monthly in your heating and
cooling season. In the shoulder season where you're not using

(01:49:27):
your system that much, you can get away with keeping
it in to stem seasons for two months or so.
So it's these are such simple scenarios to deal with.
But I love the retrofitting they're having now for smart homes,
so you don't have to have it. Used to be
you had to build everything in with a Cat five

(01:49:49):
or you had to have you had to pre plan
everything for your smartphone. Now, with devices that communicate even
either on their own network work or through Wi Fi,
you have a really cool way of making your house smart.

Speaker 7 (01:50:08):
I have.

Speaker 5 (01:50:10):
I have systems that talk to each other in their
own network. Even they don't even use your Wi Fi.
They talk to each other and it's so cool. I
forget the.

Speaker 2 (01:50:19):
Name of my music system.

Speaker 5 (01:50:20):
It's uh, what the you know? It's the It's it's okay,
I'll find out. Thank you man. It escaped me. It
was a it was a brain fart and no wise cracks.
But no Sonos is so cool because it has its
own network, talks to each other, so I can control
music on my smartphone of course our iPad, and that's

(01:50:43):
a retrofit. I mean, I didn't wire my house for that,
but you can just simply plug in one of those
speakers and you're you're good to go. The same with
with UH security systems. You know, security systems have become
way easier to install. But let's go to this scenario
that I alluded to toward the end of the last hour,

(01:51:07):
which really cool matter. Okay, so I looked up some stuff.
When a guess becomes a tenant under Colorado law, anyone
who lives in a property with the owner's permission and
keeps belongings there, even without a lease or paying rent,
may be considered a tenant at will.

Speaker 2 (01:51:25):
Once that happens, they gain legal rights to.

Speaker 5 (01:51:29):
Occupy the property until evicted.

Speaker 2 (01:51:33):
Now Here are some key factors.

Speaker 5 (01:51:35):
That can happen that you have to watch out for.
If they receive mail there, you are screwed, don't so
if the guy said, hey, we had a case earlier
in my career where a guy said, oh, I need
somewhere to forward this check, can you can they send
it to me here?

Speaker 2 (01:51:55):
And then it was nailed that guy.

Speaker 5 (01:51:57):
This was even before all of these new protection laws
and that guy. It was a hell of a job
getting rid of him. I had to shame him. I
did a TV story on him. Anyway, it was much
It was very similar to this. But don't let them
receive mail, don't let them keep stuff there. If he
brings a change of clothes and says I only need
to crash a couple of days, beware now, the length

(01:52:21):
of stay does not come into this. It can be
anything more than a day.

Speaker 9 (01:52:29):
What just one day?

Speaker 5 (01:52:31):
Yes, if he has the other like his belongings there
and things like that. So and then what you cannot do?
I look this up. You can't change the lock, you
can't shut off utilities. And by the way, Brad O'Brien
has given us this over the year suit or remove
his belongings. That's called self help eviction, which is against

(01:52:55):
the law. You can't threaten him to get him out,
like a lot of you.

Speaker 2 (01:53:00):
Guys are listening now.

Speaker 5 (01:53:02):
The legal way to get him out will come up
and talk about in a minute here. But people, this
is fricking crazy. Do you remember when common sense prevailed
and it was just common sense. You didn't do anything
like that, or you'd go over and say get the
hell out of my house and the guy would just
get the hell out of his house. But it doesn't
work that way anymore. People are going nuts by the

(01:53:24):
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paying too much your coverage at dozens of insurance companies
find out now three oh three seven seven to one help.

Speaker 2 (01:54:25):
You'll think you're his only customer.

Speaker 5 (01:54:26):
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 Tom Martino,
your troubleshooter three oll three seven one three talks seven
one three eight two five five You know you If
you call us after hours at three oh three Martino,

(01:54:49):
please leave a number so Kaschina, can you get back
to you. Many people call and when they can't get
through to us on the show, they don't leave a message,
so we can't. I mean, they don't their phone number,
so they don't get back to us.

Speaker 2 (01:55:02):
And again I'm.

Speaker 5 (01:55:04):
Going into some of my recent cases here that are unbelievable.

