The Troubleshooter 7-23-24

Episode Transcript

(00:00):
Yea off ripped up in need advice, so you don't have you come running.
Just as fast as we can.Shoot's gonna help come Man Dix is

(00:20):
the Troubleshooter Show. No Tom Martino, Hi, Tom Martino here, Welcome
to the show. Three oh threeseven one three talk three oh three seven
one three eight two five five Welcomeone in all, including my YouTube morons
and uh thank you and my Facebookflunkies. We have people streaming online.

(00:43):
We have a lot of people whoalso download. So here's the deal.
People who download off and say,you know, I don't get a chance
to participate, but I'm leaving openthat voicemail. Uh, and we call
it our voicemail, but it's reallycomes right through to the show when we're
on the aras three oh three Martino. That number is twenty four to seven.
So if you're listening working out andyou want to comment, if you

(01:06):
call that number, we'll get youback on the air, even if you
want to comment on something we've hadin the past, So feel free to
call that number at any time.Three zero three six' two seven eight
four six' six. Welcome tothe show. We're here to help you
solving problems, answering questions, andtaking complaints. Now, listen, we

(01:26):
get an ask full of politics andpreaching everywhere else. So what I try
to do is only talk about thatstuff as it relates to us and how
to help us through the day.But welcome, Okay, So you can
call about anything you want if youhave a problem. Now, one thing
I found very interesting in the newsis a fight over the number eight.

(01:52):
Do you know what I'm talking about? Lamar Jackson and Troy Aikman both want
a trademark on the number eight.You know, trademarks are funny things.
What are they? There are marksthat identify your business. Let me give
you an IDEA copyright is different thana trademark. Copyright is a work that

(02:13):
you copyright. A story, aslogan can be copyrighted, but it's also
trademarked. A trademark is like theM in the McDonald's. It's the shwush
for Nike. It's an identifiable mark. It's a trade mark. Now,

(02:38):
the number eight could be a trademarkfor certain businesses. But there is a
problem if you take a common trademarkor a common thing and try to make
it a trademark or try to copyrightit. You can't make it yours.

(02:59):
They give you a hard time whenyou go to register a trade mark if
it is something that everyone sees.But if you give it a unique look
and it applies to a specific industrywhere there is no confusion, then you
can have that industry or that areaof trade for your trade mark. If

(03:25):
someone else tries to make a similartrade mark in a similar industry, there's
a problem. But if they tryto make it in a different industry and
it's not so similar, it's okay. So you can have two different eights
as two different trademarks. But intellectualproperty is really really confusing. For example,

(03:46):
with websites, a lot of peoplehave websites and they have a name
of a company. Right, Well, somebody goes out and says, I
know what I'm going to do.I'm gonna go out. I'm going to
get the name. I'm going toget the name of that website. So
they feel like they're beating the system. I'm going to get the name of
the of the website. And whenthey get the name, they think they

(04:10):
own it, but they don't.You may have gotten the URL, but
if it uses the name in theURL. That person who owns that can
can claim it. That happened tome one time. I was very early
on the web getting URL's or websiteaddresses, but one time something slipped.

(04:30):
But because they owned it, thatform, even that form of the name
was mine. Oh Anna has aproblem with a lander lord housing issue.
And I believe, I believe westarted this. I thought we started this
yesterday. Maybe not. Maybe it'ssomeone Oh no, it's not nine.
It us yesterday. But Anna,go ahead, what is going on with
you? Okay? Well, Ilive with my son and he's been renting

(04:55):
a home for the past five yearsand we received a notice that they were
going to not renew the lease andput the property up for seal. So
we found a new property to purchaseand made an offer, which was accepted,
and at the last minute, theowner of that property says she can't
move out until August first because shehas to have hip surgery. Okay,

(05:23):
So this, this other rental,this other rental was supposed to start when
it's a purchase, it's not arental. Oh, I'm sorry this okay?
So she you found a home tobuy and or he did, and
when were you supposed like did yousign the contract? Yeah, but just

(05:46):
just before he signed a contract forthe offer, she sprung this. Then
okay, got it. But here'sthat. So we can't move been there
until August first. We have tobe out of this rental that we're in
now July thirty first, and we'vebeen trying to get well that timing is

(06:09):
perfect. No, we have amonth. Well, you said you have
to be out August thirty first,and you're moving in the other one September
first, Is that right? No, we have to be out of the
rental July thirty first, oh twoweek or so, so we cannot.
We've offered to stay and pay anothermonth's rent here, but we get no

(06:31):
response from the property management company.They just won't return calls or even you
can't they acknowledge. First of all, let me ask you a few things.
The apartment you're in right now,or the house or whatever for the
past five years, the house thatyou're in for the last five years,
you let them know you were leaving, right Yes, what date did you

(06:54):
give them? Well, I don'tknow if we gave them a date.
They gave us a date which wehad to be out of here. What
date did they give you jot.Okay. So when they gave you that
date, what did you tell them? Nothing. We just didn't say yes,
no, or otherwise. We justdescend that was the date we had

(07:17):
to be out, and we woulddo that. So you never said okay,
I don't think so. My sonwas the one that was dealing with
them, but I don't think hecommunicated to them. Yes, well,
he asked them for an additional monthand they never responded. Okay, has
anyone? Has anyone? They saidthey're selling the house? Yes, has

(07:41):
it been listening and put it onthe market. We tried to buy it
and they said they wanted to putit on the open market rather than do
the purchase with us. So isit on the market right now? No?
Well, here's what I would do. Okay, you have a lease,

(08:03):
you don't really have an eviction.You don't have an official When was
this a month to month lease orwas it up at the end of July
a year? Yeah? So doesJuly the end of July constitutes the end
of that one year lease? Yes, okay, I would think that in

(08:24):
the absence of them not. Thereare new laws that favor tenants. Here's
what I would do. This isnot legal advice, but we can get
some legal advice for you from BradO'Brien, and I tend to want to
do that. But here's I'm goingto just tell you I'm going out on
a limb. Here's what I woulddo. I would simply say we can't

(08:45):
leave yet, and I would stayand pay the rent. I mean,
I don't see what they can doto you. You're not looking for you
don't care what they tell another landlord. It's not like they can blackball you
with another landlord. You're buying ahouse. And if you're buying a house,
did you guys sign the contract ordid your unsigned contract for the new
house? Yes? He did?Okay, fine, and you take possession

(09:09):
September first, correct. I wouldjust stay there even if they even if
they got upset. Now listen tothis, Even if they got upset,
they could not evict you in timeyou would The eviction would take almost two
months. So I don't see whatthey can do to you, especially if

(09:31):
you pay the rent. Okay,I mean, I think it's a lot
of worry about nothing. But Anna, that is what I would do.
Let's ask let's see if we canget Brad O'Brien O'Brien Legal Services. He's
a real estate attorney. Let's seeif we can get him on to get
his perspective on this, because Ithink it's worth getting some perspective on it.

(09:54):
Okay, and then see what happens. Three oh three seven to one
to three seven one three eight twofive five. So hang on and we'll
try to get him up right now, okay, And uh yeah, I'll
do that. Okay. By theway, we have another call we'll take
right after this. I'm Tom Martino, waterpros dot net the West, best

(10:16):
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Well, my god, I can'tbelieve I forgot the number already.
It's waterpros dot net. How aboutthat? And then I'll get my crap
together and we'll be right back.You know, we have a situation right

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(11:03):
Genesis Tootalexperience dot com three O threesix seven nine eight five zero nine three
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(12:11):
ninety eight. Hi Tom Artino herethree three seven one three talk. By
the way, it's I don't knowwhy I had a brain fart with waterproswaterpros
dot net three oh three eight sixtwo five five five four. Every once
in a while that happens. Haveyou ever like gone to type in a
password or something you've done a milliontimes and all of a sudden, well

(12:31):
maybe not maybe don't call me Joe. And by the way, here's the
deal. We all have them.I don't care who you are. Now
let's go back to the phones.We had someone who U called yesterday and
I wanted to get her back onnow Anna's question on the landlord and housing.
As I said, I don't thinkshe has much of a risk for

(12:52):
a month being a holdover. Ifthey pay the rent and say, look,
we'll be out at the end ofthe month. It's not gonna like
invoke a new one year lease.It's not gonna. I don't think it'll
do any harm. And they don'tcare about their literally, they don't care
about what the landlord says to themabout to another landlord. And they can't
destroy their credit if they're paying therent. So really, I don't see

(13:15):
what they can do to them now. So we're gonna get Anna back with
our real estate attorney though, togive a legal perspective. Right now,
I want to call talk to Nina, and Nina has an issue with her
mother's estate wants to talk about,and I brought up I'm bringing up Brent
Keel from Keel and Park Law KPdot com as we talked about before.
Brent, if you could listen tothis because she got on yesterday and we

(13:37):
didn't get a chance to get thecall done. So let's talk about it.
Okay, So what's going on?Let's talk? Are you there?
I need Nina? What's happening?I called yesterday because I'm not sure what

(13:58):
direction I can go there. Passedaway in December and she you said,
you said, she's ninety three andshe had a questionable will. She had
two wills. The will that Iwas aware of was because she we had

(14:18):
talked about it many times because mymom was in failing health. Okay,
you said you knew about it.Did you have a copy of it?
Yes, So you had a copyof a signed will. Was it a
copy or was it the original?It was a copy that she had at
her home. She told me whereit was, and you know, I
knew where it was. And Iwas named the administrator of her will.

(14:45):
That's the one you had, yes, Okay, Then talk about the other
will. Well, when my mompassed away, she hadn't been gone for
twelve hours. And I get acall from this attorney and actually it's the
same attorney that wrote the first will. And he said, I'm sorry to

(15:09):
hear of your mom's loss. Andwhere is she going to be, you
know, interred? And he neededa burial, any details, and he
wants a copy of her death certificate. And she hadn't even been gone for
twelve hours. So this is theattorney that represented her in her first will.

(15:31):
Yes, And apparently I said well, and I told him, I
said, well, I'll start gettingthings ready and he said, oh,
you're not the administrator of her will. And I said, guess i am,
because my mom and I have talkedabout he goes, No, your
mom changed your will last June,and she's got a new ministrator. And

(15:54):
now hold on, So I wantI want Brent to understand this. You
had this will in your possession forhow long? Well, it's been at
my mom's house. She told me. Did you personally have a copy of
what we're calling the original will?Yes? And that original will made you

(16:18):
the personal representative? Yes? Andwhat did it say to do with her
estate? It gave directions about whowas supposed to receive, what percent of
her estate it made, and itwas left to her, what to her
kids, to her relatives, orwhat it was left to the three kids

(16:45):
and two of her friends, twoof her dearest friends. Okay, now
now I'm getting a picture here.You had this will that showed three kids
and two friends get everything and you, And it was a copy of a
will that you and your mom haddiscussed a long time. How long did
you have that will in your possession? Since twenty nineteen? Okay, so

(17:11):
ninety three year old mom dies,you have a copy of a will since
since twenty nineteen. Then you geta call from the attorney that made up
that will, and he says,by the way, that will had been
changed last June. Yes, andwhat was different about the new will.

(17:33):
What was different about the will isthat one of my mom's best friends was
cut completely out of the will,which I know that was my mom hold.
So the new will, the newwill shows that a best friend was
cut out. What about the threekids? The three kids received the portion

(18:00):
of a percentage, but my portionwas reduced by thir just yours, and
then her friends was increased by twentyfive percent. This questionable. Now,
this friend was this friend on theoriginal will. We'll call this one the

(18:26):
new best friend. Okay, soshe was not on the old will.
She was not on the old will. She was on the old will with
the same percentage as my mom's realbest Okay, so it's not like it's
not like this woman popped out ofnowhere. She was a friend of your
mom's on the old will. Yeah, but the new will shows are reduced

(18:53):
portions except for her, which gotmore. Yes, the new friend got
twenty five percent more the majority ofmy mom's estate, and the old friend
got the real friend got cut out. Well, you're calling it the real

(19:14):
friend. We're not going to useterms like that. The two friends in
the previous will, one was droppedand one got extra. Yes, but
you said something queer yesterday. Yousaid the one that got the extra portion
is related to the attorney. That'scorrect, now, how related? The

(19:41):
attorney has a daughter, and sheis the godmother of that daughter. She
doesn't have any children, so she'sthe godmother of the attorney's daughter, and
her husband has been the best friendof the attorney since the fifth grade.

