Episode Transcript
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Speaker 1 (00:05):
Ripped up.
Speaker 2 (00:07):
News need advice, so you don't have the.
Speaker 1 (00:13):
Come running just as fast as the can show.
Speaker 2 (00:16):
Shooter's gonna help coming. Man, this is.
Speaker 3 (00:21):
The Troubleshooter Show. No Tom Martine, Hello Tom Martino here,
Welcome to the show. Three oh three seven one three
talk three oh three seven one three eight two five five.
I hope you're all having a wonderful day, and I
can see all of you there in the studio of
(00:41):
your streaming. I have the studio up, and we have
Mark and Susan. We have Deputy Doc and bo. I thought, uh,
I wasn't sure they were gonna be there today, but okay,
I got Deputy D here, so we're ready to go.
We got the full compliment, well not full compliment, but
we have everyone standing by ready to take cases before
we go anywhere. Let me ask basically, does anyone have
(01:07):
any follow ups to talk about? And he follow ups
at all? D. Yeah. Tom.
Speaker 4 (01:15):
You may recall that for the past two days we've
been working on this matter with Chelsea and Nichols Automotive. Yeah,
and you know you you had a lot to say
about the warranty company on Friday, but it feels like
we ran out of time during the show time to really.
Speaker 3 (01:30):
Wrap this up. Plus I was steamrolling you guys.
Speaker 4 (01:33):
Oh yeah, okay, it was toind of fun, and so
it would be great to kind of bring this to
a conclusion.
Speaker 3 (01:39):
What is your position on, Hey, who should pay?
Speaker 1 (01:42):
What?
Speaker 3 (01:42):
I think the guys, I think that the warranty that
if she mentioned the warranty and he said, I'll take
care of it her something.
Speaker 5 (01:49):
I mean, I don't think he did this.
Speaker 3 (01:52):
I think she was in a hurry to get her car,
and I think he wanted to get it fixed. I
think did he call the warranty company? I don't think. Yeah,
not lined. I think he called them. I don't know
what was said. Here's the point. I don't know what
was said, and they won't let us hear the conversation.
But the point of trying to make is I don't
think he should eat six grand because he did the
(02:12):
repair without their authorization number or whatever the hell that
they need, and he doesn't know the he doesn't know
the workings of that particular warranty company. Warranty companies have
a certain procedure. But should he be held responsible for
making sure he had that done properly? And should he
if he didn't, like, if you took your car in somewhere,
(02:33):
if you specified on the work order, I want my warranty.
I need to get my warranty to cover this. I
can't afford it, or whatever, or anything about a warranty.
It was never mentioned on the work order. Not only
that she signed the work order, he authorizing the admitted
he called the company. Yeah he did. When But when
he said he called the company, he said they told
(02:53):
him to just document everything as he goes.
Speaker 6 (02:56):
So.
Speaker 3 (02:57):
But here's the point, and I think Kevin made a
really good point. Mark he doesn't think they would have
covered it anyway. I do because he's done enough work
with warranty companies in general. Here we'll think about this.
Speaker 5 (03:10):
This is a car had.
Speaker 7 (03:11):
Undred car warranty that's only four thousand miles.
Speaker 3 (03:15):
It's literally made for things just like this.
Speaker 7 (03:18):
It's not your typical three year, thirty six thousand miles.
This is something they can offer with a used car
sale that only lasts four thousand miles.
Speaker 3 (03:29):
But what Kevin said was they usually will not fix
anything pre existing. And he said it happened in one
hundred and sixty miles, and most likely that would be
something that was wrong before.
Speaker 7 (03:42):
He can't even go back and bitch at the dealership
at this point because this guy blew it.
Speaker 3 (03:46):
Dealing with the warranty company. Well, there's nothing a bitch
at the warranty company about anyway. Not choose me or
the dealer because she bought the car.
Speaker 7 (03:55):
They might they might have done something. For example, they
sold a rewarrant. I don't know if it just comes
with their car, if it was an additional price. I think, Dimitri,
it was an additional price. She could go back and
you sold me a car with a warranty, and this
warranty is absolutely no good in the car's no good.
Speaker 3 (04:14):
She might have some leverage there. How much did she
pay for that warranty? I think it was somewhere in
the upper two hundreds.
Speaker 4 (04:21):
No, but we you know, I'm hesitant to say the
warranty was worthless because the I don't doubt that many
warranty companies are scummy, But this particular warranty company never
got a chance to wheezel out of it because they
set forth the conditions under which they would evaluate the claim,
and those conditions weren't followed.
Speaker 3 (04:39):
Yeah, but he okay, of course they weren't followed. He
didn't have the warranty in front of him.
Speaker 7 (04:44):
But fifty years in the business, like I told you,
you could call any Firestone, Goodyear, Shared, an auto tech dealership.
Speaker 3 (04:52):
Everybody knows. You got to get how to work with these.
Whether it's a roofer or it's a warranty company, they
are not held responsible for the warranty not paying. You're
still when you go to a doctor, if your health
insurance doesn't pay, Tom.
Speaker 7 (05:07):
You are I think you are getting I honestly think
you miss it. When I gave this analogy, you hated it.
But if I have hail damage and I go Higher
Excel Roofing and they do my roof, and then I
call up my insurance company when there's nothing for them
to inspect or do anymore, and say write me a check.
Whether I actually needed the roof or not, at that
point doesn't matter. My insurance company is not going to
(05:30):
do anything. And Mark, you can't see that.
Speaker 3 (05:34):
It's a different analogy here that she she went and
she signed the work, She gave them all the warrantine information.
He agreed right on the you have the regard, how
do you know? Because he said, do you know on
the air. Do you want to hear it again? He
didn't have the warranty in front of him. He didn't
have the warranty in front of him. I agree he
(05:54):
did not. He didn't have the warranty, he didn't have
the terms and conditions in front of him.
Speaker 5 (05:58):
He's not supposed to listen.
Speaker 3 (06:00):
What I'm saying is if you hire Excel roof and
come out and to your roof and they don't follow
the terms of the insurance policy, and they don't have
that insurance policy in front of him, they put a
roof on your house, you think they should eat a roof.
I don't think so at all. I bet I don't
think this.
Speaker 7 (06:14):
If Excel came out and said, I'm going to work,
and you sign a contract saying it's going to be
the proceeds of the insurance company, just like they always.
Speaker 3 (06:22):
They never sign a contract like that. They never sign
a contract like that and the proceeds of the insurance.
But you're right, if somebody did sign this, I will
know if someone signed something saying I would take the
proceeds of the insurance. If someone signed that, then you're
absolutely right. And if they didn't get the proceeds, then
screw them. But this guy never signed anything saying I
(06:45):
will take the proceeds of your warranty company. Nohow me
where he signed that. He didn't sign it. What he
did do is tell her it got approved by the
damn warranty company, and it didn't.
Speaker 5 (06:55):
He never told her that they played so.
Speaker 7 (06:59):
Basically was saying his quarranty company approved it. You guys
did the work, but then at the end they decided
they were going to pay it because you guys couldn't
provide stuff then. And he's sticking by that and even
her if you had to.
Speaker 6 (07:15):
That's exactly correct.
Speaker 1 (07:17):
Mark.
Speaker 3 (07:17):
By the way, this is a recording, and he's not
disputing he said this.
Speaker 5 (07:20):
He is not disputing it.
Speaker 3 (07:22):
He said he called the warranty company and they approved
it as long as he could document it. They told
him to tear it down and document it. That is
what he is telling.
Speaker 7 (07:32):
Then we go on to ask him, did you get
did you get the approval number?
Speaker 5 (07:37):
No, well then you did. He didn't get a number.
Speaker 3 (07:40):
He's mark. He said he got approval. Now when the
company says, by the way, go ahead and tear it
down and document it. We'll take care of it, and
he goes ahead and does that. Who told him he's
supposed to get a number?
Speaker 7 (07:54):
Well, nobody, because they didn't say that I guarantee the warranty.
No want you get a copy of that recording, since
you like the warranty company so much and you believe
them over a fifty year mechanic or a business campaign, if.
Speaker 3 (08:09):
You bought him, If you brought in your BMW and
you spent like seven grand on an aftermarket or extended
warranty and they didn't get a damn approval number, you
would be off your rocker. First of all, you keep
talking about an approval number. You make a sound as
if this guy had all of the rules and conditions
(08:31):
of this quarranty in front of him. This there is
nobody doesn't matter, Mark. Every warranty company is different. Every
warranty company is isn't I can't believe you're saying this,
that a warranty that a mechanic is supposed to know
that he has to get a confirmation number. You name one,
I'll call somebody up.
Speaker 7 (08:49):
I don't care who it is, good Year, Firestone Sears,
if they still have an automotive. Anybody that could ever
possibly deal with a warranty, knows how to deal with
these people.
Speaker 3 (08:58):
If if you have a if you have a customer
who's breathing down your neck and says, I need to
get this fixed as soon as possible. And even if
she said, even though it's not in writing anywhere, I
have a warranty, here's the warranty. And he calls them
and they say, tear it down. We're not going to
pay for the teardown, but if you document it, we
will pay for it. If it's the transmission, and if
(09:21):
it's not pre existing, that's so if he goes there,
one works.
Speaker 7 (09:24):
If you tear it down, then they send an adjuster
out to inspect it. He completely bypassed it, and I
personally think so.
Speaker 3 (09:32):
So he okay about it. So, ladies and gentlemen, he
should eat six thousand dollars worth of work and she
should get a free transmission because she got him. You
know what, we're never going to agree on this, so
let's just move.
Speaker 1 (09:44):
On, all right.
Speaker 3 (09:44):
I mean, there's really no reason to keep discussing it.
I think that he's he should be paid something. I
don't think the man should be punished for trying to
get his customer of ten or twenty years down the road,
and I don't think he intentionally did this to try
to cheat her out of six grand. It's the that easy.
I don't think so. And if I had to put
my money somewhere, it would not be on a warranty company,
(10:05):
because in my experience, warranty companies lie more than anyone there.
That's my experience. So anyway, three oh three seven to
one three, I mean, we're just not going to agree.
It doesn't mean someone's right and someone's wrong. We have
different opinions, and mine is that I think the warranty
company is not telling us or showing us or letting
us hear that phone call for a reason because they
(10:27):
gave him the the the implied consent. Oh, go ahead
and do it, And now they don't want to own
up and they want to get out of it, just
like ninety percent of all warranty companies you even ask
Kevin Calkin, they're pains in the ass. And this one
has one of the worst ratings in the business. But
let's believe the warranty company all of a sudden, we
(10:47):
love marketing companies. Here on the Troubleshooter share audio. If
I get that audio and this guy's full of it, okay,
forget about mistakes. If this guy what he's been telling
you is incorrect and I get that audio, will you
spend every living day bearing him until he gives a
car back. I'm not gonna bury him. I'm going to
make a deal so she can get a car back.
(11:08):
She's still gonna owe something for the car. You somehow
feel like she wasn't going to pay a dime for anything.
And you're assuming that the warranty company would have paid
one hundred percent for the repair. I'm still not there.
Speaker 1 (11:19):
Mark.
Speaker 3 (11:19):
You're saying, oh, yeah, they would have automatically paid, Because Mark,
how many experiences do we have with warranty companies automatically
paying one hundred percent of the repairs?
Speaker 5 (11:28):
How do you tell me?
Speaker 3 (11:29):
Mark? You tell me, because you've sat in this chair
long enough, tell me how many warranty companies voluntarily on
a used car warranty we'll replace the transmission one percent
after they own the car for one hundred and sixty miles.
Speaker 5 (11:42):
How many?
Speaker 3 (11:43):
How many do you think we've had in our experience
that voluntarily pays for every one thing. We're never going
to agree on it.
Speaker 7 (11:49):
I think this guy screwed her, not on purpose by
any means. I think he totally dropped the ball and
now she's hung with with she bought a warranty that
simply can't use.
Speaker 3 (12:01):
And you're assuming, but you're also assuming, Mark, I agree
with you on this. You though they never got to
look at you're assuming they would have paid one it. Well,
I you're assuming paid. I think they would have paid
up to whatever the policy was. What do we even
know what that policy was? I think he's me I read,
actually do we even know? If?
Speaker 4 (12:21):
It doesn't say anything about it has a deductive, It
has a modest deductible, but it has a huge, very
significant cap.
Speaker 3 (12:29):
On hourly rate.
Speaker 4 (12:30):
I believe they only allow seventy five dollars an hour
with one hundred dollars deductible. That's that's what I saw.
I mean, I do have a proposed resolution to this.
Speaker 3 (12:40):
And what if you bring it to a place that
you know and trust and they don't want to work
for that? What happens then you have to pay the
re You pay the difference. That's like what Jeff and
Kevin said. We got more coming up on the troubleshooter
show mark. Please try to get Please try to get
that recording, honest to goodness, tell them it'll only help them.
Three h three seven one three eight two five five.
(13:01):
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(13:22):
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(13:45):
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(14:07):
Alliance three oh three nine two zero sixteen twenty two.
Hi Tom Martine, your troubleshooter three oh three seven one
three talk three oh three seven one three eight two
five five. All right, now Jay has a comment on
(14:28):
this case, and again we're not going to be labor it,
but hey, it's okay that people don't don't agree on everything.
That's how actually things get done better is when we
examine many many opinions. Agreed.
Speaker 5 (14:39):
Go ahead, Jay, go ahead, Jay.
Speaker 8 (14:42):
Hey Tom, First, I want to clarify something I'm unclear
on when the mechanic called the warranty company. Did he
get permission from them too, we don't know, down and
inspect it, or did he get we don't know, permission
to repair it, because.
Speaker 5 (14:56):
That would be a huge we don't know, we don't know.
Speaker 8 (14:59):
Take some both the small claims court, or at least
one of them. She can compel evidence and then the
truth kind of has to come out, or if she
kind of wins.
Speaker 3 (15:09):
Yeah, I don't know, man, I don't know what was
said on that phone call. He says he called and
told him he has this client's car, blah blah blah,
and they said, document everything, tear it down, and we'll
take care of it. He now what, I don't know
if they said that numbers nothing.
Speaker 8 (15:26):
So therefore, if she sues the warranty company on the
mechanic's word, he has to help her make the case.
If that's what he's claiming, he makes that case, they
come back and say, never happened. Here's how we can
go ahead.
Speaker 9 (15:40):
Day.
Speaker 3 (15:40):
What are you doing? Answer?
Speaker 5 (15:41):
Hold on, Jay, Jay.
Speaker 4 (15:43):
She doesn't have the option of suing them. I read
the entire contract with a warranty company, and she agreed
to arbitration for the warranty company with a warranty company.
So she sues them, they'll just get it dismissed instantly,
and arbitration is going to be prohibitably expensive.
Speaker 3 (15:59):
What is going on? Is she going to get her car?
Have you talked to her today?
Speaker 1 (16:02):
No?
Speaker 10 (16:03):
Not yet.
Speaker 3 (16:03):
I just emailed both Nichols. You just thought it'd be
a good idea of bringing up to piss me off. No,
I just.
Speaker 4 (16:10):
It would be a good idea two of the three
of us to agree on how to proceed.
Speaker 3 (16:15):
Anyway, So while you and Mark were arguing.
Speaker 4 (16:17):
I came up with a settlement offer, and I just
emailed it to both of them.
Speaker 3 (16:20):
I want to know. I want to know what your
offer was. What is it? Well, my view, did you
eail By the way, did you email me.
Speaker 4 (16:28):
The I emailed both you and Mark not only the
policy but the denial letter. I want to from the
warranty company Mark to answer your question from the perspective
of the fact that they both the consumer and Nichols
both mismanaged this process as as you already As you
already know, Nichols should have been better prepared to manage
(16:48):
the warranty claim. However, Chelsea should have also managed the process.
She should have had the warranty policy in front of Nichols.
She should have demanded he gets an approval number and
tells her what her out of pocket expense will meet
before she approves the expense. However, she approved the repair
before any of that was done. So I think they
were both equally at fault.
Speaker 3 (17:08):
I don't see the warranty you sent me.
Speaker 4 (17:10):
I emailed it to you and Mark h Okay, and
so my proposed resolution was, would Nichols be willing to
settle for their actual out of pocket costs, their labor
costs and their parts costs without profit because they are
you know.
Speaker 3 (17:30):
Yeah, but I imagine a small shop that's going to
be the whole price anyway.
Speaker 4 (17:34):
Well, no, there's costs, and there's profit right on top
of costs, and that's what the consumer gets charged. But
my point was they both they both messed up. They
both mismanaged this process. So let's just get this lady's
car back. And so I asked for that amount. I
emailed them both simultaneously, and I said, Chelsea, if they
respond positively, see what the amount is and let us
(17:56):
both let us all know if this is acceptable to you.
Speaker 3 (18:00):
And then maybe payment.
Speaker 4 (18:04):
Yeah, yeah, let's see what the amount is. She may
be abole to cover it right off the bat. If not,
then it sounds.
Speaker 3 (18:09):
Like and they sold it with a transmission problem even
though it was as is, maybe something should be I
don't know, maybe something should be done. Is this two pages?
Speaker 5 (18:18):
Is the entire warranty? Two pages?
Speaker 3 (18:21):
No, you've got two files in there. I got I
got this thing that the car's protection plus rejection letter, yep.
And then I had the other one, which is okay,
the whole warranty flex protect.
Speaker 5 (18:33):
That's it.
Speaker 3 (18:34):
Yeah, okay, yeah, it's more than two pages.
Speaker 5 (18:36):
Yeah, no, I got it now.
Speaker 4 (18:37):
Yeah, I read the entire thing, including the bold capital
letters that says that if you do not get our
approval prior to the repair, your claim will be denied
in bold capital letters.
Speaker 3 (18:51):
Yeah. See, you guys are looking at the process. Yes,
I'm looking at would it be covered anyway? So I'm
going through the covering. It's so that's very clear. Yeah,
well it's not very clear. Actually you're saying it's very clear.
They would have replaced the transmission. It's clear what you're doing. Yeah,
So I just want to see what they say about
the replacement because they say schedule of coverage coverage under
(19:15):
this agreement includes components listed in this section, and then
they put transmission. It says manual transmission, then they say automatic.
Which one is it? Automatic transmission? Automatic transmission? And the
torque converter, bans, pump, pump housing, carrier assembly, planetary gears,
blah blah blah blah Blahay. So the lubricated parts transmission
(19:37):
transfer case only if damaged by a covered component internal
to the transmission transfer housing, so it doesn't leave much
for exceptions here. It doesn't now the somewhere by the way,
because this sounds pretty clear. Irrelevant part.
Speaker 4 (19:52):
We don't even need to go to the exceptions because
the relevant part is that it covers the valve body.
And Kevin from Shared autottech to me that that mectronic
component is also know that that Nichols replaced is also
known as the valve body and that is covered on
that Schedule one Automatic Transmission Repairs Components.
Speaker 3 (20:18):
Now, so it's talking all about and you seem to
highlight this damci. But see he didn't have this in
front of him. It would have been wonderful if you
had it been It spells out every single step your
repair facilities should do. Your repair facility should do this,
Your repairs facilities should do that. Yes, okay, well okay, sir,
(20:41):
you didn't do step number four A subsection B no time.
It's not that silly.
Speaker 4 (20:46):
It's it's not that silly because after fifty years in business,
as you said, he or any of them.
Speaker 3 (20:52):
How many warrant okay, how many warranties do you think
they're all the same?
Speaker 1 (20:56):
Man?
Speaker 3 (20:56):
How many they're all the same. They're all exactly the same.
Are requirement.
Speaker 4 (21:03):
I mean, could could share an autotech tell us about
a warranty company they deal with that does not A
require an approval and B doesn't.
Speaker 3 (21:10):
Have I never said a warranty company does not require approval.
Speaker 5 (21:14):
I never said that. Ever, what I said was this.
Speaker 3 (21:18):
She never, first of all, referenced to warranty once, not
once in writing number two. If she referenced it verbally,
can we say that she handed Is it reasonable for
her to say I have a warranty and then expect him,
with one phone call to discern each and every term
in condition that warranty entails. Come on, bro, come on, yeah,
that's reasonable. It's not reasonable one phone call and this
(21:41):
mechanic should digest this entire thirteen page agreement.
Speaker 4 (21:45):
Come on, man, the law. Let's be honest about what
the procedure is based on his experience.
Speaker 3 (21:51):
Now, I think what he was what he did do
that was stupid is did the repair Because if he
would have called them and said listen, or he should
have called her and said I need to see this
warranty because I don't want to be stuck with the bill,
that's what he should have done. Agreed, absolutely should have
done that. And I just don't know why he didn't.
I think he didn't do it because he got the
(22:12):
impression she wanted it repaired, no matter why. That's the
feeling I got when I talked to him, not that
he wanted to make a quick six grand from a
fifteen year customer and just put the screws to her.
He said she was desperate to get her car fixed,
So I have a feeling he was he. I do
think he rushed it, I really do, and I said
this before. I think he screwed up the process. I
(22:34):
don't think he was familiar with the process. I don't
think it's reasonable for us to assume that every mechanic
that we whisper a warranty to should know all thirteen pages.
I don't think that's reasonable either.
Speaker 4 (22:45):
No, but it's reasonable for him to call and get
the requirements to get the coverage.
Speaker 3 (22:50):
And where in the contract does it say that on
that workloader showed me to me because we usually we
usually go by riding. Missishimmer said that, but he should
have should have put that in at least in the warranty,
that this is a warranty repair or something. YEP, I agree,
I agree. I'd like to know why she didn't. I
really do. And as long as we're talking about this
damn thing.
Speaker 1 (23:10):
I don't.
Speaker 7 (23:11):
I've never put that on any invoice from any of
my good years ever. This you just deal with the
warranty company. You call them up, you get the approval
and that's it. They go over the exact pricing, they
send out an adjuster if it's a certain amount, and
it's the same with every one of them.
Speaker 3 (23:28):
Okay, so get the get the recording of the phone
call that yeah.
Speaker 11 (23:35):
So so if I remember from this call last week,
this Chelsea week, here, here's what.
Speaker 3 (23:40):
I'm going to do. It sounds like you're taking a
breath and you're going to be filled with words, which
I love.
Speaker 5 (23:45):
But let's do it after the break.
Speaker 3 (23:46):
I'm Tom Martino. Three oh three seven one three talk
seven one three eight two five five go with a
sure thing Denver's Best for excel roofing dot com. You
don't pay a cent until you're content. Time for an
(24:07):
insurance check up, free no obligation comparison call compass insurance
paying too much your coverage at dozens of insurance companies
find out now three oh three seven to seven to
one help You'll think you're his only customer. When you
choose Frank Durand the real Estate Man dot Com to
list your home with Remax Alliance three all three nine
two zero sixteen twenty two.
Speaker 1 (24:31):
That's not an easel.
Speaker 3 (24:32):
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one three talk seven one three eight two five five Okay,
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what's going on with you? Earlene? Now? I remember you
were working with Bo and he did such a wonderful job.
This is a furnace no one would give the time
at day two. They didn't. You know, most old furnaces
(25:13):
now people don't want to fix, they don't want to
get the parts, they don't want to do it. All
they want to do is trash them and get you
a new one. You couldn't afford it, or Len, you
couldn't afford anything and anyway, but he worked really hard.
Speaker 12 (25:29):
I just want to call in and thank you. Thanks
everybody so much, train and u JJ have that put
that mogor in Mo did a wonderful job.
Speaker 3 (25:42):
Thank you.
Speaker 12 (25:44):
Tom did a wonderful job, especially him.
Speaker 3 (25:48):
I thank you.
Speaker 12 (25:50):
Yeah, I had. I was so cold that stuff. When
I got my furnace, I couldn't believe how much warm
up I became.
Speaker 5 (26:00):
Oh that is that's so nice.
Speaker 3 (26:03):
Yes, you know what, Deputy Bow, he did a great job.
Speaker 12 (26:08):
Yeah, you know.
Speaker 3 (26:10):
He had told us your story a few times each
step of the way, like when they went out and
looked at it, when they took out the part, when
they went to train, when they got it donated, when
they got somebody to put it in, bla, all of that.
But we never heard from you directly until now, and
we so appreciate it. Earlene.
Speaker 5 (26:29):
Did you are you staying warm now?
Speaker 12 (26:31):
Yes? I am one percent warm.
Speaker 3 (26:36):
How old are you right now?
Speaker 12 (26:39):
I'm sorry?
Speaker 5 (26:39):
What how old are you right now?
Speaker 13 (26:43):
Oh?
Speaker 12 (26:43):
Am eighty two?
Speaker 3 (26:47):
You're eighty two, two eighty two? You know what that
You're lucky you called in because we don't help people
over eighty two. We only help them up to age
eighty two. So you got in just under the wire.
Speaker 12 (27:02):
Oh well, that's wonderful, that's wonderful.
Speaker 3 (27:05):
I'm just kidding her, ear Lene. I'm just getting we'll
help anyone. But you know what, I'm glad that you're
staying warm. Thank you for and your daughter, by the way,
she works two days a week and tries to uh,
she tries to work out, you know, work help you out.
And then she's got You got two grandchildren. How are
they doing? Are they just graduated? Are they going to college?
Speaker 12 (27:30):
If you.
Speaker 3 (27:33):
Can talk, I imagine they are. Anyway, So we're we're back. Okay,
thank you, Earlene.
Speaker 11 (27:40):
I appreciate that boat. I'm glad everything's working well. And
you've got basically have a new furnace with a new parts.
Speaker 3 (27:48):
No, no, I know that's what I you know, bo, bo,
that's a really good thing you bring up. People don't
do parts anymore. They do either remove and replace if
it's big enough, or they just replace it. Now, before
we went to break, you were going to say something
about the warranty issue. Go ahead, first one, you give
you my dinger.
Speaker 11 (28:05):
I don't know that's that's for the first I already
got done for this one, but early. And I'm so
happy for you, I know. So you got to have
a suggestion for Dimitri. So Chelsea what she called last week,
she went to another company and she got a diagnostic
done with the photographs.
Speaker 3 (28:26):
And the data before before. But why can't we go
to this other company.
Speaker 11 (28:32):
Have Chelsea go to this other company and get this
data and photographs and submit it to the warranty company
because they probably wouldn't mind where the data. I think
that's the issue that the warranty company does not want
to pay because they don't have this data and photographs.
Speaker 3 (28:48):
Yeah, they're not anybody. They're not going to care about
any of that though. But another company did all the
warranty company. They're simply Although we have in the past
when people when procedures weren't followed properly, we have in
the past, not necessarily auto repair companies, but we always
pose the question, what if it really was needed and
it was this, and it was that, and we can
(29:09):
show that to you, would you make a different would
you make an exception? I mean, we never really did
that with a situation like.
Speaker 4 (29:17):
This, but Tom and bo In my view, warranty these
warranty companies exist for two primary purposes. One is to
collect premiums and the second is to deny claim.
Speaker 1 (29:27):
That's right.
Speaker 4 (29:28):
So even if we could make the case that they
would have paid something for this repair, their case rests
not on that but on the bald all capital printing
that spells out the procedures that must be followed. Or
and I'm quoting directly from the contract, your claim will
be denied, and I just off.
Speaker 3 (29:47):
With the warranty company. They would have to she would
have to basically, she'd basically have to have a lawsuit
in order to get to that recording.
Speaker 7 (29:58):
They're simply not going to give that record. Boarding out period,
end of story, you know.
Speaker 3 (30:03):
So that's that. Yeah, yeah, so okay, hey, we got
two hours out of it. Now what we have here, Mark,
is this, We have the mechanic, and then we have,
in uh Mark's estimation, the warranty company. Heavenly, okay, let's
(30:26):
move on. Three O three seven one three talk seven
one three eight two five five. By the way, any
warranty companies want to advertise, you got Mark right there
willing to carry your water because you are holy well.
Speaker 7 (30:40):
First of all, I did the entire poll, and you know,
out of a basically one hundred and.
Speaker 3 (30:44):
Oh yeah, like I really care, I really care about
the morons. I really care. That really tells me to
say it would never have happened that way. We had
Jeff vic say it would have never have happened that way.
They both think it was course of what fault. Yeah,
so he should eat the entire repair. We've already established
should should But yeah, at the point he's at, that's true,
(31:07):
and that that we agree on. We absolutely agree. Cost
your money? What'd you say, dragons? But I wouldn't cost
your money. Yeah, hey, Kelly, if you could do me
a favor, and uh and and look at your text.
And I'm going to ask a pretty quick question here
on something anyway. So three o three seven one three
(31:27):
eight two five five one thing I do want to
talk about. We got to take a quick break again.
But and I'm just gonna say this, and I know
I know there'd be people that won't agree. That was
the best Academy Awards Oscar show I have ever seen,
never watched it, the best I've ever seen, the best speeches,
the best, the best awards, the best the best host
(31:48):
Conan O'Brien, and his open was I'm telling you, I
see Stephanie wanted to watch it, and I hate watching
these things. First, I don't want to be preached to.
I don't want to hear about all the problems and
how everybody is damned and is because of Republicans. Okay,
that's normally what an award show is. Not anything like it,
Nothing like it, nothing, nothing, nothing political.
Speaker 5 (32:09):
But it was wonderful. I Conan O'Brien is a talented man.
Speaker 3 (32:15):
Well obviously he didn't write everything, but you guys ought
to go back and catch some of it. See if
anybody else did. What a wonderful show. I really and
I hate those shows. We got more coming right up.
Go with a sure thing Denver's best roofer Excel roofing
dot com. You don't pay a cent until you're content.
(32:40):
Time for an insurance check up free, no obligation. In comparison,
call Compass insurance paying too much your coverage at dozens
of insurance companies find out now three 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 sixty twenty two. So we're talking
(33:04):
about the Academy Awards a little bit.
Speaker 5 (33:05):
We don't have a lot of time to do that.
Speaker 3 (33:07):
But you know the winning movie six million dollars that
took to make, and they didn't use the studio. And
now one of the reasons, I think most fifteen million dollars,
that's peanuts.
Speaker 5 (33:17):
Oh it's less than peanuts.
Speaker 3 (33:19):
In fact, I think one of the reasons is because
they didn't have a marketing budget. But my god, it's
amazing to me that. I mean, I not only didn't
I ever hear the movie, I never heard of the director,
the screenwriter, the actors anyone. Anyway, we have a lot
more to talk about on The Troubleshooter Show three three
seven one three Talks seven one three eight two five five.
