Episode Transcript
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Speaker 1 (00:00):
Yea ripped.
Speaker 2 (00:07):
News need advice, so you don't have come running just
as as you can. Shooter's gonna help come. Man Dix
is the Troubleshooter Show. No Tom Martinez, Hey Tom Martino here,
(00:27):
Welcome to the show. Three oh three seven one three
eight two five five. We're solving problems, answering questions, taking complaints.
And we had a call earlier in the show and
a woman was calling about harassment at an apartment how
she said, look, they're bothering me. I'm on Section eight.
Section eight's paying my rent, but they want to get
me out of here. They gave me a notice of
(00:49):
non complaint, excuse me, a notice of non renewal ninety
days ago, and then I just got another notice of
non compliance which gives me three days. I'm supposed to
be out of here tomorrow. And we had our attorney,
Brad O'Brien who's with us today. Brad O'Brien is Well
Brian Legal Services, a real estate law firm and helps
with real estate issues. He said that obviously they would
(01:11):
have to prove it and she'll get her day in court,
but if she's not out of there, they will probably
do an eviction. But she doesn't literally have to be
out the door tomorrow. That's just when they gave her
notice to and then if she doesn't leave, most likely
the landlord will start eviction proceedings. So Christy, what is
(01:34):
your additional question about eviction itself? And real quick? Hold on,
hold on.
Speaker 3 (01:40):
I wanted Brad to explain kind of why they are
evicting or what they're reasoning is.
Speaker 4 (01:46):
I looked at the actual notice of to terminate the
tendency and a little trying to evict her three different ways.
One of them we can rule that right away. One
is weak, and one probably has a decent chance of prevailing.
So with the one we can go through them.
Speaker 2 (02:00):
Yeah, okay.
Speaker 4 (02:01):
Number one, the substantial violation based on her allegedly harassing
office the office staff under the substantial violation statute. The
substantial violation statute is to terminated the lease early for
something that is criminal conduct, and just mere harassment of
the office staff won't arise to that level.
Speaker 5 (02:19):
Now.
Speaker 4 (02:19):
Secondly, is harassment of the office staff based on some
lease provision, some no nuisance lease provision, if it's in there.
I don't know that, I haven't reviewed the lease, but
if the lease says you can't harass landlord or other tenants.
Then potentially they could use that one to say that
it's the breach of the lease, and that's a question
of fact. That's a hard one to prove up in court.
(02:41):
That's why I say that's a weak claim. And also
judges are probably reluctant to grant eviction on some heated
discussion in the office when this Christie probably can tell
you why where she was coming from, and probably can
explain that it wasn't as bad as they're saying. The one,
the third reason why they're trying to evict her that
(03:02):
has the better chance of prevailing is she didn't She
apparently didn't pay the full deposit that was due under
the lease. And that's a hard requirement. That's easy to prove.
That's money that's due.
Speaker 2 (03:17):
Okay, Now that that's non compliance, right That that meaning
it's a breach of the contract for not paying the
full deposit, Is that right?
Speaker 6 (03:27):
Yeah?
Speaker 4 (03:27):
They can give her a ten day notice on not
paying the full security deposit. That's this isn't quite the
same ten day notice. It's not how it's drafted. So
a judge could could it could you know use that
as a technicality to make it make the landlords start over.
But another judge might just say this, you've been given
(03:47):
the ten days notice to pay the security deposit and
you didn't.
Speaker 2 (03:50):
Okay, So Christy, before you start, and I know she's
going to start on a very long diet tribe about
the security deposit. But we narrowed it down and here
here's what you need, Christie. Number one. He is saying
the two substantial violations will probably not hold up for
(04:11):
the for the criminal activity. Okay, but he said they
do have a shot at evicting you for non payment
of the full deposit. Now go about and tell your
creep deposit story.
Speaker 5 (04:25):
We have been paying it one hundred dollars a month,
spent the incident where he was like, oh, lets you do,
but I don't think you'll be successful at it, And
I was like, I'm always successful, no matter how broke
I am. I do this. So I'm paying it and
every time I pay, like three hundred dollars down, he
puts two hundred dollars under ledger, and so I started
(04:47):
documenting by taking screenshots. Every time I made a payment,
he would put something new, like he charged me two
hundred dollars for the mice.
Speaker 2 (04:56):
That okay, But but you understand something. What we're what
We're not here to try your case. We're not here
to try your case. But it is very possible when
you go to court, it is very possible the judge
is going to rule in their favor. That's what more
were you going to say?
Speaker 4 (05:12):
So it sounds here like the least says that this
large amount of money is due as security deposit upfront.
Speaker 2 (05:18):
However, that sounds like also.
Speaker 4 (05:19):
The landlord modified that written lease requirement by giving her
a payment plan, and she is more or less faithful
with the payment plan so far.
Speaker 2 (05:28):
So that's her that's her argument for the judge. That's
her defense.
Speaker 1 (05:31):
Yep.
Speaker 7 (05:33):
Yeah, she paid.
Speaker 5 (05:34):
Eighteen hundred dollars for fifteen hundred dollars in coverage. But
every since that day, I've been putting money on the
ledger until you locked it.
Speaker 3 (05:42):
So I can't make you're just going to go You're
going to go through that with the judge. I mean,
that's that's going to be your day in court. Like
we've said numerous times.
Speaker 5 (05:53):
I'm fine with that. I just don't think it's fair
that they're doing that.
Speaker 2 (05:57):
But that's what the judge is for. What do you mean?
But what do you mean by that? What do you
mean by that?
Speaker 5 (06:03):
Okay, So a cabinet fell out of my last house
and I.
Speaker 2 (06:07):
Put it on therrelevant.
Speaker 3 (06:08):
None of that, None of that has anything to do
with what's going on right now, though.
Speaker 5 (06:13):
I sent you guys more emails to show you why
it's relevant. Both companies have conjoints together, my last landlord
and my new landlord, and once they did that, that's
when they started racing. I've been paying it every month.
Speaker 2 (06:28):
Old, what do you mean you had you didn't have
two different landlords. You're in the same place.
Speaker 5 (06:35):
I'm shaying. My last my last location was under a
different real estate agency and the new one as they
are conjointed as of November there.
Speaker 2 (06:46):
But what difference does that make? It all comes down
to whether you owe the money or not. Christy. I don't.
Speaker 5 (06:53):
I don't, But they're trying to hurt me because I
told on them. I'm an activist like you.
Speaker 3 (07:00):
Look okay, okay, Christy, Christy now found the wrong because
you're fighting the wrong battles, You're gonna have your chance.
Speaker 2 (07:08):
Exactly to prove to the judge exactly what you've been doing.
Exactly what Brad said. They modified it.
Speaker 3 (07:14):
They've been taking payments from you. You prove that to
the judge through the pictures you just said. Now, now
I had to put her on hold. Tom, I'm sorry.
I'll bring her back up.
Speaker 2 (07:25):
She won't listen. She won't listen. She keeps talking about
them trying to get revenge because she's an active She
found a blind purse or something whatever. And by the way, oh,
here's all I'm going to say. Either you owe the
money or not. But I want to ask Brad O'Brien
some very basic questions. She did bring up a point
about somewhat of a moving target. How does she protect
(07:48):
herself against a moving target? In other words, if they
say she owes x amount of dollars, how can they,
in a month or two say, now you owe x
amount of dollars and it's more because we tacked on
more money. How does she keep that from happening?
