The Troubleshooter 7-30-25

Episode Transcript

Speaker 1 (00:05):
Ripped off.

Speaker 2 (00:09):
You don't have.

Speaker 1 (00:12):
Come running just as as we can show.

Speaker 3 (00:16):
Shooter's gonna help come man.

Speaker 4 (00:19):
This is the Troubleshooter Show. No Tom Mark helped my
friends to the only show it's got.

Speaker 1 (00:27):
You know the deal.

Speaker 4 (00:28):
Here's what we do every day, day in and day out.
We help people like you that have been ripped off
or taken advantage of. Maybe some contractor took money up front,
never finished a job. Maybe you got some dead beat tenant. Yeah,
I said, a tenant that's not paying and you're a landlord,
or maybe you're a tenant and the landlord can't seem
to get you hot water. That's what we do, and

(00:49):
we do a day in and day out. We fight
for you. We use the power of the media, this
massive radio tower, and YouTube and the iHeart app in
every other way you can listen to this show. We
use the power of the media to go after the scumbags.
We have recouped over three hundred million dollars in cash, merchandise, exchanges, refunds, services.

(01:15):
You get the idea. That's what we do. We do
a day in and day out. I got one line
open three oh three seven, one three eight, two five five,
three zero three Martino. I'm gonna hop right to the
phone's David. What say you today, David hell Ion, you
are on, sir.

Speaker 5 (01:34):
Okay. I've got a Denver condo that was flooded by
the people above me.

Speaker 4 (01:40):
Got it.

Speaker 5 (01:40):
Uh, It's a big building. And when we have work
done plumbing, valves, et cetera, we are to have the
HLA shut.

Speaker 6 (01:48):
Off the water.

Speaker 5 (01:49):
There's a seventy five dollars fee and then a notice
is sent out to everyone in the building water will
be off from this time period. Usually it always gets
done before the end of the period. And the neighbor
above me heard about this opening and train slot and
tried to change out two of her valves on her
leave kitchen faucet, and she didn't get it completed before

(02:12):
the water was turned back on. So my little condo
belover received hours of water before the HOA could get
back out there and shut off the water.

Speaker 4 (02:23):
Does she own it or does she rent it? David?
She owns it, and do you own yours?

Speaker 7 (02:28):
Yes?

Speaker 4 (02:29):
So what's the issue. I would assume she would turn
this over to her insurance and everything should be handled.

Speaker 5 (02:35):
She did turn it to her insurance and now she's
telling her insurance to deny all planes. Why and well,
she said she did nothing wrong, and she's saying the
HOA is at fault. Many people were involved in this
when it took place, because when the water came on.

Speaker 4 (02:54):
Hey, a lot of this though, David, listen, a lot
of this isn't going to matter. Then if she's trying
to deny it, did they actually deny it? Do you
have a denial letter?

Speaker 5 (03:03):
I don't have a denial letter. I got a denial
call yesterday, fair enough.

Speaker 4 (03:07):
So why don't you just turn it over to your insurance?

Speaker 1 (03:10):
Well?

Speaker 5 (03:10):
I did, okay, And one little problem with that is
it's a small condo, five hundred and ninety six square feet,
and I had insurance, but I never thought I would
have asbestos abatement done, which is very expensive, and water.
Removing the water and drying it out, et cetera. Pretty
much consumed my coverage. So I have pretty much exhausted

(03:33):
everything on my coverage.

Speaker 4 (03:36):
Is that going to be enough to fix all the damage?
Though caused Buyer?

Speaker 5 (03:39):
No, No, I'm right now. It's down the studs, cabinets
are all removed. I mean I really have a toilet,
a sink, a couple of two sinks, a couple doors,
and pretty much everything else other than the closet's removed
down to the stupe.

Speaker 4 (03:53):
I think you need. How much more do you need
money wise? Dollar wise?

Speaker 5 (03:58):
I would guess be because there's nothing put back in
yet that probably I'm getting close from contractors, hopefully today,
hopefully later this week, but I'm kind of guessing seventy
five to eighty thousand.

Speaker 4 (04:10):
An additional work.

Speaker 5 (04:12):
Yeah, there hasn't been really working.

Speaker 4 (04:13):
You're going to have to bring a lawsuit against your neighbor.
I mean, I see no other way of doing this.
You can't force her insurance to do anything, and the
only way it appears is if you're going to force
her to do anything is to sewerk.

Speaker 8 (04:25):
Right.

Speaker 5 (04:28):
Yeah, I've been what I probably would need to wait
until I actually have costs figured out. I don't you
know up to now, I know what it can cost.

Speaker 4 (04:38):
Well, I have the meal. Listen, here's how it's going
to go down. Unfortunately, you're going to have the initial
expense of hiring or retaining an attorney. But I'll tell
you how it's going to go down. If everything is
correct from what you've said, this is her negligence. That's
exactly why she has coverage. This is the exact reason
why she's being a bitch. I'll put it that way.

(04:59):
I have no idea. I just don't know. To me,
it's ridiculous. But anyhow, I don't see her getting away
with this in any way. So what you really need
to do is bring that lawsuit, and in order for
her to go forward, she's going to give it to
her insurance company that are then going to get involved,
whether they want to or not, because now they have

(05:20):
to defend a lawsuit and that's part of her liability coverage.
And then that's where they're going to look at it
and go, no, we got to pay this out, and
they're going to tell her, Hey, it's our decision, not yours.
There's no reason this would be somebody else's fault unless
I'm going to throw this some lesson there. She's not
making the argument that this was in the walls and
this had something to do with the HO six or

(05:41):
the condo coverage. Right.

Speaker 5 (05:44):
She has changed her story several times to well, what
story do.

Speaker 4 (05:49):
You believe is true? What you started out like, you're factual?

Speaker 5 (05:53):
See, I know that the plumber that finished up a
job next to her her screaming, came out and helped
her with them try to help her get valves on,
and HOA was called, the fire department was called. Yeah,
and the HA president that lives on site was called
by the HA company because they said, there's a terrible
flood and you know, there's two inches of water coming

(06:16):
out of a unit going to the unit below. So
there are witnesses that have said she had the valves
off and she didn't get them back on before the
HOA turns.

Speaker 4 (06:26):
So that's what is she saying now, though I understand
she's saying, Hey, we're in the middle of something and
the HOA turned the water on. Well, I mean, who cares.
That's that's now no one's fault. She didn't give any
notice according to the bylaws, right, correct, Yeah, let's do
this hold on. Get Brian Burns on, Kelly. I want
to ask Brian about this coverage to make sure I'm

(06:46):
not missing anything. But for the life of me, if
that's what happened, I don't know how she wouldn't be
liable now. Maybe she doesn't have insurance, although it sounded
like she did in the meantime, as we're getting Brian
on smanth has got a question, Samantha, what's going on
with you?

Speaker 9 (07:04):
Right?

Speaker 10 (07:05):
Well, I am having a tenant landlord disview. I grew
up in the retail tire industry for the past twenty
five years. Both my father and uncle owned hire shops
of their own. What are they, significance other tire shops,
retail tire shops?

Speaker 1 (07:20):
Yeah?

Speaker 4 (07:20):
Where are they, sir?

Speaker 10 (07:22):
I'm sorry? So mine is located on twenty six in
Federal in Denver.

Speaker 4 (07:26):
What another what is it called? What is it?

Speaker 11 (07:31):
Oh?

Speaker 12 (07:31):
King's Custom Tire in will Cool.

Speaker 4 (07:33):
I was in that business for too long. I couldn't
stand it. But I had some good year franchises, so
I understand it. But what's going on with you?

Speaker 11 (07:42):
Yeah?

Speaker 10 (07:42):
So we have you know, my significant other Night and
we opened up ours back in July of twenty nineteen,
while in twenty twenty four we decided that we wanted
to expound the business and open up the second location.
In July of twenty four we did find a property
on sixty ninth and Highway to in Commerce City. We
did have two on site visits with the broker. During

(08:03):
those visits, we talked in detail with the broker for
plants for the space, you know, down to where we
wanted to put the machine, the merchandise, you know.

Speaker 6 (08:10):
Things like that.

Speaker 10 (08:12):
We did decide to move forward with the property on
the you know, the location of the space that it
offered was perfect for our growing business. We did fine
in the beginning of August of twenty four we began
the moving process immediately. Over the next couple of months,
you know, we set up we applied for license to
study permits. While we were surprised in mid November that

(08:34):
the license was denied due to zoning. I did go
down to the city building.

Speaker 4 (08:39):
What was that? What was the building prior?

Speaker 10 (08:44):
I am not one hundred percent sure what was there.
I did hear that it was a I believe it
is some sort of like a gambling smoke shop. If
I'm not mistaken, We're give it so.

Speaker 4 (08:56):
But why are they denying when you say to zoning.
I mean, if it's a commercial property, why wouldn't they
allow a tire store there? I mean I could understand
why they wouldn't allow, say, a marijuana store there, but
why a tire store? What is their reasoning?

Speaker 10 (09:10):
They said, just the C two zoning that the current
zoning is on does not allow for tire shops. That
was kind of the very brief description that the city
gave me.

Speaker 12 (09:20):
Excuse me, that the city.

Speaker 4 (09:21):
Gave me, and they won't issue any kind of variants
or anything. In other words, you're telling you not going
to happen no matter what.

Speaker 10 (09:28):
Well, they did offer rezoning, and so I did management company,
and I did let them know that the option was
given to us to do a rezone. The management company
did tell me that the landlord was aware that a
tire shop was not a permitted use of the property
and he would not be applying to rezone.

Speaker 4 (09:46):
Well, what did they expect you? Hold on a second here,
I am so confused here. So you meet with the
broker that represented the owner, Yes, the landlord, yes, correct,
And they knew the landlord you mean the owner of
the property.

Speaker 10 (09:59):
Though, right, I'm assuming yes, I'm assuming a landlord is
the owner of the property.

Speaker 4 (10:04):
Yet Okay, So I guess what everybody's thinking, and not
just me. They knew it was going to be a
tire store, right, yeah, So are they simply going to
let you out now? Are they trying to hold you
to the lease?

Speaker 12 (10:19):
They are, Yes, they're trying to hold you.

Speaker 4 (10:21):
To the least in anywhere in that lease does it
describe what business is going to be operated there? It does?

Speaker 10 (10:31):
It does any leaves that I am only able to
retail of tires and wheals.

Speaker 4 (10:37):
It says that, yes, retail of tires and wheels. So
to me, that's a tire store. And you talk to
them about the equipment, right, are they going to deny?
It is the broker going to deny that you talk
to him about, say an alignment machine or a tire
changer or a balancer.

Speaker 10 (10:57):
I'm not one hundred percent sure what the broker will say.

Speaker 4 (11:01):
What he know? What did he know? According to you?
For god's sake, what did this guy know?

Speaker 10 (11:07):
Well, we showed up with not only myself and my
significant other, my father was with us as well, because
again I said, you know, keep going.

Speaker 13 (11:15):
Hey.

Speaker 10 (11:16):
We looked over it, We discussed everything. We even asked
if we were able to remove the tables that were
lining the wall so that the machines could fit.

Speaker 4 (11:22):
They here's all I'm asking. They knew you would be
installing tires and rims. Is that correct? That is correct?
All right? Do this get Brad O'Brien on Kelly, this
one's outrageous. Now they won't let you out. How long
is the lease?

Speaker 5 (11:35):
A year?

Speaker 12 (11:37):
Four years?

Speaker 4 (11:38):
When four years, well, what do they expect You're going
to go broke? And then you're telling me, even though
they could rezone it, this guy won't rezone it. Does
he not want the cost of rezoning.

Speaker 10 (11:49):
They never gave me an explanation. They simply told me
he was aware, and he is not.

Speaker 4 (11:53):
I swear to God, Samantha, this is hard to believe.
I hope you're not not leaving anything relevant out of this,
and I want to see that least. Do you have
a copy of it in a PDF?

Speaker 12 (12:03):
I absolutely do.

Speaker 4 (12:04):
I get us that least, and I want you to
highlight or put in the email where put in the
subject where it talks about a tire store in selling
rims or retailing rims and tires, because this is crazy.
I have never heard if their argument is we thought
you were just going to sell tires and not install them,
or rims are not install them. I can't think of

(12:25):
one place like that. I can't think one example of
anything like that that sells tires and rims and doesn't
install them, not one, not one. Hold on a second.
Let's get Brad O'Brien up. Brian Burns with Compass Insurance. Brian,
I've got a question for you on a condo, but
I gotta take this break. I promise I'll bring David

(12:45):
and you back up after this. One line open, three
h three Martino. I hope, I really hope there's more
to this story, Samantha, because it just doesn't make any sense.

Speaker 9 (13:00):
Go with a sure thing Denver's Best Roofer Excel Roofing
dot com.

Speaker 13 (13:04):
You don't pay a cent until you're content.

Speaker 9 (13:10):
Time for an insurance check up free, no obligation comparison
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Speaker 4 (13:26):
Home with Remax Alliance.

Speaker 9 (13:28):
Three oh three nine two zero sixteen twenty two.

Speaker 4 (13:32):
All right, three oh three seven one three eight two
five five three oh three Martino. One line open, get
that call in. I'm going to go to Brian Burns's
Compass Insurance, but really quick. This hour brought to you
by Frank Duran the real estate man.

Speaker 7 (13:46):
Man.

Speaker 4 (13:46):
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(14:08):
guy that goes in with a drone and does this
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(14:29):
Now Brian Burns Compass Insurance, Brian, I appreciate you coming on.
I have to take David at his word. Okay, here's
apparently what happened. They have a condo association and he
lives in a condo and there's someone above him. Whenever
they have to do something with the water, they have
to go to the HOA or go to the management

(14:52):
and basically request it in writing. Management comes out warns
the rest of the building the water will be shut
off between ten am and six or whatever it is. Okay,
follow so far, there's no other way to do work,
like install a new faucet, or there's just no other
way to do it. A new valve, have.

Speaker 14 (15:11):
The individual shut off for each unit.

Speaker 4 (15:13):
That's right, for the whole building up, that's right. So
the neighbor above them got noticed that someone else was
doing something and basically the water was going to be
shut off, so she decided to change out some of
her valves and her sink. Well, when she was changing
them out, she ran too late, and basically the water

(15:36):
came back on and caused a massive flood two inches
of water caused a ton of damage to his unit.
At first, when he reached out, she kind of acknowledged
what happened that you know, she missed the timeframe and whooped, sorry,
it's an accident whatever. But now after now she's saying,
you know what, she's instructing her insurance company don't do

(15:58):
anything whatsoever, and she's changing her story and David, what
is she trying to blame it on? Now? Trying to
blame it on the ho way or what she.

Speaker 5 (16:08):
Has changed so many times. The last situation she brought
up was that when the HOA turned the water back on,
there must have been a burst and it burst her
pipe open. But there are witnesses to this because the
plumber that had finished with the job next door heard
her running up and down the complex and came more
to help. And I had their name and number, but

(16:30):
they can't release information unless she allows them to. And
during this time, when the fire department was called, etc.
The HOA president was called who lives on site, and
she came over and she asked, actually asked my neighbor upstairs,
what were you doing? And this neighbor told her, I
was trying to change my two valves out because I

(16:50):
thought that the water was going to be turned off.

Speaker 4 (16:53):
So where's the deal, Brian, here's the question. I have
you get the idea of it? Can you see any
circumstance where this would not be her liability being the
neighbor above. If this guy David suit her because you
know she's not communicating with her insurance company, do you
see any way he doesn't get the coverage. Because here's

(17:13):
where the second part of the problem comes. In of course,
I said, just turn it over to your own and
then they'll subregate. But the problem is the damage is
way higher than his limits. He's already had his limits,
and he still has about eighty thousand dollars in damage
according to him.

