The Troubleshooter 11-05-25

Episode Transcript

Speaker 1 (00:00):
Yeahs you need advice?

Speaker 2 (00:09):
Who you don't have? Come running just as fast as
we can.

Speaker 1 (00:15):
Show Shooter's gonna help coming man.

Speaker 3 (00:19):
This is the Troubleshooter Show. No Tom Martinez, Welcome, Welcome
to the only show of its kind. I hope everybody
is having a great day out there. You know what
our goal is if you listen to this show day
in and day out, our goal is to help you.
Maybe a contractor took money from you, maybe you just

(00:41):
got a question. In fact, today I'm gonna call real
estate day. I'll tell you why. Brad O'Brien's with us.
And it doesn't matter if it's commercial or residential. If
you have any questions on real estate. Maybe a neighbor
put up a fence. We had a great one yesterday, Brad,
We really did. It's the same old question. The neighbor

(01:02):
has a fence that encroaches on their property. There's supposed
to be a setback as well. But beyond the setback,
if you look at where the exact lot line is,
it's eighteen inches on the guy's side, and what do
you do about it? We talked about it yesterday and
I'll ask you about that. But it's kind of crazy
to think he can't really tear it down. You could

(01:24):
be in trouble if you tear it down. But you
get the idea. I mean, what do you do? And
I want to get your advice on that. But any
problem you have, maybe you hired a contractor or a
roofer or someone to come out and they didn't finish
a job, or it's a horrible job. I had to
call this morning on the way in. On the way in,
I talked to someone that was he was upset with

(01:45):
one of our referralst members, Paragon Services. I'm not quite
sure why he was upset, and I'll talk about that too.
It's an interesting It was an interesting call. I spent
about thirty minutes talking to the guy, really good guy,
but I couldn't get past one point. And I'll get
into that. But three oh three seven one three eight
two five five. That is the phone number, three zero

(02:08):
three Martino. That number, of course works on and off
the air. We got three lines open, three zero three Martino.
You can always email. Let's tell your neighbors, tell everybody
at help HLP at troubleshooter dot com. By the way, welcome, Brad.
How are you doing, man doing fine, Mark, so real
quick on that fence, and I'm gonna go to Janine.

(02:28):
What can someone do? What happens if we are neighbors
and there's no doubt your fence is eighteen inches or
even further onto my property? So if I go down
there and just tear it down, just tear it down,
I'm pissed. I told you to move it. You don't

(02:49):
move it, and I just say, you know what, I'm done.
You go somewhere for the weekend, you come back and
the fence is gone. What can happen?

Speaker 4 (02:58):
Well, if you tear down the other days.

Speaker 3 (03:01):
Even though it's on your problem, you could be held.

Speaker 4 (03:03):
Liable for property damage. But before we even get to
that question, we have to find out some basic questions.
Where's the property line? So have you had a surveyor
marked their corner?

Speaker 5 (03:13):
Yeah?

Speaker 3 (03:13):
In this case, the guy said there was a survey
and it was definitely on that side. But the neighbors
liked so yeah.

Speaker 4 (03:20):
Well, so the starting point is to know where the
property line is. Next step is whose fence is it?
We don't know the neighbor built it. Sometimes okay, okay,
many times he's go back decades.

Speaker 3 (03:31):
Nope, this went back probably five six years okay, And
they did have a different neighbor at that time. So,
in other words, the reason the survey was done when
this guy bought the house four or five years ago,
that's when he discovered that because he the bank made
him get a survey. So they had the survey and
that's how they knew it was eighteen inches on his side.

(03:53):
And he kept telling the guy, I want you to
move it. I want you to move it. I want
you to move it, and the guy just refused. That's
kind of where it's at.

Speaker 1 (04:01):
Okay.

Speaker 4 (04:01):
Well, if it's truly an encroachment, then you.

Speaker 3 (04:04):
Got to take them to court, though, don't you or
do you think you could tear it down?

Speaker 4 (04:12):
There's a practical answer and a legal answer. Practically, to
keep good neighbor relations, you let them know that what
the issue is, Hey, there's an encroachment you built. Looks
like you built your offense on my property, and give
them an opportunity to move it.

Speaker 3 (04:26):
Five years okay, this guy gave five years. So at
what point, and Tom and I were talking about this yesterday,
at what point can you just tear it down or
do you literally have to take them to court.

Speaker 4 (04:39):
Well, if you we have to also consider adverse possession,
whether that's five years, but you have to consider whether
it's been there for eighteen years or more. Yep, in
which case they might be in the right location.

Speaker 3 (04:50):
Then you have a court battle, right, Okay, it's weird.
I just wonder, like, seriously, the guy goes away for
weekend and he comes back and the guy finally had it.
And let's say I don't know if the guy's given
them written notice, but let's say he does have some
form of documents stating you know that he's asked him

(05:13):
the move at a hundred million times jeezy.

Speaker 4 (05:15):
Answer is that you can go to court and you
have the court declare that this is an encroachment and
an order an inter injunctive relief ordering the other neighbors
to remove the fence. Your question is harder. Can you
just go and yeah, and a few fence?

Speaker 3 (05:28):
And it is harder because really, then you're kind of
outside the realm of what you do real estate, because
I'm taking if he accidentally Okay, let's take it a
little absurd. Let's say he was parking a car on
my property and he just kept doing it. I mean,
do I have the right to go destroy his car?

(05:50):
I would think.

Speaker 6 (05:51):
No, not no.

Speaker 4 (05:52):
And that's the more of a temporary nature car. That
can be more. And when the car is not there,
you can put up a little barrier. Look, maybe a
foot high concrete something. It's so stop that.

Speaker 3 (06:01):
Well, okay, let's even go a little further. What happens
if this guy bought it, he had to have the
survey done, and you know, ten years before that. I
want to stay under that. Eighteen ten years before that,
the guy built a nice mother in law house or
a very nice garage or something else. It comes two
or three feet over that might that's not a fence.

(06:24):
That might have cost one hundred thousand dollars.

Speaker 4 (06:26):
Yeah, if they put a house over the property line
or some kind of in law situation, that's where you
do need to go to court because you're not going
to you're not going to take half of that house
and it's gone. That's a lot of money at risk.
But a fence is relatively small amount of money that's
at issue. I mean you I think you could remove
the fence and just put it on their on their lawn,

(06:50):
and that's what I might find. But you might be
at inviting a lawsuit.

Speaker 3 (06:54):
That's what I do. But oh, I looked at it
this way. This is what I said yesterday. I said,
let's put the ball in their hands. So instead of
me having to go out and sue them to remove it,
I'd rather just remove it, put it on their yard.
Then they can sue me, and I'll defend because I
think my defense is great. If I've literally told him

(07:16):
five times now, he's going to have to come out
of money first, is what I'm saying, and then my
countersuit would be how much it costs to get rid
that damn thing down?

Speaker 6 (07:24):
Yeah.

Speaker 4 (07:25):
Well, I got to say that many problems that people
bring to me have a practical answer that's better than
the legal answer. Yeah, and I do try to keep
people out of court and did not have them waste
money going to court.

Speaker 3 (07:36):
That's a good way to look at it. We'll get
back into that. Hey, Janine, what's going on with this
photo ticket? What is it? Photo radar? What is it?

Speaker 2 (07:45):
Yeah?

Speaker 7 (07:45):
Photo radar? Is this seating ticket?

Speaker 3 (07:47):
Where did it happen?

Speaker 7 (07:49):
It was in curzy on, Well, don't ever going Nord and.

Speaker 3 (07:58):
How fast were you going?

Speaker 2 (08:01):
So?

Speaker 7 (08:01):
Actually my daughter was driving my car, so it was.
It was posted fifty five everywhere except for I guess
one thought was forty five and it was seventy three.
I'm fine to pay this beating a ticket. This is
the problem. So when we got the photo ticket in

(08:22):
the mail, it's for three hundred and forty dollars. And
when you look at this citation or it says in
violation of this ornamance. The ordamance is zero two five
zero zero zero four And when we look it up
online it says it's an ordinance for alcohol Licensing and taste.

Speaker 3 (08:46):
See can you send me? Can you take a picture
and send that that ticket to me? I want to
see if it's even a true ticket. Can you send
that to me? If I like, buy a text right now?

Speaker 5 (09:00):
Yeah?

Speaker 3 (09:00):
All right, hold on, Kelly's gonna pick up. I'm gonna
take a break. She's gonna get that info from you.
I want to see exactly what we're talking about. So
everybody holds tight. Three oh three seven one three eight
two five five two lines open.

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Speaker 3 (09:52):
All right, three oh three seven one three eight two
five five two lines open. This one's pretty curious. I'm
looking at this ticket. Hey, Kelly, send this over to
Brad and send it to uh Dmitri. I think you
already sent it to Suzanne. But it's town of Curzy Curzy, Colorado,
notice of violation. Let me bring her back up. So

(10:14):
you're saying this ordinance, what is it? Twenty twenty five
dads zero zero zero four? Is that what you're referring to?

Speaker 9 (10:22):
Yeah?

Speaker 7 (10:23):
Uh huh? So did you look up the ordnance?

Speaker 2 (10:26):
No?

Speaker 3 (10:26):
I didn't, because I believe you. If you look up
that ordinance, what does it say? It says something to
do with driving while intoxicated or what.

Speaker 7 (10:34):
No, it has nothing to do with driving vehicles. Anything
like that is licensing for alcoholic testing or tasting.

Speaker 3 (10:43):
I guess that is that is crazy. So a couple
things here, photo radar. This looks like it's an actual ticket,
although it's not.

Speaker 2 (10:56):
It's not.

Speaker 3 (10:57):
It's kind of like in between. To me, this valid,
and what I mean by valid is if you don't
pay it, you're probably gonna end up in some form
of trouble. It actually says witnessed or reviewed by operator officer,
and it has a badge number, it's got the posted speed.
You know, this one's a little strange. I don't notice

(11:21):
a violation ordinance.

Speaker 5 (11:24):
Yeah.

Speaker 7 (11:24):
I scanned the QR code on the ticket and it
goes right to thecurzygo dot com.

Speaker 3 (11:31):
I believe it's one hundred percent valid, but I don't
know the legalities of this. In other words, if I
run a stoplight in Greenwood Village, they'll send me a
little please pay this for running the stoplight, and I
watt it up and I throw it in the trash,
and I've done it one hundred times, and that's it,
simple as that mark.

Speaker 6 (11:52):
That's changed now. It used to be that they would
have to serve you in person, but now if you
don't respond to a photo radar ticket. I think this
went in fact that the beginning of this year. Now
it becomes a fine, it becomes fine. Yeah, it totally
becomes a fine.

Speaker 3 (12:06):
Let's let's go down her point, her point is something else. Yeah,
go ahead.

Speaker 7 (12:12):
So we don't drive that road very often, but my
daughter's had sporting events up north, so we've gone three
times in the last month and a month and a
half or so.

Speaker 5 (12:24):
Yeah, and so.

Speaker 7 (12:27):
Without getting this ticket before, we got another fine going
on the same road.

Speaker 3 (12:32):
Yeah, And what does that have to do with anything, though?
I mean, now you've got multiple tickets.

Speaker 7 (12:38):
This is why. It's because the next one was only
for forty dollars.

Speaker 3 (12:43):
Yeah, that part is a different speed. This was according
to this you were doing seventy three and a forty five.

Speaker 7 (12:51):
It was less, it was.

Speaker 3 (12:53):
Well, that's why it's that's why it's cheaper. I mean,
this one you're doing, you're almost doing thirty miles an
hour over.

Speaker 7 (13:00):
But if you look at the citation, that citation is
twenty twenty five dads zero zero zero two, I.

Speaker 3 (13:08):
Believe, And what is that equal?

Speaker 7 (13:10):
What does it say, Well, an actual seating ticket.

Speaker 3 (13:12):
Yeah, so I see what they're doing. I don't know
did you call them up and say, how come you're
charging me three hundred and forty bucks for this? And
what you're charging me for has to do with tasting
alcohol or whatever you said.

Speaker 7 (13:28):
Yeah, so when you call the town of Coursey, you know,
you push number eight, it'll bring you through the photo
ticket and then there's a recording, and the recording would
say it's the first time I called, said if you
would like to get a court date, then leave a message.
I left a message, waited a week, they never called me.