Speaker 1 (08:02):
She shows proof of payment, right, Well, a lot of
this is spoken and not in writing, so her testimony
will be that they gave her a promise, which is
this payment plan, and if they changed it later, that
can be held against the landlord.
Speaker 4 (08:15):
And she can enforce the prove it. Yeah, or she'd have.
Speaker 2 (08:19):
To prove that she had an agreement that they violated.
Speaker 4 (08:22):
Yeah. These agreements don't have to be in writing. They
can this modification of the least they can. She can
orally testifies, you know, orally that what the landlord promised her.
Speaker 3 (08:33):
And show that she paid it too, right through whatever
kind of receipt I wanted to ask.
Speaker 2 (08:37):
You about, Okay, And they what if they can orally
say we never did it, we never agreed to that.
Speaker 4 (08:42):
And the judge exactly, it is enforceable to the extent
that she paid. So if they took three months on
this payment plan, then that is that shows that she
made a substantial progress towards the payment plan and proves
the existence of the payment plan.
Speaker 3 (08:57):
Yeah, or what But Brad on this second one, the
second argument they gave where basically the landlord saying you
were bothering us. And in the let's assume in the
lease it says what word did they use? They didn't
use bothering harassment, So harassment if she sent off let's
say that is in the lease, okay, and she sent
(09:18):
off ten emails going oh.
Speaker 2 (09:20):
This is crazy. You guys suck and you don't do this.
Speaker 3 (09:23):
And I found a bloody person you're all after me
and she's doing this constantly. That could be harassment. Uh yeah,
but wait, that's not my question. You said if it
was in the lease. There's probably so many people like
Bo who's got a bunch of rental properties in Denver
where that language is not in your lease. I didn't
(09:43):
realize by putting language like that in the lease, you
could actually create an agreement between you and attendant in
Colorado to where they can't harass you all the time,
where if you didn't have it in there, they could
harass you. That's a great reason and for landlords to
call you. I'm not kidding.
Speaker 4 (10:02):
Yeah, many leasas have do not have any no nuisance provision.
But it's really hard to evict on that one because
it's a question of fact, and the judge will look
at the circumstances of the arguments that one side is
saying is harassment, and the other side will say was
justified under the circumstances because they had advice to complain.
Speaker 3 (10:19):
If you got voicemails from some wacko tenant at two
am when they're drunk every night. I mean you might
be able to prove harassment and get them out of there.
Speaker 2 (10:28):
Yeah.
Speaker 4 (10:28):
That's a much murkier type of a case than just
pay the rent or did you not pay the rent?
Speaker 2 (10:32):
Yeah, I got to I want to wrap this up,
and Christy, it all comes down to this, Okay, it
really does. And if you go beyond this, you're gonna lose.
It all comes down to this. Did you have an
agreement for the security deposit? And are you following that agreement?
That's what it's going to come down to. They're going
to say you're not paying the deposit as you were
(10:55):
supposed to. You're going to say you had an agreement.
You better bring whatever evidence you have or some extra
or or extraneous notes that you've written down so you
can prove it.
Speaker 5 (11:08):
Everything is documented. Bush for your hope, all good.
Speaker 2 (11:12):
If everything is documented, you're gonna win. If I will
win if every week?
Speaker 5 (11:19):
But what constitution has or what is take me the terminology?
Am I retalitative eviction on? How do I prove.
Speaker 4 (11:32):
That retaliation comes into play in the warranty habitability statue?
If you complained about a habitbility concerned like no heat
no water termites and then they evict you. That is
harassment and that the habitability statute prohibits that. Now, the
only thing you mentioned that would come close to that
is you talked about some cabinets that were non functioning
or something. I don't really think that is a habitability item.
(11:54):
So that so the habitability statue here is not really
invoked and its own retail clauses also not to vote.
Speaker 2 (12:02):
Yeah, we have to take a break. I mean she's
either look, you either do what what we're directing you
or I mean, not do it. We're not giving you
direct legal advice, but you better look at the substantial
issue here, Christy, because you're going off on left out
and left field. They're not going to They're not going
to have sympathy for you. We have more coming up,
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(12:25):
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three nine zero four to two thousand. Hi Tom Martino. Here,
(12:53):
Now we go to Eva, who has a question on
real estate. In real estate, I hope it's a lot
easier than the last ones we called. All right, Eva,
what's going on?
Speaker 8 (13:07):
Hello Tom? Yes, I have hopefully an easy question. I
am trying to figure out in the life things that
I want to do, and I wanted to give a
house that I have to a grandchild.
Speaker 2 (13:25):
Oh God, yes, Eva, I know. I know. This is
Eva who's whose kids are taking advantage of her and
raping or blind as far as raping and pillaging financially,
you want to leave your home to your grandson.
Speaker 8 (13:42):
I will actually trust legally it's eagerly legally my son.
But I want to get out from under it, and
it needs repairs and stuff, and he's willing to do
all that. But I want okay, so the pros consfinancial.
Speaker 2 (14:01):
Okay for me?
Speaker 8 (14:01):
I don't need that house, Okay, I want to be okay.
Speaker 2 (14:05):
Now, Eva, I'm gonna I'm gonna talk to you about this,
and I have before right now, you do not live
in this house? Is that correct?
Speaker 8 (14:14):
Correct?
Speaker 2 (14:17):
Is the house? Is the house free and clear?
Speaker 5 (14:21):
Yes?
Speaker 8 (14:21):
It is?
Speaker 2 (14:23):
Okay, So you have a paid off you have a
free and clear, paid off home. You want to leave now,
you can do it in one of two ways, or
actually there's more than two. And maybe I don't know
if Brad talks about this or not, because I know
he says some is taxes, some stuff fall under the
(14:43):
realm of taxes and others. But I can tell you
this for sure. If you leave the home to your
son while you're alive, if you dat it over to
your son while you're alive, your son will inherit the
basis you have on that house. Now, that's not the
end of the world. Your basis is how much how
(15:07):
much is your house? Did you buy your house for?
Speaker 8 (15:11):
Oh my gosh, that was so many years ago, probably
over three hundred thousand, so you.
Speaker 2 (15:18):
Bought it for maybe three point fifty.
Speaker 8 (15:21):
Yeah, probably three forty eight something like that.
Speaker 2 (15:25):
Okay, let's say that your basis. Have you ever put
major repairs into that home? No? Okay, So let's just
say for argument's sake, you have a basis of three
hundred and fifty thousand dollars. Okay, that's a basis. Now
what that means is what that means is when he
(15:48):
when you quit claim it to him, he will have
a basis the same as yours. So if he goes
to sell it, if he goes to sell it, anything
above that will be taxed, unless it's this primary residence,
then he'll get a certain amount of exclusion. The reason
(16:09):
people wait until death to do this is usually because
the basis will be higher and that will mean less
taxes for the heirs. But that doesn't matter. If it
doesn't matter, for example, is he going to sell the
house right away or is he going to fix it
(16:30):
up and live in it.
