The Troubleshooter 9-16-24

Episode Transcript

Speaker 1 (00:00):
Yea ripped.

Speaker 2 (00:08):
News needed that's who you don't.

Speaker 3 (00:10):
Have come Running's just as fast as we can.

Speaker 2 (00:17):
Shooter's gonna help come man Dix.

Speaker 1 (00:21):
He is the Troubleshooter Show.

Speaker 4 (00:23):
Now, Tom Martino, Hi, Tom Martino here, Welcome to the show.
Three oh three Martinos the number twenty four seven, three
oh three, six two seven, eight four sixty six. You
can always call us also at three oh three seven
one three talks seven one three A two five five.

Speaker 1 (00:43):
So why am I laughing? Well?

Speaker 4 (00:46):
I tasked Mark with a simple a simple duty. Now
if it turns out to be me, but I looked
up why this is happening. By the way, Welcome everyone.
This is the show where we solve problems, answer question
to take complain. I'll talk to you about the very
important show we have coming up and all of the
stuff we have going on right now. Though I uh,

(01:09):
I know a lot of you want to see studio
video and we're figuring this out.

Speaker 1 (01:13):
We've got a brand new YouTube system.

Speaker 4 (01:14):
It's actually better, but we're just working out the But
I want to show you that I have a little
problem here, and that is when I show my zoom people.
Because when I show the Zoom it for some reason
comes up upside down.

Speaker 1 (01:30):
Why, I have no idea trying to figure it out,
but we uh, it's coming in upside down, and everything
that I'm reading says that's on the other end.

Speaker 4 (01:42):
They might they have their camera flipped somehow, but in
any case, where will work that out and get you
a picture. Welcome to the show. I'm Tom Martine. By
the way, three three, I'll work it out during a break.
Three oh three seven one three talk seven one three
eight two five five. Now, this is what we're talking
about today.

Speaker 1 (02:00):
We had an attorney call us with a problem that
sounded unbelievable to me, and she's actually visiting the studio
with the client. Mark's there at the studio, and then
we have John Fuller with us as a guest our,
his personal injury expert. Also really just a man about town.

(02:21):
He knows a lot about a lot of things, so
he's going to chime in on a bunch of stuff.
He's also an expert at evaluating accidents and damages and
things like that.

Speaker 4 (02:33):
So welcome everyone. Let's talk right now though about this.
Oh it's right side up now, guys, Thank you, Mark, how'd.

Speaker 5 (02:43):
You do that?

Speaker 1 (02:43):
Didn't do anything.

Speaker 4 (02:45):
Oh oh, come on, you didn't do anything. And all
I see I see our attorney in client. I don't
see I see John Fuller, just the edge of him,
and I don't see you. But that's okay. And then
I'm going to bring you guys up very soon. But
in any case, can you explain this car deal to
us and how you came about, how you know about it.

(03:09):
It's terrible, and you said you would get back in
touch with this. You sent us stuff.

Speaker 1 (03:15):
But I want you to explain this car deal. And
then I'm going to go to the phones of course.
Three three seven one three talk seven one three eight
two five five or three oh three Martino.

Speaker 4 (03:29):
Okay, let's talk about our problem with the car. I'm sorry,
I don't have your name right handy. I'm so sorry.
I'm looking for the original call.

Speaker 6 (03:42):
And that's okay.

Speaker 1 (03:43):
It's bias Raina.

Speaker 4 (03:45):
Yeah, I remember it was a pretty name, Raina. Raina,
talk to me. I'm looking for the original call.

Speaker 1 (03:50):
But it sounded outrageous, and he came to.

Speaker 4 (03:54):
You because he didn't know what to do. So explain
the situation so we can understand. It's very complicated.

Speaker 7 (04:00):
So and Ron is here with us, as well, So
thank you so much for having us on. Ron Simpson.
He is he's a great guy, former teacher, retired, former
military and he unfortunately is has terminal cancer. He's going
to pass away from mesothomeilia and he hasn't been given

(04:21):
much longer to live. So he decided that his dream
was to go to the coast. He wanted to get
his dream car, which is a Mercedes Benz. He drove
a toe to Avalon, completely paid off. He wants his
dream car and he wants to go to the coast
and he wants to see the ocean. So he goes

(04:42):
into Colorado Springs Mercedes Benz and he speaks with them
about buying a vehicle. So he buys a Mercedes Benz
and trades in. Has fully paid off Avalon and also
pays his down payment, and they sell it to him
for forty three thousand, three hundred dollars.

Speaker 6 (04:59):
Nothing shady about that.

Speaker 7 (05:01):
And then as he's speaking with them, they start talking
him into service contracts. Now, mind you this, he's terminal,
he's been given very short time to live. He doesn't
need a service contract. He's in active chemo. So he's
talking to them about the service contract, and he's getting
a little bit confused. Okay, he just turned seventy five.
I just found out his birthday was a couple of

(05:22):
days ago. And so he talks to them and they
sell him thirteen thousand dollars worth of service contracts, a
maintenance contract and a service contract. So he walks out
not quite understanding fully what his deal was, and they
take a while to give.

Speaker 6 (05:36):
Him his car.

Speaker 7 (05:37):
He finally gets his car and he gets his first
payment Couvon, and it's seven hundred dollars, and it's much
more than he thought he was going to owe, right
because he brought this twenty thousand dollars toy to avalon
In and brought in a down payment. So how in
the world does he owed seven hundred dollars And he's
on a fixed income.

Speaker 6 (05:55):
You know, he did have a savings account.

Speaker 7 (05:57):
His wife previously passed away recently from cancer, and a
lot of a lot of her treatment was paid for
by the savings account, So he really doesn't have a
lot left. He really is on a fixed income. So
he decides he can't afford it. You know, he doesn't
have that much time to live and he can't be
just burdened with debt. So he goes back to Colorado

(06:19):
Springs Mercedes Benz and says, take this vehicle back.

Speaker 6 (06:22):
I want my own vehicle.