Speaker 3 (13:49):
I do it again, I would get a court date.
Put it again, Okay, hold on, hold on, go Yeah.

Speaker 7 (13:54):
And now the message says if you want a court date,
you would have had to have replied and requested in writing.

Speaker 3 (14:05):
And you're saying you did pobox.

Speaker 7 (14:08):
I did not request in writing. Okay, I don't believe
that that was on the message the first time I called,
but now it is. Now I'm over the twenty one
days that I could have asked in writing for a.

Speaker 3 (14:21):
Court as you're probably stuck having to pay it. But
I'm going to tell you and everybody listening an interesting story.
We had someone an attorney. If they were an attorney,
it would have been ridiculous because it would have cost
so much. They got a ticket for seventy five dollars
for crossing the double lines, and it was the same

(14:41):
thing if you looked up the ordinance. The ordinance said
toll evasion. The problem is he was actually charged on
his track er for the toll, so he didn't evade
a toll. But he thought it all the way up
to Douglas County a judge in Douglas County, because I
guess that's where it got. And he actually won because

(15:03):
the ordinance had nothing to do with what he did.
It wasn't tolevation. When you pay the damn toll, it's
not tolevation. They were saying crossing a double line is tolevation,
and I could see how it could be. Sometimes if
you go in with the intent not to pay and
you're not charged, that would be tolevation. But if you're

(15:26):
actually charged the damn toll, then it's not tolevation. And
he won, but he had to fight it that much.
And like I said, he was an attorney. I would say,
in the circumstance you're in, you better get this paid.
Because same with crossing the double lines, there's a period
of time you have to follow. You have to basically,

(15:47):
I think with the double lines, and this is the
same way. You've got thirty days to request a hearing.
That hearing is online, and then if you lose that hearing,
you have an additional amount of time to request actually
going to court. But I think you're going to end
up paying it. I hope people out there are listening
to this. I don't. I think it's crazy. Tom just

(16:09):
joined us. Tom, let me ask you something. Photo radar tickets.
I mean, till this day, I don't understand how they
get away with it. I don't know how without a
cop witnessing it, without being able to go to court
and actually ask the camera, well, okay, when's the last

(16:29):
time you were calibrated? Or hey, were you drinking that
day mister camera? I mean to me, it seems pretty wild,
you know.

Speaker 8 (16:36):
I think Mark, when we had an attorney on a
long time ago, they said, first and foremost they have
to match. They sometimes don't match the crime with the ordinance,
like you mentioned.

Speaker 3 (16:48):
Yeah, that's a big one.

Speaker 8 (16:49):
Another one is in.

Speaker 3 (16:50):
Her case, that's exactly what this is. She got a
ticket basically going almost thirty miles an hour, over and
the ticket doesn't even have to do with the traffic
in front.

Speaker 8 (17:00):
An accusation at best, and it's not criminal.

Speaker 3 (17:04):
I don't think this is I have a copy of it.

Speaker 8 (17:07):
This looks like But then they can't and Bratt'll tell
you this, in any due process, they can't be judge,
jury and convictor. It's an accumation, it's a summons.

Speaker 3 (17:19):
Yes, then tell me this. Tell me if you don't
pay the seventy five hold on a second, if you
don't pay the seventy five dollars ticket for crossing those
double lines, if you don't pay it, eventually you're not
going to be able to renew your damn registration.

Speaker 8 (17:34):
I think there's no difference. I think you have a
right to go to court and fight it, but you'll lose.

Speaker 3 (17:38):
But you only have thirty days. In other words, if
you don't go through exactly what that ticket says. My
only point is that, like Dmitri said, it's not like
it was a year ago to where they just send
you something you can throw in the trash. It's like,
if you don't pay it, now you're in trouble. What
is that called? Because they have changed some of the
laws it's a major change that law.

Speaker 8 (18:00):
And they made the summons. They made that mail summons
as if you were getting it in person.

Speaker 6 (18:05):
Right exactly. They did away with a personal service requirement.

Speaker 3 (18:08):
So that's what it.

Speaker 6 (18:09):
All they have to do is claim that they mailed
it to you. Whether you got it or not, it
still becomes an actual fine.

Speaker 3 (18:15):
And then if you're outside of the timeframe to fight it,
you're screwed.

Speaker 6 (18:18):
Yeah, you can't. You can't take it to court to
refute it, and that it's going to put a block
on your registration.

Speaker 3 (18:23):
So I mean, Janine, no matter what, you're screwed because
you waited over that period of time. I agree with
everything you said. I think if you did fight it,
and you did get in front of a judge and
say this has nothing to do with anything. How can
you charge me with something I've never done, I think
you probably would have won that battle.

Speaker 8 (18:44):
But it's too late now, Brad. Can they just change?
Can they change laws and ordinances to basically be a
judge and a jury and the sentence there I mean
they did. I mean basically, with any traffic ticket, even
if a police officer hands you a traffic ticket, you have.

Speaker 3 (19:03):
A right to fight it. Well, this you do too,
but you only have thirty days and you have to
do it a certain way.

Speaker 4 (19:09):
But these photo tickets are like some sort of administrative
practice that it's outside of the it's not criminal, Yes,
it's right, Yeah.

Speaker 3 (19:19):
It's not criminal. It's probably how they get around it. Janine,
real quick, though, do you have any other questions? Because
you're gonna end up paying it? You brought up go
ahead date.

Speaker 6 (19:26):
Wait, I have one more idea for Jeanine. So the
fine isn't doue until tomorrow. So, Janine, what about if
you show up at the courthouse today? Obviously leaving voicemails
hasn't worked, But what if you show up at the
courthouse today and demand to set a hearing for this matter?
They might do it and you can show them your
handwritten notes here says Look, these are the days I
left messages, no one ever got to me, and now

(19:46):
we're up against the deadline tomorrow. What do you gotta lose?
Go to the courthouse right now.

Speaker 3 (19:51):
It's not a bad idea, d I mean, maybe someone
there has, you know, some kind of morals you'd think,
So it's.

Speaker 7 (19:58):
Not about that. The only one I've looked online looking
for the double.

Speaker 3 (20:03):
The biggest one out there, Janine, and I appreciate you're
not going to get anyone in favor of him.

Speaker 8 (20:07):
Of course, when you look online, you're gonna see people
pissed off.

Speaker 3 (20:10):
Oh I'm so happy I got that seventy five dollars ticket. No,
it's crazy. The biggest one is the double line effect.
The man sitting next to y. Yeah, they brag it
because you know the last time he got one, Susan
get all our corporate mail at one address, like a
week ago.

Speaker 8 (20:24):
But you know what I Stephanie was driving.

Speaker 10 (20:28):
Yeah, there you go, and I thought we made absolute
sure we weren't entering or exiting in the wrong area.

Speaker 3 (20:38):
Mark. It's really difficult to it really nuts.

Speaker 8 (20:41):
Like when you're getting off an exit, you wait and
it goes to a single solid line. You can't even
cross that. You have to wait till it goes to
a broken line. I'll bet you're oh my god, but
once a guard, it's hard to do.

Speaker 3 (20:54):
Once again, though, what the ticket is for is not
crossing the double line. The ordinance is for ole evasion.
And I did know you paid the toll, and that's
what kills one. I could have fought it. I could
get it. I get it. If you were evading the toll, exactly,
get charged to the doll that's right. But that's not
the case when you're exiting because you paid the damn toll.

(21:15):
Going in now, listen, Lisa is seeking some legal advice.
We do have Brad O'Brien with us. We're going to
get to her. We have two lines open three oh
three Martino three oh three, seven one three eight two
five five, and I want to I want to tell
you something, Tom, you are going to be blown away
and everybody listening with a law change that Brad's gonna

(21:37):
tell us about that has to do with every professional
in Colorado, doctor's attorneys. Of course, it's going to affect him.
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Help.

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You'll think you're his only customer when you choose Frank
Durand the real estate Man dot com to list your
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All right, three oh three seven one three A two
five five three three Martine, we got two lines open.
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Speaker 3 (23:34):
TU five five five four. Yeah, You're gonna love Paul. Lisa?
What is going on with you? What can we help
you with? Lisa? Hi?

Speaker 12 (23:41):
How are you today?

Speaker 9 (23:42):
Good?

Speaker 7 (23:42):
Here?

Speaker 3 (23:42):
Are you good?

Speaker 7 (23:44):
Good?

Speaker 12 (23:44):
I'm hoping you guys can help me. You were recommended
by a friend of mine to call in and just
I've been divorced since twenty seventeen and I'm just having
some legal questions and I don't know if you know
of anybody who'd be able to help me or maybe you.

Speaker 8 (24:01):
Guys can We know plenty of people. Why don't you
start with the basics?

Speaker 3 (24:06):
Yeah?

Speaker 12 (24:06):
Sure, my ex is not making the court ordered maintenance payments,
and I've alway that I need to file a contempt
of court motion and I'm not quite sure how to
go about doing that to get these payments that are
owed to me.

Speaker 3 (24:23):
And doesn't it just a call to the registry.

Speaker 8 (24:27):
It depends that if it goes through the registry, is
it is it a direct payment from him to you
or doesn't go through the support registry.

Speaker 12 (24:35):
It doesn't go through the support registry. I'm finished paying
him support now, even though he makes way more money
than I do.

Speaker 8 (24:41):
So what checks? Tell me about these checks? They were
ordered by the divorce decree?

Speaker 3 (24:45):
How long ago?

Speaker 12 (24:47):
Uh, twenty seventeen. So yeah, the divorce decree. I was
ordered to pay him support until the kids turns.

Speaker 3 (24:53):
Ninety and then what then? What does he owe you?

Speaker 12 (24:57):
He's supposed to be paying me maintenance in the I'm
a four to fourteen a month for one hundred and
one month s which would be about May of next year,
and he hasn't done that.

Speaker 8 (25:09):
So that's weird that you had to pay him and
now he has to pay you.

Speaker 3 (25:13):
No, because he had custody of the kids.

Speaker 12 (25:16):
Right right, he had custody.

Speaker 8 (25:18):
Oh so now it switched over to where and how
much does he owe you every month?

Speaker 3 (25:22):
Because now that the kids are over nineteen, that's just maintenance?
How much does he.

Speaker 12 (25:26):
Owe you four fourteen a month?

Speaker 8 (25:28):
And how much did he ever make any of those payments?

Speaker 12 (25:33):
It was more of they were subtracted from the support
that I.

Speaker 3 (25:36):
Was supposed to Okay, I got you now okay.

Speaker 12 (25:41):
So so now he's supposed to be paying me until
May and he hasn't done that.

Speaker 8 (25:46):
I'm going to tell you something, okay, Lisa, doing self
help like this is very very difficult to file a
motion like this, and judges bend over backwards not to
do contempt because it's so complicated.

Speaker 3 (25:59):
But that's what it is.

Speaker 8 (26:00):
But it's also a violation of a civil agreement. Your
your divorce decree is a contract between you and your husband,
and you can sue him directly for and and get
it turned into a judgment for everything past and we've
had Now I'm not giving legal advice. This is what
we've had counseled in the past, Bonnie Shields and also

(26:24):
A Rich Harris and other divorce attorneys. What they say
is you can have maintenance payments turned into a judgment
and start garnishing wages and all of that, or you
can go for the contempt of court thing.

Speaker 3 (26:36):
You can do.

Speaker 8 (26:37):
Both, actually, but as far as doing it alone, Lisa,
it's gonna be hard.

Speaker 3 (26:43):
Right now.

Speaker 8 (26:44):
It's at an amount you can even do small claims
court on it for the amount he owes. Once you
get a judgment, then you have real power, so add
up what you're owed. You can sue him in county
court or in small claims court, you can both. You
can do that by yourself if you want. But as
far as contempt, I would never attempt to do it alone.

(27:06):
And it's going to cost you. That's the problem. You
don't get attorney's fees for contempt for contempt emotions.

Speaker 3 (27:12):
In a divorce.

Speaker 8 (27:14):
So, Lisa, are you on talking terms with him where
you can call and say why haven't you paid me?

Speaker 12 (27:21):
No, we haven't spoken since before the divorce.

Speaker 8 (27:24):
Do you think he plans on not paying you anymore?

Speaker 9 (27:27):
Oh?