(33:42):
Will continue with any all problems, questions and complaints you have.
And of course we'll never forget the all important surveys
done on the YouTube poll because we know the morons
know absolutely everything, So stay tuned for that. We are
the consumer show coming up next. Go with a sure
(34:03):
thing Denver's Best Roofer Excel roofing dot com. You don't
pay a cent until you're content. Time for an insurance
check up free, no obligation. In comparison, call Compass Insurance.
Pay 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
(34:25):
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Yeah, rit news you need so you
don't have.
Speaker 1 (34:45):
Come run ins as as we can.
Speaker 2 (34:48):
Shooter's gonna help.
Speaker 1 (34:50):
Come man, this is.
Speaker 3 (34:53):
The Troubleshooter Show. No Tom Martino, Hi Tom Martino, your
troublesh three oh three seven one three talks seven one
three eight two five five. We're here to help you
solve problems, to answer questions, to take complaints, to make
your life a little easier, as we've been doing for
forty five years or more.
Speaker 5 (35:11):
And you know what, we love what we do.
Speaker 3 (35:13):
We even love it when we get problems we can't solve,
but there are lessons to be learned. Then there are
problems we can solve. And uh, there's all kinds of
in betweens. Uh, let's do this follow up right here,
and our number to call any time, by the way,
twenty four to seven. You can use three oh three Martino,
three oh three six two seven eight four six six.
(35:36):
But when we're in the studio, you can also call
the iHeart line, which is three oh three seven one
three talks seven one three eight two five five, and
of course on the iHeart app if you're listening, no
matter when, remember the three oh three Martino and uh,
we welcome our friends also in Colorado Springs around this
hour brought to you by Compass Insurance. By the way,
get your insurance check up three oh three nine nine six,
(35:58):
nine thousand. Just please make sure you're not under insured,
make sure you're not paying too much for insurance, and
they'll do an honest review three or three nine ninety six,
nine thousand. So Joe wants to talk about an issue
with a contractor working with BO. So Joe, when did
you call in, sir, I'm trying to find your call.
Speaker 6 (36:17):
I'm trying to find it. I'm looking at my history.
Speaker 3 (36:20):
We called in on November eighteenth and the eleven am hour.
Speaker 5 (36:24):
Oh, oh my goodness.
Speaker 3 (36:26):
November November Wow, that's ancient history.
Speaker 1 (36:32):
Joe.
Speaker 3 (36:32):
What happened November fifth? Thank you, by the way, bo
for keeping such good records.
Speaker 5 (36:36):
What's going on, Joe?
Speaker 6 (36:39):
Back back in late September of last year, an old
friend of mine posted up on Facebook that, Hey, this
company I'm working with we're getting into plumbing. I need
some help with the boiler package. Can anybody out there
help me? Well, I still have an open account at
one of the supply houses, and I've known a guy
fifteen or so years. I thought he was a good friend.
(37:01):
He's promising to pay cash. I said, absolutely, let me
just get it set up for you to be able
to do it. So he goes and charges fifty four
hundred bucks worth of materials and no problem. He gets
his installation. He does.
Speaker 3 (37:14):
I think I remember hearings. Did I take this call
or did Mark take it?
Speaker 6 (37:20):
I come, I think you might have.
Speaker 3 (37:23):
You came home about mechanics. I can't find it for
some reason, but it's not a big deal. I can't
find it, but keep going. What happened then?
Speaker 6 (37:31):
Well, anyway, the bill comes in the first of the
month and I'm like, okay, Tim, Hey buddy, I need
to get paid. What do I need to do here,
and he said, yeah, send me the invoices. I send
him the invoices and then he think, oh, well, hey,
I have to go through the money guy, my partner,
so you need to send it to him. So I
sent it to him, and they promised to send me checks,
(37:52):
and I mean I sent them both the invoice and
everything else. And as we got closer to the twenty
fifth of the month, I wanted up have to pay
the home build up my pocket because I can't afford
to lose my account. You know. Wow, I paid the
vendor the whole thing, and we're this whole time. I
(38:14):
don't know exactly where my buddy lives. I know he
lived in Parker, you know, he's moved back from Arizona
up to Hear. Anyway, I start doing some research on
the company and I find our office and he finally
finally tells me, Hey, the check's ready to pick up
and it's going to be in this truck. And I'm like, well,
(38:35):
send me a picture of your truck, dude, I don't
want people thinking of breaking into trucks. Is when I
get there, I finally get a check for three grand
out of the fifty four hundred and it says partial payment,
and it's on a temporary check, you know, like the
first check you get from a bank when you'll be
a council. There's nothing more. Yeah, I got it number
on there. Well got it. My bank looked at that
(38:58):
and said, now we're not going to touch it. I said, well,
what do I do? They said, take it to his bank.
They converted to Cheshire check, bring it back here. We're good,
good to go. I said, okay, So I went to
his bank. They said, mister Kulan, we can't do this it.
There's not enough money in account to cover this check anyway.
Speaker 3 (39:19):
Bottom line, where are we going with this?
Speaker 9 (39:21):
Bro?
Speaker 3 (39:21):
I mean, so you got screwed by a buddy bottom.
Speaker 6 (39:25):
I've been ripped off by buddy and by his company.
And I filed a lean against the home. But in
order to foreclose the lian, it's going to cost me
ten twelve grand, which I can't get back.
Speaker 3 (39:38):
No, no, no, that is that is that is absolutely
not so, sir. And I found your call. So okay,
you got a judgment for how much? How much do
you have the judgment?
Speaker 6 (39:49):
Have no judgment, Tom. What I have is I still
have about twenty four hundred dollars outstanding in order for me.
Since I loaned the material basically through my LLC, I
can't represent myself in court and I can follow the
lean which I did.
Speaker 3 (40:09):
You absolutely, you absolutely can represent your LLC. I don't
have any idea what you're talking about. Is it a
single person LLC?
Speaker 6 (40:18):
All right, my company is a single person LLC.
Speaker 3 (40:22):
Yeah, then it's a disregarded entity for purposes of legal procedures.
You can go to court and and it has nothing
to do with it. You can go to court and
you can sue. Okay, you can sue for your money.
But here's what I want to know. How did you
get the rest of the money? Was it just because
he just accidentally did the right thing?
Speaker 1 (40:42):
No?
Speaker 3 (40:42):
I can answer that one, Tom. We just kept uh.
Speaker 11 (40:46):
I talked to my bank and he made my bank
president made a call to his bank, and he gave
us some ideas on how he could just keep slamming
the check into the bank.
Speaker 3 (40:56):
And he did get some money. So I do want
to know the guy only got how much? How much
did you finally get half of it? Right?
Speaker 11 (41:03):
I have three thousand, got it of fifty, So I'd
like to speed this up a little bit, Joe, you know,
so the crux of the man. We've been working on
this since November. Joe properly filed the mechanics lane. He
got some advice from Brad O'Brien and he wants to
for a clothes on the lean and he wants to
(41:26):
file a less pendance. So our question is can he
legally file? Can he file the less pendance without a lawyer?
Speaker 3 (41:35):
And Will Well, you can do anything without a lawyer.
It's not a requirement you have a lawyer, but it's
very difficult to do.
Speaker 14 (41:42):
Okay.
Speaker 11 (41:42):
Now, the next question is can Joe recover the cost
because he got quotes of like ten thousand dollars to
go to court the fun Kales mechanics.
Speaker 5 (41:52):
Let's talk about this.
Speaker 3 (41:53):
He has a twenty five hundred dollars balance for the
and he put a lien on for the balance. Is
that right? Okay? That you're very very good so far.
So you got a lean for twenty five hundred. Is
that home meant to be sold or is it his
personal residence or is it a client?
Speaker 14 (42:11):
It's a client.
Speaker 3 (42:12):
It's a multi million dollar home in Castle Pines of
a lab And why isn't this owner of the house
making noise to get it paid? Why wouldn't this owner care?
So you can answer that one, Joe.
Speaker 6 (42:24):
Well, she's saying, I've already paid for all of.
Speaker 5 (42:28):
This, and now she can get out of it.
Speaker 3 (42:31):
You know, you understand that if you go through all
this trouble to foreclothes on this Lian, she can get
out of it. She's got an affirmative defense, big time. Yeah,
and tell her what telling Mark what he has to
sho you at the homeowner. He's paid.
Speaker 7 (42:48):
It hits her primary residence in Colorado, and she can
show that she paid the contractor the g the GC
in full, that Lian will drop or you'll lose your
court case. It's an affirmative defense, meaning that's her whole defense.
Speaker 3 (43:05):
Does it matter, so, Joe, if she really did pay
just one second, Joe, one second, If she really did
pay the general or the plumber in full, or the
plumbing supplier or anyone, that's all she has to do
and she can get out of this lean and your
lean will be dismissed.
Speaker 6 (43:25):
Okay, Now, does it matter if her primary residence is
owned by a business.
Speaker 3 (43:32):
No, you're you're nitpicking there. I don't believe so.
Speaker 13 (43:35):
Now I'm just asking it's owned by a business.
Speaker 3 (43:38):
But let me ask you this. Do you not believe her?
But Joe, do you not believe her?
Speaker 5 (43:42):
Do you think she's trying to screw you to No?
Speaker 6 (43:45):
I absolutely believe her. But she is ticked off me
because I come to find out that the guy is
not a license general contractor, he's not a licensed mechanical contractor.
He's not a licensed plumber. Hell, he even lied about
his journeyman plumbing's license.
Speaker 3 (44:00):
So I called, so, what does this have to do
with the homeowner?
Speaker 6 (44:05):
Pardon?
Speaker 5 (44:08):
What does this have to do?
Speaker 3 (44:09):
You shouldn't be crossways with this homeowner. She's a victim too.
Speaker 6 (44:13):
She's angry at me because I followed the lean against
her home when she's already paid for everything. She's like,
my problem is with aterneral contract or, not with her.
Speaker 5 (44:21):
Well, she can get that.
Speaker 3 (44:23):
Look as soon as she goes to an attorney, any
attorney worth their weight is going to know how to
get out of this lean. The lien is going to
be You're going to just end up letting it drop off.
Speaker 7 (44:32):
You realize you got to take her to court and
actually get a judgment that's part of getting the lean.
Speaker 3 (44:37):
Yeah, that's part of you got Well, you have to start.
You don't necessarily have to get a judgment, but you
have to start for closure within how no, no'st He
absolutely has to take her to court and win whatever
he's leaning her house for. That's part of perfecting the lean.
Speaker 7 (44:54):
Then he can go forward with foreclosure or trying to
collect or doing what.
Speaker 3 (45:01):
Okay, I thought it was done in one fell swoop,
but it doesn't matter. Whatever it is you have to
do within four months. Did you do it?
Speaker 11 (45:07):
He did it all within time? And Tom, I think
Joe has a right to put a mechanics lean on
the property, whether it's her property or rental, because that's
what the mechanics lean is all about, is to protect
the contract.
Speaker 3 (45:19):
Bo Bo, did you bo help me here? Did you
hear anyone say he does not have a right to
put a lien on there?
Speaker 11 (45:26):
I think he does because she did pay Bo.
Speaker 3 (45:29):
Did you hear anyone say he does not have a
right to put a lien on the home? Now?
Speaker 11 (45:37):
I thought you guys are saying that he didn't and
it could be dropped.
Speaker 3 (45:41):
The lean could be No, here's what we said. You
can put a lean on a ham sandwich if you want.
What we were saying is, according to the laws of Colorado,
he has a she has an affirmative defense that can
get it dismissed tomorrow, whether you like it or not.
(46:02):
That's the way it is, unl unless the home is
not his prime If the home is not her primary residence,
then that's different. But if it's her primary residence, then
she can get it dismissed pretty much he needs.
Speaker 7 (46:19):
The property must be an existing single family dwelling unit
that the owner occupies as their primary residence, and the
owner must have paid the full contract amount.
Speaker 11 (46:33):
I believe to be on the shadow of a doubt
that she did, so the lane's basically worthless.
Speaker 14 (46:39):
What you guys are saying, since it's her primary residences.
Speaker 7 (46:41):
If she's stupid and doesn't hire an attorney that would
use that reformative defense.
Speaker 3 (46:49):
But there is another way around this, Joe, why don't
you just get the twenty five hundred reduced to a
judgment in small claims court?
Speaker 6 (46:59):
Well, I've I've had issues with small claim court collections.
Speaker 3 (47:07):
Well, hold on, hold on.
Speaker 1 (47:08):
Hold on.
Speaker 3 (47:09):
You said two different Joe, you said two different things.
You had issues with small claims court and collections. Which
one did you have the issue with?
Speaker 6 (47:17):
Well, I got my judgment on a different case totally
in small goods good and then was never able to
collect a debt.
Speaker 3 (47:27):
Now why was that?
Speaker 6 (47:29):
Tell me?
Speaker 3 (47:29):
I want to know why why were you able to
collect ton?
Speaker 6 (47:33):
Because the sorry soob lied and he refused to pay
the money and the court doesn't give you any real
way to force them to pay the money.
Speaker 3 (47:44):
So it only we're right, Joe. But Joe, kind of right,
You're kind of right. They can hide and squirm and
it's a pain in the ass. But what you don't understand,
or maybe you do, maybe you do. You can take
the twenty five judgment you get here, and when you
go after the guy, you can hire a legit collection
(48:06):
attorney who can add the cost of their collection on
top of it. That may be the way to go, Joe.
Is this hiring a too?
Speaker 6 (48:14):
I have to do to do the collection?
Speaker 3 (48:17):
And if you get a real now now, I will
tell you, Joe, there might be some that will be
hesitant to take a small judgment like this, but if
they can add to it the cost of collections and
you get a normal default, I'm missing something. I want
to ask him again, do you have a judgment?
Speaker 9 (48:37):
No?
Speaker 5 (48:38):
Well, no he doesn't.
Speaker 3 (48:40):
Well then, I mean he's got to perfect that lean.
Do you not understand you?
Speaker 6 (48:44):
Mark?
Speaker 3 (48:44):
Take Mark, we're not talking about the lean now, Mark,
We're not talking about the lean any longer, because he
can go through all that trouble for the lean and
she can get it dismissed. That's when we were talking
about just the twenty just the twenty five hundred. She
owes that this guy owes directly the contor get a
judgment for that twenty five hundred, and then he can
get somebody to collect it. I mean it's gonna cost
(49:08):
you fifty bucks to do it, Joe, get a judgment. Yeah,
I'm Tom Martino. We have more coming up. Go with
a sure thing Denver's Best Roofer Excel Roofing dot com.
You don't pay a cent until you're content. Time for
(49:32):
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. Hi'm Tom Martino here. Pamela's
(50:00):
turned an issue with a car accident. Pamela, what's going on?
Speaker 15 (50:08):
My sister got into an accident early February and.
Speaker 16 (50:15):
It wasn't her fault, so she believes. And she was
in a roundabout and the car veered over and hit her.
Speaker 13 (50:25):
And yeah, at the sight of the accident, she was.
Speaker 17 (50:31):
Under the impression that the police were like the other
driver got a ticket. He was driving with a permit,
only he was distracted. He had gotten a ticket, that
it was under the assumption that it was his fault.
Speaker 18 (50:50):
Come to find out, now.
Speaker 3 (50:51):
Are you sure? Hold on? Is she sure you got
a ticket?
Speaker 19 (50:55):
Yes?
Speaker 3 (50:58):
Okay, So what happened? Did the other driver? Did the
other driver swerve in tr lane?
Speaker 6 (51:05):
Yeah?
Speaker 3 (51:07):
So he was okay, so keep going.
Speaker 5 (51:08):
What happened then?
Speaker 3 (51:10):
So?
Speaker 16 (51:11):
Uh, she got a call like twenty four hours later. Coincidentally,
both of them have the exact same insurance progressive, and
that adjuster said, you need to sign off on this, Cindy.
It's your it's your fault, and we'll just you know,
and you're going to probably have to come up with
(51:32):
a difference.
Speaker 13 (51:33):
And my sister said, wait a minute.
Speaker 15 (51:34):
It's not my fault.
Speaker 16 (51:36):
It was clear there.
Speaker 13 (51:38):
I don't understand, and please do not pay that out.
And they were waiting for the accident report.
Speaker 9 (51:47):
And so she was.
Speaker 17 (51:48):
That went on for weeks and then finally got the
accident report, which doesn't say anything.
Speaker 16 (51:56):
That it wasn't her fault or that it was his
fault or and and she's.
Speaker 12 (52:04):
That you got a ticket or anything.
Speaker 3 (52:06):
And so we're kind of okay, the ticket, let me explain, Pamela,
let me explain something, so we don't have to go
further on that ticket. Sure, the tickets do not usually
are there. They're not the deciding factor on liability for
the accident, just so you know, but the accident report
can be. But you're saying the accident report does not
(52:26):
show or does not really name an at fault party. Correct.
Speaker 17 (52:34):
It doesn't say that he didn't use a turn signal.
Speaker 16 (52:37):
It doesn't say that he was distracted, right, it doesn't
say it doesn't do any of that.
Speaker 3 (52:44):
And so okay, so where do we stand right now?
How does this affect her? Where do we stand right now.
Speaker 16 (52:51):
How it affects her is that it went from her
leaving the scene thinking that it was his fault and
that his company he was going to pay for it,
to all of a sudden it being her fault and
she's going to have to come up with a difference
of five thousand dollars, so to speak.
Speaker 4 (53:09):
That's what the.
Speaker 9 (53:09):
Adjust o case said.
Speaker 3 (53:10):
This is the part. This is the part. I don't
understand the difference. What are you talking? Maybe she doesn't
have full coverage or comprehensive I have, I have COMPREHENSI well,
comprehensive wouldn't have anything to do with it. Hold on, Pamela,
this is a collision claim. What I need to know
is is this person claiming personal injury?
Speaker 9 (53:35):
No?
Speaker 20 (53:37):
Okay, then what supposedly it's she's got twenty five thousand
dollars and the thirty thousand dollars car, and so the
adjuster was saying that she's probably going to have to
come up with the other five thousand.
Speaker 5 (53:50):
Okay, hold on a second.
Speaker 3 (53:53):
Let me let me explain this to you. She has
state minimums probably twenty five point fifty. So what you're
saying is, and I want to get John Fuller On.
So what you're saying is she'll have to come up
with it. Well, that's not true ninety nine point nine
percent of the time, Pamela, because what happens is for
them to get the insurance settlement, they have to they
(54:16):
have to waive her. They have to give her a waiver.
They have to give her a release, or her insurance
company won't pay for it. So I don't have any idea.
They're not supposed to come to her and ask for
the balance unless they don't take the insurance. And if
they don't take the insurance, then they would go after
her for the whole thirty thousand. But that's going to happen.
(54:39):
I don't who is telling her. Who is telling her
she has to pay? You know what, they both have Progressive.
So what's happening is Progressive is pissed. And here's why.
Here's why Progressive has to pay the twenty five that
you owe to the guy, and then they're gonna pay
(55:00):
five grand of this guy's out of pocket, probably from
his coverage, which will put them out a total of
thirty grand. They would rather only be out a total
of twenty five grand. So they're trying to hoodwink you
into paying the five grand out of pocket. So your insurance.
Speaker 5 (55:21):
Agent is a scumbag. Okay, that is highly unethical.
Speaker 3 (55:29):
Hang on, I want to talk to actually Compass insurance
group coming up, and we can also talk to John Fuller.
This is really important.
Speaker 5 (55:38):
We don't talk about it enough.
Speaker 3 (55:40):
But when you both have the same insurance company, that
insurance company fights for their own rights and what will
ding them the least, And that's what they're trying to
do here. They're trying to trick you into saying, well, Pamela,
you're gonna have to pay the difference because they don't
want to give this guy, give you a complete release
(56:02):
if this guy gets the twenty five, because then he's
gonna go to his own coverage for the extra five
and they don't want to be out the whole thirty.
I think you understand what I'm saying. We have more
coming up on The Troubleshooter Show. Three oh three seven
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Speaker 5 (56:23):
Put him to the test.
Speaker 3 (56:25):
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don't pay a cent until you're content. Time for an
(56:46):
insurance check up free, no obligation. In comparison, call Compass
Insurance paying too much your coverage at dozens of insurance
companies find out now three oh three, seven 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 all three
nine two zero sixteen twenty two. Hi Tom Martine, your
(57:10):
trouble share three all three seven one three talks seven
one three eight two five five. I want to ask
John Fuller his opinion on this. He's a personal injury attorney,
but he deals with insurance all the time. John, I'm
gonna lay this out to you. So this woman is
in and let's call her Mary. It's Panela's sister. So
Mary's in an accident in a roundabout. The guy she's
(57:32):
in an accident with, she says, swerved whatever there were.
The accident report shows no fault, It just shows what happened.
And they both have progressive insurance. So this guy's car
apparently either has twenty five or thirty thousand in damage
or is worth thirty thousand. Her Progressive agent called her
(57:54):
and said, since you both have Progressive and your limit,
your policy limit is only twenty five grand, you're gonna
have to pay the other five thousand out of pocket
to make him whole. And I said, that's weird because
normally what Progressive would do is negotiate a settlement, get
(58:17):
her a waiver or whatever you call it, and they
would get her a release and make a full policy
settlement because they have to act as a fidentiary for
their insured. But because both of them are insured, this
is what I suspect. I might be right wrong, John,
I suspect because they're both insured by Progressive, this agent
(58:41):
is thinking, I'm going to save the company five grand,
because if she only pays twenty five grand, this guy
is going to go against his own policy for the
extra five or six or whatever, and we're going to
be out as a company thirty grand, where if she
pays five, we're only going to be out twenty five.
I looking, am I is that too paranoid? Or is
(59:04):
that possible?
Speaker 1 (59:05):
Tom?
Speaker 10 (59:06):
There's only one insurance company that I see routinely put
their interests so blatantly ahead of their insured and it's progressive. Okay,
I've seen him do this multiple times over, especially in
the medpay context, and especially when you've got you know,
progressive insurance getting into accidents with other progressive insurance. You're
(59:28):
absolutely right, they're certainly putting their interests ahead of their insured.
If I were this caller, I would simply say, no,
protect me. Your job is to get this thing done
within the limits of my insurance and to make this
go away. If this guy has, you know, has damages
that are greater than that, if he's not insured himself,
(59:50):
you know, he's got an option. He cannot accept my
policy limits and choose to come after me directly, or
he can file it on his own insurance and with
the policy that he also paid you for. But under
no circumstances should the progressive you know claims person or
agent or whoever it is that they're dealing with be
(01:00:10):
advocating against their own insured and suggesting that she come
to the table with money just to protect their own
insurance company from having to pay out those same damages.
Speaker 3 (01:00:23):
So I was right on Pamela. John Fuller is way
more experienced. And Pamela, did you hear what he just said? Yes? Yes,
Now you know what to tell your sister. She says, Listen,
you have a fiduciary responsibility to settle this on my behalf.
I'm and if you settle for policy limits, you better
damn well get me a release. And if you don't,
(01:00:47):
then let this guy come after me personally.
Speaker 20 (01:00:51):
Okay, Can I ask another quick question, Tom, Yes, you
can to John Fuller directly.
Speaker 3 (01:00:58):
Why let's do that? Go ahead?
Speaker 16 (01:01:00):
I just as we stated this, this kid was he merged.
He didn't, you know, signal he was at.
Speaker 21 (01:01:09):
Fault, according to my sister, And the takeaway when she
left was that it was going to be written up
as So what can she Pamela?
Speaker 3 (01:01:20):
I mean, is there, Pamela, I know what you're going
to say. What can she say? You know what to
try to argue fault at this point truly is feudal.
What difference does it make she's covered? Okay, you know
I know you're thinking, Wait a minute, she wouldn't have
to worry about this five grand at all. If it's
his fault.
Speaker 13 (01:01:38):
He'd have to pay all his own Look, I guess
what's happened to no fault?
Speaker 3 (01:01:43):
John? What do you have to say?
Speaker 5 (01:01:44):
Go ahead, John, So great question.
Speaker 10 (01:01:47):
No fault has absolutely nothing to do with property damage.
That's a twenty year old you know, insurance regulation that
was completely to do with who and which company was
responsible for pay medical bills, has nothing to do with
where we are today. But under today's rules, here's what
I can tell you. Your sister absolutely has the right
(01:02:10):
to go and file a lawsuit against this kid and
pursue her own property damage directly against them in small
claims or county court, depending on the dollar amount, and
not accept the determination of fault. However, what I can
tell you is the CoP's determination of faul isn't really
binding on anybody. There's no true box that they check.
(01:02:31):
And this is why I always advocate dash cans, because
so frequently these days we get into he said, she
said accidents, and the reality is unless the cop witness
the accident, they can't make a determination of who's more
credible and who's at fault. They just take all the
statements and all the witnesses and they kind of boil
(01:02:51):
it all out, and whatever comes out of the mix
is what they do, but it's not binding on anybody.
So either accept the determination of the insurance company, which
they have a right to make, or don't accept it
and go and file a lawsuit on your own behalf
against the atpahul driver and let a judge.
Speaker 3 (01:03:09):
Or what about this, John?
Speaker 10 (01:03:10):
Final?
Speaker 3 (01:03:11):
What about this?
Speaker 14 (01:03:11):
John?
Speaker 3 (01:03:12):
What about this? What if she says, okay, you know,
pay out my policy limit and get me a release,
and after that, can she go after the guy for
damage to her car directly?
Speaker 6 (01:03:30):
Yeah?
Speaker 10 (01:03:31):
I mean technically that release that.
Speaker 13 (01:03:35):
I mean, yeah, the release that her insurance.
Speaker 10 (01:03:38):
Company gets for paying that guy's damages. You know, it
won't be a very good fact if you go to
court and the guy says, look, your honor, her own
insurance company decided that she was at fault and paid
my damages, and now she's wanting to come in here
and advocate that I'm somehow responsible for her car. It
won't be a good fact for you. But but that
(01:04:00):
release that has to do with that other guy's vehicle
is not at all binding on you for your vehicle,
So I mean, technically you could.
Speaker 8 (01:04:10):
Yeah, it would be a great day for it.
Speaker 3 (01:04:12):
But okay, John, I really appreciate your information, though John Fuller,
as I said, you can always call him for information.
Three zho three five nine seven forty five hundred five
nine seven four five zero zero.
Speaker 5 (01:04:27):
Do you have any other questions from Pam?
Speaker 9 (01:04:30):
Oh? That that's it.
Speaker 18 (01:04:31):
I appreciate it.
Speaker 10 (01:04:32):
Thank you all right.
Speaker 3 (01:04:34):
I think you got really good information and you probably
saved your sister five grand. We have more coming right up.
Go with a sure thing Denvers best Roofer, Excel Roofing
dot com. You don't pay a cent until you're content.
(01:04:56):
Time for an insurance check up free, no obligation. In comparison,
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of insurance companies find out now three oh three seven
seven one help. You'll think you're his only customer when
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(01:05:20):
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Speaker 5 (01:05:29):
They're doing them.
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Talk to our friend John over at CMG. They're really
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A two sixty six seven nine partner in lending dot com.
All right, so let me see who is going Marcus.
Tell me about a possible scam you think might be
going on. What's going on?
Speaker 19 (01:05:51):
Yeah, Tom, I've been listening to.
Speaker 9 (01:05:54):
You first time callers since nineteen eighty seven. I used
to watch you on TV.
Speaker 3 (01:06:00):
Holy crap. Thank you so much, really, I appreciate it.
Speaker 19 (01:06:06):
Yeah, and it's good to talk to you.
Speaker 9 (01:06:09):
And uh, being a senior of these days, I mean
the old Italians, you hang out, work hard, and.
Speaker 19 (01:06:17):
But these days on.
Speaker 9 (01:06:25):
Social Security insurance benefits.
Speaker 19 (01:06:29):
And yeah, the problem is that they keep calling, and
you can get on the cec F list do not call,
You do a lot of things.
Speaker 10 (01:06:39):
They call morning, day.
Speaker 3 (01:06:41):
And night, and you can use it. Well you know
what I actually actually I'm not. I often wondered about
that do not call this? Who the hell enforces it? Nobody?
Speaker 9 (01:06:54):
And you could block those calls, and they keep coming across,
so I started using.
Speaker 5 (01:06:59):
A well, different numbers come across.
Speaker 3 (01:07:02):
So what's on right now? Though specifically right now? Which
one are you calling about?
Speaker 9 (01:07:10):
There's two in Colorado that keep doing this and one
of them is Mercury Leads Incorporated during sixteen seventeenth Street, Denver, Colorado, eight.
Speaker 18 (01:07:26):
Zero two zero two.
Speaker 3 (01:07:28):
Anyway, tell me about what what are you what has
you upset about this particular call?
Speaker 6 (01:07:35):
No, it's not just them, and there's one out of
voter to envoy good.
Speaker 3 (01:07:42):
So are you basically calling to bitch about the unsolicited calls?
Speaker 6 (01:07:46):
Right?
Speaker 19 (01:07:48):
Yeah?
Speaker 9 (01:07:48):
And you can block them, you can do everything, but
you cannot stop it. And they're using phony phone numbers.
Speaker 3 (01:07:54):
Tom, Well, yeah, that's why you can't block them, because
they they heap, they get what did they call it? Rotating?
Speaker 6 (01:08:01):
Right?
Speaker 3 (01:08:01):
They keep rotating those Dmitri. You have a campaign against them,
don't you go them on secretly? Well?
Speaker 4 (01:08:09):
You know, I just kind of dove into it about
a year ago because I was sick of the spammers,
the living text messages and calls to me. And it
turns out that's totally against the law, and the law
does provide for significant penalties.
Speaker 3 (01:08:22):
That we have collected. Get on any of them?
Speaker 4 (01:08:24):
No, I have four active cases right now, and none
of the four have they haven't come to trial and
they haven't settled yet.
Speaker 5 (01:08:32):
How much are you asking for in each one?
Speaker 3 (01:08:34):
Fifteen hundred per junk text message. So what if you
don't have a text but you have a call like
this same thing? Say, how do you prove the call? Well,
they're right there on on my voicemail.