Speaker 7 (06:24):
I see that you know you still have it. And
they sit him in the office and he's an active
chemot for hours and hours and hours, and at the
end of the deal, he walks out having a thirty
three thousand dollars loan on his vehicle on the Toyota Avalon,
despite giving them back the Mercedes Benz a month later.

Speaker 6 (06:45):
This is there's a month in between.

Speaker 4 (06:47):
So his net spend, his net spend after dealing with
what I'm going to call crooks, What is his net
spend out of pocket from the day he walked in,
his net out of pocket that he's lost Okay.

Speaker 7 (07:01):
So he paid approximately nine thousand dollars in all these
down payments, okay, and he still has a loan on
his Toyota Avalon. So he gets his vehicle back and
he's paid nine to do.

Speaker 1 (07:13):
But before that, what did he owe on his car
on the Avalon?

Speaker 3 (07:17):
Zero?

Speaker 1 (07:18):
Okay?

Speaker 4 (07:18):
So he went in with a car that was paid for,
got another car, brought it back and he's out nine
grand plus has a debt.

Speaker 6 (07:26):
That's correct.

Speaker 7 (07:27):
And just so you know, when he went to try
to get his car back, they sold his car back,
put dealer in handling on it, put a lien on it,
and sold him another service contract.

Speaker 1 (07:37):
For four Now I have to ask, I really have
to ask you the obvious. Yeah, did you just call
him and say, come on, guys, this is unconscionable and
we're going to sue the hell out of you? Yes?

Speaker 3 (07:49):
Yes?

Speaker 1 (07:49):
And what did they say?

Speaker 8 (07:51):
So?

Speaker 1 (07:51):
I called them?

Speaker 7 (07:52):
I left a message. I left a message with the
GM who's this is Phil Long.

Speaker 1 (07:56):
This is Mercedes Benz Phil Long.

Speaker 3 (07:58):
That's right.

Speaker 7 (07:59):
So Phil Long is the owner of Colorado Springs Mercedes
ben So they do business.

Speaker 4 (08:04):
Okay, we got to call them then, I mean, they
have to have said, let's undo this thing. They can't
possibly think. They can't possibly think that this thing is
gonna fly. By the way, we do have the studio
up and running. It's on YouTube right now, but they
can't come on.

Speaker 7 (08:21):
So when I talk to them, what they told me
was that they would cancel the four thousand dollars service
contract that they had added on the talk for Avalon
and that is it.

Speaker 1 (08:29):
But what are they gonna do about all of the
other money.

Speaker 6 (08:32):
I called them and call them.

Speaker 7 (08:33):
We played a little bit of phone tag, and then
I just kept calling and honestly, Tom, I was like, look,
I got to take to the next level. If you
guys don't call me back. They didn't call me back,
and I called you all.

Speaker 4 (08:42):
Right, let's okay, who wants to take this? I'm serious.

Speaker 1 (08:45):
We got to call them and just say, look that
the jig's up. This is the top.

Speaker 9 (08:51):
We called them on Friday. The sales manager is off today,
he's in tomorrow.

Speaker 1 (09:00):
Why let's talk GM of the damn place. Let's talk
to the GM. This is this is, this is truly ridiculous.

Speaker 4 (09:08):
I mean, if you chart this out, okay, he went
in with a paid off car worth twenty grand, right
plus he put down five grand originally, right, So that's
fun twenty five thousand plus alone.

Speaker 1 (09:28):
Right. The loan for that original car was how much
the original loan.

Speaker 6 (09:35):
Thirty nine thirty nine.

Speaker 4 (09:37):
So basically, if you take the thirty nine plus the
twenty plus the five.

Speaker 1 (09:43):
I mean, how much did he pay for that damn car?

Speaker 4 (09:46):
Think about it. Just because you get away with it doesn't.

Speaker 1 (09:49):
Make it right.

Speaker 4 (09:51):
I mean, really, Am I reading that correctly? Twenty thousand dollars?
His car was worth twenty grand? Is that retail twenty grand?
Are we being real this stick here on that car?
Twenty grand?

Speaker 6 (10:02):
I would say so, I would say that that's about
a realistic.

Speaker 4 (10:04):
Value of the So twenty plus you put five thousand
down originally, right, Yes, that's right, that's twenty five plus
plus thirty nine.

Speaker 1 (10:16):
So he paid sixty four thousand dollars, sixty four thousand
dollars for a what.

Speaker 6 (10:27):
A Mercedes Benz.

Speaker 1 (10:30):
Is it?

Speaker 6 (10:31):
What model S class dreamcar?

Speaker 7 (10:37):
What twenty eighteen Mercedes Benz S Class?

Speaker 1 (10:40):
What does that worth? Did you do a compound that
I did?

Speaker 6 (10:44):
It's worth about thirty nine thousand.

Speaker 4 (10:48):
So he double paid for that car almost, yes, and
then goes away, wants.

Speaker 1 (10:54):
To get his car back. He takes his car back
and they put an extended warranty on it. Oh my god.

Speaker 10 (11:06):
Yeah, but now he doesn't have the Mercedes, he doesn't
have the nine thousand. He does have a thirty three
thousand dollars loan on the same vehicle he showed up
with that was paid off.

Speaker 4 (11:20):
And actually, isn't it ninety seven hundred dollars in cash
forty seven down the second time forty seven hundred.

Speaker 3 (11:26):
Yeah.

Speaker 1 (11:26):
Yeah, I mean, if you chart this out, this is immoral.

Speaker 4 (11:32):
And you know what, Okay, Mark, if ever we needed
to take a video camera and go to Colorado Springs,
you and I need to do this.

Speaker 1 (11:40):
You tell me when I need the distraction.

Speaker 4 (11:42):
You tell me we're going to go down and walk
into that damn showroom and we're going to if you
want to come with us, if the victim wants to
come with us.

