The Troubleshooter 7-15-25

Episode Transcript

Speaker 1 (00:00):
Y'all with.

Speaker 2 (00:07):
News you needed by so you don't have come running.

Speaker 1 (00:13):
Just as fast as we can.

Speaker 2 (00:16):
Shoot is gonna help coming.

Speaker 3 (00:18):
Man Dix is the Troubleshooter Show. No Tom Martino.

Speaker 1 (00:25):
Hello, I'm Tom Martino, here to help you solve problems,
answer questions, say complaints. Forty five years I've been saying
that to you, And if you're outside of Denver, I
started six years before that, so fifty it's about about
fifty years here, forty five in Denver, and all I

(00:46):
can say is I want your calls and hello to everyone.
We have a great radio audience, and we have affiliates.
We also have iHeartRadio app and my YouTube morons, which
I cherish. My YouTube morons are the ones that give
me immediate feed, so I kind of use them as
a barometer if I'm getting bored or something, or if

(01:06):
I'm getting boring, I just ask them and they kind
of give me the cold hard truth.

Speaker 4 (01:12):
So hello, morons, Welcome to the show.

Speaker 1 (01:15):
I call them morons lovingly because they're a bunch of
idiots who say stupid things sometimes and they have their
own little thing going on. But welcome. Seriously, it's really
the only show you're ever gonna hear ever of its kind.
It's where we talk about everyday life, every day aches
and pains, the things that make us tick, as I say,

(01:39):
and the things that tick us off. I have Barry
Miller with me today from Vestera Turnkey, and.

Speaker 4 (01:46):
You know, it's a fascinating program.

Speaker 1 (01:48):
A lot of people want to be landlords, but the
thing they do wrong is they become landlords in Denver,
probably the worst market you can be a landlord. So
what's the best market, Well, we'll find out. Let me
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five four. So anyway, as I was talking about, we
talk about things on this show.

Speaker 4 (02:48):
You don't normally hear You just don't. You just don't
normally hear it.

Speaker 1 (02:53):
Okay, you just don't, and we do on this show,
and so we talk about the everyday aches and pains.
So let's talk to Barry Miller since he's here and
he's with me, and Barry being a landlord, you got

(03:13):
the idea to help people become a landlord. Why is
Denver such a bad market? I want, it's a terrible
market to be a landlord. Terrible. I mean it's terrible
because appreciation is probably at its height. If you buy,
you're going to be buried. Rental laws are terrible. Rents
are high, but expenses are high. Explain to me your

(03:34):
take on the Denver market, because a lot of people say,
when I talk about Vestera Turnkey, they help you become
a landlord without the risks in hassles or the conventional
risk in hassles. And we'll go over that. But they
hold your hand. They're your nanny in this whole process.
But Barry, you say, one of the hallmarks of your

(03:55):
company is research. You research markets where it's good to
be a landlord. I want to talk about where it's
bad to be a landlord. First and by the way,
I invite your calls people on any and all topics.
If you have a problem, if somebody's pissing you off,
call us. If you just want to drop a dime,
that was an old expression, you know, payphone, drop a dime,
call me and unload, just unload. Three oh three seven

(04:19):
one three talk is the radio station's number, but we
have three oh three Martino three oh three six two
seven eighty four sixty six that works around the clock.
And when you call, we put you down and call
you back. So let's talk about Let's talk about why
Denver is a bad market. Let's talk about that. Why

(04:42):
is Denver a bad market?

Speaker 5 (04:44):
Tom without the legislation, which is so wrong, so anti landlord,
so anti helping people, including tenants, that's not helping them either.
But but supposedly that's how it got passed. But without
the legislation, we were in the worst ten for rental

(05:04):
markets anyway because of the.

Speaker 6 (05:06):
Price of the homes.

Speaker 5 (05:07):
Who wants and who could afford two hundred four hundred,
six hundred eight hundred dollars a month negative cash flow,
And to be a landlord anywhere is very difficult unless
you find a top notch and they're hard to find
top notch property manager.

Speaker 6 (05:26):
You add the legislation to.

Speaker 5 (05:28):
What in the last couple three years, like the just
cause you have to have a specific reason to evict.

Speaker 1 (05:34):
Otherwise basically rental leases go on and on and on.

Speaker 6 (05:38):
They go on and on.

Speaker 1 (05:39):
I'm all for I'm a consumer advocate, I'm all four rights.
I'm all four rights for renters. I think they went
too far.

Speaker 6 (05:45):
They went too far, and they're hurting renters. So you
add that to it.

Speaker 5 (05:49):
Now we're in the worst two, three four percent of
the markets in the country because now the tenants and
it's not that the tenants have so many rights, they do,
but they're taking advantage of they're taking advantage of other good.

Speaker 6 (06:03):
Human beings known as property owners.

Speaker 1 (06:06):
Right now. You know, it's like, for an average it's
eighteen hundred bucks for a one bedroom.

Speaker 5 (06:12):
Yeah, seventeen eighteen fifty issues the average in Metro Denver
for one bedroom.

Speaker 1 (06:19):
Yeah, how did a single person afford that?

Speaker 6 (06:22):
For that?

Speaker 5 (06:23):
Can't And so it's not good for any of the
elements of real estate. And so we use Denver as
a baseline because we're based here.

Speaker 1 (06:34):
Right, So what do we do? But we go elsewhere?
So how do you pick a market that's good?

Speaker 6 (06:39):
Research?

Speaker 5 (06:40):
Research and tons of research. We look first not at
the real estate, not at all of the real estate.
What's the economy doing our jobs coming into the area.
Are people wanting to move there? But more importantly will
they want to be moving there two, three and four

(07:00):
years from now? And not only want to be, but
will they be?

Speaker 1 (07:04):
All right, We're going to pick up on that. I
wanted to talk to Roger. Callers get priority here three
ZHO three seven on three talker three or three Martino.
So let's talk to Roger. Hey Roger, I'm Tom Martino. Hey, hey, Roger, welcome,
by the way to the show. Thanks for calling. What's
going on? What is La Z Parking? Is that a
parking service downtown?

Speaker 7 (07:24):
It is?

Speaker 8 (07:25):
Actually I was taking the train to Glenwood Springs have
a Union station and the Crawford offered valet parking through
this La Z and they had parked it somewhere in
a garage I don't know. I turned it over to
the valley.

Speaker 1 (07:42):
Okay, By the way, just a point of transparency here,
I mean it's not transparency. I just want to let
you know. I have a lot of experience in parking.
I used to own five parking lots and then I
would contract with Republic and another one to do my management.
They would do the management and then a rev share.

(08:04):
They would manage the parking lots and I would make
the money. And this was five lots downtown years ago.
I never did a valet thing, but I've heard of
la Z and again, LAZ is just a management and
they probably revshare with the Crawford.

Speaker 4 (08:23):
So what went wrong?

Speaker 8 (08:27):
We left on a Friday to go up to Glenwich Springs,
had dropped the car off in the morning, and when
I returned on Mother's Day on the eleventh it the
car came back and there was probably a I don't know,
a thirty inch scratch on the drive on the Oh.

Speaker 1 (08:44):
My god, do they You know some places are now
starting with iPads or iPhones to take picks of the
of the cars as they come in. Did you have
any picks taken or anything at all?

Speaker 8 (08:56):
Well, it was really funny. When I dropped the car off,
I gave the guy the keys and they go, aren't
we going to do a walk around and look at
the car And he's going, oh no, that's not necessary.
And when it came back, where.

Speaker 1 (09:07):
Was the scratch? Where was the scratch?

Speaker 8 (09:10):
It is on the lower side of the passenger side door.
It is you know, looks like they maybe hit a
curb or something on the lower side with a long scratch.
I filed acclaim with these people. They turned me down,
saying it was an act of vandalism and that they
are not.

Speaker 1 (09:30):
Really well if that's true. Listen, I want to tell
you a few things. Okay, this is something I want
everyone to listen to when it comes to parking, because
it's very important. You know this.

Speaker 4 (09:41):
There's something called bailmint. What is bailmant?

Speaker 1 (09:44):
It's an expression we use when there is a covenant
between you and someone else that they will do a
certain thing and take care of a certain thing of yours.
You have limited bailman when it comes to valet. In
other words, they would be responsible for anything you would
be responsible for. Let me give you an example. If

(10:07):
you ran into a curb, you're responsible, they're responsible. If
someone runs into you, you're not responsible for that. They're
not responsible for that. If someone vandalizes your car, they're
not responsible for that. Now the rub comes with yours
is was it vandalism or was it carelessness? This is

(10:29):
going to be a problem. They just they just said, basically,
we're not covering it, right, so they believe they believe
that it was vandalism. Did they say why they thought
it was vandalism.

Speaker 8 (10:43):
Nope, they just had said that it was vandalism and
they don't cover it. What bothers me is if somebody
was going to keey my car, would they get down
on their knees?

Speaker 1 (10:53):
No? And well is it a car? Is it a keble?
Is it a keble car? You know? I say a
keble car because people like king things like Tesla's or
Bentley's or rolls or Lambos.

Speaker 4 (11:06):
They like being real jerks. But what kind of car
do you have?

Speaker 8 (11:12):
Twenty sixteen niece on maximum and I mean, oh.

Speaker 1 (11:15):
My god, that's not a keyable car. That's not a
keyable car. So how long ago did this happen?

Speaker 8 (11:25):
It happened. I got the car back from them on
Mother's Day, which I think was the eleventh of May.

Speaker 4 (11:31):
Yeah, I think.

Speaker 1 (11:33):
I think that the only thing you can do is
taking the small claims court and see what a judge says.
I mean, I don't know what else to do, because
if they simply claim it was vandalism, you know you're
saying it's not, but you don't know any better. Now
they probably don't know any better either, or their driver's

(11:53):
not going to admit it. But really, what can you do?
You can demand that they make payment, and that's going
to include an argument, and if they don't give in,
you're gonna have to have some kind of arbiter to decide.
But I want to explain that to you because it's
not as hard or difficult as you think, and you
may have success. I'm Tom Martino three oh three seven

(12:17):
one three Talks seven one three A two five five.
Go with a sure thing Denver's Best roofer Excel Roofing
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(12:39):
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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 Martine,

(13:03):
your troubleshooter. Don't forget. I got Barry Miller with me
in June nineteenth. Mark your calendars because we are going
to have a seminar. I don't like calling you a seminar.
So it's just a little get together, it really is.
Barry keeps it very brief, an hour or less, and
then you can ask questions of me and Barry and
all that.

Speaker 4 (13:19):
And I'll tell you the part I'm playing in it.

Speaker 1 (13:21):
I'm helping people do partial partial vestera investments. Now I
recommend you do you know, you do it yourself. You
do it a home, you own a home, you go
through vesteria and it's clean. It's easy. Now with me,
it's easy and clean too. But you can own part
of it, like I have people owning ten or twenty
percent of it, and then they still get profits, but

(13:42):
it's not ten or twenty percent, and I take care
of all the heavy lifting for them if they want
to be partners with me and not do the whole thing.
Roger has an interesting case, and we get these quite
a bit. With valet parking. What is the valet responsible
for and whatnot. Here's the thing. They have a limit.
Bailment means they take your keys and they're not responsible

(14:04):
for anything. You wouldn't be responsible for. If a hailstorm came,
they would not be responsible. It's just think about this.
When you hand your car over, people are not taking
extra responsibility. So you hand your car over, what are
they responsible for a hailstorm? No, you're not responsible for that.

(14:25):
They're not responsible for that vandalism. No, if somebody vandalizes
a car, tough luck. Right now, you might have to
end up paying for it, or they might volunteer to
pay for it.

Speaker 4 (14:36):
But they're not negligent in.

Speaker 1 (14:38):
Any way, unless, of course, it was an inside job
and all that crap. Let's not go there. Let's just
talk about a normal situation. The valet takes your car,
somebody vandalizes it, that's on you. Now, what if they
promised you, they created a higher level of bailment, and
they promised you it was going to be parked inside

(15:00):
in a garage and guarded. You know, we have a
guard at the shack twenty four to seven, and it's inside,
it's covered, and then a hailstorm comes. They'll be responsible
to you because they broke their bailment agreement, or if
someone comes in and vandalizes it, they'll be responsible to you.
So it's just common sense. In this case with Roger,

(15:21):
it's up in the air. He had a scratch along
the bottom on the passenger side door, and they say
it's vandalism.

Speaker 4 (15:28):
He says, it's carelessness.

Speaker 1 (15:30):
Hey, Roger, is this obvious when you walk up to
your car that it was go ahead? No? Is it
obvious that.

Speaker 4 (15:38):
It was rubbed up against the curb or something?

Speaker 8 (15:41):
To me, it looks that way.

Speaker 1 (15:43):
I mean, it.

Speaker 8 (15:46):
Looks as if somebody maybe went over a curb or
somer scrape the side of it when they went in.
But there is one other thing that's bothered me about this,
So I think maybe Jermaine. I have requested three times
from them their terms and conditions and anything that I signed,
and they are just there's no reply. They're ghosting me

(16:09):
on that.

Speaker 1 (16:09):
Okay, all right, let me explain something to you terms
and conditions. If you probably didn't sign anything, okay, And
that doesn't matter because in the absence of written agreements,
common law takes over just normal common law, or in
some cases, if there is no common law and By

(16:32):
the way, what is common law. Common law is when
a decision was made in previous court.

Speaker 4 (16:37):
Cases and it becomes known and it just they.

Speaker 1 (16:41):
Rely on it because it's been Yeah, the course have
decided this time and time again.

Speaker 4 (16:46):
That's common law.