(20:02):
Well, okay, but that friendthat was left on the will was there
before. So really you think it'sfishy because what you're calling her real best
friend was dropped and the new bestfriend got more And you're saying, but
she didn't come out of nowhere,she was a friend for a long time

(20:23):
apparently. Well, the thing isknowing I knew that Nina since twenty nineteen.
That other friend who supposedly knows theattorney. That other friend was on
that will. Yesterday when you calledit sounded as if all of the people

(20:45):
were dropped and a new friend showsup and that new friend is related to
the attorney. That would have beentotally ridiculously suspicious. But this doesn't sound
as suspicious. Those two friends,one was dropped, one got a bigger
portion on the new will, butthey were in the original will. Yeah,

(21:08):
okay, so you didn't question thatfriend who was related to the attorney.
You didn't question that friend back intwenty nineteen, did you? I
did? I did? Why?Why? Why? And did your mom
say that's the way I wanted?No? She them my mom had.

(21:32):
She knew this friend because of aclub that she belonged, But she knew
the friend when you questioned her.Did you say, mom, why did
you include this other friend? Didyou ever ask her? I asked her
why? And the reason she gaveme is because this friend directed her.

(21:56):
She my mom was looking for anattorney to do a will for and just
spread a right the friends that Ihave a brother or sister or whatever he
was. I have someone who cando your will. Yeah, okay,
hold on, now, I thinkI answered. I asked a lot of
questions. We'll come back and geta legal perspective. Is this something that

(22:18):
can be challenged? There's two wills? I don't know. I mean,
let's talk who has the original ones? And is it right that one friend
was dropped that Nina says was thereal friend? All of this right after
this, I'm Tom Martino three Allthree seven one three Talk three All three

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O three seven we three talks seventhree eight two five five. All right

(24:15):
now I want to go to BrentKeel and just he heard it. And
for those tuning in, I'm thetroubleshooter. We try to solve problems.
Nina says her mom had a will. She had a copy of it since
twenty nineteen. In the will,two friends and three daughters got everything but
one of the friends. Okay,so that's the will she had. Then

(24:36):
the attorney calls and says, oh, that will was changed last year.
One of the friends was dropped andthe other friend gets more. And then
also Nino was reduced as well.So it looks like there was some finagling
to get this remaining friend more thanshe had before. So Nina is suspicious.

(25:00):
Brent, what do you do ina case like that? Brent?
Keel Keel and Park? What doyou do? You know, when you
you go in and you're suspicious abouta will, there are really two ways
you challenge a will under color aunta law. You challenge it based on
testamentary capacity or undue influence. Thoseare really the two ways. And and
basically, you know, I'd havesome more questions about your mom, whether

(25:23):
she she did have testimentary capacity ather age, was able to make her
own decisions, just some more factsand circumstances questions about that. But really
what the court looks at in thatcircumstance when determined whether a person had testamentary
capacity to make a will, isyou know, whether she was making out
the will and the effect of doingso, whether she understood that, whether

(25:48):
she understood the nature of her property. You know, knows what she owns
right, and what would be whatwould be undue influence. Undue influence is
really a case where you know aperson comes in who is pressuring them or
trying to force them to make changes. Oftentimes you'll see that the caretaker to

(26:11):
talk about here like a caretaker orsomething at it here the fact that this
friend was on the prior will,so there's already a relationship. It's hard
to say without knowing all the facts, whether undo influence existed, but it
seems like a tough burden to overcome. And this circumstance, given the fact
that she was already a beneficiary underthe will, the prior will, I

(26:34):
guess I'd want to understand a littlemore about the relationship with her and the
attorney, because if the attorney wastaking something under the will or doing something
like that, that would be amuch more questionable cause of action. Whether
you know that attorney is doing something. Understanding that relationship between this woman and
the attorney, and it does soundlike they were friends, but that doesn't

(26:55):
necessarily, you know, rise ata level alone to influence. It really
is. Let me ask you this, and by the way, I don't
mean this as a joke, butan attorney, unless otherwise defained in some
way or disbarred or disciplined, orhas a hairy history, they're officers of

(27:18):
the court and they usually have prettygood credibility, right, I would certainly
hope, So yes, No,seriously, I mean you know, we
have crooked in everything. But theGod's honest truth is attorneys are pretty damn
careful normally. Yes. And thereason is, you know, you put
all your time in too becoming anattorney, to you go to school,

(27:41):
you take the tests, you doall of that work, and you can
lose that license real quickly if you'reengaging in unethical practices. It's something that
can happen. And because yeah,yeah, it's an area where you know
it does happen, you know,because the circumstances that you heard doesn't It

(28:03):
doesn't seem to me like first ofall, Nina got reduced her portion,
the other two sisters got the same. One friend was dropped, and the
one beneficiary of these reductions was thatother friend who was in the original will.
Did the attorney Nina give you anyreason why the will was changed?

(28:27):
Did he say your mom called meor what did he say? He said,
he told me that the that mymom had called him to change her
will, the reason being that inJune her doctors had called me in.

(28:48):
Because I'm the closest one to Iwas my mom's medical power of attorney.
I was all I've been managing mymom's financial affairs since my dad Sar was
her closest kid, and the doctorscalled me in and told me that they
were going to break the news tomy mom that she was no no longer

(29:11):
able to make her medical decisions becauseshe had had a stroke, and that
she they didn't feel that she wasable to care for herself. She wanted
to live at home. Yeah,but hold on, Nina, are you
going to try to make the casethat she did not have capacity to change

(29:33):
the will? I think that thatwould be I think that would be the
closest thing. But if it wasit was. Did did those doctors tell
you that before she had changed thewill, that that that new will has
a date on it. That datedoes that predate the incapacity or or what

(29:56):
you're calling incapacity? No, thewill came after the doctors delivered them information.
Would the doctors say that based onwhat they knew and the date of
that will? Would they flat outsay that your mom did not have legal

(30:17):
competency? It's not They didn't saylegal competence. Well, I know That's
why I'm asking you. Would theysay that in their medical opinion, she
did not have capacity to make wisechoices. I don't know. I mean,
wouldn't isn't that what you need?Brent? Yeah, that's exactly right.

(30:40):
Understanding the decisions you're making and adoctor to maybe her doctors would be
able to make that determination. Wouldthey go on the record and say,
at the time that will was signedand what they knew about her care,
she probably wasn't competent. Yes orno. Is there a difference between making
your medical decisions versus making legal decisions? I don't know, Brent. I

(31:07):
think there would be, but Idon't know. Did they say she was
incompetent? It would certainly she wouldincapable of making her own medical decisions.
That's the exact wording. They didn'tsay anything about legal because that was never
an issue to No. I getit, I get it, Brent.
What I'm saying is, wouldn't shekind of need that? Though? You'd

(31:30):
kind of need the doctors to comein and say, yes, this you
know your mom was not able tomake So why don't you do your homework
and do that? Why why don'tyou do that? Because certainly we don't
know if there was undue influence,but if you if your doctors there's no
date on that new will right now, look at that date and ask them
to look in their notes and findout if that date, on that date

(31:52):
would my mom would she have beencompetent? That's it? Well, sounds
very easy. But what happened iswhen they delivered the news to my mom,
she got really kicked off and shesays, I'm calling my lawyers okay,
and she changed her will and shegot pissed at you. That's possible.

(32:14):
That still doesn't change what you need. You need to know. That
doesn't change you don't have a prayer, Nina, Nina, you called us
for help. You don't have aprayer unless your mom was incompetent. And
what about the undue influence? Well, because I think that's going to be

(32:35):
a stronger, a stronger. Howare you going to prove that? How
do you prove undue influence? Whenshe had a friend on the will originally
and she's still on the will,how do you prove that. I don't
see anything that would indicate that.Do you, brent on what you just
heard? Do you hear undo aninfluence? Based on what I've heard,
It's a hard one to make.Listen, Nina, do you have money
to fight this, I do well, I go see an attorney about it.

(33:05):
Not Nina. You're presenting a weakcase, is what I'm saying.
What kind of attorney do I needone of these? Brent? Brent,
do you challenge wills? We don'tdo litigation work that we do more of
the planning side. But there aregroups out there that will. Yeah,
and let's be honest about it.It's going to eat up to tell her

(33:27):
the truth without blinking an eye?What is your what is your mom's estate
worths? Total about three million dollars? Okay? Now what am I lying?
Or am I dying? Here?Brent? To challenge your will,
I don't care what you say.To challenge your will is going to be
about fifty grand Be honest here,litigation, I yeah, just just the

(33:52):
time you go in and do theinvestigation. It can you start doing,
you know, your due diligence investigationto gathering the information that's going to roll
fifty thousand very quickly. You maybe able to find somebody that does stuff
as a contingency. You may not, depending on the strength of your case.

(34:12):
The information you have. They thinkit's really strong and they can take
a portion of what you get nineof that might work, But I just
want to lay out I'm not tellingyou you're right or wrong. I'm telling
you it sounds weak and it's goingto cost you about fifty grand and you
may not win, and the thingsthat you would need to figure out nine
I really are well wait, Igot I got to take this break hold
on. I want your finishing thoughtson this because a lot of people go

(34:35):
through this and this is this isBrent Keel from killing park More coming up
now. John Fuller is a personalinjury attorney and we talk to him all
the time, and I'm going totell you something. If you want to
know the real deal about your case, you know what you really want to
know? Do you have a case? And what is it worth? And
that's the bottom line, John Fuller, Fuller Law. Now, of course

(35:00):
there are many other things he's goingto tell you on your initial call,
and there is no obligation to hirehim. He'll tell you how to preserve
your rights and how to move forward, but he'll tell you what he truly
believes, based on his vast experience, what your case is worth. If
you want straight forward information from someoneI know and trust, someone who has

(35:23):
represented people on our staff, includingMark and SEUs. I'm going to tell
you to call John Fuller three ohthree five nine seven forty five hundred five
nine seven four five zero zero whenhe takes your case, by the way,
on a percentage fee basis, youget a cell phone number that you
can call her text at any time. That's personalized my accident Lawyer dot co.

(35:45):
Now, if you experience a propertycatastrophe that's a fire, a flood,
a broken pipe, asbestos, blackmold, unattended death, just all
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(36:07):
You want the right company up front. I know Rock and his team,
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(36:30):
the dangerous substances and then help yourebuild amrest two four seven dot com.
Hi, Tom Martino, Okay,so Brent Keel any last words or advice
on this case. Again, thethings that are going to help establish the
case if there's one that exists,if you speak to the doctors, Nina

(36:52):
and you get you know, definitiveguidance from them, Yes, your mom
did not have to pascity to makeyour own decisions, that would be a
very strong factor in your favor.And then the other piece for the undue
influence being able to establish where there'sundue influence, right, just the fact
that you knew each other doesn't necessarilydo that. And if there are facts
and circumstances that can help establish it, if you go to a litigator,

(37:15):
those are the things they're going towant to know and understand. Is what
type of facts and circumstances can youpoint to showing that there was undue influence?
Was the woman controlling your mother,keeping her away from you, doing
all those types of things? Andit really is a fact and circumstance situation.
So thank you, And that isLAWKP dot com. Thank you,

(37:38):
Brent Free Consultations nine seven zero fourthree zero forty two thirty one. That's
LAWKP dot com. We have morecoming up on the Troubleshooter Show. Get
Your calls in three all three sevenone three talk or three all three Martine

(38:00):
yah ripped up new need ad soyou don't have come running. Just as
fast as we can. Shooter's gonnahelp come man. Six is the Troubleshooter

(38:22):
Show. Now Tom Martino, Hi, Tom Martino here, Welcome to the
show. Three oh three seven onethree talk three oh three seven one three
eight two five five. Whatever's onyour mind, we strive to help you,
whether we can help you directly,or we can help you through our
experts with advice or whatever. Allyou have to do is call three oh

(38:44):
three seven one three talk three ohthree seven one three eight two five five,
or you can call of course threeoh three Martino twenty four seven three
oh three six two seven eight foursixty six eight eight eight. Heating dot
Com is available to rubleshoot your airconditioner and put in a new system,
or any plumbing or electrical issue youhave as well. And they're good,

(39:07):
honest people. Eight eight eight Heatingdot Com three three seven seven zero two
seven seven six. Now Anna,she called yesterday and I wanted to get
an expert, or she called thismorning. I wanted to get an expert
on and I'm going to get reallyuh Brad O'Brien on because I gave her

(39:28):
some advice off the street, butnot legal advice. And Brad O'Brien is
a real estate attorney olslaw dot com. Anna and her son. Her son
has been renting a single family homefor the past five years. Then they
got noticed that at the end ofthis year, the previous year's lease,

(39:52):
which is up at the end ofJuly, they said they're not renewing the
lease. Basically, they're selling thehouse. So Anna's son found a home
to buy. Now. They werenotified about this a while ago. He
found a home to buy, butthe woman threw him a curveball where they're