Speaker 8 (16:32):
He's planning on fixing it up and doing it. Is
to call the ten thirty one where he gets something else?
Speaker 2 (16:41):
And okay, all right, well it's not called a ten
thirty one unless you do it ten thirty one, And
most people don't do ten thirty ones and they don't
know what they're talking about when they talk about them.
But in general, maybe Bradton can speak to this. In general,
if your basis is three point fifty, your son is
(17:02):
going to inherit that basis. So if he adds to
that another fifty grand, he'll have a basis of four hundred.
And since it's not his primary residence, he's doing it
for investment, then he'll have to pay tax on the gain.
And that's the way it is, however, Eva, once you
sign it over.
Speaker 8 (17:20):
To him, go ahead, Oh he does live there.
Speaker 2 (17:27):
Okay, if it's but he's going to have to live
there after you did it to him, not before, for
it to be his primary residence. For you know, it
to be his primary residence. Here's he's going to have
to live there. He's going to have to live there
for two years for it to be his primary residence.
Speaker 3 (17:46):
Go ahead, Mark, Well, all we're talking about is to
tax ramifications. How about the fact she owns his house
and everything we've ever heard about this child in the
last ten years, including stealing cars and everything else. I mean,
she might want that house out of her name because
she might be liable for the drugs he's cooking up
(18:07):
in there or whatever.
Speaker 8 (18:08):
Oh good god, are you making up things even I'm not.
Speaker 2 (18:17):
Making I mean, you've called with a lot, You've called
with a lot of crappy stories over the years. Even
Here's what I want to know. Are you willing? Are
you truly? And I need to know this once you
quit claim that home to him and release it and
it's his home, are you willing not to bail him
out when he puts a giant loan on it and forecloses.
(18:40):
Are you willing to let him go homeless? Because that's
what's going to happen to him.
Speaker 8 (18:46):
Yeah, that's my fear. But I just want to be
done with the whole thing.
Speaker 3 (18:51):
I don't think it should be any done with it.
And for a million reasons.
Speaker 2 (18:57):
If she doesn't want the house and she doesn't care
the three hundred and fifty thousand she could get for
selling it, What I would do if I were you, Eva,
is I would first I would think, why doesn't he
buy the house? Give me a reason he doesn't have money?
Speaker 8 (19:14):
Exactly?
Speaker 2 (19:15):
Eva? Okay, how is he going to pay for the
taxes and insurance?
Speaker 8 (19:22):
Well, I'm paying the second half in a couple of days,
and I'm choosing to pay that, so he won't have
a property text till January February of next year.
Speaker 2 (19:34):
It doesn't matter when it is, It doesn't matter when
he not pays it what happens when he doesn't pay
his taxes the year later or his insurance. What's going
to happen? Then? Are you going to because you said
you wanted to wash your hands of it, what I'm
proposing to you is, Eva, you're not going to wash
your hands. You're going to sign this home over to
your grandson and you're going to continue paying all the bills,
(19:55):
so you're not out from under it. If anything, you've
complicated your situation because you won't be able to evict him,
and you'll never be able to sell it, and you
will be in debt. So, Eva, you're not doing what
you want to do. What you want to do is
sell it to him. If he doesn't have the money
to buy it, he doesn't have the money to pay
taxes and insurance. What good is what you're doing. You're
(20:17):
not getting out from under it. It's still going to
be a burden. Here's what would be better. Even you
know what would be better. I swear to God, you
sell the house right now, Sell the house for as
much as you can get and give him the money.
Then you can be done with him. Then he'll have
money that he can blow on drugs and alcohol. And
(20:38):
all that other stuff, and then you can be done
with him.
Speaker 8 (20:42):
Excuse me, he's never done alcohol and drugs. You're adding
things to the story that don't exist.
Speaker 2 (20:52):
Okay, Eva, I want you to live in your la
la land. Can we agree that this kid is never
worked and taken advantage of you your whole life, his
whole life.
Speaker 8 (21:03):
Yeah, oh yeah, okay.
Speaker 2 (21:06):
So what makes you think he's going to change.
Speaker 8 (21:10):
I'm not looking at that. I am wanting to know
the consequences for me.
Speaker 2 (21:16):
If okay, here are the consequences, Here are the consequences.
If you deed the house over to him. There are
no consequences to you except the ones you take on.
So as soon as you deed the house over to him,
if he tried, if he sells it, it would be
good for you. Then he can take the money and run.
But I think what will happen instead is he's going
(21:37):
to continue living there. And this home you want to
get out from under, you're not going to be out
from under because if it needs a major repair, you're
going to step up and make the major If he
needs to pay his taxes, you're gonna step up and
pay his taxes. If he needs to pay the insurance.
You're going to step up and pay his insurance. So
my question to you is this, how designing the home
(22:00):
over to him get you out from under it?
Speaker 8 (22:10):
You know, I don't know what to say to you.
I'm not trying to convince you of anything. I just
want to know what the consequences are for me, Eva, and.
Speaker 2 (22:21):
The consequences I just rolled out. I just rolled out
the consequences. There are none. Once you sign that house
over to him, you're done with it. But what I'm
saying to you is are you really going to be
done with it? Or are you going to continue to
pay every single bill he incurs? That's what I'm asking you.
(22:43):
What makes you think it's going to change when you
sign the house over to him.
Speaker 8 (22:51):
I would like a moment to tell you his plans.
And his plan is to get alone on his own
and refurbish the place and sell it. And you were
saying that you have to live in it for two
years before there's no tax consequences. Is that correct?
Speaker 2 (23:11):
Yes? Two of the past five years. Okay, but Eva, Eva,
I didn't say there are no tax consequences. But he
gets a pretty sizable exclusion of two hundred and fifty thousand,
and most likely he'll fall under that, so he won't
pay tax on the game. But Eva, you have to
listen to me carefully. He's not going to get a
(23:32):
loan on his own to fix up the house if
she gave it to him.
Speaker 3 (23:37):
Wouldn't it be funny if she quit claimed it to
him and then he got a loan on it by
getting her to co sign on a new loan.
Speaker 2 (23:45):
That's what That's exactly what's going to happen. That's what
I'm trying to let her see. But she is so
totally blind she doesn't see it. Eva, what makes you
think no? What makes you think no? I want you
to answer a question, answer question for me. What makes
you think he will qualify for a loan on his own?
Speaker 8 (24:05):
It doesn't matter. I'm not going to co sign for anything,
and that's up to him.
Speaker 2 (24:11):
Okay, he's not going to get a loan. So what
I'm telling you is this, he's not going to sell
it for a profit, and he's going to still leech
off of you. You have not changed your life one bit.
Do you have tax consequences for deating it over to him? No,
you don't. You don't nope, but it's not going to
help you. It's not going to do what you want
(24:34):
it to do. Now, if you truly want to help him,
I can tell you how to do it. You sell
your house and give him the money, or get an
annuity for him that will pay instantly a monthly check.
That's what you do for him. If you give him
the house, you are still going to be in a
(24:54):
world of hurt. But Eva, I don't expect you to
listen to me, because you've never listened to I don't
know why you call me, because both your son and
his son have been raping and pillaging your estate for
as long as I can remember, and you are a
total dupe, a total total dupe. In fact, this is
(25:16):
one where Mark I think her son took out a
giant loan on her house and she's still paying on that.