Speaker 2 (01:55:09):
The auto theft ring.

Speaker 5 (01:55:10):
Turns out that a few people have heard this happening before,
and it's not as rare as I thought. This is
another case of an uninvited guest. We had one years ago.
This one is a recent one. Now again, there's a
lot of Paul Garcias, so don't just point a finger
at every Paul Garcia know. But this guy knows. He's
going to know we're talking about him because he went

(01:55:32):
home with the girl. And I'm going to give her
name because I'm giving first names. Nobody's going to figure
it out except the people involved.

Speaker 2 (01:55:40):
But he went home with Sharon and he.

Speaker 5 (01:55:43):
Was there more than a day and he did not
get mailed there, but he had some of his personal
belongings there, and he declared himself a tenant.

Speaker 2 (01:55:51):
He said I live here now. He didn't want to leave.

Speaker 5 (01:55:54):
It almost sounds like this guy knows some of the law,
and I went over some of the scenario that can happen.

Speaker 2 (01:56:02):
The father is the one that wrote to me.

Speaker 5 (01:56:03):
It's a single family home that he owns and is
his daughter Sharon rents from him.

Speaker 2 (01:56:09):
But let the guy stay there.

Speaker 5 (01:56:13):
There are minimal things to become a tenant in Colorado.
One is receiving mail. If you receive mail, just once.
So if someone ever says hey, you know, they're not
even there, right, they're not even living with you, but
they just say, hey, do you mind if I have
some mail sent there?

Speaker 2 (01:56:32):
Please don't do it. Okay, don't do it.

Speaker 5 (01:56:34):
Although there has to be physical residency, they can't just
send the mail. It may follow up with them staying
one night or them just lying about staying there. So
be sure you never let people. Really, I know this
sounds crazy, might sound a little cruel. If you have
someone who doesn't have a permanent address that you won't

(01:56:56):
let him use your address. You know what, I would
rent them a post office botuck. I would rent it
for him and say, if you're in hard times and
you need to get mail, here's where you get your mail.
But I would not let them get mail at my house. Also,
don't let them keep possessions there. This is another thing.
I would go so far as to rent them a

(01:57:16):
storage unit. In fact, I had to do this one
time because there was so much stuff there for so
long because I lived in the country and I had
a barn, and the barn was not like a barn barn.

Speaker 2 (01:57:28):
It was a really nice workshop barn.

Speaker 5 (01:57:31):
I kept my motor home in there, but in any case,
and there was a riding arena alongside it, an indoor
riding arena.

Speaker 2 (01:57:38):
So I never let people keep stuff there.

Speaker 5 (01:57:40):
But it's funny when you have space, people always want
to use it. Do you ever notice that, like they
know you have space, Hey, can we use that space?
So don't let them keep possessions. And again I'm going
to go to some of the legal things you can do.
The length of stay is often more than a few days,
but not technically required, although an overnight is usually at

(01:58:03):
least one requirement. But any statements they use about living there,
or they tell a third party they live there, it's
up to you to say, no, they do not actually there.
I'm letting them stay there for a day or two,
but don't even try not to do that. What you
can do is, of course, you can't change lots, you
can't remove belongings, you can't do anything considered self help.

(01:58:26):
There is a legal way. Now here's the pain in
the ass. And I don't mean this to be a
complete guide. So you can listen to this, but it's
better to look it up online ai AT or google it.
You have to serve notice. That's the very first thing,
to quit and demand possession, okay. And the notice has
to be done usually ten days in advance, stating that

(01:58:48):
permission to occupy, if given, if ever perceived, is revoked. Okay.
You don't have to admit you gave it. You can
say if perceived, if given, or if whatever, it's revoked okay.
No matter what, your permission, whether perceived or actual, is revoked.

(01:59:09):
If he doesn't leave, you have to file an action
in court.

Speaker 2 (01:59:16):
It's forcible entry and detainer.

Speaker 5 (01:59:18):
It's called a fed action in court, so after a
short hearing, the judge can issue what's called a writ
of restitution. But filing this action in court, you have
to serve him. Usually it's easy because he's living there,
so you serve him and then you get this writ
of a restitution, which is when you actually move the

(01:59:40):
person out.