(40:15):
buying the house and they won't beable to move in for another month,
so they would like to stay atthe house they're in for another month.
They're not getting a response from themanagement company. They said, can we
instead of leaving at the end ofJuly, can we leave at the end

(40:36):
of August. Now again, Iyou know, I don't know what kind
of trouble they can get in Brad, but I told him if it was
me, I would simply say thingschange. I mean, because remember now
it wasn't Anna and her son thattold them they're leaving. It was the
landlord that sent him a notice sayingwe're not renewing the lease. Now,

(40:59):
Anna, in the note when theysaid we're not renewing the lease, we're
selling the property, did they sayyou had to be out by a certain
date? July thirty first? Okay? So it was all in that letter,
right, right? And when didyou get that letter? It was
I think ninety days ago. Okay. So, Brad, would they get

(41:23):
in a lot of trouble? Isaid, Look, I don't see what
trouble they can get into by simplypaying the rent and saying we have to
stay another thirty days. I meanby the time they get an eviction,
I think they're going to be Idon't know if a landlord would bother going
through all that trouble. Brad lostbred in the transfer. Is Brad O'Brien

(41:45):
on? Hi? Brad? Yes, Brad, go ahead. Oh,
I didn't hear the question. Okay, would she get Okay, let's say
she has to leave. Did youhear the case though? I? Okay,
So if she doesn't leave at theend of July, at the end
of the lease and they pay therent and just want to stay through the

(42:07):
end of August. Can you seeany big complications? I don't even think
they can get an eviction before then, do you. Well, no,
you can't really get an viction atLana cannot get an aviction done in that
amount of time. Three to fourweeks can take a little bit longer than
that. But first place to lookon a question like that is the written
lease. Sometimes they do say whathappens in a holdover situation, even if

(42:30):
it's not allowed by the landlord.It'll sometimes it'll say a holdover is going
to be one hundred and fifty percentof the previous month. So in my
life, sit me a thousand dollarsrent rent, now you know it would
be fifteen hundred if that kind ofa provision we're in there. So do
you have anna any access to thatwritten lease? I'm sure my son does.

(42:52):
I don't have it. I don'tknow what it says. You need
to look at the holdover provisions andsee what penalty is in there. That's
what we would call it, rightBrad. A penalty. Yeah, it
would increase the range by a certainpercentage over whether it was previously. But

(43:14):
what do you think the practical implicationsare brad like like, well, I'm
bractically speaking that this ought to beresolved amicably between landlord and tenant, because
you know, it would take alot of money, attorney fees and time
and going to court to do aneviction that wouldn't even be holistically accomplished within

(43:36):
thirty days. So on the otherhand, staying longer does risk having to
get hit with attorney fees if thelandlord does start some action, because most
liass do say that landlord can collectorattorney fees on an eviction action and the
new laws don't change things any onbecause they had a legit reason if they're

(43:58):
selling the house to terminate the leafsI didn't hear, But yes, a
landlord can terminate a lease, notor not renew it. Put that way,
they can refuse to renew it forthe next term if they give ninety
days advance notice and give one ofthe allowed reasons, and wanted to sell
it is one of those reasons.So did that landlord give a ninety day
advanced notice? Yes she did,Yes, she did, Okay, yeah,

(44:22):
it sounds like the landlord's probably doingeverything correctly. And so Anna.
Yeah, you guys, when didyou let them know you needed to stay
another thirty days? Just about aweek or so ago when we found out
from the woman that were purchasing thehome from. And you haven't heard that
way, right, and you havenot heard anything. You can't talk to

(44:45):
anybody. You have to text.We went to the office and there's no
one there. So we've just gottenno response from them. We told them
that what the situation was and thatwe we had to stay in assary days
because we have no place to go. No I understand, and it was
the last minute thing. Gave themthe name of our realtor to verify everything

(45:07):
that we're saying is after it,and we get no response. Well,
as you heard, Brad said,it's going to take them longer than thirty
days most likely to get an eviction. And he doesn't know if they'd go
through the trouble, although technically therecould be attorney's provisions in their attorney's fees
if they do want to do it, it would be really an exercise in

(45:28):
futility, as they say, becauseby the time they got an eviction,
it would be after you're out already. Anyway, the other thing Brad mentioned
that I think is important is thatyou may be subject to a holdover penalty
of some kind where they raise therent, and so look for that and
call us back you have any questions. And of course for anyone listening.

(45:51):
Brad O'Brien is olslaw dot com sevento zero three seven zero seventy three eighty
eight, and that's what he does, real estate law. And again,
I personally, if it was me, I would pay the rent. I
would I would absolutely pay and saywe'll be out at the end of this
month. We just couldn't time itperfectly. In all practicality, by the

(46:15):
way, I wouldn't wait till theend of the month either. I'd still
keep telling them in the emails you'renot leaving. But in all practicality it
would be silly to take you tocourt over that. I mean, in
my opinion, but that's not alegal opinion. Brad, Thank you very
much, and just let us knowthough, once you read that lease or
if you want to send a copyabout holdover provisions three all three seven one

(46:38):
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(47:47):
world today, things are not alwaysperfect. People are getting into fights at
work, people are getting into fightsin neighbor I'm serious. Now. We
had one guy that got a littleargument and then the other neighbor accused him
of assault. He needed Joelizara.Now, there are times people get in
fights. There are times they drinka little too much after work. I
don't want to make light of that. By the way, you should always

(48:09):
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(48:32):
can always call Joe. That's JoeLazara Lazara Legal. Three oh three four
two nine sixty two hundred. Hey, I'm Tom Martino, your troubleshooter.
Three oh three seven one three talkthree or three seven one three A two
five five Bob? What's going onin your life? What's happening, Bob?

(48:53):
I got a car question, Tom, Yes, sir, my manual
says I never need to change thetransmission fluid or the differential, my transact
or the real action. Yeah.They call it a lifetime fluid, which
is book bs by the way.Okay, so on the mechanic recommends we

(49:15):
should probably change and I should probablyhaven't changed, right, Yeah, now,
you know, here's the bottom line. What they're trying to show you
is that their car is less maintenance. And they call them sealed units and
they're not sealed, and they saythey don't need service. But nothing is

(49:37):
further from the truth. Now,will it be lifetime? It's not your
lifetime. It's lifetime of whatever theunit is. But I mean, it's
ridiculous. We've had our experts timeand time again say you may let it.
It might be a good synthetic fluidand it can extend awhile, but

(49:58):
you do have to eventual service andchange it. How you have a twenty
seventeen how many miles on ninety onethousand? Yeah, so you're doing pretty
good still, But I mean callI would call Jeff Vick Kimera Transmission,
or call share it an auto tech, or call any of our fine people
at referral list dot com. They'regoing to be straight with you on that,

(50:22):
but I would definitely do it.And again, how's driveability right now?
Doing? Well? Oh? Itdrives great. That's the old thing.
You know, if it ain't broke, right, people say, if
it ain't broke, don't fix it. But and I'm probably gonna keep it
another year eighteen months, that's reallyup to you. Then it's really a

(50:45):
judgment call. I mean, themanual does not call for any maintenance.
So you can honestly say if yousell it or trade it, that you've
you know, you've maintained it.If you don't want to do it and
you're only going to keep it anotheryear, maybe you don't want to,
you know, and everything's going well. I don't know if I would if
I was only going to keep itanother year or two, I would not

(51:07):
do it atcha. But I amlike getting to break fluid change because I
know that obsorth moisture and of courseyou know stuff like that. I just
want to ride by you guys,be normally I do that stuff about it
eighty thousand miles and I'll let youslide a little bit. Yeah, I
like the car, but two moreyears. You know. We've had that

(51:29):
question a lot, by the way, a lot because but mainly from people
who want to keep him. Andagain, I think it's always wise to
service. Now I will say thisthe old. And this is not transmission,
by the way, Bob, andthanks for calling. But it's the
other maintenance that people recommend, likethey used to say, oil changes every

(51:52):
three thousand, that absolutely not neededanymore, absolutely not needed. You can
go way longer with a good syntheticblend or a synthetic Now would you go
beyond ten? I would never gobeyond ten, And most of my experts
are saying five to six thousand ondo you use synthetic oils? It doesn't

(52:19):
call for Yeah, but I changea oil and filter synthetic every five thousand.
That's so that's really good. Yeah, you're going to keep that humming.
Did you have it from new thetwenty seventeen No, I got it
with thirty three five on it topa Craigslist if you believe that. And
so I had a six months leftin warranty today. That's pretty cool.
Well yeah, yeah, Craigsli wouldn'tbe my first choice. But anyway,

(52:43):
thanks for calling. Three O threeseven one three eight two five five.
Let's talk about other things near anddear to your heart and pocketbook. So
I'm getting some texts on leases.People are thinking that landlords must renew now
they must not terminate unless it isfor what they're calling just cause. But

(53:04):
one of those just causes is definitelyhaving having it up for sale. If
you're going to sell it, youcan get rid of people. Also,
certain relatives that move in. Youcan terminate the least for that, but
it can't. You can't just makeup a story about it because you could

(53:25):
end up in court. Now acouple questions, people say, Tom,
is there any word on documentation ofa five hundred dollars bet with Mark over
over the guy trying the guy overPresident Biden dropping out because Pus Martin.
Now, I remember Mark saying,hey, he's not going to be the

(53:49):
candidate. I said, he absolutelyis going to be the candidate. So
I was wrong on it for sure. But then Mark, and I do
remember Mark making a bet. Markalways makes bets. He said he made
a bet with Hillary and Trump,and he never did, or I mean
he did, he thought he did. But I don't make political bets,
and I certainly don't bet against thingsI want. Now, he's not here
to defend himself, so Mark's gonnatell you I did make a bet,

(54:10):
and some of you YouTube morons,by the way, I'm reading this from
YouTube. That's why I brought itup. Some of my YouTube morons are
gonna say that, yeah, theyheard me do it. But I mean,
if Mark told you you know that, you know I wear pane hoose
and dresses at night, you'd sayyes too. I mean, you just
automatically give me crap. But I, honest to God, don't think that

(54:35):
I accepted a bet because I normallydo not. First of all, I
normally don't bet big money, andI certainly don't bet on political stuff.
But there could have been a wildhair. Listen, I'm thinking there could
have been a wild hair where Ithought there's no way Biden's dropping out,
And maybe I gave him the impressionI would do it, and if so,
I'm gonna pay him. But Idon't think I did. I don't
think. I don't think I did. Again, I would, and by

(55:01):
my board, ops don't remember.Now, Katchina says she remembers, but
come on, Kitchina, she can'tsay exactly when, or how or both
it was in March. Tom Mark'sgiven me three hundred dollars if I say
he did, but then he onlygets to keep two hundred because it's a
five hundred dollars bed it was inMarch. Okay, look at the really?