So you're going to be duped the entire rest of
your life. Thank you, don't bother asking me for advice
anymore because you don't take it. On this transaction. I
am telling you to sell the house, get an instant annuity,
(25:37):
sign it over to that grandson, deadbeat, so he can
have his monthly income to play with. Because that's really
then he would really be out of your hair. That's
the way to do it. Three zero three seven one
three eight two five five Hi Tom Martine here. Jenna's
(25:58):
Total Exteriors, by the way, also does mold detection and
remediation and it's a company you can trust. Genesistotalexteriors dot com.
Steven has a question on titling a car. Hi Steven,
what's going on with you?
Speaker 7 (26:14):
A tom So, My sixteen year old nephew is about
to buy a two thousand and eight Dodge.
Speaker 6 (26:26):
Ram fifteen hundred, and my sister is inquiring about how
to title and ensure the vehicle. She's not sure if
they put it in his name their name.
Speaker 2 (26:39):
Well, you can't put you can't. You can't title to
a minor, Okay, So that takes it out of there, right, Then.
Speaker 6 (26:47):
Her name her name right? And then how do they
set up the insurance?
Speaker 5 (26:52):
What some like?
Speaker 2 (26:53):
Did they well, his.
Speaker 6 (26:54):
Own insurance under their insurance?
Speaker 3 (26:57):
How do they go it's got to be under there,
So a minor to get their own insurance for an automobile.
Speaker 2 (27:03):
Okay, No, but she could get a separate policy and
name him as the primary driver on that one. And
less of a driver on primary That's where you need
a good broker to run numbers because there are different
ways of doing it. As Mark said, he's never going
to hold his own policy, but she could get a
car insured with mostly him driving and then less driving
(27:24):
on the family cars. Sometimes that works most of the time,
it doesn't most of the time. You get a family plan,
you ensure the minor drivers in your home under that plan,
and then you kind of if they have their own
car under that plan, it will bring down the cost
a bit. For example, if you only have two cars
(27:47):
or one car in the family and everyone's insured, they're
going to a lot pretty substantial equal use to each driver.
If you have a car like I do, I have
a family plan and each of my children have their
own cars under that plan, and they're the primary drivers,
so they're only rated or they're mostly rated on those cars.
(28:12):
So it does keep it down a bit, but you're
still going to pay out the nose, right.
Speaker 3 (28:16):
Mark, Well, you're god, You're definitely going to pay out
the nose. I mean, the only thing I would disagree
with is in that scenario you're giving that woman would
have to have two policies and I think no matter what,
having a minor, even if he's only going to drive
the car occasionally, is still going to be high as hell.
And now you have two policies he's on. She could
(28:39):
exempt him all together from that one policy. But if
that kid ever needs a car and his isn't there
and he takes it out, man, she could lose everything.
Speaker 2 (28:50):
Yeah. Now, whether or not to have two policies or one. Listen,
what I'm saying is and I agree with Mark, and
that's why I said the best thing is to have
a family plan, but to have cars designated for the kids.
Speaker 6 (29:07):
Yes, everything you guys are saying makes absolutely sense.
Speaker 2 (29:10):
Okay, I would have you ever called Compass Insurance and
have them run the numbers.
Speaker 6 (29:15):
No, and I've directed my sister there to Compass Insurance.
I will definitely do that again.
Speaker 2 (29:21):
And yeah, more importantly, they're going to shop.
Speaker 3 (29:24):
They're going to know what companies out of the twenty
or thirty companies they shop for you that are easier
or cheaper for student drivers or miners.
Speaker 2 (29:34):
Right, Okay, that's right. Yes, Now listen what I'm what
I'm going to tell you is Compass Insurance with three
zero three nine nine six nine. Okay, yep, got it.
And and by the way, if it depending on where
you have your homeowners if you do your home and
(29:56):
your cars through one agency, that's another way you might
save money. They'll run the numbers for you. And here's
what I like. They're not afraid to tell you, hey,
we can't save you money. In fact, there were a
few years. There were a few years Mark did not
go with Compass because Compass itself said, look, we can't
save you any money. And then when it was time,
(30:18):
they could save them money. So they're really upfront and
honest about that. We got more coming right up, Hi,
Tom Martino. You're a troubleshooter. Mark. We've had some pretty
damn big cases this hour, this show. I want to
bring up Go Cat speed Shop. They're bad news. We
(30:39):
got game man, We've got to I will. I'm going
to work on that. I'm working on sleeves cread. I
really am Eric Brown seven years ago to be rebuilt.
He got this engine, he got paid seventy five dollars
up front, give me five hundred, seventy five hundred. Yeah,
I'm sorry, seventy five hundred up front. Never got anything
(31:02):
in return. This consumer will, so stay away from Gokat
speed Shop Eric Brown. Eric says, I'm trying to keep
customers away from him. Eric, you are one hundred percent right.
You are one hundred percent right based on your background
and how you've handled this case, yes, and your court records.
We are telling people to stay away from Gokat speed Shop.
(31:25):
I'm even gonna give you the number so you can
let him know the ramifications of his actions. And mister
attorney who might be representing him, listen you more on
come after me if you want. But you're gonna lose
because I am basing this on solid opinion based on
research on the Internet, on the court documents, and also
(31:45):
live consumer cases who have been ripped off by this scumbag,
Eric Brown. So if you want to let Eric Brown
know that you know about him, that might help get
people paid. That is my goal. Not to be not
to be vulgar, not to be violent, not to be stupid,
just let them know we know about you. Seven to
(32:07):
zero two eight four seventeen ninety seven two zero two
eight four seventeen ninety Now the other one, listen to this.
It's called Denver Family Dent Repair. Bobby Ward, the scum
bag up there. She is a scum sucking pig. Based
(32:29):
on what we have found out, she has taken fifty
eight hundred dollars and kept it from an insurance company. Nope,
never did a thing. She enriched herself, deposited the check
August second, twenty twenty four and kept the money. That's
Family Dent, Denver Family Dents. And I'm gonna give you
(32:51):
the number for Bobby scumbag so you can tell Bobby
scumbag that we know about that scumbag. Okay, that's a
good way to do it. Nine seven zero he's seven
zero eight nine three sixty four sixty one. Nine seven
zero eight nine three sixty four sixty one. Okay. We're
(33:16):
gonna finish up with Brad O'Brien O'Brien Legal Services, Brad
very quickly. When it comes to navigating today's landscape as
a landlord, would you say the just cause part of
the lease is the most difficult one.
Speaker 4 (33:34):
Because it's a constantly moving target. Tom, I think landlords
really have to have an attorney.
Speaker 2 (33:40):
That's what I believe in all times olslaw dot com.
He can do it for you. Seven to zero three
seven zero seventy three eighty eight. That's olslaw dot com
and remember three oh three Martino. Follow Tom Martino at
Real Tom Martino and stay connected with all all of
us at six thirty k kayhow dot com and on
(34:02):
the iHeartRadio app. This is Denver's talk station, six thirty
k House
Yea ripped.