Speaker 14 (17:30):
Gosh, okay, yeah, no, I guess the only way I
don't see her liability paying is if she lies. I mean,
if she turns around and says, H, no, it was
a broken pipe, it was nothing to do with me.
I didn't do it. I mean, she lies, there's nothing
you can well, how would.

Speaker 4 (17:46):
You even prove that? In other words, somebody had to
fix something. I doubt she went out and basically, you know,
sweated in a pipe. Wow, while there is this huge
leak going on. I mean someone I had to repair this.
David who ultimately repaired it? Do you know?

Speaker 5 (18:04):
I have the name, but not with me right now.
But the h roy was involved in on the plumber
that wrapped up work next to her unit. Yeah, heard
her screaming up and down the community. And who went
over and he actually she asked him to help.

Speaker 4 (18:18):
I guess what I'm asking, David, is there's a plumber
or an expert somewhere besides, besides the main manager who
lives on scene. But there's a plumber somewhere that knows
what broke and what he had to fix.

Speaker 5 (18:31):
I do have a band name and number, and when
I called him, they said they understand, they got it,
but they can't release the repair or the What are.

Speaker 4 (18:40):
They sighting, Hippa. For the life of me, what are
they sighting? That sounds outrageous, But let's let Brian go ahead. Brian,
I'm sorry I got you in.

Speaker 14 (18:49):
I do think I would go ahead and do exactly
what you're saying, because my guess is, if she gets
served a lawsuit, I don't think she's going to be
as interested about telling her insurance company not to pay.
She's not gonna have to go to court and defend herself.
So at that point, I think she will turn it
to her insurance.

Speaker 4 (19:06):
Now, not only that, think of all the people that
would have to lie with her. You would have to
have the plumber lie with her, you would have to
have the HOA manager lie with her. She's not going
to get all these strangers, or at least some of
them being strangers in cahoots.

Speaker 5 (19:22):
And they have you talked.

Speaker 4 (19:24):
To her current company go ahead, Brian, ask him.

Speaker 14 (19:27):
Have you talked to her insurance company? Have they responded
to you at all?

Speaker 5 (19:32):
Yes, numerous times. I've talked to them, and yesterday they
gave me the verbal that they are denying all claims
and they have closed it because of her instructions.

Speaker 14 (19:41):
Okay, Well, yeah, then I think she'll probably give them
instructions to open them back up if she's getting sued.
So that's the direction I would go.

Speaker 4 (19:49):
Well, what's even crazier think about this, Brian, Just the
fact if it really did burst and she knew nothing
about anything, why would she hand over her insurance information
in the beginning.

Speaker 14 (20:01):
Right, she would have just taken this stance from the
get go. I don't I don't really understand what she's
doing because I'm imagining she has a claim.

Speaker 4 (20:08):
Anyways, she might have had another claim and this would
cancel her I don't know, Well.

Speaker 14 (20:14):
Yad no, but I mean she probably had made a
claim for her own water damage in her unit, I guess.

Speaker 4 (20:19):
And it would be the same claim.

Speaker 5 (20:21):
It would be just and joy things are.

Speaker 4 (20:25):
I just I'm baffled by it. I don't know why
all of a sudden she would do this, David, what
is your You know her better than any of us,
if you know her at all, But I mean, what
is your give us your perspective on it.

Speaker 8 (20:37):
Why do you think she's.

Speaker 5 (20:38):
Not been a good neighbor?

Speaker 4 (20:40):
Okay?

Speaker 5 (20:40):
And I think she's probably gotten by with a lot
of things with the HI already, and I think that
probably has sealed her fire there.

Speaker 4 (20:48):
What kind of attorney do you have an attorney you
would recommend, Brian on this? I mean, we have contractor
trust acts, attorneys and personal injuries and contractual and will's
and estate. But I don't know, Oh, I would say,
just a straightforward attorney for lack of a better word.

Speaker 14 (21:07):
I don't I would. I mean I would be probably
one of your guys' website to find the attorney. So no,
I don't have one that I would recommend for her
for him to go to. Obviously, it's way of blood
above small claims courts.

Speaker 4 (21:20):
I'll ask Brad O'Brien. Yeah, it's way above. I'll ask
Brad O'Brien too, because I'm gonna have him on about
something else. Hey, David, make sure we have all your information.
You're gonna have to sue her. I mean, that's just
the bottom line. And when you bring that lawsuit, she's
gonna turn it over to or insurance. I mean, that's
why they're there.

Speaker 14 (21:40):
Well in one not to go ahead, Brian, if I.

Speaker 5 (21:44):
Could ask two questions, go ahead, ha and her insurance
will not turn over any any records. And I asked
the HOA if they could give notification as to who
asked the water is David?

Speaker 4 (21:56):
None of that. You're not gonna have to, don't. That's
why you hire an atturn. When they go through discovery
on this, they're gonna subpoena everybody ask them. And unless
they're all gonna lie under oath, which they have no
reason to do, they have no that they have no
dog in this hut. I mean, why would they lie.
Why would the plumber go, oh yeah, it was a
bursted pipe, or why would the HOA manager get up

(22:17):
there and say, oh no, she never told me that
this will all come out in discovery. They don't have
to give you anything until you force them to do
so in court and with.

Speaker 5 (22:28):
An intent to sue letter be worsewhile so that they
know that I'm serious and this isn't just going to
be dropped, of course.

Speaker 4 (22:35):
It is, but that's one of the things. Whoever writes
that letter you probably want to be the same attorney
that will move forward with it if needed. But yes,
absolutely that is. But a lot of people, you know,
I'm not gonna they're smart. A lot of people aren't
going to do anything until a lawsuit is filed. What
a good attorney might do for you is get it already,

(22:57):
send them a copy of it and say, if you
don't get your insurance company involved now and get dishandled,
we're filing it next week. Something like that might work.
But yes, a nasty Graham might work. But that's hard
to say.

Speaker 14 (23:13):
Hey, Mark, and I just wanted to throw out also,
and I feel terrible because obviously you're the victim in
this one. You didn't do anything wrong. But this is
a great example of why you've got to make sure
you have appropriate coverage on your condo policy, the interior
dwelling coverage that that he needs. In this case, it

(23:35):
costs nothing to matter.

Speaker 4 (23:37):
I mean, he's got asbestos, man.

Speaker 14 (23:41):
Well, and some of that wouldn't have been covered anyways,
to be honest with you, as far as some of
the othersbestos trut Yeah.

Speaker 4 (23:45):
But when she is the at fault, let's just take
them for his word again. When she's the ad fault
it caused this, her liability coverage would cover anything. Well,
depending on what her coverage limits are, a.

Speaker 14 (23:59):
Great her liability. But I'm just saying even I mean,
if he had one hundred and twenty one hundred and
fifty thousand whatever it is on his interior dwelling, it
would have made a difference of maybe fifty bucks a year.

Speaker 4 (24:09):
Yeah, I got you.

Speaker 14 (24:10):
I got to make sure you have the right coverage
on your own policy because living in a condo, it
thinks having to rely on other people.

Speaker 4 (24:18):
It's so important. What Brian just said is so important,
not just for a condo. All the people in the
Boulder fire, ninety five percent of them under insured. They
still have a mortgage payment, and their home is literally
a pile of ashes. Same with some of the folks
in California, in fact, almost all of them, and they
have you know, they have all kinds of other problems

(24:38):
as well. But you have to make sure you got
the proper coverage. The guy's a compass can do that
for you. Call up Brian and the gang right now.
I'll give you the phone number, but literally talk to
them about your house. They can pull it up, tell
you what the rebuild would be. Talk to them about
your liability coverage. Talk to them about your auto coverage.
If you own a business, for God's sake, talk to

(24:59):
him about workman's commp, garage keepers, and everything in between.
Compass Insurance three oh three nine nine six nine thousand,
three oh three nine ninety six nine thousand. I gotta
take a break. When we come back, we're gonna get
Brad O'Brien up. He's with OLS Law, and we're gonna
talk about Samantha's issue and the landlord ready, hold tight, Go.

Speaker 9 (25:25):
With a sure thing Denver's Best roofer Excel Roofing dot com.

Speaker 4 (25:29):
You don't pay a.

Speaker 13 (25:30):
Cent until you're contenth.

Speaker 9 (25:35):
Time for an insurance check up, free, no obligation comparison
call Compass Insurance. Pay too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one.

Speaker 4 (25:45):
Help.

Speaker 9 (25:45):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.

Speaker 4 (25:57):
All right, three oh three seven one three eight five
five three oh three, Martino, don't forget help a troubleshooter
dot com and protect yourself. Use the great people at
referral list dot com before you use people that are
gonna take your money and rip you off and do
the wrong things. Now, I'm gonna bring up Brad O'Brien. Uh, Brad,

(26:17):
I know Suzanne sent you over the lease, but this
one's hard to believe. Samantha goes out and signs the
lease on a tire store and her family's been in
the tire business forever, and her and her husband go
out and basically sign a lease, and right on the
lease it says they're gonna sell tires and wheels. And
they go to move in and get the equipment in,

(26:39):
and the city comes to them and says, Nope, nope, nope,
can't do it. It's not zoned for that. But we
could rezone it, but the owner's got to tell us
to rezone it. So she goes back to the broker
and goes, Hey, what hell's going on here? You know
what we were gonna do. We showed you where we
were gonna put the equipment. It's right there. We sell
tires and wheels, blah blah blah. And now the owner

(27:01):
says he won't rezone it, and too bad, we're not
going to let you out of the lease, the four
year lease either. I find it egregious. I don't see
how it could be possible that they don't let him
out of the lease or rezone it. But I wanted
you to eyeball it and give me your opinion.

Speaker 15 (27:19):
Well, I did look at the lease. Basically, it does
require that the use is only going to be a
tire shop for sales. And but this really doesn't talk.
This isn't really about the use. It's really about what
are the warranties of the of the property that the
that the landlord owes to the tenant. In commercial real estate,

(27:41):
the early aren't any warranties. Isn't a warranty in habitability.
There may be implied warranty fitness for a particular purpose,
but in this particular lease, it basically says it's as is.
The tenant takes it in its existing condition, subject to
the applicable zoning. So the tenant takes takes this property

(28:02):
with zoning, and the landlord doesn't have any warranty to
a tenant or even any covenant that this thing is
zoned properly for a tire shop. So I really think
that at tenant's in a tough spot here.

Speaker 4 (28:18):
This is crazy to me what you're saying. I mean,
here's what I hear.

Speaker 7 (28:22):
Now.

Speaker 4 (28:23):
I know there's a difference between commercial and residential, but
if someone sells me a house, it never got a CEO,
and it looks great, and it looks like a house,
feels like a house, has a bedroom in a kitchen
like a house, but doesn't have anything else, including a ceo,
to be used as a house in or does the
city allow people to sit there. You're saying, I could

(28:45):
literally represent something as a house even though it's not
a house technically, I guess, and sell it to some
poor sap that could never live there, and too bad
for them not having an attorney to look over it.

Speaker 6 (28:58):
Well.

Speaker 15 (29:00):
May't be able to make some a small argument about
some advertising that when this premises was listed for rent,
that it was okay to be used as a tire shop,
But that is not.

Speaker 8 (29:15):
As critical as the actual lease, which.

Speaker 15 (29:17):
Says that the zoning is especially the responsibility of the tenant.
Tennis and commercial tenants got to do their homework and
find out if the zoning is correct for.

Speaker 4 (29:27):
What they did it it is. I understand, I understand
one hundred percent what you're saying, Samanthey, you should have
hired an attorney. So we'll get that out of the way,
because that's true, and especially in commercial real estate big time.
I don't care who you are unless you're not an atturney.
Unless you are an attorney, you have someone like Brad
O'Brien look over it. You'd never be in this situation

(29:48):
now saying that and scolding you. I'll say this, you know, Brad,
thank god for you kind of guys. But she already
signed it. They want to hold her to a four
year lease. They want a bankrupt her. In my opinion,
the owner this property or whoever is leasing it to
her and won't either rezone it or won't let her
out of the lease as a complete ass. I wish

(30:10):
you know what. I might go after him. I might
explain to everybody out there, we have a landlord, and
I wonder if he's got a family, And what I
mean by that is, I wonder if someone did this
to one of his kids or somebody else, how he
would feel about it. I think I'd like to know
more information on this guy. I'll call you information Samantha. Here,

(30:31):
it's already in the lease. It's right there. Dmitri, call
over to this guy and Brad. I know these aren't
the tactics an attorney would take, but you know what
all he wants to do is run her and her
family into the ground. She rented it as a tire
store and she can't even run a tire store there.
I don't care what the law says. That's my opinion,

(30:54):
mister landlord. In my opinion, you're a jerk for not
letting them out. But you know what, before I continue
on there, Dmitre, reach out. Maybe I'm missing something, so
you know what, Yeah, I apologize to him right now
or her, you know what, because I'm jumping the gun
because I find it so hard to believe there's some
deadbeat landlord out there that wants to put someone in

(31:17):
bankruptcy because they refuse to rezone it and they won't
let him out of the least, that's all they're doing
by it. And Brad, please hang on for a second.

Speaker 9 (31:30):
Go with a sure thing. Denver's best roofer Excel roofing
dot Com you don't pay a cent until you're content.
Time for an insurance checkup free no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three O three seven
to seven to one.

Speaker 4 (31:50):
Help.

Speaker 9 (31:50):
You'll think you're his only customer when you choose Frank
durand the real estate man dot com to list your
home with Remax Alliance three three nine to zero sixteen
twenty to.

Speaker 4 (32:02):
All right three three seven one three A two five
five Samantha, let me, I want to finish up with
Brad O'Brien. Brad, I'm going to attack this problem in
a different way and figure out what's going on. But
if I read you right, there is an argument that
someone could bring, but chances are it's not going to
hold any water with the judge. Would you would if

(32:22):
you had to wrap this up with a nice little bow,
where would you leave this?

Speaker 7 (32:26):
Well?

Speaker 15 (32:27):
I think the landlord is going to have the stronger
argument that police itself says you take it according to
the current zoning. But the tenant has may have a
misrepresentation argument or even I fail to disclose the argument
well more, misrepresentation if the listing of this rental actually
said you can use it as a tire.

Speaker 4 (32:46):
Sholf, Samantha, how did the listing look when you found
this building? How did that work?

Speaker 10 (32:52):
I actually found it online first. When we did visit
on fite with the brokers, he did give us a
paper copy. It does just throw the building in the front.
It just says it's, you know, for retail.

Speaker 4 (33:05):
You let me see.

Speaker 10 (33:08):
I'm actually looking at it right now.

Speaker 4 (33:09):
Can you send that over to us, take a picture
of it? Absolutely, yeah, send that over to us. Let
me put you back on hold, so we're gonna look
at that. We'll get you a copy of that too, Brad,
and then maybe even off air you can give us
an idea. But it is so important, folks. Listen. If
you're building a new house with the builder, you call
Brad O'Brien. If you're getting ready to sign a commercial lease,

(33:30):
I don't care if you've signed him in the past,
you call Brad O'Brien. Anything real estate, whether it's commercial
or residential, you call Brad. You're absolutely crazy. We hear
cases like Samantha's day in and day out. Listen to this.
They're looking at a four year lease and I'm sure.
In fact, I'll ask her, Brad, but what are the

(33:50):
chances she didn't sign a personal guarantee? What do you
think two chances are.

Speaker 15 (33:57):
Depends, that's not all in every case, but the commercial
tenants sign the personal guarantee.

Speaker 4 (34:01):
It I bet she did. Samantha, did you sign personally
on this as well?

Speaker 11 (34:05):
Or no?

Speaker 10 (34:07):
You know, me and my husband both they got to
sign one in Yeah.