Speaker 1 (16:47):
But then there is something called just conscionability or just
common sense. And there really is something in the law
where they talk about common sense, and that is what
is common sense in this roger. You don't need to
get any terms and conditions because it won't matter because
if the terms said, what tell me what you think

(17:07):
you would see in terms and conditions? That would help you.
Just just for the hell of it, tell me what
you think you would see in that. I really don't know.

Speaker 8 (17:16):
I'd like to look at it.

Speaker 1 (17:18):
Well, I know, but why But why when you asked
to look at it.

Speaker 4 (17:21):
I'm just curious. Why what would you would do?

Speaker 1 (17:24):
You think you might see a clause that says we
take full responsibility for all damage.

Speaker 8 (17:29):
Perhaps, but I doubt it.

Speaker 4 (17:31):
Yeah, they won't.

Speaker 1 (17:33):
I think common law is going to pick over here
what they're going to be responsible. If they're responsible and
they're not. If they're not, this is up in the air.
They're not voluntarily saying it was due to a driver error.
They're saying it was vandalism, and you might want to
get Now here's what's good. If you go to small

(17:54):
claims court, it's very simple. You simply serve them at
the place of business or they're registered agent. It's very easy.
You fill out the forms online, you pay the fee,
which is around fifty bucks. You serve them. And what
I would do if I were you when you go
to prepare, although they'll probably settle with you beforehand, what

(18:16):
you do is you need to get a body shop's opinion,
not just for the cost, but what caused it. And
I think you'll get a judge. I think you'll win.
A lot of people don't do small claims court. They
when I say it to them, they kind of think,
some like, oh crap, you know, but it's not old crap.

Speaker 4 (18:37):
Mark was the king of small claims.

Speaker 1 (18:40):
He just files a small claim and I think ninety
eight percent of them settled right then and there. They
just send them a check or they ask what can
they do to make it go away. No one wants
to take their time to go to small claims court.
But what it really does, even for a giant company
like Google, or a small company like the Valet or

(19:00):
a local company, they have to address it. If they
let it go and do not address it, you automatically
win Roger. So what I would do is go to
small Claims court. What county do you know where they're located.

Speaker 8 (19:16):
I have looked it up online and I think somewhere
out of Denver. I mean, that's good.

Speaker 1 (19:21):
So you go to Denver County, you go to Denver County,
or you go and what you do is you go
there and you just look them up and get their
registered agent, or you can even go and get one
of the supervisors or managers at the podium where they are.
You really can, as long as they're served or a

(19:43):
representative of them is served. That's what I would do.
So are they actually.

Speaker 4 (19:48):
Called l A Z.

Speaker 8 (19:52):
Yes, at least that I looked up online to see.
They operate several parking garages, ones over near a Coors Field.
That's where it was by Union Station, I think, because
I never saw where it was parked. I do have
one other question, though.

Speaker 1 (20:07):
I find I found I found them by the way,
they're in good standing, but they haven't filed good standing
since twenty nineteen by the way, So they are out
of Hartford, Connecticut, but they're registered what's called a foreign entity,
meaning when they do business in Colorado, they register here.

(20:31):
But that does mean they have a registered agent. And
it's the corporation service company in Littleton. So if you
look up laz Parking Ltd Comma LLC, it'll come up
for you and you'll be able to go over there
and serve that corporate service company.

Speaker 8 (20:50):
Okay, I do have a question though, do you think
that I could get access to the video, because I'm
sure there's video if you.

Speaker 4 (21:00):
Can ask for that.

Speaker 1 (21:01):
You can ask for that as smart as part of
small claims, but small claims does not have subpoenaing power
the same as other courts. It's more simple. It's relaxed
rules of evidence, so you could ask for it.

Speaker 4 (21:15):
If they want to give it to you, they will,
If they won't, they won't.

Speaker 1 (21:18):
I mean, but you'd have to maybe look what would
you be looking at when they go to park it,
if they hit something or when they picked it up.
Did it look fresh, did it look like it's been there?
Was it dusty? I mean, what did it look like?
If you think that they're stonewalling you for the terms
and conditions.

Speaker 9 (21:37):
I hardly doubt you'reven gonna come close to getting a
video from them, right.

Speaker 4 (21:41):
That's good. That's a good, good observation, Dragon.

Speaker 1 (21:44):
I don't think they would. So what I would do
I would keep it simple, Roger. I would go online
the Colorado Secretary of State. I went to Colorado SOS
dot gov. People. When I say this, it's not a
kiss off, truly works. And what's good about la Z
Parking Limited is that they have a registration here, specifically

(22:10):
with an agent. So even though they're located in Hartford, Connecticut,
they are they have a local service company and a
local agent. So I think you'll be doing something. Really,
I really think they will settle with you. I really do, Roger.
And in fact, I want you to do what I say,
and I want you to let me know each step

(22:32):
of the way. We'll help you each step of the way.
Can somebody get Mark on. I want to ask Mark
a question about his experience in small claims. I don't
know if he'll know the question, but I want to
ask him. Then I'll ask an attorney. But since attorneys
don't practice in small claims, I want to ask him,
so see if he's available by cell phone. If he is,

(22:54):
that would be great. We have Barry Miller with us.
I'm going to talk to about Visa turnity. We have
some questions on buying rentals and they want to know
how they ever had rentals that lose money and how
do they know which markets to pick?

Speaker 4 (23:09):
All of that coming up on the Troubleshooter Show.

Speaker 1 (23:12):
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(24:17):
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(24:43):
You're a troubleshooter. I want to talk to Major Mark Major,
who does a lot. He's done a lot of small
claims and successful at it most of the time. He says,
what they do is call and try to settle it. Mark,
I want to ask you something. We know that if
they have a registered agent, you serve the registered agent.

Speaker 4 (25:02):
And that's it.

Speaker 1 (25:03):
What if they don't have a registered agent, because you.

Speaker 10 (25:07):
Know, technically, like I like I suit a bank. I
think it was Wells Fargo, and I could not find
a registered agent. Believe it or not. Banks are a
little different because they're national. It's different, like you won't
find day one on right Bargo Right. So I walked
into the branch I had a problem with and served
the teller and you know, bonded within a few days.

Speaker 1 (25:31):
Okay, So Mark, if they don't have a registered agent,
they're not immune from lawsuits because I asked you one time,
what happens if they're not if they don't have a
headquarter or a presence in the state. Now they have
to have a presence in the state, but they don't
have to have an office. They just a presence. But
like if it's online or something, you would have to

(25:53):
go to where they are or would you go here?

Speaker 10 (25:57):
Well, you mean like what like it was say Facebook
or something. Yeah, and they didn't have one. That'd be
pretty tough.

Speaker 1 (26:03):
Man.

Speaker 10 (26:04):
You got to serve somebody, so you have to serve them.
So I'm not exactly sure you would serve Facebook. But
there was a branch like if okay, I'll tell you
want to ride share? I sued they did not have
anything in the state in Colorado. It was so long

(26:25):
agot on understand who it was. It was Uber, so
if I see him, I couldn't find anything. But then
I found this thing they were putting on to hire
drivers downtown so people would show up down there and
learn about becoming an uber driver and it was put
on by oop. Oh we served them right then and there.

Speaker 1 (26:44):
Okay, So as long as you can find some kind
of a presence where you are, you can serve somebody
who's a representative of the company.

Speaker 10 (26:54):
Yeah, even an employee, like I said, I served that
bank teller. I made sure to grab his card and
his name so I could put down exactly who.

Speaker 4 (27:01):
I served, Cool Major, Mark Major.

Speaker 1 (27:05):
I appreciate it. And so is there anything people any
mistakes people often make that you wish you could tell
them about the small claims procedure.

Speaker 10 (27:15):
Any mistakes, Well.

Speaker 1 (27:17):
I think one of them is not following up the
judgment right if they get.

Speaker 10 (27:21):
A judgment, I mean yeah, but I mean through the
court and getting the judgment or getting through mediation. I
would say the biggest thing is you've got to sue
them in the right of and you so like, if
it's Douglas County, you want to sue them in Douglas County.
If it's Rapo County, you want to sue them in
a Rapo County.

Speaker 4 (27:38):
And how do you determine that?

Speaker 10 (27:41):
Well, generally, if they have a Colorado SOS, then a
record of who their person is, and it's okay deal. Okay,
generally it would be like Douglas counties that pay in
the ass, but it works fine. So in other words,
let's say you're suing Wellspark. You can't much get to

(28:01):
choose what county you want to do. So I looked
into county closest to you long as there's a branch
in Douglas County. But if they didn't have a brand,
say in Brand County, don't serve them there because you're
not going to have the proper venue.

Speaker 4 (28:17):
Okay, thank you very much.

Speaker 1 (28:19):
Mark, have a good time, you ensues in the motor
home having fun. I want to talk to Dimitri. Dimitri
has done some small claims. I don't know if you're
free to talk about all of these. But you're doing
you're doing a smash up job. You're going after people
who do unsolicited texting, right, Dimitri.

Speaker 11 (28:37):
Yeah, I sued a whole bunch of spammers and some
you know, successfully, I haven't you know, I haven't lost
the case yet. And like yesterday, I sued Verizon, but
not for spam but for breach of contract. So we'll
see how that goes.

Speaker 1 (28:52):
What part what part can you can you talk about that.
What was the issue?

Speaker 11 (28:56):
Oh, yeah, because it's all public record. So, uh, about
a year and a half ago, I bought a phone
at this retail store called celler Or Plus. They are
for a Verizon branded retail stores. Yeah, and it's a
thousand dollars phone and it's supposed to be free. You know,
you commit to this thirty month contract. Yeah, and well

(29:17):
and you know they charge you the thirty seven dollars
a month, but they'll to credit you the thirty seven
dollars a month.

Speaker 4 (29:22):
Well, did we lose them?

Speaker 1 (29:28):
Okay? I think I think let's get him back. Okay,
I got to take this break. We'll get him right back.
Go with a sure thing Denver's best roofer Excel Roofing
dot com. You don't pay a cent until you're content.

(29:51):
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
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 his Tom

(30:15):
Martina here at three oh three seven one three talk
seven one three two five five. Okay, quickly, Dmitri, I
had a question about small claims and we lost you there.
But but you were giving us a lot of good
information on what you're doing.

Speaker 4 (30:28):
And I want to know. Can you subpoena stuff?

Speaker 1 (30:31):
Can you ask for discovery? So?

Speaker 11 (30:34):
Yes and no. So I have so you can ask
the subpoenas. And I've successfully requested and god subpoenas in
small cases, small claims cases.

Speaker 4 (30:43):
Well, give me an example of a subpoena.

Speaker 1 (30:45):
Do you mean a subpoena would be for someone to testify? Well?

Speaker 11 (30:50):
Both, I did both. So I had a breach of
contract case and small claims in Adams County, and I
wrote up a subpoena just you know, you download the
forum from from the court and I wrote it up,
and I requested certain shipping records and I also requested
this witness to come in and testify about those records. Okay,

(31:12):
And I didn't even have to ask the judge. The
lady behind the glass window at the clerk's office, she's
the one who approved the subpoenas. Stamped it and handed
it back to me. And I've done it twice. Now
that's the extent of discovery in small claims. So you
can't do like requests for admissions and things like that.

Speaker 1 (31:34):
But you can do like, if he wants to see
that video, he can ask for any video of his car.

Speaker 11 (31:40):
Yeah, absolutely, But even more important what he should do
and this is what I This is what I did
prior to requesting the subpoenas. Is I sent in a
request to preserve certain documents. Okay, and you know you
sent that in via certified mail. They don't have to
turn them over to you at that point. But if
they destroy those dots, documents or that video, they're in contempt. Yeah,

(32:04):
they're not in contempt. What happens is because let's say
they destroyed before they got the subpoena, because they know
the subpoena's coming. Well, then the fact that they destroyed
it is going to be interpreted against them by the court.
So the gotchestion that the court will follow you that
had you know that was evidence that supported my case

(32:25):
and that I love that to meet you did, so
you can do.

Speaker 1 (32:29):
You can do discovery or subpoenas through for subpoenas, right
for information, videos and evidence.

Speaker 4 (32:37):
And by the way, Sean, we're going to be taking you.

Speaker 1 (32:40):
With this clinic issue Katschina. You might want to tell
them to hang on, we'll take them up first next hour.
We also have Barry Miller with us, and I have
some text questions coming in on Vestera Turnkey, so we're
going to talk about that and our informational meeting.

Speaker 4 (32:56):
This Saturday on the nineteenth.

Speaker 1 (32:58):
Stick around go with a short thing Denver's Best Roofer
Excel Roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free no
obligation comparison call Compass Insurance paying too much your coverage
at dozens of insurance companies find out Now three all
three seven seven one help. You'll think you're his only

(33:20):
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 2 (33:34):
Ripped Up News need advise you don't have come runnious
as can. Shooter's gonna help come.

Speaker 1 (33:49):
Dick is the Troubleshooter Show.

Speaker 4 (33:51):
No Tom Martino, Hell Tom Martino.

Speaker 1 (33:55):
Here we are in the business of taking your phone
calls and letting you basically problems, questions, complaints, getting something
off your chest. Are going after bad guys who've lied
to you, or cheated you, or ripped you off.

Speaker 4 (34:07):
One thing I will tell you, the longer you wait
on a problem, the worse it gets.

Speaker 1 (34:11):
It's always best to call even before there is a
real big problem. But you're just.

Speaker 4 (34:16):
Feeling a little uneasy about a transaction.

Speaker 1 (34:18):
We can give you a free look at all of
those issues buying, selling, what to buy, where to buy,
when to buy, why to buy, who to buy from,
who to avoid, Also when it comes to other things
like work, career, lifestyle. Listen, the show survived.

Speaker 4 (34:35):
All this time, the longest running radio show on the
air with the same host.