Speaker 12 (27:28):
Absolutely. This was something in other court hearings that we
had had in the past where he was asking me
if I would just eliminate the maintenance fees. He does
not want to pay them.

Speaker 3 (27:38):
Why does any want to pay them? Is he saying they're.

Speaker 8 (27:40):
Wrong or what?

Speaker 3 (27:42):
Oh?

Speaker 12 (27:42):
No, he's just being spiteful.

Speaker 3 (27:45):
Hey, Brad O'Brien.

Speaker 8 (27:46):
I know you don't do divorce or anything, but you
know court procedures contempt contempt when somebody doesn't follow a
court order, which is the divorce decree.

Speaker 3 (27:56):
I mean judges will take action on that. Right.

Speaker 4 (27:58):
Sure, this is a violation of a court order. So
it sounds like Lisa needs to go into family law court.

Speaker 8 (28:02):
Do you think you know there is some There are
some self help documents at family law court on filing that,
or you can literally go to AI to file. It
is not the difficult thing. It's the arguing of it,
because judges give a lot of leeway as to why

(28:23):
he's late, and they can they almost take let's put
it this way, they they almost take any excuse.

Speaker 3 (28:32):
Isn't it just a matter of fact? Though, I mean,
if he's supposed to pay that amount, it is. But
that's right.

Speaker 8 (28:38):
So the breach is a matter of fact. But the
contempt means I'm not paying this no matter what. But
but if he says, oh I was short.

Speaker 3 (28:47):
On money or this or that.

Speaker 8 (28:49):
See, judges give leeway in contempt breach of contract, there's
no leeway.

Speaker 3 (28:54):
You didn't pay it. They don't take excuses.

Speaker 8 (28:56):
But haven't you found sometimes radly that that in a
content I'm hearing, the judge will consider outside circumstances. Sure,
ye see, so it's not a foregone conclusion that you're
gonna win.

Speaker 3 (29:09):
I don't think, by the way small claims court, I
don't even.

Speaker 8 (29:11):
Think she could do that. Hey, what do you think
family court Deputy d Do you think there's an amount oed?
It's there's an agreement.

Speaker 3 (29:21):
It was breached.

Speaker 8 (29:23):
Why couldn't she take that past amount that he hasn't paid.

Speaker 3 (29:26):
I don't think the court clerk would even allow you
to file it. What do you think?

Speaker 8 (29:29):
I'm just your gut. Do you think they would allow
you to file it?

Speaker 4 (29:32):
I think she has to go to a family law court?

Speaker 3 (29:34):
Okay, Okay, So it's a separate court.

Speaker 4 (29:36):
That's where the order came from.

Speaker 8 (29:38):
Family law. Okay. So Lisa, have you been down to
family law and talk to any of the clerks?

Speaker 3 (29:45):
Not yet.

Speaker 8 (29:45):
No, here's what I would do first, and you can
call us back. In fact, do we have an attorney
we can get on right now?

Speaker 6 (29:51):
Yeah, we can call.

Speaker 3 (29:54):
We've got as wonderful though Toohnnie. Okay, so let's try
who should we try first?

Speaker 8 (29:58):
Mark?

Speaker 3 (29:59):
Well, she's got Donnie's info. I don't care who we try.

Speaker 8 (30:01):
Okay, Kashina, let's try Bonnie Shields first.

Speaker 3 (30:04):
Let's take a quick break. Hold on. We're going to
try to get an attorney on for you. So hold
tight three oh three seven one three eight two five five.
We're gonna be right back.

Speaker 8 (30:19):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 11 (30:23):
You don't pay a cent until you're.

Speaker 8 (30:24):
Contenth time for an insurance check up free, no obligation.
In comparison, call Compass Insurance paying too much your coverage
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his only customer when you choose Frank durand the real
estate Man dot com to list your home with Remax

(30:45):
Alliance three oh three nine two zero sixteen twenty two.
Hi Tom Martino, your troubleshooter three O three seven on
three talks seven one three eight two five five Mark,
what do you think about the one million dollars? You're
not a resident of Denver. I happen to be actually
with both houses. I'm a you know, my my my

(31:06):
business house. I call it for my studio and all that,
and the other one.

Speaker 3 (31:10):
I am out. I had no doubt it would go through,
but you know, Brad O'Brien just said something interesting. It
does create a lot of jobs here. I mean, I
just hope they allocate the money and I looked at
the breakdown. I hope they allocated to where they say
they're going to allocate it. That's the biggest issue with Denver.
I mean, think of the roads there. They suck. They suck.
Think of all the roads in Colorado. You guys ever

(31:32):
leave here and go to Wyoming. It's like, all of
a sudden, you're on glass and it's beautiful. It's like
driving Dmitri's car. It's I've always said, it's.

Speaker 8 (31:41):
Not a lack of money, it's a lack of physcal
responsibility and earmarking dollars, using the dollars.

Speaker 3 (31:47):
And managing wisely.

Speaker 8 (31:50):
You know, businessmen don't seem to do well in office,
but businessmen or women, you know, business people.

Speaker 3 (31:57):
They we need people who.

Speaker 8 (31:59):
Are administ straighters, who know how to do this stuff.
By the way, coming up, explain what Brad is going
to tell us about this law.

Speaker 3 (32:08):
Go ahead, Bradd, you want to say what it is?

Speaker 8 (32:10):
Right?

Speaker 11 (32:10):
No?

Speaker 3 (32:10):
No, you just got to spit it out. When did
it pass? Did it just pass?

Speaker 9 (32:14):
Yeah?

Speaker 4 (32:14):
Governor Polos recently signed into law House Built twenty five
ten ninety, which takes effect January first, twenty twentie. It
is an amendment of the Colorado Consumer Protection Act. The
purpose of it is to protect consumers against unconstonable pricing practices.
Here's what it does. Professionals and other service providers have
to disclose, have to conspiculously disclose upfront the total price

(32:38):
that a consumer will have to pay for the service.

Speaker 8 (32:42):
And no, no what what services? Any service?

Speaker 3 (32:46):
Professional?

Speaker 4 (32:47):
Lawyers, accountants, engineers, plumbers, slummers. There's a couple carve outs.
Real estate brokers got a carve out, Cable companies got
a carve out. Anyone regulated by.

Speaker 3 (32:55):
Federal they have to disclose upfront the total cost. Think, okay,
I want to break thick. That isn't an attorney and
you're going to be in court on a criminal defense case.
Did you say there was a carve out for attorneys
or not.

Speaker 4 (33:12):
Only real estate brokers? And no attorney.

Speaker 8 (33:14):
I want to talk about this because we're gerry, We're
going to It might be good for the consumer, but
how will business handle this business?

Speaker 3 (33:24):
How would any attorney.

Speaker 8 (33:25):
Or business in general services especially go with a sure
thing Denver's Best roofer excel roofing dot com.

Speaker 11 (33:34):
You don't pay a cent until you're contenth.

Speaker 8 (33:39):
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 (34:05):
Ripped off. So you don't have.

Speaker 2 (34:13):
Come running as fast as we can.

Speaker 1 (34:16):
Shooter's gonna help.

Speaker 3 (34:18):
Come, man, This is the Troubleshooter Show. Now Tom Martinez, Hey, Hey, hey,
what's going on?

Speaker 8 (34:26):
This is the longest running radio show with the same
host still on the air. Now Dot Major Mark Major,
and we are kicking ass for you. Well, well, we'll
do whatever it takes to help you if we can.

Speaker 3 (34:37):
Now, sometimes we can help you.

Speaker 8 (34:38):
By the way, This hour brought to you by Frank
durand the real Estate Man dot Com. He'll do an
analysis of your home in this crazy market and let
you know what it will sell for.

Speaker 3 (34:47):
With his thirty years of experience, he.

Speaker 8 (34:49):
Puts the numbers to it, the comps, the neighborhood, the
supply and demand, the interest rates, and he'll let you
know what your house will sell for and what you
will net even what you can buy. Frank Duran, that's
all all complimentary. Frank durand the real estate man dot
com three h three nine two zero sixteen twenty two.
And speaking of real estate, mark, who do we got
on board.

Speaker 3 (35:08):
Here, Brad O'Brien. In fact, we left off with Cindy.
She's in an apartment in Colorado Springs and it's just
been a nightmare for and in fact, there was mold.
Then she went to her doctor, Brad, and the doctor basically,
I guess confirmed, right, Cindy.

Speaker 8 (35:22):
Yeah, yeah, you have sensitivity sensitivity mold. And most people do,
by the way, have a sensitivity to mold. But it
depends on how much mold and all of that. The
mold is a separate story. Here's the real issue. She
said they let her out of the of the sixth lease.
She signed the sixth lease. Shortly later she got the diagnosis.

(35:42):
She figures, I don't want to live like this anymore.
And Cindy, did they write to you and say you
are released from the lease or in what way did
they indicate you were released from the lease.

Speaker 13 (35:54):
I worked for al Paso County here in Colorado Springs
or County, and I went to the county health doctor
and when the lady when they sent me the pen
rad imaging to get the images, they called me an
hour later later and told me, wherever I'm exposed to mold,
please find it and get it, get away from it.
So when I took that letter of what the findings

(36:15):
were to my apartment manager, I told her, I said,
I can't stay here anymore. I said, I have been
six the whole time I've been here.

Speaker 8 (36:22):
Right, And what did what did they say at that point?

Speaker 13 (36:26):
They said, that's fine, I have a medical reason. And
so they would go ahead and work on breaking the lease.
Just turn the keys in and give them an address
for my security.

Speaker 8 (36:35):
Will they will they deny that? By the way, Will
they say they never let you out of the lease,
or will they go?

Speaker 3 (36:40):
Will they go along with your story?

Speaker 13 (36:43):
I'm not real sure. But I have all the pictures
and proof of the mold I had.

Speaker 3 (36:48):
You see, the mold.

Speaker 8 (36:49):
Isn't the issue because you didn't go about the habitability
a law properly to get out of the lease or
to get it fixed, which you had the power to
do with rent money. But but I don't want to
get into that because the issue is this, will they
acknowledge the lease was that they let you out of
the lease, and if so, then you should get your

(37:09):
deposit back.

Speaker 3 (37:10):
She should get it back unless they're saying you damage something.
Is that a possibility?

Speaker 8 (37:14):
So in other words, they'll acknowledge they let you out.
But maybe they're keeping it for another reason.

Speaker 13 (37:20):
No, because they were really happy. They always said that
I kept it so clean, it was.

Speaker 8 (37:24):
Okayank the apartment. So what reason would they give you
right now? Because they are keeping it? What reason do
they give you?

Speaker 13 (37:31):
When I called her two weeks ago, yeah, hay out
of state and she would get it to the home office.
But they were going to keep one hundred and fifty
of the five hundred And I asked her why and
she said admin fees And I said, but you, I
mean I moved out for her.

Speaker 3 (37:46):
Hold on, hold on, chime in on that, Brad, admin fees?
Is that something they could keep a security deposit for?
Forget about the whole breaking the lease because apparently she
did it.

Speaker 4 (37:57):
I think if the least did say that they can
deduct admin fees from the security deposit, then they can
do it.

Speaker 8 (38:02):
If it's in it. But if they didn't mention it,
then that that shouldn't be part of it.

Speaker 3 (38:06):
Is that what you're saying, right?

Speaker 8 (38:09):
So what does your least say about what they can
take from the deposit? Does it say anything specifically?

Speaker 13 (38:17):
Yeah, it says that when I moved in, it's a
five hundred dollars deposit and one hundred and fifty nine
ers on the ball.

Speaker 3 (38:22):
Oh they did, Okay, so they did say that. Well
that's a heck of a thing to leave out.

Speaker 8 (38:28):
So they can take it, then most likely they can
take it.

Speaker 3 (38:31):
She's so let's mold.

Speaker 8 (38:34):
Let's get one of our deputies on it to call
and get that back for you, because really she needs
to get that back to you.

Speaker 10 (38:42):
So I just have a.

Speaker 13 (38:43):
Lot of medical expenses from living there, and i've been
you know, it's it's unfortunate.

Speaker 3 (38:48):
Now, I'm sorry. I feel bad for Cindy and I'm
going to put her on hold, but I've got to
bring this up. I don't necessarily agree with you on
this one.