Speaker 2 (01:59:41):
Now the law has been exped I'm not.

Speaker 5 (01:59:44):
Going over every little detail of the law, but the
law has been expedited for uninvited people. So document everything,
including a wording that you made when he stayed there
longer than you thought. It's good to email them saying
you're uninvited, you shouldn't be here, never ever give in.

Speaker 2 (02:00:06):
It says.

Speaker 5 (02:00:08):
Also you have to say you are no longer welcome here.
So you're uninvited and no longer welcome. When you regain possession,
that's when you really have to protect yourself with locks
and all of that.

Speaker 2 (02:00:23):
Change your locks and all that stuff.

Speaker 5 (02:00:26):
In future rentals, even to a family member. If you
own a property you're going to rent to your kids,
use a written lease that clearly states no unauthorized guest
or occupants, and you reserve the right to remove trespassers immediately.

Speaker 2 (02:00:45):
That makes it easier to enforce.

Speaker 5 (02:00:48):
It doesn't mean you can do it, but if you do,
the chances of them prevailing against you are slim. So
you can't just toss them out, but you can end
the occupancy now with as little as ten days notice
where it used to be thirty days and an eviction filing.
So you do the ten day notice, then the eviction filing,

(02:01:09):
which can take another ten days to get into court.
So the very quick is you're going to do it
is a month. She's You know, we had a case
just like this last spring. You may recall a lady
Callack because she's sharing an apartment with a friend, and
this friend developed this loser boyfriend who's always hanging out
around the apartment. He's sleeping there, he's watching TV, he's

(02:01:31):
eating mac and cheese. And we got bred O'Brien to
weigh in on this topic, and I was surprised to
hear Brad say, if I remember correctly, she can't a victim.
It's up to the property management company the apartment to
start an eviction proceeding here against this loser. So if again,
you have property, even your own residence, you want to

(02:01:54):
be nice to remember the other day, this person has
her college room, her previous college roommate come to spend
a few days. Just be very careful of people who
just want to spend a few days. You can have
a lot of problems trying to get rid of them,
especially these guys that know the laws. But here's what

(02:02:15):
I've often thought, and I like your comments, especially my
YouTube morons.

Speaker 2 (02:02:19):
Hey, listen to this.

Speaker 5 (02:02:21):
I say, I think I would step out on a
limb and I would get rid of them my own way.
I think I would change the locks. I think I would.
Now I'm not recommending this to you. I think I
would and take my chances because I don't think they
would have the wherewithal to take me to court. Or
do you think that's too risky?

Speaker 8 (02:02:41):
Well, I think that's too risky. There are other things
that could happen that really don't tie you to them.
For example, the trespasser might suddenly start falling and hitting
his face on the floor in oh, oh my god,
you know a self tripping problem, you know that kind
of stuff.

Speaker 2 (02:02:57):
Or there's another thing somebody just me.

Speaker 5 (02:03:01):
You're not obligated to pay utilities for that person, so
you could literally have the utilities turned off.

Speaker 8 (02:03:11):
Yeah, well, you know, you're also not obligated to make
sure that his toothbrush suddenly doesn't develop some booger on it.

Speaker 5 (02:03:18):
Oh god, you know, yeah, we're thinking about You're right,
this is where if you're living with the person, you
can't turn off the utilities.

Speaker 2 (02:03:26):
But if you're not living there and.

Speaker 5 (02:03:28):
This person is occupying your place, you can, by the way,
do a lot of things to make it uncomfortable. I
would lean toward that way. Again, I'm not going to
kick somebody's answer or anything, but I would lean toward
the way of doing my own eviction.

Speaker 2 (02:03:45):
And and I really believe that.

Speaker 5 (02:03:47):
I really don't think they would take the time or
energy to take me to court. And then how do
they get an attorney to represent them in this case?

Speaker 9 (02:03:56):
Yeah, I mean, these people are broke.

Speaker 8 (02:03:58):
This is why they're you know, they're clinging onto you know,
whatever place they can find in your apartment. But you know,
they could be provided with a ton of incentives to move.
You know, you can offer them five hundred bucks suddenly,
maybe like a cap turd finds its way into their
leftover pizza in the fridge. There are incentives and disincentives
to this kind of activity.