Speaker 1 (34:39):
Still on the air, because we do talk about those
everyday things. So when there's not an election or there's
not a controversy in the news, we still go strong.
And Sean's calling us today with a clinic issue. An
issue with a clinic, So Sean, spill the beans. What's
going on with you?

Speaker 4 (34:57):
Sean?

Speaker 12 (35:00):
I'm a big fan.

Speaker 11 (35:01):
I thank you so yeah.

Speaker 12 (35:03):
About around twenty seventeen, I went to this therapist place
called oak Tree Behavioral Health over on Union in Lakewood,
and I had my therapy session. I paid for it.
It wasn't for me. I thought I was done with it.
About four years later, I get this charge on my
card for three hundred plus dollars from this place and

(35:26):
I call them up and the guy says, well, oh,
it was we were training someone new and she never
should have charged her card and we're sorry about that.
And they gave me a full refund.

Speaker 13 (35:37):
And you know, I left it at that.

Speaker 12 (35:39):
And so just two days ago, I get an email
saying that the card that they have on file was
denied and they tried charging me one hundred dollars.

Speaker 1 (35:49):
And when I now, what do you mean it was
it was denied for the original charge, or it was
denied when you tried to put the credit through.

Speaker 12 (35:58):
It was denied because the card they had have is expired,
which I'm very grateful for.

Speaker 1 (36:03):
Okay, So they tried to charge you three hundred dollars
and it did not go through. No, no, no.

Speaker 12 (36:12):
The first time they did charge three hundred dollars and
it went through. And then I got a full refund
because he said that there was a new girl that
did it, and she never should have charged my card, okay,
two days ago. And then this was the three hundred
dollars part that was years ago.

Speaker 1 (36:29):
That was year right, And what was the new charge?
What was the new charge for?

Speaker 12 (36:35):
All I said was outstanding balance and one hundred dollars
was not. It never went through. And when I called up,
they said that I signed the contract thing that they
can charge me whenever they want. And when I requested
a copy of this contract, the guy just continues to
hang up on me.

Speaker 1 (36:52):
Well, they can charge you for services rendered and they
can do it years later. There's nothing against the law
on that. But what I don't understand is this. If
they charged you the first time, said it was a
mistake and gave you a refund, is it the same
card they tried to put through for the second charge? Yes,

(37:14):
it is.

Speaker 4 (37:15):
Yeah, Why why did the first charge go through.

Speaker 1 (37:20):
But not the second one?

Speaker 12 (37:23):
Because at the time they charged that card it was
still active.

Speaker 4 (37:27):
Then did you turn it off? Did you turn it off?

Speaker 12 (37:30):
Well, I just it just expired. So I got a
new debit card and they still have my old debit
card on file, which they tried to charge just a
couple of days ago.

Speaker 4 (37:40):
Okay, so the card had been expired.

Speaker 12 (37:45):
Yes, okay, and I and then I went online and
I read these reviews, and I mean, it is one
after the other.

Speaker 8 (37:51):
Everybody says, why don't you just ignore them?

Speaker 12 (37:55):
Yeah, that's you know, that's that was my advice. And
that's what I'm going to do, because I mean, and
they don't have a card on you, So.

Speaker 1 (38:03):
I mean, really, I mean, what are they going to do?

Speaker 4 (38:06):
What do they even say what the outstanding balance was for?

Speaker 12 (38:11):
Well, no, they didn't even tell me the actual amount.
They just said that this was one hundred dollars of
a payment plan, which I never signed up for. And
I mean, this is years later. I just don't understand it.
And a lot of the reviews said the same exact
thing that they're billing is fraudulent. And I don't know.
I just wanted them to be exposed.

Speaker 1 (38:31):
Yeah I would. I don't blame you. But what I
would do in a case like does I tell a
lot of people this, it's easier to fight something when
they come after you than trying to go after them
and prove the negative. So I would just sit tight
and not worry about it. Now where it would become
an issue, is if they try to ding your credit.

(38:52):
But do you think they'll do that?

Speaker 12 (38:54):
You know, I don't think they will. I don't think
they will. And I believe me asking for a copy
of the contract and them hanging up on me is
proof of that.

Speaker 1 (39:05):
Yeah, I don't think they're going to do anything. And
I want you to stay in touch. I'm flagging this
with your name and the date, so if you call
me back and they do something, well we can refer
to this. But I don't think you're going to have
a problem. And I want to mention this, and Sean,
I want to mention this for everyone. A lot of
people don't like delayed Billy, and I don't either. When

(39:26):
I was a kid, I bought a TV at Sears
once years this was oh my god, it was so
many years ago. I was probably twenty one, newly married,
bought a TV, big color TV at the time was
three hundred something bucks and can you imagine this TV's
The prices haven't changed that much anyway. This was that Sears,
those big giant boat anchors. This so it was never

(39:51):
put on my Sears card until two years later they
forgot or something and It was devastating to me because
when you budget your money and you're a young guy,
we're starting out, and it was like money. It was
like a new bill, even though I hadn't paid it.
To make a long story short, I had to pay it.

(40:11):
They don't have to bill you in a timely fashion.
It's still a valid bill. Now, technically, each state has
its own deadline or excuse me, its own statute that expires.
For example, in Colorado, after six years, you cannot get

(40:31):
a judgment on a bad debt. You can still pursue
them collecting. They can still pursue it okay and try
to collect from you, but they can't get a judgment.
So normally after six years it's a debt issue. If
they try to come after you tell them to stuff
it and they'll never get the money because they can't
get a judgment. But if it's prior to six years,

(40:54):
if you went to a doctor, or if you bought
something and five years later they bill you, they have
a good chance of collecting because it's within that six
year period.

Speaker 4 (41:05):
But they have to pursue a judgment within six years of.

Speaker 1 (41:09):
The due date. So it is really really an issue
with a lot of places that have sloppy bookkeeping.

Speaker 4 (41:18):
They do an audit and they discover, oh, man, we never.

Speaker 1 (41:22):
Build this guy for this, And then they go back
and try to bill you, and meanwhile you think you're
thinking it was all taken care of. So keep that
in mind. A late bill does not mean it is
invalid or a late charge, because it might just be
sloppy bookkeeping. But they have up to six years to

(41:42):
get a judgment. Now, a lot of people make a mistake.
Let me explain this to you. Let's say you're coming
up on six years on an unpaid bill and you think, eh,
I have You don't really know, but you think I'm
not paying this. I don't really Whatever it is, you
have a dispute. Now, this creditor knows that it's going

(42:06):
to expire in a few months, so they do this
thing called it's called a I call it a resurrection,
but it really is more like a life extension. They
make a deal with you and they say, hey, guess
what for for one hundred dollars, or for fifty dollars,

(42:26):
or for ten dollars whatever, we will just extinguish the debt.
Let's do a settlement. But you don't get the settlement
in writing, and they trick you into making a payment.
So let's say say they say for twenty five bucks,
let's just settle this whole thing, and it might be
a one thousand dollars billion. You're thinking, sure, for twenty

(42:46):
five bucks, just to be done with it. I'll do it.
At that time, when you make that twenty five dollars payment,
you have now resurrected this and it goes to another
six years. So they have tricked you into making a
payment or having activity on the account, and when you

(43:08):
when you have activity on that account, it goes another
six years. So now you have strapped yourself into another
six years of their collection efforts. So don't ever be
caught by that. If something is coming up on expiration,
don't fall for the trick that they're going to settle
with you for a few bucks here or there. I'm

(43:30):
Tom Martino three O three seven to one three talk
or you can call three oh three Martino three oh
three six two seven eight four sixty 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

(43:55):
an insurance check up, free no obligation. In comparison, call
Compass Insure paying too much your coverage at dozens of
insurance companies find out now three all three seven seven
to one help. You'll think you're his only customer when
you choose Frank durand the real estate man dot com
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two. Hi Tom Martino here

(44:21):
three oh three seven one three talk three all three
seven one three A two five five. I have Barry
Miller with me from VESA Turnkey and we're talking about
becoming a landlord and letting them help you by kind
of being your as I put it, your nanny. And
how do they do that well, part of the thing,

(44:42):
let's just talk about being a landlord in general. To
be a landlord, you go out and you buy a house,
You take out a loan and you buy a house.
Then you rented out. That's it and then you you know,
collect rent, pay expense. Is hope to break even, make

(45:02):
a little positive, and then you hope to sell the house.
Most of the play is an equity play. It's not
necessarily a play on making money every month. It used
to be years and years ago you could have some
rentals and have a pretty good income every month. Those
days are gone, basically, so what you hope to do
is make an equity play and keep your head above water.

(45:25):
That's how you would become a landlord. But most likely
you would buy in a market where you live or
where you're close, so you don't have to go out
and visit the property, or you don't have to have
a lot of interaction by long distance. But that right
now is not really a practical way to be a

(45:47):
landlord because the market you're in or close to may
not be a good market. And second of all, you
may not have the wherewithal to find the house, the
best house with the best returns in the best equity growth.
So that's where Vestera Turnkey came in. Barry says, you know,

(46:07):
I'm going to help people find the house. Then I'm
going to set them up with a good management company.
First of all, good lender, and then I'm going to
send them up with a management company. And then I'm
going to set them up with us to babysit their
account and to take the phone calls and make minor
decisions and all of that, and what the owner's going

(46:30):
to do is just keep track of their rental, and
when it's time to sell, they're going to sell it
and they're going to make their equity play. So the
questions I'm.

Speaker 4 (46:40):
Getting that I get all the time, and I'll just
go through them.

Speaker 1 (46:44):
You can text me directly and it comes right to
my cell phone twenty four to seven. I swear to
you if you ever need to talk to me or
you want any kind of advice, literally you get personal
contact here. Seven four seven fifty two eighty. That's seven

(47:04):
four seven nine nine nine fifty two eighty. Think of
it like this. Seven four seven is the big airplane.
I love airplanes. Nine nine nine is as close to
ten ten ten as you can get. So I go
seven four seven nine nine nine, and then fifty two
eighty for the mile High City, so that text will
come to me. You can also text us on the

(47:25):
iHeart short code, which is five seven seven three nine.
So if you text me there, just put my name
in there and it'll come to me five seven seven
three nine. So here are some of the texts I'm
getting that I get a lot of. So is this
a polled investment? The answer is no, Barry.

Speaker 6 (47:41):
Correct, it's not with us. Now there's Wave eight capital.

Speaker 1 (47:45):
Yeah. Because yeah, but let's talk about your program in
its purity. In it's in it's the way it was
originally intended. Again, it's one person in one house. Yeah.

Speaker 5 (47:56):
Direct by I call it, I mean you the consumer
by buying that individual home.

Speaker 1 (48:02):
Right, How do they know which home to buy?

Speaker 5 (48:05):
Yeah, heavily researched by Vesta's production research department. We look
at the economic area, then we look at the best neighborhoods,
then we look at the best homes. As you know,
we we buy homes the opposite end of fix and flip,
essentially no deferred maintenance time.

Speaker 6 (48:25):
We have over one hundred homes.

Speaker 5 (48:27):
Only two of them have had a maintenance issue in
the last three years at five hundred dollars.

Speaker 1 (48:35):
And the most I've had to do, and this is,
you know, before going in put up a fence. Yeah.
And then in most of those cases, my real estate guy,
which is your real estate guy, got the builder to
pay for.

Speaker 6 (48:49):
A builder or seller to pay for it.

Speaker 5 (48:51):
And that roughly fifty two hundred dollars cost added eight
to nine thousand dollars of instant value on the home.

Speaker 1 (48:59):
All right, that's what we're So you identify the houses
and you present it to your client base. A client
decides to buy the house, then you set them up
with a mortgage lender. They can pick their.

Speaker 4 (49:12):
Own, but you set them up.

Speaker 1 (49:13):
You have three You have people that understand the program,
so they're not afraid. So they're not afraid of it.

Speaker 5 (49:18):
No, and we have the power of numbers right behind us.
So the lenders, you know, are going to make sure
that the customer gets top rank.

Speaker 4 (49:26):
So what he did was he set me up with
a lender and I went through it and got alone.
Then the next step, I have the house. I just
closed on it.

Speaker 1 (49:36):
You had me put a couple of grand pad in
there in the account, but I've never come to my
first payment before it was rented.

Speaker 5 (49:46):
So far in four houses, ninety nine out of one
hundred have always had the tenant paying rent before the
first mortgage r Yeah.

Speaker 1 (49:55):
So the first payments due in a month to forty
five days, sometimes sixty days, and within in that time,
the management company you set me up with has it rented.

Speaker 4 (50:05):
So now you have rent coming in.

Speaker 1 (50:06):
You get a statement from the management company about the
rent and where it was applied and the net to you,
and most of the time there's no expenses, but you
you have it sent to you. What about lawn care?
Somebody wants to know about landscaping. Do I have to
worry about getting my lawn done and all that? Or
did the tenants take care of that?

Speaker 5 (50:24):
Property management takes care of that, and typically it's the tenants.

Speaker 6 (50:29):
Okay, it's the tenants.

Speaker 1 (50:31):
Okay. Well again of the time, so property management, make
sure the vendors you use on the house are all.

Speaker 5 (50:37):
Qualified, all qualified vendors of all types, even if a
refrigerator needs I don't know.

Speaker 1 (50:42):
How you find such good property managers. But this guy
is almost like me being there. I mean, he calls
me and says, hey, I'm going to run over there
and take a look at this. I don't think we
should do this, or we should do this, or hey,
can I get this powerwashed or something. I mean, it's
really really good.

Speaker 5 (51:01):
I call it p F P as in people f
as in find people Find is the most difficult part
of my job.

Speaker 6 (51:10):
I have to find the best.

Speaker 1 (51:12):
Okay, So now let me walk you through it. Barry
found the home. The real estate guy helped him. So
the real estate guy and me get together with Barry.
I send a deposit. We're under contract. Then they have
the house inspected. They picked the inspector. I get a report.