Speaker 8 (38:57):
Well, I don't think she's trying to get that money collected,
not the medical money.

Speaker 3 (39:01):
She's just stating that. No, no, no, I'm saying it
says in her lease. It's a five hundred dollars deposit
in one hundred and fifty of it you're never going
to get back, right, no matter what. Right, So why
should she get it back they let her out of
the lease?

Speaker 8 (39:14):
No, No, I'm asking. I don't think she's getting any
of it back. That's the problem. I want to call
and make sure she goes.

Speaker 3 (39:22):
Hold on, maybe I got that wrong, Cindy. Are they
giving you the three hundred and fifty?

Speaker 8 (39:26):
They say they are, right, Cindy, but they're not doing
it right.

Speaker 13 (39:30):
They say they are, and she told me two to
four weeks. That was September fifth.

Speaker 9 (39:34):
Yeah.

Speaker 3 (39:34):
See, so that's the point we're calling on.

Speaker 2 (39:35):
Got it?

Speaker 3 (39:36):
Do you want to make a quick called, Deputy d
I'll be happy to Deputy deal.

Speaker 8 (39:39):
Make a quick call and say, hey, listen, you know
you guys came to an agreement. Where's you know, she
understands the one fifty, but where's the money?

Speaker 3 (39:47):
And he's in the recycling business, so he gets results
the disappear. Where's the money? That's that's a fair question
to ask.

Speaker 8 (39:56):
Brad O'Brien on the topic of the habitability standards and
enforcing that in the least, would you say, on a
scale of one to ten, how difficult it is for
a consumer to do that if they follow the rules?

Speaker 3 (40:11):
Is it? Is it difficult? And what are the rules?

Speaker 4 (40:14):
It takes a lot of homework to get up to
speed on the warranty of habitability and how to use it.
It gives you the steps where you have to get Essentially,
you have to give the landlord written notice of some
defect or you know like.

Speaker 8 (40:26):
Now, Mark I did, I did a whole pdf on
this that I put up on social media.

Speaker 3 (40:30):
Go ahead, up Sorry.

Speaker 4 (40:31):
Then has a certain amount of time one to three days,
depending on the severity. If it's an emergency type thing
or life healther safety issue that has it's quicker.

Speaker 3 (40:40):
Like let's take real world. Let's say no hot water
hot water heater broke.

Speaker 4 (40:44):
Yeah, that's a quick one. So they need the tenant
needs to get written notice to the landlord that could
be email or an online submission to their website, and that.

Speaker 3 (40:51):
They have three days to repair it.

Speaker 8 (40:53):
No, they have a reasonable amount of time, right, No.

Speaker 4 (40:56):
It actually says certain things ninety six hours, twenty four
hours to fix it or to address to respond, yeah,
to respond, No, then they have Yes, they do have
a reasonable time to fix it. Yes, And if they
don't do that, then the tenant can go to court
and do a couple of different things. Either get the

(41:17):
least terminated early, get a court order ordering that landard
to do the work, and or get damages award.

Speaker 8 (41:25):
Now, one of the things they do wrong, Brad, is
in the part where they get to withhold rent. A
lot of them withhold rent and they just enjoy a discount.

Speaker 3 (41:35):
Because they probably didn't give wrint notice. Would be one.

Speaker 4 (41:38):
Yeah, Well, a lot of tenants think that I'm going
to withhold rent and I have the right to do
that because the landard is not fixing this problem quick enough.
The habitability statue does allow a tenant to do that,
but only after the landlord has been getting given written
notice and hasn't respond in a timely fashion. And then

(41:58):
the tenant then has to go get an estimate from
a contractor to do the work, and that that estimate
is that's the amount that you can withhold. If if
it's a five hundred dollars repair, you can only withhold
five hundred dollars after you've done all the notices. You
can't withhold you know the two thousand dollars rent for example.

Speaker 3 (42:16):
Or your medical bills. But no matter what, no matter
what the call we get all the time people think
you can force a landlord to fix something. You simply
can't force it. You're not going to get a court
order to have them fix something.

Speaker 4 (42:31):
You're just not going to get the habitability to ast you.
It only applies to habitability things no heat, no power.

Speaker 3 (42:37):
But can't force them to fix it, is what I'm saying.
You could know, you're a self, You're ultimate, that's right.

Speaker 8 (42:45):
Your ultimate solution would be to withhold rent to fix
it or to leave.

Speaker 4 (42:50):
Right now, you can only withhold an amount that's right
to fix it, to fix it, to fix it, okay.

Speaker 3 (42:55):
Yeah, amount or to leave.

Speaker 4 (42:57):
No, you ca get a court order ordering the landlord
to do they.

Speaker 3 (43:00):
So that's what Mark was saying.

Speaker 8 (43:01):
You can get an actual court order ordering them to
do it.

Speaker 3 (43:05):
They simply can't afford to do it.

Speaker 4 (43:07):
The landlord. Yeah, well that's their issue. They're gonna get
in trouble. Then maybe they shouldn't been a landlord business. Well,
i'd agree with you, but I mean, we get that
call a lot. Yeah, And I've heard like someone Lanyard says, well,
my insurance company is considering my mold claim and they
haven't paid out yet, so I can't do the work. No,
that is not an excuse. Landlord has to return it
to habitable.

Speaker 3 (43:27):
So you can literally force the landlord. I mean with
you know, I don't want to get into absurdity like
a bankruptcy and stuff like that, but in general, you
can go to court and get a judge to force
the landlord or to impel the landlord to repair something
under the Habitability Act.

Speaker 4 (43:43):
Yep. The ten also can get a hotel room paid
for by the landlord.

Speaker 3 (43:47):
See some of that is interesting when it comes to
the Section eight calls we've had, Tom.

Speaker 8 (43:51):
I mean, if you think about those, you're right, we
get a lot of them, and because they can't move
to go again, I'm going.

Speaker 3 (43:59):
To reap posts.

Speaker 8 (44:00):
But I have a pdf here that is pretty In fact,
it came as a result of talking Abrad. I took notes,
then I went online and research and I give a
step by step instructions on what the law says.

Speaker 3 (44:15):
Just basically establish the issue.

Speaker 8 (44:18):
First of all, it has to fall within the parameters
of the law, and that's what Brad just said, and
you should have evidence, and said that would be a
good idea to have photos, videos, expert reports, medical records
if applicable, you know, just to have on your side
to have everything. Provide written notice and clearly explain the problem,

(44:40):
and then give permission to the landlord to enter to
fix it and deliver the notice in a way your
lease allows. Some leases require a certain kind of notice,
like a registered mail or whatever, so then the landlord
must respond. It says here, I think I got this accurately.

(45:00):
Within twenty four hours. They have to respond.

Speaker 4 (45:03):
Yeah, that's for a life health or safety issue. It's
ninety six hours, I believe for a lesson.

Speaker 8 (45:07):
Okay, yep, they must. Oh, okay, I'm sorry, it says here.
Maybe I'll have this wrong. They must start repairs within
ninety six hours for urgent problems. That's not in the
law that you know, though I did refer to the
Yet they must start.

Speaker 3 (45:22):
Okay.

Speaker 8 (45:23):
If repairs are not started, you may move forward to
remedy the problem and deduct the.

Speaker 3 (45:27):
Cost of repairs from your rent.

Speaker 8 (45:29):
But you have to give notice, higher professional pay and
send invoices to the landlord and deduct the exact cost
of repairs. You can't. You can't take out extra money.

Speaker 3 (45:39):
All right, we're going to take a break. When we
come back, we're going to dive into this. Imagine every
business out there. If you want a business, I don't
care pretty much what it is, but you, as of
January first, are going to have to disclose the total price.
Think about that. If you own an automotive shop, shop

(46:02):
supplies better be disclosed. If you advertise at a restaurant
for a five dollars steak, it better be a five
dollars steak. It's the craziest law, but ago.

Speaker 8 (46:12):
Can imagine it goes way more than that as a
burden on businesses. Wait till you hear some of this,
and then we'll talk about how poorly it's written. It's
going to be not a legislative at administrative nightmare, it
really is. So we got more after this. Go with

(46:35):
a sure thing Denver's Best Roofer Excel roofing dot com.
You don't pay a cent until you're content. Time for
an insurance checkup free, no obligation. In comparison, call Compass
insurance paying too much your coverage at dozens of insurance
companies find out now three oh three seven seven to one.
Help you'll think you're his only customer when you choose

(46:57):
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, Hey, hey, hey, hey, welcome
to the show. Three all three seven one three talks
seven one three two five five. Okay, we've been alluding

(47:19):
to this and talking about it, and I want you
to wrap your hand your head around this because uh,
really and truly coming up on January first, twenty twenty six,
it takes effect.

Speaker 3 (47:34):
Yeah, and it's HB DASH twenty five dash ten ninety
House Bill twenty five meaning twenty twenty five ten ninety.

Speaker 8 (47:44):
Now, Brad, can you sum this bill up based on
what you've read or what the law does.

Speaker 4 (47:52):
It requires professionals and other service providers to disclose, to
conspicuously disclose, the total price that the consumers can be
expected to pay.

Speaker 8 (48:01):
In one number, in one number up front.

Speaker 4 (48:05):
Yeah.

Speaker 8 (48:05):
So who's excluded from this real.

Speaker 4 (48:08):
Estate brokers, cable companies, anybody regulated by federal law.

Speaker 3 (48:13):
I want to give the other side. How the people
that wrote it would state it. They would state it
it's protection against deceptive pricing practice.

Speaker 4 (48:22):
I said that early on today. Yeah, yeah, correct, Yeah,
that's the intent. And this is an amendment of other
Consumer Protection Act in Colorado.

Speaker 3 (48:29):
So and Poul has signed it on April twenty first,
to kick in on January first. But go ahead and
tell people about it, like coming from an attorney, how
do you read this right now when it comes to
your practice.

Speaker 4 (48:43):
Okay, So whenever you advertise like a price, like a
landlord advertises they have an apartment for rent, and what
their rent is going to be, that's going to be it.

Speaker 8 (48:54):
They can't add to it at all.

Speaker 4 (48:55):
So utilities, you know, a lot of landlords actually have
collect rent plus utilities for the tenant. You can't do
that because that's that's a number of that changes every month.
So landlords are going to have to build utilities into
the base rent amount so that it's a fixed number
that can't change.

Speaker 2 (49:11):
A right.

Speaker 8 (49:11):
Let's talk about home services. People go out for a
water heater, plumbers go out for a water heater. If
they simply say, you know, get the best prices, or
if they say pay nineteen ninety five, or you know,
do I guess here's what I'm asking. If they don't
advertise price, then they don't have to give it? Or

(49:32):
are they compelled to give a price?

Speaker 4 (49:34):
Oh, they have to give this disclosure on this HB
ten ninety disclosure in advertising in quotes proposals, they mean,
is it also put it on their invoice?

Speaker 3 (49:44):
And what will it say?

Speaker 4 (49:45):
There's no specific language's required. But I think what is
the smartest to refer to just to call it an
HB ten ninety advisement and say the total price that
you could be expected to pay is this amount?

Speaker 3 (49:56):
But do you have to give a price?

Speaker 8 (49:58):
Can't you just call for a specific.

Speaker 3 (50:04):
Service?

Speaker 5 (50:04):
Can?

Speaker 3 (50:04):
I think they're saying, if you do give a price.

Speaker 8 (50:06):
Yeah, but what if it can't you just avoid prices altogether?

Speaker 9 (50:09):
Well?

Speaker 4 (50:09):
Perhaps, now do you have to put in price advertising?
But everybody, every contractor uses a proposal or an estimate upfront, No,
they do. That's got to have the total amount?

Speaker 8 (50:19):
Okay, it got a number, got it? So but if
you here's what I'm concerned about. If people are advertising
and they just don't talk about price, they just say,
you know, use us, we're the best, we love you.

Speaker 3 (50:30):
You know.

Speaker 8 (50:31):
They don't have to say and this is what you're
gonna pay.

Speaker 4 (50:33):
Yes, I think that that is true.

Speaker 3 (50:35):
If you go to our house and you go through Franktown,
there is a billboard right there where a clear rebuilding
used to be right, and it says furnaces four nine
and ninety nine dollars. Okay, that's what it says, and
then the phone number, so it better be exactly four
ninety nine dollars.