Speaker 4 (01:08:46):
So I created a recording that I submit as my
evidence of the court and a screen shot.
Speaker 3 (01:08:54):
And so it's really it seems to be, Hey, Marcus,
have you ever thought of suing them?
Speaker 1 (01:09:02):
Yeah?
Speaker 9 (01:09:02):
And then it's on boy LC out of a voter
Colorado and it's Mercury Leads Incorporated out of Denver.
Speaker 6 (01:09:11):
But it's hard.
Speaker 3 (01:09:12):
Yeah, I mean, it's nothing new, there's all kinds of
But why don't you get the information on them? And
maybe Deputy D if you want to call us back,
will help you with the logistics of going through with it.
Go with a sure thing Denver's best roofer Excel roofing
dot com. You don't pay a cent until you're content.
(01:09:33):
Time for an insurance check up, free no obligation comparison
call Compass Insurance, pay 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.
Speaker 1 (01:10:01):
News need advice so you don't have come run in
Just as status as we can.
Speaker 2 (01:10:10):
Shooter's gonna help come.
Speaker 3 (01:10:13):
This is the Troubleshooter Show. No Tom Martino. Hey, I'm
Tom Martino, and I thank you for being here for
the show. And we love talking about everyday life, the
things that make you tick and the things that tick
(01:10:34):
you off. So we're gonna go to the phones and
hope we can make a difference in your life. Right now,
let's see whose turn it is. It's uh, it's we're
gonna talk about the HVAC issue here with Phil. Hi, Phil,
what's happening? Good?
Speaker 9 (01:10:55):
Uh?
Speaker 18 (01:10:55):
Afternoon, Tom?
Speaker 3 (01:10:59):
What's going on?
Speaker 9 (01:11:01):
Can you hear me?
Speaker 18 (01:11:01):
Okay? I had to step outside from the office for
a connection.
Speaker 5 (01:11:05):
Yeah, I can hear you.
Speaker 3 (01:11:06):
I can hear you.
Speaker 18 (01:11:06):
Fine, okay, all right. So I'm in Colorado Springs and
one morning woke up and it was cold. My furnace
wasn't working. So I called this company called Affordable Plumbing
and Heating, and so they came out and looked at
(01:11:29):
my furnace and turned out there was a micro process
around the searcher board on the motherboard that was burnt out,
so long story short, replaced it and they charged me
four hundred dollars labor, which they still haven't recognized to
itemize on their receipt. But anyway, I have some stuff
(01:11:52):
about ethical HVAC companies playing the price gouging on people
when they're in need of heat, and I'm sure that's
never happened to you before, right Tom.
Speaker 3 (01:12:04):
Ptill. We get calls all the time. We get calls
all the time about pricing and when people have no heat.
And one thing you mentioned though that I just want
to dispel. People think now they can be if they
insist on it. But people think they're entitled to some
kind of detailed bill, and they're not. All they're entitled
to is a price, and then you agree to the price,
(01:12:27):
and it doesn't matter what they pay for the part
or what they pay for the labor. If they pay
nothing for the part and charge you one hundred dollars,
I don't care. If they pay one hundred dollars for
the part, pay and charge you ten dollars, I don't care.
The only thing I care about is that people aren't blindsided,
that they don't have a company come in and quote
one price and charge another. I'm also concerned that people
(01:12:50):
don't come in and lie to you. Now, what is
price gouging. There's no such thing. There are prices that
are too high and prices that are too low. What
I mean by too low is a company can never
sustain itself and they're going to go out of business.
Companies that charge too much that they're way out of
(01:13:12):
line and they're a pain in the ass, and I
don't think they're going to stay around either. But as
far as gouging, I imagine you could have gouging. We've
had it in the past where somebody would charge. We
had one time an older woman charged nine thousand dollars
to install a toilet. I thought that was outrageous. But
as far as what you're talking about, you had a
(01:13:34):
circuit board put in, Is that right, Phil?
Speaker 18 (01:13:38):
Correct?
Speaker 3 (01:13:40):
And what was the total price? What was the total price?
Let me grab the invoice real quick, and which and
which circuit board was it?
Speaker 18 (01:13:54):
It was the main the main board, the motherboard, okay?
Speaker 5 (01:13:57):
And was it the main board on your furnace or
on an auxiliary unit.
Speaker 18 (01:14:02):
I don't know. On the furnace, it was inside the furnace, okay.
Speaker 3 (01:14:06):
And what kind of furnace.
Speaker 18 (01:14:12):
The brand? Yes, yeah, I'm not sure if it was.
I don't have that in front of me either Lennox
or okay, okay.
Speaker 3 (01:14:22):
So they replaced the main circuit board. And how long
did it take him about?
Speaker 18 (01:14:29):
It took him less than an hour, because I mean
I helped him troubleshoot it because I'm not stupid. I
used to be a realtor. I've talked to you with
many h back people and so you know, it was
just my fan wasn't coming on, and my combustion was working,
the ignited were coming on, everything was flying my so
it was just the motor wasn't coming on. So it
was that process of that that sense went to come on,
(01:14:50):
but it wouldn't turn the fan on.
Speaker 3 (01:14:53):
And tell me why you had to help, Tell me
why you had to help?
Speaker 18 (01:14:58):
I don't help?
Speaker 3 (01:14:59):
Or or are you one of these guys that supervise everything?
You got somebody come over and you're the expert. There
are homeowners like that. Are you that kind of person?
Speaker 18 (01:15:11):
Well, I'm not the expert, but I want to make
sure that I'm I'm getting charged for what I'm actually
being done. I don't want to be told that something's
wrong and something isn't wrong.
Speaker 3 (01:15:22):
Okay, So how much were you charged? How much were
your charge?
Speaker 18 (01:15:29):
Charged? It six d and fifty eight dollars and thirty cents, okay.
Wanted to charge me more, but I asked him to
give a military discount or anither kind of discount. So
he was kind enough, I guess, to give me ten
percent off of his overly high price in the first place.
Speaker 1 (01:15:47):
So what so what was that?
Speaker 3 (01:15:49):
You know? I love your little comments about overly high price.
I know companies that would have charged fourteen hundred for this,
so just so you know, and I know companies that
are legit that would have charge fourteen hundred, and I
know companies that would have charged five hundred. Okay, But
the point is this, you could have said no, did
you ask for an estimate? Yeah?
Speaker 18 (01:16:12):
He told me what was going to cost?
Speaker 5 (01:16:14):
What did he say it was going to cost.
Speaker 18 (01:16:19):
Over seven hundred, like seven hundred and forty dollars? And
I thought that was because well, first of all, first
of all, driving driving time to get the part was
like forty five minutes to an hour. All right, so
I'm getting two hundred dollars.
Speaker 3 (01:16:32):
I'm just asking you. They gave you, they gave you
an estimate of seven hundred dollars, right.
Speaker 5 (01:16:40):
Right, And then what did it end up costing?
Speaker 18 (01:16:46):
Why, he ended up giving me a discount. So it
ended up costing six fifty eight.
Speaker 3 (01:16:52):
Okay, six fifty eight. So what are you calling about today?
What would you like us to do?
Speaker 6 (01:16:59):
I'm just calling it.
Speaker 18 (01:17:00):
Ask I guess there's no regulation as far as what
HVAC companies can charge you during normal duty hours. I mean,
this wasn't like after hours and emergency and they had
to get out of bed and come like a firefighter
and sing.
Speaker 3 (01:17:11):
You know, there's no regulation. There's no regulation fill on
any company that can charge anything unless it's a public
utility company or a granted franchise where people don't have
a choice.
Speaker 7 (01:17:28):
Then coming after a natural disaster disaster, well that's those
are special price hold on not to muddy the waters.
Speaker 3 (01:17:37):
Fill, but that's for special like plywood and stuff like
like a lot of companies after a disaster will go
out and just rake people over the coals, and there
are special price gouging laws for those specific things, but
for what you're talking about. The quick answer is there
are no regulations. Thank god, fail did that six hundred.
Speaker 14 (01:18:02):
Phil.
Speaker 3 (01:18:03):
I think you might find some regulations in Moscow still
and maybe in Beijing, I think, but you're not going
to find any in the USA.
Speaker 11 (01:18:14):
Phil, this is bo Did six hundred and fifty eight
dollars price include the service text time to go get
the part?
Speaker 18 (01:18:24):
Yes? Yeah, yeah, the part was and fifty bucks.
Speaker 3 (01:18:28):
You know, Phil, that's reasonable. I probably would have.
Speaker 5 (01:18:33):
I was gonna ask you both that.
Speaker 3 (01:18:34):
I don't know. This was more It was more than reasonable.
Speaker 11 (01:18:38):
Yeah, I mean because the labor rate to the company
is the same whether they're working on your furnace or
have to drive in traffic to go pick up the part,
they still have to pay the laborry. If you got
a motherboard on like an eighty percent furnace, which you
probably have, Phil, that's a very reasonable, below average price
(01:18:58):
for what you got.
Speaker 3 (01:18:59):
Yeah, and I know you're upset, Phil, I understand this,
But do you really want do you really want a
country where we have price controls?
Speaker 18 (01:19:09):
So two hundred dollars an hour is not too high.
Speaker 7 (01:19:14):
Most mechanics charge more than that. You go to a
dealership and have an alternator put in. They'll they'll book
it out at two hundred and fifty plus hours.
Speaker 3 (01:19:22):
That's a trick. That's a trick question. That's really a
trick question. He had a no here situation. They found
a part, located it, installed it and the main circuit board,
and they were efficient about it. It took them, he said,
less than an hour. I doubt it, but he said
less than an hour, and they charged himself six hundred
(01:19:42):
and fifty eight whatever. So the question is is that
labor charge reasonable? I don't know. There is no such
thing as reasonable. I'd say if he agreed to it,
which he did, it is reasonable. I guess. I guess.
I don't understand. And Phil, I love that you're a
longtime listener. I give you a hard but I'm asking,
(01:20:02):
what were you thinking. We were gonna say, oh my god,
you were totally ripped off. Let's call that company and
get some money back.
Speaker 18 (01:20:11):
No, well, the story is a little bit deeper than that,
do too, Okay, No, I just want okay, let's.
Speaker 3 (01:20:17):
Hear the real story. That's what I want to hear.
What's the real story. Let's hear it. After the break
all right after the break, I want to hear the
real story, he says, it goes deeper. I definitely want
to hear how it goes deeper. Okay, So hang on
three oh three seven one three eight two five five
kinhe Home Solutions remember windows, siding, doors, and more.
Speaker 5 (01:20:37):
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Speaker 3 (01:20:46):
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(01:21:08):
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hey, I'm
Tom Welcome three three seven one three talks. So Phil said,
the story goes a little deeper, but he basically is
(01:21:31):
upset because he called for no heat. A company came
out main circuit board needed replacing. Make a long story short,
took him about an hour and he was charged six
hundred and fifty eight bucks. He wanted to know are
the regulations on what people can charge? And I said, no,
that's it, that's where we are right now. So he said, however,
the story goes deeper, So Phil, go ahead, okay.
Speaker 18 (01:21:54):
Yeah, I'm here. So yeah, No, it didn't takehim one hour.
Took him two hour and one hour driving for the part.
Speaker 3 (01:22:00):
Oh I'm sorry, okay, and then whenever.
Speaker 18 (01:22:02):
Yeah, so two hours total.
Speaker 3 (01:22:05):
Okay. No.
Speaker 18 (01:22:07):
After the fact, I just felt that it was unethical
for a company to come out and you know, in
your time of need, I mean, I wanted to heat.
Speaker 6 (01:22:14):
So when he told me how much.
Speaker 18 (01:22:15):
It would cost, what was I going to do?
Speaker 13 (01:22:17):
Say?
Speaker 6 (01:22:17):
Oh, well, you know what, I did, try.
Speaker 18 (01:22:20):
To get a discount on it.
Speaker 6 (01:22:21):
But what are you going to do?
Speaker 18 (01:22:23):
Say no, I'm going to call another company and go
through this again with another company and then pay your
service feeding, you know. So it's like they have you body.
Speaker 3 (01:22:29):
No, I know what you mean, Phil, Phil, I Phil, Phil,
I get what you're saying, by the way, that you're
in a vulnerable situation and you should call a company
that you know and trust, because that could happen. They
can take advantage of it in your particular case, you
were not taking advantage of in my opinion, and I
think eighty percent of the time you would have been
charged way more than that. But what else is that?
(01:22:51):
How deep the story goes versus deeper? No?
Speaker 18 (01:22:54):
No, no, So so I was going to research the company.
So I looked it up on the Colorado Business Antique search,
and this company doesn't exist. They were dissolved, like I
don't know, eight or ten years ago, I forget exactly.
So I did a little more research. I called the
Pikes Peak Regional Building Department here in Colora Springs, who
does all the permits and stuff. You probably know that,
and they hadn't till May.
Speaker 3 (01:23:15):
I ask you something you got, You got the heat,
and you paid them a fair price. So why are
you wasting all this energy you think it's going to
get you some money back?
Speaker 18 (01:23:28):
How was you trying to make sure they're a legitimate company?
Speaker 3 (01:23:31):
Well, why why didn't you make sure they were legitimate
before you called them?
Speaker 18 (01:23:36):
I mean, if they did, they asked you when you
call a number, and they're I'm asking.
Speaker 3 (01:23:40):
Phil, I'm asking why you didn't do due diligence before
you called them? Why why after Why didn't you call
a company that we know and trust right off the back?
Why didn't you call plumb Line or fix It or
any other company that we know? Eight eight eight heating?
Speaker 5 (01:23:56):
Why didn't you call companies.
Speaker 1 (01:23:58):
That were that?
Speaker 3 (01:23:59):
How about that?
Speaker 5 (01:24:00):
Why didn't you call someone from the referral list?
Speaker 18 (01:24:04):
I've been listening to for for many, many years, but
then I moved to color Springs that I hadn't listened
to you for a long time. I just found out
you were honest, like kind of didn't gone on me
to look you up again.
Speaker 3 (01:24:14):
Well, yeah, you would have found Smith Plumbing, Heat and Cooling,
electric drains, totally honest, wonderful company. But listen, it's I
get what you're saying. So now you're looking for trouble
for this company, and what's your end game? You want
to get a discount or what you want to put
them out of business? Tell me what you want to
do for a company that came to your house when
you had no heat and charged the fair price to
(01:24:36):
replace your main circuit board.
Speaker 5 (01:24:38):
Tell me what you want to do to them.
Speaker 18 (01:24:40):
Well that was a big thing, the fair price. If
you're you know, legitimizing this, tell me how.
Speaker 3 (01:24:45):
Much No, No, I want to know in Phil's world,
how much is a fair price? Phil?
Speaker 5 (01:24:50):
I want to know in your world, how much is
a fair price.
Speaker 18 (01:24:53):
For an hour of work with the h vrack company.
Speaker 6 (01:24:57):
I looked at it.
Speaker 5 (01:24:57):
You said it took him two hours. You said it
took them.
Speaker 3 (01:25:01):
You said it took them two hours.
Speaker 18 (01:25:04):
I know that they charged me two hundred bucks an hour.
It's four hundred dollars for two hours of work. Okay, okay,
the industry standards.
Speaker 5 (01:25:12):
So how much should they have charged?
Speaker 3 (01:25:13):
Phil? How much should they have charged? What should they
have charged? One?
Speaker 18 (01:25:19):
Seems ethical to me?
Speaker 3 (01:25:22):
Okay, seems ethical? Okay, Now, Phil, what kind of business
are you in?
Speaker 18 (01:25:29):
Well, I'm retired military for one thing. But I oh
cars for auto for auto company. Now I came out
of retirement.
Speaker 5 (01:25:38):
Okay, what do you wait? You're a whostsaler.
Speaker 18 (01:25:42):
No, no, I'm a car buyer my cars.
Speaker 5 (01:25:46):
Yeah, but when you buy them and then you resell them, right?
Speaker 1 (01:25:52):
Uh?
Speaker 9 (01:25:52):
Yeah?
Speaker 18 (01:25:53):
The company result them, yeah, the dealership result them.
Speaker 1 (01:25:55):
Yeah.
Speaker 3 (01:25:56):
How much do they resell them for? Let's say you
buy a car for five what do you resell them for?
Is it reasonable? Well?
Speaker 18 (01:26:03):
It it all depends what we buy the car for, because.
Speaker 3 (01:26:07):
Well, I want to know. I want to know. What
if you get a car? Wait, what if you get
a car that's worth five grand but you only pay
two grand for it? Tell me do you sell that
for what.
Speaker 18 (01:26:18):
It's It's never the same. Sometimes we lose money on cars.
Speaker 3 (01:26:22):
That's really Isn't that something? But let me ask you,
does anyone regulate what you can sell that? Does anyone
regulate what you can sell that car for.
Speaker 18 (01:26:34):
Other than Kelly Bluebook and the dog it?
Speaker 3 (01:26:39):
That's not a regulation. I'm asking you who regulates what
you wait, who regulates who.
Speaker 5 (01:26:45):
Can buy that car and how much?
Speaker 18 (01:26:50):
Dealers set the price and the public sets the price
basically because they're not going to buy something that's overpriced.
Speaker 3 (01:26:57):
Really, okay? Is desperate? What if someone is desperate for transportation? Yeah?
Speaker 18 (01:27:07):
Un listen to a vehicles you really want badly, and
there's the supplying demand, the good old supplying demand.
Speaker 3 (01:27:14):
Okay, except when it comes to no heat, no no, no, Hey, Phil,
Like I said.
Speaker 18 (01:27:21):
I didn't kill two o'clock in the morning. That's when
I expect to pay a premium for them to come out.
Speaker 3 (01:27:27):
You didn't the only part what time did you call
the only part we all disagree on with you is
you got a fair price. In your mind, it's not fair,
but every other company would probably charge you more, and
I think eighty five percent of them would charge you more.
Speaker 1 (01:27:43):
Maybe.
Speaker 4 (01:27:45):
Hey, guys, I think there's something missing from what Bill
Phil actually paid for. It's not just the two hours
of the mechanics task trying. It's the education he had
to get. It's the training, of.
Speaker 3 (01:27:56):
Course, the insurance, the workman's everything. Yeah, the gasoline.
Speaker 4 (01:28:02):
It's it's also his ability to respond to Phil's call
so quickly.
Speaker 3 (01:28:06):
So that's really what you're paying for. But listen, here's
the deal. Phil's involved in one of the most dishonest
industries on the face of the earth, automobiles, and he's
calling to bitch about two hundred dollars an hour.
Speaker 5 (01:28:21):
I'm done, Thank you Phil.
Speaker 3 (01:28:23):
By three oh three seven one three eight two five five.
Let's move on to somebody with a real problem. Katie,
what's going on with you? And sill?
Speaker 15 (01:28:32):
I thank you for taking my call.
Speaker 3 (01:28:34):
Tom, I have what's happening?
Speaker 13 (01:28:38):
Well, I have we hired a contractor and he was
a friend of ours, and we did cardinal rule that
we shouldn't have done, and we put gave him money upfront,
but he said how much?
Speaker 15 (01:28:52):
I gave him ten thousand.
Speaker 10 (01:28:53):
Dollars and and what was it?
Speaker 5 (01:28:56):
What was the ten grand four?
Speaker 15 (01:28:58):
Well, he said he was going to use it to
pay things, mostly for our permits through Jeffco.
Speaker 6 (01:29:04):
Okay, what was the name?
Speaker 3 (01:29:05):
What was the name of the contractor?
Speaker 15 (01:29:08):
Well, I don't really want to tell you right now
because I just kind of want to keep it a
little personal. He was a friend and he has since
passed away.
Speaker 3 (01:29:19):
Oh okay, all right, but we were.
Speaker 15 (01:29:21):
Granted our permits, so he did pay our initial permit.
Speaker 18 (01:29:24):
Fee with it.
Speaker 15 (01:29:25):
But there's a seventy five hundred dollars balance, and like
I say.
Speaker 3 (01:29:30):
Right, oh wait, wait, there's a seventy five hundred balance
that went to his estate.
Speaker 15 (01:29:34):
Right, yes, exactly, now I'm learning. So we did file
a claim against his estates through JEFCO. And we heard
from his attorney that it was denied because they claimed
it was filed against his personal estate and not his business. Now,
his business is not an LLC from what I can determine,
(01:29:59):
I'm not exactly sure how his business was held.
Speaker 3 (01:30:02):
All right, I want you to hold on, hold on,
We're gonna get Dan McKenzie on. Let's let's get in
a state attorney on who knows about these things? I'm
Tom Martine three O three seven one three eight two
five five. Go with a sure thing Denver's Best roofer
Excel Roofing dot com. You don't pay a cent until
(01:30:25):
you're content. Time for an insurance check up free, no
obligation in comparison, call Compass Insurance paying too much your
coverage at dozens of insurance companies find out now three
oh three seven seven to one. Help. You'll think you're
his only customer when you choose Frank Durand the real
estate Man dot com to list your home with Remax
(01:30:46):
Alliance three oh three nine two zero sixteen twenty two.
Hi Tom Artino here at three oh three seven one
(01:31:06):
three talk seven one three eight two five five Katie,
So listen this contractor you hired. I want to get
our expt. Oh he's not on yet. Well, Kachina, are
you trying to get Dan McKenzie on? Kachina trying to
get Dan McKenzie on. Please, I'm going to go to
Brian right now while we wait to try to get
(01:31:27):
Dan on. Okay, So what's going on.
Speaker 22 (01:31:30):
Uh, Brian, Hey, Tom, how's it going today?
Speaker 5 (01:31:34):
Good man? What's happening?
Speaker 18 (01:31:36):
Good?
Speaker 22 (01:31:37):
So, I guess part of it's going to be informational.
Part of it's going to be, you know, uh kind
of looking for some feedback from you. But sure, put
some put earnest money down on the house. You know,
looked at the house, liked it, put the earnest money down,
you know. Uh, started on inspections and and when we
originally walked to the property, it does have a leech field,
(01:32:00):
you know, in a septic system, and we noticed that
the leechfield was a little damp looking, even though the
area around it was relatively dry. So we knew it
was something we needed to have, you know, on inspection.
And so what we did is we had the inspection
called both a septic inspector and then also you know
the whole the whole house, you know, check for rate
(01:32:21):
on the whole deal. Sure, we had those guys come out,
and the septic guy, he's a licensed guy, right, so
he says, yeah, absolutely that that leachfield is in failure.
You know, there's green grass growing all the way around
it or in the middle of it with bright green grass,
right in the center and it's wet. So you know,
(01:32:44):
we present that to the to the cellar. And you know,
first well even before that he was saying, oh, yeah,
you know whatever.
Speaker 3 (01:32:51):
When you said it was a licensed contractor do you
mean licensed with the Health Department for septics.
Speaker 22 (01:32:58):
Yes, yes, license with the Health Recepting Inspection. Got it,
and so of course it failed. And uh then you know,
up to that point that the seller had been saying, hey,
you know whatever, you know, whatever we need to do
to make the deal, you know, whatever I need to repair,
no big deal.
Speaker 18 (01:33:17):
So we let him know.
Speaker 3 (01:33:19):
Well, I don't care, way, Brian, I don't care what
he said. I don't care what he said. What I
care about is the amendment to the contract that said
it would be fixed.
Speaker 22 (01:33:29):
Uh, getting to that, but yes, we actually didn't get
that far. He then came back and said, I absolutely
unequivocally refuse, you know, to to pay for any leechfield work.
So you know, of course we have the ability to
get out of the contract.
Speaker 5 (01:33:48):
Yes, of course, of course.
Speaker 22 (01:33:50):
And this is where this, like I said, we ended
up canceling. Are in sure getting you know, doing undoing
the deal basically, but got it where I'm going with
this is you know, where where is the function between
either health department or or and or these sellers, Because
(01:34:11):
what this guy did is he had his own guy
come out pump the tank and do an inspection it
and the leech field failed. He tells this guy he's
trying to coerce this guy into passing it into you know,
another licensed inspector into passing it.
Speaker 3 (01:34:30):
People do it all day long.
Speaker 13 (01:34:32):
And then he.
Speaker 22 (01:34:34):
Actually gets another guy out there, so he's been shopping
around who passes it sure? You know, ultimately now that
he knows it failed twice, if he doesn't put that
on the disclosure notice and doesn't disclose it to the
next buyer, you know, they probably just switched the zones
so it'll dry out and it'll look like it's working
(01:34:57):
until they go to switch to the.
Speaker 18 (01:34:58):
Two zones that are sure. Sure, And you know what,
I guess we're we're.
Speaker 22 (01:35:03):
Just it's kin like I said, it's kind of twofold.
You know, just wanted to express what happened and for
people to watch out. But also, you know, what is
uh uh, what is that next buyer's recourse?
Speaker 3 (01:35:18):
You know, when it's so nice that you care about
the other buyers. But here's the bottom line. It's up
to them to discover it, and it's up to them
to make an exception. And if they don't, who's to
say the third guy isn't right and that it won't
keep working. I mean, Brian, you're just basically wasting time worrying. Really,
you're a good guy. I can hear that, and I
(01:35:40):
used to have the same concerns I was. In fact,
here's why I was concerned. I was pissed off because
I found a beautiful home, but I found something wrong
with it that was significant. I happen to know people
who could fix it, but I knew this guy wouldn't
get it done. The seller and he canceled my contract
saying no, we're not going to do it, so we
(01:36:02):
walked away, but I knew that someone else was going
to get screwed, and worse than that, the real prop
bottom line was, I was pissed that I couldn't get
the house, but I wouldn't pay for a defect like that,
whereas he can get somebody else who's unsuspecting to pay
for it. Now, I could be a prick and walk
up and knock on the door and say, hey, if
(01:36:23):
you are looking to buy this house, or if you bought.
Speaker 5 (01:36:26):
This house, you know, I got something to tell you
about it.
Speaker 3 (01:36:29):
And people do that a lot. I mean, it's really
none of your business in a way. Okay, but sure,
I don't you know, this seller has a lot of
liability if it turns out to be a failure and
he withheld pertinent.
Speaker 7 (01:36:42):
Information and he's gonna have he's going to have to
have a license professional lie about it. I mean most jurisdictions,
like all of Douglas County. I mean, you have to
have a licensed professional sign off. And if someone comes
out there and lies that it's in good shape, they
could lose their license.
Speaker 3 (01:37:01):
Yeah, but what if it's a difference of opinion, Because
people do this all the time with foundation repairs and things.
They do it all the time. They shop the person
that gives them the best answer. Now, this seller can say, look,
I just depended on an expert. Now you can say,
but why didn't you depend on the first two experts,
(01:37:23):
And he can easily say, because I wanted to make sure.
I mean, it's too hard to get involved in this
thing at this point, it really is. It's really let
the buyer beware and Mark, what do you think. I mean,
I'd be pissed if I knew that this guy had
had it done twice. I think it's going to be
(01:37:43):
about it.
Speaker 7 (01:37:43):
I think it's going to be hard to find a
license professional to sign off if it's bad.
Speaker 3 (01:37:49):
He already did, he said, Brian. Didn't he already find someone?
Speaker 22 (01:37:53):
Yes, yes he did. He found that the third guy
shopped signed off on it. Wow, And yeah, I mean
it was muddy. It's been dry in the in the
area where we live, and that entire section where where
they still had those two zones operating, and it looked
like those zones had been on for probably the last
(01:38:15):
And you're a little.
Speaker 3 (01:38:16):
Pissed because you like the house, Brian, Right, you're a
little pissed because you like the house.
Speaker 22 (01:38:20):
Right you you were your story was identical.
Speaker 18 (01:38:22):
Yeah, yeah, you know and yeah you yeah.
Speaker 3 (01:38:28):
So how much is it going to cost to fix it?
Speaker 22 (01:38:30):
It's twenty grand And that's when for a new Leachfield.
Because again, just like Mark said, you have to have
someone now a days. You can't just put in your
own leach Field. You have to have a license.
Speaker 3 (01:38:44):
Well, you never could put in your own leach You
never could put in your own leach field. Well, not
that I know of.
Speaker 22 (01:38:49):
You'll have to tell that to my dad, I guess.
Speaker 3 (01:38:51):
But well, I mean, I guess you could have fifty
years ago. I mean when I came to Colorado, even
forty five years ago, when I was building a home,
I had to have everything approved on that leech field
and on that septic system.
Speaker 5 (01:39:06):
Yeah yeah, really Now, now, Brian, you.
Speaker 6 (01:39:09):
Heard the price.
Speaker 22 (01:39:10):
He was just he was just done it. And again,
you know, I'm not going to buy a house with
a known defect, you know, when we were offering, you know,
full asking on it.
Speaker 3 (01:39:19):
So but if you like the house, what I'm asking
seriously is this, would it be a deal breaker?
Speaker 5 (01:39:26):
That extra twenty grand?
Speaker 22 (01:39:29):
It would because it's it's top dollar for a top
dollar house. You know, no other concessions, no other anything
off the house.
Speaker 3 (01:39:39):
So okay, Well, someone else is going to get the house,
and they're probably going to be fat and happy for
a few years, and then they're going to have to
fix the septic system.
Speaker 22 (01:39:48):
Yeah, very true.
Speaker 5 (01:39:51):
You know, I mean, how do you stop it?
Speaker 3 (01:39:53):
I mean, you could be a real jerk. I mean,
I don't mean a jerk. You could be a real
like concerned citizen and prote outside the house. I mean,
you know, I mean you could disclosure form.
Speaker 7 (01:40:05):
I wonder if it says like I wonder how it's
phrased to where do you think the guy would be lying.
Speaker 3 (01:40:11):
Because two other people didn't pass it? And for example,
it says, let's ask Frank Duran the real estate I
want to call. Let's call Frank Duran in the real
estate man and ask his opinion. I'm serious, cool, So
hold on, we're gonna ask him. We have another expert,
Dan Mackenzie. I'm going to bring up right after this.
Dan is an estate planning attorney. We have an important
(01:40:31):
question for him. Right after this, go with a sure
thing Denver's Best rufer excel roofing dot com. You don't
pay a cent until you're content. Time for an insurance
check up free, no obligation. In comparison, call Compass Insurance
(01:40:52):
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 custom 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 Martino, you're troubleshooter three oh
(01:41:13):
three seven one three talk seven one three eight two
five five. So I want to talk to Dan McKenzie
in estate planning attorney we used as our expert. Hey, Dan,
listen to this one. This woman pays a contractor up
front ten grand. He bought her, He bought her home,
(01:41:33):
her permit to start the project. But he pays her
ten grand. She pays him ten grand, he buys the
permit and dies. So now there's a seventy five hundred
dollars balance and she wants to get it. So she
put in a claim with his estate, and Katie, what happened?