(55:23):
Yeah, why do you say March? Why? Because I remember what
was the Do you remember anything elsethat was on the show that day or
anything happening around that time? Itwas relatively slow, and and and Mark
and you got into a little bitof a discussion, Yes, a discussion,

(55:50):
that's a brilliant way to put it. And there were words laid down,
including a five hundred dollars Oh,come on, it was I'm sorry,
you're dreaming. Okay, I don'tknow. I mean, I say
I don't know, because the lastthing I want to do is seriously is

(56:12):
I've said this before? Absolutely not. I never said anything like that where
I was wrong. But I don'tthink at first, I don't. I
don't normally bet money. I don't. I mean I bet lunches or I
been. And Mark will tell youI own a thousand lunches, but I
bet, I bet dinners and lunches, and I often bet things. But
anyway, three three, But Iremember it because you actually have in my

(56:39):
presence here you have bet a lotof lunches, a lot of dinners between
the two of you. But thiswas the first time that you actually took
on a bet for cash. Idon't know if you're credible or not.
There, Okay, all right,Kitchina, did I bet on the given
her half? Tom? Did I? Did I bet on the Final Four

(57:00):
with you? Oh? Of coursenot? Because per Tube lost? Come
on, that was horrible anyway.Okay, so listen on a serious note,
I got I just happened to getthis text about tipping, and someone

(57:21):
said on YouTube, and I don'tthink I don't think it's correct that self
serve gasoline pumps literally have a linenow if you want to leave a tip.
I don't believe it. I thinkthat's hogwash. I think it's an
urban legend. I have never oncebeen to a self service well, all
I do is self service. Really, I've never been to self pumping do

(57:45):
it yourself, self serve pumps wherethere's a tip. Come on. In
fact, I've never been to agas station, even full service, where
they asked for a tip. ButI certainly would not tip for self service.
Now there's a big discussion on thisstuff. There's a big discussion on

(58:07):
tipping, more so now than I'veheard in years, because they flip that
thing around on you. You like, you walk up to get a coffee,
should you tip on a coffee?While I tip on coffee? A
lot of people feel like to gofoods, you shouldn't tip to go food,
but they take the food and packageit and get it ready and put
it all together for you didn't handit to you, right, So why

(58:29):
shouldn't you tip if you're picking itup? People say nope. If I'm
standing, I don't tip whatever thatmeans. So the tipping part is really
controversial on whether or not you whoyou should tip and when not that people
don't want to tip, but it'swhen to tip now. I know in

(58:52):
bigger cities if you people tip dormanfor opening a door. Or have you
ever seen where you go into arestroom and somebody hands you a towel,
a paper towel, or maybe evena cloth towel and a fancy one or
a mouthwash or something, or they'recalled restroom attendants. Have you seen it

(59:15):
now that I kind of think,come on, man, you go to
the restroom, the guy's right therebehind you, hands your towel, hands
you, hands you or soaps yourhands, squirt squirt right and then and
then you're supposed to tip the restroomattendant. I understand people want to make
money, but that I don't know, Like if you don't ask for it,

(59:37):
should you have to tip for it? And where do you absolutely not
tip? I'm trying to think whenI think, whenever I've been presented with
a tip line, I've tipped.But I don't think I've ever been presented
with a ridiculous tip line, youknow, like on like let's see frozen

(59:59):
yogurt, you know, a coffee, prepared food to go? I tip,
of course uber and lyft when Ilike to take now, and then
if I'm going downtown or somewhere whereI don't want to hassle. I tip
at the gas pump. Absolutely never, Absolutely never. One guy says I

(01:00:21):
will tip. I will send youa picture of a gas pump with a
with a tip on it, witha tip line, John, I want
you to send it. Help attroubleshooter dot com. You can send the
picture there. That's our email hereon the show. But I absolutely can't
believe that. Now, have youever tipped a professional when they've done a

(01:00:45):
job for you? For example,Steve the painter star quality painting he did
my front door, right, andwell, he's done a lot for me.
He does stucco, touch up frontdoors whatever. My front door is
a wooden door, and the sunbeat the hell out of it, and
he came and sanned it and tookcare of it and it was really a

(01:01:07):
great job. And he charged meI thought a really fair price, and
they worked their asses off. Idon't and I'm not trying to say this
because I'm magnanimous or anything, butI thought, you know what, I'd
pay fifty dollars more for that,and I tipped him. Is that appropriate?
What do you think? Anyway?Where Supposedly we just got an email

(01:01:30):
from John, one of my YouTubemorons, who says that he has proved
that a self served gasoline pump hasasked for a tip. I'm Tom Martine
three three seven one three Talks sevenone three eight two five five. By
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(01:01:50):
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(01:02:59):
the people. That's three oh three, four, five, five, seventy
two forty two. Hey Tom Martinohere, Frank Duran, the real estate
Man dot com joins me. Frank, thanks for being here, brother,
Good to see my friend. Nowwe got a comment job that wants to
talk about tipping. I heard thatpeople now expect to tip at a self

(01:03:21):
serve gas station. I do notbelieve it. I think that picture's bogus.
I don't think is real. Whywould ever a self service gas station
ask for a tip anyway? Job? But what do you think on tipping?
Yeah? I totally agree with youtoo on the gas bop. But
you know, you and I havealready had a discussion about you know,
it's a bottom feers around here inAmerica. And how I describe a bottom

(01:03:45):
feeder is somebody who makes two hundredand fifty thousand dollars or left, and
wow, there's a lot of bottomfeeders. Do you think are you calling
are you calling under two hundred andfifty thousand? Are you calling that a
paltry race? Or I mean asalary? Yeah? Yeah, a year,

(01:04:09):
yeah, exactly two hundred and fifty. So you're saying that two hundred
and fifty is just barely making aliving, is what you're saying. Not
necessarily you're making a good living,but you also have to there, you
also have to have you know,some people don't make but sixty to eighty
thousand dollars a year and here tolive in Colorado, you have to at

(01:04:31):
least share the money, because yeah, if you don't, then that person
that you know, you build thatrelationship with, he's not going to take
care of you the next time orshoot or whoever right or whatever that is.
So you want to build a relationshipand you want to take care of
that person, that's right. I'llguarantee you if you're right. If you're
in line somewhere and he sees youfirst, there's a relationship there. Yeah,

(01:05:00):
there is. But certain things youknow, and it's everybody's choice.
Totally give it. Everybody's choice totip. But if you think about it,
if that person has a good trade, like the person on the door
does the door, you know itdoes a great, fabulous job. Yes,
unless he's an owner. Now,I think owners should not get tipped

(01:05:25):
if they're doing the job. Butif they have an employee that's doing the
job for that owner, hell yeah, I'm going to give him extra money.
Now, I think I have aweird feeling about tips. I think
everyone deserves And when I see aliving wage, I'm not talking about a
career wage. I don't think justbecause you work at a fast food joint

(01:05:46):
forty hours a week, the restof your life. You need to support
a family of four or five onit. I mean, it was never
meant to be that kind of job. But I think you deserve a decent
wage for what you do, Ireally do, And then the tips should
be if people do want to tip. But I don't like when they depend
when a restaurant owner or a fastfood joint or something where they depend on

(01:06:08):
the patrons tipping in order to paytheir people a living wage. I think
that's kind of cheating a little becauseit's like, just raise your prices and
pay a decent wage. I thinktipping should be totally extra due to someone
taking extra care of you. Idon't think it should be built. It's
almost it has almost become an expectation, like a mandatory or an obligation,

(01:06:34):
and then you for a certain amountof tip, and then you tip more.
They do a good job. Butand that that got ass out of
hand. I mean that that's that'snot the way it is. It should
have been for for exceptional service,period, not for normal service. Yeah,
and I totally agree about that,Tom, because another thing is that

(01:06:57):
I kind of have a beef withI'm giving this person, uh gratification of
the tip. Right, Well,I don't like it when they have to
share it with everybody else now,man, But I don't. I don't
get into that. But it's somethinggreat to me. I'm going to go
back there and say, hey,yeah, yeah, awesome because he never
gets a tip. Yeah, Iknow what you're saying, Jack, Jack,

(01:07:18):
Jack, Listen, you want totalk about a contractor. Now you
are a contractor, right Jack,Jack? Contact and are you having an
issue getting paid? No? So, Mike, the client is actually having
an issue. Oh so. Theythey're a young couple with their first baby.

(01:07:42):
They're in the young twenties, justbought house two years ago, and
they had some flooding issues with water. When they brought me in, I
discovered that the previous Solo Warner putdug out across space, put in a
full base, and then pull anypermits and put an in a ADU two.

(01:08:04):
They want to get everything up tocode. But is there any liability
for there could be the pre Therecould be. I'm gonna ask Frank Duran
about that too. Frank Durand inthe real estate man, hold on,
We'll come right back to you.Three oh three seven one three talk seven
one three A two five five fixmy home dot com. That's the website

(01:08:24):
for fix It twenty four to seven. Now, I've known these people for
a long time and what they striveto do is service above all for plumbing,
heating, cooling, electric and drains. And they want to offer free
second opinions. If you've been toldyou need a new AC and on a
hot day like this you might ormaybe whatever we've had one hundred degree days,

(01:08:45):
you're gonna think, yeah, Ineed it, but maybe you don't.
Now fix It wants to give youfree second opinions. Of course they
would love a shot at your business, but they're not going to automatically assume
you need something new. That's thename fix it. If they can fix
my home dot com seven two zerofive two six thirty nine thirty nine.

(01:09:05):
When someone says you need new givethem a call for a free second opinion.
Seven two zero five two six thirtynine thirty nine. Hey, if
you want an opinion on your roofbefore you call your insurance to see if
you have damage, don't call justany roofer. A lot of these roofers

(01:09:25):
make you sign something at the doorfor them to even look at your roof.
Excel Roofing never plays that game.Don't sign anything to get a roofer
to look at your roof. That'sa tricky way to get you into a
contract. Plus they have penalty clausesif you want to change your mind or
withdraw. Excel doesn't play those games. They will examine your roof and give

(01:09:48):
you a free estimate and a completedetailed contract on what you need. And
that's all free of charge, withoutany obligation once just sign. They don't
even want a dime. They don'twant a penny. They don't want a
scent until your content. That iswhat they do. They don't take your
insurance check. They don't do anything. No one does business like that.

(01:10:12):
Excel ex Cel Excel roofing dot comand you can count on them for sure,
Excel Roofing. Don't get caught inthat trap with someone who traps you.
Three oh three seven six one sixtyfour hundred seven sixty one sixty four
zero zero. Hi Tom Martino,your troubleshooter three all three seven one three

(01:10:35):
talks seven one three two five five. Jack said that he has uh hey
as clients who bought a house andhe's doing some repairs in it. He
said that the previous owners made abunch of alterations without proper permitting. Jack,
how long have your clients owned thishome? Your customers, they've been

(01:10:59):
in it for two years. Theybought it in twenty twenty two. Okay,
that might be a problem. Nowthey only have a certain amount of
time. But it's a non disclosurething if anything, okay, meaning if
they lied to them, they maynot have lied to them. Do they

(01:11:20):
have access to a disclosure statement?I'm pretty sure they do. One thing
that I have. If it's atwo bedroom house and then they put it
in an unpermitent basement and sell itas a four bedroom house, would that
be fraud? No, because thesepeople, it's not like they blindfolded the

(01:11:42):
people. I mean they can sellit. They can sell it if they
put two bedrooms in the basement asa five bedroom or four however many bedrooms,
of course they can. Now ifyou go in there and you see,
well, two of those bedrooms arein the basement, I don't call
this a four bedroom. I meanthat's that semantics, But that the real
issue is did they misrepresent the house. Misrepresenting the house is not saying something

(01:12:10):
that you can see for yourself.It's it's lying about it, like saying
it has an air conditioning system,and let's say, you know, I
mean, obviously you might be ableto discover that on your own, but
still that could be fraud if it'srepresented as having air conditioning and it doesn't,
or you know, they say it'snatural gas and it's not, it's

(01:12:32):
propane and it's buried tank or somethingthat is totally misrepresented, or you know,
but if they say it has anoversized garage and you don't like the
size of the garage, that's somethingyou could go in and walk around and
see for yourself. But what youcan't see for yourself is if something was

(01:12:53):
done illegally or improperly, like withoutproper engineering or without or or if a
drainage problem wasn't fixed, or ifa sewer backup persisted and they didn't tell
you about it. So those seenon disclosure is something that they hid from

(01:13:13):
you or lied about. Now theyfinished a basement without permits, is that
correct? Not only that they tooka cross space, dug it out,
put in at ten to basement,and then didn't have any of the engineering
done for those major structural modifications.Now, hold on, you have substance

(01:13:35):
over form. The form is theydidn't do the proper permitting in all of
that, that would be a disclosureissue. It would not be a loss
issue unless the substance of it isit was done improperly. The fact they

(01:13:55):
didn't have permits doesn't mean it's dangerous. However, it could be dangerous.
There are two situations. People oftenconfuse them. The permitting process is a
disclosure thing. The safety thing issomething totally different. Hold on and we'll
discuss it. It sounds like theyhave a pretty good chase ripped up so

(01:14:23):
you don't have come run into Justas as as we can, Shooter's gonna
help come. This is the TroubleshooterShow. No Tom Martino. Hi,
I'm Tom Martino. Welcome to theshow. We are here to help you
solve problems, to answer questions,to take complaints, to make your life

(01:14:45):
a little easier. And I haveFrank around in the real estate man with
me today and we're talking anything youwant to talk about. Really, we
talked a little bit about tipping andwhen you should tip and when not to
tip. And now I know alot of people bitch about tipping, and
really The reality is our society ismoving on tipping. But I think some
of the problems people have is whereto tip and when to tip, because

(01:15:09):
some people are asking for tips whereit seems a little out of the ordinary,
that where you didn't have tipping before, you know, and so what
is a ridiculous place to expect atip? And when should you get a
tip? There are times though,when you hardly have interaction, hardly have
interaction with a staff, and thenthey want to tip. Some people are

(01:15:33):
are saying at a convenience store,they literally had a place for a tip,
and I found that hard to believe. Someone else said they even saw
one at a self service pump,and I flat out refused to believe that.
One Frank Duran was talking about realestate. We're going to talk about
that in a little while. Ona side note here, I got to
quit. There's a quick question hereon text and I'm going to go back