Speaker 4 (34:11):
So this is once again an opinion. Tomitre's gonna call
over and try to figure this out. But this is
totally an opinion of mine based on what Samantha has
told me. I don't know what they're trying to do, Brad,
besides force them into bankruptcy. I have no idea. If
they can't go in there, they won't rezone it, even
though the owner does have the ability to do so,

(34:32):
so she could do it. Maybe she even pays for
all those expenses. I don't know who cares, but he
doesn't even give her that option. What else could they
possibly be doing? They're going to force them into bankruptcy?
How much is it a month? Samantha and pin about
are you going to be able to not generate money
and pay that lease? Is that even a possibility. Think

(34:57):
about that, Brad, Like, really, what the endgame? If everything
she's telling us, what do you think the landlord's endgame
is besides you know, put hering into bankruptcy.

Speaker 15 (35:08):
Well, to sit back and require the rentedipid even if
it's not operated as a tire store.

Speaker 4 (35:14):
Yeah, I get it, man, I get it. And for
anybody out there, really, this is a perfect reason why
we call Brad is our expert. And I want to
emphasize this again. If you're building a house with Lenar
or KB Home or any new builder, a custom builder,
you have to call Brad. Those contracts are brutal. You
have almost zero rights. Don't get yourself into that. And

(35:35):
landlords out there, if you haven't updated your lease with
your tenants, you might not have a valid lease if
they're not paying. Call Brad seven two zero three seventy
seven three eight. My god, I can't read the last number.
Olslaw dot com. Ols law dot com.

Speaker 9 (35:59):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com.

Speaker 13 (36:02):
You don't pay a cent until you're content.

Speaker 9 (36:08):
Time for an insurance check up, free no obligation comparison
call Compass insurance paying too much your coverage at dozens
of insurance companies. Find out now three oh three, seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

Speaker 4 (36:36):
D News.

Speaker 1 (36:37):
You need a who you don't have? Run anxious fast
as we can show.

Speaker 3 (36:45):
Shooter's gonna help coming man.

Speaker 4 (36:48):
This is the Troubleshooter Show. No tol Martinez. Welcome my
friends to the only show of it's kind. We're here
to solve problems, answer questions, take complaints, try to make
your life a little bit better. We're also here to
educate and help you. Three zero three Martino, I got
three lines open. Would love to hear from you if
you've been ripped off. Also in studio with this by

(37:10):
the way, Brooke White, she's the owner of Red Rocks RS.
And talk about solar. It doesn't matter commercial projects, residential repairs.
You're not doing new residential systems right now because of
tax credits.

Speaker 16 (37:24):
Right yeah, yep, absolutely so.

Speaker 17 (37:27):
If you have a new residential deal going on right now,
I would make sure that installer guarantees you receive the
tax credit or not.

Speaker 16 (37:34):
They're financially responsible.

Speaker 4 (37:36):
Yeah. So once the tax credit thing is sorted out,
then you'll be doing new residential again and that won't
be too long. The problem is right now a lot
of people are promising, hey, you can still get the
tax credit, but if they don't get it finished and
turned on at a certain time, too bad. So sad
you don't get your tax credit. Yeah.

Speaker 16 (37:54):
Absolutely.

Speaker 17 (37:55):
In the industry, folks generally say, yeah, sign contract and
you get your tax credit. No, has to be fully
activated by the utility company before you can access it.

Speaker 4 (38:04):
Yeah, which is hard because a lot of times you
could be one hundred percent done with the system, but
the electric company, Excel or whoever doesn't sign off, they
don't do whatever the inspection, and they don't get it
onto the grid, and then it doesn't turn on and bam,
no tax credits. And I'm with you, it's not worth
the hassle right now. In fact, we're going to get
a lot of calls. I already know this with other

(38:24):
solar companies that promise the tax stuff, and sure enough
they're not going to get it, and it's going to
be a big issue. Yeah.

Speaker 17 (38:32):
Absolutely, And I would be worried too, because since this
is impacting residential installers, if they don't do any commercial,
what's their guarantee going to be good anyways? If the
company goes out of business, dextration not.

Speaker 4 (38:43):
In fact, that's one of the biggest things. And that's
why I'm so glad you help a lot of listeners
with warranty issues on other people's systems that have gone
out of business. Now, I know you can't warranty the
labor I'd be a horrible business model. You wouldn't be
in there. But if a panel or an inverter, if
something's under warranty from the manufacturer and you can get
the manufacturer to swap it out, you won't even charge

(39:05):
for that. Yeah. Absolutely, And then you can add to
an existing system. Now you can do any repair, residential
or commercial. Yeah.

Speaker 16 (39:14):
Absolutely.

Speaker 4 (39:14):
Is there anything you don't do when it comes to
the repair side, when it comes to is there any
kind of systems Like is there systems Brooke that are
so old you simply can't work on them? Or No.

Speaker 17 (39:24):
No, it's not that they're so old that you can't
work on them. It's just that as the inverter ages.
You just need to replace it. Otherwise your system's just
not going to produce as much as it could be.

Speaker 4 (39:34):
Do panels from twenty years ago, like say two thousand
and five compared to now and inverters do they just
generate a lot more power over the last twenty years.

Speaker 16 (39:46):
Inverters definitely do.

Speaker 17 (39:48):
But panels panel technology has pretty much been the same
since the sixty.

Speaker 4 (39:51):
Eight panels of panels of panel.

Speaker 17 (39:53):
Yeah, exactly, panels will last thirty forty fifty years, they
really will.

Speaker 4 (39:56):
They've gotten lighter, though, I assume.

Speaker 16 (39:58):
No, they're actually the same.

Speaker 17 (40:00):
Yeah, they're just black now, so they look a lot
nicer on a roof, okay, because they used to be
like the blue with the white lines, and so they're not,
you know, they're not very nice to look at.

Speaker 16 (40:09):
Yeah, that's the biggest change.

Speaker 4 (40:11):
How about adding a generator? Do you get a call
like that, someone's out in the woods, they got solar
they find out that I need a little more power sometimes.
Can you add a generator to a system?

Speaker 1 (40:21):
Yeah?

Speaker 17 (40:21):
Absolutely, And there's certain inverters that are designed to have
generators added to them.

Speaker 4 (40:26):
I didn't even think of the inverter part of that.
How about battery backups. Someone already has a system, you
can add a battery backup to it.

Speaker 1 (40:35):
You can.

Speaker 16 (40:36):
Yeah again, I just what caution that you.

Speaker 17 (40:41):
Are going with the right folks to get that done,
because that whole project has to be done in order
to get that thirty percent tax credit on the battery,
because that's going away as well.

Speaker 4 (40:49):
Yeah, but people, even with these tax credits going away,
people are still going to want battery backups. I mean,
big deal. They got to pay full price, they don't
get to tax credit. And I actually agree with that.
I don't like subsidizing other people's solar, don't. I just
don't like it at all. I don't like subsidizing a
lot of stuff. I don't like Colorado we give like
don't we give like free breakfast every kid now, I

(41:10):
don't care if it's Bill Gates kid, he gets free breakfast.
To me, that's stupid, Colorado, You're stupid. I have no
idea why we would anyhow. That's where I'm coming from
when it comes to solar in credits, I mean, get
I don't think Tesla should have credits. They won't soon,
But I don't think cars should have credits either. Electric cars.

(41:32):
I don't think my tax dollars should go to buy
dock an electric bike in Denver either. I just don't
think so. And once we get a reality picture of
what solar costs, then people will actually make a real
decision whether or not it's right for them. I mean,
wouldn't you agree with that?

Speaker 7 (41:48):
Yeah?

Speaker 17 (41:48):
Absolutely, I mean solar is definitely not going to be
right for most folks in Colorado. I think that if
you have Excel, you're still going to see some financial savings.
But most of the folks going forward now that are
residential for solar are doing it because of the environmental
factor or for some other reason.

Speaker 16 (42:03):
You're not going to have those financial savings.

Speaker 4 (42:05):
Now the finance once the tax credits are gone. But
the commercial part with the grants is really interesting because
you can still get almost the entire commercial system paid for.
We always talk about this, like if someone owns a
four plex or a duplex and they rent it out,
they got a commercial property. You can actually help them
with grants put up and tax credits with commercial still right,

(42:30):
they still have tax credits.

Speaker 16 (42:32):
Commercial still has tax credits.

Speaker 4 (42:33):
So think about this. You can build an electric system
your own. You're like the electric company for your tenants
and you charge them electricity. Think about that, and you
get the system paid for. So, in other words, the
systems free after the grants and tax credits, or maybe
it only costs you ten percent. What's the typical nowadays

(42:53):
on a good commercial project that fits in the right area.
Can you still get one hundred percent of it paid for?

Speaker 1 (43:00):
Yeah?

Speaker 16 (43:00):
Absolutely you can. That's not a problem at all.

Speaker 4 (43:02):
That's incredible to me. That's absolutely incredible. So what's the
biggest grant for commercial? Say I do have a four
plex and I want to go ahead and build a
nice array and become an electric company and collect the
money from my ten it's for electricity, and get the
system basically for free. I mean, like, what's the biggest grant?

Speaker 17 (43:22):
Yeah, so the biggest size grant is up to two
and a half million, and it's matching. So if the
project's five million, you can have half of it covered
by the grants, and then your tax benefits are anywhere
from sixty four percent of the project up to ninety
four percent of the project. So it really depends on
the region that we're installing on and the community that
it's benefiting. As to those tax benefits, but everybody's at

(43:45):
least starting off at one hundred and thirteen percent paid for.

Speaker 4 (43:48):
That's incredible. So you can get a system paid for
over over, you can make money on it. Yes, think
about that. With the tax credits, you literally make money
on the system. You get the whole thing paid for
and money in your pocket. That's insane.

Speaker 17 (44:00):
Yeah, and commercial tax credits are available immediately once there's
a five percent deposit and assigned contract, and then we
just have to get the system up and running within
ten years. So a lot of folks that I'm talking to,
they have contracts signed, they're getting their tax credits back now,
they're putting it into some sort of investment scenario, and
then we're going to start the.

Speaker 16 (44:20):
Install process in a couple of years and they can
sell the tax credits.

Speaker 4 (44:23):
Yeah. Let me ask you this, what's the biggest one
you've done commercial dollar wise? What's the biggest one you've
been a part of. One hundred million dollar or a
ten million? I mean, I have no idea, what is it?

Speaker 1 (44:33):
Yeah?

Speaker 17 (44:33):
I like to stick to five million, and there's different
tax benefits for that.

Speaker 4 (44:37):
What does five million get you? These days? What is
your electric company output if you will.

Speaker 16 (44:42):
Yeah, So it's a two megawat system.

Speaker 4 (44:45):
So on a how many highlands ranch homes could a
two megawatch system?

Speaker 9 (44:49):
Do?

Speaker 16 (44:50):
I mean Highlands rants use a lot of power versus
like Denver?

Speaker 10 (44:54):
Right?

Speaker 17 (44:54):
Yeah, Okay, So it depends on the region. But typically
what you're talking about is let's do.

Speaker 16 (44:59):
It per acre because that might be a little bit easier.

Speaker 18 (45:01):
So a per.

Speaker 16 (45:02):
Acre area for a solar field.

Speaker 4 (45:04):
I don't know what that means. So how many homes
are on an acre? I don't know what that. Oh
you're saying a two megawat one acre can do?

Speaker 1 (45:11):
What? Yeah?

Speaker 17 (45:12):
So with one acre it's a five hundred kilowatt system.

Speaker 16 (45:15):
So it's a one point two million dollar project.

Speaker 17 (45:17):
So the monthly revenue on that should range anywhere from
fifty thousand to one hundred thousand. Wait a minute, depending
on the utility company. What's at depending on the utility company?

Speaker 4 (45:28):
Yeah, depending on it. Like the one up in Cripple
Creek or in that area up. So is that a
two megawat?

Speaker 16 (45:36):
Yep, that one is.

Speaker 4 (45:37):
So what does two megawat bring in? The owner selling power?
So there's coele one hundred thousand a year or a month.

Speaker 17 (45:45):
Annually, they're going to be making about five hundred and
fifty thousands after everything.

Speaker 16 (45:50):
Cause they're giving the town a benefit.

Speaker 17 (45:53):
They're doing a fifty percent reduction on their electric bill
for the first ten years, and then at a year eleven,
it bumps up to an eighty percent discount for the town.
So then they're making closer to like a million per
year because it's also going to match.

Speaker 4 (46:07):
And they basically get it paid for.

Speaker 16 (46:09):
They're going to get all of it paid for.

Speaker 4 (46:11):
That's so, and people are going, how is that possible.
I'll tell you one of the caveats. You got to
have the money. In other words, how grants work is
you do the work, you get paid for it, then
you get the grant money as a reimbursement. And tax credits,
of course, are exactly that. I mean, they're as good
as gold, but you have to spend them with the irs.
You only place that money as any good is, with

(46:32):
the irs. So those are the caveats. But a lot
of people are lucky enough to be in a financial
position where they can put that money out up front,
get everything paid for, and sit back and make think
about that a half a million to a million dollars
a year depending on the electric company in town, because
basically you go in there and get those grants because

(46:53):
you're going to sell electricity less than what the electric
company does. That's the benefit to the who's giving you
the grant. Absolutely, So it saves their residents a lot
of money, it does, or their casinos in that or
anybody any business up there.

Speaker 16 (47:10):
Yeah, absolutely, it does one hundred percent.

Speaker 4 (47:11):
Yep, that's insane.

Speaker 16 (47:13):
And the grant that I'm talking about, it's a matching grant.

Speaker 4 (47:16):
But but hold on, hold on the two megawatt though,
I want to go back to this. Explain to me, like,
could two megawats run this building?

Speaker 1 (47:24):
Oh?

Speaker 4 (47:24):
Yeah, without even blinking? Could it run Park Meadows Mall?

Speaker 17 (47:31):
The biggest issue is where you're at in the winter
and if your heat sources gas are electric. When you're
asking me that, okay, so if we're doing one hundred
percent electric scenario, but no.

Speaker 4 (47:41):
One would have that generally, right, But I'm just kidding.
Most homes are going to have natural gas or propane
for heat and then the electric, of course, will be
the air conditioning. So in a scenario like that, I mean,
like how many homes I'm just trying to understand what
two megawats is. I just don't know. Take your average home, Okay,
an average home that doesn't have an electric bill creates

(48:04):
how much power? And then how many is that divided
into the two megawats? I think that's the answer I'm
looking for, Robert, real quick, Robert, I need to know
what's going on so I can think about it over break.
But what's going on with American Home Shield?

Speaker 6 (48:20):
Well, my furnace went out in April and they can't
seem to get it fixed.

Speaker 4 (48:29):
You mean they're not paying for it, or they keep
sending out somebody that just simply isn't fixing it right out?

Speaker 6 (48:36):
A contractor. Yeah, they keep sending out a contractor, and
the contractor keeps dragging their feet saying that they need
this part, they need that part, they need the other part.

Speaker 4 (48:46):
How many times has the contractor been out and has
it been the same guy, the same HVAT guy.

Speaker 6 (48:51):
It has each time?

Speaker 4 (48:53):
All? Right, Hold on a second, hold on. I don't
like American Home Shield. At least they're sending someone out.
What we're going to dig into that right after the
break and I'm still she's punching the numbers on that
megawat three three seven one three A two five five.
I'd love get those lines going right now, three oh
three Martino, you need help. Today's a great day. By

(49:14):
the way. Renew Home Innovations. These guys nicking the gang, uh,
just a great company. They can come in and into
a bathroom or kitchen. They can do virtually anything you want.
In fact, they've got shower remodels. Check this out that
they can do in less than a couple days. They
do custom showers and baths. They can come in and

(49:37):
do an entire bathroom, they can redesign the tub and
shower space. Well, listen to this. Twelve months, no payments,
no interest, and on top of that, they got discounts
for senior citizens, veterans, and active military. And like I said,
most cases, they can be in and out in a week.
Renew home Innovations dot com. Renew Home Innovations.

Speaker 9 (50:05):
Go with a sure thing Denver's best roofer Excel Roofing
dot com.