Speaker 1 (11:50):
This is wrong. This is wrong. This is wrong. There's
no two ways. And you know what, people, I have
no qualms about telling you to call down to Colorado
Springs Mercedes and ask them, how dare how dare they
do this to a man with terminal cancer? For God's sakes?
How dare they do it? Those churchs?

Speaker 9 (12:09):
So I have an update.

Speaker 1 (12:12):
They just hung up on me. Give me the number.

Speaker 11 (12:16):
Would refuse to.

Speaker 1 (12:17):
Come on air? For Give me the number. Give me
the number.

Speaker 3 (12:21):
I got it.

Speaker 1 (12:22):
You read still Long? Call it now.

Speaker 4 (12:24):
This is Colorado Springs, Mercedes, and it phill Long's Colorado Springs.

Speaker 1 (12:29):
Mercedes hold On owns it.

Speaker 9 (12:31):
Mercedes Benz of Colorado Springs.

Speaker 1 (12:34):
Mercedes Benz of Colorado Springs, and.

Speaker 9 (12:36):
The GM apparently has his door closed as I was told,
and is in meetings of people.

Speaker 4 (12:41):
Do you understand we're doing a good of public service here.
I'm not going to ask you to be vulgar. I'm
not going to ask you to be anything except you
tell them you heard about this, and you will let
absolutely every single person in the world.

Speaker 1 (12:55):
Know about it. Okay, you ready for the number? Yes?

Speaker 4 (12:59):
I am seven nine six six three nine two two
six eight two two six eight Okay, Now I'm okay.
I want to ask Rain of something in John something
because you know, they they hear me talk and probably think, oh,

(13:20):
this guy, you know, back in the day, he took
a few law courses and thinks he's lower and he's
nowhere close And you're right, I'm not. But is there
ever something called okay, is there something ever so unconscionable that,
even though this man may have signed his name seriously,
is there ever anything like that where a judge or

(13:42):
some the court of equity says, are you kidding me?

Speaker 1 (13:48):
Is there something that can happen like this?

Speaker 12 (13:53):
Tom?

Speaker 13 (13:53):
To me, this borders on criminal okay in terms of
an at risk and adult at risk adult. I mean,
I think you're taking advantage of it. It's fraud I mean,
I don't care how you look at it. It's a
fraudulent case. He's an at risk adult. To me, that's criminal.
Although what we're seeking here is civil damages. But my

(14:14):
concern is, you know, and this is kind of morbid.
But the challenge with at risk you know, clients and
stuff is that, in many respects, the damages that we
have in this case, should you pass away, sir, Those
damages go away and you're left with just the economic
aspects of which are not insignificant. But to me, the

(14:35):
non economic components are way worth more than the economics.

Speaker 1 (14:40):
But have you looked into the criminal side of this.

Speaker 7 (14:43):
We haven't looked into the criminal side of this, just
because I do civil work, right, so I don't usually
do criminal work and civilly. I think that we might
have a claim for fraudulent misrepresentation. I think we might
have a claim for negligent misrepresentation. And the negligence comes
in because when they sold him the service contract, sure
he signed his name. Now, granted he's under a lot
of pressure, he was in active chemo.

Speaker 13 (15:04):
They should have recognized this there's way an at risk
adult and not one that you know is in an
equal bargaining position to buy anything.

Speaker 6 (15:14):
Yes, exactly.

Speaker 7 (15:15):
And they should have told him when they came to
return the vehicle that if he canceled the service contracts,
he would have gotten almost every single dollar of that back.

Speaker 6 (15:23):
And they didn't do it.

Speaker 7 (15:24):
And they didn't do it because dealerships make money off
of every single service contract that they sell. They get
cut off the top, so they didn't do it so
that they could pocket that money. And yet now he's
left with thirteen thousand dollars that he owes in a
service contract on a vehicle that he doesn't even own anymore.

Speaker 4 (15:43):
Yeah, I have to take a break or I'm going
to be beat up by Shannon. I'm Tom Martino three
zero three seven one three talks seven one three eight
two five five more. Coming home, Go with a sure
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(16:09):
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(16:38):
seven one three talks seven one three eight two five five.

Speaker 1 (16:42):
Welcome to the show.

Speaker 4 (16:44):
This hour brought to you by waterpros dot net the
best water systems, the lowest prices right now especially, there
is a special going on now.

Speaker 1 (16:51):
You're not going to believe. Oh my god, it's unbelievable.

Speaker 4 (16:55):
It's a whole house conditioning softening system and the trip
will filter reverse osmosis for drinking water at the kitchen sink,
all for thirty one ninety five. You will never ever
ever find these systems like this for this price.

Speaker 1 (17:10):
In fact, plumbers will have them as twice or three times, no,
not twice like starting at twelve thirteen, fourteen thousand. I
know a lot of my plumbing buddies get upset with that,
but I'm telling you waterpros dot net three three eight
six two five five five four, so I know we
have other people aside from this car deal but this
car deal is so unconscionable it makes me sick. Marianne said.

(17:32):
She called down there, Marianne, what happened when you called
down there?

Speaker 14 (17:38):
Well, I chose to speak to the sales department, a
man who identified himself as.

Speaker 1 (17:47):
Oh it does it doesn't matter, It doesn't matter.

Speaker 14 (17:51):
You talk to him about what I just said, that
I was listening to Tom Martino's show and that I'd
listened to a situation that sounded to me unconscionable.

Speaker 5 (18:02):
Yes, that they would do business that way.

Speaker 8 (18:04):
He was incredibly rude right from the get go.

Speaker 14 (18:08):
Of course we win, he said, And he said, well,
what happened? I said, I don't know everything, but I said,
a man who is I understand, terminally ill, came in
and traded in a vehicle, had second thoughts, came back
and got his car back, and ended.

Speaker 8 (18:24):
Up in a really, really bad financial situt.

Speaker 1 (18:28):
I'm going to lay it out. I'm going to lay
high five in each other down there right now. I'm
going to lay it out so everyone will understand exactly
what happened, because that's what we have to do. In fact,
I've said this to I've.