Speaker 2 (00:07):
News need advice, so you don't have come running just
as as you can. Shooter's gonna help come. Man Dix
is the Troubleshooter Show. No Tom Martinez, Hey Tom Martino here,
(00:27):
Welcome to the show. Three oh three seven one three
eight two five five. We're solving problems, answering questions, taking complaints.
And we had a call earlier in the show and
a woman was calling about harassment at an apartment how
she said, look, they're bothering me. I'm on Section eight.
Section eight's paying my rent, but they want to get
me out of here. They gave me a notice of
(00:49):
non complaint, excuse me, a notice of non renewal ninety
days ago, and then I just got another notice of
non compliance which gives me three days. I'm supposed to
be out of here tomorrow. And we had our attorney,
Brad O'Brien who's with us today. Brad O'Brien is Well
Brian Legal Services, a real estate law firm and helps
with real estate issues. He said that obviously they would
(01:11):
have to prove it and she'll get her day in court,
but if she's not out of there, they will probably
do an eviction. But she doesn't literally have to be
out the door tomorrow. That's just when they gave her
notice to and then if she doesn't leave, most likely
the landlord will start eviction proceedings. So Christy, what is
(01:34):
your additional question about eviction itself? And real quick? Hold on,
hold on.
Speaker 3 (01:40):
I wanted Brad to explain kind of why they are
evicting or what they're reasoning is.
Speaker 4 (01:46):
I looked at the actual notice of to terminate the
tendency and a little trying to evict her three different ways.
One of them we can rule that right away. One
is weak, and one probably has a decent chance of prevailing.
So with the one we can go through them.
Speaker 2 (02:00):
Yeah, okay.
Speaker 4 (02:01):
Number one, the substantial violation based on her allegedly harassing
office the office staff under the substantial violation statute. The
substantial violation statute is to terminated the lease early for
something that is criminal conduct, and just mere harassment of
the office staff won't arise to that level.
Speaker 5 (02:19):
Now.
Speaker 4 (02:19):
Secondly, is harassment of the office staff based on some
lease provision, some no nuisance lease provision, if it's in there.
I don't know that, I haven't reviewed the lease, but
if the lease says you can't harass landlord or other tenants.
Then potentially they could use that one to say that
it's the breach of the lease, and that's a question
of fact. That's a hard one to prove up in court.
(02:41):
That's why I say that's a weak claim. And also
judges are probably reluctant to grant eviction on some heated
discussion in the office when this Christie probably can tell
you why where she was coming from, and probably can
explain that it wasn't as bad as they're saying. The one,
the third reason why they're trying to evict her that
(03:02):
has the better chance of prevailing is she didn't She
apparently didn't pay the full deposit that was due under
the lease. And that's a hard requirement. That's easy to prove.
That's money that's due.
Speaker 2 (03:17):
Okay, Now that that's non compliance, right That that meaning
it's a breach of the contract for not paying the
full deposit, Is that right?
Speaker 6 (03:27):
Yeah?
Speaker 4 (03:27):
They can give her a ten day notice on not
paying the full security deposit. That's this isn't quite the
same ten day notice. It's not how it's drafted. So
a judge could could it could you know use that
as a technicality to make it make the landlords start over.
But another judge might just say this, you've been given
(03:47):
the ten days notice to pay the security deposit and
you didn't.
Speaker 2 (03:50):
Okay, So Christy, before you start, and I know she's
going to start on a very long diet tribe about
the security deposit. But we narrowed it down and here
here's what you need, Christie. Number one. He is saying
the two substantial violations will probably not hold up for
(04:11):
the for the criminal activity. Okay, but he said they
do have a shot at evicting you for non payment
of the full deposit. Now go about and tell your
creep deposit story.
Speaker 5 (04:25):
We have been paying it one hundred dollars a month,
spent the incident where he was like, oh, lets you do,
but I don't think you'll be successful at it, And
I was like, I'm always successful, no matter how broke
I am. I do this. So I'm paying it and
every time I pay, like three hundred dollars down, he
puts two hundred dollars under ledger, and so I started
(04:47):
documenting by taking screenshots. Every time I made a payment,
he would put something new, like he charged me two
hundred dollars for the mice.
Speaker 2 (04:56):
That okay, But but you understand something. What we're what
We're not here to try your case. We're not here
to try your case. But it is very possible when
you go to court, it is very possible the judge
is going to rule in their favor. That's what more
were you going to say?
Speaker 4 (05:12):
So it sounds here like the least says that this
large amount of money is due as security deposit upfront.
Speaker 2 (05:18):
However, that sounds like also.
Speaker 4 (05:19):
The landlord modified that written lease requirement by giving her
a payment plan, and she is more or less faithful
with the payment plan so far.
Speaker 2 (05:28):
So that's her that's her argument for the judge. That's
her defense.
Speaker 1 (05:31):
Yep.
Speaker 7 (05:33):
Yeah, she paid.
Speaker 5 (05:34):
Eighteen hundred dollars for fifteen hundred dollars in coverage. But
every since that day, I've been putting money on the
ledger until you locked it.
Speaker 3 (05:42):
So I can't make you're just going to go You're
going to go through that with the judge. I mean,
that's that's going to be your day in court. Like
we've said numerous times.
Speaker 5 (05:53):
I'm fine with that. I just don't think it's fair
that they're doing that.
Speaker 2 (05:57):
But that's what the judge is for. What do you mean?
But what do you mean by that? What do you
mean by that?
Speaker 5 (06:03):
Okay, So a cabinet fell out of my last house
and I.
Speaker 2 (06:07):
Put it on therrelevant.
Speaker 3 (06:08):
None of that, None of that has anything to do
with what's going on right now, though.
Speaker 5 (06:13):
I sent you guys more emails to show you why
it's relevant. Both companies have conjoints together, my last landlord
and my new landlord, and once they did that, that's
when they started racing. I've been paying it every month.
Speaker 2 (06:28):
Old, what do you mean you had you didn't have
two different landlords. You're in the same place.
Speaker 5 (06:35):
I'm shaying. My last my last location was under a
different real estate agency and the new one as they
are conjointed as of November there.
Speaker 2 (06:46):
But what difference does that make? It all comes down
to whether you owe the money or not. Christy. I don't.
Speaker 5 (06:53):
I don't, But they're trying to hurt me because I
told on them. I'm an activist like you.
Speaker 3 (07:00):
Look okay, okay, Christy, Christy now found the wrong because
you're fighting the wrong battles, You're gonna have your chance.
Speaker 2 (07:08):
Exactly to prove to the judge exactly what you've been doing.
Exactly what Brad said. They modified it.
Speaker 3 (07:14):
They've been taking payments from you. You prove that to
the judge through the pictures you just said. Now, now
I had to put her on hold. Tom, I'm sorry.
I'll bring her back up.
Speaker 2 (07:25):
She won't listen. She won't listen. She keeps talking about
them trying to get revenge because she's an active She
found a blind purse or something whatever. And by the way, oh,
here's all I'm going to say. Either you owe the
money or not. But I want to ask Brad O'Brien
some very basic questions. She did bring up a point
about somewhat of a moving target. How does she protect
(07:48):
herself against a moving target? In other words, if they
say she owes x amount of dollars, how can they,
in a month or two say, now you owe x
amount of dollars and it's more because we tacked on
more money. How does she keep that from happening?