Speaker 13 (50:09):
You don't pay a cent until you're contenth.

Speaker 9 (50:14):
Time for an insurance checkup, free no obligation comparison call
compass insurance paying too much your coverage at dozens of
insurance companies find out now three all three seven to
seven to one.

Speaker 4 (50:25):
Help.

Speaker 9 (50:25):
You'll think you're his only customer when you choose Frank
durand the real estate man dot Com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.

Speaker 4 (50:37):
All right, three three seven one three A two five five.
You know American Home Shield warranty. And I'm going to
go back to our caller right now. But I was
just looking up all the class actions. Lawsuits allege breach
of contract, bad faith, denial of claims, deceptive practices, low
ball cash payouts, refusal to honor advertised coverage, delays and denials.

(51:03):
I mean, it's really crazy. Some of the lawsuits allege
that AHS AHS engages in deceptive practices, offering low ball
cash payments for repairs and just denying essential repairs. I mean,
it's kind of crazy. Just lawsuit after lawsuit after lawsuit

(51:27):
after lawsuit. It's just insane. But let's get back to
his problem, Robert. I'm trying to figure out if your
problems actually with American Home Shield or this contractor that
has come out numerous times and can't seems to get
it fixed.

Speaker 8 (51:42):
Yeah, I can't really determine which it is. I know
the contractor for sure is dropping the ball, but I'm
not sure how complicit AHS is with this.

Speaker 4 (51:56):
What is the actual problem with the unit?

Speaker 11 (52:00):
The unit?

Speaker 8 (52:01):
On April twenty second, they came out because the unit
had stopped working. The furnace is only seven years old,
but it stopped.

Speaker 19 (52:09):
It just stopped working.

Speaker 4 (52:11):
And what was the initial diagnostic or diagnosis of it.

Speaker 19 (52:15):
The initial diagnosis by McCormick the contractor, was that the
retoll board had burned out.

Speaker 4 (52:24):
So I assume they ordered a new control board, put
it in and that didn't fix it.

Speaker 19 (52:30):
Well. First of all, the technician while he was in
my home to hold a supplier in Fort College and said,
oh yeah, okay, I found the control board in Fort College,
you know, an hour away. I've got no big deal.
After a week, I'm not hearing from mcforming. I called

(52:50):
him and they dport me, Oh no, that wasn't the
correct board and we had to order the board and
we don't have a new thing.

Speaker 4 (53:01):
So where's it out now? Are we still waiting for
that first part? From April twenty second?

Speaker 19 (53:08):
So in June the control board game is got it?
He hastallved the control board, same technician. At that point,
he goes, oh wow, and he shows me so the
white plastic wiring harness and he says, all the wiring
harness is burned out.

Speaker 4 (53:28):
Yeah.

Speaker 19 (53:29):
Now, I'm thinking, when you diagnosed the ward.

Speaker 4 (53:33):
How did he How did he not see a burned
up harness? I have no idea, but who cares? So
did he get that ordered?

Speaker 19 (53:40):
So that's what we're still waiting.

Speaker 4 (53:42):
So well, that's ultimately that's probably gonna fix it. Wouldn't
you agree? In fact, I would say you probably didn't
even need the board the guy misdiagnosed it to begin with.

Speaker 19 (53:56):
Well, I will tell you.

Speaker 11 (53:57):
What I have found.

Speaker 19 (53:59):
I actually got so frustrated I paid to have two other.

Speaker 4 (54:04):
Hb You should have you should have called the listen, Robert,
you should have called his first. I would have had
plumb line or fix it. Someone go out there at
no cost and figure out what the hell was going on.
But it doesn't matter. So what did they find out?

Speaker 19 (54:18):
They told me that my lower motor is out. And
I did not tell before guard age as I did this,
but hey, McCormick, did it said to me that my
lower motor was out. But they can't replace it. I
feel they did the wiring harnage there the other two

(54:40):
companies I used both of the same.

Speaker 4 (54:43):
Hey, I do have hold on. I want to understand
that though, Robert. If the wiring harness is all melted
together and burned up, how do they know? Did they
just hotshot power to the blower motor and they don't
get anything, so they know the blower motor's gone to exactly? Okay,
I got it exactly.

Speaker 19 (55:02):
They were able to get the burners to kick on.

Speaker 4 (55:07):
Now, did you let this clown that misdiagnosed it or
miss stuff in the first place? Did you tell him
it needs a blower motor as well?

Speaker 19 (55:16):
I did not, but apparently he knew that it did
because he told the hold office.

Speaker 4 (55:23):
He told the Home office what it needs a blower motor, that.

Speaker 19 (55:27):
It needs a blower motor, because they informed me that
it he's a blower motor. It had already been approved
by AGS.

Speaker 4 (55:33):
I'd like to know what went first, just out of curiosity,
did any of the people tell you, like, did the
motherboard screw up which burned the wires, which sent too
much power and bake the motor? I mean, do you
know I find it hard to believe one went at
and the other, one at and the other. I think
it's all related.

Speaker 19 (55:53):
One guy felt that the blower motor. The first guy
felt that the blower motor.

Speaker 4 (55:57):
Took it off.

Speaker 11 (55:59):
I took it all.

Speaker 1 (56:01):
Yeah.

Speaker 19 (56:01):
They uncle told me that the board that they replaced,
they replaced it with a board which is not the
manufacturer's board.

Speaker 4 (56:13):
Yeah, but if it's working, I mean, who cares. I mean,
that's not a big deal.

Speaker 19 (56:17):
Okay, So we're waiting, well not we, I'm waiting for
this wiring party.

Speaker 4 (56:24):
So I'm like, wow, well you want us to do this,
here's one thing we can do. American home Shield, you
haven't paid a nickel yet. I mean what sucks is
you haven't had a working air conditioner or furnace since April, right,
So I get that part. But a home shield's doing.
What home shield should do is actually hire people that'll

(56:46):
figure it out in the first place. I don't mind
putting one of our deputies on to call over to
this company, not home Shield, but to the HVAC guy
and try to light a fire under him. But that's
up to you at this point.

Speaker 19 (57:01):
That that would be great. American Whole Shield the same
and they will refund my service being and that they
will try to escalate this, but they don't say they
have much. Uh uh, cloud with this.

Speaker 4 (57:19):
Cloud with clout, My god, man, did you hear everything
I read about him? These guys get sued daily.

Speaker 18 (57:26):
Hey, Mark, I think this should go to Jefpanty Bow.
You know he's HVAC guy.

Speaker 4 (57:31):
Yeah, good, good one, just a thought. Yeah, he's Bo's
pretty damn aggressive too. Bo gets stuff done. Hold on, man, Kelly,
get all his information. Let's get this to Deputy Bow
and then Bo, I'm sure you're listening, call over to
whoever the HVAC or the HVAC company is and figure

(57:52):
out when the wiring harness is going to come in
and make sure they know and comprehend. It needs a
blower too, because because Roberts had two other companies out
there to diagnose it. I mean, really, let's just light
a fire that the guy hasn't had a working freaking furnace,
which of course is what the AC uses to blow

(58:12):
air throughout most homes since April. That's incredible. Since April,
this guy hasn't been able to fix it. Three oh
three seven one three A two five five Terry, I
couldn't get to you quick enough, but I'd love to
hear your comment on Samantha's real estate issue. She signed
a four year lease with a landlord that, according to her,

(58:37):
knew they were going to be running a tire shop
out of there, and she can't and the landlord refuses
to rezone it so she can run it out, and
basically the landlord, in my opinion's just making her go
into bankruptcy. I mean, I don't see any other way
of it. It's like, Okay, I'll sit around until I
forcea that whole family into bankruptcy because I refuse to

(58:59):
rezone it, even if it was Samantha's cost. Why wouldn't
you rezone it? Why you want to runner into bankruptcy?
I can't think of any other reason, And I'd love
to hear from people that can.

Speaker 9 (59:15):
Go with a sure thing. Denver's Best Roofer Excel roofing
dot com. You don't pay a cent until you're content
time for an insurance checkup free no obligation. In comparison,
call Compass insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
to seven to one help. You'll think you're his only

(59:36):
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two.

Speaker 4 (59:48):
All right, three oh three seven one three A two
five five we got lines open three zero three. Martino,
you've been ripped off for taking advantage of Now it's
time to get right through. I wanted to go back
to brook. I was askering to make wade system. What
would that power was over like four hundred homes?

Speaker 16 (01:00:04):
Yep, four hundred and eighty seven homes.

Speaker 4 (01:00:06):
That's a lot of power.

Speaker 18 (01:00:07):
Yes, it is.

Speaker 4 (01:00:08):
And those kind of systems people if they have enough
money to wait for the grant money to come in,
can literally get for free when it's all said and done.

Speaker 16 (01:00:15):
Yeah, absolutely, And then they're just thinking that income.

Speaker 4 (01:00:18):
And they're making that income, and that could be a
solar array in fields. Can you do a commercial system
on top of a building, like if you have a
big commercial building, no problem.

Speaker 17 (01:00:28):
Yeah, absolutely, no problem. Usually if it's a flat roof,
we do a ballast system so that way we're not
causing any roof leaks or any issues like that.

Speaker 4 (01:00:36):
Is a ballast system.

Speaker 16 (01:00:38):
Yeah, it's just held down by weight.

Speaker 4 (01:00:40):
Got it. So you don't drill them into.

Speaker 16 (01:00:42):
The absolutely not. That would be a.

Speaker 4 (01:00:44):
Horrible mistake, especially with those that foam kind of thing
you walk on on a lot of those commercial buildings.
We had someone on YouTube said he had he bought
a twelve thousand dollars solar system from you, Tony, and
his electric bill went from three fifty to four hundred
a month down to eleven dollars. So I took that,

(01:01:05):
and I took the savings, and I took the average.
Instead of three fifty or four hundred, I took three
seventy five, and I divided that into twelve thousand what
he paid for it. So in thirty two months, which
is a lot better than what I thought it was
going to be. Thirty two months, less than three years,
he's riding free. I mean, that's crazy. A lot of

(01:01:25):
times that doesn't happen anymore. Did his have tax credits?
And how much of his twelve thousand that he was
out of pocket? How much were tax credits for him?

Speaker 17 (01:01:37):
So he was a normal residential project, so he is
eligible for thirty percent.

Speaker 4 (01:01:43):
So thirty percent, that's all. So if we had thirty
percent onto twelve, that system was probably sixteen thousand dollars probably, Yeah,
so right around sixteen thousand. So if we take that now,
and I'm doing it as we talk, sixteen thousand divided
by three seventy five, then it would have taken loops

(01:02:05):
divided by I hate doing math. I hate math, stupid math.
Three seventy five equals forty two months. So I mean,
you're you know, you're coming up on four years, but
you're still riding free without tax credits at the end
of four years. So even if there's not tax credits

(01:02:26):
for him, it seems to make sense if I could
be guaranteed or pretty much assured I would get rid
of my electric bill in four years after paying off
the system in full without any tax credits. I think
that would be great. I mean, I don't see a
problem with that. How long does the solar system generally, Well,

(01:02:47):
how about just a warranty period on everything? How long?

Speaker 16 (01:02:51):
Yeah, we do a thirty year parts in labor warranty, so.

Speaker 4 (01:02:53):
There's no cost for thirty years on repairs.

Speaker 1 (01:02:56):
Yeah.

Speaker 17 (01:02:57):
The only time you would is, let's say squirrels are
of God damaged it.

Speaker 16 (01:03:01):
Yeah, Well, but usually homeowners insurance will cover that.

Speaker 4 (01:03:04):
Yeah, I get that, so, but still that's not a
bad deal if you can pay it off in four years.
Is Tony the exception to this? Is it because he
doesn't use a lot of power and he's got the
exact right electric company. What's the deal?

Speaker 1 (01:03:18):
Yeah?

Speaker 18 (01:03:18):
No, I think.

Speaker 17 (01:03:19):
I mean Tony uses a lot of power. Absolutely, I
mean a four hundred dollars electric bill. I don't know
most folks that have that.

Speaker 4 (01:03:27):
And Shanta just said something really smart. I mean, I
can't remember the last time our electric company, who do
we have, Suzanne, It's.

Speaker 18 (01:03:34):
Called Mountain View Electric Association.

Speaker 4 (01:03:36):
Yeah, I don't remember them ever going to the PUC
and asking the lower prices. I've never heard of that.
So pricing will go up. So I mean, really, if
you can off, if you can offset over ninety percent
of your electrical needs, I don't know why even without
tax credits people wouldn't get solder.

Speaker 16 (01:03:54):
Just if you are like Excel and Black Hills, you're
still going to have benefits if you are not in
the air about the one we had, absolutely not.

Speaker 4 (01:04:02):
So it doesn't even if I had a good house
for solar, didn't have the trees and all that blocking
the sun. It would still there's no way you would
want to sell me solar.

Speaker 16 (01:04:11):
Here's the difference.

Speaker 17 (01:04:13):
So the connection fee is we can't get rid of that.

Speaker 16 (01:04:16):
That's you being tied to the grid.

Speaker 17 (01:04:18):
So when your case, you are really high connection fee,
it's like a thirty five to forty bucks a month,
and then they charge you about seven cents per kilowod hour.

Speaker 16 (01:04:28):
And that's the part that I can replace is your usage.

Speaker 17 (01:04:30):
Okay, Now, in Tony's case, he has eleven dollars connection
fee and they're charging him seventeen cents per kilowod hour,
so two and a half times what you're charged with
a lower connection fee. So that's where I can help
because I'm getting rid of that usage part, that big
part of his bill, got it, whereas with you guys,
you don't.

Speaker 16 (01:04:50):
I can't do that.

Speaker 4 (01:04:51):
Yeah, and there's certain things. If you can't build a
big enough system, it still wouldn't matter. I mean, because
we have a we have a large RV that it's
on two fifty amps plugged in. We have multiple teslas
that are plugged in all the time. We have a
hot tub that's plugged in all the time. That's fifty am.
We have a steamer in our shower, that's a thirty am.

(01:05:11):
We have of course the regular washer, dryer, and stoves
and microwaves and everything else. I mean, you could never offset.
I don't think you could build a system that would
offset ours on a roof at least.

Speaker 1 (01:05:23):
Yeah.

Speaker 17 (01:05:23):
It always depends on what everybody's using and what they're
looking for.

Speaker 4 (01:05:26):
Both people with electric cars, I mean, are they able
to like literally charge their cars off the solar or no. Yeah,
you can.

Speaker 17 (01:05:34):
Definitely set it up that way if you want to,
because you can connect into that to make that happen.

Speaker 16 (01:05:39):
Yeah, And like.

Speaker 17 (01:05:41):
You said, it's all about how much space that we
have in what space we can use.

Speaker 16 (01:05:46):
So if it's a.

Speaker 17 (01:05:47):
Ground mount and we have an expert almost anything, yep.
If it's a rooftop, then it's obviously going to dependent
on that roof space.

Speaker 4 (01:05:53):
Got it all right, folks, Line's open three oh three
seven one three two five five. When we come back,
I'm going to talk to Dmitri about an insurance one
we had. This one was crazy. She paid for a
year in advance. It was not State Farm who was
at Dmitri. It was American family American family. She paid

(01:06:14):
the broker one year in advance for the whole year.
Six weeks later, a hailstorm comes through us a commercial building.
She puts the claiman and American family.

Speaker 1 (01:06:26):
Who was it?

Speaker 4 (01:06:26):
American Family Insurance. American Family goes, well, you don't have
any insurance with us. We think about that. You paid
for a year on your credit card. It's on your
credit card.

Speaker 20 (01:06:39):
So the receipts. So not only I see a transaction receipt.
She emailed me a screenshot of her account at the
credit card account and there it is, there's a line item.