(01:41:57):
The attorney for the estate called.
Speaker 1 (01:41:59):
You, Katie?
Speaker 3 (01:42:07):
Is she not with us anymore? Can yes?
Speaker 1 (01:42:09):
Katie?
Speaker 3 (01:42:10):
Go ahead? Yeah, so ahead, Katie.
Speaker 15 (01:42:12):
Okay, I'm here. So I received from the attorney of
his estate a notice of disallowance, and when I contacted them,
I said, why was it disallowed? And she said, you
filed it against his estate. You need to file it
against his business. And I said, in the filing I
(01:42:32):
also included the name of his business. But she also
indicated well that there are pretty much no funds in
his business to distribute. But she claimed that I filed
it incorrectly, so his business does not appear to be
an LLC.
Speaker 13 (01:42:50):
So I just want to know who can I file
this against.
Speaker 5 (01:42:53):
Now, well, let me ask you this first, Katie, what
what is it? If it's not an LLC?
Speaker 9 (01:43:00):
I don't know.
Speaker 15 (01:43:00):
It's all its states?
Speaker 23 (01:43:02):
Is that you know?
Speaker 15 (01:43:02):
I made the checkout to the name of his business.
Speaker 5 (01:43:05):
What is the name of and what's the name of
the what's the name of the business?
Speaker 15 (01:43:10):
It was called one Wolf Filders, and so I made
the checkout to his business.
Speaker 13 (01:43:16):
Only when he cast the check he signed it.
Speaker 15 (01:43:20):
I made it out to him it was.
Speaker 13 (01:43:22):
You know, signed by one Wolf Fielders.
Speaker 15 (01:43:24):
So I'm not quite sure, you know, is what I
should find out?
Speaker 3 (01:43:29):
Is there a different Do you know if he's the
only one that do you know if he's the only
one that owns that business? Yes he is, because if
he is, it would be a disregarded entity. But I
want to ask Dan McKenzie, the expert here, what does
she do?
Speaker 9 (01:43:45):
Dan?
Speaker 8 (01:43:47):
I think she's got two pads?
Speaker 24 (01:43:48):
What what do you how much are you trying to
recovertate seventy I mean you're exactly at these small flames limit,
so you could file a small flames case probably, yeah,
the business and me. I mean, you know when as
a planet's attorney, we just suit everybody, right, so you
suit the age and to the business and just let
them sort it out. And then the other thing is,
(01:44:12):
I don't know how long ago you got that disallowance
to claim, but that is something you can challenge.
Speaker 6 (01:44:17):
You can then ask the.
Speaker 24 (01:44:18):
Court to uh, you can file your objection to that disallowance.
Speaker 15 (01:44:22):
You have, Yes, I have three days to do that,
so I'm I'm gonna do that. But you know you
claimed that there are no funds in this business.
Speaker 3 (01:44:32):
Dan, I'm hoping you can hold so on. So what
hang on, We'll come back with more. 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
(01:44:54):
paying too much your coverage at dozens of insurance companies
find out now three all three seven seven to one.
Hell 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 1 (01:45:15):
Ripped of.
Speaker 2 (01:45:17):
News, need advice so you don't have.
Speaker 1 (01:45:22):
Come running Just as fast as we can.
Speaker 2 (01:45:26):
Shooter's gonna help come man.
Speaker 3 (01:45:30):
This is the Troubleshooter Show. No Tom Martino. Hello, I'm
Tom Martino. Welcome to the show. This hour brought to
you by renew Home Innovations with the most beautiful shower
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get several financing options with low interest sometimes no interest.
Renew Home Innovations dot Com three oh three nine zero
four two thousand. Frank Duran in the real Estate Man's
on to answer a quick question for us we wanted to.
Speaker 6 (01:46:03):
Know about.
Speaker 3 (01:46:05):
Because it is a very important question and maybe he
can tell us. Frank Duran, Welcome, We love you, brother,
Thank you for being here. Hey brother, let me tell
you what happened, Frank. This guy Brian puts money down
on a house. He's doing his due diligence and comes
(01:46:26):
across a bad leech field. The seller says, we're not
going to fix it, take it or leave it. He's
looking at twenty thousand in repairs. He decides he doesn't
want it. He gets his earning earnest money back and
he moves on. He subsequently finds out that the seller
was shopping other septic licensed septic inspectors, and after going
(01:46:52):
through the first and the second, found a third one
who was able to sign it off, saying it's fine.
He's concerned that the next person who buys this is
going to be ripped off, and he's kind of pissed
off because he thinks the owner should be made to
fix it. So, I guess the question is what do
(01:47:14):
you do in a case like that? I mean, there's
really nothing you can do about it.
Speaker 6 (01:47:17):
Right?
Speaker 5 (01:47:17):
Would this guy be in trouble?
Speaker 3 (01:47:19):
What does the disclosure say specifically about the septic or
the sewer system? What does it say?
Speaker 5 (01:47:26):
Does it say did you ever.
Speaker 3 (01:47:28):
Have a problem?
Speaker 5 (01:47:28):
Do you know of a problem? Is there a problem?
Speaker 3 (01:47:30):
What does it say?
Speaker 6 (01:47:32):
Yeah?
Speaker 18 (01:47:32):
Tom, great questions?
Speaker 25 (01:47:33):
So that is actually item eye of the seller's property disclosure.
It says specifically this, It says if you know of
any problems ever existing? And they put in all bold
ever existing with the following check yes. And one of
those questions is the septics. So they talk about when
the last time it was pumped on, any problems with
the septics, So that would need to be disclosed if
there was ever a problem, even if the problem has
(01:47:56):
been fixed subsequently, if there was ever a problem, it
must be disclosed.
Speaker 3 (01:48:01):
If this guy does not check yes on that because
it was a failed leach Field, even though he found
someone who said it wasn't failed, can he claim well,
there really wasn't ever a problem because the third guy
said it was a misdiagnosis.
Speaker 25 (01:48:18):
Well, Tom, you know, yeah, technically he could put that
on there, but he might be getting himself into some
muddy waters if he does that. And uh, you know,
and quite honestly, let me ask you this, the buyer
who wrote the offer, I'm trusting they had a realter, correct, Yeah,
well I I think so, yes.
Speaker 3 (01:48:34):
Okay.
Speaker 25 (01:48:34):
So another thought too is that relter could potentially send
an email to the listing realtor and say, hey, we
have concerns about this for this reason or whatnot. You know,
just a food for thought, because then it becomes sort
of a red flag now that rilter has knowledge of that. Realistically,
what they should be doing is talking to their clients saying, hey,
you know, here's a concern, get a new buyer involved,
(01:48:54):
and you say, okay, this could you know you, mister
buyer should still do your own du diligence and do
your own inspection as well. Yeah, yeah, yeah, you know,
because there have you ever had people well that's right,
come go ahead.
Speaker 5 (01:49:09):
No, I'm fine, go ahead, Frank, Well, I was.
Speaker 25 (01:49:11):
Going to say, on the seller's property disclosure, there's also
a portion a lot of people forget about this where
it says advisory to buyer and where the buyer actually
signs that. It says the buyer should thoroughly do their
own investigation as well, not just solely rely on the seller.
So that is a portion that buyer does acknowledge and
sign as well.
Speaker 3 (01:49:29):
Have you ever had something that was certified that turned
out to be.
Speaker 25 (01:49:34):
Bad, certified to turn out to be bad?
Speaker 7 (01:49:38):
I remember one that Frank was involved in, or at
least helped us out. I don't know if he was
a realtor, but it was a town home and one
side flooded and on the disclosure they put there was
never flood damage, and then of course the neighbor who
still lived there knew that it flooded and there was
(01:49:58):
flood damage.
Speaker 25 (01:50:02):
Boy Mark, that goes back. I've never personally Tom had
that that I could recall that I can. Yeah, I've
done so many of these, but yeah, I mean instances
like this where we've helped him with troubleshooter, I've seen it.
Speaker 3 (01:50:14):
Have you ever had any, Frank, how about this one.
Have you ever had any where you rejected something due
to an inspection item and you know they never addressed
it or fixed it, and they resold it to someone else.
Speaker 25 (01:50:30):
Sure, but if that happens, then it becomes a point
of disclay. If I'm on the listing side, we certainly
would disclose that and I would tell my seller that's
adverse material fact if we have knowledge, and that would
be disclosed. And I've never had a problem with anybody
doing that. Now if they did, I'd have to politely
give the listing back, Tom, because that can get you
in a lot of trouble if you're not disclosing those things.
Speaker 3 (01:50:50):
No, I know it, Frank, I mean you're very upfront
about that.
Speaker 5 (01:50:53):
You've I've dealt with you in the past. Of course,
on many houses.
Speaker 3 (01:50:57):
Frank Duran, the real estate man dot Com went away
better than Frankie.
Speaker 7 (01:51:03):
I remember one Frank that you were you. We just
had this discussion last week. He sold a town home
and they said that the address was correct. Now I'm
not getting this perfect, but in that the address had
been split properly, and everybody thought it had. But it
did not get split. In other words, it was just
(01:51:23):
one room. But that was literally on the disclosure for
a townhouse.
Speaker 3 (01:51:27):
You told me, right, yeah, So what it.
Speaker 25 (01:51:30):
Was is we had checked with title ahead of time
to confirm this and they'd said it was legally split.
And so what happened is when we'd got to close. Now, now,
typically guys, though in a normal transaction, what would normally
happen is the buyer would say, okay, well, then why
don't you just fix it? Title offered to fix it.
This particular buyer says, nope, what else you're going to
give me? And it became a point of negotiation. Of course,
(01:51:52):
it went to mediation. It did you finally get solved,
Thank god, it did. But that was something where we
the title company had erroneously said it was split when
it was not.
Speaker 3 (01:52:04):
Thank you Frank durand the real estate man dot com
three oh three nine two zero sixteen twenty two. Don't
forget his free market evaluations as well.
Speaker 5 (01:52:14):
So, Katie, we talked to Dan McKenzie off the air.
Speaker 3 (01:52:22):
He had to run.
Speaker 5 (01:52:23):
He said, the best thing you're gonna do.
Speaker 3 (01:52:25):
First of all, if it's a single member LLC or
a single member business, it's going to be a disregarded entity.
You don't have to go after the business. You can
go after him personally, and you can do it in
small claims court. He said, you should probably sue both
the estate and the company both.
Speaker 15 (01:52:43):
Okay, great, and since.
Speaker 3 (01:52:46):
It's seventy five hundred, you have the luxury of going
to small claims court.
Speaker 15 (01:52:50):
Okay, that's that's good advice. Thank you so much. I
appreciate it.
Speaker 3 (01:52:55):
Do you think his personal estate has the money to pay.
Speaker 15 (01:53:00):
His personal estate?
Speaker 3 (01:53:01):
Does? I know?
Speaker 9 (01:53:02):
His business does not?
Speaker 13 (01:53:04):
So that's why I felt, you know that, I was.
Speaker 3 (01:53:09):
Very disc almost does his personal estate have.
Speaker 15 (01:53:13):
Well, here's all I know they He and his family
owned several pieces of property in Jefferson County, so I
know that much. Now that's not to say that things
are you know, I don't know.
Speaker 18 (01:53:32):
You know, we'll see, you.
Speaker 22 (01:53:33):
Know, we'll see.
Speaker 5 (01:53:35):
Yeah, it doesn't matter what his family owns, you know that, right.
Speaker 15 (01:53:38):
Right, yes, exactly, it's his personal estate. I'm saying, he
and his wife.
Speaker 13 (01:53:42):
I know, he and his wife. We're doing just fine,
but the.
Speaker 15 (01:53:47):
Business itself probably wasn't. So if I can go after
the personal estate and recoup it, that would.
Speaker 3 (01:53:56):
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customer when you Choose frank durand the real estate man
(01:55:03):
dot com to list your home With Remax alliance three
oh three nine two zero sixteen twenty. Two, Okay I'm.
Speaker 5 (01:55:14):
Tom, martino your trouble.
Speaker 3 (01:55:17):
Shooter welcome to the. Show so we have some interesting
things in the NEWS i wanted to talk. About but
get your calls. In i'll take your. Calls The Treasury
department suspended that ridiculous AFTER i spent time doing all
of our little businesses THE boi Beneficial, wait, wait that's
(01:55:41):
good for beneficial ownership. Interest, yeah you don't have to
you don't have to fill that out. Anymore oh Was
biden thinking that we're trying to get to. Everyone he
had to have something for those new twenty million irs
agents to.
Speaker 14 (01:55:59):
Dot moron Using biden and thinking in the same, sentence is.
Speaker 3 (01:56:08):
Was his administration the absolute worst For god's sakes in my.
Lifetime although people would Argue biden created, this it Said
biden created it to target mainly small to medium sized
businesses and mainly because most of those were skewed. Conservative
(01:56:29):
do you really believe he'd be that small? Minded.
Speaker 4 (01:56:32):
ABSOLUTELY i, mean if you look at the, exemptions it's
something like over twenty twenty employees or.
Speaker 3 (01:56:38):
Exempt there is no need FOR. Boi it was created
to help stop. Crime under The biden, administration they were
also doing audits this stop. Too remember they were going
to start requiring you to send in information on any
expenditure over six hundred dollars on any. Account, Ever, YEAH
(01:56:59):
i think that preceded The biden.
Speaker 4 (01:57:01):
Administration that WAS i believe that was supposed to start
during The obama administration and then they reversed it at
the last.
Speaker 3 (01:57:08):
Minute and now they reversed it. Again but they're not
going to be able to do. This but can you
imagine submitting and this is not just for, business this
is everyone in The United states with a bank, account
not just a bank. Account that was for all.
Speaker 4 (01:57:24):
Everybody you paid as a business more than six h
six hundred, bucks that's a typical ten ninety nine.
Speaker 3 (01:57:29):
Requirement, yeah but they wanted a special. Report you had
to show the transaction in your bank. Account. Yeah, Man
Basically biden was saying everyone, sucks everyone's crooked and we're
going to go out and get them. All, yeah and
look who's talking The biden crime. Family and do you
know that they were literally looking at The Catholic church
(01:57:54):
as a domestic terrorist. Organization that that's coming out now
that we have THE fbi being taken over by saying
people so and also domestic terrorists were people against abortion?
Speaker 4 (01:58:11):
Rights were those who spoke out at school board meetings
against school board?
Speaker 3 (01:58:18):
Policies oh, oh parent teacher organ all kinds of parent.
Organization mothers got thrown in jail for. Opposing but they
were being. Investigated they were being. Investigated that's what's scary about.
It so you don't have to worry about that trap. Anymore,
really to be, curious how youse tariffs go? Tomorrow how the?
Speaker 5 (01:58:43):
Oh now tell me what's going on?
Speaker 3 (01:58:44):
There, well Tomorrow's mexico And, CANADA i think on. Everything,
oh that's, Right, well that's, right because what was he
what was he asking them to do to avoid that
they refused to do coming into the country killing our.
People WHAT i don't understand is how do you just
(01:59:08):
how do you basically come on man In, mexico you
hit the cartels that are bringing it.
Speaker 7 (01:59:13):
In but because the cartels are in bed with the
president and the entire. Government that's pretty hard to. Do,
NOW i want to tell you about some popularity issues
THAT i find. Amazing so somebody did a poll and
actually this is.
Speaker 3 (01:59:33):
iHeart. iHeart though didn't do the, poll but they they
summon the poll for the approval of issues covered by
The trump. Administration how what percentage of this country do
you think supports deporting criminal illegal? Immigrants, well anybody that WATCHES,
(01:59:59):
tv no say it's eighty. Percent, okay, yeah you're. Right
and so did you see this entire? POLL i see
those polls every.
Speaker 7 (02:00:09):
Day they change, constantly BUT i mean typically that particular
question hangs right about eighty Percent democrats of courting on
the Lower republicans, hire but across both it's eighty percent.
Speaker 5 (02:00:23):
Who believes indge in what they're.
Speaker 3 (02:00:26):
Doing sixty.
Speaker 1 (02:00:27):
Percent what?
Speaker 3 (02:00:28):
Percentage seventy six, percent, wow seventy six. Percent, now who
wants to actually close the border or put in additional
strict security and? Policies what? Percentage sixty three, percent seventy six,
(02:00:48):
percent seventy six. Percent what about this? One, oh this,
one keeping biological men who are born men out of
women's sports sixty nine percent according to the Latest, oh
that's actually. Shocking i'd like to hear from one of the.
(02:01:10):
Reports what's shocking about? It you thought it would be? Higher,
oah by. FAR i can't imagine anybody, that, LIKE i
think it was a javelin. Thrower, no it was a pole.
Vaulter pole Vault what is?
Speaker 1 (02:01:21):
That pole?
Speaker 3 (02:01:22):
Vaulting pole? VAULTER a.
Speaker 7 (02:01:24):
Vaulter vaulter was in povolts mediocre at best on the men's,
team so he switched over to the girls team and
of course won the.
Speaker 3 (02:01:33):
Gold it's. Crazy you know what else is? Crazy? More
what about the percentage of people that believed the government
in their applications and otherwise should declare only two.
Speaker 5 (02:01:46):
GENDERS i, mean who wouldn't it's sixty eight.
Speaker 3 (02:01:51):
Percent, god it's so. Crazy what percent wants to end
race based hiring seventy? Five sixty five?
Speaker 14 (02:02:06):
Percent, well there are a lot of dumb people out.
Speaker 3 (02:02:10):
There well what? Percent, NOW i don't even know what
that means race based hiring BECAUSE i didn't see the
question that means was? It it's pretty.
Speaker 7 (02:02:19):
Simple they hire people based upon the color of their
skin instead of hiring them on you, know what they.
Know it's pretty simple and well and Like mark or
does it mean go?
Speaker 3 (02:02:33):
Ahead i'll, say if you look at What.
Speaker 23 (02:02:34):
Mark said about The Academy, awards the ridiculous criteria that
they use for allowing an, entry it defeats the whole
purpose of The Academy, awards which was to reward autistic
achievement rather than reward inclusion.
Speaker 3 (02:02:52):
Policies what percent, NOW i told, you like seventy six
percent or more is in favor OF. Doge but what
percent believes we should freeze everything going to the foreign
country through usaid and evaluate each one.
Speaker 5 (02:03:12):
Independently fifty one sixty three?
Speaker 3 (02:03:16):
Percent it's more THAN i. Thought what percentage supports tariffs.
Speaker 18 (02:03:24):
As a?
Speaker 3 (02:03:24):
Weapon it doesn't say as a weapon of sixty five
sixty one? Percent what percentage wants to continue negotiations to
End ukraine war With russia Or russia's war with a sixty?
Percent but what are the other forty? ONE i don't.
(02:03:47):
Know if it was a mead, grinder fifty percent support
direct negotiations by THE us With russia And. Ukraine what
percent support cutting government and spending spending already approved By? Congress,
NOW i don't know what that means because they talk about,
doze then they talked ABOUT us, eight AND us eight
(02:04:08):
is technically already, approved but yet.
Speaker 7 (02:04:12):
A lot of that mean If congress already allocated money to,
something pulling it, back.
Speaker 3 (02:04:19):
Sixty percent think you should be able to cut it
even if the government approved. IT i can't wait till
they get rid of The department Of. Education by the,
way did that lady? REPORTS i don't, Know ACTUALLY i don't.
Know i'll check what percentage of people's support ending the
(02:04:41):
ban on offshore? Drilling eighty fifty seven. Percent, yeah that's. Shocking,
well you, know the country is kind of you, know
it's it's it's it's right WHERE i think it's mostly
(02:05:02):
down party, lines except there's a big percentage of liberals
that come. Over because you the country is pretty much
fifty to fifty liberal, conservative not according you've said so. Far, well, no, no,
no you're right according to these polls on the, issues
(02:05:22):
excus more. Conservative but the, country as registered voters, go
aren't they more fifty to fifty or? NO i thought, They, well.
Speaker 23 (02:05:31):
Look at the vote on the last presidential. ELECTION i
mean it was like fifty one forty.
Speaker 3 (02:05:36):
Nine, Right, Well i'm not talking about who voted for.
Speaker 5 (02:05:39):
People, No, No i'm talking ABOUT.
Speaker 23 (02:05:43):
I was supporting your theory that it's about fifty to Fifty, tom.
Speaker 14 (02:05:47):
Even the general election people it was it wasn't that
far from.
Speaker 3 (02:05:51):
A fifty to fifty.
Speaker 5 (02:05:52):
Split it was when you looked at the. Counties, well,
No i'm.
Speaker 14 (02:05:57):
Talking about the popular.
Speaker 3 (02:05:58):
Vote oh but when it comes to, liberals there are
more liberals per capita In colorado than In. California we
always talk about how Liberal california. Is colorado's more. Liberal
it's because they all moved here From. California, yeah can
(02:06:20):
you believe? This and now they roached out our.
Speaker 5 (02:06:22):
State, anyway we have more coming. Up I'm Tom.
Speaker 3 (02:06:25):
Martino three oh three seven one three talk seven one
THREE a two five. Five you are listening to The Troubleshooter.
Show go with a Sure Thing Denver's best Roofer Excel
roofing dot. Com you don't pay a cent until you're.
(02:06:48):
Content time for an insurance check up, free no. Obligation in,
comparison Call Compass insurance paying too much your coverage at
dozens of insurance companies find out now three oh three
seven seven to one Help you'll think you're his only
customer when you Choose frank durand the real estate man
Dot com to list your home With Remax alliance three
(02:07:10):
oh three nine two zero sixteen twenty. Two, Hey I'm
tom three oh three seven one three talk three o
three seven one three eight two five. Five you, know
we were talking a bit about The, oscars OR i,
(02:07:31):
was AND i really believe WHEN i said this that
The oscars last NIGHT i think was one of the
Best oscar Shows i've. Seen AND i don't, LOOK i
don't look to see, them But stephanie likes. It So
i'm there And i'm doing it. Right so What i'd
like to know is MOVIES i don't, Like AND i, guess,
(02:07:51):
WELL i don't know IF i should SAY i don't.
Like have you noticed?
Speaker 1 (02:07:55):
Though and and.
Speaker 3 (02:07:57):
When movies have an? Agenda And i'm not talking about
independent films like that do it on purpose documentaries and.
Stuff you, know there's a lot of good social commentary
done with. Movies But i'm talking about like regular, movies,
dramas live, action where they have an agenda or they
sneak in an. Agenda you mean his Name, Moore Roger,
(02:08:19):
moore that fat slab. Guy, well, no he. Does now
that's what all he. DOES i mean, that thank. You
those are his. Documentaries But i'm talking about a regular
movie that is literally pushing an. Agenda a movie like you,
know just you watch it and you, say, oh, MAN
i feel LIKE i got to take a. Shower they're
pushing an agenda of some, kind either a woke agenda
(02:08:41):
or a conservative agenda or. Whatever they're not just doing a.
Movie they're not just trying to entertain. You they're trying
to get a message. Across how about, It Tom, WELL i,
mean a good message is all in the eye of the.
BEHOLDER i don't even know what that.
Speaker 23 (02:08:58):
MEANS i was Telling walkinsuzannah about a great movie CALLED
a Six Triple eight about a bunch of black women
who were in The Women's army corn In World War.
Speaker 3 (02:09:06):
TWO i love, IT i loved.
Speaker 14 (02:09:09):
It wasn't that a great?
Speaker 3 (02:09:10):
Movie is that With Kerrie? Washington?
Speaker 14 (02:09:13):
Yeah where they did the postal.
Speaker 3 (02:09:15):
Stuff Tyler perry made that.
Speaker 23 (02:09:18):
Movie, Anyway the point is they assigned these women to
straighten out the mail going to and from the servicemen
In World war, two and they did an incredible.
Speaker 14 (02:09:29):
True, story right.
Speaker 23 (02:09:31):
True that's present an agenda that black women are as
tulable as anybody, else which is a good, message but
it's still a.
Speaker 3 (02:09:39):
Message, yeah, YEAH i did, not you know, WHAT i
can't deny, that, Doc BUT i didn't get the impression
WHEN i was watching the.
Speaker 5 (02:09:47):
Movie, well oh, no, no of COURSE i.
Speaker 3 (02:09:50):
Did you're, right they were discounting them because when black
women joined the. Military you, know when black men joined the,
military they went to. Fight, okay they had they had
black they had black, cores but they went and they.
Fought when and when white women, joined they did air
transport and they did a lot of important. Jobs and
(02:10:10):
but when when black women, joined they were given cleaning
duties and latrine and, really really, true they were given really,
menial disgusting. Tasks so what this was about was that
black women can do. Something but what that wasn't the whole.
Idea so when they discovered they had a major problem
(02:10:32):
with morale because these troops were not getting their mail
and the male was being all kind of fed up
all over the. Place the mail was not getting where
it's supposed. To sometimes letters were not delivered for six
to eight months after somebody had been, dead and and
it was it was. Atrocious but what happened was a
(02:10:53):
couple of these generals when they saw this was so screwed,
up they, said let's give it to you know, Who
and it was the black. Women and the reason wasn't
to see not because they thought they were. Capable they
did it knowing that no one could. Succeed so if
you're going to have someone exactly, so if you're gonna
(02:11:17):
have somebody, fail let it be black, women because we
know they're all. Losers, anyway that was their whole, intent
was to reinforce the stereotype and to show that you,
know they'll never get this job done and we won't be. Blamed,
hey we gave it the. Effort what they really were
(02:11:37):
not bargaining for is that when these black women were
put on assignment for this and sent to this one
central country where they had this old, headquarters they cleaned
up and made, beautiful and then they started they started
coming up with systems in order to organize and mail
started getting. Delivered they actually, said oh my, god they actually.
(02:12:01):
Work and it not only, worked it revolutionized the way
mail was sent in the armed, forces and then later on.
Speaker 5 (02:12:08):
THE Us Postal service adopted some of those.
Speaker 3 (02:12:10):
Practices it was, aspiring wonderful. Movie but when when you
talk about a movie like, that that wasn't an agenda
saying everyone is evil and only black women are capable
and they've been put down on the farm too. Long
it was it was more. Positive Tyler perry is more positive.
Speaker 14 (02:12:29):
That you can have an. Agenda that's. Good that's, Right
that's What i'm.
Speaker 3 (02:12:34):
Saying that's.
Speaker 23 (02:12:35):
Right just because they're portraying a message doesn't mean it's
a bad movie or a bad.
Speaker 14 (02:12:41):
Message this is a great sturge to send and done
in an incredible way with a movie that was.
Speaker 3 (02:12:47):
Spellbinding now one of the agenda movies THAT i absolutely.
Hated and of COURSE i, think did he win An Academy?
Award one of the guys that used to be a
talk show host here on kh you actually did he
win The Academy? Award or did?
Speaker 5 (02:13:03):
He was he nominated for the?
Speaker 3 (02:13:06):
Screenwriter look it?
Speaker 5 (02:13:08):
Up don't look? Up did anyone see the?
Speaker 3 (02:13:12):
Movie don't look? Up so? Stupid?
Speaker 5 (02:13:16):
Now what it was?
Speaker 3 (02:13:16):
About and it was all the woke actors and everything
was what it was. About it was about a comet
speeding Toward earth that was going to destroy the, earth
and they it was so catastrophic that there was no real. Solution,
well there could have been some if they started planning.
(02:13:38):
Soon So Leonardo DiCaprio's character goes To washington and the catchphrase,
was well then just don't look up if you're you,
know and and it was a direct. Correlation do you
know what it was, about, mark a direct correlation to
climate satire to climate. Change exactly what it was saying
(02:14:00):
is that if you just ignore climate, change it won't.
Happen and that's what they were saying about this. Comet
don't look.
Speaker 5 (02:14:07):
Up, NOW i will say it was a.
Speaker 7 (02:14:09):
Clever everybody believes the climate. Changes everybody believes, that but
it's whether or not it's, natural or whether or not
one country can do anything about it when the rest
of the countries, don't.
Speaker 3 (02:14:23):
Or even if all countries got. Together one, volcano one
volcanos like what every country with the worst cars ever
at any time in history for ten years or twenty
years or. Something so here's the. Deal the deal is
he it Was, sharota, right what's his? Name what's his?
Speaker 1 (02:14:45):
Name?
Speaker 3 (02:14:45):
David?
Speaker 1 (02:14:46):
David did he?
Speaker 9 (02:14:47):
Win?
Speaker 3 (02:14:48):
Well he was he was With, brown didn't they? Put
wasn't he paired With brown as a talk show host
or not or was no? Idea, yeah he was on
the afternoons with someone here ON K. HOW i forget
who he was, With David, sarota and it could have
Been Ross, KOMINSKY i don't, know but they were on
together and one was a. Conservative no, no then they
(02:15:09):
would have both been because they're never, Mind, Yeah saroda's.
Liberal Think, toto, no, no, LISTEN i know damn well
That saroda was ON. Khw you, do, OKAY i absolutely
know WHAT i.
Speaker 5 (02:15:21):
Mean it's not Like i'm.
Speaker 3 (02:15:22):
HALLUCINATING i worked AT koa FOR K how AND koa
for nearly fifty, years AND i know every talk show
host that was ever. There and he was a talk
show host in the afternoon ON, khow and then he
left and But sarota was paired with SOMEBODY i think
it Was. Kamensky Maybe ross would, know but they had
a talk show and then he. Left but he wrote,
(02:15:45):
this did he win the award or?
Speaker 5 (02:15:46):
Not did it?
Speaker 3 (02:15:47):
SAY i have no? Idea i'm still looking AT i,
MEAN i think that's pretty damn. Impressive by the, way
it was a clever use of satire the way he did.
It don't look, up but it was such a terrible. Movie,
anyway does anyone remember, where uh Where serota was on
this on this? Station let me. Know three oh three
seven one three eight two five Five go with a
(02:16:09):
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Ripped up.
Speaker 2 (00:07):
News need advice, so you don't have the.