Speaker 1 (08:02):
She shows proof of payment, right, Well, a lot of
this is spoken and not in writing, so her testimony
will be that they gave her a promise, which is
this payment plan, and if they changed it later, that
can be held against the landlord.
Speaker 4 (08:15):
And she can enforce the prove it. Yeah, or she'd have.
Speaker 2 (08:19):
To prove that she had an agreement that they violated.
Speaker 4 (08:22):
Yeah. These agreements don't have to be in writing. They
can this modification of the least they can. She can
orally testifies, you know, orally that what the landlord promised her.
Speaker 3 (08:33):
And show that she paid it too, right through whatever
kind of receipt I wanted to ask.
Speaker 2 (08:37):
You about, Okay, And they what if they can orally
say we never did it, we never agreed to that.
Speaker 4 (08:42):
And the judge exactly, it is enforceable to the extent
that she paid. So if they took three months on
this payment plan, then that is that shows that she
made a substantial progress towards the payment plan and proves
the existence of the payment plan.
Speaker 3 (08:57):
Yeah, or what But Brad on this second one, the
second argument they gave where basically the landlord saying you
were bothering us. And in the let's assume in the
lease it says what word did they use? They didn't
use bothering harassment, So harassment if she sent off let's
say that is in the lease, okay, and she sent
(09:18):
off ten emails going oh.
Speaker 2 (09:20):
This is crazy. You guys suck and you don't do this.
Speaker 3 (09:23):
And I found a bloody person you're all after me
and she's doing this constantly. That could be harassment. Uh yeah,
but wait, that's not my question. You said if it
was in the lease. There's probably so many people like
Bo who's got a bunch of rental properties in Denver
where that language is not in your lease. I didn't
(09:43):
realize by putting language like that in the lease, you
could actually create an agreement between you and attendant in
Colorado to where they can't harass you all the time,
where if you didn't have it in there, they could
harass you. That's a great reason and for landlords to
call you. I'm not kidding.
Speaker 4 (10:02):
Yeah, many leasas have do not have any no nuisance provision.
But it's really hard to evict on that one because
it's a question of fact, and the judge will look
at the circumstances of the arguments that one side is
saying is harassment, and the other side will say was
justified under the circumstances because they had advice to complain.
Speaker 3 (10:19):
If you got voicemails from some wacko tenant at two
am when they're drunk every night. I mean you might
be able to prove harassment and get them out of there.
Speaker 2 (10:28):
Yeah.
Speaker 4 (10:28):
That's a much murkier type of a case than just
pay the rent or did you not pay the rent?
Speaker 2 (10:32):
Yeah, I got to I want to wrap this up,
and Christy, it all comes down to this, Okay, it
really does. And if you go beyond this, you're gonna lose.
It all comes down to this. Did you have an
agreement for the security deposit? And are you following that agreement?
That's what it's going to come down to. They're going
to say you're not paying the deposit as you were
(10:55):
supposed to. You're going to say you had an agreement.
You better bring whatever evidence you have or some extra
or or extraneous notes that you've written down so you
can prove it.
Speaker 5 (11:08):
Everything is documented. Bush for your hope, all good.
Speaker 2 (11:12):
If everything is documented, you're gonna win. If I will
win if every week?
Speaker 5 (11:19):
But what constitution has or what is take me the terminology?
Am I retalitative eviction on? How do I prove.
Speaker 4 (11:32):
That retaliation comes into play in the warranty habitability statue?
If you complained about a habitbility concerned like no heat
no water termites and then they evict you. That is
harassment and that the habitability statute prohibits that. Now, the
only thing you mentioned that would come close to that
is you talked about some cabinets that were non functioning
or something. I don't really think that is a habitability item.
(11:54):
So that so the habitability statue here is not really
invoked and its own retail clauses also not to vote.
Speaker 2 (12:02):
Yeah, we have to take a break. I mean she's
either look, you either do what what we're directing you
or I mean, not do it. We're not giving you
direct legal advice, but you better look at the substantial
issue here, Christy, because you're going off on left out
and left field. They're not going to They're not going
to have sympathy for you. We have more coming up,
and I want to tell you renew Home Innovations will
give you the most beautiful showers, porcelain sheet, porcelain, no
(12:25):
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three nine zero four to two thousand. Hi Tom Martino. Here,
(12:53):
Now we go to Eva, who has a question on
real estate. In real estate, I hope it's a lot
easier than the last ones we called. All right, Eva,
what's going on?
Speaker 8 (13:07):
Hello Tom? Yes, I have hopefully an easy question. I
am trying to figure out in the life things that
I want to do, and I wanted to give a
house that I have to a grandchild.
Speaker 2 (13:25):
Oh God, yes, Eva, I know. I know. This is
Eva who's whose kids are taking advantage of her and
raping or blind as far as raping and pillaging financially,
you want to leave your home to your grandson.
Speaker 8 (13:42):
I will actually trust legally it's eagerly legally my son.
But I want to get out from under it, and
it needs repairs and stuff, and he's willing to do
all that. But I want okay, so the pros consfinancial.
Speaker 2 (14:01):
Okay for me?
Speaker 8 (14:01):
I don't need that house, Okay, I want to be okay.
Speaker 2 (14:05):
Now, Eva, I'm gonna I'm gonna talk to you about this,
and I have before right now, you do not live
in this house? Is that correct?
Speaker 8 (14:14):
Correct?
Speaker 2 (14:17):
Is the house? Is the house free and clear?
Speaker 5 (14:21):
Yes?
Speaker 8 (14:21):
It is?
Speaker 2 (14:23):
Okay, So you have a paid off you have a
free and clear, paid off home. You want to leave now,
you can do it in one of two ways, or
actually there's more than two. And maybe I don't know
if Brad talks about this or not, because I know
he says some is taxes, some stuff fall under the
(14:43):
realm of taxes and others. But I can tell you
this for sure. If you leave the home to your
son while you're alive, if you dat it over to
your son while you're alive, your son will inherit the
basis you have on that house. Now, that's not the
end of the world. Your basis is how much how
(15:07):
much is your house? Did you buy your house for?
Speaker 8 (15:11):
Oh my gosh, that was so many years ago, probably
over three hundred thousand, so you.
Speaker 2 (15:18):
Bought it for maybe three point fifty.
Speaker 8 (15:21):
Yeah, probably three forty eight something like that.
Speaker 2 (15:25):
Okay, let's say that your basis. Have you ever put
major repairs into that home? No? Okay, So let's just
say for argument's sake, you have a basis of three
hundred and fifty thousand dollars. Okay, that's a basis. Now
what that means is what that means is when he
(15:48):
when you quit claim it to him, he will have
a basis the same as yours. So if he goes
to sell it, if he goes to sell it, anything
above that will be taxed, unless it's this primary residence,
then he'll get a certain amount of exclusion. The reason
(16:09):
people wait until death to do this is usually because
the basis will be higher and that will mean less
taxes for the heirs. But that doesn't matter. If it
doesn't matter, for example, is he going to sell the
house right away or is he going to fix it
(16:30):
up and live in it.