(51:32):
Then the real estate guy goes, I don't remember, I
haven't said a word, I haven't done anything. The real
estate guy goes and negotiates the inspection mitigation. Those are
all done or negotiated. Then we have a closing at
my house with a notary that comes here, and the
loan is set up in between where I apply for
the loan. They know the program, so that's kind of

(51:55):
walk through. They give you a step by step. So
now I have a loan, I have a proper and
a closing. Then the property manager calls me or sends
me an email and says, I'm your management company if
you want me to be, and you sign the contract.
Then a management company Mark in my case for all
of my property. So far, I love Mark. He then

(52:19):
sends me a contract and then he goes out and
finds people to rind. But what I noticed is he
never none of the people talk to just me. They
always copy you and your people. Why is that, do you, guys?

Speaker 6 (52:32):
Why is that that's the influence of the power of numbers.

Speaker 5 (52:36):
Every time they talk to you, I want them to realize,
you know, they're twenty twenty five other customers behind in
that neighborhood, and we have to make sure if one
has a problem, they're all going to hear about it.

Speaker 6 (52:49):
We have to make sure they're all well taken care of.

Speaker 1 (52:52):
Okay, So now then comes the long part is where
people say now what? See there is known now why?
And that I even had some of my partners in
this because I'm doing partials with people say now what
and I say, well, there is no now what. We're
just collecting rent and we have light bookkeeping that I

(53:14):
take care of and that people can take care of
very easily. When I say light bookkeeping, you can literally
just just do nothing. You can just take the statements
from the management company at the end of the year
and go to an accountant. All you're doing is accounting
for money and money out. Okay, So now what the
now what is growing and appreciation? So how long does

(53:37):
the now what take?

Speaker 5 (53:39):
I have a six year program that we're offering to
a lot of people. Three years typically is a good
time to sell that one property, use all the gains,
all the cash, money gains real money and buy two
properties and double the investment return. So tip quickly, we're

(54:01):
putting all those numbers together and putting it in a
nice presentation. I don't know if I'll have it for
the seminar on Saturday, but I'll be talking about it
at the seminar on Saturday. And I've shown it in
rough form to some people and it's really really a fact.

Speaker 1 (54:17):
So keep this in mind. One house per customer, you
go to Vestia, they set you up on buying a home,
where to buy, when to buy, who to manage, when
to sell, and they hold your hand in between. So
I had some The management company said there was some

(54:41):
pooled water in the backyard right after closing, and Barry wrote,
or Mark or Dave, don't bother Tom with this, We'll
take care of it. I never even in other words,
the management company just will let you know what's going on,
but they make decisions for you, or somebody made a
decision on what needed to be done. It was taken

(55:03):
care of. So it's kind of like they're your nanny.
That's the best word I can say. You're my nanny.
You take care of all the little crap that I
don't want to take care of Now I can get
as involved as I wanted to do. I mean I can.
I don't know why I would, but I mean, I
guess I could pick the renter, but I let you

(55:25):
guys pick them. I let you guys pick the renter.
I let you guys pick the lender. I let you
guys pick the guy to do the lawn.

Speaker 6 (55:32):
I assurance. We save your money on insurance.

Speaker 1 (55:35):
Yeah, I mean that's another thing, the homeowner's insurance. You
can go to your own people if you want, but
there are people that know the Vestia program and then
you're a binder right away. It all. There are certain
steps that happen on every single home, almost like a checklist,
although you don't actually have a checklist, do you or

(55:56):
are you developing on? Please?

Speaker 6 (55:57):
We have one internally and we always have.

Speaker 1 (56:00):
Okay, I would love to. I would this if I
had to make a recommendation. I would love for the
owners to have a checklist we're putting so they can
see it visually what their next step is.

Speaker 6 (56:09):
Get together visually hard copy or of course on the online.

Speaker 4 (56:13):
Okay, we got more coming up. I'm Tom Martino.

Speaker 1 (56:16):
Now we're taking any and all calls on any and
all things for problems, questions and complaints. And the main
thing is get it off your chest, even if it
hasn't come to a head right now three o three
seven to one three talk is seven one three eight
two five five or three oh three Martino and that's
three oh three six two seven eight four sixty six.

(56:42):
Go with a sure thing Denvers best Roofer, Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance checkup, free no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three oh three seven seven
to one help. You'll think you're his only customer when

(57:04):
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. Hello Tom Martine here
at three oh three seven one three eight two five five.

Speaker 4 (57:23):
Welcome to the show.

Speaker 1 (57:25):
Let's continue our discussion, and I'm taking your calls as
well as three oh three seven one three talks seven
one three eight two five five. So we we we
have a system where you go into a market and uh,
you the marketer is research. You identify a home, you
get the home inspected, get a loan, do everything. Now

(57:46):
this is you and vestera Okay, that's it. This is
the program. This is the main program. And so then
and we'll be talking about this this Saturday, the nineteenth
in the morning.

Speaker 4 (57:57):
Go to my Biggest return dot com to sign up.

Speaker 1 (57:59):
But this is what you're doing. You are buying that
house with the help of Vesteria. Vesteria doesn't own any
part of it. And where they make their money is
on commissions if they buy going in, sell coming out,
and also nowhere else.

Speaker 4 (58:16):
They have a small fee every year for managing, like six.

Speaker 1 (58:19):
Hundred bucks for taking your phone calls and doing all
the miscellaneous stuff. So here's the deal. Now you have
the house and you hold it up to three years.
Normally they don't hold it more than three. They come
to you at some point and say, I think it's
a good time to sell. Now let's not talk about
tax free exchanges. That's a whole different ballgame. Although it's

(58:41):
not that difficult. They can help you do it. Where
you keep, you sell that property and get another two
properties because of the profit you made. But for people.

Speaker 4 (58:50):
Let's just talk about a normal transaction. You're going to
now sell.

Speaker 1 (58:54):
So what you do is you put the house up
for sale and you sell it and make profit, and
hopefully that profit is a good return on money invested.

Speaker 4 (59:06):
And the money invested.

Speaker 1 (59:09):
Is really not that much because when you think about it,
you got a loan. You don't count that, you don't
count leveraged money when you invest, so you are really
getting the benefit of a lot of money on your cash,
a lot of money on your cash, on your cash.

Speaker 5 (59:27):
It's cash on cash. The worst we've had in the
last five years. Early on, I think the first hour,
somebody said, well, does anybody ever lose money? No one
has lost money or ever come close to it Withstera
since we activated it again in twenty nineteen, no one,
And the lowest is thirty percent per year cash on

(59:50):
cash after the property was sold.

Speaker 1 (59:54):
So you sell. So you come to them and say
it's a good time to sell, and you sell. Can
you act as the broker or you get the broker involved.

Speaker 6 (01:00:02):
The right broker, that's right, and we look for this time.

Speaker 1 (01:00:06):
So then it's sold and basically the investor takes their
their profit and leaves or they can keep going, or
they can do a ten thirty one. But it's that simple.
You buy and you sell.

Speaker 6 (01:00:19):
Hey, Tom, I have a couple questions.

Speaker 1 (01:00:21):
Okay, go ahead. Chopper is doing a house with me,
by the way, and let me explain what that is.
My wealth management company has an outside business interest that
we're doing. We're allowing people to do these Vestera homes,
but they're doing them with me. If they don't want
to do the whole thing, so they can choose whatever

(01:00:42):
portion they want to own. If they want to own
twenty percent, then I'm going to find another partner to
do the rest and I will take care of everything,
the loans, the book keeping, everything. So what is your question?
Two questions? Do they do? You keep it fun? Let's
say you had a set tank or something and it
went bad.

Speaker 6 (01:01:02):
How is that handled?

Speaker 1 (01:01:04):
And the other thing is barry? Do you avoid hoa's Okay,
a couple of things.

Speaker 5 (01:01:10):
Where the hotspot markets are well, they have many fewer hoas.

Speaker 1 (01:01:15):
Than what you don't want to avoid HOA.

Speaker 6 (01:01:17):
No, and we don't avoid them.

Speaker 5 (01:01:19):
But our highest HOA fee in the last five years
is forty four dollars a month, So.

Speaker 6 (01:01:27):
We're not in we don't have any above that don't
need them. In the markets that we're in. The HOA
is just doing the little.

Speaker 1 (01:01:35):
Because they're single family homes. There's not a lot of
HOA stuff like a condo or a town home. And
that was another question. Do you do tondos or townhomes?
You don't?

Speaker 6 (01:01:43):
Right, well, no, we do, but seldom less than three
percent of the time. To the finances.

Speaker 1 (01:01:51):
So now, if a septic goes or anything, Chopper is
just like anything, if there's enough money in the account,
you pay for it out the account or you come
out of pocket.

Speaker 4 (01:02:02):
You own the house, so you are responsible for the costs.

Speaker 6 (01:02:07):
But the other thing is we have the home before you.
It's ever presented.

Speaker 1 (01:02:11):
That's true.

Speaker 4 (01:02:12):
That's another thing.

Speaker 6 (01:02:13):
You have three different inspections.

Speaker 5 (01:02:15):
And then if we think, not think if we see
anything is old or potentially.

Speaker 6 (01:02:21):
Going to go out.

Speaker 5 (01:02:22):
We have gotten sellers to do a one or two
year home warranty program, and a couple of our customers
on the second and third year Chopper have said, wait a.

Speaker 6 (01:02:33):
Minute, maybe some big item is going to go out.

Speaker 5 (01:02:36):
Well, then it's worth six or seven hundred dollars to
get a home warranty program.

Speaker 6 (01:02:41):
That covers that item.

Speaker 1 (01:02:43):
But in any case, the bottom line is on most
of their houses. I don't know how to say this
other than stats show it. There are no big repairs.

Speaker 6 (01:02:53):
We haven't had anything above eight.

Speaker 1 (01:02:56):
All of the houses are relatively new. They don't buy
old houses. They're either new from a builder or relatively
new second or third owner at the most. And you
don't have these big expenses. But if you did, it
would come out of your pocket, just like anything had.

Speaker 6 (01:03:13):
To be at last resort. We've not had one person
have to do that.

Speaker 1 (01:03:18):
Let me take this real quick. Emily has a question. Emily,
what's going on? Hi there?

Speaker 14 (01:03:27):
Yeah, I am calling about a complaint with Grooves subru
what's the problem. So I traded in my vehicle April
first of this year. They failed to pay the total
amount of my car that I traded in for a

(01:03:49):
month and a half. They didn't pay it off until
June sixteenth, and were using my warranty I had on
the Subaru from the previous loot.

Speaker 15 (01:03:58):
While it's dinging my Wait.

Speaker 1 (01:04:01):
Wait a minute, Emily, let me get this straight. Let
me let me get this straight. You traded in a
car at Groove and the car you traded, they kept
open for a month and a half correct, and they
then they paid it off. And during the time they

(01:04:24):
had it open or unpaid off, was it in their
name or in your name?

Speaker 14 (01:04:31):
It was in my name still and dinging my credit
every single day that it wasn't paid.

Speaker 13 (01:04:36):
Off the vehicle?

Speaker 1 (01:04:39):
Why would it wait? Wait? Wait, why would it ding
your credit.

Speaker 14 (01:04:45):
Because I was delinquent for not paying.

Speaker 1 (01:04:47):
On a car Loan? Oh? Okay, hold on, let's come
back to this. This sucks, Emily. Hang on, I'm Tom Martine.
Go with a sure thing Denver's best roofer Excel Roofing
dot com. You don't pay a cent until you're content

(01:05:11):
of time for an insurance check up free no obligation
comparison call Compass Insurance paying too much your coverage at
dozens of insurance companies find out now three O three
seven to seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Hi

(01:05:35):
Tom Martino, you're troubleshooter. So Emily went to a dealer
and they paid off for car late and a dinger credit.

Speaker 4 (01:05:45):
Emily, There is no easy answer for this one.

Speaker 1 (01:05:48):
Okay, Oh I wish that was it.

Speaker 14 (01:05:52):
I wish there was just one issue. I've been given
the run around. They've told me about ten thousand dollars
in warning ties.

Speaker 1 (01:06:01):
When I argued, yeah, oh wait, whoa whoa whoa whoa
whoa whoa Emily Emily, Emily, Emily, they sold you. You
bought ten thousand dollars in warranties. You know, I mean
that that's kind of unfair to say they sold them
to you. You had to sign on the dotted line.

Speaker 14 (01:06:20):
Yet they had me come in four days after the
sale to quickly resign.

Speaker 1 (01:06:26):
Why did you? Why did you do it?

Speaker 14 (01:06:30):
I figured it was a national company with a good
reputation and I didn't have to worry about it. And
I was very wrong.

Speaker 1 (01:06:38):
Okay, let's take one issue at a time. First, the
ding on your credit? Did it do you damage? It?

Speaker 10 (01:06:47):
Sure did?

Speaker 1 (01:06:48):
What kind of damage?

Speaker 14 (01:06:51):
It was taking two points off a day off of
my credit every day that my car payment was late,
and because they did pay it off for two and
a half months, you can imagine it take a big ship.

Speaker 1 (01:07:06):
So you need to do a lawsuit against them for
slander of credit. That's not an easy thing, but you're
gonna have.

Speaker 13 (01:07:12):
To do it.

Speaker 1 (01:07:13):
It's going to cost you, but you have to tie
it to literal rejections of loans or where it cost
you because of it. Having a low credit score is
one thing, but the damages are another. I'll go over
the rest of it after this. Go with a sure
thing Denver's Best Roofer Excel Roofing dot com. You don't
pay a cent until you're content of time for an

(01:07:38):
insurance checkup free no obligation comparison call Compass Insurance paying
too much your coverage at dozens of insurance companies find
out now three O three seven to seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.