Speaker 1 (00:13):
Come running just as fast as the can show.
Speaker 2 (00:16):
Shooter's gonna help coming. Man, this is.
Speaker 3 (00:21):
The Troubleshooter Show. No Tom Martine, Hello Tom Martino here,
Welcome to the show. Three oh three seven one three
talk three oh three seven one three eight two five five.
I hope you're all having a wonderful day, and I
can see all of you there in the studio of
(00:41):
your streaming. I have the studio up, and we have
Mark and Susan. We have Deputy Doc and bo. I thought, uh,
I wasn't sure they were gonna be there today, but okay,
I got Deputy D here, so we're ready to go.
We got the full compliment, well not full compliment, but
we have everyone standing by ready to take cases before
we go anywhere. Let me ask basically, does anyone have
(01:07):
any follow ups to talk about? And he follow ups
at all? D. Yeah. Tom.
Speaker 4 (01:15):
You may recall that for the past two days we've
been working on this matter with Chelsea and Nichols Automotive. Yeah,
and you know you you had a lot to say
about the warranty company on Friday, but it feels like
we ran out of time during the show time to really.
Speaker 3 (01:30):
Wrap this up. Plus I was steamrolling you guys.
Speaker 4 (01:33):
Oh yeah, okay, it was toind of fun, and so
it would be great to kind of bring this to
a conclusion.
Speaker 3 (01:39):
What is your position on, Hey, who should pay?
Speaker 1 (01:42):
What?
Speaker 3 (01:42):
I think the guys, I think that the warranty that
if she mentioned the warranty and he said, I'll take
care of it her something.
Speaker 5 (01:49):
I mean, I don't think he did this.
Speaker 3 (01:52):
I think she was in a hurry to get her car,
and I think he wanted to get it fixed. I
think did he call the warranty company? I don't think. Yeah,
not lined. I think he called them. I don't know
what was said. Here's the point. I don't know what
was said, and they won't let us hear the conversation.
But the point of trying to make is I don't
think he should eat six grand because he did the
(02:12):
repair without their authorization number or whatever the hell that
they need, and he doesn't know the he doesn't know
the workings of that particular warranty company. Warranty companies have
a certain procedure. But should he be held responsible for
making sure he had that done properly? And should he
if he didn't, like, if you took your car in somewhere,
(02:33):
if you specified on the work order, I want my warranty.
I need to get my warranty to cover this. I
can't afford it, or whatever, or anything about a warranty.
It was never mentioned on the work order. Not only
that she signed the work order, he authorizing the admitted
he called the company. Yeah he did. When But when
he said he called the company, he said they told
(02:53):
him to just document everything as he goes.
Speaker 6 (02:56):
So.
Speaker 3 (02:57):
But here's the point, and I think Kevin made a
really good point. Mark he doesn't think they would have
covered it anyway. I do because he's done enough work
with warranty companies in general. Here we'll think about this.
Speaker 5 (03:10):
This is a car had.
Speaker 7 (03:11):
Undred car warranty that's only four thousand miles.
Speaker 3 (03:15):
It's literally made for things just like this.
Speaker 7 (03:18):
It's not your typical three year, thirty six thousand miles.
This is something they can offer with a used car
sale that only lasts four thousand miles.
Speaker 3 (03:29):
But what Kevin said was they usually will not fix
anything pre existing. And he said it happened in one
hundred and sixty miles, and most likely that would be
something that was wrong before.
Speaker 7 (03:42):
He can't even go back and bitch at the dealership
at this point because this guy blew it.
Speaker 3 (03:46):
Dealing with the warranty company. Well, there's nothing a bitch
at the warranty company about anyway. Not choose me or
the dealer because she bought the car.
Speaker 7 (03:55):
They might they might have done something. For example, they
sold a rewarrant. I don't know if it just comes
with their car, if it was an additional price. I think, Dimitri,
it was an additional price. She could go back and
you sold me a car with a warranty, and this
warranty is absolutely no good in the car's no good.
Speaker 3 (04:14):
She might have some leverage there. How much did she
pay for that warranty? I think it was somewhere in
the upper two hundreds.
Speaker 4 (04:21):
No, but we you know, I'm hesitant to say the
warranty was worthless because the I don't doubt that many
warranty companies are scummy, But this particular warranty company never
got a chance to wheezel out of it because they
set forth the conditions under which they would evaluate the claim,
and those conditions weren't followed.
Speaker 3 (04:39):
Yeah, but he okay, of course they weren't followed. He
didn't have the warranty in front of him.
Speaker 7 (04:44):
But fifty years in the business, like I told you,
you could call any Firestone, Goodyear, Shared, an auto tech dealership.
Speaker 3 (04:52):
Everybody knows. You got to get how to work with these.
Whether it's a roofer or it's a warranty company, they
are not held responsible for the warranty not paying. You're
still when you go to a doctor, if your health
insurance doesn't pay, Tom.
Speaker 7 (05:07):
You are I think you are getting I honestly think
you miss it. When I gave this analogy, you hated it.
But if I have hail damage and I go Higher
Excel Roofing and they do my roof, and then I
call up my insurance company when there's nothing for them
to inspect or do anymore, and say write me a check.
Whether I actually needed the roof or not, at that
point doesn't matter. My insurance company is not going to
(05:30):
do anything. And Mark, you can't see that.
Speaker 3 (05:34):
It's a different analogy here that she she went and
she signed the work, She gave them all the warrantine information.
He agreed right on the you have the regard, how
do you know? Because he said, do you know on
the air. Do you want to hear it again? He
didn't have the warranty in front of him. He didn't
have the warranty in front of him. I agree he
(05:54):
did not. He didn't have the warranty, he didn't have
the terms and conditions in front of him.
Speaker 5 (05:58):
He's not supposed to listen.
Speaker 3 (06:00):
What I'm saying is if you hire Excel roof and
come out and to your roof and they don't follow
the terms of the insurance policy, and they don't have
that insurance policy in front of him, they put a
roof on your house, you think they should eat a roof.
I don't think so at all. I bet I don't
think this.
Speaker 7 (06:14):
If Excel came out and said, I'm going to work,
and you sign a contract saying it's going to be
the proceeds of the insurance company, just like they always.
Speaker 3 (06:22):
They never sign a contract like that. They never sign
a contract like that and the proceeds of the insurance.
But you're right, if somebody did sign this, I will
know if someone signed something saying I would take the
proceeds of the insurance. If someone signed that, then you're
absolutely right. And if they didn't get the proceeds, then
screw them. But this guy never signed anything saying I
(06:45):
will take the proceeds of your warranty company. Nohow me
where he signed that. He didn't sign it. What he
did do is tell her it got approved by the
damn warranty company, and it didn't.
Speaker 5 (06:55):
He never told her that they played so.
Speaker 7 (06:59):
Basically was saying his quarranty company approved it. You guys
did the work, but then at the end they decided
they were going to pay it because you guys couldn't
provide stuff then. And he's sticking by that and even
her if you had to.
Speaker 6 (07:15):
That's exactly correct.
Speaker 1 (07:17):
Mark.
Speaker 3 (07:17):
By the way, this is a recording, and he's not
disputing he said this.
Speaker 5 (07:20):
He is not disputing it.
Speaker 3 (07:22):
He said he called the warranty company and they approved
it as long as he could document it. They told
him to tear it down and document it. That is
what he is telling.
Speaker 7 (07:32):
Then we go on to ask him, did you get
did you get the approval number?
Speaker 5 (07:37):
No, well then you did. He didn't get a number.
Speaker 3 (07:40):
He's mark. He said he got approval. Now when the
company says, by the way, go ahead and tear it
down and document it. We'll take care of it, and
he goes ahead and does that. Who told him he's
supposed to get a number?
Speaker 7 (07:54):
Well, nobody, because they didn't say that I guarantee the warranty.
No want you get a copy of that recording, since
you like the warranty company so much and you believe
them over a fifty year mechanic or a business campaign, if.
Speaker 3 (08:09):
You bought him, If you brought in your BMW and
you spent like seven grand on an aftermarket or extended
warranty and they didn't get a damn approval number, you
would be off your rocker. First of all, you keep
talking about an approval number. You make a sound as
if this guy had all of the rules and conditions
(08:31):
of this quarranty in front of him. This there is
nobody doesn't matter, Mark. Every warranty company is different. Every
warranty company is isn't I can't believe you're saying this,
that a warranty that a mechanic is supposed to know
that he has to get a confirmation number. You name one,
I'll call somebody up.
Speaker 7 (08:49):
I don't care who it is, good Year, Firestone Sears,
if they still have an automotive. Anybody that could ever
possibly deal with a warranty, knows how to deal with
these people.
Speaker 3 (08:58):
If if you have a if you have a customer
who's breathing down your neck and says, I need to
get this fixed as soon as possible. And even if
she said, even though it's not in writing anywhere, I
have a warranty, here's the warranty. And he calls them
and they say, tear it down. We're not going to
pay for the teardown, but if you document it, we
will pay for it. If it's the transmission, and if
(09:21):
it's not pre existing, that's so if he goes there,
one works.
Speaker 7 (09:24):
If you tear it down, then they send an adjuster
out to inspect it. He completely bypassed it, and I
personally think so.
Speaker 3 (09:32):
So he okay about it. So, ladies and gentlemen, he
should eat six thousand dollars worth of work and she
should get a free transmission because she got him. You
know what, we're never going to agree on this, so
let's just move.
Speaker 1 (09:44):
On, all right.
Speaker 3 (09:44):
I mean, there's really no reason to keep discussing it.
I think that he's he should be paid something. I
don't think the man should be punished for trying to
get his customer of ten or twenty years down the road,
and I don't think he intentionally did this to try
to cheat her out of six grand. It's the that easy.
I don't think so. And if I had to put
my money somewhere, it would not be on a warranty company,
(10:05):
because in my experience, warranty companies lie more than anyone there.
That's my experience. So anyway, three oh three seven to
one three, I mean, we're just not going to agree.
It doesn't mean someone's right and someone's wrong. We have
different opinions, and mine is that I think the warranty
company is not telling us or showing us or letting
us hear that phone call for a reason because they
(10:27):
gave him the the the implied consent. Oh, go ahead
and do it, And now they don't want to own
up and they want to get out of it, just
like ninety percent of all warranty companies you even ask
Kevin Calkin, they're pains in the ass. And this one
has one of the worst ratings in the business. But
let's believe the warranty company all of a sudden, we
(10:47):
love marketing companies. Here on the Troubleshooter share audio. If
I get that audio and this guy's full of it, okay,
forget about mistakes. If this guy what he's been telling
you is incorrect and I get that audio, will you
spend every living day bearing him until he gives a
car back. I'm not gonna bury him. I'm going to
make a deal so she can get a car back.
(11:08):
She's still gonna owe something for the car. You somehow
feel like she wasn't going to pay a dime for anything.
And you're assuming that the warranty company would have paid
one hundred percent for the repair. I'm still not there.
Speaker 1 (11:19):
Mark.
Speaker 3 (11:19):
You're saying, oh, yeah, they would have automatically paid, Because Mark,
how many experiences do we have with warranty companies automatically
paying one hundred percent of the repairs?
Speaker 5 (11:28):
How do you tell me?
Speaker 3 (11:29):
Mark? You tell me, because you've sat in this chair
long enough, tell me how many warranty companies voluntarily on
a used car warranty we'll replace the transmission one percent
after they own the car for one hundred and sixty miles.
Speaker 5 (11:42):
How many?
Speaker 3 (11:43):
How many do you think we've had in our experience
that voluntarily pays for every one thing. We're never going
to agree on it.
Speaker 7 (11:49):
I think this guy screwed her, not on purpose by
any means. I think he totally dropped the ball and
now she's hung with with she bought a warranty that
simply can't use.
Speaker 3 (12:01):
And you're assuming, but you're also assuming, Mark, I agree
with you on this. You though they never got to
look at you're assuming they would have paid one it. Well,
I you're assuming paid. I think they would have paid
up to whatever the policy was. What do we even
know what that policy was? I think he's me I read,
actually do we even know? If?
Speaker 4 (12:21):
It doesn't say anything about it has a deductive, It
has a modest deductible, but it has a huge, very
significant cap.
Speaker 3 (12:29):
On hourly rate.
Speaker 4 (12:30):
I believe they only allow seventy five dollars an hour
with one hundred dollars deductible. That's that's what I saw.
I mean, I do have a proposed resolution to this.
Speaker 3 (12:40):
And what if you bring it to a place that
you know and trust and they don't want to work
for that? What happens then you have to pay the
re You pay the difference. That's like what Jeff and
Kevin said. We got more coming up on the troubleshooter
show mark. Please try to get Please try to get
that recording, honest to goodness, tell them it'll only help them.
Three h three seven one three eight two five five.
(13:01):
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And it's time to think about your health, folks, not
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In fact, we come in more contact with water than food.
(13:22):
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(13:45):
cent until you're content. Time for an insurance check up free,
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(14:07):
Alliance three oh three nine two zero sixteen twenty two.
Hi Tom Martine, your troubleshooter three oh three seven one
three talk three oh three seven one three eight two
five five. All right, now Jay has a comment on
(14:28):
this case, and again we're not going to be labor it,
but hey, it's okay that people don't don't agree on everything.
That's how actually things get done better is when we
examine many many opinions. Agreed.
Speaker 5 (14:39):
Go ahead, Jay, go ahead, Jay.
Speaker 8 (14:42):
Hey Tom, First, I want to clarify something I'm unclear
on when the mechanic called the warranty company. Did he
get permission from them too, we don't know, down and
inspect it, or did he get we don't know, permission
to repair it, because.
Speaker 5 (14:56):
That would be a huge we don't know, we don't know.
Speaker 8 (14:59):
Take some both the small claims court, or at least
one of them. She can compel evidence and then the
truth kind of has to come out, or if she
kind of wins.
Speaker 3 (15:09):
Yeah, I don't know, man, I don't know what was
said on that phone call. He says he called and
told him he has this client's car, blah blah blah,
and they said, document everything, tear it down, and we'll
take care of it. He now what, I don't know
if they said that numbers nothing.
Speaker 8 (15:26):
So therefore, if she sues the warranty company on the
mechanic's word, he has to help her make the case.
If that's what he's claiming, he makes that case, they
come back and say, never happened. Here's how we can
go ahead.
Speaker 9 (15:40):
Day.
Speaker 3 (15:40):
What are you doing? Answer?
Speaker 5 (15:41):
Hold on, Jay, Jay.
Speaker 4 (15:43):
She doesn't have the option of suing them. I read
the entire contract with a warranty company, and she agreed
to arbitration for the warranty company with a warranty company.
So she sues them, they'll just get it dismissed instantly,
and arbitration is going to be prohibitably expensive.
Speaker 3 (15:59):
What is going on? Is she going to get her car?
Have you talked to her today?
Speaker 1 (16:02):
No?
Speaker 10 (16:03):
Not yet.
Speaker 3 (16:03):
I just emailed both Nichols. You just thought it'd be
a good idea of bringing up to piss me off. No,
I just.
Speaker 4 (16:10):
It would be a good idea two of the three
of us to agree on how to proceed.
Speaker 3 (16:15):
Anyway, So while you and Mark were arguing.
Speaker 4 (16:17):
I came up with a settlement offer, and I just
emailed it to both of them.
Speaker 3 (16:20):
I want to know. I want to know what your
offer was. What is it? Well, my view, did you
eail By the way, did you email me.
Speaker 4 (16:28):
The I emailed both you and Mark not only the
policy but the denial letter. I want to from the
warranty company Mark to answer your question from the perspective
of the fact that they both the consumer and Nichols
both mismanaged this process as as you already As you
already know, Nichols should have been better prepared to manage
(16:48):
the warranty claim. However, Chelsea should have also managed the process.
She should have had the warranty policy in front of Nichols.
She should have demanded he gets an approval number and
tells her what her out of pocket expense will meet
before she approves the expense. However, she approved the repair
before any of that was done. So I think they
were both equally at fault.
Speaker 3 (17:08):
I don't see the warranty you sent me.
Speaker 4 (17:10):
I emailed it to you and Mark h Okay, and
so my proposed resolution was, would Nichols be willing to
settle for their actual out of pocket costs, their labor
costs and their parts costs without profit because they are
you know.
Speaker 3 (17:30):
Yeah, but I imagine a small shop that's going to
be the whole price anyway.
Speaker 4 (17:34):
Well, no, there's costs, and there's profit right on top
of costs, and that's what the consumer gets charged. But
my point was they both they both messed up. They
both mismanaged this process. So let's just get this lady's
car back. And so I asked for that amount. I
emailed them both simultaneously, and I said, Chelsea, if they
respond positively, see what the amount is and let us
(17:56):
both let us all know if this is acceptable to you.
Speaker 3 (18:00):
And then maybe payment.
Speaker 4 (18:04):
Yeah, yeah, let's see what the amount is. She may
be abole to cover it right off the bat. If not,
then it sounds.
Speaker 3 (18:09):
Like and they sold it with a transmission problem even
though it was as is, maybe something should be I
don't know, maybe something should be done. Is this two pages?
Speaker 5 (18:18):
Is the entire warranty? Two pages?
Speaker 3 (18:21):
No, you've got two files in there. I got I
got this thing that the car's protection plus rejection letter, yep.
And then I had the other one, which is okay,
the whole warranty flex protect.
Speaker 5 (18:33):
That's it.
Speaker 3 (18:34):
Yeah, okay, yeah, it's more than two pages.
Speaker 5 (18:36):
Yeah, no, I got it now.
Speaker 4 (18:37):
Yeah, I read the entire thing, including the bold capital
letters that says that if you do not get our
approval prior to the repair, your claim will be denied
in bold capital letters.
Speaker 3 (18:51):
Yeah. See, you guys are looking at the process. Yes,
I'm looking at would it be covered anyway? So I'm
going through the covering. It's so that's very clear. Yeah,
well it's not very clear. Actually you're saying it's very clear.
They would have replaced the transmission. It's clear what you're doing. Yeah,
So I just want to see what they say about
the replacement because they say schedule of coverage coverage under
(19:15):
this agreement includes components listed in this section, and then
they put transmission. It says manual transmission, then they say automatic.
Which one is it? Automatic transmission? Automatic transmission? And the
torque converter, bans, pump, pump housing, carrier assembly, planetary gears,
blah blah blah blah Blahay. So the lubricated parts transmission
(19:37):
transfer case only if damaged by a covered component internal
to the transmission transfer housing, so it doesn't leave much
for exceptions here. It doesn't now the somewhere by the way,
because this sounds pretty clear. Irrelevant part.
Speaker 4 (19:52):
We don't even need to go to the exceptions because
the relevant part is that it covers the valve body.
And Kevin from Shared autottech to me that that mectronic
component is also know that that Nichols replaced is also
known as the valve body and that is covered on
that Schedule one Automatic Transmission Repairs Components.
Speaker 3 (20:18):
Now, so it's talking all about and you seem to
highlight this damci. But see he didn't have this in
front of him. It would have been wonderful if you
had it been It spells out every single step your
repair facilities should do. Your repair facility should do this,
Your repairs facilities should do that. Yes, okay, well okay, sir,
(20:41):
you didn't do step number four A subsection B no time.
It's not that silly.
Speaker 4 (20:46):
It's it's not that silly because after fifty years in business,
as you said, he or any of them.
Speaker 3 (20:52):
How many warrant okay, how many warranties do you think
they're all the same?
Speaker 1 (20:56):
Man?
Speaker 3 (20:56):
How many they're all the same. They're all exactly the same.
Are requirement.
Speaker 4 (21:03):
I mean, could could share an autotech tell us about
a warranty company they deal with that does not A
require an approval and B doesn't.
Speaker 3 (21:10):
Have I never said a warranty company does not require approval.
Speaker 5 (21:14):
I never said that. Ever, what I said was this.
Speaker 3 (21:18):
She never, first of all, referenced to warranty once, not
once in writing number two. If she referenced it verbally,
can we say that she handed Is it reasonable for
her to say I have a warranty and then expect him,
with one phone call to discern each and every term
in condition that warranty entails. Come on, bro, come on, yeah,
that's reasonable. It's not reasonable one phone call and this
(21:41):
mechanic should digest this entire thirteen page agreement.
Speaker 4 (21:45):
Come on, man, the law. Let's be honest about what
the procedure is based on his experience.
Speaker 3 (21:51):
Now, I think what he was what he did do
that was stupid is did the repair Because if he
would have called them and said listen, or he should
have called her and said I need to see this
warranty because I don't want to be stuck with the bill,
that's what he should have done. Agreed, absolutely should have
done that. And I just don't know why he didn't.
I think he didn't do it because he got the
(22:12):
impression she wanted it repaired, no matter why. That's the
feeling I got when I talked to him, not that
he wanted to make a quick six grand from a
fifteen year customer and just put the screws to her.
He said she was desperate to get her car fixed,
So I have a feeling he was he. I do
think he rushed it, I really do, and I said
this before. I think he screwed up the process. I
(22:34):
don't think he was familiar with the process. I don't
think it's reasonable for us to assume that every mechanic
that we whisper a warranty to should know all thirteen pages.
I don't think that's reasonable either.
Speaker 4 (22:45):
No, but it's reasonable for him to call and get
the requirements to get the coverage.
Speaker 3 (22:50):
And where in the contract does it say that on
that workloader showed me to me because we usually we
usually go by riding. Missishimmer said that, but he should
have should have put that in at least in the warranty,
that this is a warranty repair or something. YEP, I agree,
I agree. I'd like to know why she didn't. I
really do. And as long as we're talking about this
damn thing.
Speaker 1 (23:10):
I don't.
Speaker 7 (23:11):
I've never put that on any invoice from any of
my good years ever. This you just deal with the
warranty company. You call them up, you get the approval
and that's it. They go over the exact pricing, they
send out an adjuster if it's a certain amount, and
it's the same with every one of them.
Speaker 3 (23:28):
Okay, so get the get the recording of the phone
call that yeah.
Speaker 11 (23:35):
So so if I remember from this call last week,
this Chelsea week, here, here's what.
Speaker 3 (23:40):
I'm going to do. It sounds like you're taking a
breath and you're going to be filled with words, which
I love.
Speaker 5 (23:45):
But let's do it after the break.
Speaker 3 (23:46):
I'm Tom Martino. Three oh three seven one three talk
seven one three eight two five five go with a
sure thing Denver's Best for excel roofing dot com. You
don't pay a cent until you're content. Time for an
(24:07):
insurance check up, free no obligation comparison call compass insurance
paying too much your coverage at dozens of insurance companies
find out now three oh three seven to seven to
one help You'll think you're his only customer. When you
choose Frank Durand the real Estate Man dot Com to
list your home with Remax Alliance three all three nine
two zero sixteen twenty two.
Speaker 1 (24:31):
That's not an easel.
Speaker 3 (24:32):
I annoy Hi Tom Archino here three oh three seven
one three talk seven one three eight two five five Okay,
Frank Arand the real estate Man. Free valuations of your home.
It's really important now because prices are all over the place,
and he'll give you an evaluation what your house will
sell for for no charge, no obligation, never an obligation.
He'll go through every single detail three all three nine
(24:53):
two zero sixteen twenty two. It's a free complimentary charge. Really,
no gimmick. Frank Duran the real estate Man dot Come, Arleen,
what's going on with you? Earlene? Now? I remember you
were working with Bo and he did such a wonderful job.
This is a furnace no one would give the time
at day two. They didn't. You know, most old furnaces
(25:13):
now people don't want to fix, they don't want to
get the parts, they don't want to do it. All
they want to do is trash them and get you
a new one. You couldn't afford it, or Len, you
couldn't afford anything and anyway, but he worked really hard.
Speaker 12 (25:29):
I just want to call in and thank you. Thanks
everybody so much, train and u JJ have that put
that mogor in Mo did a wonderful job.
Speaker 3 (25:42):
Thank you.
Speaker 12 (25:44):
Tom did a wonderful job, especially him.
Speaker 3 (25:48):
I thank you.
Speaker 12 (25:50):
Yeah, I had. I was so cold that stuff. When
I got my furnace, I couldn't believe how much warm
up I became.
Speaker 5 (26:00):
Oh that is that's so nice.
Speaker 3 (26:03):
Yes, you know what, Deputy Bow, he did a great job.
Speaker 12 (26:08):
Yeah, you know.
Speaker 3 (26:10):
He had told us your story a few times each
step of the way, like when they went out and
looked at it, when they took out the part, when
they went to train, when they got it donated, when
they got somebody to put it in, bla, all of that.
But we never heard from you directly until now, and
we so appreciate it. Earlene.
Speaker 5 (26:29):
Did you are you staying warm now?
Speaker 12 (26:31):
Yes? I am one percent warm.
Speaker 3 (26:36):
How old are you right now?
Speaker 12 (26:39):
I'm sorry?
Speaker 5 (26:39):
What how old are you right now?
Speaker 13 (26:43):
Oh?
Speaker 12 (26:43):
Am eighty two?
Speaker 3 (26:47):
You're eighty two, two eighty two? You know what that
You're lucky you called in because we don't help people
over eighty two. We only help them up to age
eighty two. So you got in just under the wire.
Speaker 12 (27:02):
Oh well, that's wonderful, that's wonderful.
Speaker 3 (27:05):
I'm just kidding her, ear Lene. I'm just getting we'll
help anyone. But you know what, I'm glad that you're
staying warm. Thank you for and your daughter, by the way,
she works two days a week and tries to uh,
she tries to work out, you know, work help you out.
And then she's got You got two grandchildren. How are
they doing? Are they just graduated? Are they going to college?
Speaker 12 (27:30):
If you.
Speaker 3 (27:33):
Can talk, I imagine they are. Anyway, So we're we're back. Okay,
thank you, Earlene.
Speaker 11 (27:40):
I appreciate that boat. I'm glad everything's working well. And
you've got basically have a new furnace with a new parts.
Speaker 3 (27:48):
No, no, I know that's what I you know, bo, bo,
that's a really good thing you bring up. People don't
do parts anymore. They do either remove and replace if
it's big enough, or they just replace it. Now, before
we went to break, you were going to say something
about the warranty issue. Go ahead, first one, you give
you my dinger.
Speaker 11 (28:05):
I don't know that's that's for the first I already
got done for this one, but early. And I'm so
happy for you, I know. So you got to have
a suggestion for Dimitri. So Chelsea what she called last week,
she went to another company and she got a diagnostic
done with the photographs.
Speaker 3 (28:26):
And the data before before. But why can't we go
to this other company.
Speaker 11 (28:32):
Have Chelsea go to this other company and get this
data and photographs and submit it to the warranty company
because they probably wouldn't mind where the data. I think
that's the issue that the warranty company does not want
to pay because they don't have this data and photographs.
Speaker 3 (28:48):
Yeah, they're not anybody. They're not going to care about
any of that though. But another company did all the
warranty company. They're simply Although we have in the past
when people when procedures weren't followed properly, we have in
the past, not necessarily auto repair companies, but we always
pose the question, what if it really was needed and
it was this, and it was that, and we can
(29:09):
show that to you, would you make a different would
you make an exception? I mean, we never really did
that with a situation like.
Speaker 4 (29:17):
This, but Tom and bo In my view, warranty these
warranty companies exist for two primary purposes. One is to
collect premiums and the second is to deny claim.
Speaker 1 (29:27):
That's right.
Speaker 4 (29:28):
So even if we could make the case that they
would have paid something for this repair, their case rests
not on that but on the bald all capital printing
that spells out the procedures that must be followed. Or
and I'm quoting directly from the contract, your claim will
be denied, and I just off.
Speaker 3 (29:47):
With the warranty company. They would have to she would
have to basically, she'd basically have to have a lawsuit
in order to get to that recording.
Speaker 7 (29:58):
They're simply not going to give that record. Boarding out period,
end of story, you know.
Speaker 3 (30:03):
So that's that. Yeah, yeah, so okay, hey, we got
two hours out of it. Now what we have here, Mark,
is this, We have the mechanic, and then we have,
in uh Mark's estimation, the warranty company. Heavenly, okay, let's
(30:26):
move on. Three O three seven one three talk seven
one three eight two five five. By the way, any
warranty companies want to advertise, you got Mark right there
willing to carry your water because you are holy well.
Speaker 7 (30:40):
First of all, I did the entire poll, and you know,
out of a basically one hundred and.
Speaker 3 (30:44):
Oh yeah, like I really care, I really care about
the morons. I really care. That really tells me to
say it would never have happened that way. We had
Jeff vic say it would have never have happened that way.
They both think it was course of what fault. Yeah,
so he should eat the entire repair. We've already established
should should But yeah, at the point he's at, that's true,
(31:07):
and that that we agree on. We absolutely agree. Cost
your money? What'd you say, dragons? But I wouldn't cost
your money. Yeah, hey, Kelly, if you could do me
a favor, and uh and and look at your text.
And I'm going to ask a pretty quick question here
on something anyway. So three o three seven one three
(31:27):
eight two five five one thing I do want to
talk about. We got to take a quick break again.
But and I'm just gonna say this, and I know
I know there'd be people that won't agree. That was
the best Academy Awards Oscar show I have ever seen,
never watched it, the best I've ever seen, the best speeches,
the best, the best awards, the best the best host
(31:48):
Conan O'Brien, and his open was I'm telling you, I
see Stephanie wanted to watch it, and I hate watching
these things. First, I don't want to be preached to.
I don't want to hear about all the problems and
how everybody is damned and is because of Republicans. Okay,
that's normally what an award show is. Not anything like it,
Nothing like it, nothing, nothing, nothing political.
Speaker 5 (32:09):
But it was wonderful. I Conan O'Brien is a talented man.
Speaker 3 (32:15):
Well obviously he didn't write everything, but you guys ought
to go back and catch some of it. See if
anybody else did. What a wonderful show. I really and
I hate those shows. We got more coming right up.
Go with a sure thing Denver's best roofer Excel roofing
dot com. You don't pay a cent until you're content.
(32:40):
Time for an insurance check up free, no obligation. In comparison,
call Compass insurance paying too much your coverage at dozens
of insurance companies find out now three 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 sixty twenty two. So we're talking
(33:04):
about the Academy Awards a little bit.
Speaker 5 (33:05):
We don't have a lot of time to do that.