Speaker 8 (16:32):
He's planning on fixing it up and doing it. Is
to call the ten thirty one where he gets something else?
Speaker 2 (16:41):
And okay, all right, well it's not called a ten
thirty one unless you do it ten thirty one, And
most people don't do ten thirty ones and they don't
know what they're talking about when they talk about them.
But in general, maybe Bradton can speak to this. In general,
if your basis is three point fifty, your son is
(17:02):
going to inherit that basis. So if he adds to
that another fifty grand, he'll have a basis of four hundred.
And since it's not his primary residence, he's doing it
for investment, then he'll have to pay tax on the gain.
And that's the way it is, however, Eva, once you
sign it over.
Speaker 8 (17:20):
To him, go ahead, Oh he does live there.
Speaker 2 (17:27):
Okay, if it's but he's going to have to live
there after you did it to him, not before, for
it to be his primary residence. For you know, it
to be his primary residence. Here's he's going to have
to live there. He's going to have to live there
for two years for it to be his primary residence.
Speaker 3 (17:46):
Go ahead, Mark, Well, all we're talking about is to
tax ramifications. How about the fact she owns his house
and everything we've ever heard about this child in the
last ten years, including stealing cars and everything else. I mean,
she might want that house out of her name because
she might be liable for the drugs he's cooking up
(18:07):
in there or whatever.
Speaker 8 (18:08):
Oh good god, are you making up things even I'm not.
Speaker 2 (18:17):
Making I mean, you've called with a lot, You've called
with a lot of crappy stories over the years. Even
Here's what I want to know. Are you willing? Are
you truly? And I need to know this once you
quit claim that home to him and release it and
it's his home, are you willing not to bail him
out when he puts a giant loan on it and forecloses.
(18:40):
Are you willing to let him go homeless? Because that's
what's going to happen to him.
Speaker 8 (18:46):
Yeah, that's my fear. But I just want to be
done with the whole thing.
Speaker 3 (18:51):
I don't think it should be any done with it.
And for a million reasons.
Speaker 2 (18:57):
If she doesn't want the house and she doesn't care
the three hundred and fifty thousand she could get for
selling it, What I would do if I were you, Eva,
is I would first I would think, why doesn't he
buy the house? Give me a reason he doesn't have money?
Speaker 8 (19:14):
Exactly?
Speaker 2 (19:15):
Eva? Okay, how is he going to pay for the
taxes and insurance?
Speaker 8 (19:22):
Well, I'm paying the second half in a couple of days,
and I'm choosing to pay that, so he won't have
a property text till January February of next year.
Speaker 2 (19:34):
It doesn't matter when it is, It doesn't matter when
he not pays it what happens when he doesn't pay
his taxes the year later or his insurance. What's going
to happen? Then? Are you going to because you said
you wanted to wash your hands of it, what I'm
proposing to you is, Eva, you're not going to wash
your hands. You're going to sign this home over to
your grandson and you're going to continue paying all the bills,
(19:55):
so you're not out from under it. If anything, you've
complicated your situation because you won't be able to evict him,
and you'll never be able to sell it, and you
will be in debt. So, Eva, you're not doing what
you want to do. What you want to do is
sell it to him. If he doesn't have the money
to buy it, he doesn't have the money to pay
taxes and insurance. What good is what you're doing. You're
(20:17):
not getting out from under it. It's still going to
be a burden. Here's what would be better. Even you
know what would be better. I swear to God, you
sell the house right now, Sell the house for as
much as you can get and give him the money.
Then you can be done with him. Then he'll have
money that he can blow on drugs and alcohol. And
(20:38):
all that other stuff, and then you can be done
with him.
Speaker 8 (20:42):
Excuse me, he's never done alcohol and drugs. You're adding
things to the story that don't exist.
Speaker 2 (20:52):
Okay, Eva, I want you to live in your la
la land. Can we agree that this kid is never
worked and taken advantage of you your whole life, his
whole life.
Speaker 8 (21:03):
Yeah, oh yeah, okay.
Speaker 2 (21:06):
So what makes you think he's going to change.
Speaker 8 (21:10):
I'm not looking at that. I am wanting to know
the consequences for me.
Speaker 2 (21:16):
If okay, here are the consequences, Here are the consequences.
If you deed the house over to him. There are
no consequences to you except the ones you take on.
So as soon as you deed the house over to him,
if he tried, if he sells it, it would be
good for you. Then he can take the money and run.
But I think what will happen instead is he's going
(21:37):
to continue living there. And this home you want to
get out from under, you're not going to be out
from under because if it needs a major repair, you're
going to step up and make the major If he
needs to pay his taxes, you're gonna step up and
pay his taxes. If he needs to pay the insurance.
You're going to step up and pay his insurance. So
my question to you is this, how designing the home
(22:00):
over to him get you out from under it?
Speaker 8 (22:10):
You know, I don't know what to say to you.
I'm not trying to convince you of anything. I just
want to know what the consequences are for me, Eva, and.
Speaker 2 (22:21):
The consequences I just rolled out. I just rolled out
the consequences. There are none. Once you sign that house
over to him, you're done with it. But what I'm
saying to you is are you really going to be
done with it? Or are you going to continue to
pay every single bill he incurs? That's what I'm asking you.
(22:43):
What makes you think it's going to change when you
sign the house over to him.
Speaker 8 (22:51):
I would like a moment to tell you his plans.
And his plan is to get alone on his own
and refurbish the place and sell it. And you were
saying that you have to live in it for two
years before there's no tax consequences. Is that correct?
Speaker 2 (23:11):
Yes? Two of the past five years. Okay, but Eva, Eva,
I didn't say there are no tax consequences. But he
gets a pretty sizable exclusion of two hundred and fifty thousand,
and most likely he'll fall under that, so he won't
pay tax on the game. But Eva, you have to
listen to me carefully. He's not going to get a
(23:32):
loan on his own to fix up the house if
she gave it to him.
Speaker 3 (23:37):
Wouldn't it be funny if she quit claimed it to
him and then he got a loan on it by
getting her to co sign on a new loan.
Speaker 2 (23:45):
That's what That's exactly what's going to happen. That's what
I'm trying to let her see. But she is so
totally blind she doesn't see it. Eva, what makes you
think no? What makes you think no? I want you
to answer a question, answer question for me. What makes
you think he will qualify for a loan on his own?
Speaker 8 (24:05):
It doesn't matter. I'm not going to co sign for anything,
and that's up to him.
Speaker 2 (24:11):
Okay, he's not going to get a loan. So what
I'm telling you is this, he's not going to sell
it for a profit, and he's going to still leech
off of you. You have not changed your life one bit.
Do you have tax consequences for deating it over to him? No,
you don't. You don't nope, but it's not going to
help you. It's not going to do what you want
(24:34):
it to do. Now, if you truly want to help him,
I can tell you how to do it. You sell
your house and give him the money, or get an
annuity for him that will pay instantly a monthly check.
That's what you do for him. If you give him
the house, you are still going to be in a
(24:54):
world of hurt. But Eva, I don't expect you to
listen to me, because you've never listened to I don't
know why you call me, because both your son and
his son have been raping and pillaging your estate for
as long as I can remember, and you are a
total dupe, a total total dupe. In fact, this is
(25:16):
one where Mark I think her son took out a
giant loan on her house and she's still paying on that.