Speaker 4 (01:06:49):
For imagine that you pay for a full year. Six
weeks later, you have a claim because of a hailstorm.
You call the insurance company to come out and look
at the roof, and they say, yep, you got hail damage.
But ultimately it turns out you don't have any insurance.
What the hell happened? All he's got one out of two. Yeah,

(01:07:10):
we're gonna find out.

Speaker 9 (01:07:16):
Go with a sure thing Denver's Best Roofer Excel Roofing
dot com.

Speaker 13 (01:07:20):
You don't pay a cent until you're content.

Speaker 9 (01:07:25):
Time for an insurance check up, free no obligation comparison
call Compass insurance paying too much your coverage at dozens
of insurance companies.

Speaker 13 (01:07:33):
Find out now three oh three seven to seven to one.

Speaker 4 (01:07:35):
Help.

Speaker 9 (01:07:36):
You'll think you're his only customer when you choose Frank
durand the real estate man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.

Speaker 4 (01:07:48):
All right, three oh three seven one three eight two
five five. Let's do this real quick. Uh, Diana's got
an issue attacks as we have a lot of accounts
on referral list. But I will to go back to Dimitri.
What is going on with this to recap real quick?
Why don't you recap it? She called up? Yeah, Mark.

Speaker 20 (01:08:06):
A couple of weeks ago, a lady named Thuck called
us because she bought American Family insurance for her commercial building.

Speaker 4 (01:08:12):
And she bought it from the pillar of the Vietnamese community.

Speaker 20 (01:08:18):
Yeah, that sounds kind of like the description because she
likes to work within the Vietnamese community to support her
you know countrymen. But of court case, she paid a
little over three thousand bucks. A hailstorm came and she
made acclaim with the American Family.

Speaker 4 (01:08:32):
And this is six weeks after she purchased a policy
and paid in full for a year.

Speaker 20 (01:08:36):
Yeah, and American Family says, well, no, you don't have
a policy with this incredible. Now, the exact mechanics of
that are kind of like above my level of understanding,
but there's still some there's still some disagreement about whether
or not she really was insured. I think Brian Burns
from Compas kind of provided some insights into that. But
in any case, so I spoke with fuck last week,

(01:08:58):
hook last week, and she's supposed to call us today
to call in today for the with an update for us. However,
what she did tell me was a couple of things
that were pretty interesting.

Speaker 4 (01:09:08):
I bet he was. I bet the pillar of the
community was hammering her after I went off on him.

Speaker 20 (01:09:13):
It sounds like it, because shortly after that call, she
actually got a call from an American Family claims department, thank god,
and they said, Hey, we're going to send somebody out
to take a look at your roof.

Speaker 4 (01:09:23):
Now now wait a minute, now they're talking about sending
somebody out to look at it.

Speaker 20 (01:09:28):
Yeah, but that's different from accepting liability.

Speaker 4 (01:09:31):
Right if they didn't have a policy in place and
could care less about her because of whatever, Why would
they send an adjuster out? Well, I don't know. I
don't know either.

Speaker 20 (01:09:42):
When that appointment, when she makes that appointment with somebody
from American Family, she's going to call and invite me
to come and join them for this meeting, so we'll
be able to get you some first hand infromation you're going,
and I'll be absolutely I can't wait.

Speaker 4 (01:09:55):
Not only that, I think maybe you should show up
with Matt with pair of God.

Speaker 20 (01:10:00):
Oh, that's pretty cool, show up with her public adjust
own public adjuster, right, so.

Speaker 4 (01:10:06):
You know I can get Mad to do that. I mean,
depending on time, I bet we can.

Speaker 20 (01:10:10):
Yeah, you know what I'd like to do first is
to see if American Family actually accepts responsibility for the HAILDWN.

Speaker 4 (01:10:16):
What do you think if they don't, Oh, I don't know. Well,
I know we already went to the insurance board on
her behalf. Yeah, she hasn't heard, so she did file
a comput I bet they, I bet they called over.
This is one You can't pretend to have insurance. You
can't take someone's money for six weeks and make them
think they have insurance. Then all of a sudden they

(01:10:37):
put a claim in and you say well, really, here's
a refund. You don't have any insurance. That does sound
like an awkward business policy, but it sounds like a
great business model if you want to steal from people, right,
So we don't really, I don't know what act you
imagine that? Really? Can you imagine an insurance company that
takes all the premiums up front and when you put

(01:10:59):
a claim in or whatever, you simply give them a
full refund at that point and you never cover anything. Oh,
what a great day's think about that? All you would
do is sit around and play with actually actual areas.
In other words, how many people a year on a
commercial policy actually have a claim? Thirty percent? So you'll
make seventy percent of the premiums and only pay out

(01:11:22):
thirty percent. But those people, all you're doing is paying
out the money they gave you. It's not over the amount,
you're just refunding the premium.

Speaker 20 (01:11:30):
Yeah, so you know, depending on how this meeting turns out,
that might be a business I'm going to explore getting into.

Speaker 4 (01:11:35):
I thought you were going to become a thy recall, Suzanne,
what's he going.

Speaker 18 (01:11:38):
To be a gentleman farmer?

Speaker 1 (01:11:41):
Yes?

Speaker 4 (01:11:41):
You people listening, don't realize and Brook brook White with
Redrocksars dot com. You don't realize you are in the
midst of a future gentleman farmer. Right here, here's your
chance to bask in my presence, Brook basking his glory. Now,
do you know what a genman farmer is? No, I

(01:12:02):
have no say a fake farmer. That's not a fake
a fake farmer. All it means is it's a rich
guy that buys a farm and generally does nothing. He's
not gonna be swinging hose, He's not gonna be planning anything.
He's gonna be just owning a farm. That and a
lot more coming up. Three oh three seven one three

(01:12:22):
A two five five Diana, you'll be first three oh
three Martino, Help Troubleshooter dot com, holl Tight.

Speaker 9 (01:12:32):
Go with a sure Thing Denver's Best Roofer Excel Roofing
dot com. You don't pay a cent until you're contenth
time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies. Find out now three oh three seven
seven to one Help. You'll think you're his only customer

(01:12:54):
when you choose Frank durand the real estate man dot
com to list your home with Remax Alliance three oh
three nine to zero sixteen twenty two, Ripped.

Speaker 1 (01:13:08):
Up news so you don't have running as as again.

Speaker 21 (01:13:22):
This is the Troubleshooter show that is here now, Tom Martine,
welcome my friends to the.

Speaker 1 (01:13:28):
Only show of us. Kid.

Speaker 4 (01:13:30):
We are here to help you, We're here to educate you.
We've got a list of experts at referral lists dot com,
really good people. We're talking some great updates too. I
really liked what Dimitri was saying about that insurance. When
you realize there's one hundred thousand dollars in damage, you're
going to add one hundred grand to our three hundred million.

(01:13:50):
Think of that in the coffer. And then you also
called over on that other one. You called over to
the landlord. I want to recap that real quick. But
let's do this. Let's take Diana's tax issue first. And
you did talk to the You left the message for
the owner.

Speaker 20 (01:14:07):
Yes, I left a message for Sam Ledger from Ledsuer
Properties Group.

Speaker 4 (01:14:13):
And this poor lady she rented a four years, She
signed a four year lease. Oh, I read it on
a commercial property. Yeah, and they sell tires and wheels.
The problem is tis it's not zoned for tires and wheels,
and they won't let her out of the lease. And
literally on the lease in one part it says tires
and wheels, but in another part it basically says as

(01:14:34):
is it is what it is.

Speaker 20 (01:14:37):
Yeah, you know the part that really stuck out to
mean that lease is the force mazure clause.

Speaker 1 (01:14:41):
Yeah.

Speaker 20 (01:14:41):
I read that and it said that performance is excused
because of government regulations.

Speaker 4 (01:14:46):
So I thought that's her out.

Speaker 20 (01:14:48):
But as I kept reading the force masure clause, it
said that under no circumstances does the exercise of force
mazure relieve the tenet of responsibility to pay the rent anyway,
it's crazy man.

Speaker 4 (01:14:59):
Yeah, and she can't pay the rent without running the business.
That basically the landlord, in my opinion, just wants to
put her and her family into bankruptcy. See no other day,
I see no other out. I think she's been paying
rent since last August. I wouldn't pay another nickel if
I was her and they're not moving. I wouldn't unless
the landlord decides to actually grow a heart like the
tin man.

Speaker 2 (01:15:19):
And Mark did you see the advertisement on the brochure?

Speaker 4 (01:15:23):
She has no where is it?

Speaker 1 (01:15:24):
Oh?

Speaker 16 (01:15:24):
Yeah, let me email it to you.

Speaker 4 (01:15:25):
All right, let me go to Diana. Diana, what's going
on with taxes? But yeah, I definitely want to see that. Diana.

Speaker 12 (01:15:32):
Hi, I'm good.

Speaker 4 (01:15:36):
How are you very well? Thank you?

Speaker 11 (01:15:38):
Good? Well.

Speaker 12 (01:15:40):
I called a company that I've actually used for a
couple of years to do my taxes, and apparently they
never filed for an extension. So now I'm getting penalties
for that. I'm not getting any calls or text back
from them, and I just found out they never filed
for my state taxes?

Speaker 4 (01:15:58):
Is a is it a federal I'm sorry? Is it
a Who are you dealing with? Is it like a
H and R block or are you dealing with an
actual accountant? Who is it?

Speaker 22 (01:16:08):
It was?

Speaker 12 (01:16:09):
Yeah, it was an accountant.

Speaker 4 (01:16:12):
Well they should have. There was an omissions insurance. What
are they saying? Are they saying? I mean, what's their excuse?

Speaker 12 (01:16:19):
There is no excuse. Nobody's calling me back.

Speaker 4 (01:16:21):
Are they still in business?

Speaker 11 (01:16:25):
Yeah?

Speaker 12 (01:16:25):
I mean, like I said, he filed for my federal taxes,
but he filed late and never I'm sorry, he submitted
my federal taxes but then never filed for an extension, you.

Speaker 4 (01:16:38):
Know, I want to get Eric Rhino meron. I'm curious
on what accountants have to have for insurance and what
happens when they are the problem. I mean, they're professionals
that you go to because most people aren't going to
file their own taxes at a certain level. I mean, really,
if you pay a lot of taxes, you're going to
hire somebody. So when you put your faith into a

(01:17:00):
professional that files your taxes and they simply drop the ball,
I am curious if they have airs and omissions coverage
that would step up and pay penalties, pay interest. I
want to find that out. But more importantly, right now,
where does it sit? Did you find another accountant? I mean,
if they're not getting back to you and they didn't

(01:17:22):
file the state, I mean, where is everything?

Speaker 12 (01:17:25):
Well, I no, I haven't gotten to another accountant. I
haven't done anything.

Speaker 4 (01:17:29):
And they probably have all your originals, all your information
for the year.

Speaker 12 (01:17:34):
Well I still have the originals. I basically would just
write everything down, send picture to them and then they
would kind of go from there.

Speaker 4 (01:17:43):
All right, Hold on a second, Eric Rhinimeir, I've got
a question for you man. We all trust our accountants.
I trust you, I trust other accountants. I use that's
just kind of why you go to that person or
that firm. You trust them, you think they have your
best interest. What happens when an accountant literally drops the

(01:18:05):
ball and files something late, doesn't file an extension, doesn't
do something like that. I mean, what what happens? Do
you guys have errors and omission insurance? Would it? Would
it pay for mistakes like that if there's penalties involved.
What what happens when an accountant just sucks and drops
the ball?

Speaker 23 (01:18:26):
Well, there's two situations there. What is, yes, every accountant
firm does have aerrors and omission insurance, but that's usually
she does something really stupid, like you say something incorrect
and the ayers comes back an audit the client. Then
and we we had somebody who knew with another client
where they're their old CPA had their insurance company had

(01:18:49):
to comp up three hundred thousand dollars for a half
a million dollar mistake that the accountant made. But it's
a different situation if the accountant is simply late in
filing and there's a penalty. I know that what we
would do is if it was our fault, we would
probably absorb the penalty if we just blew it that
we would take responsibility for the penalty.

Speaker 4 (01:19:08):
Well, let me, let's let's ask Diane. I'm going to
have a recap real quick. But Diana, you got all
the information into your accountant prior to April fifteenth, right, correct,
and they were supposed to file. So take it from there.
Explain to Eric what did and didn't.

Speaker 12 (01:19:24):
Happen basically, So, yeah, April ninth, I sent in all
my totals. I hadn't heard anything. By April twenty third,
I sent another text asking if he had finished, and
sent a link the link for me to pay. At

(01:19:44):
that point, he just text back and said he was
hoping for more expenses to write off. So we kind
of went through, and I guess at that point I
figured he was he had filed for an extension since
he was still, you know, wanting more information. By May thirtieth,

(01:20:07):
I texted him again, did you finish my textes yet?
Hadn't heard anything. June ninth, I again text Then he
asked if I was ready to finish up.

Speaker 4 (01:20:21):
And that's basically where it's at now. But now you
can't get in touch with him again.

Speaker 12 (01:20:26):
Correct, Well, by June ninth, I paid Federal and then
there was a bunch of kind of back and forth
from there. He needed a ten ninety five as that
I sent that in. Then the IRS took an additional
money out of my bank and at that point I

(01:20:49):
pretty much haven't heard from him. I have texted him.

Speaker 15 (01:20:51):
Over and over.

Speaker 12 (01:20:52):
I called, you know, why are you ignoring me?

Speaker 4 (01:20:56):
He's just eric. What do you make of it? Just
from what you heard? This is saint going to be
an insurance claim?

Speaker 12 (01:21:02):
Well?

Speaker 23 (01:21:03):
Yeah, I mean what kind of dollars? When you say
the IRIS took money out, are they garnishing your account?
Did you get an IRIS letters say you had a
balanced touit that the return has been filed or I
didn't understand that part.

Speaker 12 (01:21:15):
No, nothing garnished. I just I paid the initial amount
and then because I sent him the ten ninety five
A form, apparently there was more revision and then now
I only owe a lesser amounts. But they still took
both of them out of my account.

Speaker 4 (01:21:37):
So wait a minute, they double dipped. You're saying, yes, hey, they.

Speaker 23 (01:21:44):
Took the first payment out, and now it sounds like
he might need to file an amendment because you've got
an additional benefit from the ten ninety five, which might
trigger a refund if it indeed reduced your liability.

Speaker 11 (01:21:56):
That sounds like what'sould happen?

Speaker 12 (01:21:59):
Yes, so I am getting a refund. But they are
taking out the penalties for what was the failure to
file failure to pay in a timely manner?

Speaker 4 (01:22:10):
Who's take Wait? Wait wait, who's taking Oh you're saying
they're taking them out of your bank account?

Speaker 12 (01:22:17):
The the interest in the failure to pay? That is, Yeah,
they're the I R S.

Speaker 4 (01:22:23):
Is I don't understand something, Eric, how come she keeps
saying they're they're they're initiating the payments. I mean, is
there people that just like sign off the I R
S can go in and snag money from your bank
account at any time?

Speaker 7 (01:22:38):
Yes?

Speaker 23 (01:22:40):
Did you tell the IRS just take the payment out directly?
Because that does happen sometimes?

Speaker 11 (01:22:46):
Did you request that?

Speaker 12 (01:22:48):
No, my initial payment I paid with a credit card,
and I.

Speaker 23 (01:22:54):
Don't know why they would take another payment out. Usually
you might you could check a boxing, please take whatever
RYO out of my account?

Speaker 4 (01:23:02):
Could he have authored? Could the accountant or she have
authorized that on her behalf?

Speaker 23 (01:23:08):
Not with AUTI client's permission. That sounds a little bit weird.

Speaker 12 (01:23:12):
They and they did do it without my permission because
one of my texts is, you know, hey, IRIS just
took more money out of my bank account.

Speaker 8 (01:23:20):
And I said how much?

Speaker 14 (01:23:21):
Right that?