Speaker 2 (01:08:03):
Rita didn't need advice, so you don't have to run
as fast as the can Shooter's gonna help come.

Speaker 1 (01:08:17):
Man Dix is the Troubleshooter Show. Now, Tom Martinez, welcome
to the show. I'm going to uh, I'm going to
take a real quick uh, a real quick call here.

Speaker 4 (01:08:32):
Go back to Amiline a minute here.

Speaker 1 (01:08:33):
But Mike has a question on commercial insurance. And again
I want to try to juggle these calls as best
I can to get to all of them, and let's
talk to Mike. Mike, what is your question on commercial insurance?

Speaker 16 (01:08:46):
So my parents have a property here in Colorado and
they have a renter's policy because they live in the
batesment and up stairs as commercial. Okay, provided them with
this renters insurance coverage and it has the policies ready
for a five hundred dollars deductible And they even called

(01:09:07):
the agent before they called to file acclaim with the
insurance company and the insurance company ex claiming that it's
a twenty five dollars deductible. So the question is, aren't
they under the insurance company bound to pay to only
allow to be five hundred dollars deductible?

Speaker 1 (01:09:25):
Well, I want to I want to ask a couple
of questions, Mike. This renter's insurance. You said they're in
the basement.

Speaker 11 (01:09:30):
Of what of a building?

Speaker 16 (01:09:32):
Two story building?

Speaker 11 (01:09:33):
Okay, And they went for a building.

Speaker 16 (01:09:36):
With a walkout basement as a resident.

Speaker 1 (01:09:39):
But they rent that one area, right, they.

Speaker 16 (01:09:43):
Live in that area, but for them to have homeowners insurance,
that's the only coverage of the insurance company would offer
as rental renter.

Speaker 6 (01:09:52):
Do they own?

Speaker 1 (01:09:53):
Did they own the house? Let's get right to it.
Did they own the house above it? They don't get
to have You don't get First of all, I don't
even know how that happened.

Speaker 4 (01:10:02):
You're not allowed to have renters insurance in your own house.

Speaker 16 (01:10:08):
I trust me, I understand, but that's the way multiple
insurance companies told them. It had to be written.

Speaker 1 (01:10:15):
No, I'm sorry, whatever they got. Now do they rent? Okay,
they own the house? Who lives in the house above them?

Speaker 16 (01:10:24):
It's a business, commercial retail business.

Speaker 1 (01:10:27):
But they own it. Yes? Are they renting the basement
part from themselves?

Speaker 7 (01:10:35):
No?

Speaker 1 (01:10:38):
Well, they shouldn't have renters insurance. And I don't believe
that multiple agents told them that. I believe they missed.

Speaker 4 (01:10:45):
I don't even know how. But that's not what you're
calling about.

Speaker 1 (01:10:49):
But I'm just telling you there's no way they should
have renters insurance if they own the property. It is
an absolute exclusion. Okay, So let's just go to the
part that you called about the agent told them they
had a five hundred dollars deductible, correct, and they actually
have a twenty five hundred dollars deductible. The only thing

(01:11:11):
that will count is what's on the declaration page. Yes,
what is on the declaration page?

Speaker 16 (01:11:19):
Five hundred dollars.

Speaker 1 (01:11:20):
Okay. If they have a declaration page issued by the underwriter,
it's an actual declaration page telling them their coverage, then
they have a five hundred dollars deductible or they're going
to have to sue the agent for errors and emissions.
But they but they now I'm taking you at your

(01:11:40):
word that they have a declarations page, a real declaration,
not a letter from the agent, but a real declarations
page that says five hundred dollars.

Speaker 16 (01:11:54):
Yes, with all the all the coverage exclusions.

Speaker 1 (01:11:58):
Yeah, that's what they have. Yeah, Okay, then the company
can't back out of it right now. They can't. They
just can't.

Speaker 16 (01:12:06):
Okay, that's what I thought, And I wanted to give
your opinion. And I thought that Laker's insurance was kind
of weird too, But that's what they were told.

Speaker 4 (01:12:16):
Well, I don't care what they were told, no matter what.

Speaker 1 (01:12:18):
That's wrong. Okay. So that's okay, but it's wrong and
it's going to come back to bite them in the ass.
And if I were you, I would call Compass Insurance
and get real insurance for what you need. I don't
even know how you're getting renters insurance.

Speaker 4 (01:12:33):
They live in a building that they own.

Speaker 1 (01:12:36):
It's okay, you're lucky that this insurance pays anything. This
agent was totally negligent. Okay, So you got a bad
situation all the way around. Too much for me to solve. Actually,
they should have never had the policy. And it doesn't
matter if you were told. That doesn't matter. When you're told.

Speaker 4 (01:12:56):
Something wrong, guess what still wrong?

Speaker 1 (01:12:59):
Still wrong? And you're told something wrong? Three all three seven, one, three, eight,
two five five. I want to go back to amily
real quick. Emily bought a car. She has several issues.
One is she bought it from Groove Subaru. One is
the dealer paid off her car more than a month
later at digner credit. She has to tie it to

(01:13:20):
a loss and sue for slander of credit. There is
no other way around it unless they will voluntarily make
a cash settlement, which they won't. There is no other
way around it than to sue for slander of credit.
But if you actually have a loan that was turned
down or financial damages as a result, then you will

(01:13:41):
be compensated.

Speaker 4 (01:13:42):
But it's going to cost you money to get that done.

Speaker 1 (01:13:46):
Then you said you had other problems that they sold
you ten thousand dollars of warranties. What exactly do you
mean by that?

Speaker 14 (01:13:57):
So I had a factory warranty that I was unaware of.
They kind of pressured me into buying these warranties like
I wasn't going to be able to pay for it
if something went.

Speaker 15 (01:14:08):
Wrong with the vehicle.

Speaker 1 (01:14:09):
Okay, I get how they pressure you. Tell me the
exact warranties you bought.

Speaker 14 (01:14:16):
Uh Subaru wheels and tires in Subaru windshield as well
as a three thousand mile extended warranty on the Toyota
Tacoma that I traded it in. For now, I'm unable
to use either warranties, and I'm having issues with the
brand new Toyota Tacoma. I've had two appointments scheduled with

(01:14:37):
them that they told me that they cannot service my
vehicle and to take it to Toyota instead and use
my factory warranty. So not only did they sell me
the moon. I'm not allowed to cash in the stars.

Speaker 1 (01:14:50):
Okay, So Emily they sold you a windshield warranty which
is crap, by the way, wheels and tires, and and
an extended warranty right.

Speaker 10 (01:15:03):
And as well as JAP insurance.

Speaker 1 (01:15:07):
Okay, man, you did get screwed, You got totally. But
why did you.

Speaker 4 (01:15:12):
Agree to it all?

Speaker 1 (01:15:14):
I mean it came to a lot of money, didn't
you see an additional ten grand?

Speaker 14 (01:15:20):
Well, the paperwork that I signed the day of the
trade was completely different than the paperwork they handed me
four days later when I was just supposed to.

Speaker 1 (01:15:29):
It doesn't matter what only. The only thing that matters
is what The only thing that matters is what you
actually signed, the latest one you signed, because the way
you went in and signed again probably said the earlier
one was null and void. So the only one that
counts as the one you have signed, okay, if you
signed one. So are you telling me these additional warranties

(01:15:52):
were not put on there until a few days later. Correct.

Speaker 14 (01:15:57):
And I've gone in there three times to get to
the bottom of this, to where they've had four managers
either let go quit or fired or they've gone through
four different managers by the time I've traded my vehicle
in for this.

Speaker 1 (01:16:12):
Okay, what vehicle? So you bought a brand new Toyota
Tacoma from Groove Subaru.

Speaker 4 (01:16:17):
I didn't know they sold new cars.

Speaker 14 (01:16:21):
It's a twenty twenty three. It's certified us that they
had on the lot. I want to just Okay, you
road to Toyota and thought it would be a clean deal.

Speaker 4 (01:16:33):
Wow, I listen.

Speaker 1 (01:16:35):
I believe you. By the way, Emily, this is a screwjob.
There's no doubt in my mind it's a screwjob. The
problem is when people agree to screwjobs, they legitimize them.
But I think that some of these can be refunded
if you haven't used them. I think right that.

Speaker 14 (01:16:57):
You've gone in there. I've gone in there three separate times.
Given the run around, they were going to go back
through the electronic receipts of what I actually signed, and
by that time they had already switched over to a
new manager. So now we're on manager number four.

Speaker 1 (01:17:14):
Well, I think we need to help you. I think
we actually need to help you by actually dealing with this,
like calling them and saying, look, what the hell is
going on? You need to get your deal paperwork to us,
and I need to get someone to look at this
deal paperwork. Chopper, you're pretty familiar with car deals. You

(01:17:36):
know these with the windshield coverage is crap. The wheels
and tires crap, and the extended warranty crap. But we
need to get her out of these because I'm positive.

Speaker 4 (01:17:46):
She agreed to them. Now, Emily, I know that you
say they know they made they.

Speaker 1 (01:17:51):
Shuck and dribed you. So when you bought this originally,
there were no warranties. When you went back the second time,
they had loaded it up. Correct, I'll give you what
reason did they what reason? And Chopper, here's the deal.
I'm sure she agreed to those warranties. Okay, yes, But

(01:18:14):
the fact of the matter is, I don't think it's
too late to back out of them. I got someone
out of a deal one time that had ten thousand
dollars in warranties and we went in and there were
there were refund policies. There were refund policies because they
had not used them. And if she when did this
deal happen?

Speaker 14 (01:18:36):
April was the day of the deal, April mation. They
didn't pay off my trade in until June sixteenth.

Speaker 4 (01:18:48):
Yeah, you know, there's not much you're going to do
on that one.

Speaker 1 (01:18:51):
I mean, I swear to you that unless you have
actual damages, that's not even worth pursuing.

Speaker 4 (01:18:58):
I know, it's terrible, It is terrible.

Speaker 1 (01:19:01):
Look at we get a lot of complaints about these people,
this particular dealership. Where is this dealership? Is this on
a wrapp a hole?

Speaker 14 (01:19:11):
Nope, this is on Broadway and about Bellevue in Inglewood.

Speaker 1 (01:19:17):
Broadway. Okay, there's a bunch of them down there, Tom,
I'll yeah, Yeah.

Speaker 4 (01:19:24):
Here's what I want you to do.

Speaker 1 (01:19:26):
I want you to ask them how they can get
out of this, How she can get out of this,
because you can tell them that we They know it's
a bunch of crap. They know it is these dealers
that sell this crap. I don't know how the hell
they do it with a straight face, but they do.
They just sell this garbage. People.

Speaker 4 (01:19:46):
I am telling you that you should never.

Speaker 1 (01:19:49):
Buy anything extra ever, and I mean never, not one thing.
Anything that that dealer offers you can be bought better
after market from someone else, except maybe for what's called
pre paid service. That's where you buy oil changes and
stuff in the future, but you pay for them now.

(01:20:12):
Although I wouldn't even do that. Okay, I wouldn't even
do that. There is another coverage that is not terrible,
where the wheels are covered. If they're really fancy, expensive wheels,
that's for scuffing and all of that. But you should
never pay the prices they charge for that. This is
where the problem comes in is the dealer. You make

(01:20:36):
a good deal and then you get the screw job afterwards.
And that's what happened to her, and they made her
come back in. Here's what probably happened. They looked at
the deal Emily made and they said, you know what,
we didn't make enough money off of this woman. Let's
redo the deal and have her come in and sign it.

(01:20:57):
And they have her come in and sign it. And
a lot of people are stupid enough to go in
and sign new paperwork. Never buy anything from the FNI
department ever, and never re sign paperwork ever, never, ever, ever.
I'm Tom Martine. This is the biggest screw job I've

(01:21:20):
seen in a long time. By the way, if you
want to avoid being screwed in the real estate market
and you want to know what your house is worth,
and what it will sell for. Frank Duran, the Realestateman
dot com will give you a free market evaluation with
no obligation whatsoever. He'll go over your home, what it

(01:21:40):
will sell for, the comps and everything involved in your
home to give you an accurate price, and it's free
of charge.

Speaker 4 (01:21:48):
Frank Duran the Realestateman dot com.

Speaker 1 (01:21:57):
Go with a sure thing Denver's Best Ruffer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up, free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer

(01:22:19):
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 Archino here, Welcome.
Let's talk to Hang who has a problem with an apartment? Hang,
what's going on with you? Hello?

Speaker 13 (01:22:41):
Yes, I was, I'm new at the apartment living and okay,
yes at the apartment living. Yes, I and I looked
at my apartment Bill and I was overcharged on Brant Okay.

Speaker 1 (01:22:59):
Well, do you have a lease?

Speaker 13 (01:23:03):
Yes, I do have a lease with them. This is
my second year with them.

Speaker 4 (01:23:07):
And were you just overcharged on one month?

Speaker 6 (01:23:12):
No?

Speaker 13 (01:23:12):
I was overcharged for about six months.

Speaker 4 (01:23:16):
When did you first discover it?

Speaker 13 (01:23:19):
I think I discovered it back in I want to
say February or March.

Speaker 4 (01:23:26):
Okay, So, but is it an amount more than your
lease calls for?

Speaker 6 (01:23:34):
Yes?

Speaker 4 (01:23:35):
Okay, what does your lease say?

Speaker 13 (01:23:38):
My leaf said, my lease said it was a four.
I believe it's at sixteen sixteen thirty nine.

Speaker 1 (01:23:47):
And how much? Okay, that's an odd amount for rent.
So your lease stayed sixteen thirty nine a month? Yes, okay?
And how much have you been charged?

Speaker 13 (01:24:00):
I've been charged eighteen ten.

Speaker 1 (01:24:03):
Well that's a lot of money.