Speaker 3 (33:07):
But you know the winning movie six million dollars that
took to make, and they didn't use the studio. And
now one of the reasons, I think most fifteen million dollars,
that's peanuts.
Speaker 5 (33:17):
Oh it's less than peanuts.
Speaker 3 (33:19):
In fact, I think one of the reasons is because
they didn't have a marketing budget. But my god, it's
amazing to me that. I mean, I not only didn't
I ever hear the movie, I never heard of the director,
the screenwriter, the actors anyone. Anyway, we have a lot
more to talk about on The Troubleshooter Show three three
seven one three Talks seven one three eight two five five.
(33:42):
Will continue with any all problems, questions and complaints you have.
And of course we'll never forget the all important surveys
done on the YouTube poll because we know the morons
know absolutely everything, So stay tuned for that. We are
the consumer show coming up next. Go with a sure
(34:03):
thing Denver's Best Roofer Excel roofing dot com. You don't
pay a cent until you're content. Time for an insurance
check up free, no obligation. In comparison, call Compass Insurance.
Pay 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
(34:25):
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Yeah, rit news you need so you
don't have.
Speaker 1 (34:45):
Come run ins as as we can.
Speaker 2 (34:48):
Shooter's gonna help.
Speaker 1 (34:50):
Come man, this is.
Speaker 3 (34:53):
The Troubleshooter Show. No Tom Martino, Hi Tom Martino, your
troublesh three oh three seven one three talks seven one
three eight two five five. We're here to help you
solve problems, to answer questions, to take complaints, to make
your life a little easier, as we've been doing for
forty five years or more.
Speaker 5 (35:11):
And you know what, we love what we do.
Speaker 3 (35:13):
We even love it when we get problems we can't solve,
but there are lessons to be learned. Then there are
problems we can solve. And uh, there's all kinds of
in betweens. Uh, let's do this follow up right here,
and our number to call any time, by the way,
twenty four to seven. You can use three oh three Martino,
three oh three six two seven eight four six six.
(35:36):
But when we're in the studio, you can also call
the iHeart line, which is three oh three seven one
three talks seven one three eight two five five, and
of course on the iHeart app if you're listening, no
matter when, remember the three oh three Martino and uh,
we welcome our friends also in Colorado Springs around this
hour brought to you by Compass Insurance. By the way,
get your insurance check up three oh three nine nine six,
(35:58):
nine thousand. Just please make sure you're not under insured,
make sure you're not paying too much for insurance, and
they'll do an honest review three or three nine ninety six,
nine thousand. So Joe wants to talk about an issue
with a contractor working with BO. So Joe, when did
you call in, sir, I'm trying to find your call.
Speaker 6 (36:17):
I'm trying to find it. I'm looking at my history.
Speaker 3 (36:20):
We called in on November eighteenth and the eleven am hour.
Speaker 5 (36:24):
Oh, oh my goodness.
Speaker 3 (36:26):
November November Wow, that's ancient history.
Speaker 1 (36:32):
Joe.
Speaker 3 (36:32):
What happened November fifth? Thank you, by the way, bo
for keeping such good records.
Speaker 5 (36:36):
What's going on, Joe?
Speaker 6 (36:39):
Back back in late September of last year, an old
friend of mine posted up on Facebook that, Hey, this
company I'm working with we're getting into plumbing. I need
some help with the boiler package. Can anybody out there
help me? Well, I still have an open account at
one of the supply houses, and I've known a guy
fifteen or so years. I thought he was a good friend.
(37:01):
He's promising to pay cash. I said, absolutely, let me
just get it set up for you to be able
to do it. So he goes and charges fifty four
hundred bucks worth of materials and no problem. He gets
his installation. He does.
Speaker 3 (37:14):
I think I remember hearings. Did I take this call
or did Mark take it?
Speaker 6 (37:20):
I come, I think you might have.
Speaker 3 (37:23):
You came home about mechanics. I can't find it for
some reason, but it's not a big deal. I can't
find it, but keep going. What happened then?
Speaker 6 (37:31):
Well, anyway, the bill comes in the first of the
month and I'm like, okay, Tim, Hey buddy, I need
to get paid. What do I need to do here,
and he said, yeah, send me the invoices. I send
him the invoices and then he think, oh, well, hey,
I have to go through the money guy, my partner,
so you need to send it to him. So I
sent it to him, and they promised to send me checks,
(37:52):
and I mean I sent them both the invoice and
everything else. And as we got closer to the twenty
fifth of the month, I wanted up have to pay
the home build up my pocket because I can't afford
to lose my account. You know. Wow, I paid the
vendor the whole thing, and we're this whole time. I
(38:14):
don't know exactly where my buddy lives. I know he
lived in Parker, you know, he's moved back from Arizona
up to Hear. Anyway, I start doing some research on
the company and I find our office and he finally
finally tells me, Hey, the check's ready to pick up
and it's going to be in this truck. And I'm like, well,
(38:35):
send me a picture of your truck, dude, I don't
want people thinking of breaking into trucks. Is when I
get there, I finally get a check for three grand
out of the fifty four hundred and it says partial payment,
and it's on a temporary check, you know, like the
first check you get from a bank when you'll be
a council. There's nothing more. Yeah, I got it number
on there. Well got it. My bank looked at that
(38:58):
and said, now we're not going to touch it. I said, well,
what do I do? They said, take it to his bank.
They converted to Cheshire check, bring it back here. We're good,
good to go. I said, okay, So I went to
his bank. They said, mister Kulan, we can't do this it.
There's not enough money in account to cover this check anyway.
Speaker 3 (39:19):
Bottom line, where are we going with this?
Speaker 9 (39:21):
Bro?
Speaker 3 (39:21):
I mean, so you got screwed by a buddy bottom.
Speaker 6 (39:25):
I've been ripped off by buddy and by his company.
And I filed a lean against the home. But in
order to foreclose the lian, it's going to cost me
ten twelve grand, which I can't get back.
Speaker 3 (39:38):
No, no, no, that is that is that is absolutely
not so, sir. And I found your call. So okay,
you got a judgment for how much? How much do
you have the judgment?
Speaker 6 (39:49):
Have no judgment, Tom. What I have is I still
have about twenty four hundred dollars outstanding in order for me.
Since I loaned the material basically through my LLC, I
can't represent myself in court and I can follow the
lean which I did.
Speaker 3 (40:09):
You absolutely, you absolutely can represent your LLC. I don't
have any idea what you're talking about. Is it a
single person LLC?
Speaker 6 (40:18):
All right, my company is a single person LLC.
Speaker 3 (40:22):
Yeah, then it's a disregarded entity for purposes of legal procedures.
You can go to court and and it has nothing
to do with it. You can go to court and
you can sue. Okay, you can sue for your money.
But here's what I want to know. How did you
get the rest of the money? Was it just because
he just accidentally did the right thing?
Speaker 1 (40:42):
No?
Speaker 3 (40:42):
I can answer that one, Tom. We just kept uh.
Speaker 11 (40:46):
I talked to my bank and he made my bank
president made a call to his bank, and he gave
us some ideas on how he could just keep slamming
the check into the bank.
Speaker 3 (40:56):
And he did get some money. So I do want
to know the guy only got how much? How much
did you finally get half of it? Right?
Speaker 11 (41:03):
I have three thousand, got it of fifty, So I'd
like to speed this up a little bit, Joe, you know,
so the crux of the man. We've been working on
this since November. Joe properly filed the mechanics lane. He
got some advice from Brad O'Brien and he wants to
for a clothes on the lean and he wants to
(41:26):
file a less pendance. So our question is can he
legally file? Can he file the less pendance without a lawyer?
Speaker 3 (41:35):
And Will Well, you can do anything without a lawyer.
It's not a requirement you have a lawyer, but it's
very difficult to do.
Speaker 14 (41:42):
Okay.
Speaker 11 (41:42):
Now, the next question is can Joe recover the cost
because he got quotes of like ten thousand dollars to
go to court the fun Kales mechanics.
Speaker 5 (41:52):
Let's talk about this.
Speaker 3 (41:53):
He has a twenty five hundred dollars balance for the
and he put a lien on for the balance. Is
that right? Okay? That you're very very good so far.
So you got a lean for twenty five hundred. Is
that home meant to be sold or is it his
personal residence or is it a client?
Speaker 14 (42:11):
It's a client.
Speaker 3 (42:12):
It's a multi million dollar home in Castle Pines of
a lab And why isn't this owner of the house
making noise to get it paid? Why wouldn't this owner care?
So you can answer that one, Joe.
Speaker 6 (42:24):
Well, she's saying, I've already paid for all of.
Speaker 5 (42:28):
This, and now she can get out of it.
Speaker 3 (42:31):
You know, you understand that if you go through all
this trouble to foreclothes on this Lian, she can get
out of it. She's got an affirmative defense, big time. Yeah,
and tell her what telling Mark what he has to
sho you at the homeowner. He's paid.
Speaker 7 (42:48):
It hits her primary residence in Colorado, and she can
show that she paid the contractor the g the GC
in full, that Lian will drop or you'll lose your
court case. It's an affirmative defense, meaning that's her whole defense.
Speaker 3 (43:05):
Does it matter, so, Joe, if she really did pay
just one second, Joe, one second, If she really did
pay the general or the plumber in full, or the
plumbing supplier or anyone, that's all she has to do
and she can get out of this lean and your
lean will be dismissed.
Speaker 6 (43:25):
Okay, Now, does it matter if her primary residence is
owned by a business.
Speaker 3 (43:32):
No, you're you're nitpicking there. I don't believe so.
Speaker 13 (43:35):
Now I'm just asking it's owned by a business.
Speaker 3 (43:38):
But let me ask you this. Do you not believe her?
But Joe, do you not believe her?
Speaker 5 (43:42):
Do you think she's trying to screw you to No?
Speaker 6 (43:45):
I absolutely believe her. But she is ticked off me
because I come to find out that the guy is
not a license general contractor, he's not a licensed mechanical contractor.
He's not a licensed plumber. Hell, he even lied about
his journeyman plumbing's license.
Speaker 3 (44:00):
So I called, so, what does this have to do
with the homeowner?
Speaker 6 (44:05):
Pardon?
Speaker 5 (44:08):
What does this have to do?
Speaker 3 (44:09):
You shouldn't be crossways with this homeowner. She's a victim too.
Speaker 6 (44:13):
She's angry at me because I followed the lean against
her home when she's already paid for everything. She's like,
my problem is with aterneral contract or, not with her.
Speaker 5 (44:21):
Well, she can get that.
Speaker 3 (44:23):
Look as soon as she goes to an attorney, any
attorney worth their weight is going to know how to
get out of this lean. The lien is going to
be You're going to just end up letting it drop off.
Speaker 7 (44:32):
You realize you got to take her to court and
actually get a judgment that's part of getting the lean.
Speaker 3 (44:37):
Yeah, that's part of you got Well, you have to start.
You don't necessarily have to get a judgment, but you
have to start for closure within how no, no'st He
absolutely has to take her to court and win whatever
he's leaning her house for. That's part of perfecting the lean.
Speaker 7 (44:54):
Then he can go forward with foreclosure or trying to
collect or doing what.
Speaker 3 (45:01):
Okay, I thought it was done in one fell swoop,
but it doesn't matter. Whatever it is you have to
do within four months. Did you do it?
Speaker 11 (45:07):
He did it all within time? And Tom, I think
Joe has a right to put a mechanics lean on
the property, whether it's her property or rental, because that's
what the mechanics lean is all about, is to protect
the contract.
Speaker 3 (45:19):
Bo Bo, did you bo help me here? Did you
hear anyone say he does not have a right to
put a lien on there?
Speaker 11 (45:26):
I think he does because she did pay Bo.
Speaker 3 (45:29):
Did you hear anyone say he does not have a
right to put a lien on the home? Now?
Speaker 11 (45:37):
I thought you guys are saying that he didn't and
it could be dropped.
Speaker 3 (45:41):
The lean could be No, here's what we said. You
can put a lean on a ham sandwich if you want.
What we were saying is, according to the laws of Colorado,
he has a she has an affirmative defense that can
get it dismissed tomorrow, whether you like it or not.
(46:02):
That's the way it is, unl unless the home is
not his prime If the home is not her primary residence,
then that's different. But if it's her primary residence, then
she can get it dismissed pretty much he needs.
Speaker 7 (46:19):
The property must be an existing single family dwelling unit
that the owner occupies as their primary residence, and the
owner must have paid the full contract amount.
Speaker 11 (46:33):
I believe to be on the shadow of a doubt
that she did, so the lane's basically worthless.
Speaker 14 (46:39):
What you guys are saying, since it's her primary residences.
Speaker 7 (46:41):
If she's stupid and doesn't hire an attorney that would
use that reformative defense.
Speaker 3 (46:49):
But there is another way around this, Joe, why don't
you just get the twenty five hundred reduced to a
judgment in small claims court?
Speaker 6 (46:59):
Well, I've I've had issues with small claim court collections.
Speaker 3 (47:07):
Well, hold on, hold on.
Speaker 1 (47:08):
Hold on.
Speaker 3 (47:09):
You said two different Joe, you said two different things.
You had issues with small claims court and collections. Which
one did you have the issue with?
Speaker 6 (47:17):
Well, I got my judgment on a different case totally
in small goods good and then was never able to
collect a debt.
Speaker 3 (47:27):
Now why was that?
Speaker 6 (47:29):
Tell me?
Speaker 3 (47:29):
I want to know why why were you able to
collect ton?
Speaker 6 (47:33):
Because the sorry soob lied and he refused to pay
the money and the court doesn't give you any real
way to force them to pay the money.
Speaker 3 (47:44):
So it only we're right, Joe. But Joe, kind of right,
You're kind of right. They can hide and squirm and
it's a pain in the ass. But what you don't understand,
or maybe you do, maybe you do. You can take
the twenty five judgment you get here, and when you
go after the guy, you can hire a legit collection
(48:06):
attorney who can add the cost of their collection on
top of it. That may be the way to go, Joe.
Is this hiring a too?
Speaker 6 (48:14):
I have to do to do the collection?
Speaker 3 (48:17):
And if you get a real now now, I will
tell you, Joe, there might be some that will be
hesitant to take a small judgment like this, but if
they can add to it the cost of collections and
you get a normal default, I'm missing something. I want
to ask him again, do you have a judgment?
Speaker 9 (48:37):
No?
Speaker 5 (48:38):
Well, no he doesn't.
Speaker 3 (48:40):
Well then, I mean he's got to perfect that lean.
Do you not understand you?
Speaker 6 (48:44):
Mark?
Speaker 3 (48:44):
Take Mark, we're not talking about the lean now, Mark,
We're not talking about the lean any longer, because he
can go through all that trouble for the lean and
she can get it dismissed. That's when we were talking
about just the twenty just the twenty five hundred. She
owes that this guy owes directly the contor get a
judgment for that twenty five hundred, and then he can
get somebody to collect it. I mean it's gonna cost
(49:08):
you fifty bucks to do it, Joe, get a judgment. Yeah,
I'm Tom Martino. We have more coming up. Go with
a sure thing Denver's Best Roofer Excel Roofing dot com.
You don't pay a cent until you're content. Time for
(49:32):
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. Hi'm Tom Martino here. Pamela's
(50:00):
turned an issue with a car accident. Pamela, what's going on?
Speaker 15 (50:08):
My sister got into an accident early February and.
Speaker 16 (50:15):
It wasn't her fault, so she believes. And she was
in a roundabout and the car veered over and hit her.
Speaker 13 (50:25):
And yeah, at the sight of the accident, she was.
Speaker 17 (50:31):
Under the impression that the police were like the other
driver got a ticket. He was driving with a permit,
only he was distracted. He had gotten a ticket, that
it was under the assumption that it was his fault.
Speaker 18 (50:50):
Come to find out, now.
Speaker 3 (50:51):
Are you sure? Hold on? Is she sure you got
a ticket?
Speaker 19 (50:55):
Yes?
Speaker 3 (50:58):
Okay, So what happened? Did the other driver? Did the
other driver swerve in tr lane?
Speaker 6 (51:05):
Yeah?
Speaker 3 (51:07):
So he was okay, so keep going.
Speaker 5 (51:08):
What happened then?
Speaker 3 (51:10):
So?
Speaker 16 (51:11):
Uh, she got a call like twenty four hours later. Coincidentally,
both of them have the exact same insurance progressive, and
that adjuster said, you need to sign off on this, Cindy.
It's your it's your fault, and we'll just you know,
and you're going to probably have to come up with
(51:32):
a difference.
Speaker 13 (51:33):
And my sister said, wait a minute.
Speaker 15 (51:34):
It's not my fault.
Speaker 16 (51:36):
It was clear there.
Speaker 13 (51:38):
I don't understand, and please do not pay that out.
And they were waiting for the accident report.
Speaker 9 (51:47):
And so she was.
Speaker 17 (51:48):
That went on for weeks and then finally got the
accident report, which doesn't say anything.
Speaker 16 (51:56):
That it wasn't her fault or that it was his
fault or and and she's.
Speaker 12 (52:04):
That you got a ticket or anything.
Speaker 3 (52:06):
And so we're kind of okay, the ticket, let me explain, Pamela,
let me explain something, so we don't have to go
further on that ticket. Sure, the tickets do not usually
are there. They're not the deciding factor on liability for
the accident, just so you know, but the accident report
can be. But you're saying the accident report does not
(52:26):
show or does not really name an at fault party. Correct.
Speaker 17 (52:34):
It doesn't say that he didn't use a turn signal.
Speaker 16 (52:37):
It doesn't say that he was distracted, right, it doesn't
say it doesn't do any of that.
Speaker 3 (52:44):
And so okay, so where do we stand right now?
How does this affect her? Where do we stand right now.
Speaker 16 (52:51):
How it affects her is that it went from her
leaving the scene thinking that it was his fault and
that his company he was going to pay for it,
to all of a sudden it being her fault and
she's going to have to come up with a difference
of five thousand dollars, so to speak.
Speaker 4 (53:09):
That's what the.
Speaker 9 (53:09):
Adjust o case said.
Speaker 3 (53:10):
This is the part. This is the part. I don't
understand the difference. What are you talking? Maybe she doesn't
have full coverage or comprehensive I have, I have COMPREHENSI well,
comprehensive wouldn't have anything to do with it. Hold on, Pamela,
this is a collision claim. What I need to know
is is this person claiming personal injury?
Speaker 9 (53:35):
No?
Speaker 20 (53:37):
Okay, then what supposedly it's she's got twenty five thousand
dollars and the thirty thousand dollars car, and so the
adjuster was saying that she's probably going to have to
come up with the other five thousand.
Speaker 5 (53:50):
Okay, hold on a second.
Speaker 3 (53:53):
Let me let me explain this to you. She has
state minimums probably twenty five point fifty. So what you're
saying is, and I want to get John Fuller On.
So what you're saying is she'll have to come up
with it. Well, that's not true ninety nine point nine
percent of the time, Pamela, because what happens is for
them to get the insurance settlement, they have to they
(54:16):
have to waive her. They have to give her a waiver.
They have to give her a release, or her insurance
company won't pay for it. So I don't have any idea.
They're not supposed to come to her and ask for
the balance unless they don't take the insurance. And if
they don't take the insurance, then they would go after
her for the whole thirty thousand. But that's going to happen.
(54:39):
I don't who is telling her. Who is telling her
she has to pay? You know what, they both have Progressive.
So what's happening is Progressive is pissed. And here's why.
Here's why Progressive has to pay the twenty five that
you owe to the guy, and then they're gonna pay
(55:00):
five grand of this guy's out of pocket, probably from
his coverage, which will put them out a total of
thirty grand. They would rather only be out a total
of twenty five grand. So they're trying to hoodwink you
into paying the five grand out of pocket. So your insurance.
Speaker 5 (55:21):
Agent is a scumbag. Okay, that is highly unethical.
Speaker 3 (55:29):
Hang on, I want to talk to actually Compass insurance
group coming up, and we can also talk to John Fuller.
This is really important.
Speaker 5 (55:38):
We don't talk about it enough.
Speaker 3 (55:40):
But when you both have the same insurance company, that
insurance company fights for their own rights and what will
ding them the least, And that's what they're trying to
do here. They're trying to trick you into saying, well, Pamela,
you're gonna have to pay the difference because they don't
want to give this guy, give you a complete release
(56:02):
if this guy gets the twenty five, because then he's
gonna go to his own coverage for the extra five
and they don't want to be out the whole thirty.
I think you understand what I'm saying. We have more
coming up on The Troubleshooter Show. Three oh three seven
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Speaker 5 (56:23):
Put him to the test.
Speaker 3 (56:25):
That's eight eight eight Heating dot Com three oh three
seven seven zero two seven, seven six 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
(56:46):
insurance check up free, no obligation. In comparison, call Compass
Insurance paying too much your coverage at dozens of insurance
companies find out now three oh three, seven 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 all three
nine two zero sixteen twenty two. Hi Tom Martine, your
(57:10):
trouble share three all three seven one three talks seven
one three eight two five five. I want to ask
John Fuller his opinion on this. He's a personal injury attorney,
but he deals with insurance all the time. John, I'm
gonna lay this out to you. So this woman is
in and let's call her Mary. It's Panela's sister. So
Mary's in an accident in a roundabout. The guy she's
(57:32):
in an accident with, she says, swerved whatever there were.
The accident report shows no fault, It just shows what happened.
And they both have progressive insurance. So this guy's car
apparently either has twenty five or thirty thousand in damage
or is worth thirty thousand. Her Progressive agent called her
(57:54):
and said, since you both have Progressive and your limit,
your policy limit is only twenty five grand, you're gonna
have to pay the other five thousand out of pocket
to make him whole. And I said, that's weird because
normally what Progressive would do is negotiate a settlement, get
(58:17):
her a waiver or whatever you call it, and they
would get her a release and make a full policy
settlement because they have to act as a fidentiary for
their insured. But because both of them are insured, this
is what I suspect. I might be right wrong, John,
I suspect because they're both insured by Progressive, this agent
(58:41):
is thinking, I'm going to save the company five grand,
because if she only pays twenty five grand, this guy
is going to go against his own policy for the
extra five or six or whatever, and we're going to
be out as a company thirty grand, where if she
pays five, we're only going to be out twenty five.
I looking, am I is that too paranoid? Or is
(59:04):
that possible?
Speaker 1 (59:05):
Tom?
Speaker 10 (59:06):
There's only one insurance company that I see routinely put
their interests so blatantly ahead of their insured and it's progressive. Okay,
I've seen him do this multiple times over, especially in
the medpay context, and especially when you've got you know,
progressive insurance getting into accidents with other progressive insurance. You're
(59:28):
absolutely right, they're certainly putting their interests ahead of their insured.
If I were this caller, I would simply say, no,
protect me. Your job is to get this thing done
within the limits of my insurance and to make this
go away. If this guy has, you know, has damages
that are greater than that, if he's not insured himself,
(59:50):
you know, he's got an option. He cannot accept my
policy limits and choose to come after me directly, or
he can file it on his own insurance and with
the policy that he also paid you for. But under
no circumstances should the progressive you know claims person or
agent or whoever it is that they're dealing with be
(01:00:10):
advocating against their own insured and suggesting that she come
to the table with money just to protect their own
insurance company from having to pay out those same damages.
Speaker 3 (01:00:23):
So I was right on Pamela. John Fuller is way
more experienced. And Pamela, did you hear what he just said? Yes? Yes,
Now you know what to tell your sister. She says, Listen,
you have a fiduciary responsibility to settle this on my behalf.
I'm and if you settle for policy limits, you better
damn well get me a release. And if you don't,
(01:00:47):
then let this guy come after me personally.
Speaker 20 (01:00:51):
Okay, Can I ask another quick question, Tom, Yes, you
can to John Fuller directly.
Speaker 3 (01:00:58):
Why let's do that? Go ahead?
Speaker 16 (01:01:00):
I just as we stated this, this kid was he merged.
He didn't, you know, signal he was at.
Speaker 21 (01:01:09):
Fault, according to my sister, And the takeaway when she
left was that it was going to be written up
as So what can she Pamela?
Speaker 3 (01:01:20):
I mean, is there, Pamela, I know what you're going
to say. What can she say? You know what to
try to argue fault at this point truly is feudal.
What difference does it make she's covered? Okay, you know
I know you're thinking, Wait a minute, she wouldn't have
to worry about this five grand at all. If it's
his fault.
Speaker 13 (01:01:38):
He'd have to pay all his own Look, I guess
what's happened to no fault?
Speaker 3 (01:01:43):
John? What do you have to say?
Speaker 5 (01:01:44):
Go ahead, John, So great question.
Speaker 10 (01:01:47):
No fault has absolutely nothing to do with property damage.
That's a twenty year old you know, insurance regulation that
was completely to do with who and which company was
responsible for pay medical bills, has nothing to do with
where we are today. But under today's rules, here's what
I can tell you. Your sister absolutely has the right
(01:02:10):
to go and file a lawsuit against this kid and
pursue her own property damage directly against them in small
claims or county court, depending on the dollar amount, and
not accept the determination of fault. However, what I can
tell you is the CoP's determination of faul isn't really
binding on anybody. There's no true box that they check.
(01:02:31):
And this is why I always advocate dash cans, because
so frequently these days we get into he said, she
said accidents, and the reality is unless the cop witness
the accident, they can't make a determination of who's more
credible and who's at fault. They just take all the
statements and all the witnesses and they kind of boil
(01:02:51):
it all out, and whatever comes out of the mix
is what they do, but it's not binding on anybody.
So either accept the determination of the insurance company, which
they have a right to make, or don't accept it
and go and file a lawsuit on your own behalf
against the atpahul driver and let a judge.
Speaker 3 (01:03:09):
Or what about this, John?
Speaker 10 (01:03:10):
Final?
Speaker 3 (01:03:11):
What about this?
Speaker 14 (01:03:11):
John?
Speaker 3 (01:03:12):
What about this? What if she says, okay, you know,
pay out my policy limit and get me a release,
and after that, can she go after the guy for
damage to her car directly?
Speaker 6 (01:03:30):
Yeah?
Speaker 10 (01:03:31):
I mean technically that release that.
Speaker 13 (01:03:35):
I mean, yeah, the release that her insurance.
Speaker 10 (01:03:38):
Company gets for paying that guy's damages. You know, it
won't be a very good fact if you go to
court and the guy says, look, your honor, her own
insurance company decided that she was at fault and paid
my damages, and now she's wanting to come in here
and advocate that I'm somehow responsible for her car. It
won't be a good fact for you. But but that
(01:04:00):
release that has to do with that other guy's vehicle
is not at all binding on you for your vehicle,
So I mean, technically you could.
Speaker 8 (01:04:10):
Yeah, it would be a great day for it.
Speaker 3 (01:04:12):
But okay, John, I really appreciate your information, though John Fuller,
as I said, you can always call him for information.
Three zho three five nine seven forty five hundred five
nine seven four five zero zero.
Speaker 5 (01:04:27):
Do you have any other questions from Pam?
Speaker 9 (01:04:30):
Oh? That that's it.
Speaker 18 (01:04:31):
I appreciate it.
Speaker 10 (01:04:32):
Thank you all right.
Speaker 3 (01:04:34):
I think you got really good information and you probably
saved your sister five grand. We have more coming right up.
Go with a sure thing Denvers best Roofer, Excel Roofing
dot com. You don't pay a cent until you're content.
(01:04:56):
Time for an insurance check up free, no obligation. In comparison,
call umpass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven one help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two. Hi Tom Martino here
(01:05:20):
three oh three seven one three talk seven one three
eight two five five. CMG Financial will get you a
mortgage if you're looking for a reverse loan.
Speaker 5 (01:05:29):
They're doing them.
Speaker 3 (01:05:30):
Talk to our friend John over at CMG. They're really
good people. And the number is three oh three eight
A two sixty six seven nine partner in lending dot com.
All right, so let me see who is going Marcus.
Tell me about a possible scam you think might be
going on. What's going on?
Speaker 19 (01:05:51):
Yeah, Tom, I've been listening to.
Speaker 9 (01:05:54):
You first time callers since nineteen eighty seven. I used
to watch you on TV.
Speaker 3 (01:06:00):
Holy crap. Thank you so much, really, I appreciate it.
Speaker 19 (01:06:06):
Yeah, and it's good to talk to you.
Speaker 9 (01:06:09):
And uh, being a senior of these days, I mean
the old Italians, you hang out, work hard, and.
Speaker 19 (01:06:17):
But these days on.
Speaker 9 (01:06:25):
Social Security insurance benefits.
Speaker 19 (01:06:29):
And yeah, the problem is that they keep calling, and
you can get on the cec F list do not call,
You do a lot of things.
Speaker 10 (01:06:39):
They call morning, day.
Speaker 3 (01:06:41):
And night, and you can use it. Well you know
what I actually actually I'm not. I often wondered about
that do not call this? Who the hell enforces it? Nobody?
Speaker 9 (01:06:54):
And you could block those calls, and they keep coming across,
so I started using.
Speaker 5 (01:06:59):
A well, different numbers come across.
Speaker 3 (01:07:02):
So what's on right now? Though specifically right now? Which
one are you calling about?
Speaker 9 (01:07:10):
There's two in Colorado that keep doing this and one
of them is Mercury Leads Incorporated during sixteen seventeenth Street, Denver, Colorado, eight.
Speaker 18 (01:07:26):
Zero two zero two.
Speaker 3 (01:07:28):
Anyway, tell me about what what are you what has
you upset about this particular call?
Speaker 6 (01:07:35):
No, it's not just them, and there's one out of
voter to envoy good.
Speaker 3 (01:07:42):
So are you basically calling to bitch about the unsolicited calls?
Speaker 6 (01:07:46):
Right?
Speaker 19 (01:07:48):
Yeah?
Speaker 9 (01:07:48):
And you can block them, you can do everything, but
you cannot stop it. And they're using phony phone numbers.
Speaker 3 (01:07:54):
Tom, Well, yeah, that's why you can't block them, because
they they heap, they get what did they call it? Rotating?
Speaker 6 (01:08:01):
Right?
Speaker 3 (01:08:01):
They keep rotating those Dmitri. You have a campaign against them,
don't you go them on secretly? Well?
Speaker 4 (01:08:09):
You know, I just kind of dove into it about
a year ago because I was sick of the spammers,
the living text messages and calls to me. And it
turns out that's totally against the law, and the law
does provide for significant penalties.