Speaker 23 (01:23:23):
What kind of a dollar amount are we talking about?

Speaker 12 (01:23:26):
From my bank account?

Speaker 22 (01:23:28):
Yeah?

Speaker 19 (01:23:29):
That was.

Speaker 11 (01:23:31):
How much?

Speaker 12 (01:23:33):
Seven fifty seven?

Speaker 4 (01:23:34):
How much have they taken out from the bank account
in total?

Speaker 1 (01:23:39):
Seven?

Speaker 4 (01:23:40):
That's it. It's still weird Eric that the accountant, it
sounds like, authorize him to go in or made the
payment on her behalf without her consent.

Speaker 11 (01:23:50):
Yeah, that that is not to bother.

Speaker 23 (01:23:52):
I'm not supposed to happen, So that's weird. But going
back for a minute to the penalties you're getting. If
if the accountant say all to properly file the extension,
then that's triggering the failure to file pintly penalty, which
I would say they should be responsible for. If there's
a late payment, paying late, there might be some interest

(01:24:14):
with probably you would be responsible for if you were
late by a couple of months, you might know a
couple of months of interest. But the failure to file
the extension would trigger a monthly like one or two
percent of the balance, which I would think the accounting
firm should take responsibility for it because he just messed
up with that.

Speaker 4 (01:24:33):
But they're not even communicating with her. You know what
I'd like to do, Why don't we have a deputy Scott,
Deputy Dollar try to reach out to this guy on
your behalf and say, hey, you should be you know,
paying some of these penalties. Would you like us to
kind of dive in there, Diana, Absolutely, I wouldn't mind
doing that at all. I'm going to give Eric's information

(01:24:55):
out too. I mean, you need to switch to somebody
that gives a crap. I mean, like honestly, someone that
does it. He's with Atlas Firms. I'm going to put
you on hold for a second, Eric, because I want
to talk to you about something else. But Atlasfirms dot
com Atlasfirms dot com. Diana, But if you would like
give your information to Kelly and she can give you

(01:25:16):
their phone number. Actually I got it right here. Three
oh three seven nine nine nine one one one. I
love that. Three oh three seven nine nine nine one one.
That's Atlas Firms. Ask for Eric Reinomere. But you need
to find someone good and then let's get this over
to Deputy Dollar to get the information on this accountant

(01:25:37):
that apparently, according to at least our expert, UH should
be stepping up to the plate. Let's do that, so uh,
hold on, Diana, you like that, you like everything we
got cooking?

Speaker 7 (01:25:48):
Yeah?

Speaker 4 (01:25:49):
I do think you're very welcome. Hold on three oh
three and then Eric, if you can hold on, I
appreciate it. If not, I dig three o three seven
one three eight two five five three oh three Martino,
three lines open, hold tight.

Speaker 9 (01:26:08):
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Speaker 13 (01:26:13):
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Of it.

Speaker 9 (01:26:17):
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Speaker 4 (01:27:01):
It's three oh three seven one three eight two five
five three zero three Martino. You've been ripped off and
need some help. We got lines open now, I'd love
to hear from you. Three zero three Martino. What other
updates do we got, Deputy d Mark. That's it for now.

Speaker 20 (01:27:20):
You know, we're still working on a really terrible problem
with AutoNation and I just can't get This is from
a couple of weeks ago. A lady called in because
she bought a car there about I want to say
two years ago, used car new, a used car which
they sold new, and they provided a corner man they
sold new. No, no, they I'm sorry, I misspoke. She
bought a used car. They along with the car, they

(01:27:43):
provided a fax car Fax. Oh and earlier this year
the car was stolen and subsequently mechanically.

Speaker 4 (01:27:51):
Totaled out by the thieves.

Speaker 20 (01:27:52):
Okay, so she made an insurance claim and with all State,
and All State denied the claim because they said that
the car had been previously totaled out.

Speaker 4 (01:28:03):
So they sold her a salvage car. Well that's the allegation, now,
do you well? Wow, yeah, Now, well what does Carfax
actually say on this?

Speaker 20 (01:28:13):
The Carfax doesn't mention anything about a total car even now.
Uh no, I only got a copy of the one
from the time of sale.

Speaker 4 (01:28:20):
So when she got it, but then when she put
in the claim after it got stolen, the insurance company
is literally saying it had already been total.

Speaker 20 (01:28:30):
Yes, Amy sent me a copy of the denial letter
and they said, before you even bought this car, it
had been totaled by a different insurance company. Now they
made that statement without having provided any evidence. Now, the
automation's paperwork does not have a disclosure about a totaled car.

Speaker 4 (01:28:47):
But how are we sure it was totaled? Oh yeah,
that's what we're working on right now. So I wonder
what the carfax would show on it.

Speaker 19 (01:28:55):
Now.

Speaker 4 (01:28:56):
Yeah, I don't have the means. I am too, I
have no means of running car facts because if they
sold it to her and it was already totaled, they
have to disclose it. Yeah, she has to sign some Absolutely.
I read through all the paperwork. There was no disclosure. Okay,
so you read through. Definitely no disclosure. Definitely no, no
total disclosure. See that's crazy, because what could have happened

(01:29:16):
was it got into a bad accident, it was total,
somebody fixed it up real quick, and by the time
it actually got onto the Car Facts, they already sold
it to her right, And that's not an excuse. Though,
that's not an excuse.

Speaker 20 (01:29:31):
That does not Yeah, that doesn't get AutoNation out of
the out of the gym.

Speaker 4 (01:29:34):
I don't think it does. Now.

Speaker 20 (01:29:36):
The problem is that this car has been sitting at
All Donation since April, and so Amy and her husband
have no.

Speaker 4 (01:29:42):
No car to drive. It's apparently it's their only vehicle.
Well that's not going to be all p yeah.

Speaker 20 (01:29:48):
So and she's still making payments on it. Yeah, and
she has been making payments on it.

Speaker 4 (01:29:53):
So we're waiting.

Speaker 20 (01:29:54):
So Amy is waiting for her insurance company to provide
her with some proof that the car was actually total you.

Speaker 4 (01:30:00):
Know, yeah, I'm sure they will. Do you have the
vin of the car? Yeah? I have the entire sales point.
We should run it. We should just run the ven
who consumes run a car fax?

Speaker 18 (01:30:14):
I think we have to have Kevin Kulkin do it.

Speaker 4 (01:30:17):
I don't know who's got an account that could run it.
Does I've heard him run car faxes for us before.
Let's send it to him and see if he could
run it. Okay, I'll do that right now. Yeah, Well,
hold on, I wanted to ask you about the other one.
Which one the lady that signed that four year lease.
Oh yeah, we never got We never got around to.
I know you left a message with the owner of

(01:30:38):
the property. Yeah, I did too, I made sign four
year lease. I'm saying this for people just joined with
LED your Property group. Yeah, with Led your Property to
expand her business into a bigger facility. It's a commercial property,
is it in Denver? This is in Commerce City.

Speaker 20 (01:30:55):
So she currently has a tire shop on Federal and Denver,
and she wants to open a second one in Commerce.

Speaker 4 (01:31:00):
So she signs a lease for four years to open
a new one. She goes down there, she meets with
the broker and they're talking, we're the different tire equipment.
And on the lease itself it says what Dmitri When
it comes to the description of what they're going to
be doing, Oh, you know, a sale of Tyron wheels.

Speaker 1 (01:31:18):
You know what?

Speaker 20 (01:31:19):
Yeah, it's thirty four pages mark it says sale of
Tyron wheels.

Speaker 4 (01:31:23):
So all of a sudden, she goes to move in
and Commerce City says, nope, nope, nope, nope. Er put
on the brakes because you're not zoned for that. And
she's like, what that's the only reason I rented it.
So she goes ultimately to the broker, who goes to
the owner and they can rezone it. But they don't

(01:31:44):
want to rezone it. It's kind of weird they I mean,
I'd like to hear their reason from well, that's what
I was hoping. So they they say, we're not going
to rezone it according to the caller, So basically to me,
they're just trying to bankrupt her and she'll she'll pay
the cost of the rezoning. Correct, Well, I think she
would have to pay the car rezoning absolutely.

Speaker 2 (01:32:01):
So Mark, did you see the advertisement I sent you
guys a little bit ago.

Speaker 4 (01:32:06):
Channel Tree?

Speaker 18 (01:32:07):
Is it's in your email as well? I think it's
pretty clear.

Speaker 4 (01:32:12):
I mean I don't see it.

Speaker 2 (01:32:15):
It's it should be in your inbox unless it went
into trash.

Speaker 18 (01:32:18):
But it does say I sent you the front of
the brochure and then.

Speaker 2 (01:32:24):
Inside with more details I know, but basically it says
for office retail or warehouse or industrial.

Speaker 4 (01:32:33):
Office retail or industrial, and then there's I mean, it
doesn't say it's for a tire store. Well, isn't that retail?
It's definitely retail. Trust me, it's definitely retail, and then
this other part of it property overview. I just I
can't reach outdoor.

Speaker 2 (01:32:51):
It says property highlights, outdoor storage. Contact broker about that
high visibility and traffic count signage of vail secure fence
loot boy.

Speaker 18 (01:33:03):
That in itself would make me think you could have
cars there?

Speaker 4 (01:33:07):
So what how did it come out when you? Did
you actually talk to the broker?

Speaker 19 (01:33:11):
D No?

Speaker 20 (01:33:12):
So I left a message for Sam Ledger of a
Ledger Property Group. He hasn't called me back yet. But
then I also called Merger Property Management. They're the property
management for Ledger Property Group's property. And I spoke with
a lady over there who's not authorized to comment on
this matter. In fact, she's not even aware of this matter.

(01:33:33):
So you are of oh yeah, big time. And I
did ask her, or I ask somebody who can call
us in whether it's on my private cell line or
on the studio line a three or three Martino, to
comment on this matter, to maybe present their side of
the story, correct any deficiencies or emissions in our reporting.

(01:33:53):
And I also asked her to think about maybe providing
some suggested solutions for Samantha at King's Tires.

Speaker 4 (01:33:59):
It is so important to have an attorney look at
leas's especially commercial. No any lease, I don't care what
it is. You know. We had a call one time.
This one's nuts.

Speaker 1 (01:34:09):
Man.

Speaker 4 (01:34:11):
They bought a house. I think it was up in
Gilpen County. It's like all by itself, like I don't
remember how much property was involved, but there's nothing else around.
And it's a beautiful house. We saw the pictures of
it newly completed. I don't know if anybody lived there.
Gorgeous house up in the mountains, like on the side
of a cliff, basically with a driveway made out of

(01:34:34):
you know, just rock. Okay, nice mountain house. Looked like
a beautiful It wasn't really a cab and it was
a house, but it was pretty small, maybe twelve hundred
square feet. So they bought it. Then they found out
they couldn't live there. And when we started looking at
the contract what they didn't use an attorney, they just
bought it was like one hundred and fifty two hundred thousand.

(01:34:55):
It's like five six years ago. It looked like a house,
smelled like a house, you could sleep in it, like
a house, had electricity, like a house had a propane tank,
like a house, had a driveway like a house, never
got a CEO, was never built according to county specs.
Like someone went up there and built this house. It

(01:35:16):
was their property, just on the side of a mountain,
and did nothing correctly, never got a COO okay, and
then sold it. But when they sold it, literally in
the contract, and I'm going to go back in fact,
Deputy Dan might still have that contract. It literally said
in the contract buried somewhere in the fifty pages of documents,

(01:35:39):
when I said at the beginning, this isn't verbatim, but
I'm paraphrasing. It may look like a house, but it's
not a house. What is it. Well, it's a house,
but you can't get a CEO and you can't live there.
And that was that. The contract basically did say somewhere
in there, it looks like a house, feels like a house.

(01:36:01):
You can go in it like a house, but you're
not allowed to live there. It wasn't built to any
kind of county specs, and nothing was done properly. It'd
be like if you and I had acreage somewhere and
we just hired Mark a Genesis to come out and
build something to our specs and then we sold it
as a house, never getting a CEO, never letting the

(01:36:23):
county know anybody, limits, no permits, nothing, And that's what happened.
And they bought it, but they acknowledged when they bought
it in the contract that they weren't buying a house.
They literally signed and initial the page that said I
realized this isn't a house. And they got screwed because
no one looks at that. You everybody in this room

(01:36:45):
spend a closing brooke with Red Rocks RS Solar. You
own a house, yep. Did you read the eight thousand
documents from the lender.

Speaker 16 (01:36:54):
No, they just kept being like, sign this, sign this.

Speaker 4 (01:36:57):
Initial here, sign here, And that's what this guy did.
But he should have had an attorney look over it.
Brad O'Brien would have told him, you're not buying a house.
You can't live there. In fact, it's worse than that.
You might have to tear it down now that you
own it because the county doesn't want it there.

Speaker 16 (01:37:13):
Well, did he do like a home inspection because you.

Speaker 4 (01:37:16):
Didn't do crap. No, he thought he was getting the
best deal in the world on a new house. One
hundred and fifty grand for a beautiful mountain house in
Guilpen County. I'm almost sure it was Gilpin and that
that's where that turned out. Now, when does the contract
say something egregious? I'll give you an example. We call
it the luniclaus. Do you know what the luniclause is?
We're going to bring up the lunic clause, the Luas clause.

(01:37:39):
I'm going to tell everybody what it is after this
if you don't know what it is. But we had
a contractor, I think it was a landscaper and was
it a landscaper? You know what? Yeah, I can find
Do you have the Luna clause? No, but Deputy Dan
emailed the teens. I'm going to find him. I'm going
to read the lun clause in this contractor's contract. It

(01:37:59):
is the craziest clause in the world. I've never seen
anything like it, and it would never hold water in
front of any court. That's egregious. But when you build
a house, sell a house and put in there it's
not a house, is that egregious? I don't know if
the guy ever went to courto not if you've properly
disclosed it in writing, and yeah, he disclosed it, and

(01:38:21):
it's somewhere buried in the fifty pages they closing. The
guy basically bought Here's where he bought. He bought wood,
he bought shingles, he bought flooring, he bought a furnace,
he bought a propane tank. All in the shape of
a house. All in the shape of a house. That's
exactly what he bought. Three oh three seven one three talk.

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Speaker 4 (01:39:22):
All right, three oh three seven one three eight two
five five. We got lines open love to hear from you.
We were talking about the lunic clause and egregious clauses
in contracts. We were talking about someone that bought a
pile of sticks and uh, basically everything that makes up
a house. And it did make up a house, but
what they bought wasn't a house, and you know that

(01:39:44):
was an egregious But the Lunar clause was a contractor
and Suzanne's trying to find it for me. I lose
it every time Deputy Dan sends it to me. I
have anoyed. Oh you found it. Read the lunic clause
at the bottom, Suzanne. So first of all, what kind
of contract was it? What was the guy having done?

Speaker 2 (01:40:02):
This is right, it was Luna Landscaping and Construction.

Speaker 4 (01:40:07):
So the guy's last name is Luna, and that's why
we call it the Luna claus So this guy entered
in to work for him for what What is the
description of the work Luna was going to do?

Speaker 2 (01:40:20):
Uh, let's see here the contract will provide the service
is detailed uh in the invoice provided to the client.
The invoice clearly specifies the amount and feet that will
be made of work. After reading the invoice and signing
the contract, Luna does not accept any responsibility for extra work.

Speaker 18 (01:40:40):
Not explained in the invoice. That's what it says here.

Speaker 2 (01:40:43):
So yeah, that's what it says with the address. It's
a service contract, is what this is.

Speaker 4 (01:40:49):
Does it say what he's going to do? Does or
the contract does it say, like build a retaining wall,
plant side, plant flowers, put a tree in.

Speaker 2 (01:40:57):
Has initial deposit? But it does not. It says it's
on the invoice, okay, which we don't have.