Speaker 5 (02:04:16):
Okay, we have more coming up on the Troubleshooter Show.
Three oh three seven one, three eight two five five.
Don't forget the extreme clean tune and check. They take
your furnace apart, they dismantle it, they clean every nook
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Speaker 2 (02:04:50):
You don't pay a cent until your content.

Speaker 5 (02:04:55):
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 all 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 all three
nine two zero sixteen twenty two. Hello, I'm Tom Artino.

(02:05:21):
Welcome to the show. Going back to our texts and emails.
Some of these are pretty obvious, but I want to help.

Speaker 2 (02:05:31):
And I am.

Speaker 5 (02:05:32):
If you did text it, I can only send it back,
obviously to the number that you texted it on. One
of those numbers came back is on a not a
real number. I don't know how they even did that.
They must have spoofed a number. No reason to do that.
You can also, I'll also reply to your email as well,
but it's best and Kaschina colorI will tell you it's

(02:05:53):
best to be leave a phone number. We'd love to
have a discussion with you on the phone or on
the radio. Okay, my landlord and keep showing up unannounced,
sometimes even walking in when I'm not home to check
filters in quotations. I told him to stop, but he
says he has a right as an owner to enter.

(02:06:13):
What can I do? What do you, okay, indeed, what
is your answer to that? Do you agree that he
has a right to check the place?

Speaker 3 (02:06:20):
You know?

Speaker 8 (02:06:20):
I can onlys speak from my own personal experience and
evicting someone who was storing a bunch of stuff in
the basement of my business. And I did end up
consulting an attorney who ended up handling the case for me. Yeah,
he told me that nothing like I can't even walk
into that part of the basement that this guy's renting
to store his junk. He said that that's actually trespassing.

(02:06:43):
He has client after client that's actually been charged with
trespassing for doing stuff like That's right.

Speaker 5 (02:06:49):
It can be now one thing to protect yourself. If
you have a lease that has access rights, you can
put it into the lease. Many lee to say, first
of all, for emergencies, the landlord can open up and
inspect for emergencies or for suspected criminal activity. The other

(02:07:11):
one is that they can enter with permission. Others say
they can enter with forty eight hours notice. So any
one of those provisions do work, you can, but it
has to be written into the lease, as Dimitri said.
If it's in his case, maybe it wasn't if it's
not in a lease. If it does, you can say

(02:07:32):
something as little as with forty eight hours notice, I
reserve the right to enter your unit for the purposes
of maintenance, repairs, inspections, et cetera. Okay, again, don't use
those exact words. I'm not giving I llegal advice, but
it has to be in the lease. If it's not
in the lease, you are trespassing. Now you cannot get
the door and say, hey, do you mind if I

(02:07:54):
check this or check that. But you can't go in
when they're not there unannounced. If it was never mentioned
in the lease, you could end up in very big trouble.
And of course, always check with a real estate attorney
to make absolutely sure.

Speaker 2 (02:08:09):
I moved out of an apartment two months ago.

Speaker 5 (02:08:12):
By the way, I should tell you, I cluster these
and folders for topics, and this one was real estate,
so two of them are coming up at the same time.
I moved out in a apartment two months ago. I
left as spotless and gave proper notice. But my landlord
won't return my twelve hundred dollars deposit. Now this is easy.

(02:08:36):
She keeps saying she's waiting for utility bills. How long
can you hold it? Okay?

Speaker 2 (02:08:41):
By law Colorado, they.