(01:15:55):
to the phones. Tom. Wehad a major hailstorm about a month ago.
Yeah, I remember, and Ineed to get an insurancejuster to take.
Look, what do I need todo first in respect to, you
know, with the adjuster out?And what should I ask the adjuster,
or do with the adjuster, blahblah blah, And I said, do
not, absolutely, do not callan insurance company first. Ever, you

(01:16:23):
have to first verify you truly dohave roof damage. You got to call
a roofer first, a reputable roofer. I always say, call one of
the people on my refer list,or of course Excel roofing. I love
excel roofing dot com. And here'shere's why. First, don't sign a

(01:16:45):
contract with a roofer. Have aroofer inspect and offer a contract so you
know exactly what you need. Ifa roofer says I'll do whatever the insurance
it proves, then tell them totake a hike. You do not want
that roofer at all. You wanta roofer who tells you what you need

(01:17:08):
based on their knowledge and experience.Then you can compare that to the adjuster
to make sure the adjuster is givingyou a fair shape. Then you can
sign a contract with a roofer ifyou'd like. But I personally would never
sign a contract with a roofer thatwants money up front, and I would

(01:17:29):
never sign a contract that had apenalty class. That's my that's what I
would do. All right, let'stalk to Jack, he's a contractor who,
by the way, he said,he went into a client's house.
A customer's house they just bought ita couple of years ago, and there's
a lot of stuff in there that'snot permitted, meaning they did not pull

(01:17:51):
a building permit. Now, Iwant to explain this because this is really
important. When you buy ay andthere there were improvements done without a permit,
the mere fact that there is nopermit does not break the law or

(01:18:14):
constitute fraud. Okay, that alonedoes not constitute fraud, Jack. What
constitutes fraud is if they don't havea permit and say they do have a
permit, okay, or they saythey didn't do something when they did do

(01:18:36):
something, or they did something andthey didn't do it. In other words,
if they lie. Now, whatabout the actual work itself. The
permit in and of itself does notguarantee quality, whether it's proper or not.
In fact, you could have apermitted job that was done totally incorrectly,

(01:19:00):
Yes you can. You can alsohave a non permitted job that was
done extraordinarily well. The permit isnot an indication of quality. You know
that as a contractor, Jack,So the question is, were your clients
wronged when they bought a house thathad improvements done without a permit. There's

(01:19:25):
two ways to look at it.First, whether they had a permit or
not. If the improvements were doneimproperly, they could have liability. The
second is if they didn't have apermit and misrepresented it. That's another area.
So let's take a look the workitself. You said was done,

(01:19:49):
but is it dangerous? Would anengineer say, oh my god, the
house is going to fall down?Tell me what an engineer? And why
didn't a home inspector pick this up? Jack a bunch of questions. That
the reason that was the first question. I didn't know why home inspector would
pick this up in terms of safety. They did not have proper egress windows

(01:20:15):
in the basement. The window wallsaren't big enough, nor are the windows,
and the sills are too high tocomply with code. When they dug
out a basement, how did theyshore up that basement? If they dug
out a ten foot basement, didthey put up proper foundation? What did
they do? I could see thefoundation wall and it looked extremely rough.

(01:20:40):
It looked like they just put formson the inside. After they dug it
out, and it's unknown whether ornot they put footers in geez, I
mean an engine That's why you getan engineer involved to sign off on the
structural modifications of that type of job. Told me that the person was a
concrete contractor and did all the workhimself, which you can clearly see because

(01:21:06):
the build quality is terrible. Well, then why didn't they have the house
inspected before they bought it? Theyhad an inspector by it. But she
told me that when she was doingthe disclosures, she was pressured by the
realtor saying it's fine, it's fine, it's fine. What do you mean
pressured? What I want to askis this, Frank Duran the disclosure document

(01:21:30):
talk about what it asks with permits? You you have it with there,
Tom, It's actually item L ofthe seller's property disclosure, and it's does
everyone use the same disclosure for yes, the real estate approved this case has
yeah, So that's items nine Itemseight and nine. They asked if there
was a permit or if done withouta building permit? So that's it asked

(01:21:51):
both. Oh yeah, it's clearlywas their work done with a permit?
Was their work done without a permit. Yeah, that's right. And okay,
so on their disclosure, do youknow if the sellers lied. I
don't know, but I'll find thatout. I think that's important. Look
for anything in there that's a lie. That's going to be important because if

(01:22:15):
they told them that they did improvementswithout a permit, they're off the hook.
But if they disclosed that the workwas done without permits, then the
client is pretty much out of luck. Then that's right, unless they lied
to them and said, we didit without a permit, but we had

(01:22:42):
an engineer stamp or something like that. Any Remember, we're looking for misrepresentation.
The fact that it's dangerous in andof itself does not make it fraud
because they can engineer to look atit. With that whether it would take
an engineer to come out and takea look at it to verify whether or

(01:23:04):
not it was done correctly. Buteven if an engineer says it was not
done correctly, do you understand whatI'm saying? The owners, If the
owners believed it was done correctly,that's all that matters. It's only if
they lied about it. See,this is so weird because proving it's incorrect

(01:23:30):
does not give them a leg tostand on unless it was misrepresented. So
there's no law that says there's nolaw. I wish there was, you
know what, Jack, I wishthere kind of was a law that said
that when you sell a house,you're not allowed to sell a house.

(01:23:55):
I guess unless it is structurally soundor whatever or something, or I don't
know, unless everything was done properor there's But there's not. There's no
law that says that everyone buys aproperty as is. We don't understand that.
We don't think we buy it asis. We do. We buy

(01:24:16):
every property just like a used car. But it must be there's one other
change. There's a disclosure statement.Now here's another thing. Is a disclosure
statement required? Frank, absolutely notsee so if they here's the weird thing,
Jack. If they use a disclosurestatement, it must be approved by

(01:24:43):
the Real Estate Commission, right,But if they don't use one, they
don't have to. But I recommendno one buy property without a disclosure statement
ever. But it's not required.People think it's required. So it's possible
they didn't even have a disclosure statement. I don't know. You got to

(01:25:05):
talk to them or have them callme. And when they say they were
pressured by the real estate agent,that's not an excuse. I know,
ignorance is not an excuse. Butisn't there a certain standard of being a
realtor advising a client? Good question, Frank. If a real estate person

(01:25:30):
urges people to sign first, ofyou gotta prove it. But do you
guys have a literally a fiduciary.I don't know if you do or not?
By law? Well, Tom,even without the fuciary means the other
person's best interests go all right.But even if we're not acting as advocate,
we still owe the public fair andhonest dealings. Fair and honest dealings.
So even if you're acting as atransaction broker or serving them as what's

(01:25:51):
called a customer, we still owethem fair and honest dealings. Right,
So if I say, but ifI say, oh, just go ahead,
signed it. This house is greatand everything's cool, don't worry about
it. What is that? Isthat fraud? I don't think that's acting
in good faith, Tom, Idon't know. I mean, unless you
actually know it to be so sure. Yeah, see, but that's another

(01:26:12):
thing that real estate person can say, I thought it was in great condition.
And they don't even have to baseit on anything. Thank you to
say, I've been around a longtime. I thought this house was a
real steal. It was a greathouse. That's why I urged. And
they could say on the stand,did you urge them to sign? Absolutely?

(01:26:34):
Why I thought it was a greatbuy. Did you know that to
be a fact? Well, no, I was just using my opinion.
You see, there are so manythings people take for granted to see you
do, Jack, You're asking mequestions that everyone asked. But isn't there
a standard? No, there's not. No, there's not. See,

(01:26:56):
we operate under the assumption that wehave way more protections than we really do,
way more protections, and I hopethis doesn't come as a shock to
people listening. But there are notlaws to cover each and every event.
So Jack, have them look firstfor a disclosure statement. If they have

(01:27:21):
one, Let's take a look atit. Let's see if there were any
misrepresentations or lies. For example,if that real estate agent said, oh,
by the way, just sign it. My friend's an engineer. He
said everything's great, and that wasnot accurate. That's called fraud in the

(01:27:42):
inducement, meaning you use lies toget someone to sign something. How old?
How old are your clients? They'reyoung, their early twenties with them.
Yeah, God, I feel badfor the first home and I mean
she even said this could put usin vacrantcy, and I feel very bad

(01:28:03):
for her. Well, we don'tknow how bad it is either, so
we although it sounds pretty bad.I mean, they may have to jack
up that whole house and do awhole foundation, and it could put him
in bankrupts. But didn't the lenderrequire any kind of permits or anything.
I don't believe. So all right, well again, I'd call me back

(01:28:27):
or have them call me back.Three O three seven to one three A
two five five. You know,if you're looking for an investment that's safe
and conservative, Joe Kenno, CertifiedFinancial Planner, he has something that can
help you, and that is calledoverfunding life insurance. Now, we talked
about fixed indextinuities for income and guaranteedreturns and all of that for lump sums

(01:28:49):
of money. But what if youdon't have a lot of money and you
just want to start out. Youcan buy life insurance and you can overfund
it. What does that mean?That means that you pay more than the
cost of life and accumulate cash valuethat you can later use in life as

(01:29:10):
income through policy loans. Listen,it's a whole system. A lot of
people do it. Find out more. Become the banker dot org. That's
become the banker dot org. Allright, now, let's talk to John
Fuller Fuller Law. He's a personalinjury attorney that works in a very simple
way. You call him for freeinformation, free legal advice, free impressions

(01:29:34):
of your accident and what he thinksit's worth and how he thinks you can
collect all of this complimentary. Thenif you decide to hire him, he
works on a percentage fee basis,and what he does is goes after the
other party or the other insurance oryour insurance or wherever he can to get
you justice, to get you paiddamages. Now, what about this,

(01:29:57):
though, You become a plaintiff.That means you have the burden of proof.
John, what exactly does that mean? And how do you help there?
So one of the ways to reallyunderstand why insurance companies are such a
pain in the rear end is becausethey don't have the duty of proving anything.
They can just simply say, ourposition is that none of this is

(01:30:21):
related to the accident, and we'renot paying a single penny until you prove
otherwise. And a lot of peopleget very off put by that, thinking
that obvious, you know, theirdamages are obvious, and that the other
side would naturally just default to beingon the hook. But the exact opposite
is true when we do litigate cases, and whether we're negotiating with the insurance

(01:30:44):
company prior to litigation, we haveto prove that the damages exist, they
were caused by the accident, andthat there were no pre existing conditions that
complicated the plainets either you know,the existence of the injury or the recover
from the injury. So we havethat burden. That's why it's so difficult.
That's why you need us on yourside. And I look forward to

(01:31:06):
talking to you about your case tosee if it's a factor that we need
to work on for you. Youknow, John, I think of all
the things you've ever said, thatsums up the biggest problem in personal injury.
You're right about that. When peopleare injured, they just they feel
so frickin' bad, They've had somuch damage. They assume they just need

(01:31:29):
to collect and you have to takethat injury and those damages and make them
real so people cannot weasel out oftheir responsibility. I think that's your biggest
goal there, and that's your biggesttask. You put together the case.
Yep, that's exactly right, Tom. We do it on each and every

(01:31:51):
case, and we have been forover twenty years. So if we can
help you out, let us know. Yeah, And all you have to
do is call them, and youwill see the difference. With Fuller.
First, you're gonna talk to him, that's a big difference. Then you're
gonna get a cell phone number tocall or text at any time. Three
all three five nine seven forty fivehundred, John Fuller the one i'd call

(01:32:13):
right now if I was injured.Three oh three five nine seven forty five
hundred. My accident lawyer dot CNow coming up. I'll have Frank Duran
weigh in on this agency agreement andhit their fiduciary responsibility. So I told
you they just have to give youtheir opinion. We're going to do that
in a minute. Frank, I'mgoing to take these calls who've been waiting

(01:32:34):
a while. But then people,I was a little wrong in that it's
not just your opinion. Oh Ithink I thought it was great. So
if you're listening, contractor who calledfor your client, I want you to
listen to this. Uh. Firstthough, let's go to Keith. Keith,
you have a question about garage insulation. What's going on. Yeah,
I've been thinking about, like,I have a three car task garage that

(01:32:59):
when it was built never insulated.The attic above the garage. The rest
of the house is insulated, butI've been thinking on maybe, uh,
insulating it and wondering if to helpin the summer and winter. Bob,
Yes, all of that would help. Yes. Now, okay, it's
here's what I want to ask you. Above the garage you have No,

(01:33:20):
you have no insulation. Is thatgarage adjacent have a wall adjacent to your
house? Attic? No, it'sopen. What does that mean open?
I mean if you go up inthe attic to the crow, to the
little trap door, the groag partis not insulated, and you look to

(01:33:44):
the left, it's open and thehouse part is insulated. Oh but yeah,
no, no, no, no, you don't want that. So
that air is open to your house? Yes, yeah, you don't want
that. You're you're you want toinsulate above that garage. You know,
we have great people on the referrallist that do uh insallation? Did you
know that? Well, that wasmy next step after I talked to you.