Speaker 6 (01:24:05):
What what?

Speaker 1 (01:24:06):
What?

Speaker 11 (01:24:06):
What is?

Speaker 1 (01:24:07):
Are you sure that the lease does not call for
some extra charges of some kind? Yes.

Speaker 13 (01:24:14):
I actually went through the lease and read it again
to make it before I went down to the office.
So I went down to the office and they agreed
that okay, we'll give you credit. Just come back tomorrow
and we'll talk to you. So I come back the
next day and out of I believe eleven hundred little
bit over eleven hundred some dollars day, threw feed that

(01:24:36):
I didn't even know about, and just piled it on there,
and I ended up maybe with one hundred some dollars
credit on my follow quarter.

Speaker 1 (01:24:44):
Well, you were paying you were paying about one hundred
and seventy dollars extra a month, correct, right? Okay?

Speaker 6 (01:24:53):
Yeah?

Speaker 4 (01:24:53):
So how many months were you charged the extra one seventy?

Speaker 17 (01:24:59):
Uh for about about five or six months, I believe,
why just five or six months?

Speaker 8 (01:25:05):
Do you know?

Speaker 4 (01:25:05):
Did they have any idea?

Speaker 1 (01:25:08):
Uh? No, they.

Speaker 11 (01:25:11):
They didn't have no idea.

Speaker 13 (01:25:12):
They just thought this rent was just completely straight out.
But when I resigned my lease, I got a I
got a deal, so I got a special offer with
the lady in there. So when new management came in,
they got rid of they just cleaned house.

Speaker 1 (01:25:27):
So now I know, but you were still overcharged. All
that matters is this one seventy times six months equals
one thousand dollars.

Speaker 4 (01:25:37):
Okay, oney, twenty, so you need one thy twenty?

Speaker 11 (01:25:43):
Yes?

Speaker 1 (01:25:44):
Okay, what are they doing about it? How are they
giving you back one twenty dollars?

Speaker 13 (01:25:51):
They didn't give me back. They threw they threw charges
on they retro some charges that I didn't even know about.

Speaker 15 (01:25:58):
So they're either getting charges.

Speaker 1 (01:26:00):
Okay, hold on, so to try wait, wait, wait, to
try to eat up that credit. They claimed that you
had charges they never charged you for. Correct What are
those charges for?

Speaker 16 (01:26:14):
Those charges?

Speaker 13 (01:26:15):
Was Renter insurance? So I asked him.

Speaker 1 (01:26:20):
I said, I thought how much how much a month
was Renter's insurance?

Speaker 13 (01:26:25):
Renter insurance was fifteen dollars a month.

Speaker 4 (01:26:29):
Well, that's that's not going to eat up. That's not
going to eat up one thousand dollars.

Speaker 13 (01:26:35):
Okay, and fetch and latch, which is thirty dollars a month.

Speaker 1 (01:26:39):
What is that? This is a service.

Speaker 13 (01:26:42):
This is a service for FedEx, fed x usps and
any other delivery service to enter the building to.

Speaker 1 (01:26:50):
Is that on?

Speaker 7 (01:26:51):
Is that on your lease?

Speaker 13 (01:26:54):
I didn't see it on my lease. I thought it
was a free service, but I never signed up for
it because I really you don't if I do have
certain package delivered I have so far, we're.

Speaker 1 (01:27:05):
Up to forty five dollars a month. What else?

Speaker 13 (01:27:11):
There was a rental garage. It was for seven months,
but that was on the other building when I had
a roommate. They retrowed that back for like six seven months,
so that's seven hundred dollars.

Speaker 4 (01:27:22):
So they're just okay, you, bro, you got a problem here.

Speaker 1 (01:27:27):
I mean, they're saying you owe these extra charges and
you're saying you don't. Yes, and okay, So how much
do all of their hold on? How much do all
of their extra charges come to?

Speaker 13 (01:27:44):
Usually comes? So the first I started, it came out
to about one hundred dollars a month extra charges on
top of that. So they have a electricity recovery bill,
so they've been charging me that every month since I've
been here, and I'm paying so I'm paying the Excel

(01:28:05):
Energy with my account for the apartment. And they're also
I believe they're dipping into an extra costs for them,
which is as electricity.

Speaker 1 (01:28:15):
Hang. Hang, this is this is way complicated, bro. They're
going to justify these fees? Now? Are these fees that
they're going retro on? Are do they continue every month?

Speaker 7 (01:28:32):
Now?

Speaker 4 (01:28:33):
In other words, the extra money that.

Speaker 1 (01:28:36):
They're going back and charging you, are you still being charged?

Speaker 7 (01:28:41):
No?

Speaker 13 (01:28:42):
That's why I waited three months before I gave you
the call.

Speaker 1 (01:28:45):
Okay, well, here's what I want to know. Why did
they Here's what I want to know. Why is management
saying that you owed fifteen dollars a month and a
delivery service for thirty dollars a month. If you owe it,
then why don't you owe it now? Yes?

Speaker 13 (01:29:05):
Maybe I don't know, maybe they didn't want to credit
me my account or you know, admit that they were wrong.

Speaker 4 (01:29:11):
So you just think they're they're all they're doing is
playing with the books.

Speaker 13 (01:29:16):
Yes, And when I go in there and I talk
to the assistant manager because it's everybody's new, the manager
comes in and cuts everything off and talks to me
really quick and tells me exactly how it is, and
that's it. And so I'm like, okay, you know you're
not going to even listen to me out, Listen out,
you know what I mean to me?

Speaker 1 (01:29:36):
Do you have a what do you think? Hold on?
You think that what is that fifteen dollars a month
again the one that they I know what the thirty
dollars a month is for delivery, but what about the
fifteen What was that for?

Speaker 13 (01:29:49):
It was the renter insurance? It was oh right, no
options on there, yeah, renter insurance.

Speaker 4 (01:29:56):
And they're still but they're not charging you for that anymore.

Speaker 13 (01:30:00):
No, they're not charging me for that anymore.

Speaker 1 (01:30:02):
Okay, what I want to know is this, If you
add up everything they owe you, what do you think
they owe you? I don't know.

Speaker 13 (01:30:18):
Maybe a couple two three thousand dollars?

Speaker 1 (01:30:21):
No, they can't. How can they owe you that much?
The only extra renu paid was ony twenty. How do
they owe you a couple thousand?

Speaker 13 (01:30:32):
Well, I believe that because they're charging me extra for
electricity on their ends.

Speaker 1 (01:30:38):
You don't know that though. You don't know that to
be sure, you're just guessing. You're just saying out of
the sky. Oh, they owe me an extra couple thousand.
Look at Hang, we can't deal with this. You have
to have black and white. Why do you think they're
charging you extra?

Speaker 13 (01:30:56):
I'm not sure she would not talk to me. I've
told her, I said, I haven't the count.

Speaker 1 (01:31:00):
Well, hang, when somebody when somebody won't, when they won't
talk to you, you have to do a spreadsheet and
then you need to sue them for it. That's what
you need to do. I mean, you can send us
a spreadsheet and let us know. But it doesn't sound
like you're even sure of what you're charged. It sounds
like you'res unsure man, you're not sounding confident. You're saying

(01:31:23):
you were paying.

Speaker 13 (01:31:25):
I do have all the paperwork here, like it said,
incorrect charge. Rent was eighteen hundred and ten dollars.

Speaker 1 (01:31:32):
That's right, that's right, That's what I meant.

Speaker 4 (01:31:34):
Eighteen hundred and ten. And they said, and well, hold on, no, no,
eighteen ten.

Speaker 1 (01:31:41):
Yeah, but the total hold on, but the total was
only on thy twenty that you paid extra. You paid
eighteen ten instead of sixteen thirty nine. That leaves you
at ony twenty. But they're saying there were other things
they did not charge you for that you now owe.

(01:32:01):
So what do they say you owe? Right now?

Speaker 14 (01:32:05):
Right now?

Speaker 13 (01:32:06):
I pay rent at sixteen something, so I can hold
them anything. I'm there.

Speaker 1 (01:32:12):
Are they Are they trying to make it? Are they
trying to call it good? Are they saying to you,
let's just call it even. They're not going to come
after you and you don't come after them.

Speaker 13 (01:32:24):
Yes, but I don't know why what they come after me?

Speaker 1 (01:32:28):
Because okay, hold yeah, okay, hang, I'm sorry, there's nothing
we can do for you. I'm being honest with you. Okay.
If you think that they overcharge you in rent, then
sume a Small Claims Court for it. You know what,
We'll have somebody call down there for that. Let me
just give it to somebody in the studio. Is dollar there?

(01:32:50):
He is? Okay? Dollar call over there and see what
they say about the increase in rent and see if
they bring up those old charges. But hang, we can't
have you come to us with just a bunch of stuff.
They overcharge you and rent. Okay, but now they're saying
you owe for some past fees. We can't just discount
those fees. We have more coming up. Go with a

(01:33:18):
sure thing Denver's Best roofer Excel Roofing dot com. You
don't pay a cent until you're content. Time for an
insurance check up free no obligation comparison call Compass Insurance
paying too much your coverage at dozens of insurance companies
find out now three oh three seven to seven to
one help. You'll think you're his only customer when you

(01:33:40):
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 Archino, your troubleshooter
three O three seven to one three A two five
five Tom you have a question, Go ahead, Tom, Welcome

(01:34:02):
to the show. I'm Tom.

Speaker 18 (01:34:06):
Hey Tom, Thanks. It's just for Barry and you. I
have an existing home or a paid four home in
just west of Winston's, Na that toy to sell and
then utilize that money.

Speaker 1 (01:34:22):
Now, where hold on? Where is your the existing home?
Was it a rental or a regular residence?

Speaker 18 (01:34:30):
It's just a rental. It's sitting empty right now, and
it's pay four and it's just just to the west
of Winston Salem, North Carolina.

Speaker 4 (01:34:38):
That's not a bad market. Why don't you have it rented?

Speaker 18 (01:34:44):
Yeah, it's I was. I just retired. We were going
to move into it, my daughters and my wife decided
to go a different direction. So it's just sitting is
an older home. It's not new like you guys were
talking about it was.

Speaker 1 (01:34:57):
I don't know.

Speaker 18 (01:34:57):
It's one hundred and fifteen years old, non about two acres,
so not real rentable.

Speaker 6 (01:35:04):
I don't think.

Speaker 13 (01:35:06):
No, it's not.

Speaker 1 (01:35:07):
But what about selling it? Can you sell it and
make a profit or at least get what you get
your money out of it?

Speaker 13 (01:35:14):
Oh?

Speaker 18 (01:35:14):
Absolutely, Yeah. We've had it for about three years or
four years now. I think we could probably double our money.
But I guess to wait, find a realer or down
there and then talk to Barry or Tom Tom.

Speaker 1 (01:35:28):
I'll tell you this, Barry knows real estate people he
can refer you to. I would talk to him directly.
He does a lot in North and South Carolina. Okay,
Now here's the thing. Here's the thing with that house
being as old it is as it is, and it's
non conforming, meaning it's on a larger lot than they're

(01:35:48):
used to.

Speaker 4 (01:35:49):
If you can sell it, you need to unload the
damn thing.

Speaker 1 (01:35:52):
Okay, you need to, and Barry'll have a good recommendation
for you on who to use for our real estate date. Okay,
And what you do is call him and whoever Barry recommends,
let them sell that for you. What you do with
the money is up to you, obviously. How much do

(01:36:13):
you think you'll come out with?

Speaker 18 (01:36:16):
Yeah, don't no, hold lot probably too hippee.

Speaker 1 (01:36:21):
How much of that will be gain?

Speaker 18 (01:36:25):
Ony?

Speaker 1 (01:36:27):
Okay, so you're gonna have significant tax bill? Yes, but
if you talk to Barry, he might be able to
structure that house right now into about two rentals of
tax free gain or tax deferred. I should say he

(01:36:48):
might be able to take it right where it is now,
have it listed, and do a ten thirty one into
one or two other rentals, in fact, maybe more than that.

Speaker 4 (01:36:59):
Are you interested in still being in the rental business?

Speaker 1 (01:37:04):
I mean.

Speaker 18 (01:37:06):
The way that you and Barrier are doing it, yees,
but managing it and taking care of it on my own,
absolutely no, I don't blame you.

Speaker 1 (01:37:14):
It's a terrible game to be in unless you're in
it full time, it's terrible. So what I would suggest
is that I would ask Barry specifically, In fact, I
would ask him very specifically on that house in that market,
could he help you sell it and do a ten

(01:37:34):
thirty one into Vestera and then you can take if
you come out with with pure cash, of that much
money you can do. Let's just put it this way.
Let's say you do one hundred investments, so you can
do two houses, possibly three you can do and there'll

(01:37:58):
be new houses with its great rental history or not
great rental history, great rental potential. So I would definitely
look into Barri and doing a ten thirty one first.
If he can't do a ten thirty one, just get
him to have somebody to sell it, because old properties
like that especially long distance are just a recipe for disaster,

(01:38:22):
so I would definitely do it. In fact, you got
great potential there, great potential to move into a great
rental market, make positive cash flow and then probably double
that money again. And if you want, you can drop
by the seminar this weekend on Saturday. We'll be there

(01:38:44):
and that's my biggest return. Dot com will get you
where it is. They want you to sign up first.
Otherwise I would just give you the address, but they
want to have some kind of handle on people, so
just do my biggest return dot com More. Right after this,

(01:39:05):
go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three O three seven
to seven to one help. You'll think you're his only

(01:39:27):
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 Artino,
you're a troubleshooter. This texture wants to know he sold
a vehicle, and he doesn't want to be responsible for
the car, and he doesn't altogether trust the owner to

(01:39:52):
make the transfer as he should. So what happens if
the car is used in a crime, or if the
car is parked illegally or any of that stuff? First
and foremost, when you transfer the ownership of a car,
there is something you can do with the state you
sell your vehicle, you can voluntarily report.