Speaker 4 (18:40):
Said this to attorneys before, I've said this to people,
the people who often win in court, and thank you
for calling. I appreciate that, Marianne, And I'm going to
give out that number again for and listen.

Speaker 1 (18:52):
When you call him, here's what you tell them.

Speaker 4 (18:54):
He went in with a paid off car, completely paid off,
and and paid sixty four thousand dollars for a Mercedes.
Not worth that, okay, but that's okay, he overpaid. All right,
Let's say he overpaid for that Mercedes. He paid like
sixty four grand for it.

Speaker 1 (19:13):
Now, on top of that, he took the Mercedes back
and ended up with his paid off car back. But
this is the net result.

Speaker 4 (19:25):
He has a twenty seven thousand dollars loan, nine thousand,
seven hundred bucks out of pocket, plus a four thousand
dollars service contract.

Speaker 1 (19:38):
So so think about that.

Speaker 4 (19:40):
Think about how not only did he overpay almost twice
for the car that he bought when he took it back,
they sold him his car back that was paid off,
he now has a twenty seven thousand dollars loan on
his car.

Speaker 1 (19:59):
And nine seven hundred out of pockets. So let's analyze it.

Speaker 4 (20:03):
I look at raw numbers twenty seven thirty seven basically
with the ten he's got thirty seven thousand dollars that
he spent to use the Mercedes for How long?

Speaker 1 (20:19):
How long? How long did he have it?

Speaker 4 (20:21):
All?

Speaker 11 (20:22):
Right?

Speaker 6 (20:22):
One month?

Speaker 1 (20:23):
For one month?

Speaker 4 (20:24):
So for doing business with Phil Long Mercedes Benz of
Colorado springs, this guy with terminal cancer, he ended up
with a thirty seven thousand dollars bill. How can they

(20:51):
sleep at night? And how can those a holes? How
can those bastards not know how evil they are? For
God's sakes? Am I exaggerating? Please tell me guys in
the street? Am I exaggerating?

Speaker 1 (21:09):
Did you try to talk to them numerous times?

Speaker 3 (21:11):
Oh?

Speaker 12 (21:12):
I did, as it happened most some of the times.
When I went in, I ask you to chemo, and
chemo affects people differently, but it really makes you tired
and disoriented, and it just wears you down. So they

(21:35):
kept me till after hours, and I just wanted to
get home because I have a heart condition. It's called
t RV anyway, and I feel like coming on again
any emotion and stuff. But I tried to go in
and I said, Okay, I'm a big boy, I'm made
to deal. Let me buy the car. And I wrote

(21:57):
down the deal. I says, if you think I I'll
buy the car back, here's your full asking price on
the car salf I said, I just want the title
back to my car. That's going to my niece and
my five thousand. I said that seems fair, and he
left and six hours later I went on. But the

(22:17):
deals went like that, and I kept setting new people,
and I said, I want to talk to the manager,
and they gave me somebody that talked to me, and
I think was his first dawn and the job.

Speaker 1 (22:27):
You never got to talk to the manager.

Speaker 12 (22:30):
No, I talked to him. I don't know what he
called himself.

Speaker 1 (22:34):
But what exact model is that car?

Speaker 3 (22:37):
Sir?

Speaker 12 (22:37):
It's that's five fifty I think fifty. I talked to
the the deal was the finance director.

Speaker 13 (22:45):
Yeah, And did they try to do it as two
separate transactions, like he was literally trading in the five
point fifty and then buying his car back.

Speaker 4 (22:52):
Well, even if they did, even if they did, the
net net is ridiculous.

Speaker 13 (22:56):
I totally agree. I'm just trying to figure out how
in the world they got to this point except by
doing it as two separate transactions.

Speaker 12 (23:03):
I'd like to help you.

Speaker 6 (23:04):
Yep, they did it as two separate transactions. What they
right is absolutely crazy, absolutely crazy.

Speaker 12 (23:09):
And I went in to try to string it out.
I said, you know, I got a fair brain. Left
comes and goes, but let's just sit down. And I didn't.
I didn't get anybody. Yeah, And I said, this can't
be right. And they said it's just a service fee.
And he said the devil's in the details. Don't read
those contracts. And I said, well, I've learned a lesson,

(23:31):
but I'm not gonna This is not fair. I don't
want to happen to somebody else.

Speaker 4 (23:36):
I mean, you know, I can't believe that anyone, anyone
would look at this deal in management, anyone.

Speaker 1 (23:43):
And they would they would put up with it. People here, Okay,
you know what, screw.

Speaker 4 (23:49):
All of the technicalities here, this is absolutely wrong.

Speaker 1 (23:53):
There is no middle ground. This is wrong. Here's a
man on chemo with chemo brain. This is a man
dying from cancer. This is a man who went in
there to buy his dream car. Okay, let's call him
stupid for doing that. Let's call him impulsive, and then
he takes the car back. Does that mean if someone

(24:14):
is impulsive and ignorant of law and details. Does that
mean someone should screw them like this? Because the net result,
the net result, that's what counts. He walks away.

Speaker 4 (24:27):
He walks away after using that Mercedes for a month
with a twenty seven thousand dollars loan and ten thousand.

Speaker 1 (24:35):
Dollars out of pocket. That's the net thirty seven thousand
dollars right now in debt thirty seven thousand, and has
his old paid off car that was paid off back.
And in addition to.

Speaker 4 (24:50):
The thirty seven thousand in debt, he's got a four
thousand dollars extended warranty on the car he traded in.

Speaker 1 (24:57):
Now, these people are evil. I don't care what you say.
This is evil.

Speaker 4 (25:02):
There's no other way. I'm not gonna pussy foot around
at seventy one years old. I don't give a damn
if they come after me. I would love to explain
to a jury why I call them evil and why
I believe they are disgusting.

Speaker 1 (25:18):
They are pieces of garbage, and I'm proud to say it.