Speaker 4 (50:56):
Add anything to that, right, So like a roof price, well,
if there's anything that they would normally charge extra for,
like I'm just thinking roofing. Oh you have a verticals?

Speaker 8 (51:06):
Are bad decking underneath the roof? When they tear the
roof off, they discover a bad deck.

Speaker 3 (51:11):
Yeah, exactly, find something.

Speaker 4 (51:13):
What happens then I don't think that's going to be allowed.

Speaker 3 (51:16):
Well, and what someone does break it, let's say someone
breaks this rule.

Speaker 2 (51:21):
Yeah.

Speaker 4 (51:21):
So why this is so important is the teeth of
this new law, which is if you don't give a
proper disclosure, then after the work is even if the
work is already done, the service provider has to refund
all the money upon request.

Speaker 3 (51:34):
Tell you that you buy a new furnace, and it's
not four thousand, nine ninety nine, it's five eight hundred.

Speaker 8 (51:39):
Let's say Mark, you're putting in a furnace. Yeah, and
let's just use these numbers to make it easy. Sure,
five grand, you advertise five thousand, Yeah on a billboard.
You're putting the furnace in, and you find out a
cot upgrade, you find out that's right, that the flu
or the exhaust fent, or you have to bring in
fresh combustion air or something else. Certainly there's got to

(52:01):
be a way to make an auxiliary invoice or to
get an approval for that.

Speaker 3 (52:06):
There's got to be.

Speaker 4 (52:07):
I just I'm not aware that this law provides the
mechanics for those kind of and for those nuances of
how to actually use it.

Speaker 8 (52:14):
So somebody in business, if they give a price and
they have to increase it because something else is discovered,
Like if the roofer says this roof per square seven.

Speaker 3 (52:24):
So the roof is going to cost thirty eight grand.

Speaker 8 (52:27):
Okay, Now they tearing it off and they find that
the flashing underneath is rotting and the decking needs to
be replaced. Certainly there's got to be a mechanism to
get an auxiliary.

Speaker 4 (52:40):
Great example, No, I don't think the law provides how
to address that.

Speaker 8 (52:45):
So if their original bit at thirty eight grand, you're
saying they're going to have to provide it or simply
just put the roof over bad decking. I mean, i'd
say to the consumer, by the teeth, I'd say to
the consumer, I'm not allowed to raise the price, So
we're just gonna have to put the roof over the
bad deck I mean, what else. See, I don't understand
they didn't think this bill through.

Speaker 3 (53:06):
That's his whole point Yep right, it's a piece of crap.

Speaker 8 (53:10):
So now, automobiles, I'm all for accurate pricing, but sometimes
it's not inaccurate.

Speaker 3 (53:17):
Well, it's that you haven't dug into the problem yet,
so Mark, you're gonna do it. We used to advertise
a water pump, well, even past that, we used to
advertise a nineteen ninety five oil change. What does that include? Well,
that includes five courts oil the oil change. It doesn't
include shop supplies. It doesn't include other fees that are

(53:37):
put in there.

Speaker 8 (53:38):
Okay, when I go to a dealer for service, they say, okay,
the fifteen thousand mile check is going to be thirteen
ninety five.

Speaker 3 (53:46):
Sure.

Speaker 8 (53:47):
Now I'm at work and I get a text or
an email or a phone call saying we found this that's.

Speaker 3 (53:55):
A different service, And I'd argue that's a completely You
said you might as well take your water pump. The
water pump's five hundred. They find out you have a
bad starter too. You just entered into a new agreement
on the starter, okay, but they can't call you up
after the five hundred down the water pump and say, ah, well,
you know we can't get that particular brand one. So

(54:16):
we are.

Speaker 8 (54:17):
Consumer advocates, but you know, I often say being a
consumer advocates also being a business advocate, because really and
truly you want good, strong businesses. You don't want price gouging.
I don't like that. I like the idea of one
fixed price up front that the consumer agrees to. But
there has to be leeway for the business with no
ill intent to be able to get more.

Speaker 3 (54:38):
Money for more work. But that's what that's the point
I'm making. So but it's written so horribly, So God,
how about a dentist, how about if you go into
avage cavity, Phil? Is it a long read? Right now?

Speaker 8 (54:52):
Is it a long read?

Speaker 2 (54:53):
Like?

Speaker 8 (54:53):
Because I find it hard to believe there's nothing in
there for auxiliary kind of claims, like once you give
a price and you run into new problems, not the original.
There I can say, no, I am doing that water
pump for six hundred dollars like I said, I am,
but this is something else.

Speaker 3 (55:13):
So can that consumer say no, you have.

Speaker 8 (55:15):
To cover it under the six hundred or can they
enter into a new contract for that new item.

Speaker 4 (55:21):
I don't know, see are you? This is so new.
I only found out about this like last week, so
I really haven't gone that deep into it. This has
been a even though it passed back in April. It's
really a surprise to most people, including attorneys here in Colorado.

Speaker 3 (55:36):
Yeah, I don't know the nuances. I go back to automotive.
If you advertise a tire two thirty five seventy five
fifteen Wrangler radio for ninety nine dollars, do I got
to add in? Okay? Everything else?

Speaker 8 (55:51):
Okay, but okay, let's give another scenario. So I'm doing
the water pump for three hundred ninety five dollars. I
find other problems and the the consumer says yeah, go ahead,
or doesn't even address it. It's just going to be
more money, and I'm going to the consumer and the
consumer says, no, give me my money back, okay, And

(56:11):
the mechanic says, no, I did all this work. I'm
going to at least really finish the water pump. And
they say, well, I don't want you to finish the
water pump because now it's going to cost me more money.
And then the mechanic is going to say, yeah, but
it's cost me more money because there's more work, and
the consumer says, nope, under the law, I need my
money back. So the garage has screw you, finishes the

(56:32):
water pump and does it. Now who's going to go
over there is a police officer going to go over
to that mechanic and say you need to give the
money back and release the car. I mean, who's going
to literally enforce it that way?

Speaker 4 (56:45):
He's enforcing the course through civil actions.

Speaker 8 (56:48):
So then no matter what, you have to bring a
civil action.

Speaker 2 (56:52):
Yeah.

Speaker 4 (56:52):
Now there's no notice requirement. The consumer can go straight
to court. And it's under the Consumer Protection Act, so
there's attorney fees if the consumer wins. That's one fee
shifting statue by the way, so if the if the
business wins, they don't get attorney fees and the fines
are twenty thousand dollars per violation, fifty thousand if the
consumer is a disabled person.

Speaker 3 (57:13):
I just thought it somewhere where this is going to
be massive. All the car dealers out there listening, they
never advertise for eight hundred and fifty dollars dock fees.
They never advertise any of that.

Speaker 8 (57:24):
They don't the transportation fees, the dock fees, the prep fees,
the demons on fees, the lubrication when you bend over,
none of that because none of that is disclosed.

Speaker 6 (57:35):
And I think in that respect, this is a useful
piece of law because when you advertise a car for.

Speaker 3 (57:42):
Arguing no, I take it way. I like Dmitri.

Speaker 8 (57:46):
I love holding businesses accountable to not screwing people. Now
moving companies, oh my god, Now moving companies. If they're
doing business and moving people out of Colorado and the
contract starts here, but they're now in Florida, can they
come back to Colorado to enforce it. See it originated
in Colorado or it ends up in Colorado.

Speaker 3 (58:08):
It's probably the language in the contract.

Speaker 4 (58:10):
I think this applies to where the consumer is in
Colorado or the businesses in Colorado. So if one of
those two is in a different state, but the others
in Colorado. It applies.

Speaker 8 (58:20):
So if a moving company right now advertises, because here's
what they do, you know that they advertise the first
price that's out the window, the second guy comes to
load and gets more money out of you. Then the
third guy holds you hostage at the destination.

Speaker 3 (58:34):
So with the one two.

Speaker 8 (58:35):
Three punch, we truly will have some teeth for that
moving company, though I mean not teeth, but will have
a way to sue them.

Speaker 4 (58:43):
I don't know if there's an exception for those who
are governed by federal law. And moving is interstate, isn't it.

Speaker 3 (58:49):
You're right, well, if it is interstate moving, there's local
movers that do the same thing.

Speaker 8 (58:53):
Not as bad, No, not as bad if they're local.
But so you're saying there's an exception. If you're federally regulated,
you don't fall under this law.

Speaker 4 (59:02):
I think so.

Speaker 3 (59:05):
And let's not forget it's this is only advertised pricing
we're talking about. Right, You've got to advertise the price.

Speaker 6 (59:13):
The way I read it. And to get back to
Tom's question, how long of read is it? I read
the actual bill?

Speaker 3 (59:19):
All right? All right?

Speaker 8 (59:21):
Coming back people. If you have any questions or comments,
give us a call. I also read, and I have
an executive summary in front of me that is not
probably the entire bill.

Speaker 3 (59:31):
But was it a long read? Yes or no? On
that one.

Speaker 6 (59:33):
The original bill is only eleven pages. Now what the
final result is, I don't know. It's probably shorter or
longer because of many many amendments that probably happened. But
the original bill was only eleven pages, and it was
pretty easy for me to understand.

Speaker 8 (59:46):
I'm Tom Martinez with Mark Major and our expert today,
Brad O'Brien go with a sure thing Denver's best roofer
Excel Roofing. You don't pay a cent until you're content.
Time for an insurance checkup free, no obligation. In comparison,

(01:00:09):
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
three nine two zero sixteen twenty two.

Speaker 3 (01:00:27):
Hey Tom Martino here.

Speaker 8 (01:00:29):
With Mark Major, and we got the gang in the studio,
and we're talking about this new bill.

Speaker 3 (01:00:35):
Well, this new law that.

Speaker 8 (01:00:36):
Takes effect January first, and it stems from an amendment
to the Colorado Consumer Protection Act, which by the way,
came from House and it came from the House built
twenty five ten ninety, which turned into this law. And really,
I shouldn't say the law. It's an amendment to an
existing law, but it it's incredibly poorly it's poorly written.

(01:01:01):
Is that your biggest criticism, Brad O'Brien as an attorney,
And didn't you say the entire bar association agreed that
it was vague and.

Speaker 3 (01:01:10):
Did not like it.

Speaker 4 (01:01:11):
Yeah, I think that bar association groups asked Governor Poll's
not to not to sign it, and he signed it.

Speaker 8 (01:01:18):
Now, as politics go again, everything is politicive. This is
where I split and I have loyalties on all sides.
I want better legislation to help consumers.

Speaker 3 (01:01:32):
I want that. I want consumers to be perfect. We
all do, especially as consumers, right, I do.

Speaker 8 (01:01:38):
But at the same time, you can go too far.
Do you think this goes too far or it's just
poorly written? See that's a very think of that question. Now,
do you like the idea?

Speaker 3 (01:01:49):
Of this. I like the idea of it.

Speaker 4 (01:01:51):
Well, I think it's just not feasible for certain areas
like practice of law. Attorneys like for example, doing a
court case, are not able to give a single number
that's the total nine you just said. I don't know
that's gonna be what the attorneys do. They're gonna say
they have to give an advisory saying the amount that
of the total price is not discernible at this time

(01:02:13):
because it's a function of our rates and how many
hours something along the most I'm.

Speaker 3 (01:02:19):
Thinking of people like I don't know if Mike Wink
does this anymore, but you know you have.

Speaker 8 (01:02:24):
His bankruptcy seven. He had a bankruptcy price.

Speaker 3 (01:02:27):
Fourteen ninety nine. This is going back twenty years, but
fourteen ninety nine bankruptcy. You could no longer advertise that
because anything in the world could come up in a bankruptcy.

Speaker 4 (01:02:38):
Well, a couple of areas in the law are lend
themselves well to a fixed price, but just a couple,
maybe maybe a state planning, maybe a consumer foreclosed bank.

Speaker 3 (01:02:49):
No, but even bankruptcies you could run up. You could
run up against problems all day long.

Speaker 8 (01:02:55):
Enough credits with creditors filing motions against you. Yeah right, okay,
Now let's talk about accounting. Can't you just say so
much an hour or an attorney so much an hour?
What do you not you don't have to give a
total price. What if you just say what it says,
so it says a total price.