(01:34:09):
I want to make sure, yeah, make sure you get good people
expect to do it. I'm goingto tell you you have someone in Colorado
Springs. Ah, damn, ColoradoSprings. That's a good one. Hold
on, I actually I don't know. I don't know, but we can.
I'm looking here right now, andI just looked at insulation here.

(01:34:31):
I just want to see. Ijust I forget the name of our insulation
place. Let's see. It's well, I want you to call. Let's
see. We have so many peoplelisted. I know they don't just specialize
in insulation. Well, hold on, you might want to try Valero Construction

(01:34:53):
in color I think they're down there. Yeah, Valero V. He can
give you a start, and he'sa good person man. So it's Valero
V E L excuse me, vA L E r Io Valerio. I
should say v A L E rI. Oh Valerio. And here's the
number seven to zero eight eight twotwo one three nine two one three nine.

(01:35:23):
Okay. Now, as far asinsulation, though, we have another
one I want you to call ifI can find it. Dang, I
can't. I can't find that installationcompany. I don't know why I'm not
finding it. In any case,go on referral list. Now, you
know petrolley roofing. They say theydo some of that, but I'm not

(01:35:45):
sure they do. I see sometimeswhen they're under roofing, they get put
under insulation. But you may wantto try. And we have uh,
let's see where else in Colorado Springs. No, I can't see, but
we have someone specifically, and Igot to talk to Mark about it.

(01:36:06):
I don't know why they're not showingup here. We have a great place
that does insulation, and I can't, for the life of me find it.
While I'm talking to you. Shedoes a great job with insulation.
And if he if he's listening,yeah, go ahead. Did somebody call
me? Is that? I thoughtI heard this somebody anyway, So go

(01:36:29):
ahead and go ahead and look onthe referral list. Meanwhile, if I
come up with that name, I'lllet you know. But you definitely want
to if that air over the garageis open to the air over the house.
You want that insulated for all kindsof reasons, and personally I would
I would personally not have it openover the garage into the house. If

(01:36:51):
the garage is un is the garageunheated, it's unheeded. Yes, I
would not have the air. Iwould insulate it, but I would kind
of make a partition there where theroof goes through. And you have to
also make sure you have proper ventilationup there. Do you have proper ventilation?

(01:37:12):
Yeah, that would just been checkedrecently and everything is correct there.
Now let's talk to Mike. Mikehas a comment. Mike, go ahead,
what is your comment on this insulationissue. Tommy kind of stole my
thunder. As a retired firefighter,I was going to recommend he puts what's
called a bulkhead between the garage inthe house, and that's just a series

(01:37:33):
of two by fours between the topof the body. It's kind of like
the gable end right of the ofthe garage, right leaning up against the
house where they go together right right. And if he can, he needs
to use five eights fire rock,which is drywall on both sides of that,

(01:37:57):
because if he ever has a garagefire. Yeah, it's going to
crawl through his attic and take thehouse with it. God, what a
good advice that is. I wasn'teven thinking in terms of fire. I
was thinking in terms of insulating andall of that. But you're right.
So what he's saying is put afirewall up there. Basically, okay,
Keith, between where they you know, like where they come together, really

(01:38:20):
where you're no longer in the garage, but now you're in your attic.
You got to block that. You'vegot to keep them separate. Yeah,
okay, I understand. And thenyou have to make once you make them
separate, you have to make sureyou have enough ventilation in both because now
you have two separate roof systems.Once you block that off, you're going

(01:38:41):
to have one over the garage andone over the house, and you have
to make sure they're both ventilated properly. That means you have to have softet
vents, and then you have tohave either a ridge vent or you have
to have vents pipe vents in bothsections of the roof. By the way,
if you're in the springs, Excelroofing is excellent at ventilation. They're

(01:39:04):
down in the springs too, soyou may want to talk to them about
that. Three oh three seven one, three eight two five five. Okay,
we have more coming up. Iwant to tell you Denverregen dot com
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(01:39:28):
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(01:39:49):
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here's what I love about it.It keeps the temperatures more even, which
in and of itself helps your airconditioner work less. But it makes your
house more comfortable. And in theevenings in Colorado, there's almost never a

(01:40:11):
time it doesn't work where you don'teven need air conditioner, and in the
morning too. I love my QCWhole House Fan. It saved me a
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So that's QC Colorado dot Com andagain you're gonna love it. And here's

(01:40:38):
the number three three, eight hundredand thirty four nineteen. Okay, I'm
Tom Martino. You're a troubleshooter.I want to talk to Sandra about our
dentist, an issue with a dentist. What's going on to Sondra? Well,
oh, sorry, I had spokewith you. I don't know.

(01:40:58):
It's been a few weeks bg maybeeven a month about a dentist that we
gave him ten thousand dollars up front. Oh my god, I remember hold
on, let me Yeah, thatwas terrible. And so what happened,
Well, since that time he hadfiled bankruptcy under his personal name Chapter seven,

(01:41:18):
so the patients couldn't go after him. But what was the name of
the dentist. Well, his nameis Sean Custer and the dental practices in
Fort Collins, and he had onehere in Greeley were park Few Family Dental.
He has since filed Chapter seven.But there are I'm finding more and

(01:41:39):
more women. They responded to mywho is thenet? Oh you found that
she is a gal? She contactedme. I just now saw it VI
a yelp who has gone through thesame thing that I am. She paid
money up front for gentures. Hehas been waiting a year. See what
he's doing. What it looks likeyou did. I'm not sure, you

(01:42:00):
know, I'm not completely sure,but that he was getting new patients in
there, and then he was takingtheir money, but then he would prolong.
How I mean, I've been waitingtwo years to get my upper plate
and she's been waiting one year toget hur Dennis her genscher. Now is
her name Dennette or Danielle? It'snetteDonette. Yeah, I found her,

(01:42:25):
but I didn't find you that Iwas looking for, because I know she
had called us, but I don'thave your call here. But in any
case, so so yeah, Idid right now. The guy filed for
bankruptcy. But if he committed doyou know if the bankruptcy has been discharged,

(01:42:45):
that means it's completed, not becauseit has not, because I still
have a time. I hired anattorney two thousand dollars. Do you want
to challenge that. You're trying tochallenge the bankruptcy, right, Well,
not only that, I'm wondering whendoes it become fraud if you were bringing
in there, that's right, that'swhat you have to do to challenge it.

(01:43:05):
That's exactly what you're doing, theright thing. But you should probably
get together with other patients and sharethe cost because it's going to be expensive.
What you're claiming that he took inmoney knowing he was going out of
business. Yes, yes, However, however, remember he did he's done

(01:43:30):
some work on most of these people, he just didn't finish them. Correct.
Well, that would give the impressionthat he was making a good faith
effort and ran out of time ormoney or whatever. Well, but you
know he strung me along for twoyears. Oh the LAB didn't get it,
right, are they? You Labdid this and Laud did that and

(01:43:53):
that. When they're sending it impressionsand things like this. I mean,
it's just a I mean two years, come on, no, I know.
But you're saying during that time hekept taking money, Well, yeah,
he kept getting new patients taking theirmoney. Why why are you spending
two grand on an attorney? Well, because I was informed that I should

(01:44:17):
not file the proof of claim tothe bankruptcy court myself, that I needed
a representation, well from an attorneyhere in Greeley. Well that's not necessarily
that's not necessarily true. I meanyou can file a proof of claim.

(01:44:38):
But well, and it shouldn't costyou two grand to do that. That
doesn't sound right to me, Soyeah, maybe not. It's Kingsford Law
here in Greeley. But what elseis he also going for that price?
Is Kingsford Law also going to filea protest? Well? I know they're

(01:44:59):
going to file a proof claim,but there needs to be because in my
research, there also needs to bea complaint and that's kind of what you
No, No, the complaint isfor challenging the bankruptcy for okay, But
the proof of claim is very simple. You didn't. I don't think you
needed an attorney for that. Imean, having an attorney for why would

(01:45:23):
I can't even believe that they wouldcharge you two grand to file a proof
of claim for God's sakes, It'sjust filling out paperwork, right right?
Yeah? No, see, andI have not signed anything as far as
them representing me. Well, okay, you haven't paid them yet. No,

(01:45:44):
and you haven't hired them yet.Okay, No, I want to
hold on to do me a favor. I want you to hold on,
dear, hold on to that.I'm not Donet. I'm sorry, Cassandra.
Hold on. I want to getMike wink On from the wink Law
firm to talk about this particular Okay, the case, not not the case,

(01:46:06):
but like filing a proof of claimin what it takes and just give
her some general inform. Okay,So hang on and we will come back
to you on that. I'm TomMartinez. We have more right after this.
You want to save money, likea ton of money on water heaters.
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(01:46:49):
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(01:47:09):
is it worth? Let's just faceit. I mean, that's the system
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seven four or five zero zero myaccident lawyer dot Co. Tom Martine here,

(01:47:54):
welcome to the show. I wantto talk to Mike Wink from the
Wink Law firm he does bankruptcy law. A quick question from Hey Mike.
So Cassandra paid a dentist upfront,got partial work done, and some other
people paid the money, and thenhe went bankrupt. So obviously there are
patients upset with the bankruptcy and theywant to put in a claim. We

(01:48:15):
don't know what assets there are oranything, but I have a quick question.
She was told that she needed anattorney to file a proof of claim.
Who told you that, Cassandra,I do not recall. Now this
has been so crazy. I mean, I've talked to so many people and
done so much research online. Idon't recall. So you hired an attorney.

(01:48:41):
Well I haven't, I mean Ihaven't, no, no, but
you talked to an attorney and hewants to charge two thousand dollars to file
proof and and all he's and youknow he's. They changed. They did
up an agreement of p agreement andsend it to me in an email for
my review and to sign and uhand it now states that it's basically just

(01:49:02):
for the filing the proof of claimbecause it's not anything. It says something
about term. I'd have to bringit up on my computer. But Anyways,
it's basically I think just for that, it's like if it goes any
further or it goes to I don'tknow what happens after once all these proof
of claims are filed against the attorney. So Mike filing a proof of claim,

(01:49:24):
isn't that something a creditor can doon their own? Yes, you
do not need an attorney. Andwith Google google the United States Bankruptcy Court
District of Colorado. There's a fullnumber there. There's a ford staff that's
actually quite helpful, and I'm surethey can give you a lot of guide
and if you have any problems,you can give us a call too,

(01:49:44):
and I can point you. Okay, correction. Now here's the thing.
Isn't it like a form Mike?Correct? Correct? Call? And she
did with that form? Did youreceive that you were obviously received the notice
of the bankruptcy correct? Yes,I did, and then a second notice
stating that there may be some assetsto distribute. And one of the other

(01:50:05):
gals that went to him, theysaid they the bankruptcy judge told her because
she attended the hearing, that we'relooking at maybe one hundred dollars back.
And that's like Well, I'm thinkingto myself, why the hell would he
charge me two grand a violent groupof claims? Well, yeah, don't,
don't hire that attorney. That that'swithout But there's another issue, Mike.