Speaker 4 (01:40:15):
Listen to this something very.

Speaker 1 (01:40:17):
Little people, very few people know about a report of
an ownership transfer with the Department or Division of Motor Vehicles.
Sellers report the transfer of ownership either online or go
to my DMV dot Colorado dot gov using report release

(01:40:39):
of liability under the Vehicle Services. So go to Vehicle
Services and you get a report called release of liability,
or you can go to your local county Motor Vehicle office,
although some of the people working there may not even
know about it. You have to do it within five
days of a sale. So if you make this sale

(01:41:00):
of a car and you want to make sure it's
out of your hands and out of your hair, you
can go online. Okay, my DMV dot Colorado dot gov.
Once you get there, then file a report release of liability.

(01:41:22):
It's a release of liability to report, it's called the
release of liability. And then you report the ownership transfer
and then you will be relieved of liability in the
future for parking, for towing, for impound for crime, for

(01:41:43):
anything like that. Speaking of cars, did you know that
if you're carrying a child's seat, it's best to be
in the back seat. I think most people know this.
The backseat is eighty six percent safe than the front
seat eighty six percent. Somebody asked me about a car

(01:42:06):
excuse me, a car seat, because I did a report
on car seats in the past. But what I want
to say is it's not so much the car seat.
Most of them are pretty damn safe right now. It's
where you put the car seat, and the safest spot
is in the middle. Now, some people don't have a
bench seat in the back, but they might have three seats.

(01:42:28):
If you do, the middle seat is best, or as
close to the middle as you can get. It has
a larger crush zone, so the back seat in the
middle is the best spot. It has less rotational force
exerted in the middle. By the way, this study came

(01:42:48):
from the University of Buffalo. They did auto crashes involving
fatality and what they found was the person in the
middle was twenty five percent safer than the other backseat passengers,
and in general, the backseat is eighty six percent safer

(01:43:09):
than the front seat. So keep that in mind when
you're talking about safety. We have more coming right up.
Go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance checkup free, no obligation. In comparison,

(01:43:31):
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three all three seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the Real estate Man
dot com to list your home with Remax Alliance three
all three nine two zero sixteen twenty two.

Speaker 2 (01:43:53):
Um news you need so you don't have come a
run in just as as as we can. Shoot's gonna
help come.

Speaker 3 (01:44:07):
Man Dix is the Troubleshooter Show. Now Tom Martine, Hi.

Speaker 1 (01:44:13):
Tom Martino here, Welcome to the show. Three ozh three
seven one three talk seven one three height two five five.
Let me get to the text. By the way, you
can text me at five seven seven three nine, or
you can go to seven four seven nine nine nine
fifty two eighty and text me directly. That's seven four
seven nine nine nine fifty two eighty. Let me get

(01:44:35):
back to the list I was on here of my
text I want to take. This person got slapped with
something I warned about. They had a hail loss. When
the adjuster came listen to this, the roof was fifty
two thousand dollars. They have a deductible of twelve approximately,

(01:44:59):
so that would leave forty thousand dollars left. But guess
what of that forty thousand dollars The insurance company is
only going to pay for half of it. Why you
guys have any guesses. It's called a co insurance penalty.

(01:45:20):
This is something that is widely misunderstood. A co insurance
penalty means you were purposely underinsured. Therefore the percentage of
under insurance will be your penalty. Because what they're saying

(01:45:40):
they call it a co insurance penalty, meaning you are
taking part of the risks on your own let me
explain it. Insurance companies expect you to be insured for
what your value is. But so many people Let's say
they have a house now valued at seven hundred thousand,

(01:46:05):
and they figure to themselves, you know what, the entire
roof is only fifty or sixty thousand, or the entire deck,
or the siding or the windows are only this much
or that much. And the only time I will ever

(01:46:28):
use the full coverage of seven hundred thousand dollars is
in a total loss, like I lose absolutely everything, and
that happens only maybe one or two percent of all losses.
So they think they're outsmarting the insurance industry, and instead

(01:46:51):
of ensuring for the seven hundred thousand dollars value, they
lie to their insurance people out the house and they
get to ensure it. Instead of for seven hundred let's
say it's let's just say in this case, it's three
point fifty, So they make it so they're ensuring three

(01:47:15):
hundred fifty thousand dollars. Sometimes unscrupulous insurance agents will do
this too, so now instead of being insured for one
hundred percent of the value, you're insured for fifty percent
of the value.

Speaker 4 (01:47:30):
But you're thinking, what's the big deal.

Speaker 1 (01:47:33):
What are the chances I'm going to have a claim
that's three hundred thousand dollars except in a complete loss,
and then all bets are off. But they're willing to
take that chance because insurance is getting so expensive. So
now they're paying. Instead of paying a giant premium like

(01:47:54):
four grand a month a year, let's say they only
pay two grand a year because ensuring for half of it.
But what happened in this case when you have a loss,
even if it's a smaller loss than the total, like
the roof, they look at your whole coverage and they say,

(01:48:15):
you know what, you were not insured for one hundred
percent of the home value. You are only insured for
fifty percent of the home's value. Therefore, every single claim,
we're only going to pay fifty percent. That's the co

(01:48:35):
insurance penalty. And then they cancel you. So not only
do you not get the full amount if they audit
your coverage, but then they cancel you, and then you'll
be considered high risk next time you go to try
to get insurance. So it's very very important when you're
dealing with ensuring anything, whether it's a car or whether

(01:48:59):
it's a house or no matter what it is, you
want to make sure that you ensure it for its
actual value. That's really important. If you think you're beating
the system by ensuring it for under the amount it
could catch up to you in a co insurance penalty,

(01:49:22):
keep that in mind. Now, there's another thing that I'd
like to get Brian Burns On about. I'm trying to
find because it's about antique cars and specialty cars or
specialty boats, or specialty aircraft or specialty anything, how do
you ensure them? For example, if you had an antique

(01:49:45):
car that was in nineteen forty, how do you price it?
There is something called an agreed value, and then there
is something called a stated value, and I always get
it wrong, but I want to get Company Kaschina try
to get Brian on because I have this question on

(01:50:05):
a greed value versus stated value from the past and
I forgot what he told me about that you can
buy coverage for an agreed value or you can buy
coverage for a stated value. They're two different kinds of

(01:50:26):
coverages that you can buy. And I'm going to ask
Brian from Compass to describe or to explain the difference
between them. Is he on right now?

Speaker 7 (01:50:38):
Yep?

Speaker 1 (01:50:38):
Yep?

Speaker 9 (01:50:38):
Hey Tom, are you good?

Speaker 1 (01:50:40):
Brian? Brian, we talked one time about antique cars, collectible cars,
antique aircraft, all kinds of stuff people want to ensure,
and you mentioned two kinds of.

Speaker 4 (01:50:51):
Coverages to me and I did not understand.

Speaker 1 (01:50:55):
Well, I did understand at the time, but I had
forgotten the nuances.

Speaker 4 (01:50:59):
Can you explain what they are?

Speaker 1 (01:51:01):
What is a greed value versus stated value? Yep?

Speaker 9 (01:51:08):
And so a greed value is what you want when
you're talking about agreeing on a value for a item
that you're trying to ensure. So that is essentially just saying,
this is the value that we're ensuring. If something happens,
this is what we pay you. That's a greed value.

Speaker 13 (01:51:27):
State okay.

Speaker 15 (01:51:28):
Value is what they use.

Speaker 9 (01:51:30):
To establish a rate. So let's say for a motor home,
they say, you know, what was the purchase price? Or
if it's a call that they can't pull up pomps for,
then what they do is they say, what, okay, tell
us what the value of this car is or the
value this motorhome. You say, okay, it's fifty thousand dollars.
What the stated value means is the insurance company, in

(01:51:52):
the case of a loss, will pay that stated value
or the actual cash value, whichever is less. So stated
value does nothing more than limit you. It does not
give you extra coverage. It makes people feel warm and
cushy because they see a value stated on their policy

(01:52:14):
and they're like, oh, man, if something happens, I get this.

Speaker 1 (01:52:16):
That's not why Well, why would an insurance company do
a stated value? Do they like a stated value? No?

Speaker 9 (01:52:23):
The only reason they do it is if they don't
have a value that pulls up, like with a VIN
number on most cars, when you put the VEN number in,
it is associated to a value, which is how they
determine their rates. There's certain vehicles or there's certain items
that you want to ensure motorcycles, rbs, even some vehicles

(01:52:45):
that don't have a value that a VIN number doesn't
pull anything up, so that they have to get a
value to establish a rate at all. But they don't
guarantee paying that amount. They're not going to pay you
more than what it's worth.

Speaker 1 (01:53:01):
Okay, So really it's an ACV, it's really an ACV policy.

Speaker 9 (01:53:07):
It's actually worse than an ACV. It's ACV with a
cap of a stated value. So if for some reason
the actual cash value ends up being more or greater
than the stated value, they're only going to pay the
stated value. So it's really a limitation when you're dealing
with stated value.

Speaker 4 (01:53:27):
When would you do a stated value if you were
a consumer?

Speaker 1 (01:53:30):
Never?

Speaker 9 (01:53:31):
Oh yeah, I mean you don't have a choice a
lot of times. But like I said, things like an RV,
they're going to ask you, like you, let's say, okay,
and what was the purchase price of this? And you'll say,
you know, eighty thousand dollars or whatever it was. That's
your stated value. But you're not really short changing yourself
because if something happens, they're not going to pay more

(01:53:53):
than eighty is what that means. But okay, the actual
cash value, which is how all vehicle policies are settled,
than agreed value?

Speaker 1 (01:54:02):
Now is an agreed When would I use an agreed value.

Speaker 9 (01:54:07):
For classic vehicles? Is your is your prototypical time to
do that? So you you know, they have a value
much higher than what maybe actual cash value because they
they've restored, but.

Speaker 1 (01:54:18):
The insurance but the insurance underwriter can't go back on
that once they agree that Let's say they agree the
value on that even though it's an old vehicle, it
was totally restored to new, it's worth sixty thousand dollars.
They would have to pay. They never have to pay
more than the agreed value.

Speaker 9 (01:54:36):
That's right, But they'll pay you exactly the agreed value,
and they don't. Let's say it's almost coming me and
they had, you know, some vehicle that that really even restored,
is really only fifty thousand. For the most part, if
I was to say, hey, I want to do a
greed value of one hundred thousand, the insurance company would say, oh, well,
send us a verification or an appraisal that shows this value.

Speaker 13 (01:54:58):
If so, the.

Speaker 1 (01:54:59):
Agreed value, then the agreed value has to be based
on something.

Speaker 9 (01:55:05):
Yes, but if it's within a value that I mean,
they do this enough. If it falls within a value
that they are comfortable with. They don't even always ask
for an appraisal, but they'll ask for pictures of the car,
pictures of the engine. They do ask for extra things,
but it's a very inexpensive insurance for what you're getting.

Speaker 1 (01:55:28):
I remember years ago I had an antique aircraft that
I restored. It was one of the few times that
I actually looked into ensuring them because they were almost
impossible to ensure. But I found this underwriter that does
aviation and they talked about a greed value and they
made me send them receipts from the restoration.

Speaker 9 (01:55:48):
Yep, yep, that happens for sure. Yeah, and an aircraft
is a whole specialty in its own but with vehicles
it's similar. Like I said, they don't always ask for
it unless it's outside of what they think the value
should be.

Speaker 1 (01:56:02):
Okay, So again though, if you're going to pick one,
a greed value is better than stated value.

Speaker 9 (01:56:07):
Yes, but it's just not always available. As my point,
you can't always just say, hey, you know, I've got
this car and I want to agree value that it's
worth this much. There are a couple carriers that do
agreed value from.

Speaker 1 (01:56:21):
The get go.

Speaker 9 (01:56:21):
It doesn't have to be a classic car, but that's
very rare. It's almost always actual cash value and they
have the established value.

Speaker 1 (01:56:28):
Okay, I just got a text. Can they do that
when a structure like a hunting cabin or a man
cave or something that is very special that will not
appraise for what they want to ensure it.

Speaker 9 (01:56:45):
No, I don't know anybody that will do it for
a home. Well, here's the thing. Homes are very different
their replacement cost as is. So if you're wanting to
ensure it, you just need to make sure you have
the dwelling limit that is appropriate for what the true
replacement cost is. So it's okay, one special stuff to

(01:57:06):
a home. You just got to make sure the dwelling
limit is to the is to where it needs to
be to replace it at that same at that same.

Speaker 1 (01:57:14):
So if you if you overdo it in the restoration
of a home or bring back an historic home, and
you overdo it and every home in the neighborhood is less,
it doesn't matter. It goes by replacement. So your replacement
might be five times as much as your neighbors for
the same house, but they will go by replacement.

Speaker 4 (01:57:36):
But you pay accordingly.

Speaker 1 (01:57:38):
Is that right, right?

Speaker 9 (01:57:39):
Your dwelling limit needs to reflect what that work that
you've done is you know has happened there. But then
in the case of a total loss, the insurance companies
on the hook to rebuild your house house.

Speaker 17 (01:57:51):
Okay, before up to that dwelling limit, will they make
you substantiate the restoration of a home like they do
with vehicles. If it's way outside what the replacement cost
estimators come up with. And it depends on how high
value we're talking about. If the home is over a

(01:58:13):
million dollars of dwelling limit of coverage, almost every carrier
will do an interior inspection and they'll have an actual
like appraiser that is coming up with the value. So
they're going to look and say, they'll see all the
work you've done. They might ask for receipts at that point,
but they'll associate it to an accurate dwelling limit.