So you're going to be duped the entire rest of
your life. Thank you, don't bother asking me for advice
anymore because you don't take it. On this transaction. I
am telling you to sell the house, get an instant annuity,
(25:37):
sign it over to that grandson, deadbeat, so he can
have his monthly income to play with. Because that's really
then he would really be out of your hair. That's
the way to do it. Three zero three seven one
three eight two five five Hi Tom Martine here. Jenna's
(25:58):
Total Exteriors, by the way, also does mold detection and
remediation and it's a company you can trust. Genesistotalexteriors dot com.
Steven has a question on titling a car. Hi Steven,
what's going on with you?
Speaker 7 (26:14):
A tom So, My sixteen year old nephew is about
to buy a two thousand and eight Dodge.
Speaker 6 (26:26):
Ram fifteen hundred, and my sister is inquiring about how
to title and ensure the vehicle. She's not sure if
they put it in his name their name.
Speaker 2 (26:39):
Well, you can't put you can't. You can't title to
a minor, Okay, So that takes it out of there, right, Then.
Speaker 6 (26:47):
Her name her name right? And then how do they
set up the insurance?
Speaker 5 (26:52):
What some like?
Speaker 2 (26:53):
Did they well, his.
Speaker 6 (26:54):
Own insurance under their insurance?
Speaker 3 (26:57):
How do they go it's got to be under there,
So a minor to get their own insurance for an automobile.
Speaker 2 (27:03):
Okay, No, but she could get a separate policy and
name him as the primary driver on that one. And
less of a driver on primary That's where you need
a good broker to run numbers because there are different
ways of doing it. As Mark said, he's never going
to hold his own policy, but she could get a
car insured with mostly him driving and then less driving
(27:24):
on the family cars. Sometimes that works most of the time,
it doesn't most of the time. You get a family plan,
you ensure the minor drivers in your home under that plan,
and then you kind of if they have their own
car under that plan, it will bring down the cost
a bit. For example, if you only have two cars
(27:47):
or one car in the family and everyone's insured, they're
going to a lot pretty substantial equal use to each driver.
If you have a car like I do, I have
a family plan and each of my children have their
own cars under that plan, and they're the primary drivers,
so they're only rated or they're mostly rated on those cars.
(28:12):
So it does keep it down a bit, but you're
still going to pay out the nose, right.
Speaker 3 (28:16):
Mark, Well, you're god, You're definitely going to pay out
the nose. I mean, the only thing I would disagree
with is in that scenario you're giving that woman would
have to have two policies and I think no matter what,
having a minor, even if he's only going to drive
the car occasionally, is still going to be high as hell.
And now you have two policies he's on. She could
(28:39):
exempt him all together from that one policy. But if
that kid ever needs a car and his isn't there
and he takes it out, man, she could lose everything.
Speaker 2 (28:50):
Yeah. Now, whether or not to have two policies or one. Listen,
what I'm saying is and I agree with Mark, and
that's why I said the best thing is to have
a family plan, but to have cars designated for the kids.
Speaker 6 (29:07):
Yes, everything you guys are saying makes absolutely sense.
Speaker 2 (29:10):
Okay, I would have you ever called Compass Insurance and
have them run the numbers.
Speaker 6 (29:15):
No, and I've directed my sister there to Compass Insurance.
I will definitely do that again.
Speaker 2 (29:21):
And yeah, more importantly, they're going to shop.
Speaker 3 (29:24):
They're going to know what companies out of the twenty
or thirty companies they shop for you that are easier
or cheaper for student drivers or miners.
Speaker 2 (29:34):
Right, Okay, that's right. Yes, Now listen what I'm what
I'm going to tell you is Compass Insurance with three
zero three nine nine six nine. Okay, yep, got it.
And and by the way, if it depending on where
you have your homeowners if you do your home and
(29:56):
your cars through one agency, that's another way you might
save money. They'll run the numbers for you. And here's
what I like. They're not afraid to tell you, hey,
we can't save you money. In fact, there were a
few years. There were a few years Mark did not
go with Compass because Compass itself said, look, we can't
save you any money. And then when it was time,
(30:18):
they could save them money. So they're really upfront and
honest about that. We got more coming right up, Hi,
Tom Martino. You're a troubleshooter. Mark. We've had some pretty
damn big cases this hour, this show. I want to
bring up Go Cat speed Shop. They're bad news. We
(30:39):
got game man, We've got to I will. I'm going
to work on that. I'm working on sleeves cread. I
really am Eric Brown seven years ago to be rebuilt.
He got this engine, he got paid seventy five dollars
up front, give me five hundred, seventy five hundred. Yeah,
I'm sorry, seventy five hundred up front. Never got anything
(31:02):
in return. This consumer will, so stay away from Gokat
speed Shop Eric Brown. Eric says, I'm trying to keep
customers away from him. Eric, you are one hundred percent right.
You are one hundred percent right based on your background
and how you've handled this case, yes, and your court records.
We are telling people to stay away from Gokat speed Shop.
(31:25):
I'm even gonna give you the number so you can
let him know the ramifications of his actions. And mister
attorney who might be representing him, listen you more on
come after me if you want. But you're gonna lose
because I am basing this on solid opinion based on
research on the Internet, on the court documents, and also
(31:45):
live consumer cases who have been ripped off by this scumbag,
Eric Brown. So if you want to let Eric Brown
know that you know about him, that might help get
people paid. That is my goal. Not to be not
to be vulgar, not to be violent, not to be stupid,
just let them know we know about you. Seven to
(32:07):
zero two eight four seventeen ninety seven two zero two
eight four seventeen ninety Now the other one, listen to this.
It's called Denver Family Dent Repair. Bobby Ward, the scum
bag up there. She is a scum sucking pig. Based
(32:29):
on what we have found out, she has taken fifty
eight hundred dollars and kept it from an insurance company. Nope,
never did a thing. She enriched herself, deposited the check
August second, twenty twenty four and kept the money. That's
Family Dent, Denver Family Dents. And I'm gonna give you
(32:51):
the number for Bobby scumbag so you can tell Bobby
scumbag that we know about that scumbag. Okay, that's a
good way to do it. Nine seven zero he's seven
zero eight nine three sixty four sixty one. Nine seven
zero eight nine three sixty four sixty one. Okay. We're
(33:16):
gonna finish up with Brad O'Brien O'Brien Legal Services, Brad
very quickly. When it comes to navigating today's landscape as
a landlord, would you say the just cause part of
the lease is the most difficult one.
Speaker 4 (33:34):
Because it's a constantly moving target. Tom, I think landlords
really have to have an attorney.
Speaker 2 (33:40):
That's what I believe in all times olslaw dot com.
He can do it for you. Seven to zero three
seven zero seventy three eighty eight. That's olslaw dot com
and remember three oh three Martino. Follow Tom Martino at
Real Tom Martino and stay connected with all all of
us at six thirty k kayhow dot com and on
(34:02):
the iHeartRadio app. This is Denver's talk station, six thirty
k House
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