(01:50:29):
Let's say patients wanted to challenge thebankruptcy itself. Now that is a
whole different ballgame, right, correct, correct, And theoretically you don't need
an attorney to do that. ButI think you'd be foolish to engage in
that type. Right he killed,Mike. I have another question. Does

(01:50:51):
a trustee, if he gets alot of complaints about fraud or that the
guy knew he was going out ofbusiness, does it be hoove a trustee
to do that? Or does atrustee make more money if he just lets
the bankruptcy go through. Sure,well, there's a panel trustee who administers
the case. That's the that's thefrontline trustee, but overseeing every case is

(01:51:13):
the United States Trustee. And ifyou've got real if you've got a you
know, let's say a sizable numberof creditors who all have similar theft type
claims, which would this would beright, I paid for something I didn't
get it civil theft. Then youcould take that to the US trustee who
may or may not fight discharge youon behalf of sort of justice. Okay,

(01:51:40):
that's good to know, So,Cassandra, if you need any more,
Wink the Wink Law Firm is seventwo zero five two three zero six
two zero. You can also findhim at referralss dot com. We have
more coming up on The Troubleshooter Show. And then Frank Duran wants to fill
us in on the duties of realestate broker to correct what I said earlier,

(01:52:02):
and we'll talk about that and morecoming up. Yeah, rid News
need advice, so you don't haveto come running. Just as fast as

(01:52:23):
we can. Shooter's gonna help coming. Man Dix is the Troubleshooter Show.
No Tom Martino. Hey, I'mTom Martino. Welcome to the show.
Three oh three seven one three talkthree three seven one three eight two five
five. We're here to help yousolve problems, answer questions, take complaints,

(01:52:45):
make your life just a little easier. All you have to do is
give a squad. If Frank ranthe real estate man with me and we'll
talk about agency and agency agreements.But Will I believe is still on the
line. Will what's going on withyou? Will? How can we help
you? I'm having problems with seventy. They actually put a hold on my

(01:53:06):
registration. Now, are they sayingyou have unpaid dues unpaid tolls? Yes?
Why? Yeah? I don't everuse it, but I guess my
wife has been about telling me,and she used it years ago and I
told her don't use it. Okay, Well, then I was just going

(01:53:29):
to ask you because usually, let'sjust put it this way, usually four
seventy toll authority, they're pretty accuratein their assessments and record keeping. So
are you denying it or are yousaying it's too much or there's undue penalties
or what? What is your situation? How much? Said? They're they're
telling me it's almost one thousand dollars? Okay, so what are you saying?

(01:53:55):
No, I'm saying I don't knowhow a few dollars charge can turn
into one thousand dollars. Did theysay, though, that's part of that
is a penalty because they have penalties. Yes, okay, Well how much
of it as tolls and how muchis penalties? They didn't tell me that

(01:54:18):
part. Well, then that's why. Well, let's answer the first question.
That's how a few dollars adds up. But as far as negotiating,
usually they make settlements. Did theyoffer any settlement? No, she just
told me it was I they nineand forty five dollars or something, and

(01:54:40):
that's when I hung up and calledyou. Okay, Now here's what I'm
going to tell you. They arepretty good at negotiating. You're not going
to get out without paying, andthey have you over a barrel because well,
first, let me just delay someof your fears. They're not going
to lie to you about it unlessthey have the license plate completely wrong.

(01:55:02):
But if they had the license platewrong, they'd have the vehicle wrong.
If they have the vehicle right andcorrect with the photos, they'll gladly share
that with you. I would assumeit's correct. Okay, once in a
while they get it wrong, butreally not as much as you think.
So what year do they say it'sfrom. They can't collect more than six

(01:55:24):
years back. How long do theysay it is? How far back?
I didn't ask them that either.I'll probably have to call them back and
out. Just ask them for it, listen, ask for a history of
violations, and then negotiate a settlement. I'll bet you you get a settlement.
I know of one of the vehiclesthey are saying, I haven't owned

(01:55:45):
that vehicle for at least three orfour years. Yeah, I'm not okay,
that's okay. I mean, look, they can't go back. When
I say they can't go back,their ability to get a judgment is hindered
after a six years. But ifthey're reasonable, they if they have a
list of violations and you know you'vedriven it or your wife did, I

(01:56:08):
mean, you need to settle withthem, you really do. You're not
going to get away with it,no one does. It will cost you
way more in hassle and time thangetting it taken care of. But the
good news is they usually do negotiatesettlements. Now you can ask them if

(01:56:28):
you have any question about it.It sounds like you do. Just for
a list of the violations, they'llsend it to you. They'll email it
to you. Did they have younever been ever been hounded by them ever?
For tolls? Oh? They sendme one, Like I said,
I had, I know she didit once. I mean years ago or
over the years. Have you gottennotices? Oh? Yeah, they keep

(01:56:53):
sending them. But I listened toyou and you said something about don't worry
about they can't really collect it.I've never said that, never ever,
ever, ever, ever, ever, ever ever ever said that about tolls.
Ever. I've said that about redlight tickets, and I've said that
about other kinds of photo tickets.What I said was they are accusations at

(01:57:17):
best that in order to prosecute them, they have to take you to court,
and they have to they have toserve you. Now, since i've
said that, many municipalities have changedthe law so they only have to send
you a written notice, a registeredmail or something, and then you have

(01:57:38):
to go to court. And I'vesaid, if you get a court notice
for a red light ticket, don'tignore it. You'll you know. But
but I said they are collection notices, which is true. Toll violations are
way more than that. Toll violationsare actual tickets for something. They're not
a collection notice, they're a citation. So that's way different. So I'm

(01:58:02):
sorry you misunderstood what I was talkingabout. The toll violations are not red
light tickets, they're not traffic lighttickets. And some track like tickets,
they're triggered. They used to betriggered by faulty means, for example,
if you went a little far overthe line but you didn't run the light,
and those the municipalities would very seldomprosecute those photo radar tickets. Mainly

(01:58:30):
what they do is and that's forspeed and for red lights and all of
that. Mainly, what they usedto do is just send you a notice
and hope you sent in the payment. Again, I had enough to wallpaper
a bathroom, and not one ofthem was prosecuted. One time, Denver
police served me with one, soI paid it. They served me with

(01:58:51):
a court appearance one time out ofmany tickets. So I would call them
and absolutely try I to uh tryto negotiate a settlement if you can,
and there that they'll be happy tosend you lists of violations. Three oh
three seven one three talks seven onethree eight two five five. I'm sorry,

(01:59:15):
Now, hold on, that wasWill, wasn't it? Or was
that Mitch? Mitch's new Mitch's newon this? Okay, go ahead,
Mitch? What is your what isyour comment or question on this? I
have a really similar situation to whatWill was saying. I have a little
more information, I guess on.Oh good, Uh, all right,

(01:59:38):
go ahead. I know what they'retrying to I have a well, long
story short, I have polls thatmake sense that the they show the charges
for the like explate and all that, but then there's like an additional four
hundred dollars of late fees or civilpenalties are what they call. That's right,
yeah, yeah, yeah yeah.And but they've sent that statement to

(02:00:02):
an old address on the title ofmy vehicle. Well that's your fact.
Well, so I went through arecord search through Colorado DMB, which is
what they told me I need todo. Right, it shows that my
mailing, my mailing address, andthe restart address are correct. Oh oh,
hold on, how did they getthe old address? Well, it

(02:00:23):
was originally titled to that address,but I haven't lived there for like three
years. So I'm just curious onlike the notification that they're should be giving.
So so what I try to dois they they will in that if
they made a mistake, they willwaive the fees. So how do I
How do I prove though that theydidn't update their address other than that I'd

(02:00:44):
saying it's not Well, here's here'show you do that. Here's how you
do it. You have the dateyou moved, and you have the date
of violations. If the violations predate when you moved, then the violations
stand. If the violations were sentto the old address after you moved and

(02:01:04):
changed your address, the violation willstill stand, but the penalties won't.
Right. Yeah, I mean Iagree with you. I just don't know
how to get that agreement out ofthem, because they're saying I have to
go back and prove that they youknow, they were sending it to the
wrong address, which seems like,well, hold on, how do you

(02:01:27):
know they were? Well, thenI'm going to ask you, how do
you know they sent it to theold address. Well, the only reason
I knew there was a hold atall on my account was I went to
register the vehicle, and so thenI called them and they said, oh,
this is registered to an old address, or this is the address we
have on file, and I said, well, I haven't lived there,

(02:01:48):
and so that's when I had togo through the car the address they had
on file. Yeah, that's justthey told you that, but when you
went online you saw that it wasthat address. The kind of separate entities
though, so E four seventy hastheir address on file versus what Cardo DMB

(02:02:10):
shows. Well, that's what I'mgetting asked, So, which one had
the old address on file the fourseventy and they admit that. Yeah,
they said that's the address we have, and they said they'd get that from
the DMV. But apparently they justhaven't either updated the records or well,
they didn't uptake their records. Butmy question is not if they updated the

(02:02:32):
records. My question is what addresswas on file when the tolls were incurred?
Oh? I see, yeah,so the address on file, some
of the tolls would be to theold address, but most of them would
be in our new address. Okay. What they're going to argue, first

(02:02:55):
of all, is that you owethe money no matter what which you do.
Okay, it's not your address thatmakes you owe the money or not.
However, if you could, ifyou could show you did not ignore
it in an egregious way and itwas never sent to you and had you
seen it, you would have paidit. Well, then they're going to
say, well, isn't that funnyyou didn't pay it when we were sending

(02:03:15):
it to the correct address. SoI think what you need to do is
just talk to them, and usuallythey'll settle on those penalties, those civil
penalties. Were they willing to settleon the civil penalties? No, the
Yeah, the late sees and civilpenalties, they wouldn't wave those without They

(02:03:39):
wouldn't wave them at all, noteven part of them. Yeah. The
process they have set up is youcan't really talk to anybody. You kind
of have to email a America dress. So I don't know who really is
any right charge. But my assessmentwas just that they were unwilling to listen.
I mean, I said, I'llpay the tolls. I just could
you wagh the fees? It doesn'tmake any time, you know, Okay,

(02:04:02):
Again, normally, if they showa wrong address and that you were
not being notified, they will waivethe fees. There must be that that
not the not the tolls, butthe penalties. There must be something that
they have to show that at leastsome of those notices went to the right

(02:04:23):
address. There might I mean,I I don't know, I mean maybe
not, but you could ultimately,I mean, you know, you you
got to appeal this in a court. I mean, I don't know how
to get around it. They havenot tried to collect other than holding up
your registration is that right, right, which just happened. So this is

(02:04:45):
like maybe three years of three orfour years of how much is the total
build? The total builds like ninehundred and ninety dollars or something, so
how much of that is penalty?Four hundred and sixty dollars? Holy crap,
So it like doubles. Yeah,wow, I and every email you

(02:05:13):
said you they totally said we arenot waiving it. Yeah. That the
email is just the way that youcan submit documentation. So I had responded
with all that information about wrong address, and they asked, did I get
some additional documentation? Which I did. I got the DMV record right,

(02:05:35):
It shows three addresses. One isthe title address, one is the registered
address, one is the mailing address. So the mailing address and my registered
address show the correct address. Thewrong address that they have is the title
the original address that I had.So they just neither have an updated their
record from you know, four yearsago or something to make sure that it

(02:05:57):
was going the right place. Yeah. See, that's really complicated. Man.
I'm wondering if anyone else ran againran up against this. No matter
what, you're going to owe thepenalties you could send in that you could
send in the penalties. It's notgonna excuse me, send in the tolls
and say, look, you weresending these notices to the wrong address.

(02:06:21):
But I'm not, by the way, the fact that they were sending it
to the wrong address. I don'tknow. I mean, I think you
have a good argument if you canshow. But they're saying, prove we
were sending it to the old address. Isn't that what they're saying, right?
Yeah, which is like, howdo I do that? I don't
know. I don't know. Imean, I really don't. Did you

(02:06:45):
ever ever contacted anyone at your oldaddress? You know? I was,
it was the we forwarded the mailfrom it. And you may have to
give up the ghosts man will Idon't know what to tell you, bro.
I never I've never heard of themnot willing to negotiate. Again.
This is the second time I'm hearingit today. But usually they just want

(02:07:11):
to hear from you, and theywant to they want you to pay.
But they must, they must feelthey sent them enough to your old address
when you were there and when youmoved, like like you'd have to say,
like you said, about half thepenalties were sent to the wrong address.
And half were sent to the rightaddress. So their question is going
to be you didn't pay them whenwe sent it to the right address.

(02:07:38):
Or are you saying every one ofthem willing to settle? Yeah, I
mean, I guess the sieves orI mean, I didn't do that careful
of an accounting of what toll theyright? See again, But it would
seem that even if they said okay, well we'll we'll have waived the fees
from you know, the years afteryou moved something that right wouldst reasonable.