Speaker 3 (01:08:22):
That we have collected. Get on any of them?
Speaker 4 (01:08:24):
No, I have four active cases right now, and none
of the four have they haven't come to trial and
they haven't settled yet.
Speaker 5 (01:08:32):
How much are you asking for in each one?
Speaker 3 (01:08:34):
Fifteen hundred per junk text message. So what if you
don't have a text but you have a call like
this same thing? Say, how do you prove the call? Well,
they're right there on on my voicemail.
Speaker 4 (01:08:46):
So I created a recording that I submit as my
evidence of the court and a screen shot.
Speaker 3 (01:08:54):
And so it's really it seems to be, Hey, Marcus,
have you ever thought of suing them?
Speaker 1 (01:09:02):
Yeah?
Speaker 9 (01:09:02):
And then it's on boy LC out of a voter
Colorado and it's Mercury Leads Incorporated out of Denver.
Speaker 6 (01:09:11):
But it's hard.
Speaker 3 (01:09:12):
Yeah, I mean, it's nothing new, there's all kinds of
But why don't you get the information on them? And
maybe Deputy D if you want to call us back,
will help you with the logistics of going through with it.
Go with a sure thing Denver's best roofer Excel roofing
dot com. You don't pay a cent until you're content.
(01:09:33):
Time for an insurance check up, free no obligation comparison
call Compass Insurance, pay 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
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oh three nine two zero sixteen twenty two.
Speaker 1 (01:10:01):
News need advice so you don't have come run in
Just as status as we can.
Speaker 2 (01:10:10):
Shooter's gonna help come.
Speaker 3 (01:10:13):
This is the Troubleshooter Show. No Tom Martino. Hey, I'm
Tom Martino, and I thank you for being here for
the show. And we love talking about everyday life, the
things that make you tick and the things that tick
(01:10:34):
you off. So we're gonna go to the phones and
hope we can make a difference in your life. Right now,
let's see whose turn it is. It's uh, it's we're
gonna talk about the HVAC issue here with Phil. Hi, Phil,
what's happening? Good?
Speaker 9 (01:10:55):
Uh?
Speaker 18 (01:10:55):
Afternoon, Tom?
Speaker 3 (01:10:59):
What's going on?
Speaker 9 (01:11:01):
Can you hear me?
Speaker 18 (01:11:01):
Okay? I had to step outside from the office for
a connection.
Speaker 5 (01:11:05):
Yeah, I can hear you.
Speaker 3 (01:11:06):
I can hear you.
Speaker 18 (01:11:06):
Fine, okay, all right. So I'm in Colorado Springs and
one morning woke up and it was cold. My furnace
wasn't working. So I called this company called Affordable Plumbing
and Heating, and so they came out and looked at
(01:11:29):
my furnace and turned out there was a micro process
around the searcher board on the motherboard that was burnt out,
so long story short, replaced it and they charged me
four hundred dollars labor, which they still haven't recognized to
itemize on their receipt. But anyway, I have some stuff
(01:11:52):
about ethical HVAC companies playing the price gouging on people
when they're in need of heat, and I'm sure that's
never happened to you before, right Tom.
Speaker 3 (01:12:04):
Ptill. We get calls all the time. We get calls
all the time about pricing and when people have no heat.
And one thing you mentioned though that I just want
to dispel. People think now they can be if they
insist on it. But people think they're entitled to some
kind of detailed bill, and they're not. All they're entitled
to is a price, and then you agree to the price,
(01:12:27):
and it doesn't matter what they pay for the part
or what they pay for the labor. If they pay
nothing for the part and charge you one hundred dollars,
I don't care. If they pay one hundred dollars for
the part, pay and charge you ten dollars, I don't care.
The only thing I care about is that people aren't blindsided,
that they don't have a company come in and quote
one price and charge another. I'm also concerned that people
(01:12:50):
don't come in and lie to you. Now, what is
price gouging. There's no such thing. There are prices that
are too high and prices that are too low. What
I mean by too low is a company can never
sustain itself and they're going to go out of business.
Companies that charge too much that they're way out of
(01:13:12):
line and they're a pain in the ass, and I
don't think they're going to stay around either. But as
far as gouging, I imagine you could have gouging. We've
had it in the past where somebody would charge. We
had one time an older woman charged nine thousand dollars
to install a toilet. I thought that was outrageous. But
as far as what you're talking about, you had a
(01:13:34):
circuit board put in, Is that right, Phil?
Speaker 18 (01:13:38):
Correct?
Speaker 3 (01:13:40):
And what was the total price? What was the total price?
Let me grab the invoice real quick, and which and
which circuit board was it?
Speaker 18 (01:13:54):
It was the main the main board, the motherboard, okay?
Speaker 5 (01:13:57):
And was it the main board on your furnace or
on an auxiliary unit.
Speaker 18 (01:14:02):
I don't know. On the furnace, it was inside the furnace, okay.
Speaker 3 (01:14:06):
And what kind of furnace.
Speaker 18 (01:14:12):
The brand? Yes, yeah, I'm not sure if it was.
I don't have that in front of me either Lennox
or okay, okay.
Speaker 3 (01:14:22):
So they replaced the main circuit board. And how long
did it take him about?
Speaker 18 (01:14:29):
It took him less than an hour, because I mean
I helped him troubleshoot it because I'm not stupid. I
used to be a realtor. I've talked to you with
many h back people and so you know, it was
just my fan wasn't coming on, and my combustion was working,
the ignited were coming on, everything was flying my so
it was just the motor wasn't coming on. So it
was that process of that that sense went to come on,
(01:14:50):
but it wouldn't turn the fan on.
Speaker 3 (01:14:53):
And tell me why you had to help, Tell me
why you had to help?
Speaker 18 (01:14:58):
I don't help?
Speaker 3 (01:14:59):
Or or are you one of these guys that supervise everything?
You got somebody come over and you're the expert. There
are homeowners like that. Are you that kind of person?
Speaker 18 (01:15:11):
Well, I'm not the expert, but I want to make
sure that I'm I'm getting charged for what I'm actually
being done. I don't want to be told that something's
wrong and something isn't wrong.
Speaker 3 (01:15:22):
Okay, So how much were you charged? How much were
your charge?
Speaker 18 (01:15:29):
Charged? It six d and fifty eight dollars and thirty cents, okay.
Wanted to charge me more, but I asked him to
give a military discount or anither kind of discount. So
he was kind enough, I guess, to give me ten
percent off of his overly high price in the first place.
Speaker 1 (01:15:47):
So what so what was that?
Speaker 3 (01:15:49):
You know? I love your little comments about overly high price.
I know companies that would have charged fourteen hundred for this,
so just so you know, and I know companies that
are legit that would have charge fourteen hundred, and I
know companies that would have charged five hundred. Okay, But
the point is this, you could have said no, did
you ask for an estimate? Yeah?
Speaker 18 (01:16:12):
He told me what was going to cost?
Speaker 5 (01:16:14):
What did he say it was going to cost.
Speaker 18 (01:16:19):
Over seven hundred, like seven hundred and forty dollars? And
I thought that was because well, first of all, first
of all, driving driving time to get the part was
like forty five minutes to an hour. All right, so
I'm getting two hundred dollars.
Speaker 3 (01:16:32):
I'm just asking you. They gave you, they gave you
an estimate of seven hundred dollars, right.
Speaker 5 (01:16:40):
Right, And then what did it end up costing?
Speaker 18 (01:16:46):
Why, he ended up giving me a discount. So it
ended up costing six fifty eight.
Speaker 3 (01:16:52):
Okay, six fifty eight. So what are you calling about today?
What would you like us to do?
Speaker 6 (01:16:59):
I'm just calling it.
Speaker 18 (01:17:00):
Ask I guess there's no regulation as far as what
HVAC companies can charge you during normal duty hours. I mean,
this wasn't like after hours and emergency and they had
to get out of bed and come like a firefighter
and sing.
Speaker 3 (01:17:11):
You know, there's no regulation. There's no regulation fill on
any company that can charge anything unless it's a public
utility company or a granted franchise where people don't have
a choice.
Speaker 7 (01:17:28):
Then coming after a natural disaster disaster, well that's those
are special price hold on not to muddy the waters.
Speaker 3 (01:17:37):
Fill, but that's for special like plywood and stuff like
like a lot of companies after a disaster will go
out and just rake people over the coals, and there
are special price gouging laws for those specific things, but
for what you're talking about. The quick answer is there
are no regulations. Thank god, fail did that six hundred.
Speaker 14 (01:18:02):
Phil.
Speaker 3 (01:18:03):
I think you might find some regulations in Moscow still
and maybe in Beijing, I think, but you're not going
to find any in the USA.
Speaker 11 (01:18:14):
Phil, this is bo Did six hundred and fifty eight
dollars price include the service text time to go get
the part?
Speaker 18 (01:18:24):
Yes? Yeah, yeah, the part was and fifty bucks.
Speaker 3 (01:18:28):
You know, Phil, that's reasonable. I probably would have.
Speaker 5 (01:18:33):
I was gonna ask you both that.
Speaker 3 (01:18:34):
I don't know. This was more It was more than reasonable.
Speaker 11 (01:18:38):
Yeah, I mean because the labor rate to the company
is the same whether they're working on your furnace or
have to drive in traffic to go pick up the part,
they still have to pay the laborry. If you got
a motherboard on like an eighty percent furnace, which you
probably have, Phil, that's a very reasonable, below average price
(01:18:58):
for what you got.
Speaker 3 (01:18:59):
Yeah, and I know you're upset, Phil, I understand this,
But do you really want do you really want a
country where we have price controls?
Speaker 18 (01:19:09):
So two hundred dollars an hour is not too high.
Speaker 7 (01:19:14):
Most mechanics charge more than that. You go to a
dealership and have an alternator put in. They'll they'll book
it out at two hundred and fifty plus hours.
Speaker 3 (01:19:22):
That's a trick. That's a trick question. That's really a
trick question. He had a no here situation. They found
a part, located it, installed it and the main circuit board,
and they were efficient about it. It took them, he said,
less than an hour. I doubt it, but he said
less than an hour, and they charged himself six hundred
(01:19:42):
and fifty eight whatever. So the question is is that
labor charge reasonable? I don't know. There is no such
thing as reasonable. I'd say if he agreed to it,
which he did, it is reasonable. I guess. I guess.
I don't understand. And Phil, I love that you're a
longtime listener. I give you a hard but I'm asking,
(01:20:02):
what were you thinking. We were gonna say, oh my god,
you were totally ripped off. Let's call that company and
get some money back.
Speaker 18 (01:20:11):
No, well, the story is a little bit deeper than that,
do too, Okay, No, I just want okay, let's.
Speaker 3 (01:20:17):
Hear the real story. That's what I want to hear.
What's the real story. Let's hear it. After the break
all right after the break, I want to hear the
real story, he says, it goes deeper. I definitely want
to hear how it goes deeper. Okay, So hang on
three oh three seven one three eight two five five
kinhe Home Solutions remember windows, siding, doors, and more.
Speaker 5 (01:20:37):
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Speaker 3 (01:20:46):
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(01:21:08):
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hey, I'm
Tom Welcome three three seven one three talks. So Phil said,
the story goes a little deeper, but he basically is
(01:21:31):
upset because he called for no heat. A company came
out main circuit board needed replacing. Make a long story short,
took him about an hour and he was charged six
hundred and fifty eight bucks. He wanted to know are
the regulations on what people can charge? And I said, no,
that's it, that's where we are right now. So he said, however,
the story goes deeper, So Phil, go ahead, okay.
Speaker 18 (01:21:54):
Yeah, I'm here. So yeah, No, it didn't takehim one hour.
Took him two hour and one hour driving for the part.
Speaker 3 (01:22:00):
Oh I'm sorry, okay, and then whenever.
Speaker 18 (01:22:02):
Yeah, so two hours total.
Speaker 3 (01:22:05):
Okay. No.
Speaker 18 (01:22:07):
After the fact, I just felt that it was unethical
for a company to come out and you know, in
your time of need, I mean, I wanted to heat.
Speaker 6 (01:22:14):
So when he told me how much.
Speaker 18 (01:22:15):
It would cost, what was I going to do?
Speaker 13 (01:22:17):
Say?
Speaker 6 (01:22:17):
Oh, well, you know what, I did, try.
Speaker 18 (01:22:20):
To get a discount on it.
Speaker 6 (01:22:21):
But what are you going to do?
Speaker 18 (01:22:23):
Say no, I'm going to call another company and go
through this again with another company and then pay your
service feeding, you know. So it's like they have you body.
Speaker 3 (01:22:29):
No, I know what you mean, Phil, Phil, I Phil, Phil,
I get what you're saying, by the way, that you're
in a vulnerable situation and you should call a company
that you know and trust, because that could happen. They
can take advantage of it in your particular case, you
were not taking advantage of in my opinion, and I
think eighty percent of the time you would have been
charged way more than that. But what else is that?
(01:22:51):
How deep the story goes versus deeper? No?
Speaker 18 (01:22:54):
No, no, So so I was going to research the company.
So I looked it up on the Colorado Business Antique search,
and this company doesn't exist. They were dissolved, like I
don't know, eight or ten years ago, I forget exactly.
So I did a little more research. I called the
Pikes Peak Regional Building Department here in Colora Springs, who
does all the permits and stuff. You probably know that,
and they hadn't till May.
Speaker 3 (01:23:15):
I ask you something you got, You got the heat,
and you paid them a fair price. So why are
you wasting all this energy you think it's going to
get you some money back?
Speaker 18 (01:23:28):
How was you trying to make sure they're a legitimate company?
Speaker 3 (01:23:31):
Well, why why didn't you make sure they were legitimate
before you called them?
Speaker 18 (01:23:36):
I mean, if they did, they asked you when you
call a number, and they're I'm asking.
Speaker 3 (01:23:40):
Phil, I'm asking why you didn't do due diligence before
you called them? Why why after Why didn't you call
a company that we know and trust right off the back?
Why didn't you call plumb Line or fix It or
any other company that we know? Eight eight eight heating?
Speaker 5 (01:23:56):
Why didn't you call companies.
Speaker 1 (01:23:58):
That were that?
Speaker 3 (01:23:59):
How about that?
Speaker 5 (01:24:00):
Why didn't you call someone from the referral list?
Speaker 18 (01:24:04):
I've been listening to for for many, many years, but
then I moved to color Springs that I hadn't listened
to you for a long time. I just found out
you were honest, like kind of didn't gone on me
to look you up again.
Speaker 3 (01:24:14):
Well, yeah, you would have found Smith Plumbing, Heat and Cooling,
electric drains, totally honest, wonderful company. But listen, it's I
get what you're saying. So now you're looking for trouble
for this company, and what's your end game? You want
to get a discount or what you want to put
them out of business? Tell me what you want to
do for a company that came to your house when
you had no heat and charged the fair price to
(01:24:36):
replace your main circuit board.
Speaker 5 (01:24:38):
Tell me what you want to do to them.
Speaker 18 (01:24:40):
Well that was a big thing, the fair price. If
you're you know, legitimizing this, tell me how.
Speaker 3 (01:24:45):
Much No, No, I want to know in Phil's world,
how much is a fair price? Phil?
Speaker 5 (01:24:50):
I want to know in your world, how much is
a fair price.
Speaker 18 (01:24:53):
For an hour of work with the h vrack company.
Speaker 6 (01:24:57):
I looked at it.
Speaker 5 (01:24:57):
You said it took him two hours. You said it
took them.
Speaker 3 (01:25:01):
You said it took them two hours.
Speaker 18 (01:25:04):
I know that they charged me two hundred bucks an hour.
It's four hundred dollars for two hours of work. Okay, okay,
the industry standards.
Speaker 5 (01:25:12):
So how much should they have charged?
Speaker 3 (01:25:13):
Phil? How much should they have charged? What should they
have charged? One?
Speaker 18 (01:25:19):
Seems ethical to me?
Speaker 3 (01:25:22):
Okay, seems ethical? Okay, Now, Phil, what kind of business
are you in?
Speaker 18 (01:25:29):
Well, I'm retired military for one thing. But I oh
cars for auto for auto company. Now I came out
of retirement.
Speaker 5 (01:25:38):
Okay, what do you wait? You're a whostsaler.
Speaker 18 (01:25:42):
No, no, I'm a car buyer my cars.
Speaker 5 (01:25:46):
Yeah, but when you buy them and then you resell them, right?
Speaker 1 (01:25:52):
Uh?
Speaker 9 (01:25:52):
Yeah?
Speaker 18 (01:25:53):
The company result them, yeah, the dealership result them.
Speaker 1 (01:25:55):
Yeah.
Speaker 3 (01:25:56):
How much do they resell them for? Let's say you
buy a car for five what do you resell them for?
Is it reasonable? Well?
Speaker 18 (01:26:03):
It it all depends what we buy the car for, because.
Speaker 3 (01:26:07):
Well, I want to know. I want to know. What
if you get a car? Wait, what if you get
a car that's worth five grand but you only pay
two grand for it? Tell me do you sell that
for what.
Speaker 18 (01:26:18):
It's It's never the same. Sometimes we lose money on cars.
Speaker 3 (01:26:22):
That's really Isn't that something? But let me ask you,
does anyone regulate what you can sell that? Does anyone
regulate what you can sell that car for.
Speaker 18 (01:26:34):
Other than Kelly Bluebook and the dog it?
Speaker 3 (01:26:39):
That's not a regulation. I'm asking you who regulates what
you wait, who regulates who.
Speaker 5 (01:26:45):
Can buy that car and how much?
Speaker 18 (01:26:50):
Dealers set the price and the public sets the price
basically because they're not going to buy something that's overpriced.
Speaker 3 (01:26:57):
Really, okay? Is desperate? What if someone is desperate for transportation? Yeah?
Speaker 18 (01:27:07):
Un listen to a vehicles you really want badly, and
there's the supplying demand, the good old supplying demand.
Speaker 3 (01:27:14):
Okay, except when it comes to no heat, no no, no, Hey, Phil,
Like I said.
Speaker 18 (01:27:21):
I didn't kill two o'clock in the morning. That's when
I expect to pay a premium for them to come out.
Speaker 3 (01:27:27):
You didn't the only part what time did you call
the only part we all disagree on with you is
you got a fair price. In your mind, it's not fair,
but every other company would probably charge you more, and
I think eighty five percent of them would charge you more.
Speaker 1 (01:27:43):
Maybe.
Speaker 4 (01:27:45):
Hey, guys, I think there's something missing from what Bill
Phil actually paid for. It's not just the two hours
of the mechanics task trying. It's the education he had
to get. It's the training, of.
Speaker 3 (01:27:56):
Course, the insurance, the workman's everything. Yeah, the gasoline.
Speaker 4 (01:28:02):
It's it's also his ability to respond to Phil's call
so quickly.
Speaker 3 (01:28:06):
So that's really what you're paying for. But listen, here's
the deal. Phil's involved in one of the most dishonest
industries on the face of the earth, automobiles, and he's
calling to bitch about two hundred dollars an hour.
Speaker 5 (01:28:21):
I'm done, Thank you Phil.
Speaker 3 (01:28:23):
By three oh three seven one three eight two five five.
Let's move on to somebody with a real problem. Katie,
what's going on with you? And sill?
Speaker 15 (01:28:32):
I thank you for taking my call.
Speaker 3 (01:28:34):
Tom, I have what's happening?
Speaker 13 (01:28:38):
Well, I have we hired a contractor and he was
a friend of ours, and we did cardinal rule that
we shouldn't have done, and we put gave him money upfront,
but he said how much?
Speaker 15 (01:28:52):
I gave him ten thousand.
Speaker 10 (01:28:53):
Dollars and and what was it?
Speaker 5 (01:28:56):
What was the ten grand four?
Speaker 15 (01:28:58):
Well, he said he was going to use it to
pay things, mostly for our permits through Jeffco.
Speaker 6 (01:29:04):
Okay, what was the name?
Speaker 3 (01:29:05):
What was the name of the contractor?
Speaker 15 (01:29:08):
Well, I don't really want to tell you right now
because I just kind of want to keep it a
little personal. He was a friend and he has since
passed away.
Speaker 3 (01:29:19):
Oh okay, all right, but we were.
Speaker 15 (01:29:21):
Granted our permits, so he did pay our initial permit.
Speaker 18 (01:29:24):
Fee with it.
Speaker 15 (01:29:25):
But there's a seventy five hundred dollars balance, and like
I say.
Speaker 3 (01:29:30):
Right, oh wait, wait, there's a seventy five hundred balance
that went to his estate.
Speaker 15 (01:29:34):
Right, yes, exactly, now I'm learning. So we did file
a claim against his estates through JEFCO. And we heard
from his attorney that it was denied because they claimed
it was filed against his personal estate and not his business. Now,
his business is not an LLC from what I can determine,
(01:29:59):
I'm not exactly sure how his business was held.
Speaker 3 (01:30:02):
All right, I want you to hold on, hold on,
We're gonna get Dan McKenzie on. Let's let's get in
a state attorney on who knows about these things? I'm
Tom Martine three O three seven one three eight two
five five. Go with a sure thing Denver's Best roofer
Excel Roofing dot com. You don't pay a cent until
(01:30:25):
you're content. Time for an insurance check up free, no
obligation in comparison, call Compass Insurance paying too much your
coverage at dozens of insurance companies find out now three
oh three seven seven to one. Help. You'll think you're
his only customer when you choose Frank Durand the real
estate Man dot com to list your home with Remax
(01:30:46):
Alliance three oh three nine two zero sixteen twenty two.
Hi Tom Artino here at three oh three seven one
(01:31:06):
three talk seven one three eight two five five Katie,
So listen this contractor you hired. I want to get
our expt. Oh he's not on yet. Well, Kachina, are
you trying to get Dan McKenzie on? Kachina trying to
get Dan McKenzie on. Please, I'm going to go to
Brian right now while we wait to try to get
(01:31:27):
Dan on. Okay, So what's going on.
Speaker 22 (01:31:30):
Uh, Brian, Hey, Tom, how's it going today?
Speaker 5 (01:31:34):
Good man? What's happening?
Speaker 18 (01:31:36):
Good?
Speaker 22 (01:31:37):
So, I guess part of it's going to be informational.
Part of it's going to be, you know, uh kind
of looking for some feedback from you. But sure, put
some put earnest money down on the house. You know,
looked at the house, liked it, put the earnest money down,
you know. Uh, started on inspections and and when we
originally walked to the property, it does have a leech field,
(01:32:00):
you know, in a septic system, and we noticed that
the leechfield was a little damp looking, even though the
area around it was relatively dry. So we knew it
was something we needed to have, you know, on inspection.
And so what we did is we had the inspection
called both a septic inspector and then also you know
the whole the whole house, you know, check for rate
(01:32:21):
on the whole deal. Sure, we had those guys come out,
and the septic guy, he's a licensed guy, right, so
he says, yeah, absolutely that that leachfield is in failure.
You know, there's green grass growing all the way around
it or in the middle of it with bright green grass,
right in the center and it's wet. So you know,
(01:32:44):
we present that to the to the cellar. And you know,
first well even before that he was saying, oh, yeah,
you know whatever.
Speaker 3 (01:32:51):
When you said it was a licensed contractor do you
mean licensed with the Health Department for septics.
Speaker 22 (01:32:58):
Yes, yes, license with the Health Recepting Inspection. Got it,
and so of course it failed. And uh then you know,
up to that point that the seller had been saying, hey,
you know whatever, you know, whatever we need to do
to make the deal, you know, whatever I need to repair,
no big deal.
Speaker 18 (01:33:17):
So we let him know.
Speaker 3 (01:33:19):
Well, I don't care, way, Brian, I don't care what
he said. I don't care what he said. What I
care about is the amendment to the contract that said
it would be fixed.
Speaker 22 (01:33:29):
Uh, getting to that, but yes, we actually didn't get
that far. He then came back and said, I absolutely
unequivocally refuse, you know, to to pay for any leechfield work.
So you know, of course we have the ability to
get out of the contract.
Speaker 5 (01:33:48):
Yes, of course, of course.
Speaker 22 (01:33:50):
And this is where this, like I said, we ended
up canceling. Are in sure getting you know, doing undoing
the deal basically, but got it where I'm going with
this is you know, where where is the function between
either health department or or and or these sellers, Because
(01:34:11):
what this guy did is he had his own guy
come out pump the tank and do an inspection it
and the leech field failed. He tells this guy he's
trying to coerce this guy into passing it into you know,
another licensed inspector into passing it.
Speaker 3 (01:34:30):
People do it all day long.
Speaker 13 (01:34:32):
And then he.
Speaker 22 (01:34:34):
Actually gets another guy out there, so he's been shopping
around who passes it sure? You know, ultimately now that
he knows it failed twice, if he doesn't put that
on the disclosure notice and doesn't disclose it to the
next buyer, you know, they probably just switched the zones
so it'll dry out and it'll look like it's working
(01:34:57):
until they go to switch to the.
Speaker 18 (01:34:58):
Two zones that are sure. Sure, And you know what,
I guess we're we're.
Speaker 22 (01:35:03):
Just it's kin like I said, it's kind of twofold.
You know, just wanted to express what happened and for
people to watch out. But also, you know, what is
uh uh, what is that next buyer's recourse?
Speaker 3 (01:35:18):
You know, when it's so nice that you care about
the other buyers. But here's the bottom line. It's up
to them to discover it, and it's up to them
to make an exception. And if they don't, who's to
say the third guy isn't right and that it won't
keep working. I mean, Brian, you're just basically wasting time worrying. Really,
you're a good guy. I can hear that, and I
(01:35:40):
used to have the same concerns I was. In fact,
here's why I was concerned. I was pissed off because
I found a beautiful home, but I found something wrong
with it that was significant. I happen to know people
who could fix it, but I knew this guy wouldn't
get it done. The seller and he canceled my contract
saying no, we're not going to do it, so we
(01:36:02):
walked away, but I knew that someone else was going
to get screwed, and worse than that, the real prop
bottom line was, I was pissed that I couldn't get
the house, but I wouldn't pay for a defect like that,
whereas he can get somebody else who's unsuspecting to pay
for it. Now, I could be a prick and walk
up and knock on the door and say, hey, if
(01:36:23):
you are looking to buy this house, or if you bought.
Speaker 5 (01:36:26):
This house, you know, I got something to tell you
about it.
Speaker 3 (01:36:29):
And people do that a lot. I mean, it's really
none of your business in a way. Okay, but sure,
I don't you know, this seller has a lot of
liability if it turns out to be a failure and
he withheld pertinent.
Speaker 7 (01:36:42):
Information and he's gonna have he's going to have to
have a license professional lie about it. I mean most jurisdictions,
like all of Douglas County. I mean, you have to
have a licensed professional sign off. And if someone comes
out there and lies that it's in good shape, they
could lose their license.
Speaker 3 (01:37:01):
Yeah, but what if it's a difference of opinion, Because
people do this all the time with foundation repairs and things.
They do it all the time. They shop the person
that gives them the best answer. Now, this seller can say, look,
I just depended on an expert. Now you can say,
but why didn't you depend on the first two experts,
(01:37:23):
And he can easily say, because I wanted to make sure.
I mean, it's too hard to get involved in this
thing at this point, it really is. It's really let
the buyer beware and Mark, what do you think. I mean,
I'd be pissed if I knew that this guy had
had it done twice. I think it's going to be
(01:37:43):
about it.
Speaker 7 (01:37:43):
I think it's going to be hard to find a
license professional to sign off if it's bad.
Speaker 3 (01:37:49):
He already did, he said, Brian. Didn't he already find someone?
Speaker 22 (01:37:53):
Yes, yes he did. He found that the third guy
shopped signed off on it. Wow, And yeah, I mean
it was muddy. It's been dry in the in the
area where we live, and that entire section where where
they still had those two zones operating, and it looked
like those zones had been on for probably the last
(01:38:15):
And you're a little.
Speaker 3 (01:38:16):
Pissed because you like the house, Brian, Right, you're a
little pissed because you like the house.
Speaker 22 (01:38:20):
Right you you were your story was identical.
Speaker 18 (01:38:22):
Yeah, yeah, you know and yeah you yeah.
Speaker 3 (01:38:28):
So how much is it going to cost to fix it?
Speaker 22 (01:38:30):
It's twenty grand And that's when for a new Leachfield.
Because again, just like Mark said, you have to have
someone now a days. You can't just put in your
own leach Field. You have to have a license.
Speaker 3 (01:38:44):
Well, you never could put in your own leach You
never could put in your own leach field. Well, not
that I know of.
Speaker 22 (01:38:49):
You'll have to tell that to my dad, I guess.
Speaker 3 (01:38:51):
But well, I mean, I guess you could have fifty
years ago. I mean when I came to Colorado, even
forty five years ago, when I was building a home,
I had to have everything approved on that leech field
and on that septic system.
Speaker 5 (01:39:06):
Yeah yeah, really Now, now, Brian, you.
Speaker 6 (01:39:09):
Heard the price.
Speaker 22 (01:39:10):
He was just he was just done it. And again,
you know, I'm not going to buy a house with
a known defect, you know, when we were offering, you know,
full asking on it.
Speaker 3 (01:39:19):
So but if you like the house, what I'm asking
seriously is this, would it be a deal breaker?
Speaker 5 (01:39:26):
That extra twenty grand?
Speaker 22 (01:39:29):
It would because it's it's top dollar for a top
dollar house. You know, no other concessions, no other anything
off the house.
Speaker 3 (01:39:39):
So okay, Well, someone else is going to get the house,
and they're probably going to be fat and happy for
a few years, and then they're going to have to
fix the septic system.
Speaker 22 (01:39:48):
Yeah, very true.
Speaker 5 (01:39:51):
You know, I mean, how do you stop it?
Speaker 3 (01:39:53):
I mean, you could be a real jerk. I mean,
I don't mean a jerk. You could be a real
like concerned citizen and prote outside the house. I mean,
you know, I mean you could disclosure form.
Speaker 7 (01:40:05):
I wonder if it says like I wonder how it's
phrased to where do you think the guy would be lying.