Speaker 4 (25:22):
Tom Martino is proud to say Fill Long Phil Long's
Mercedes Benz of Colorado Springs, they are evil. Whoever perpetrated
the deal is evil, and they should undo the deal,
or at least if you want to penalize them, and
you want something for the salesperson and for your time

(25:44):
and for doc prep take a few grand But for
this man to go through this at this stage of
his end of life, who in the world, who anyone
would say this is okay? And that man, that general
manager is hiding in his office right now. Don't let

(26:04):
him have a moment of peace. Do not let them
have a moment of peace. You tell them what you
think of them.

Speaker 1 (26:15):
I have never felt more strongly in my life about
a case. And it's not because it's because it's wrong.

Speaker 4 (26:27):
The number for the Colorado Springs and if anyone could
ever walk in the doors of that place to buy
a car, Mercedes Benz of Colorado Springs seven to nine
sixty thirty nine twenty.

Speaker 1 (26:41):
Two sixty eight. They saw him coming. They took advantage
of a dying man.

Speaker 12 (26:52):
That's what my niece said.

Speaker 4 (26:57):
Go with a sure thing. Denver's Best Ruffer sell 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.

Speaker 1 (27:14):
Find out now three all three seven to seven to
one help.

Speaker 4 (27:17):
You'll think you're his only customer when you choose Frank
durand the real estate man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two.

Speaker 1 (27:32):
I'm Tom Martino, your troubleshooter.

Speaker 4 (27:36):
If you're just tuning in this, we have had the
most unconscionable case and people, I'm telling you, in all
of my cases, this one.

Speaker 1 (27:46):
Just touches me. But it's one of the worst we've
had in a very very very very very long time.

Speaker 10 (27:52):
I can't because I'm sitting across the table from this gentleman.
I can't remember anything worse.

Speaker 1 (27:58):
I can't. I honestly, guy can't. This is a man
on chemotherapy. He can hardly speak.

Speaker 4 (28:05):
He wanted to take one last trip to California, and
he wanted to have a beautiful Mercedes. So he went
into Phil Long's Mercedes Benz of Colorado Springs.

Speaker 1 (28:18):
Now listen when you hear the details. And he had
a car. He had a car.

Speaker 4 (28:26):
That was free and clear, a free and clear avalon
a twenty twenty Toyota Avalon, probably worth about forty year
in but even less than that of you who cares.

Speaker 1 (28:41):
He took that car.

Speaker 4 (28:44):
Plus five thousand dollars plus walked away with a thirty
nine thousand dollars loan, so he paid nearly seventy thousand
dollars for this Mercedes. On top of that, he changed
his mind never went to California. He was feeling guilty
and silly about it. When he went back to them,

(29:06):
they said, sure, will will sell you your car back
and take this one in trade.

Speaker 1 (29:13):
So they took the Mercedes back.

Speaker 4 (29:18):
The net result is he got his car back, but
he had to put another forty seven hundred down and
walk away with a twenty seven thousand dollars loan on
his car.

Speaker 1 (29:31):
So the net net of all of this, if you
just look at the raw numbers, for about forty thousand dollars,
he used a Mercedes for a few weeks. They got
forty thousand dollars from this man. Now think about it.
If he drove that twenty eighteen Mercedes for a few weeks,

(29:54):
he didn't go to California, is it worth dinging this man.

Speaker 10 (30:01):
Thousand dollars and it wasn't new, and I'm looking at
the total price here, so he bought his own car
back for a total sales price of thirty seven four thirteen.
But if I recall, he was also nine grand out
of pocket or almost ten. So really, no matter how
you look at it, he's forty seven thousand dollars worse
off than when he ever met these That's the.

Speaker 1 (30:23):
Point I'm making.

Speaker 4 (30:24):
That's the point I'm making, And I want to give
the number out for Colorado Smith because these people refuse
to talk to us by the way they could have
given their side. They refused to talk to his attorney, Rena,
who brought this to us. They refuse to talk about it,
and they even hang up on us. And when consumers
called to say I just heard about this deal, they're

(30:45):
rude and obnoxious. So not the consumers. Now, I'm urging
you to call them to let them know this will
not go away. I swear to God, if every single
day of my show for the rest of my life
life I highlight this deal, I will do it. Seven
one nine sixty three nine twenty two sixty eight is

(31:10):
phill Long's Mercedes Benz of Colorado Springs, the only thing
that I will accept.

Speaker 1 (31:15):
I don't care what anyone says. And you know what,
phil On, you know what, come after me if you want,
because I would love the discovery on this one. I
would love it, and I would love it if a
jury heard it, and I would love to bring that
man to court with me. Now here's the bottom line. Okay,

(31:38):
he bought the car and he used it ding him
for the mileage and for the slight depreciation. But would
it be fifty grand?

Speaker 3 (31:48):
What would it be?

Speaker 1 (31:50):
Come on, five hundred bucks total?

Speaker 11 (31:53):
Well?

Speaker 1 (31:53):
Whatever? Use a have a heart for God's sakes, is
everything about the dollar? Bill Long's Mercedes Benz of Colorado Springs. Now,
if you're not listen, if you're listening, but you have
friends not listening, I want you to explain the deal
to them, because I'm going to lay this out throughout
the whole show. The number seven one, nine sixty three

(32:14):
nine twenty two sixty eight. Did you see the person?

Speaker 10 (32:17):
Did you see the GM's number down there, or I'm
sorry his name I put it in call screen or
he also owns apparently twenty percent of that dealership. Bill
Stanton Stanton, Okay, Bill Stanton is the GM.

Speaker 1 (32:35):
He's the gym.

Speaker 4 (32:37):
Is Chimino part of this because isn't that Phil Long's guy?
Isn't that who owns it? We we have to do
a deep dive. Somebody's got one of our deputies. We
have to do a deep dive on this particular dealership.

Speaker 1 (32:49):
Did you do that, Raina? Do you know who owns
it other than Phil Long? I mean, who's who is
Phil Long? Right now? I'm sorry? I do know?

Speaker 6 (32:57):
Yeah, So it's Phil Long. I believe it's like Phil
Long LLC.