Speaker 4 (01:03:11):
No hold on even what the attorneys are going to
be doing, which is giving some advisory saying it's not discernible,
is not going to comply with the law with the statue.
What do you mean, like, because that's not a total price,
I'm not able to say you can't just give an
hourly rate. No, I don't think that's not a total price.

Speaker 3 (01:03:29):
Holy crap, I mean this is this is weird.

Speaker 8 (01:03:33):
So a lot of these home services companies, they do
low low commons, they do a.

Speaker 3 (01:03:41):
I do think a lot of this. So what I'm
reading and you read it to Meitri, Yeah, and I
don't mean to interrupt there, but I think it truly
is in advertised prices. Something that's advertised on a billboard
or a magazine or over the air, or you're advertised.

Speaker 8 (01:03:55):
You're going to advertise the price. Then yeah, Jimetri, what
did you discern from that?

Speaker 6 (01:03:59):
You read well to answer Mark the point that he
just made it. Actually, it's not just advertise, it's offered price.
So the way I understand it is if that moving
company comes in and says, we're going to move your
stuff from A to B for six thousand dollars.

Speaker 3 (01:04:14):
That's their offer. That's at price.

Speaker 6 (01:04:16):
Well, but it also says offered.

Speaker 3 (01:04:18):
Yeah, no, I agree with you.

Speaker 6 (01:04:19):
Oh okay. Advertisement to me means like the billboard that
you cited earlier, offered what I'm saying both, Yeah, yeah,
I think that's what it says.

Speaker 8 (01:04:28):
All right, So so see, but I just don't even
know how they do it.

Speaker 3 (01:04:33):
I keep coming back to that. I don't know how
someone says on a furnace or on a water pump
or anything, they advertise it for fifteen hundred bucks, and
then they show up and it simply needs a code upgrade.
Where do they go from there? Yeah, and it's not
their fault, That's what I'm saying. I don't even know
how that works.

Speaker 8 (01:04:53):
I mean, they're they're doing the furnace and the inspector says,
wait a minute, this doesn't meet code.

Speaker 3 (01:05:00):
I hope that a new I have to hold up in.

Speaker 8 (01:05:02):
My opinion, if if if, in my limited opinion on
this so far, that I know, if you are doing
a furnace and you have to do some code up grades,
you have to the inspectors came to inspect and said
that you go to the homeowner and say here is
the price for that, and it's a new agreement. It

(01:05:26):
doesn't have to be part of the the you're saying,
we agreed to that price for your furnace, and we
can do it, but with the code upgrade. For the
code upgrade, it will be this amount. So you have
two separate agreements.

Speaker 4 (01:05:40):
Maybe if it's if it turns into a second job,
you do a new disclosure on the second job.

Speaker 8 (01:05:44):
It's alongside the first job though, which is weird.

Speaker 3 (01:05:47):
But that still doesn't stop the point that they advertise
something for fifteen hundred dollars either over the air on
TV and they couldn't do it. That's that's how I
read it. We got to take this break hold.

Speaker 8 (01:05:58):
On go with a sure thing Denver's Best Roofer Excel
roofing dot com.

Speaker 11 (01:06:08):
You don't pay a cent until you're content.

Speaker 8 (01:06:13):
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 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. Hi, Tom Martino,

(01:06:41):
Let's go to Tim, although we might run out of time,
and I'm hoping Tim will hang on.

Speaker 3 (01:06:45):
He was making are you my YouTube moron?

Speaker 8 (01:06:47):
One of the morons, because you were making some good comments.
Go ahead, Tim, Mark Tim Okay, go ahead, Tim, Yes, sir,
go ahead.

Speaker 14 (01:07:00):
Uh So, yeah, I think there's a section that talks
about this issue you're you're discussing about, like for car
mechanics or contractors or whatever, when.

Speaker 8 (01:07:09):
They when they discover extra stuff.

Speaker 14 (01:07:13):
Yes, so if you can there's an exception, if you
can demonstrate that the person offering it cannot reasonably uh as,
if there's let's see if the total price cannot.

Speaker 3 (01:07:25):
Reason Hold on in, I gotta three you on, Please
hold him, Please hold on.

Speaker 8 (01:07:28):
I know where you're going. Maybe if they didn't know
it was coming up, or couldn't it 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. Comparison call Compass Insurance
paying too much your coverage at dozens of insurance companies

(01:07:49):
find out now three all three seven to seven to
one help. You'll think you're his only customer when you
choose Frank durand the Real estate Man dot com to
list your home with Remax Alliance three three nine two
zero sixteen twenty two.

Speaker 3 (01:08:02):
Yeah, ripped up news.

Speaker 2 (01:08:11):
So you don't have come running just as fast as
we can show.

Speaker 1 (01:08:18):
Shooter's gonna help.

Speaker 2 (01:08:20):
Come man.

Speaker 3 (01:08:22):
Is the Troubleshooter show?

Speaker 8 (01:08:24):
No Tom Martinezy, Hey Tom Martino here with Mark Major.
And by the way, I want to tell you if
you're looking for a furnace all right now, the guaranteed
lowest price renew Home Innovations dot Com guarantees the lowest price,
and they if they want you to put them to
the test, whether it's a furnace or an ac or
even a water heater, any major replacement in your home,

(01:08:45):
guaranteed lowest price bar none, they say, put them to
the test now. It's got to be you know, like
with like three oh three nine zero four two thousand,
three oh three nine zero four two thousand renew Home
Innovations dot com. We've been discussing this amendment to the
Consumer Protection Act, which started out as house Built twenty five,

(01:09:08):
ten ninety and it really says in a nutshell what
does this say in a nutshell? Mark, Well, it's trying
to protect consumers from false advertising, and it's saying, not
just averge you've got to give one total price. You
can't and it doesn't have to be broken down, but
it must include everything. O Brian, Attorney at Law real quick.

Speaker 3 (01:09:31):
Here's a great example where everybody agrees this law is
going to be great. Everybody out there has gone to
a hotel at one point and it says it's ninety
nine dollars a night or one hundred turns out to
be wid Yeah, it turns out after everything else is
at yes, it's two hundred bucks. They're not going to
be able to do that anymore.

Speaker 8 (01:09:51):
Brad, give some other examples of things that won't be
able to be done under this law when it takes afect.
January first, twenty twenty six.

Speaker 4 (01:10:00):
Well, just does any service provider, accountants, engineers, attorneys, anybody.
It just doesn't seem workable because me, as an attorney,
I might do a court case that could last a
month if it settles early, or am I going a
full year if it goes all the way through trial?
How am I going to give a total price with that?

Speaker 8 (01:10:17):
But is your choice not to give a price at all?

Speaker 3 (01:10:19):
Though?

Speaker 4 (01:10:19):
Well, I can't. I'm not going to give a total
price because it's impossible to do that. I'm going to
have to give an advisory that says that it's not
feasible to give it time.

Speaker 8 (01:10:28):
We then we talked about and bring out a Tim
I'm sorry. Tim is one of my YouTube morons. That's
what I affectionately call our people who listen to our channel,
or just Tim Yeah and Tim more on Tim No Tim.
He was listening to us discuss what happens if like
a roofer fines bad decking underneath after giving a price
on a roof, or a guy doing the furnace there's

(01:10:50):
some code upgrades and the inspector says, oh, no, you
have to do this too. Is that part of the
furnace deal? And how do you get the extra money?
Because of course to the new amendment. Uh, you have
to give a full refund to the consumer for that.
You can't charge more money. Tim, you said, maybe we're
not reading it as closely as we should. Go ahead, Tim, wait, Tom, Uh, Yeah,

(01:11:15):
I mean I think it's it's gonna be a terrible bill.

Speaker 14 (01:11:18):
I think it's going to be kind of a paying
for small business owners to comply with it. But they
did try to address this issue, and it might even
apply to the legal fees issue. You just said, I'll
just reado this clause briefly.

Speaker 3 (01:11:32):
Okay.

Speaker 14 (01:11:33):
There's an exception if the total price of the service
cannot reasonably be known at the time of the offer
due to factors that determined the total price beyond the
control of the person of service, Okay, including factors that
are determined by consumer selections or preferences, or that relate
to distance or time. And there's a couple other regards.

Speaker 3 (01:11:54):
That wouldn't effect, for example, a code upgrade.

Speaker 8 (01:11:58):
Well if it wasn't, I mean, if they didn't know
about it at the time.

Speaker 14 (01:12:02):
They Yeah, you could say we didn't have any reasonable
way of knowing that.

Speaker 9 (01:12:07):
The decks under the roof was that.

Speaker 3 (01:12:09):
Tim, that's purely not how well, that's not how I
read it. It would cover the bad decking. If it
would cover the bad decking. One if let's just take
Excel roofing. If they said a new roof installed ten
thousand dollars, right, and that was the advertisement, they better
do a new roof with code upgrades and everything for
ten thousand. If they advertised it, but a new roof,

(01:12:32):
code upgrades extra if needed for ten thousand, then they'd
be fine.

Speaker 8 (01:12:37):
Then what if, though, then they find bad decking, As
Tim said, that clause would cover them, maybe.

Speaker 14 (01:12:46):
Because if they could show that it was beyond the
control and that they were not able to find the
decking before they started the roof. And you're right, Mark,
you do have to tell them. You have to say
it front. We may find other factors, and if we do,
the price will vary, but it can only count for
factor that you can't reasonably figure out.

Speaker 8 (01:13:03):
I agree with that. D you read it too. I'm
one of the few people I haven't read it. I
read the executive summary, but I Tim has read the
whole bill. Mark, No, I did, okay ahead.

Speaker 6 (01:13:12):
And Tim is absolutely right, it does have that.

Speaker 8 (01:13:15):
Do you think it's reasonable those provisions make it reasonable.

Speaker 6 (01:13:18):
D Yeah, and it says that you have to clearly,
conspicuously disclose the factors of the termine the total price.

Speaker 3 (01:13:25):
A lot of the things are going to be good.
We talked about cars. How about leasing? All these commercials
have run one hundred and ninety nine dollars a month lease. Okay,
well that's times of stuff.

Speaker 8 (01:13:36):
Now, Jeff Fix, speaking of cars, he has a question
Jeffick with Chimera transmission, one of our Auto Day experts
as well. Jeff, what do you have to say about this?

Speaker 9 (01:13:47):
Well, I can see how that could apply to me.
You know, if I quote the customer for something like,
you know, I'm putting a you joy in there, there's
could be two hundred bucks and I can't you know,
customer can't come back, and then it's two ninety five.
So but in the case of you know, something like
an overhaul, whether it's transmission or the differential or whatever
the case may be, you know, it requires a disassembly
in order for us to give an accurate price. So

(01:14:08):
the Yeah, the Vehicle Repair Act actually recognizes that and
has a separate clause for that. So which one would
actually take precedence?

Speaker 8 (01:14:17):
Yeah? Does this supersede the auto repair active it's how
would that work, Brad.

Speaker 4 (01:14:21):
I don't know. I'm hardly an expert on this bill.

Speaker 3 (01:14:24):
Hey, Jeff, I don't think that would in your scenario.
I don't think that would affect you if you said
it's going to be three hundred dollars to tear it
down and give you a quote on fixing it, as
long as you didn't tear it down and say, well,
now it's five hundred dollars to tear it down. I
don't think you broke this scenario at all.

Speaker 8 (01:14:42):
The tear down and put back together if they decide
not to have repair son is one agreement. Then once
you tear it down and then you find out what
it's going to cost to rebuild, that's going to be
a second agreement. I believe that that I could easily
make that case.

Speaker 3 (01:14:59):
You have to be able to jump to that. But
if you said it's going to be three thousand to rebuild,
and I showed up to pick it up and now
you're trying to charge four thousand for the rebuild, there's
a prise.

Speaker 8 (01:15:10):
Jet Did you know about this before you heard us
talking about it?

Speaker 9 (01:15:13):
No, not until I heard about this morning.

Speaker 8 (01:15:15):
No one's heard of this stand. How are people going
to know about it?

Speaker 3 (01:15:18):
How really?

Speaker 8 (01:15:18):
I mean, are they going to start advertise? How do
people know? Ignorance of the law is no excuse either though.