Speaker 4 (01:41:04):
We just have the contract there, right, So I forget
what the guy was having done. I thought he was
building him a retaining wall, and the retaining wall was
going to be made out of stone or brick. And
what happened was the guy called up and on the invoice,
which we don't have right there, it literally did say
stone or brick or whatever it is. I mean, this

(01:41:26):
is years ago, right, And he was bitching to Luna
when it was done. He was like, you didn't use
the materials you said you would use, and you didn't
do this, and you didn't do that. So Luna points
to the contract that Suzanne has to the clause at
the bottom that we now refer to and always will

(01:41:48):
as a Luna clause. Please read it verbatim because the
grammar is maybe better than mine, but outside of me,
it's not fairy good.

Speaker 2 (01:41:57):
So it requires a deposit baba. But and then at
the under the signature is says, please note this contract
can be terminated at any given time by Luna or
management if there are any alterations that are considered unacceptable
such as discrimination, any type of verbal or physical abuse
towards the owner's managers or workers of Luna, or if

(01:42:20):
the client change his mind without prior notice, and if
he or she refused the material Luna use at the
time of breaking the contract, that deposit the client given
will be lost in his entire If client, homeowner or
Luna decides to break contract, the percent of money deposit

(01:42:40):
given to Luna will not be returned, no exceptions.

Speaker 18 (01:42:44):
And then it ends with thank you for your preferences.

Speaker 4 (01:42:47):
I love I love that. Read the last sentence where
read who can break to contract and what happens if
they do?

Speaker 18 (01:42:56):
Bring client slash, homeowner or Luna.

Speaker 4 (01:42:59):
So if the client breaks the contract yeah, or the
homeowner or Luna yourself.

Speaker 2 (01:43:06):
Decides to break contract, the percent of money deposit given
to Luna will not be returned, no exceptions.

Speaker 18 (01:43:13):
Thank you for your preferences.

Speaker 4 (01:43:15):
Thank you for your preferences. That's just the icing on
the cake. But think about this. You sign a contract
with someone to build a garage and they come out
and they're supposed to build it out of metal. It's
a steel building and they make it out of straw,
and you complain, you pull out the Luna clause. Oh

(01:43:36):
you're complaining about the materials. Too bad, I'm keeping all
your money, thank you, thank you. Or you give them
a great deal of money upfront to do something like
they did Luna, and Luna doesn't show up because Luna
is going to invoke his own clause named after him
and break the contract. And what happens when Luna break

(01:43:58):
contract to.

Speaker 2 (01:44:00):
Money deposit given to Luna will not be returned, no exceptions.

Speaker 18 (01:44:04):
Thank you for your preferences.

Speaker 4 (01:44:06):
God, well, I think now what's worse. What's worse Luna?
And I'll say, right now, Luna or the poor bastard
inside the Luna clause and agree to it. But there's
not a judge in the world. Here's my point on this.
This is how egregious. This is egregious. This would be

(01:44:28):
tossed out. You can't have a contract and in small
print put U. And if someone's not happy for any
reason about anything, including the temperature in Florida today, that
I get to keep all your down payment. It's egregious.
Nor can you put I get their kids as slaves,
or there's certain things you simply they're egregious. A judge

(01:44:51):
a jury hears them and goes, well, that's the dumbest
thing I ever heard. You can't do that.

Speaker 20 (01:44:57):
Well, but Mark, you know the your slavery example would
be would would be against public policy, so that obviously
wouldn't be enforceable. But the rest of the terms sound
reasonable to me. In other words, there's not Yeah, the
Luna Claus, it doesn't sound you would get in.

Speaker 4 (01:45:13):
Front of the judge and try to argue that you Luna.

Speaker 20 (01:45:16):
But both parties agreed that if the contract is canceled,
the Luna keep money, then that's what they agreed to.

Speaker 4 (01:45:24):
And doesn't matter. And listen, doesn't matter. What was your
example of the first one. Let's come around public interest.
Public If some banker sneaks in, some loan officer sneaks
in that if you're one day late on your mortgage payment,
I get your house and Brooke like me, that doesn't

(01:45:47):
look at the one hundred thousand things you're signing. You
think a judge would say, yep, she was one day late.
This guy now owns your house because he agreed to it.
He agreed to it, of course, to you, now, this
is not a number one. Okay, Now I'm asking you seriously.

(01:46:08):
You really think because someone sneaks something in in small
print or even large print into a document that is
a thousand pages or one page, Well, but Mark, I
think the difference between what you just I got a
whole line, I got a break I want to get
I want a legal mind on this.

Speaker 9 (01:46:29):
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Speaker 13 (01:46:33):
You don't pay a cent until you're content.

Speaker 9 (01:46:38):
Time for an insurance checkup, free, no obligation comparison call
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Speaker 1 (01:47:04):
Ripped up news. Who you don't have, come running just
as fast as we can.

Speaker 3 (01:47:15):
Shooter's gonna help.

Speaker 1 (01:47:17):
Come.

Speaker 21 (01:47:19):
This is the Troubleshooter Show. No, Tom Martine, all.

Speaker 4 (01:47:28):
Right, three O three seven one three A two five five.
Welcome to the show. We're having a great conversation of course,
behind the scenes, which you can always join in on.
You can watch it later on too. Go to YouTube
dot com type in Troubleshooter Network. We were talking about
the Luna clause. I do have some lines open three
O three seven one three A two five five. Cody,
We're gonna help you that. Help you out with that.

(01:47:49):
But I wanted a legal mind up, and we all
agree in this room that John Fuller's got a great
legal mind. He actually, of course specializes in personal injury,
but just law in general. John, we were talking about
egregious contracts or clauses in one. I want you, just
to the best of your ability, to tell me if

(01:48:11):
the following happened and someone agreed to the clause that
Suzanne is going to read to you in a real contract.
This was a real deal that came in through the show.
But basically the guy was getting some landscaping worked one
at his house and he signed an agreement with Luna Landscaping,
and it turned out horrible. On the actual invoice, which

(01:48:36):
I don't remember exactly what was on it. We have
the contract right here, but on the invoice, the contract
points to the invoice for the work to be performed.
I'm pretty sure it was a retaining wall that was
supposed to be made out of brickerstone and they ended
up making it out of something else. And then there
was other issues with performance. The caller had a big

(01:48:58):
problem with the final p in fact, before there even
was a final product. And when he went to Luna,
that's the guy's last name. Luna pointed to the Luna
clause at the very bottom of the contract, and Suzanne's
going to read you the Luna clause verbatim.

Speaker 18 (01:49:18):
Okay, so hicha hi John.

Speaker 2 (01:49:20):
It says, Please note this contract can be terminated at
any given time by Luna or management if there are
any altercations that are considered unacceptable, such as in parentheses, discrimination,
any type of verbal or physical abuse towards owners, managers,

(01:49:41):
or workers of Luna in parentheses, or if the client
changed his mind without prior notice, and if he or
she refused the material Luna use at the time of
breaking the contract that to plot deposit the client given
will be lost in his entire If client slash homeowner

(01:50:02):
or Luna decides to break contract, the percent of money
deposit given to Luna will not be returned, no exceptions.
Thank you for your preferences.

Speaker 4 (01:50:12):
Read that last sentence again. Who can break the contract?

Speaker 2 (01:50:15):
In what happens client slash homeowner or Luna decides to
break contract, the percent of money deposit given to Luna
will not be returned, no exceptions.

Speaker 18 (01:50:27):
Thank you for your preferences.

Speaker 4 (01:50:29):
So, John, here's the question, and I'm being dead serious
on this. So Luna comes up to you says, I'm
going to do the side in retaining wall and do
all this stuff. I need fifty percent down. You hand
them five thousand dollars whatever fifty percent is, and you
sign the contract. Then Luna looks at you and says, Luna,

(01:50:50):
now cancel contract. Thank you for patience or whatever it says,
thank you for your preferences, and takes your money. So
you're going, what hell just happened? You take them to
court and Luna points out the Luna clause to the judge.
I think it's egregious. There's not a judge in the world,
let alone a jury. If you could even bring a
jury in a case like that, and I'm sure you

(01:51:11):
could unless if Luna put in there no court either.
No matter what, to me, it's egregious and you can't
uphold that contract or that clause in a contract. I
am very curious on your thoughts because Dmitri is making
the argument that yes, you could, absolutely because you signed it,
initialed it, whatever. Those are the terms you agreed to.

Speaker 20 (01:51:34):
So too bad, So sad well, Mark, let me present
the side, my side of the argument, because yours has
been extrapolated to the ridiculous extreme. That guy takes a check,
immediately cancels the contract and keeps a check.

Speaker 4 (01:51:48):
It doesn't matter or what really happened though. On the
invoice it says it's gonna be brick and he builds
it out of stone or something whatever it was I
don't remember. Okay. The guy was like, it's it's not
even supposed to be that, and Luna goes, well, right here,
it says, Luna pick material, you know, like material, too bad,
Luna keep money, right. I think that's enforceable too.

Speaker 20 (01:52:11):
But the way I presented this scenario was like this,
they signed the contract, the check changes hands. Sometime down
the road, weeks, months or days later, they have some
kind of disagreement perhaps about the material, and then Luna
decides to cancel the contract and Luna keep money. And
I said, I think that's I think that's reasonable and

(01:52:33):
enforceable because Luna can make the argument that that deposit
money that Luna is keeping is to compensate Luna for.

Speaker 4 (01:52:40):
Coming out and doing that. Now, Rozo the site visit,
maybe order in there to go to the judge in
a second. But you just did what you were accusing
me of. You wrapped it up in a pretty boat like, Oh,
it's just this one little part. That's not what it is.
It's an entire clause that basically makes zero sense to
most people. You can't have two people and agree if

(01:53:01):
you're selling me a car and I have the lunic
clause at the end, and I take possession of the title,
and then then I go, oh, you know what, I'm
pulling out the Luna clause. I'm going to keep your
money and I'm going to keep the car. That's what
the Lunar clause says. Yes, it does.

Speaker 20 (01:53:16):
However, what I said was that I think it's enforceable
if lun can show John's made some John work.

Speaker 4 (01:53:23):
John explained to Dimitri how he's wrong, and I'm right,
go ahead, John.

Speaker 7 (01:53:28):
I feel like, juste judy up here, thank you, judge
John position on this, Oh, don't ask. Here is the
here's the deal. You know, adult parties are free to
contract anyway they like, and the law presumes that both

(01:53:48):
parties are you know, are entering these arrangements as arms
link transactions with equal ability to negotiate and decide upon
what terms you'll live by, and so absent some sort
of fraud or you know, misrepresentation, the starting place of
most courts is going to be to try to enforce
the language as written in the contract.

Speaker 4 (01:54:11):
Now.

Speaker 7 (01:54:11):
I also feel like if this guy did pull off
one of the examples that Mark pulled off and said,
you know, ten minutes after the check cleared that, oh,
you looked at me wrong and I think you were
being racial and we're going to back out of it
and keep your money, I think the court would be,
you know, would be hard pressed to enforce that under

(01:54:32):
those circumstances, and you wouldn't allow this guy to get
a windfall. But I think the starting place is don't
sign something stupid like that.

Speaker 4 (01:54:40):
I agree and we actually point all of we pointed that.

Speaker 7 (01:54:43):
Out companies and every other type of company out there
that tries to put these ridiculous things in these contracts
when they you know, I think of roofing companies more
than anybody because they're storm chasers, and they run around
and they stick this piece of paper in people's in
people's is saying, you know, the free roof inspection obligates
you and appoints me and all this craft to go

(01:55:06):
deal with the insurance companies. You know, those are terrible
forms that nobody should ever sign, but people do every
single day.

Speaker 4 (01:55:14):
So in this case, so and this part is true.
It points the entire agreement, points to the estimate for
the description of work. It says that in this contract
we just read the closet yet, so it says the
description of work is on this estimate. The description of work,
which I can't find right now, was to build a

(01:55:36):
brick or stone wall. Luna built it out of something else.
He did not build it.

Speaker 7 (01:55:42):
I think if Luna breaches this contract by a material substitution.

Speaker 4 (01:55:47):
Even though the lunar clause says he can do.

Speaker 7 (01:55:49):
That, I think the cord is going to be really hard.
Pressed to enforce the lunar clause or whatever you're referring
to it as I think that becomes a breach on Luna.
And I don't know that the law is going to
allow breach by Luna to result in a windfall by Luna.
That I think is a step too far.

Speaker 4 (01:56:08):
I think it's a step too far too So if
we recap real quick, here's what I heard from Judge John.
I heard Dimitri has no clue what's going on, and
Mark was one hundred percent right, Mark, I disagree.

Speaker 20 (01:56:21):
I think John supports my position in this matter because
he said that he he said, your ridiculous example, the
guy takes a check, cancels a contract and leaves.

Speaker 7 (01:56:33):
I said, hey, listen, I said the starting places that
contracts between consenting people that are arm fling transactions are
generally going to be inforced. So if you sign something
dumb like that your starting places, I am going to.

Speaker 4 (01:56:47):
Lose you hotel battle.

Speaker 7 (01:56:49):
But John, think way that there are circumstances where you
can where a court would not enforce that due to
ambiguity or the lack of you know, the clarity and
whatever the scope of work was and stuff. I mean,
there's still a lot of which you watching. You know,
language in there that can that can justify letting a

(01:57:09):
judge sort it out. No judge likes to see a
windfall come on somebody that's playing dirty. So you know,
your chance of prevailing is probably pretty good, but the
starting place is not great. So read what the heck
you're being asked to sign?

Speaker 22 (01:57:23):
And John, I think the question is if you have
a clause that doesn't directly relate to the content of
the contracts, that is that enforceable. In other if you
sign a you know, let's take this landscaping contract, but
then you put a clause in it says you're also
going to sell me your car for ten dollars.

Speaker 4 (01:57:44):
It goes to the same thing. John said, though, if
it's two adults signing into it, you're starting from the
point where, yeah, you both agree to it. You know,
when you get in front of a judge, a judge
aren't going to do that.

Speaker 7 (01:57:57):
It's like waiver laws. You know, you could have some
money sign a waiver that would give a pass on
any behavior whatsoever, and the law will never enforce that.
And generally, the way the law looks at it is
the more important the service is, and the more necessary
the service is, and the lack of negotiating power that

(01:58:17):
you have, the less likely that waiver is going to
be enforced. Okay, so the same kind of logic should
help you know, really guide you on this. This is
not a mandatory product. It's not something that you have
to have. There's a million other landscape companies out there
that you could choose to contract with. But knowing all
of that, and despite this ridiculously worded contract that no,

(01:58:40):
you know, nobody beyond the third grade education would have
drafted it that way, you still signed a damn thing.
So you know, you've got to take some ownership and
the fact that some adult agreed to that term and
then now seeks to say I don't like it because
it's being applied not in my favor.

Speaker 4 (01:58:59):
So be careful what you Let's pull this over to
your realm personal injury. I'm sure you have read through
insurance contracts beyond anybody. So I mean, do we have
you ever found clauses or things in an insurance contract
that maybe have changed over the years, are no longer
there that the State of Colorado says, we don't care

(01:59:19):
what you put in there. You know that's not going
to help the insurance company getting out of pain.

Speaker 7 (01:59:25):
Well, i'll tell you the rule.

Speaker 6 (01:59:26):
Mark.

Speaker 7 (01:59:27):
We see stuff in insurance contracts all the time that
is subject to different interpretations. And you know, it's hard
to write one contract, one policy that encompasses every possible
scenario that could come up. And yet that's what they're
tasked in doing. And the challenge comes up that once
we get John's crazy case that doesn't fit nicely into it,

(01:59:49):
We read the policy and say, we think it says
this and this should be a covered claim or a
cover loss, and the insurance company says, no, that's not
a cover loss under that circumstance, ambiguity goes against the drafter.
So if the insurance company is the one that drafted
the policy and stuff, and there's truly an ambiguity about

(02:00:09):
the interpretation of that particular clause, the courts are going
to rule in favor of the consumer and not in
favor of the party that drafted that clause. So that
same rule could likely apply in this scenario as well.
That just you know, this company is drafted this crazy
stuff at about a third grade level, and clearly you

(02:00:32):
know it's nobody's going to really allow a just flat
windfall to take place if the party is playing you
dirty pool. But by the same token, you live and
die by what you agree to, so be careful.