Speaker 7 (33:00):
And they do business as Mercedes Benz Colorado Springs and
twenty five percent of that ownership is the GM.

Speaker 6 (33:07):
So that's William Stanton or Bill. On the website, it's.

Speaker 1 (33:10):
Bill s.

Speaker 4 (33:17):
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 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 help. You'll think you're his only customer

(33:39):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two.

Speaker 1 (33:51):
Hi Tom Martino, your troubleshooter.

Speaker 4 (33:54):
So by my calculations, this guy bought the car, the
two eighteen S five point fifty for about sixty nine
thousand dollars. Because his car was worth about twenty five.
He put five down, had a loan of thirty nine.
When he changed his mind and went back, he basically

(34:18):
had the same loan I believe, or thirty seven whatever,
but he had the same loan a little less. He's
out of pocket about forty seven thousand dollars forty seven
thousand dollars for putting a few miles on that Mercedes
thanks to Mercedes Benz of Colorado Springs.

Speaker 1 (34:36):
We're going to talk to Kelly and see what they.

Speaker 4 (34:38):
Said to her. We're going to keep the pressure up.
That's what this show does, folks, and I am proud
of it. Go with a sure thing Denver's best Rufer
excel roofing dot com. You don't pay a cent until
you're contenth time for an insurance checkup free no obligation.

(34:58):
In comparison, call Compass insurance paying too much your coverage
at dozens of insurance companies find out now three oh
three seven seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two.

Speaker 8 (35:16):
Yeah, Rip.

Speaker 2 (35:23):
New need advice, So you don't have.

Speaker 3 (35:29):
Come running sus fast as we can.

Speaker 2 (35:32):
Shooter's gonna help.

Speaker 3 (35:34):
Come, man, this is.

Speaker 1 (35:37):
The Troubleshooter Show.

Speaker 4 (35:39):
Now, Tom Martino, Hi, Tom Martino here, Welcome to the show.

Speaker 1 (35:44):
Three oh three seven one three talk.

Speaker 4 (35:46):
Seven one three eight, two five five, or as you
can see right there, three oh three Martino three oh
three six two seven eight four six six. So I'm
gonna go to a few calls and come back if
we still have those other calls, I feel sorry.

Speaker 1 (35:59):
Okay.

Speaker 4 (36:00):
Kelly, by the way, talked to it Mercedes Benz of
Colorado Springs a guy, Kelly, and we asked him to
We asked people to call. We'll recap that problem. You're
gonna want to hear it. I swear to God, you're
going to want to hear it. Of all of my
years of doing this, this is one of two of
the worst card deals we have ever seen in our lives,
ever ever in our lives, and probably in the top

(36:23):
five ripoffs in our opinions. Kelly, what did Mercedes Ben
say to you?

Speaker 15 (36:30):
Well, I called him about twenty minutes ago and I
got through to the operator and I said, hey, you
know Tom Martinez was kind of dinging you guys on
the radio. And she said, it's all lies. Everything that
they're saying is a lie.

Speaker 4 (36:47):
I said, well, you know, rain Raina, can you believe
they're saying it's an absolute lie?

Speaker 7 (36:51):
I cannot believe that. I cannot believe that because I
have the paperwork right here. I have the paperwork that
actually shows none of this is a lie.

Speaker 4 (36:58):
Listen, this is not a presidential campaign. We actually have
stuff here. We're not just calling names. My god, right,
So he go ahead.

Speaker 1 (37:07):
Or she wanted me to to.

Speaker 15 (37:08):
She wanted me to talk to a guy named Tyler,
but you know, I wasn't going to talk to him
unless I had paperwork in front of me.

Speaker 4 (37:16):
So yeah, I'm gonna I'm gonna give that to you.
I'm gonna give all that to you. I'm gonna put
it up on YouTube. You take a screenshot. I am
I'm gonna put it up full screen on on YouTube.
I'm gonna put the deal up, so thank you, Jim.

Speaker 1 (37:32):
What did they say to you? Jim called as well,
and what did they say to you? Jim? I called,
and I went and went to sales, and Nathan picked up,
and Nathan immediately told me, don't believe everything.

Speaker 16 (37:46):
You hear on a talk radio program and then hung
up on me.

Speaker 11 (37:50):
That was it.

Speaker 1 (37:51):
Yeah, well, aren't they gonna look stupid?

Speaker 13 (37:55):
Yeah, you know, then tell us the other side of
the story. Come on the show.

Speaker 1 (37:59):
We could possibly be the other side of the story. Yeah,
he bought his vehicle back that he owe nothing on
and now own owes over thirty thousand dollars on it.

Speaker 13 (38:11):
Just an armfuleek transaction.

Speaker 1 (38:13):
And how it happens, and who the victim is I
want to know. Tell them we want to hear the
other side. Tell them to call us. We want to
hear it.

Speaker 4 (38:24):
I'm putting this up, folks. I'm putting this up soon
for you to see on YouTube.

Speaker 1 (38:29):
I have a whole I have a whole thing here.
I'm preparing. We're going to get all the.

Speaker 10 (38:34):
Paperwork to you in the form of a PDF at
some point today as well.

Speaker 1 (38:38):
Well, yeah, no, no, we will. But I want to
do this mark right now. I swear to you because
this lays it out, This lays it out.

Speaker 4 (38:47):
For everyone to see. Now, I'm and this is a deal.
A dying man, by the way, a dying man on
on chemotherapy. And he doesn't even okay, does does anyone?
Does anyone believe that man has this full capacity? And

(39:10):
I'm not insulting him. He's right with us in the studio.
How old are you, sir?

Speaker 1 (39:15):
Tell you how long we're getting him on?

Speaker 12 (39:20):
Yesterday?

Speaker 13 (39:21):
Seventy five?

Speaker 1 (39:22):
Yesterday, seventy five years old? Yesterday?

Speaker 12 (39:27):
Pretty good?