Speaker 3 (01:40:11):
Because two other people didn't pass it? And for example,
it says, let's ask Frank Duran the real estate I
want to call. Let's call Frank Duran in the real
estate man and ask his opinion. I'm serious, cool, So
hold on, we're gonna ask him. We have another expert,
Dan Mackenzie. I'm going to bring up right after this.
Dan is an estate planning attorney. We have an important
(01:40:31):
question for him. Right after this, go with a sure
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(01:40:52):
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 custom 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 Martino, you're troubleshooter three oh
(01:41:13):
three seven one three talk seven one three eight two
five five. So I want to talk to Dan McKenzie
in estate planning attorney we used as our expert. Hey, Dan,
listen to this one. This woman pays a contractor up
front ten grand. He bought her, He bought her home,
(01:41:33):
her permit to start the project. But he pays her
ten grand. She pays him ten grand, he buys the
permit and dies. So now there's a seventy five hundred
dollars balance and she wants to get it. So she
put in a claim with his estate, and Katie, what happened?
(01:41:57):
The attorney for the estate called.
Speaker 1 (01:41:59):
You, Katie?
Speaker 3 (01:42:07):
Is she not with us anymore? Can yes?
Speaker 1 (01:42:09):
Katie?
Speaker 3 (01:42:10):
Go ahead? Yeah, so ahead, Katie.
Speaker 15 (01:42:12):
Okay, I'm here. So I received from the attorney of
his estate a notice of disallowance, and when I contacted them,
I said, why was it disallowed? And she said, you
filed it against his estate. You need to file it
against his business. And I said, in the filing I
(01:42:32):
also included the name of his business. But she also
indicated well that there are pretty much no funds in
his business to distribute. But she claimed that I filed
it incorrectly, so his business does not appear to be
an LLC.
Speaker 13 (01:42:50):
So I just want to know who can I file
this against.
Speaker 5 (01:42:53):
Now, well, let me ask you this first, Katie, what
what is it? If it's not an LLC?
Speaker 9 (01:43:00):
I don't know.
Speaker 15 (01:43:00):
It's all its states?
Speaker 23 (01:43:02):
Is that you know?
Speaker 15 (01:43:02):
I made the checkout to the name of his business.
Speaker 5 (01:43:05):
What is the name of and what's the name of
the what's the name of the business?
Speaker 15 (01:43:10):
It was called one Wolf Filders, and so I made
the checkout to his business.
Speaker 13 (01:43:16):
Only when he cast the check he signed it.
Speaker 15 (01:43:20):
I made it out to him it was.
Speaker 13 (01:43:22):
You know, signed by one Wolf Fielders.
Speaker 15 (01:43:24):
So I'm not quite sure, you know, is what I
should find out?
Speaker 3 (01:43:29):
Is there a different Do you know if he's the
only one that do you know if he's the only
one that owns that business? Yes he is, because if
he is, it would be a disregarded entity. But I
want to ask Dan McKenzie, the expert here, what does
she do?
Speaker 9 (01:43:45):
Dan?
Speaker 8 (01:43:47):
I think she's got two pads?
Speaker 24 (01:43:48):
What what do you how much are you trying to
recovertate seventy I mean you're exactly at these small flames limit,
so you could file a small flames case probably, yeah,
the business and me. I mean, you know when as
a planet's attorney, we just suit everybody, right, so you
suit the age and to the business and just let
them sort it out. And then the other thing is,
(01:44:12):
I don't know how long ago you got that disallowance
to claim, but that is something you can challenge.
Speaker 6 (01:44:17):
You can then ask the.
Speaker 24 (01:44:18):
Court to uh, you can file your objection to that disallowance.
Speaker 15 (01:44:22):
You have, Yes, I have three days to do that,
so I'm I'm gonna do that. But you know you
claimed that there are no funds in this business.
Speaker 3 (01:44:32):
Dan, I'm hoping you can hold so on. So what
hang on, We'll come back with more. 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
(01:44:54):
paying too much your coverage at dozens of insurance companies
find out now three all three seven seven to one.
Hell 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 1 (01:45:15):
Ripped of.
Speaker 2 (01:45:17):
News, need advice so you don't have.
Speaker 1 (01:45:22):
Come running Just as fast as we can.
Speaker 2 (01:45:26):
Shooter's gonna help come man.
Speaker 3 (01:45:30):
This is the Troubleshooter Show. No Tom Martino. Hello, I'm
Tom Martino. Welcome to the show. This hour brought to
you by renew Home Innovations with the most beautiful shower
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get several financing options with low interest sometimes no interest.
Renew Home Innovations dot Com three oh three nine zero
four two thousand. Frank Duran in the real Estate Man's
on to answer a quick question for us we wanted to.
Speaker 6 (01:46:03):
Know about.
Speaker 3 (01:46:05):
Because it is a very important question and maybe he
can tell us. Frank Duran, Welcome, We love you, brother,
Thank you for being here. Hey brother, let me tell
you what happened, Frank. This guy Brian puts money down
on a house. He's doing his due diligence and comes
(01:46:26):
across a bad leech field. The seller says, we're not
going to fix it, take it or leave it. He's
looking at twenty thousand in repairs. He decides he doesn't
want it. He gets his earning earnest money back and
he moves on. He subsequently finds out that the seller
was shopping other septic licensed septic inspectors, and after going
(01:46:52):
through the first and the second, found a third one
who was able to sign it off, saying it's fine.
He's concerned that the next person who buys this is
going to be ripped off, and he's kind of pissed
off because he thinks the owner should be made to
fix it. So, I guess the question is what do
(01:47:14):
you do in a case like that? I mean, there's
really nothing you can do about it.
Speaker 6 (01:47:17):
Right?
Speaker 5 (01:47:17):
Would this guy be in trouble?
Speaker 3 (01:47:19):
What does the disclosure say specifically about the septic or
the sewer system? What does it say?
Speaker 5 (01:47:26):
Does it say did you ever.
Speaker 3 (01:47:28):
Have a problem?
Speaker 5 (01:47:28):
Do you know of a problem? Is there a problem?
Speaker 3 (01:47:30):
What does it say?
Speaker 6 (01:47:32):
Yeah?
Speaker 18 (01:47:32):
Tom, great questions?
Speaker 25 (01:47:33):
So that is actually item eye of the seller's property disclosure.
It says specifically this, It says if you know of
any problems ever existing? And they put in all bold
ever existing with the following check yes. And one of
those questions is the septics. So they talk about when
the last time it was pumped on, any problems with
the septics, So that would need to be disclosed if
there was ever a problem, even if the problem has
(01:47:56):
been fixed subsequently, if there was ever a problem, it
must be disclosed.
Speaker 3 (01:48:01):
If this guy does not check yes on that because
it was a failed leach Field, even though he found
someone who said it wasn't failed, can he claim well,
there really wasn't ever a problem because the third guy
said it was a misdiagnosis.
Speaker 25 (01:48:18):
Well, Tom, you know, yeah, technically he could put that
on there, but he might be getting himself into some
muddy waters if he does that. And uh, you know,
and quite honestly, let me ask you this, the buyer
who wrote the offer, I'm trusting they had a realter, correct, Yeah,
well I I think so, yes.
Speaker 3 (01:48:34):
Okay.
Speaker 25 (01:48:34):
So another thought too is that relter could potentially send
an email to the listing realtor and say, hey, we
have concerns about this for this reason or whatnot. You know,
just a food for thought, because then it becomes sort
of a red flag now that rilter has knowledge of that. Realistically,
what they should be doing is talking to their clients saying, hey,
you know, here's a concern, get a new buyer involved,
(01:48:54):
and you say, okay, this could you know you, mister
buyer should still do your own du diligence and do
your own inspection as well. Yeah, yeah, yeah, you know,
because there have you ever had people well that's right,
come go ahead.
Speaker 5 (01:49:09):
No, I'm fine, go ahead, Frank, Well, I was.
Speaker 25 (01:49:11):
Going to say, on the seller's property disclosure, there's also
a portion a lot of people forget about this where
it says advisory to buyer and where the buyer actually
signs that. It says the buyer should thoroughly do their
own investigation as well, not just solely rely on the seller.
So that is a portion that buyer does acknowledge and
sign as well.
Speaker 3 (01:49:29):
Have you ever had something that was certified that turned
out to be.
Speaker 25 (01:49:34):
Bad, certified to turn out to be bad?
Speaker 7 (01:49:38):
I remember one that Frank was involved in, or at
least helped us out. I don't know if he was
a realtor, but it was a town home and one
side flooded and on the disclosure they put there was
never flood damage, and then of course the neighbor who
still lived there knew that it flooded and there was
(01:49:58):
flood damage.
Speaker 25 (01:50:02):
Boy Mark, that goes back. I've never personally Tom had
that that I could recall that I can. Yeah, I've
done so many of these, but yeah, I mean instances
like this where we've helped him with troubleshooter, I've seen it.
Speaker 3 (01:50:14):
Have you ever had any, Frank, how about this one.
Have you ever had any where you rejected something due
to an inspection item and you know they never addressed
it or fixed it, and they resold it to someone else.
Speaker 25 (01:50:30):
Sure, but if that happens, then it becomes a point
of disclay. If I'm on the listing side, we certainly
would disclose that and I would tell my seller that's
adverse material fact if we have knowledge, and that would
be disclosed. And I've never had a problem with anybody
doing that. Now if they did, I'd have to politely
give the listing back, Tom, because that can get you
in a lot of trouble if you're not disclosing those things.
Speaker 3 (01:50:50):
No, I know it, Frank, I mean you're very upfront
about that.
Speaker 5 (01:50:53):
You've I've dealt with you in the past. Of course,
on many houses.
Speaker 3 (01:50:57):
Frank Duran, the real estate man dot Com went away
better than Frankie.
Speaker 7 (01:51:03):
I remember one Frank that you were you. We just
had this discussion last week. He sold a town home
and they said that the address was correct. Now I'm
not getting this perfect, but in that the address had
been split properly, and everybody thought it had. But it
did not get split. In other words, it was just
(01:51:23):
one room. But that was literally on the disclosure for
a townhouse.
Speaker 3 (01:51:27):
You told me, right, yeah, So what it.
Speaker 25 (01:51:30):
Was is we had checked with title ahead of time
to confirm this and they'd said it was legally split.
And so what happened is when we'd got to close. Now, now,
typically guys, though in a normal transaction, what would normally
happen is the buyer would say, okay, well, then why
don't you just fix it? Title offered to fix it.
This particular buyer says, nope, what else you're going to
give me? And it became a point of negotiation. Of course,
(01:51:52):
it went to mediation. It did you finally get solved,
Thank god, it did. But that was something where we
the title company had erroneously said it was split when
it was not.
Speaker 3 (01:52:04):
Thank you Frank durand the real estate man dot com
three oh three nine two zero sixteen twenty two. Don't
forget his free market evaluations as well.
Speaker 5 (01:52:14):
So, Katie, we talked to Dan McKenzie off the air.
Speaker 3 (01:52:22):
He had to run.
Speaker 5 (01:52:23):
He said, the best thing you're gonna do.
Speaker 3 (01:52:25):
First of all, if it's a single member LLC or
a single member business, it's going to be a disregarded entity.
You don't have to go after the business. You can
go after him personally, and you can do it in
small claims court. He said, you should probably sue both
the estate and the company both.
Speaker 15 (01:52:43):
Okay, great, and since.
Speaker 3 (01:52:46):
It's seventy five hundred, you have the luxury of going
to small claims court.
Speaker 15 (01:52:50):
Okay, that's that's good advice. Thank you so much. I
appreciate it.
Speaker 3 (01:52:55):
Do you think his personal estate has the money to pay.
Speaker 15 (01:53:00):
His personal estate?
Speaker 3 (01:53:01):
Does? I know?
Speaker 9 (01:53:02):
His business does not?
Speaker 13 (01:53:04):
So that's why I felt, you know that, I was.
Speaker 3 (01:53:09):
Very disc almost does his personal estate have.
Speaker 15 (01:53:13):
Well, here's all I know they He and his family
owned several pieces of property in Jefferson County, so I
know that much. Now that's not to say that things
are you know, I don't know.
Speaker 18 (01:53:32):
You know, we'll see, you.
Speaker 22 (01:53:33):
Know, we'll see.
Speaker 5 (01:53:35):
Yeah, it doesn't matter what his family owns, you know that, right.
Speaker 15 (01:53:38):
Right, yes, exactly, it's his personal estate. I'm saying, he
and his wife.
Speaker 13 (01:53:42):
I know, he and his wife. We're doing just fine,
but the.
Speaker 15 (01:53:47):
Business itself probably wasn't. So if I can go after
the personal estate and recoup it, that would.
Speaker 3 (01:53:56):
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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
(01:55:03):
dot com to list your home With Remax alliance three
oh three nine two zero sixteen twenty. Two, Okay I'm.
Speaker 5 (01:55:14):
Tom, martino your trouble.
Speaker 3 (01:55:17):
Shooter welcome to the. Show so we have some interesting
things in the NEWS i wanted to talk. About but
get your calls. In i'll take your. Calls The Treasury
department suspended that ridiculous AFTER i spent time doing all
of our little businesses THE boi Beneficial, wait, wait that's
(01:55:41):
good for beneficial ownership. Interest, yeah you don't have to
you don't have to fill that out. Anymore oh Was
biden thinking that we're trying to get to. Everyone he
had to have something for those new twenty million irs
agents to.
Speaker 14 (01:55:59):
Dot moron Using biden and thinking in the same, sentence is.
Speaker 3 (01:56:08):
Was his administration the absolute worst For god's sakes in my.
Lifetime although people would Argue biden created, this it Said
biden created it to target mainly small to medium sized
businesses and mainly because most of those were skewed. Conservative
(01:56:29):
do you really believe he'd be that small? Minded.
Speaker 4 (01:56:32):
ABSOLUTELY i, mean if you look at the, exemptions it's
something like over twenty twenty employees or.
Speaker 3 (01:56:38):
Exempt there is no need FOR. Boi it was created
to help stop. Crime under The biden, administration they were
also doing audits this stop. Too remember they were going
to start requiring you to send in information on any
expenditure over six hundred dollars on any. Account, Ever, YEAH
(01:56:59):
i think that preceded The biden.
Speaker 4 (01:57:01):
Administration that WAS i believe that was supposed to start
during The obama administration and then they reversed it at
the last.
Speaker 3 (01:57:08):
Minute and now they reversed it. Again but they're not
going to be able to do. This but can you
imagine submitting and this is not just for, business this
is everyone in The United states with a bank, account
not just a bank. Account that was for all.
Speaker 4 (01:57:24):
Everybody you paid as a business more than six h
six hundred, bucks that's a typical ten ninety nine.
Speaker 3 (01:57:29):
Requirement, yeah but they wanted a special. Report you had
to show the transaction in your bank. Account. Yeah, Man
Basically biden was saying everyone, sucks everyone's crooked and we're
going to go out and get them. All, yeah and
look who's talking The biden crime. Family and do you
know that they were literally looking at The Catholic church
(01:57:54):
as a domestic terrorist. Organization that that's coming out now
that we have THE fbi being taken over by saying
people so and also domestic terrorists were people against abortion?
Speaker 4 (01:58:11):
Rights were those who spoke out at school board meetings
against school board?
Speaker 3 (01:58:18):
Policies oh, oh parent teacher organ all kinds of parent.
Organization mothers got thrown in jail for. Opposing but they
were being. Investigated they were being. Investigated that's what's scary about.
It so you don't have to worry about that trap. Anymore,
really to be, curious how youse tariffs go? Tomorrow how the?
Speaker 5 (01:58:43):
Oh now tell me what's going on?
Speaker 3 (01:58:44):
There, well Tomorrow's mexico And, CANADA i think on. Everything,
oh that's, Right, well that's, right because what was he
what was he asking them to do to avoid that
they refused to do coming into the country killing our.
People WHAT i don't understand is how do you just
(01:59:08):
how do you basically come on man In, mexico you
hit the cartels that are bringing it.
Speaker 7 (01:59:13):
In but because the cartels are in bed with the
president and the entire. Government that's pretty hard to. Do,
NOW i want to tell you about some popularity issues
THAT i find. Amazing so somebody did a poll and
actually this is.
Speaker 3 (01:59:33):
iHeart. iHeart though didn't do the, poll but they they
summon the poll for the approval of issues covered by
The trump. Administration how what percentage of this country do
you think supports deporting criminal illegal? Immigrants, well anybody that WATCHES,
(01:59:59):
tv no say it's eighty. Percent, okay, yeah you're. Right
and so did you see this entire? POLL i see
those polls every.
Speaker 7 (02:00:09):
Day they change, constantly BUT i mean typically that particular
question hangs right about eighty Percent democrats of courting on
the Lower republicans, hire but across both it's eighty percent.
Speaker 5 (02:00:23):
Who believes indge in what they're.
Speaker 3 (02:00:26):
Doing sixty.
Speaker 1 (02:00:27):
Percent what?
Speaker 3 (02:00:28):
Percentage seventy six, percent, wow seventy six. Percent, now who
wants to actually close the border or put in additional
strict security and? Policies what? Percentage sixty three, percent seventy six,
(02:00:48):
percent seventy six. Percent what about this? One, oh this,
one keeping biological men who are born men out of
women's sports sixty nine percent according to the Latest, oh
that's actually. Shocking i'd like to hear from one of the.
(02:01:10):
Reports what's shocking about? It you thought it would be? Higher,
oah by. FAR i can't imagine anybody, that, LIKE i
think it was a javelin. Thrower, no it was a pole.
Vaulter pole Vault what is?
Speaker 1 (02:01:21):
That pole?
Speaker 3 (02:01:22):
Vaulting pole? VAULTER a.
Speaker 7 (02:01:24):
Vaulter vaulter was in povolts mediocre at best on the men's,
team so he switched over to the girls team and
of course won the.
Speaker 3 (02:01:33):
Gold it's. Crazy you know what else is? Crazy? More
what about the percentage of people that believed the government
in their applications and otherwise should declare only two.
Speaker 5 (02:01:46):
GENDERS i, mean who wouldn't it's sixty eight.
Speaker 3 (02:01:51):
Percent, god it's so. Crazy what percent wants to end
race based hiring seventy? Five sixty five?
Speaker 14 (02:02:06):
Percent, well there are a lot of dumb people out.
Speaker 3 (02:02:10):
There well what? Percent, NOW i don't even know what
that means race based hiring BECAUSE i didn't see the
question that means was? It it's pretty.
Speaker 7 (02:02:19):
Simple they hire people based upon the color of their
skin instead of hiring them on you, know what they.
Know it's pretty simple and well and Like mark or
does it mean go?
Speaker 3 (02:02:33):
Ahead i'll, say if you look at What.
Speaker 23 (02:02:34):
Mark said about The Academy, awards the ridiculous criteria that
they use for allowing an, entry it defeats the whole
purpose of The Academy, awards which was to reward autistic
achievement rather than reward inclusion.
Speaker 3 (02:02:52):
Policies what percent, NOW i told, you like seventy six
percent or more is in favor OF. Doge but what
percent believes we should freeze everything going to the foreign
country through usaid and evaluate each one.
Speaker 5 (02:03:12):
Independently fifty one sixty three?
Speaker 3 (02:03:16):
Percent it's more THAN i. Thought what percentage supports tariffs.
Speaker 18 (02:03:24):
As a?
Speaker 3 (02:03:24):
Weapon it doesn't say as a weapon of sixty five
sixty one? Percent what percentage wants to continue negotiations to
End ukraine war With russia Or russia's war with a sixty?
Percent but what are the other forty? ONE i don't.
(02:03:47):
Know if it was a mead, grinder fifty percent support
direct negotiations by THE us With russia And. Ukraine what
percent support cutting government and spending spending already approved By? Congress,
NOW i don't know what that means because they talk about,
doze then they talked ABOUT us, eight AND us eight
(02:04:08):
is technically already, approved but yet.
Speaker 7 (02:04:12):
A lot of that mean If congress already allocated money to,
something pulling it, back.
Speaker 3 (02:04:19):
Sixty percent think you should be able to cut it
even if the government approved. IT i can't wait till
they get rid of The department Of. Education by the,
way did that lady? REPORTS i don't, Know ACTUALLY i don't.
Know i'll check what percentage of people's support ending the
(02:04:41):
ban on offshore? Drilling eighty fifty seven. Percent, yeah that's. Shocking,
well you, know the country is kind of you, know
it's it's it's it's right WHERE i think it's mostly
(02:05:02):
down party, lines except there's a big percentage of liberals
that come. Over because you the country is pretty much
fifty to fifty liberal, conservative not according you've said so. Far, well, no, no,
no you're right according to these polls on the, issues
(02:05:22):
excus more. Conservative but the, country as registered voters, go
aren't they more fifty to fifty or? NO i thought, They, well.
Speaker 23 (02:05:31):
Look at the vote on the last presidential. ELECTION i
mean it was like fifty one forty.
Speaker 3 (02:05:36):
Nine, Right, Well i'm not talking about who voted for.
Speaker 5 (02:05:39):
People, No, No i'm talking ABOUT.
Speaker 23 (02:05:43):
I was supporting your theory that it's about fifty to Fifty, tom.
Speaker 14 (02:05:47):
Even the general election people it was it wasn't that
far from.
Speaker 3 (02:05:51):
A fifty to fifty.
Speaker 5 (02:05:52):
Split it was when you looked at the. Counties, well,
No i'm.
Speaker 14 (02:05:57):
Talking about the popular.
Speaker 3 (02:05:58):
Vote oh but when it comes to, liberals there are
more liberals per capita In colorado than In. California we
always talk about how Liberal california. Is colorado's more. Liberal
it's because they all moved here From. California, yeah can
(02:06:20):
you believe? This and now they roached out our.
Speaker 5 (02:06:22):
State, anyway we have more coming. Up I'm Tom.
Speaker 3 (02:06:25):
Martino three oh three seven one three talk seven one
THREE a two five. Five you are listening to The Troubleshooter.
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(02:06:48):
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(02:07:10):
oh three nine two zero sixteen twenty. Two, Hey I'm
tom three oh three seven one three talk three o
three seven one three eight two five. Five you, know
we were talking a bit about The, oscars OR i,
(02:07:31):
was AND i really believe WHEN i said this that
The oscars last NIGHT i think was one of the
Best oscar Shows i've. Seen AND i don't, LOOK i
don't look to see, them But stephanie likes. It So
i'm there And i'm doing it. Right so What i'd
like to know is MOVIES i don't, Like AND i, guess,
(02:07:51):
WELL i don't know IF i should SAY i don't.
Like have you noticed?
Speaker 1 (02:07:55):
Though and and.
Speaker 3 (02:07:57):
When movies have an? Agenda And i'm not talking about
independent films like that do it on purpose documentaries and.
Stuff you, know there's a lot of good social commentary
done with. Movies But i'm talking about like regular, movies,
dramas live, action where they have an agenda or they
sneak in an. Agenda you mean his Name, Moore Roger,
(02:08:19):
moore that fat slab. Guy, well, no he. Does now
that's what all he. DOES i mean, that thank. You
those are his. Documentaries But i'm talking about a regular
movie that is literally pushing an. Agenda a movie like you,
know just you watch it and you, say, oh, MAN
i feel LIKE i got to take a. Shower they're
pushing an agenda of some, kind either a woke agenda
(02:08:41):
or a conservative agenda or. Whatever they're not just doing a.
Movie they're not just trying to entertain. You they're trying
to get a message. Across how about, It Tom, WELL i,
mean a good message is all in the eye of the.
BEHOLDER i don't even know what that.
Speaker 23 (02:08:58):
MEANS i was Telling walkinsuzannah about a great movie CALLED
a Six Triple eight about a bunch of black women
who were in The Women's army corn In World War.
Speaker 3 (02:09:06):
TWO i love, IT i loved.
Speaker 14 (02:09:09):
It wasn't that a great?
Speaker 3 (02:09:10):
Movie is that With Kerrie? Washington?
Speaker 14 (02:09:13):
Yeah where they did the postal.
Speaker 3 (02:09:15):
Stuff Tyler perry made that.
Speaker 23 (02:09:18):
Movie, Anyway the point is they assigned these women to
straighten out the mail going to and from the servicemen
In World war, two and they did an incredible.
Speaker 14 (02:09:29):
True, story right.
Speaker 23 (02:09:31):
True that's present an agenda that black women are as
tulable as anybody, else which is a good, message but
it's still a.
Speaker 3 (02:09:39):
Message, yeah, YEAH i did, not you know, WHAT i
can't deny, that, Doc BUT i didn't get the impression
WHEN i was watching the.
Speaker 5 (02:09:47):
Movie, well oh, no, no of COURSE i.
Speaker 3 (02:09:50):
Did you're, right they were discounting them because when black
women joined the. Military you, know when black men joined the,
military they went to. Fight, okay they had they had
black they had black, cores but they went and they.
Fought when and when white women, joined they did air
transport and they did a lot of important. Jobs and
(02:10:10):
but when when black women, joined they were given cleaning
duties and latrine and, really really, true they were given really,
menial disgusting. Tasks so what this was about was that
black women can do. Something but what that wasn't the whole.
Idea so when they discovered they had a major problem
(02:10:32):
with morale because these troops were not getting their mail
and the male was being all kind of fed up
all over the. Place the mail was not getting where
it's supposed. To sometimes letters were not delivered for six
to eight months after somebody had been, dead and and
it was it was. Atrocious but what happened was a
(02:10:53):
couple of these generals when they saw this was so screwed,
up they, said let's give it to you know, Who
and it was the black. Women and the reason wasn't
to see not because they thought they were. Capable they
did it knowing that no one could. Succeed so if
you're going to have someone exactly, so if you're gonna
(02:11:17):
have somebody, fail let it be black, women because we
know they're all. Losers, anyway that was their whole, intent
was to reinforce the stereotype and to show that you,
know they'll never get this job done and we won't be. Blamed,
hey we gave it the. Effort what they really were
(02:11:37):
not bargaining for is that when these black women were
put on assignment for this and sent to this one
central country where they had this old, headquarters they cleaned
up and made, beautiful and then they started they started
coming up with systems in order to organize and mail
started getting. Delivered they actually, said oh my, god they actually.
(02:12:01):
Work and it not only, worked it revolutionized the way
mail was sent in the armed, forces and then later on.
Speaker 5 (02:12:08):
THE Us Postal service adopted some of those.
Speaker 3 (02:12:10):
Practices it was, aspiring wonderful. Movie but when when you
talk about a movie like, that that wasn't an agenda
saying everyone is evil and only black women are capable
and they've been put down on the farm too. Long
it was it was more. Positive Tyler perry is more positive.
Speaker 14 (02:12:29):
That you can have an. Agenda that's. Good that's, Right
that's What i'm.
Speaker 3 (02:12:34):
Saying that's.
Speaker 23 (02:12:35):
Right just because they're portraying a message doesn't mean it's
a bad movie or a bad.
Speaker 14 (02:12:41):
Message this is a great sturge to send and done
in an incredible way with a movie that was.
Speaker 3 (02:12:47):
Spellbinding now one of the agenda movies THAT i absolutely.
Hated and of COURSE i, think did he win An Academy?
Award one of the guys that used to be a
talk show host here on kh you actually did he
win The Academy? Award or did?
Speaker 5 (02:13:03):
He was he nominated for the?
Speaker 3 (02:13:06):
Screenwriter look it?
Speaker 5 (02:13:08):
Up don't look? Up did anyone see the?
Speaker 3 (02:13:12):
Movie don't look? Up so? Stupid?
Speaker 5 (02:13:16):
Now what it was?
Speaker 3 (02:13:16):
About and it was all the woke actors and everything
was what it was. About it was about a comet
speeding Toward earth that was going to destroy the, earth
and they it was so catastrophic that there was no real. Solution,
well there could have been some if they started planning.
(02:13:38):
Soon So Leonardo DiCaprio's character goes To washington and the catchphrase,
was well then just don't look up if you're you,
know and and it was a direct. Correlation do you
know what it was, about, mark a direct correlation to
climate satire to climate. Change exactly what it was saying
(02:14:00):
is that if you just ignore climate, change it won't.
Happen and that's what they were saying about this. Comet
don't look.
Speaker 5 (02:14:07):
Up, NOW i will say it was a.
Speaker 7 (02:14:09):
Clever everybody believes the climate. Changes everybody believes, that but
it's whether or not it's, natural or whether or not
one country can do anything about it when the rest
of the countries, don't.
Speaker 3 (02:14:23):
Or even if all countries got. Together one, volcano one
volcanos like what every country with the worst cars ever
at any time in history for ten years or twenty
years or. Something so here's the. Deal the deal is
he it Was, sharota, right what's his? Name what's his?
Speaker 1 (02:14:45):
Name?
Speaker 3 (02:14:45):
David?
Speaker 1 (02:14:46):
David did he?
Speaker 9 (02:14:47):
Win?
Speaker 3 (02:14:48):
Well he was he was With, brown didn't they? Put
wasn't he paired With brown as a talk show host
or not or was no? Idea, yeah he was on
the afternoons with someone here ON K. HOW i forget
who he was, With David, sarota and it could have
Been Ross, KOMINSKY i don't, know but they were on
together and one was a. Conservative no, no then they
(02:15:09):
would have both been because they're never, Mind, Yeah saroda's.
Liberal Think, toto, no, no, LISTEN i know damn well
That saroda was ON. Khw you, do, OKAY i absolutely
know WHAT i.
Speaker 5 (02:15:21):
Mean it's not Like i'm.
Speaker 3 (02:15:22):
HALLUCINATING i worked AT koa FOR K how AND koa
for nearly fifty, years AND i know every talk show
host that was ever. There and he was a talk
show host in the afternoon ON, khow and then he
left and But sarota was paired with SOMEBODY i think
it Was. Kamensky Maybe ross would, know but they had
a talk show and then he. Left but he wrote,
(02:15:45):
this did he win the award or?
Speaker 5 (02:15:46):
Not did it?
Speaker 3 (02:15:47):
SAY i have no? Idea i'm still looking AT i,
MEAN i think that's pretty damn. Impressive by the, way
it was a clever use of satire the way he did.
It don't look, up but it was such a terrible. Movie,
anyway does anyone remember, where uh Where serota was on
this on this? Station let me. Know three oh three
seven one three eight two five Five go with a
(02:16:09):
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(02:16:31):
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sixteen twenty two
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