(02:08:01):
But they're not doing that at all. That's because your pattern probably showed that
you weren't paying. Maybe that's whatit is. I don't know what to
say. I mean, because they'regonna say, well, you're just looking
for a technicality now because you neverpaid them before when we were sending him
to where you did live and thenwhen you moved, well, you know,

(02:08:22):
I mean, I think that's what'sgonna happen. Or they're just gonna
wear you out because they don't care. They literally are the administrative state.
I mean, guys, I'm nottelling you I'm in favor of this,
but you got to admit you didignore them. But I will say this.
When you're up against an administrative state, it's you who has to spend
the money, and the money oftendoesn't equal the justice you want. Now,

(02:08:48):
I got to take a break,Mike, if you want to stay
on the line. You have acomment on this. Maybe I don't know
if it's for or against Mitch orwhatever, but hang on. We'll come
to you right after this. Allright. If you are looking for a
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dot Com. Hi Tom Marks,you know here, Mike. What is
your comment on tolls? Man?Did this hit a nerve? What is

(02:10:45):
your comment? Well, it's justa question. I amn't having the toll
road traffic violations, but I'm justwondering if you do have any on pape
is in this state, I guessit would be. There's a right to
not renew your driver's license or issuenew tags. Well, yeah, but
that's what the legislature has given them. That's why they that's why they're hearing

(02:11:09):
from them all the time. Becauseof that, they have to have statutory
authority. They cannot do that asa regulatory body. It has to be
built into their to their authority.Okay, yeah, that's the only question
I had. Then. In fact, remember don't you remember there were there
were also laws deadbeat. They theypassed for deadbeat child support and all of

(02:11:35):
that. The same thing for licenses, and uh, they the state legislature
often does that. They tie theprivilege to the responsibility and they say,
now you don't have this privilege anymore. And yeah, they do it.
And in fact, I think,uh, didn't they even extend that to
parking tickets and stuff. It isit is a way to It is a

(02:11:58):
way to bring you to your kneesbasically, man. And I'm telling you
on this toll thing, it's justso easy to do it. To get
an account with these people. Ihave an account where it recharges like a
like a Starbucks. You know,you don't pay as you go, but
you you like, you put alump sum there and then it pays down

(02:12:18):
and then when you get below acertain amount of recharges. I do you
do you have that? Frank Duran? Do you do you drive a lot?
To you? Yeah? Do youhave the prepaid account? Right?
And then it's cheaper. Yeah,okay. Now on agency, a guy
called Earlier and said the real estateagent was giving her advice, was giving

(02:12:41):
her advice on what she thought,Oh, don't worry about the improvements,
about the basement, about this,they all look good. I would just
sign it. And then he wassigning it, and then he felt really
mad about it because they were alldone wrong. Now, obviously there's all
kinds of things this guy could havedone with a home inspector, and and
and then you have to look onthe disclosure sheet. But I'm wondering,

(02:13:05):
is a real estate agent is shedoing something wrong by rendering that opinion?
Do you think, Frank? Well, you know, Tom. Under brokerage
duties on both the listing side andthe buy side, it says this.
It says advising buyer regarding the transactionand advising buyer to obtain expert advice as
to material matters about which broker knows, but the specifics which are beyond the

(02:13:28):
expertise of the broker. So inother words, you're not allowed to give
advice beyond your own expertise. Absolutelywell, how would you interpret that then?
If she was if she was saying, hey, don't worry about it,
and she said, well what aboutthis? And what about that?
That broker should have said, ifyou have any questions, hire a contractor.
Right. Yeah, Tom, inmy opinion, that was very careless.

(02:13:48):
I think you need to really pointthem in the right direction because as
could they go after you think areal estate broker or a real estate agent's
license. I'm not licensed, butthe insurance for that potentially, Yeah,
I think I think potentially they would. They potentially have a case. Tom.
I mean that's if you look atwhat that really says. We're supposed
to get him in the right direction. Like if a real estate person,

(02:14:09):
once in a while we get complaintsabout this, Frank, a real estate
person will say, oh, thishouse is really good, you don't need
an inspector. Now there are peoplethat say stupid things like that. I
don't think i'd get an inspector ifI were you, and I've heard of
that we've had complaints about that.That would be totally out of bounds.
Oh yeah, In my opinion,that's also very careless, Tom. I

(02:14:30):
honestly I would never have a buyerever. I would never recommend and if
they insisted, Nope, Nope,I don't want an inspection, I would
put in writing, Look, we'lldo what you ask, But in our
professional opinion, we strongly this nowwhat now on on another thing then,
because that's good for them to knowif that agent truly did pressure them,
she could be held accountable. Now, on the other thing, have you

(02:14:52):
ever had a transaction where a sellerdid not want to do a disclosure statement
because they're not required. Now,if you do want, it's got to
be approved and it's got to behonest. But have you had ones that
were not where they said we werenot doing one, or where you were
a buyer's broker and the seller wouldnot provide a disclosure statement? You know,

(02:15:13):
Tom, I've had one and maybethe last ten years or that happened.
A gentlemen just absolutely refuse And Iexplained him, you understand, you
still have a verse material fact.You have to disclose by loss. So
even if you technically even if youdon't do it, Yeah, even if
you don't do it, you stillgot to disclose at verse material fact.
Yeah, but it would be harderto prove you lied. Yeah, right.
And his philosophy is, yeah,I just I don't like the form.

(02:15:35):
He didn't like the form, Sotechnically, what would you I would
advise, See, I would advisemy buyer not to buy if if you
didn't have a disclosure share well witha lot of sellers got to realize too,
on that same seller's property disclosure thatactually could work in the seller's favor
because there's a spot where the yeah, they say, well, yeah,
we we told you about it.Yeah, and it says buyer advisory as

(02:15:56):
well, you know, check itout for termites and this and that,
and there's a list of things.One time, years ago, I moved
an air conditioner. I had acontractor move in air conditioner because it was
uh, well I forget what itwas, oh, because it was outside
the bedroom window or something making noiseand we moved it. It didn't do
anything to anybody anywhere. We justmoved it. They had to extend the

(02:16:20):
lines and all that, and Ididn't get a permit for it, okay,
because when I went to get apermit, these were such pains in
the ass. They wanted to getwell, how far is it from the
property line and blah blah blah,and I'm always doing is moving it down
the wall. And to be honestwith Frank, I said the hell with
it, let's just do it.And I did it, so then I'm

(02:16:41):
going to sell and they asked,have you ever had any home improvements done
without a permit? And I thought, well, that's not a home improvement.
But at the time, my realestate person says, you should tell
them anyway, So I did.I said, I moved that air conditioner
without a building permit so they couldhave an inspectorcy if it was done correctly.

(02:17:01):
Having to permit or not is notillegal, it's just lying about it,
right, So then no buyer couldsay that I did it without telling
them, right ye. So butthat's important. Now we have comments on
the four to seventy tolls plus anissue with windows. Chris, I hope
you hold on. We got totake this break. Euro Plumbing Colorado dot

(02:17:26):
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I say crazy savings because they're doingwater heaters cheaper than anyone. And
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(02:17:50):
guarantees their installation thirteen ninety nine fora forty gallon tank, fourteen nine nine
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six eight four four. Tom Martinohere with Frank Duran, the real estateman

(02:18:16):
dot com. No, now,Chris, what is your comment on E
four seventy tolls? Chris, Yes, sir. A few years ago I
had an old classic car. Yeah, and I ended up selling it about
two years ago. And uh,about a year later, I got two

(02:18:41):
notices about a month apart, uhsaying that my my car and my license
plates were on the four seventy tollAnd so I talked to the four seventy
folks and they said, well,you need to clear it up with the
d m V people. And sowhen I went to the DMV, they
said, well, your license platesmust be on that car, that's right,

(02:19:03):
but if you could show I wantto tell you this, if you
could show that you you transferred title, they won't hold you responsible for that,
right. What ended up happening.I collect license plates, antique license
plates as well, and so Istarted thinking about it and it's like,

(02:19:26):
well, somewhere here in the garage, I must have my license plates,
because I don't you know, Ilearned from you years ago not to leave.
No, no, I don't leavethe license R you sell it,
that's right. And so I starteddigging through the garage, digging through the
garage, and sure enough I foundmy license plates. So I went back
to the DMV and I said,here, here's my license plates, both

(02:19:48):
the front and back with the tags. And sure enough they you know,
after that, I uh, wait, wait a minute, So how did
they get that on camera then tocharge you if you had them? I
have no idea. I have noidea how they did that in that car.

(02:20:09):
Wait a minute, so did theydid they end up? Did they
end up taking the penalties off orthe tolls? Yes, yes, they
took They took everything off once Ishowed my license plates to the DMB.
Now that's weird, that is totallyweird. You're telling me that you had
license of tolls on that license plate, but you had both plates in your

(02:20:33):
garage. Yes, uh, thatsounds I have Chris, I don't know
how that would happen. I mean, was it a phantom plate? They
took a picture of for goodness sakes, I mean, how the hell did
they get how? And it wouldhave been different if it showed up on
a different car. But that plateto show up on that car and then

(02:20:54):
you had the plate in your garage? Are you sure it wasn't when you
owned it? No? No,that car had never been on the toll.
Like I said, it was aclassic, and I just until you
sold it, you know I would. But but but when they sent you
the picture of the toll violation withthe plate, did they have a photo
of the of it with your carin it? No? No, no

(02:21:16):
there was. Oh I would haveasked for the I would have asked for
the for the photo. Yes,I should have. But no, yeah,
because I'll bet you well even ifit was a different car. I
just I think they might have readthe digits wrong on another car. That
very seldom happens. But anyway,thank you. Listen, Joe, you're

(02:21:37):
calling about windows. Are these thethe Marvin windows, the Infinity windows?
Yes they are, yes, Andyou said in less than a week you
noticed air leakage, and neck Gensays the windows were installed properly, right,
Yeah, that's what they're saying.And now where do we stand today?

(02:21:58):
I think I gave you some suggestionsto get an expert out there,
did you, Yes, I tried. You recommended K and H. So
I went ahead and called them,but they refused to come out because they
said it's not their windows and theydon't want to touch them. That.
Uh and well I get it.Yeah, yeah, exactly. Sometimes listen,

(02:22:20):
sometimes that's what you get. Inother words, they won't they want
that. Sometimes they do comment thoughon installations for us as an expert we
have so so is that what you'recalling to tell me that you need an
expert to look at them? Well, yeah, that's what I've been trying
to do. And because I've calledpreviously the last year or so a couple

(02:22:41):
of other companies, and it's thesame thing. K and H said,
you know, well, they're notour windows, we won't touch them.
Dog gon it, dog on it. I want to get what part of
town are you in? I'm inloved One, Colorado. Oh that's one.
That's another pain. I'm I'm hopingI can find someone. Joe,

(02:23:05):
leave just hold on, leave yournumber, Hey, Kelly, let's put
the word out for an expert andthen take his number. So we can
try to if do we have anyexperts that can get up there to Loveland.
I can't ask some of our peoplein Denver to drive up there for
a free inspection, but maybe wehave someone up north. We'd have to
I have to go look. Andmeanwhile, if you guys know anything about

(02:23:28):
windows up in the Loveland area andwant to help us out, but I
want someone with a lot of experience, because they're saying there's nothing wrong with
the window and it has to dowith the house, and I have no
idea what I don't even know whatthat means. So hang on and we'll
we'll try to get a volunteer.Three O three seven to one three eight
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(02:23:54):
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(02:24:18):
story. Frank Durham was sitting heresaying this is really cool down here.
It's really you know, he meant, the temperature is so comfortable, and
he's got a suit on, andI said, Frank, I promise you
my error is not on. That'sall my QC whole house fan. That's
the quiet, cool whole house fan. True story. Now here's the deal.
I can't emphasize enough how little yourair conditioner works and how cool your

(02:24:41):
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(02:25:03):
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(02:25:24):
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(02:25:46):
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(02:26:07):
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(02:26:31):
com. Three oh three six sevennine eight five zero nine. Hey Tom
Martino, you're a troubleshooter three Othree seven one three talk seven one three
eight two. Well, I don'tknow. You call three oh three Martino
because we're almost done and then youcan get on the next show. So

(02:26:52):
we're talking to Frank durand the realestate man about real estate, and I
want to get some closing, someclosing thoughts here, Frank. Right now
you're saying houses are brisk, they'removing. Yeah, yeah, they're moving,
Tom, But I'll tell you there'snot in a week. Oh yeah,
tell you what price. I'm right, because there's more inventory, buyers
can be more picky now. Sothere what's the average time on market?
Now? About? Do you know? Last I checked, I think we're

(02:27:13):
a little over thirty thirty two daysor so. Okay, Yeah, isn't
that funny? That's still lightning fast. That's not too bad, Tom,
because you know, hell, you'vebeen back in two thousand and eight.
Boy was some of these listings hadbirthdays on them after a year. You
know, that's right? Yeah,but it's important not to price too much
right front or too little right soyou don't want you Obviously you're not going

(02:27:33):
to raise as you go, butyou don't want to have something that's priced
so high you have to keep hammeringagain because that hurts you more. In
the long run, you end uptaking a bigger loss, usually over time,
whereas you get multiple offers. Still, yeah, we still are Fad.
That's why he was working late lastnight. Tom. You know what
I've said. You can't do wrongwith Frank Duran the real estate Man dot
com three h three nineteen zero sixteentwenty two. Thanks for being her,

(02:27:56):
Frank, And remember, folks,don't forget REO three Martino and we will
work you into the show without away. Three oh three six two seven
eight four six six for help