Speaker 1 (39:29):
Yeah, other than cancer? Right now? Are you going to
beat this cancer? I mean seriously? Yeah, don't give up? Yeah?

Speaker 3 (39:36):
Yeah, how is it going?

Speaker 12 (39:38):
Long past when they told me I wouldn't be here?

Speaker 1 (39:41):
So good good.

Speaker 12 (39:43):
I wasn't supposed to make Thanksgiving last year, and I'm
doing real good good nurses cure. But I turned this
in over with the Lord.

Speaker 1 (39:51):
That's that's what you do. Okay, So let's turn.

Speaker 4 (39:59):
Yeah, everything everything we're gonna we're gonna look at We're
not going to give up on this. They say everything's
a lie. People, I want you to remember that when
we find out the truth.

Speaker 1 (40:09):
Okay, I want you to remember that, when we find
out the truth, I want you to remember what they said,
that it was all a lie, because when we find out.

Speaker 4 (40:18):
The truth, that we're telling you the truth. Okay, I'm
gonna how about this. I'm gonna stake my reputation on it.

Speaker 1 (40:23):
How's that? How's that go ahead?

Speaker 12 (40:26):
Certain? When I talked to him, I just I just
want my title back, when my car back. And they said, well,
there's fees. And I said, well, you got five grand,
but they did give me forty I think cash. I
don't remember the figures.

Speaker 1 (40:41):
Well, what do you mean cash? What what do you
mean cash? What is he talking about?

Speaker 12 (40:49):
I don't know.

Speaker 1 (40:50):
Did I say forty gave him some cash?

Speaker 12 (40:54):
Well, they gave me a cash check for forty one ducks?

Speaker 1 (40:57):
When was this? Oh, and do you know about that? Raina?
We should be we should include that in take away
from his losses?

Speaker 6 (41:05):
Yeah, we should definitely include that.

Speaker 3 (41:07):
Was that?

Speaker 13 (41:07):
Well one of them?

Speaker 1 (41:08):
When did they give When did they When did they
give that? Yeah? When did they give that to you?

Speaker 12 (41:12):
I called and asked what it's for? It was probably
about two or three months ago. I suppose so as.

Speaker 4 (41:20):
You randomly got this check from them for how much
I want to subtract it from your loss.

Speaker 12 (41:25):
The best memory I have is forty one hundred and something.

Speaker 1 (41:28):
It was probably some of those service contracts that he
sold them on the Mercedes.

Speaker 13 (41:32):
Yeah, I mean it kind of auto cancels itself when
they take it back into inventory and he stops having
an ownership.

Speaker 1 (41:40):
Interest in it.

Speaker 7 (41:40):
Right, So most of the service contracts say that you
have to actually cancel it, so affirmatively cancel it with
the service contract company in order to get any sort
of proration back, and if you don't, then you lose.

Speaker 1 (41:54):
Was it but was this back? So but if he
had a net back, they sent him a check back,
so he we have to subtract that.

Speaker 13 (42:03):
If he if he literally got forty one, they were
only screwed in by the tune of twenty nine thousand.

Speaker 1 (42:08):
Come on, that's kind of what I'm gonna Well, I'm
going to still include it.

Speaker 12 (42:15):
Just one of my title back then, so complicated. I
know it was a They told me to bring it
back in if I didn't like it. I brought it
back and they anyway, I.

Speaker 1 (42:27):
Messed up, and they sold you your vehicle back that
was paid off.

Speaker 12 (42:32):
Good negotiator.

Speaker 13 (42:35):
What if your car had been gone, whostled out and gone,
what would they have done?

Speaker 5 (42:39):
Then?

Speaker 1 (42:40):
Probably sell him a new BMW or something.

Speaker 13 (42:42):
Yeah, he sort of looked like a give that number out, Mark, give.

Speaker 10 (42:48):
That mark number up Mark. Yeah, it's simple, folks. In fact,
when you call up, just ask for Bill Bill Stanton.
Apparently he's locked in his office according to some other callers,
but he's a GM. We understand he possibly owns twenty
five percent of this business and everything about this is wrong.
Be nice when you call up, but please help us out.

(43:09):
This is a community approach. Seven one nine six three
nine twenty two sixty eight. Seven one nine six three
nine twenty two sixty eight. Please ask for Bill Spanton
and we'd love for him to come on. We would
love for him.

Speaker 1 (43:25):
I'd love to hear his side.

Speaker 10 (43:27):
I'd love to hear how this old man in front
of me is lying quite frankly, I'd love to hear
about it.

Speaker 1 (43:33):
Yeah, we're going to continue this, I mean because.

Speaker 12 (43:37):
I'll stand by it. I told him looks months ago,
so I said, I just will let.

Speaker 1 (43:44):
Me see that again. Yeah, anyway, we have more. I
want to start with this one here and then we're
going to come back to it.

Speaker 4 (43:51):
So Pam, let's start with Pam, Pam uh and people,
I will recap the whole phill long deal and give
out that number.

Speaker 1 (43:59):
Pam, what's going going on with you? Pam? Hi?

Speaker 5 (44:01):
Tom?

Speaker 11 (44:02):
We go back. It a long way from Father John
and Laurie. So you know how long I've been listening
to you.

Speaker 1 (44:06):
But oh my god, thank you, Pam. What's going on?

Speaker 11 (44:09):
It's something so sweet from my son. Father John took
him to a Bronco game.

Speaker 5 (44:13):
It was a long time ago. But anyways, here's what
I need and I'm sorry for this, and I hope
you can get it all settled for him. Say listen,
but ten days ago, I was shopping.

Speaker 11 (44:22):
At King Supers and I did this stupid thing. I
answered my phone and put my phone in my purse
forgot to zip it up, had it in the child's seat,
probably bent down to pick up some can goods, and
somebody lifted my wallet out of my purse at King
Supers here in Lakewood.

Speaker 5 (44:38):
Didn't know what was gone till.

Speaker 11 (44:40):
I got up to the front of the you know,
Chechstan and where, well, where's my wallet? So I have
a woman with me and we went out in the car.