Speaker 4 (02:00:45):
Yeah, I mean, that's it. Have someone look at it.
I mean, it seems silly you would have to look
at a landscaping contract. But that's I remember criticizing the
guy going, I don't know what's dumber, the lunar clause
or the fact you signed it. I mean, it's kind
of crazy exactly.

Speaker 7 (02:01:01):
But I couldn't agree more.

Speaker 4 (02:01:03):
But I still told him and I would love to,
you know, get him back on for an update on that.
But I would love to know if he did bring
him to court. And for the only thing I'm talking
about now, we've thrown out a million different scenarios where
the Luna clause is the Luna clause, but it had
to do with literally the materials and and basically Luna

(02:01:23):
said it says right there, even though it says it
on here, it says I can choose whatever materials.

Speaker 7 (02:01:30):
Yeah, well I would sue Luna, yes, and we would
let a judge figure that out. I mean, there's no
circumstance where I would take Luna saying, look at my contract,
I win, go away and let that be the end
of it. But you know, I'm maybe a little bit
you would sue him, so I might.

Speaker 4 (02:01:48):
I know that I might sue him right now with
no standing, just to assume Luna, just to get this
damn Luna clause in front of a judge, to prove
Dmitri wrong yet again.

Speaker 7 (02:01:58):
I would not take that, you know, laying down and
just accepted it would have to get litigated before I
would accept that.

Speaker 4 (02:02:04):
So, Hey, John Fuller, I appreciate anybody out there. Honestly,
he's one of the best personal injury attorneys.

Speaker 19 (02:02:10):
I know.

Speaker 4 (02:02:11):
I've talked about it so many times. Susanna and I
have used him twice. Both times he got us every
penny of insurance he had fault driver head And once again,
the big thing that differentiates him from a lot of
the attorneys is one you'll deal with John, but he's
like a quarterback. He's going to walk you through the
entire case. He even went out and negotiated all the

(02:02:32):
bills at the end with the ambulance company and the
hospital and you know, for the cost of the MRI
and the X rays and then the chiropractor, and he
whittled all those bills down a massive amount, and that
put all that money into our pocket. It was incredible
both times. John Fuller Fuller Law. You can go to
Call Fuller dot com. Call Fuller dot com or three

(02:02:53):
oh three five nine seven forty five hundred. Everybody hold tight, Cody,
you're up next. I promise, Thank you, John.

Speaker 9 (02:03:04):
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(02:03:26):
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all three nine two zero sixteen twenty two.

Speaker 4 (02:03:37):
All right three O three seven one three A two
five five. We've had a very lively conversation on an
off air don't forget Join us at YouTube dot com.
Type in Troubleshooter network. You can watch show later. We've
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(02:04:44):
Now I'm going to hop right to the phone, Cody.
What is going on with you? Cody? Cody? See if
we can get Cody back up and tell them. I'll
hop right to them. I feel bad for having them
hold so long. But Cody, we can help you with
that ticket. Most likely, Deputy Bow, what is going on

(02:05:05):
with you? You were going to call up American Home
Shield and call up the contractor that came out. I
forget the guy's name, but he Robert. I think Robert
called in and said, hey, I have American Home Shield.
I have a problem with my seven year old furnace.
They sent a technician out in aprils like April twenty second.

(02:05:25):
Bottom line is the furnace still isn't working because whoever
they sent out apparently couldn't find parts, misdiagnosed it. Well,
the bottom line is it's been three four months and
he still can't use his AC or furnace. So, Deputy Bow,
who did you call? What did you find out? Now?

(02:05:45):
I'm getting a complex when I can't get to Deputy
Bow and I have him up. Am I missing something
on these phones?

Speaker 3 (02:05:52):
Everything's up the way it's supposed to be.

Speaker 4 (02:05:54):
Yeah, I don't know what happened to Deputy Bow. I'm
dying for that update now, though, Do you remember that call?
I would love to know what he found out on
that that that we absolutely will you know we were
having a great spirited discussion here now seriously on the
lunar claus and other things. I wanted to pick your
brain on something. D What do you think I already know?

(02:06:16):
So it's hard to it's hard just knowing you because
I already know where you sit politically. But would you
ever give socialism a chance? It seemed to have failed everywhere?
And I'm going back to this guy running for mayor
in New York. He wants to defund the police, he
wants free bus fare for all. He wants to lock
in rent so they never go up, and then the

(02:06:38):
public yeah, which is crazy. In fact, there was another
state that did city run grocery stores and they're getting
rid of them. They found out a couple things. First
of all, they lose money. They lose millions of dollars
a year because and they're subsidized by the taxpayers, and
they still lose money. There's subsidize subsidized by the taxpayers,

(02:07:02):
and they still lose money. But the other interesting part,
I think it was in Ohio, I forget where it was,
But the other interesting part was crime is rampid around
the stores in and around the sport and around. But
let's take the crime at well, how do you take
the crime out? When he wants to defund the police,

(02:07:23):
what is the new one? Denver did it? Instead of
having cops show up for certain things, we have like
social workers, public social workers show up to talk about
your infraction of the law. Are you willing to quit
stealing from Walmart or no? I mean, think how stupid
that is. Yeah, it's preposterous.

Speaker 20 (02:07:43):
I mean that's not grounded in reality, logic or anything else.

Speaker 4 (02:07:47):
Why do you think people vote for him? Who are
these people? They got him to where he is now?
In fact, a lot of the Democrats I assume we're
getting behind him. Yeah.

Speaker 20 (02:07:55):
Well, I think anytime that you can run from a
position of where you're going to give everybody somebody else's
stuff and somebody else's money.

Speaker 4 (02:08:02):
Because you're dealing with people, the people voting for you
have nothing right. Well, and the argument there is they're going, oh,
it's not fair. I've only been in this country a
year and I can't even get a real job because
I'm not here legally. So yes, I do want food stamps.
I do want a free place to stay.

Speaker 20 (02:08:18):
Yeah, And they're equally attracted to the idea of defunding
the police and eliminating law enforcements because now they can
go and steal and.

Speaker 4 (02:08:26):
Yeah, they can run round that. Yeah, absolutely, Well, it
wasn't long ago you could do virtually anything in New
York City and or they had no cash bail, or
in Denver, Mark the guy that they had, the guy
literally on video that kicked the crap out of the
cop cops, and the judge let him go, yeah, or
at least cut him loose without bail. I don't know

(02:08:46):
ultimately what happened. I bet they let the guy go
that set people on fire? How about that? That wouldn't
that wouldn't shock me, although I don't think they did.
But I think they said he was mentally ill, which
of course you're mentally when you're lighting people on fire in.

Speaker 20 (02:09:02):
The subway, right, And in that case, that guy should
be blocked away, not necessarily as punishment, but to protect society,
to protect the regular people like you and me and
everybody else from that guy and his mental illness, which
we pay the price for everything.

Speaker 22 (02:09:16):
He's in New York and you're in Colorado, so you
don't have to worry about him.

Speaker 4 (02:09:20):
Well, the common sense doesn't seem to play a part anywhere.
Like I've said this a million times, I watch Comrade
Kyle all the time. In fact, Suzanne always makes fun
of me.

Speaker 18 (02:09:30):
Oh, here we go, it's Cardio Kyle time.

Speaker 4 (02:09:33):
Cardio Kyle. I love him. I find him entertaining as
hell I do. I like his show, I really do.
But I disagree with virtually everything that comes out of
his mouth. But the Bridge to Nowhere, that was a
great one. Him and I aligned on something that's very
impressive to me. But like when people get angry that
people are getting picked up and removed from the country

(02:09:55):
that already have deportation orders, they already went through the
entire they went through the entire legal system. Now it's
time to go and they get picked up. When the
other criminals are getting picked up, yeah, get rid of them.
They've already exhausted every effort they possibly have. You know what,
I wish people could come over and do everything right.

(02:10:16):
That is for Congress to figure out. But when people
come over here that weren't invited and shouldn't be here,
and they're not contributing to society. In fact, all they're
doing is eating off the trough. In certain places, sanctuary cities.
More than anything, Think of all the people. Think of
the homeless people in Denver that are veterans. Think about

(02:10:38):
people that fought for this country. They went through Vietnam
and they're messed up. But do they get a free apartment. No,
they don't get a free apartment. But yet some people
do get free apartments that shouldn't be here. That drives
me crazy. To me, it's common sense, And I'm sure
I'm pissing off a lot of people. And everybody can
give an example of someone that probably shouldn't be here

(02:11:01):
but is and is a hard worker in contributing. I'm
sure those people exist, I know it. But if I
went over to Mexico and bought a restaurant and opened it,
do you think I can do that? Well, not only
that I can't, but I can't own a business over there.

Speaker 20 (02:11:16):
I know somebody who rented an apartment in Mexico City
and the least expired. This guy was moving back to
the US. He before they issued him either an exit
visa or gave him back his passport so he can
come back. He had to bring letters from the landlord.
And like the grosser, every other people attesting to the

(02:11:37):
fact that he doesn't owe them any money and for
you let him leave Mexico.

Speaker 4 (02:11:41):
Over the years on the show, we've had calls where
not necessarily Mexico. I remember a couple of places in Europe,
like Germany, they got hurt on vacation, ended up in
the hospital, massive surgeries. They will not give them the passport,
the visa, whatever they need to get back home until
the hospital and doctors are paid in full.

Speaker 20 (02:12:01):
Absolutely, I mean imagine that. That's actually a huge scam
in Mexico. I know people who fell for that too.
They ended up in Mexican in the Mexican hospital. They
don't know why, just woke up suddenly in the hospital
and a thirty thou forty thousand dollars bill had to
be paid before they were allowed to leave them.

Speaker 4 (02:12:18):
Yeah, lots. Yeah, So what's crazy to me is we
can't go over their open businesses. There's a lot of
things we can't do in Mexico and even more we
can't do in Canada. You simply can't do them legally.
But we're the bad guys when we try to enforce
our borders. It tries to me crazy more coming up.

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Speaker 4 (02:13:32):
All right three O three seven one three eight two
five five uh lo cook and don't forget. You can
always email us anytime help at troubleshooter dot com. There's
like three or four of us at check those. I
reply to people all the time on those. I had
people asking about CMG this morning. What was the other one?

Speaker 7 (02:13:52):
Oh?

Speaker 4 (02:13:52):
Fix it. They're the ones that do the uh well,
actually they do two things. I was trying to remember
what the email was. I think it was a free
second opinion, But yeah, fix it's the one they'll come
out if someone gave you an estimate, and basically you
want to make sure it's in line. More than any
you want to make sure you actually need a replacement
air conditioner. Fix it might be able to fix it,

(02:14:14):
you know, hence their name fix It twenty four to seven.
But they'll send somebody out, whether it's a water heater,
air condition or furnace, to give you a free opinion.
They might actually be able to fix it right there
for you, and then if not, they're going to probably
beat the price of whatever the other one is. So
it's a no lose situation. Fixm home dot com, Fix

(02:14:34):
myhome dot com. Now we have Brooke White with the
solar company Redrocksrs. And I'm going to talk to her
in a minute. But Cody, I'm going to try you
one more time. Our phones are kind of messed up. Man,
are you there?

Speaker 19 (02:14:50):
Yes?

Speaker 4 (02:14:50):
I am Okay? What happened? Cody? What is the parking violation?

Speaker 11 (02:14:54):
All right? So I got a ticket this morning for
parking outside my house on this street. The ticket is
for no license plate.

Speaker 4 (02:15:03):
Who's it from Denver? Or who's it from? Okay? So
from Greeley? Did you have a license plate?

Speaker 11 (02:15:12):
A temp tag in the back window?

Speaker 4 (02:15:14):
Okay, I'm not technically sure where you're supposed to have it?

Speaker 20 (02:15:18):
I am sure we're supposed to have it. So no,
they changed that rule a couple of years ago. It
has to be placed where your license plate is going
to get that.

Speaker 4 (02:15:29):
That's where it needs to be the rule.

Speaker 18 (02:15:30):
So that's real or a city. Is that a state rule?

Speaker 4 (02:15:35):
Yeah? I believe because it's a state, it's a state issue.

Speaker 1 (02:15:39):
Cody.

Speaker 4 (02:15:39):
That's probably where they're getting you. Now, I would guess
did you call up and say, come on guys? It
was right here in the window.

Speaker 11 (02:15:47):
I actually saw the woman giving me the ticket, So
I walked out and talked to her and showed it
to her and oh, okay, so she took a look
at it. She still gave me the ticket because a
temp tag, which is issued from Wyoming. I just got
the truck over the weekend. It was registered to my

(02:16:07):
in laws. Yeah, and so the tag was from Wyoming.

Speaker 4 (02:16:12):
Yeah.

Speaker 11 (02:16:12):
But the problem is that the DMV, in their infinite
wisdom from Wyoming, input the then number incorrectly.

Speaker 4 (02:16:23):
Oh. I bet if you went in front of a
judge on that or a magistrate, I think is how
they'd handle a parking ticket. I bet he would agree
with that and get rid of the ticket. I kind
of find it funny the officer had to be such
a jerk or the parking attendant. I mean, that kind
of sucks.

Speaker 11 (02:16:41):
She said that because she said because she had already
issued it, she couldn't undo it.

Speaker 4 (02:16:46):
I don't even know what that means. I've heard that before.
I mean, what does that mean? Because she puts it
in a computer system. It can't be handwriting a ticket
because you can just wad it up. But if they
put it into a computer system, I don't know. I'm
not going to argue that because I don't know either way.
But that's whatever. But when you pointed it out to her,

(02:17:07):
did it seem like she wouldn't have done it if
she knew it?

Speaker 11 (02:17:12):
Well? She actually called her dispatcher and they said, because
the DIN'T number would input on the tag incorrectly.

Speaker 4 (02:17:20):
Yeah, but that's I get it. Think that's still being
jerky because you're not the one that put it in there.
It was a dealer. I think if you go in
front of the judge agreed, I think they're gonna just
go ahead and he's gonna let you walk. Man. I mean,
to me, that's common sense. I mean, it's nothing you did.

Speaker 18 (02:17:37):
Can you go in front of a judge for that
type of ticket.

Speaker 4 (02:17:39):
Yeah, you can fight a parking ticket. I'm pretty sure
you can. Yeah. I did that in Denver. Yeah.

Speaker 20 (02:17:45):
And it's not a judge. It's not even a magistrate.
It's some woman that works at the parking office.

Speaker 4 (02:17:49):
You know what it is. It's a I know the
name referee, a referee. It's a referee.

Speaker 20 (02:17:54):
And you walk into her office and her and this
is pretty comical. Her desk is set on this pedestal
so that she sits behind her desk and towers above you,
like a judge in the movies.

Speaker 4 (02:18:05):
And then she's not a judge or imagine or an attorney.

Speaker 20 (02:18:09):
She's like a DMV employee or something. Yeah, I guarantee
you she's not an attorney. That's kind of cool, way
up in the air. I want one of those desks.

Speaker 11 (02:18:16):
Okay, So how do I do that? How do I?

Speaker 4 (02:18:19):
Well, you're gonna have to call a Greeley and find
out how you fight a parking ticket. I mean, that's
all you gotta do.

Speaker 11 (02:18:24):
I did, and they they gave me no information.

Speaker 4 (02:18:27):
Well, there's got to be a referee. Hold on, let
me take this called DMV or just even google it
and find out, like how do I fight a parking
ticket in Greeley. There is going to be a referee
system for sure, hold tight