Speaker 3 (01:15:24):
How about ticket How about right now? If I want
to go to the Broncos game and buy tickets, they're
going to tell me those tickets are three hundred bucks.
By the time I'm done, each ticket is probably four
hundred bucks. They're not going to be able to do
that anymore.

Speaker 2 (01:15:37):
To me.

Speaker 3 (01:15:37):
That's a good part of this law.

Speaker 9 (01:15:40):
It is. But some of the small things, your small
vendors around you know, whether you have a small little
mom and popstop or whatnot, they can easily get burned
on this unknowingly.

Speaker 3 (01:15:49):
Well, I'll tell you where it could burn. A shop
like you and I used to charge shop supplies. I
used to and people go, oh, that's just a hitting profit. No, no,
but that's not true. You got windshield wash or fluid.
Shop supplies are literally shopped sidewis. Yeah, but now a
nineteen ninety five oil change, you better disclose his twenty
four ninety five or whatever it is. Okay.

Speaker 8 (01:16:12):
Randolph has a shout out to Brad O'Brien, he's online
three Randy, or maybe you don't want to be called Randy. Randolph,
what's going on?

Speaker 15 (01:16:22):
I hired Brad O'Brien based on your recommendation. I had
an issue with a reverse mortgage. Uh huh, Well, I
thought it was going to be really simple. It turned
out not to be so simple. And you know, every
month that it went by, the amount went up considerably.

(01:16:43):
And Brad went to work right away, got the job
done and made sure the funds got transferred.

Speaker 8 (01:16:50):
Wow.

Speaker 15 (01:16:51):
Today I received an actual confirmation from Hud that everything
was done. So he did a heck of a job.
I would recommend him to anybody whom he has a
real estate issue.

Speaker 8 (01:17:03):
Brad O'Brien right here sitting with us today. Seven to
zero three seven zero seventy three eighty eight, Randolph. We
love when our consumers and our listeners give us feedback,
honest to goodness, Thank you very much, Randolph, and including
my YouTube morons. Although they're low on the credibility scale,
they're pretty cool people. They tune in every day, so

(01:17:24):
we will give them special special consideration as well. Okay,
so we are talking about house bill. I recommend you
look it up, give us your impression. House Bill twenty five,
ten ninety all right, restaurants, the square meal deal, whatever

(01:17:44):
you know restaurants, does it apply? It applies to anything
advertised where a price is given up front. It must
be the price period.

Speaker 3 (01:17:57):
Is that right?

Speaker 6 (01:17:58):
Do you all right? That's how I read it. Actually
he talks about restaurants and bars and bruhubs and stuff
like that.

Speaker 3 (01:18:03):
The biggest one to me is the car industry. Think
of all these guys out there, Oh my god, I
love dealing Doug, but when he advertises a car that's
going to change everything, you better put in there the depth,
the the waste.

Speaker 8 (01:18:16):
Documents, prep fees, all of that. And I'm not saying
that's bad. Once again, that's good. But what am I
going to adjust? They call them market adjustments? And who
do you think, Brad? And I know you're not touting
yourself as an expert of this, but you alerted us
to it.

Speaker 3 (01:18:32):
You read it.

Speaker 8 (01:18:33):
Who do you think this is going to have the
biggest impact on? Are you thinking attorneys? Because of of
of people wanting prices and estimates.

Speaker 4 (01:18:41):
It impacts everybody because everybody's gonna have to give this
conspicuous disclosure and also conspicuous is probably it's not really
well defined, but it's going to mean probably something in
bold on the first page of whatever contract or quote
document you have that's indented above and apart from anything
else in the in the estimate mark.

Speaker 8 (01:18:59):
We're going to be very business. It's gonna be when
people call us, we're gonna be using this.

Speaker 3 (01:19:03):
It's gonna be the small business that is center killed
by this. The little local plumbers said, you know, don't
know how to disclose it properly. They're gonna end up
doing free stuff. Anyway.

Speaker 8 (01:19:15):
We got more coming up three oh three seven one
three talks seven one three A two five five Go
with a sure thing Denver's Best Roofer Excel Roofing dot com.

Speaker 11 (01:19:31):
You don't pay a cent until you're content.

Speaker 8 (01:19:36):
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 (01:20:02):
All right, three three seven one three A two five five.
We're all sent around thinking of different things this is
going to affect. I think the biggest thing is going
to be the car industry, but it's everybody. It's not
just the car industry. In fact, Brad, you brought something up.
I mean, someone could challenge this all the way up

(01:20:23):
to the Supreme Court for goodness sake. But I think
the spirit of the law is good. No, they don't
want any bs at advertising. But when the law is
not written properly, I mean, what do you possibly do.
There's going to be a lot of small businesses I think,
really hurt by this. Once the consumer even catches on
how did you catch win to this anyhow?

Speaker 4 (01:20:45):
Through the attorney, through the bar association, through the bar,
and so it's primarily focused on how's it going to
impact us as attorneys?

Speaker 3 (01:20:53):
All right, let's let's pivot a little. I want to
talk about goodness, goodness, gracious this microphone anyhow, I want
to talk about what you do in general, and I
want to talk about landlords out there is a good
part of your business. You do everything real estate, I
don't care residential, commercial, you name it. We talk about
that all the time. We use you on air all

(01:21:13):
the time. Do landlords come to you and they are
shocked by a lot of the changes in the past
few years in Colorado, Like literally they had no idea
or do most people know to get their lease updated.
I mean there's leases out there that aren't worth the
paper they were written on at this point.

Speaker 4 (01:21:32):
Yeah, there have been so many changes in landlord, tenant,
long and Colorado in the last six years that if
someone comes to me with like a ten year old lease,
it's just going to be more practical start over.

Speaker 3 (01:21:40):
Yeah, you just throw it away. And what's some of
the biggest things that have changed? And this is for
landlords out there, I know, like pet deposits, is there
even such a thing anymore?

Speaker 4 (01:21:51):
Yeah, you can charge a three hundred dollars now your cap.
There were no caps previously, but now your captain I
believe a three hundred dollars deposit is that per pet.
It's a total amount for as.

Speaker 3 (01:22:00):
So if one person has five dogs and you allow
five dogs, yeah, they can't get fifteen hundred bucks. It's
three tops.

Speaker 4 (01:22:07):
Yeah. And then also pet rent is captive a percent.
I think it's five percent, and I forget the dollar
amount per month five percent of the main rent or
some dollar amount the one of those.

Speaker 3 (01:22:19):
Two, I think the biggest thing. And what what is
the part of the law that basically says you cannot
get rid of a tenant even though the lease is up,
which sounds insane.

Speaker 4 (01:22:29):
That came along in twenty twenty four the just cause
eviction statute, or basically a landlord.

Speaker 8 (01:22:36):
Has, yeah, have to have what's called the just cause.

Speaker 4 (01:22:38):
Yeah, landlord can not simply non renew attendant has been
there for a year or more. They have to have
a specific reason, like they want to sell or move
themselves back in or renovate a year. Right, yeah, under
so a lot of landlords are maybe well served to
do an eleven month least in the first year in
case I don't want to renew that tenant. But once

(01:23:00):
the tenant has been there for one year, then they
have the right night to So even if they.

Speaker 8 (01:23:04):
Do two eleven months, that eleven month turns into twelve
months after the first month.

Speaker 3 (01:23:09):
Of the second That's.

Speaker 4 (01:23:10):
Right, It's only helpful in the first year because one
that tenant has been there for a total of one year,
then their rights to be renewed.

Speaker 3 (01:23:17):
Kick in. You know, you do things on both sides.
You do a lot of stuff for tenants and a
lot of stuff for landlords. So in general, thinking about
that change in the law, what do you think what
I mean, not a legal opinion on it, I mean
even on the just cause Yeah, yeah, exactly.

Speaker 4 (01:23:34):
Well, I think it makes it really hard to be
a landlord, a small mom and pop landlord in Colorado.
And many of the changes in the last five years
have been very pro tenant, and.

Speaker 8 (01:23:43):
Which is amazing because he used to be exactly the opposite.

Speaker 4 (01:23:46):
Yeah, and have increased the odds that landlords will be
having to go to courts sooner or later, probably sooner,
and incur more in attorney fees. So it's just more overhead,
more expense in being.

Speaker 8 (01:23:56):
A landlord or not being a landlord.

Speaker 3 (01:23:59):
A lot of them are yep, hey, Brad.

Speaker 6 (01:24:02):
I hear a lot of advertisements for services such as
home title lock protection. Oh, how big of a deal
is this?

Speaker 9 (01:24:10):
How?

Speaker 6 (01:24:10):
And I swear I don't know anything about this, But
how worried should I be that somebody's going to steal
my home from under me? How successful are these scammers
once they file the false the hell out of that.

Speaker 4 (01:24:21):
I'm not familiar with that product. But there's nothing stopping
anybody from going to the county recorder and recording a deed.
You know, it should well nothing, there is something stopping them.
It should be notarized. Now, if a county recorder can
can accept a deed that's not notarized, but if they
if they rejected, that's a good reason for it rejected.

Speaker 3 (01:24:39):
Well, there's nothing to stab someone from stealing the title
to your car, in forging your name.

Speaker 8 (01:24:45):
You know, here's the deal. What what title lock does
is it doesn't lock anything. All it does is inform
you when someone records an instrument against your title.

Speaker 3 (01:24:57):
It monitors your property.

Speaker 8 (01:24:59):
But let's say now the counties are starting to offer
that service free of charge, right right.

Speaker 6 (01:25:03):
But let's say I don't know and somebody records the
title and a few years go by, and of course
I have no idea, and then they sell my house.
How likely am I going to get kicked out of
my own home?

Speaker 4 (01:25:16):
Well, you'd have your right to do process where you
can go to court bring a quiet title action asking
the court to declare and decree that this claimant to
the title of your house has no rights to your houseworks.

Speaker 8 (01:25:27):
Ever, and if ever this statement meant something, it means
something now substance over form. Even though you have documents,
if they can show that that notary was you know,
you weren't even there. I mean, there are ways to
fight it. However, I would say the longest stays on there,

(01:25:48):
the more difficult it might be to fight. What do
you think, Brad, No.

Speaker 4 (01:25:52):
There is a twenty year there's a statue that says
that a recorded instrument has some validity at twenty years
after it's been recorded. But even that is rebuttable.

Speaker 8 (01:26:02):
Okay, so you don't really need to attack it immediately.

Speaker 4 (01:26:07):
I don't think that you need to lock down the
title to your house because it's not even possible in
the first place.

Speaker 8 (01:26:12):
Right in a service does, in my opinion, does nothing
except inform you. Just like the identity fraud insurance.

Speaker 3 (01:26:20):
Well that's literally what it says, though it's not pretending
anything else.

Speaker 8 (01:26:24):
It says, so it'll say for it, it'll notify you
and the counties. Right now, I think all of them almost,
I'm not almost. I think all of them are doing
it free of charge, that you're notified whenever something is uh,
and you got to give them the accurate address and
they'll notify you whenever something is recorded. But even with

(01:26:44):
tidle lock, they notify you, but they don't do anything
about it. They just notify you. I don't know why
people would buy that service. You got to be super
paranoid to buy that.

Speaker 9 (01:26:53):
You know.

Speaker 3 (01:26:54):
Thinking about that service in a different way, think about
the Colorado Protection Actor were talking about. If someone advertises
a cell phone service or a title lock for twenty
dollars a month, boy, it better be twenty bucks a months, right, Seriously,
I can't be like.

Speaker 8 (01:27:11):
Everybody doing business in Colorado. When they advertise price, they
have to include everything.

Speaker 3 (01:27:17):
How about direct TV or any of these guys. How
about YouTube TV They advertise fifty nine to ninety five,
but then there's other stuff on there and it's sixty
eight dollars. So I mean, it's going to change everything
we know now.

Speaker 8 (01:27:30):
By the way, Joshua, Joshua, what's going on with Sheridan police?

Speaker 5 (01:27:36):
All the twelfth of August, I was approached by shared
and police because of a list driver refuse me service
because of my service animal.

Speaker 3 (01:27:47):
Yeah, and.

Speaker 5 (01:27:50):
He excuse me of kicking his car. Well, I am,
though if you look at me and the way.

Speaker 9 (01:27:54):
I walk, the police could have told by the way.