Speaker 5 (02:08:43):
Have to return your security deposit or whatever portion they're
keeping along with the balance. They have to send you
the balance or whatever, let's just say, the disposition of
the security deposit, whether they're keeping it, keeping part of it,
or returning it. It has to be done within thirty
days absent of a written lease, which can extend it

(02:09:06):
to sixty days. But under no circumstances can you do
it beyond sixty days, even if they have a legit reason,
they are not allowed to keep it more than sixty
days by lease, thirty days by law. So keep that
in mind. Okay. Also, this is something that I want

(02:09:28):
to bring up that is not part of this inquiry.
It's funny how some people call it a damaged deposit,
and some people call it a cleaning deposit, and some
people call it a security deposit. That, by the way,
has come up in the past in small claims court
and other courts of law on what it's called. If

(02:09:50):
it's called a cleaning deposit, you will very seldom get
it back, so because they simply have to show that
they use the money to clean. If it's a security deposit,
that's the best chance of getting it back. A security
deposit means you didn't pay for something or whatever. A
damage deposit kind of like a security deposit. So if

(02:10:13):
I had to, if I had to choose, I would
want it mentioned. And it really does matter, so you
change it or tell them to change it. I am
making a security to deposit. Don't call it a cleaning deposit,
and I wouldn't call it damage deposit either, because again
they can just say you made damages and you really didn't.

(02:10:34):
Then you have a fight on your hands. I'm Tom Martine.
Whatever's on your mind. By the way, for those wondering
how you get in touch with me, you can actually
text the number that I gave you for these kinds
of questions seven four seven nine nine fifty two eighty.
That is a text directly to my cell phone seven

(02:10:57):
four seven nine nine eighty. Or you can write to
us and Kachina checks this mailbox. What every day Kachina
Help at troubleshooter dot com. Help at troubleshooter dot com.
Here's one texture, Tom. If a guy comes over, spends
a night or two and then says he lives there,

(02:11:19):
and who used to say you can't lock? Who's to
say you can't lock all of your doors? Because why
would you give somebody like that a key to anything? Okay,
So you can just normal lock your doors and say
it's normal security and you don't have to let him in.
That might be one strategy that works. I'm Tom Martine.
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(02:11:42):
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(02:12:03):
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hi Tom Martino,
you're a troubleshooter. Somebody had a really good idea and
I looked it up. What if I had someone sign

(02:12:23):
a guest document claiming they are not they are absolutely
not a resident that they declare they are a guest
at will and not a resident.

Speaker 8 (02:12:37):
Yeah, I think you have to consider whether or not
you really want a person there as a guest, if
that's the kind of person that you wish to have
signed your guests acknowledgement document.

Speaker 5 (02:12:45):
But when I looked it up and said, having a
non resident or occupancy acknowledgment form is powerful. It can
help you in court. Here's the problem in court In
other words, if the person still refuses to leave, you
still end up in the same scenario. It because this
person thought, would the police officers then remove them. The

(02:13:05):
answer is no, because if the person, if the police
officer says okay, they sign, okay, you show them they
sign this guest form, the police officer will not enforce
a civil document, and that's a civil document. So so
the point is this, Yes, having them sign a guest

(02:13:26):
affidavit truly saying they're a guest who do not intend
to establish residency and they're a guest at will and
will leave upon request.

Speaker 2 (02:13:35):
They can sign that. That's a very very good thing
to have.

Speaker 5 (02:13:38):
But you're in the same exact boat enforcing it as
if you didn't have it, because again, it'll make it
easier once you get in front of a judge. It's
a slam dunk, okay, and you don't have to worry
about any other craptist person brings up about having their plays,
having their mail, you know, establishing residency. That part is good,

(02:14:00):
So I would say it's a good idea for sure.

Speaker 2 (02:14:04):
I However, it.

Speaker 5 (02:14:05):
Won't speed things up, that's the best way of putting it.
It won't speed things up. It'll simply help you prove
your case in the future, which, of course is okay.
You want to be able to prove your case in
the future. Okay, now, let me see. Okay, I had
another one. Where is it? Where is it here?

Speaker 2 (02:14:27):
Okay?

Speaker 5 (02:14:28):
I was offered a remote position that required buying my
own laptop and phone. I'm not going to get to it.

Speaker 2 (02:14:34):
I'll try to do it tomorrow.

Speaker 5 (02:14:36):
Anyway. Welcome and thank you for being here. We appreciate it.
Don't forget. You can go to referral lists dot com
and troubleshooter dot com for help, information and referrals, and
also call three three Martino twenty four seven. That's three
oh three six two seven eight four sixty six. Save

(02:14:58):
all your problems for me.