Speaker 9 (01:58:34):
I'll tell you this, I don't have the conversation from
customers saying that they're being under insured. Whenever those inspections occur,
it's almost always, hey, this is way too much. I
don't think my house it would got it didn't cost
as much to rebuild.

Speaker 1 (01:58:48):
Got it. That's Compass Insurance Group. Thank you Brian for
that information. Remember stated value versus a greed value three
zero three nine nine six nine thousand. 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

(01:59:14):
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 all 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 all three nine two zero
sixteen twenty two. Hi Tom Martino, you're troubleshooter three all

(01:59:42):
three seven one three talks seven one three A two
five five So much useful information. My god, that's state
of value versus a greed value. You'd be surprised at
how many people get that wrong. By the way, One
clear Choice Garage Doors for all your garage door needs.
If you need an opener, a part of a door,
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(02:00:03):
twenty four hour service. Why would you need it? Well
for a broken spring, for example, if you can't get
your door.

Speaker 4 (02:00:08):
Closed to secure your house.

Speaker 1 (02:00:11):
Oneclearchoice Stores dot com great people for garages, and all
of their prices are on their website. One clear Choice
Doors dot Com. Okay, I have something else here that
came in by text that is also misunderstood.

Speaker 4 (02:00:26):
Let me find it here. It is really a good topic.

Speaker 1 (02:00:30):
Dog go on it. Where did I put it? Oh? Okay?
Somebody wanted to know about patenting something. They were told
they could not patent their idea even though no one
else has it, and doing a patent search there is
no other patent on it. This is very tricky, and

(02:00:53):
I want you to listen carefully to this. This is
very tricky Technically, when you talk about an invention or
an idea that is unique. Let's say, for argument's sake,
it's totally unique. If you disclose it publicly, you only

(02:01:15):
have one year to patent it, or you can never
patent it. But how would anyone know if you publicly
disclosed it. Was it on a website, was it in
social media? Was it in an email or a text? Now,
let's say you told a few people at a cocktail

(02:01:38):
party one time. That is technically a public disclosure. But
if those people never remember it, nor if they don't
want to, let's say, challenge your invention, you can just
go ahead and patent it as if it was never disclosed. Remember,
public disclosure has to be claimed by either yourself or

(02:02:03):
someone else who's challenging your patent. So if you don't
think there's anyone that's going to challenge it, and they're
not going to remember that you disclosed it, you can
probably get away with it.

Speaker 4 (02:02:17):
But really, and technically, this is weird if you disclose it.

Speaker 1 (02:02:24):
If you do, you only have one year to get
it patented, or you never can do it and no
one else can patent it either.

Speaker 4 (02:02:34):
Think about that.

Speaker 1 (02:02:36):
So if you told it to somebody and that somebody
went online and wanted to spoil your chances, you would
never be able to patent it again. Now, there is
also something called first to file. First to file is
what counts? Not first with the idea, some people used

(02:02:58):
to send a registered let to themselves in all kinds
of nonsense to prove that they thought of something first.
Thinking of something first does not give you the right
to that. It is first to file that counts. What
does that mean? The first to file? But what if
you're not ready to do a patent, but you have

(02:03:22):
the idea and you want to protect yourself, you can
file what's called a provisional patent.

Speaker 4 (02:03:30):
What does a provisional patent do?

Speaker 1 (02:03:33):
What it does? Listen, it's really cool. It says, here's
my place in line. If there is no one else
ahead of me, then I get it. Or if someone
comes behind me, I get it. It's still not a patent.

Speaker 4 (02:03:54):
It's just a place in line to get your patent.

Speaker 1 (02:03:59):
But beware, 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. 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

(02:04:21):
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Hi
Tom Martino, you're troubleshooter three all three seven one three
talk seven one three eight two five five Richard, what's

(02:04:43):
going on with you?

Speaker 4 (02:04:44):
What's happening?

Speaker 1 (02:04:44):
Richard? Welcome? Hi? You want to.

Speaker 7 (02:04:48):
Alert your listeners that there's a new scam or I
this is the first time I've ever seen it?

Speaker 1 (02:04:54):
Uh? What is it?

Speaker 15 (02:04:55):
Text?

Speaker 7 (02:04:56):
Well, it said Amazon Customer Service, and the text read
as follows. We're sorry to inform you that the seller
your recent order, from your recent order did not meet
Amazon's marketplace policies. To ensure your satisfaction, we automatically enabled
your refund eligibility. You're entitled to a full refund without

(02:05:19):
needing to return the item. Then there's a link to click.
I can't stopped right after that. Oh wait wait wait,
that's all they that's all. The further that I went
is because they started to want your personal information. I
just got off the phone with Amazon and there is
no refund due to me of any kind.

Speaker 4 (02:05:40):
So, man, that's a good one. You know, that's a
good one.

Speaker 1 (02:05:46):
That's a good one because people see it all boils
down to this, though, what do all of these scams
have in common? Or they can't get you. You must
click a link.

Speaker 7 (02:05:58):
Exactly.

Speaker 1 (02:06:00):
That's what it all comes down to. But thanks for
letting us know. I had not heard of that one
at all, and that is good to know. Man. So basically,
they're saying the seller did not meet standards, and obviously
if you want your money back, you don't have to
do a refund. It's very attractive. Thanks Richard, appreciate it.

(02:06:20):
You know half of the stuff we learn is from listeners,
so keep it coming, Sully. What's going on with you? Sully?
Welcome to the show.

Speaker 15 (02:06:28):
What's up?

Speaker 1 (02:06:29):
Hey man?

Speaker 15 (02:06:29):
See you guys haveing me on. I'll give you the
brief version here. I've been caregiving for my mom for
almost the past two years. About a couple months back,
she took a couple falls. She ended up in the hospital,
and then she ended up in a rehab center and
she wasn't really able to walk or anything. She needed
help getting to the bathroom, doing anything. She was basically
stuck in bed and a lot of it was from chronic,
severe chronic pain from arthritis. Anyway, she was in the

(02:06:52):
rehab center for about a month and this last week,
by the way, she's in her eighties. This last week
she slipped and fell and her hip at the rehab center.
She also whacked her head really good. She lost some
blood out the back of her head. She ended up
getting surgery. She's got a new hip ball in place,
but she's having a really rough time with it. I'm

(02:07:13):
trying to figure out if there's a lawsuit to be had.
I'm not a very litigious person. I'm not looking for trouble.
But I'm just trying to figure out, is this it's negligence?
How does one proceed in a situation?

Speaker 1 (02:07:21):
Okay, here's how you do it. Here's how you do it, Sully. Basically,
when someone is in a nursing home or assisted.

Speaker 4 (02:07:31):
Living, the people taking care have the same level.

Speaker 1 (02:07:36):
Of care you would give them if they were living
with you. Okay, So whatever you're responsible for, they're responsible for.
That is my go to statement, because really people don't
understand negligent. Negligence does not mean it happened. Negligent means

(02:07:56):
it happened and it should not have happened. Gotcha, And
it happened because someone did something wrong. So let's analyze it.
What did they do wrong? Do you think? So?

Speaker 15 (02:08:13):
I think that they should have been keeping an eye
on her, that she they told me when I went
in there. When I got there, it had been almost
an hour and the EMS wasn't there. The EMS you've
actually came to get her and took her way. But
when I was there, they told me that they had
several other patients there that were under a no unassisted
walking order and they were keeping a very tight leash
on those people. And you know my mom should have

(02:08:36):
been under that order. I mean, the whole reason she
was there for was from two previous falls that had
not led to a broken well.

Speaker 1 (02:08:42):
Was she under was she under a vigilant unnoticed or
was she under you know, ambulatory notice?

Speaker 4 (02:08:49):
I mean what kind of coating did they give her.

Speaker 15 (02:08:53):
I'm not sure the coding, but I think what what
I'm trying to say is there was other patients there
that were under that that strict you know, close eyes right,
don't get up and try to walk, And she should
have been because the whole reason she was there.

Speaker 1 (02:09:06):
Okay, now if they miss if they mischaracterized her, there
is a definite cause of action. However, your contract with
them may have certain waivers concerning this. Did you look
at anything that you signed when admitting her?

Speaker 15 (02:09:25):
I have not, But honestly, I didn't sign anything when
we admitted her. I won down there and she was there. Yeah,
they haven't had me sign any paperwork. I never signed
any documents.

Speaker 4 (02:09:35):
I wait a minute, way to Sully Sully, did she
sign anything?

Speaker 15 (02:09:41):
You know, she might have And granted this only happened
a couple of days ago, so I haven't had a
chance to go down there. And collect all the PaperWorks
in the documentation.

Speaker 1 (02:09:48):
All right, here's what I want you to do, and
then you can call us back and we'll put Deputy
Dock on it. Let me mark that down, deputy doc.

Speaker 4 (02:09:55):
But I want you first, Okay, it's not it's not
too okay.

Speaker 1 (02:09:59):
I want you to get you ask them for any
documentation signed by you, even though you know you didn't sign,
or your mom. Just you just want documentation. Then you
want any internal notes on the fall.

Speaker 6 (02:10:15):
Okay.

Speaker 1 (02:10:16):
Those are the first two things you want.

Speaker 4 (02:10:18):
And all of her records. Okay, now here's the thing.

Speaker 1 (02:10:22):
It could be.

Speaker 4 (02:10:24):
It's just that she's old and blah blah blah.

Speaker 1 (02:10:27):
If here's how you determine if they misclassified her. If
she was not under a watch. Okay, and I forget
what they call it, but there's if she was not
under a watch. The question is would a reasonable person
have put her under a watch? In other words, did

(02:10:51):
she have previous falls? Did she have walking problems? Or
can they honestly say we had no idea she would
fall and break her hip? Everything is just a logical,
reasonable approach. These are the questions you ask, and you
can ask them directly when you pick up that paperwork.

(02:11:14):
You can ask them this, should my mom have been
under a more strict watch? Now, don't say it as
if you're threatening a lawsuit. Simply ask them should mom
and see what they say. If they say, well, maybe,
well that's really bs man. But if your mom's in
her eighties, this is not uncommon. So it's not that

(02:11:37):
it happened, But you got to figure out if she
was totally mischaracterized. In other words, what a common man
have looked at her and said, holy crap, this woman
is weak, this woman needs assistance. Then you know it's
called the common man perspective? What would a common person
say by looking at your mom? And you got to

(02:11:59):
be honest with yourself, is is something that just happened
or were they totally lax? And the fact that the
facts that other people were put under this watch, you
would want to compare those people to your mom and
if they were as bad or not as bad as
your mom, then you have a serious question. Now, the

(02:12:23):
other part of this problem, bro, is not going to
be whether or not there was negligence, but whether or
not anyone will take the case. And I'm going to
tell you the sad, hard facts of that coming up
and why someone may not take the case. I'm Tom Martino.
Go with a sure thing Denver's best roofer Excel Roofing

(02:12:44):
dot com. You don't pay a cent until you're content.
Time for an insurance checkup free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three O three seven
seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot

(02:13:05):
com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two. Hi Tom Martine
here three all three seven one three talk seven one
three eight two five five Sully here.

Speaker 4 (02:13:28):
My mom one time ate.

Speaker 1 (02:13:30):
A piece of boneless chicken and it had a bone
in it and a broke her tooth and she needed
major dental surgery and it really did a lot of harm.
And under the eggshell theory, meaning even if you're as
fragile as an eggshell, the perpetrators or negligent people take

(02:13:52):
their victims as they find them, So even though my
mom was old, they had to be responsible for the injuries. However, However,
no attorney would take it. Why because there weren't a
lot of damages as far as just the medical bills,
and they were already willing to pay for the medical bills.

(02:14:15):
So pain and suffering as you get older, suffering meaning
loss of opportunity, loss of enjoyment goes down because they figure,
what the hell is someone eighty nine? My mom was
eighty nine, what is she going to or eighty eight whatever?
What is she going to do? And it really gets
down to cold hard calculations. So let's say they're one

(02:14:39):
hundred percent responsible for this hip, it's going to be
hard to find an attorney to take it, That's all
I'm telling you, because they have to prove this all
and they have to get an award, and then they
take a third of that award, and many times courts
are reluctant to award big stuff. Now, let's just say

(02:15:03):
they left your mom laying there with a broken hip,
and they were totally negligent and terrible and she suffered.
Suffering's different, but being a victim of a hip break,
it depends on how much she lost out on and
how much she actually suffered. I hate to put it

(02:15:23):
in such black and white terms. But that's really what
it comes down to. So you're just gonna have to
talk to your mom and find all this out. And
then the biggest, the best barometer of whether you have
a case is by running it by a personal injury attorney.

Speaker 7 (02:15:45):
And of course we always got an appointment on Thursday.

Speaker 15 (02:15:47):
And I'm gonna say, how goes.

Speaker 1 (02:15:49):
So call me back. I'm gonna mark this down. I'm
gonna mark this down that we talked. Okay, I'm gonna
mark it down as pending. So call me back no
matter what, tell me what you find out and let's
have another conversation. I'm very sorry this happened, and just
call me back. Thank you, Bro, appreciate it. You can

(02:16:10):
usually get through on three oh three Martino. If you
leave your number, we'll call you back even so you
can do that as well. All right, Tom, I have
lam landscaping at my house. They're doing a beautiful job. Great, Okay.
Someone else says, Tom, I want to know where the
seminar is for Vesteria. Okay. For that, you got to

(02:16:30):
go to my biggest return dot com and register. Then
they give you the location. Okay, and by the way,
that'll be this Saturday, the nineteenth, I will be there
to talk about it, and remember I'll also be there
to talk about Wave eight Wealth management and how you
can be part of that as well if you want
to be, and I hope to see you now. Remember

(02:16:55):
you can always call three Oho three Martino twenty four
to seven for help real three six two seven eight
four six six