Speaker 5 (01:27:57):
That I was in no physical condition to have done
They're accused of what happened, Well, they ended up. The
guy ended up.

Speaker 9 (01:28:08):
Uh.

Speaker 5 (01:28:09):
He was threatening me with his car, running like back
and forth like he was gonna run me and my
service all over and that was all on video.

Speaker 3 (01:28:17):
Well I brought it to his attention and uh wait,
So did this guy call the cops and you waited
there for the cops to show up?

Speaker 5 (01:28:28):
I was, he called the cops, and I was just
waiting for a different ride to show up.

Speaker 8 (01:28:33):
And while you were waiting, the cops showed up, but
this guy was still there.

Speaker 3 (01:28:38):
Yes, okay, so how did it end up?

Speaker 8 (01:28:41):
Were you charged with anything?

Speaker 5 (01:28:43):
Yes, they're charging me with Uh I'm trying to think
of what they call it.

Speaker 8 (01:28:49):
Uh, well, some kind of destruction of property or attempted
or whatever.

Speaker 3 (01:28:54):
Yes, But here's the deal.

Speaker 8 (01:28:55):
What you now have to face this charge like you
would any charge.

Speaker 3 (01:29:00):
You can't stop charges.

Speaker 8 (01:29:01):
From being done. You can't really stop them. If somebody
swears out a complaint, the cops take it pretty seriously.

Speaker 3 (01:29:09):
They have to take the complaint and you know that
Uber drivers got cameras everywhere. I haven't seen an Uber
driver lately that doesn't have three four cameras.

Speaker 8 (01:29:18):
Did the Joshua? Did they say you kicked the car?
Was there a dead or damage in the car to
the car?

Speaker 5 (01:29:27):
Suppose that they wouldn't let me see it, but supposedly
there was Okay, I never touched the car.

Speaker 8 (01:29:34):
No, No, I believe you. But it doesn't matter if
I believe you. If somebody swore out a complaint, the
police will write you a tiph.

Speaker 3 (01:29:42):
Wait wait, wait, am I to believe Hold on? These
are the kind of calls that I just scratched my
head on. So you call an Uber you have a doc.
Now they guy, we're not taking you. Yeah, we're not
taking you. And then they would leave and go to
the next ride. But instead of leaving and going to
the next ride, they hang out wait for a cop
to come. What I don't understand why anybody there's.

Speaker 8 (01:30:05):
Your motivation is what he's saying. Why would they do this?
Why would they take the time to do this just
to piss you off?

Speaker 6 (01:30:13):
I predict that the huge argument ensued.

Speaker 8 (01:30:16):
Did you have a big argument with this driver, Joshua?

Speaker 3 (01:30:25):
I think he left. Now are you there?

Speaker 8 (01:30:27):
No, I think he's gone.

Speaker 3 (01:30:28):
Yeah. I mean, think about it, Joshua, are you there
or not? I see the lineup, Kelly, if you can
get him back up. But there's this one of those
stories there asked to be a hell of a lot more.
Don't you guys agree? Yeah, here's what I'm thinking. It
would hang out there.

Speaker 8 (01:30:41):
I'm thinking that it's there's something to it. Like D said,
maybe they had a big argument and he pissed off
the Uber driver and the Uber driver called the cops.

Speaker 3 (01:30:51):
But you don't think the guy actually kicked his vehicle, I.

Speaker 9 (01:30:58):
D.

Speaker 6 (01:30:59):
I was answering your question mark, which is, why wouldn't
the guy Why wouldn't the driver just go to his
next fair? I said, well, I think it's because they
had a huge argument. The driver a chip on his
shoulder and he wanted to get back at Joshua by
folowing this complaint whether it's false or not. And I
have no idea.

Speaker 3 (01:31:14):
Well mentioned there is a DBT in the car because
this guy alluded to the police showed up and there
was a DAT in the car. Now, now you would
have to believe this driver not only hung out there,
didn't want to do that ride, but then went out
and kicked his own.

Speaker 6 (01:31:29):
Car there previous damn and Joshua mentioned in passing, there's
a video of this whole interaction.

Speaker 3 (01:31:36):
It would be great.

Speaker 6 (01:31:37):
Did you guys catch that? He said, it's all on video.

Speaker 3 (01:31:39):
They won't show it to him.

Speaker 6 (01:31:41):
Uh, you know, they won't show him the dent. I
don't know what what video Joshua was referring to. I
assume it's some kind of a surveillance video from a
nearby store.

Speaker 3 (01:31:50):
If it truly was a service dog, they're supposed to
take it, I think the way, I don't know about
that right now.

Speaker 8 (01:31:56):
Absolutely absolutely, But there's two kinds of dogs, or I
set a service dog, right, not.

Speaker 3 (01:32:03):
An emotional support. Emotional support.

Speaker 8 (01:32:05):
I think the way the country's going, that is going
to be included as a service dog. Eventually they're not
gonna need to do a service.

Speaker 3 (01:32:12):
Now we got a break. Okay, let's do this real quick.
By the way, we get a couple of lines open
and plenty of time to take the questions and help
you out. Three oh three Martino, three zero three Martino,
Please don't forget help at troubleshooter dot com.

Speaker 8 (01:32:31):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 11 (01:32:35):
You don't pay a cent until you're content.

Speaker 8 (01:32:41):
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 o three seven to
seven to one.

Speaker 3 (01:32:51):
Help.

Speaker 8 (01:32:51):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, you're a troubleshooter three
oh three seven to one three talks seven one three
eight two five five.

Speaker 3 (01:33:10):
Wow.

Speaker 8 (01:33:10):
It's amazing to me that this House Bill twenty five
ten ninety, which is an amendment to the Consumer Protection Act,
can actually go through so poorly written without but there
are some exceptions.

Speaker 3 (01:33:29):
So I want to go, yeah, we're just bringing the
music cheat. Go ahead.

Speaker 8 (01:33:34):
Sorry, So I have some text questions. Somebody wants to
know if there are always extra charges involved, and they
can't delineate in because it would take them too long
to figure it out. Can they just say other charges
may apply. That's the thing I don't know what about

(01:33:55):
this one guy, and I don't know what kind.

Speaker 3 (01:33:58):
Of job it is.

Speaker 8 (01:33:59):
It says, I put in every proposal that any bad, rusted,
leaky gas, flew water lines beyond normal tie in not included.
See that's the thing. I mean, you got to be
able to exclude or include other things in the future.
But he wants to know if that's okay. We don't know.
I mean, honest to God, we don't know. I don't

(01:34:22):
know how this is going to affect business and how
this is going to affect the courts. I will tell
you this, There are many provisions. De brought this out
one time. He said, you know, Tom, there are a
lot of provisions in the Consumer Protection Act that applied.
You said this right in the very beginning when you
were hanging out with us, that applied to a lot

(01:34:42):
of your calls. You say, it's covered. You said, it's
an amazing law, the Colorado Consumer Protection Act. And he
read it and he said there were a lot of provisions,
but they were never enforced.

Speaker 6 (01:34:55):
Well, you know, there are two ways to enforce it.
One is through the state Attorney General's office. Switch and
they want to do it, then they just engage in
a few cases where they can get some favorable publicity,
But the important part was the consumer's right to private action.
And there are a lot of these violations of the
CCPA where the consumer is entitled to three times of
damages and all of their journey.

Speaker 8 (01:35:16):
Have you sued under the Colorado Consumer Protection many times?

Speaker 6 (01:35:20):
That's one of the two laws under which I sue
the spammers. So my text message spammers and my you know,
telemarketing call spammers. That's one of the things that's prohibited
by the CCPA.

Speaker 3 (01:35:31):
Isn't most of the leg work in that actually figuring
out who you're suing.

Speaker 6 (01:35:36):
Yeah, and making sure that they're collectible and making you know,
if it's some schmo that lives in his mom's basement,
I'm not going to bother but.

Speaker 3 (01:35:42):
Or if it's some guy that's over in wherever Germany?
Isah that yet?

Speaker 6 (01:35:46):
But you know, ultimately they can't become an able, impossible
to trace because they're trying to sell you something. Right,
So right, how do.

Speaker 8 (01:35:54):
You play along? And doesn't that negate the Hey, I
didn't want you to solicity.

Speaker 6 (01:35:59):
I've never had to play along. I've never had a
mislead them like that. Which is permitted. You can do
that because they always you know, they they they right
off the bat, they they disclose what service they're trying
to sell.

Speaker 8 (01:36:11):
Un the first step for those listening, the first step
would be you must confirm you're on a no call list.

Speaker 6 (01:36:18):
Yeah. Well, under the Colorado law, you have to be
on the no call list, right so, and that doesn't
cost anything. It's takes five minutes to register.

Speaker 3 (01:36:27):
Okay.

Speaker 6 (01:36:27):
Under the federal law, you're not. That doesn't even require
you to be on the no call list.

Speaker 8 (01:36:31):
Okay, it's just unsolicited.

Speaker 6 (01:36:33):
Unsolicited is not permitted.

Speaker 3 (01:36:35):
Okay.

Speaker 8 (01:36:36):
Now, are politics excluded?

Speaker 6 (01:36:38):
Politics are excluded, Surveys are excluded?

Speaker 3 (01:36:41):
Oh really? Okay?

Speaker 8 (01:36:43):
And what about religious or charitable organizations?

Speaker 6 (01:36:47):
Charitable organizations are also excluded.

Speaker 8 (01:36:48):
I don't know about their religious Well that would be
I meant they're usually a five O one C three
zer Okay. So once you establish who it is, do
you have to give them a chance to stop?

Speaker 6 (01:37:01):
No, you can see right off the bat. Now, I
used to stand the preltigation settlement offers, but I've never
had anyone take me seriously, right, because who's ever heard
of suing a junk texter? So none of those panned out,
so I.

Speaker 8 (01:37:15):
Just find who it is. How do you find out
who to serve?

Speaker 6 (01:37:19):
Well, if it's a real company, then I look up
their registered agent and serve the registered agent. If it's
an individual, then I just serve the individual.

Speaker 8 (01:37:28):
Have you had any not show up?

Speaker 6 (01:37:31):
Did I have anyone default on those?

Speaker 9 (01:37:33):
No?

Speaker 6 (01:37:33):
They all fight me.

Speaker 3 (01:37:35):
They do.

Speaker 8 (01:37:36):
Yeah, for five it's a five hundred dollars events.

Speaker 6 (01:37:38):
Under the state law, a single call is five hundred bucks.
Under the federal law, it's fifteen hundred dollars per text,
message or.

Speaker 3 (01:37:45):
Perform from the first one.

Speaker 6 (01:37:47):
From the second one. So that's how I decide whether
to sue under federal or state law. The federal law
pays you a lot more, but they give everybody a freebie.
So if it's somebody that only sent me one, then
I'm entitled to five hundred bucks under the state law.

Speaker 8 (01:38:02):
Can you bait them into sending you a second one?

Speaker 6 (01:38:04):
No, because that's called manufacturing. That's called manufacturing your own harm.
So now you can bait them. You can pretend that
you want more information, but only to find out who
they are. To verify your potential defendant.

Speaker 3 (01:38:16):
How do you find out if you agreed to allow
them to text you. How do you know that?

Speaker 9 (01:38:21):
You know?

Speaker 8 (01:38:22):
Sometimes when you're like you sign up for Uber a
little box you check you have to opt out.

Speaker 3 (01:38:29):
Okay, maybe I send you first your messages?

Speaker 6 (01:38:32):
You know, no, yes, So if you do end up
opting out, whether intentionally or not, you can revoke that
permission at any time, and you can do that in
any way you want to. You can call them, you
can text them, you can send them a letter, and
that revocation becomes effective immediately.

Speaker 8 (01:38:50):
Okay, So now you found out who to serve and
you go to court.

Speaker 3 (01:38:54):
What is their defense? Is there a defense at all?

Speaker 8 (01:38:57):
Is there a defense? Why do they bother fighting well,
you know, or do they think you're not real?

Speaker 4 (01:39:03):
Or what?

Speaker 3 (01:39:03):
Why would they fight it?

Speaker 8 (01:39:04):
If the if the Colorado Consumer Protection Act is that
clear cut?

Speaker 3 (01:39:09):
Hold on, let's let them. Let's let him answer it
right after this, So let's hold on. I want to
hear the answer to this big time