Speaker 5 (44:49):
I was hoping it was in the car.

Speaker 3 (44:50):
It was not.

Speaker 11 (44:51):
Long story short, somebody lifted it out and probably within
ten minutes of taking it out, charged over two thousand
dollars worth a visa to one hundred dollars visa cards
on it, plus plenty more plenty plenty right.

Speaker 1 (45:02):
Right right from that King Supers, Yes.

Speaker 11 (45:05):
Right from in the side of the store at the
King Supers by the donut department.

Speaker 1 (45:09):
How much? How much did they charge?

Speaker 8 (45:12):
Well, they got it.

Speaker 5 (45:13):
They tried nine eleven times to use my card was in.

Speaker 1 (45:16):
Here's what I care about. How much did they actually charge?

Speaker 5 (45:19):
Two thousand?

Speaker 11 (45:20):
But what I what I want to say right away
is West.

Speaker 5 (45:23):
Earrah was my debit card, and they've been very good.

Speaker 11 (45:26):
And I've gotten fifteen hundred dollars back from them. Old
maybe is five.

Speaker 5 (45:31):
Hundred dollars waiting to hear, but I don't think so.
But what I called you for is because I just
give your advice. They have everything. They have my wallet,
they have my drave advicens. They so I don't all that.

Speaker 11 (45:42):
I've gone to get a new one and what should
I do? Shit? Was it your recommendation that I should
find an identity fraud company so that I can monitor it.

Speaker 1 (45:53):
Well, the first thing you need to do, okay, And
that's all they do is monitor. They don't protect. They monitor.
I want to make that clear. The best protection, the
best protection.

Speaker 4 (46:03):
First of all, you know, obviously you cancel all those accounts, okay, right,
and then you have to do a credit freeze on
all three credit bureaus. Now a credit once it's on
the main ones, that's all accounts, a credit freeze. Now
I have a credit freeze that I turn on and off.

(46:24):
Now why do I turn it on and off? If
I apply for a loan and they go to get credit,
it'll come back no credit available, okay, So nothing will
ever be approved.

Speaker 1 (46:36):
And they tell me you either have a freeze or
you have no credit. So I have to go in
with a pin number. You go online, and I can
do that instantly. I can turn it on and turn
it off. I can turn it on and predesignate when
I want to turn it off. I can turn it.

Speaker 3 (46:52):
You can do it. You can.

Speaker 4 (46:54):
It's a wonderful application online, but you got to make
sure you get the right one.

Speaker 1 (46:59):
And that's what you do you want me to do well, okay, okay,
to tell you.

Speaker 4 (47:06):
That I use the actual credits, but I know how
to read the URL to make sure I'm not getting
a mirrored site. A mirrored site is one that looks
like that, and what they do is when you put
in a freeze, they take your information. So I want
to just make sure that I'm trying to find this here, dear,
I really want to find this so I can I
can tell you the right thing.

Speaker 1 (47:27):
Credit ops. It's called I have it on my my
thing here. Hold on.

Speaker 4 (47:31):
So for the credit freeze, you have to okay, you
have to go for the credit freeze on each one.
So you go to TransUnion and it's simply www dot
TransUnion dot com.

Speaker 1 (47:47):
Okay, and then look for credit freeze.

Speaker 4 (47:50):
Then you go to then you go to equifacts and
that's my equifacts dot com.

Speaker 1 (47:59):
My eq U I F A X dot com. Got it.

Speaker 4 (48:06):
The next one is USA dot Experience dot com.

Speaker 1 (48:15):
Now on each of these you're going to have to
establish an online account, okay.

Speaker 4 (48:22):
And when you establish an online account, you can then
drill down or search or figure out how to put
on a freeze.

Speaker 1 (48:29):
The freeze will be assigned a pin number except for Equifax. Equifax,
if you log onto your account because they do two
party verification, they're going to let you freeze and unfreeze
by simply logging on the other ones. Want to know
your pin number?

Speaker 5 (48:45):
Okay and try it.

Speaker 4 (48:47):
Let me know what you find out. I got to
take this break. I'm Tom Martine. Please hang on, Jack,
I know you talked to that dealership. We're going to
recap that deal and do more right after this on
the Troubleshooter Show.

Speaker 1 (48:57):
Let me explain this.

Speaker 4 (48:57):
Frank drandreal estate Man dot com will do market valuations
of your home for the asking, No long term contracts needed,
no obligation. If you want to know what your house
is going to sell for, he will do a complete
analysis free of charge.

Speaker 1 (49:10):
Three oh three nine two zero sixteen twenty two.

Speaker 4 (49:18):
Go with a sure thing Denver's Best roofer Excel Roofing
dot Com. You don't pay a cent until you're content
than 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.

Speaker 1 (49:38):
You'll think you're his only customer.

Speaker 4 (49:40):
When you choose Frank durand the real estate man dot
Com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino
here three O three seven one three talks seven one
three eight two five five.

Speaker 1 (49:58):
Did they leave the studio?

Speaker 3 (49:59):
F good?

Speaker 1 (50:00):
Or are they coming back?

Speaker 14 (50:01):
Oh?

Speaker 1 (50:01):
They're going to come back. He had to use the restaurants. Okay.

Speaker 4 (50:05):
Anyway, I'm going to put up a doc I want
to recap this story, and I want to tell my
call o John.

Speaker 10 (50:12):
Literally he just went through both sales contracts, so if
you have any questions.

Speaker 1 (50:17):
Literally he's staring at him.

Speaker 4 (50:18):
I want to call it Jack talk to Mercedes of
Colorado Springs, and I want.

Speaker 1 (50:24):
You what did they say? Jack?

Speaker 9 (50:29):
We just lost him.

Speaker 2 (50:30):
Sorry.

Speaker 1 (50:32):
All right, I'm going to recap the deal and then
I'm going to put it up. While i'm recapping it,
I actually found all kinds of cool stuff I can
do with this program. So all right, It's up on
YouTube right now and it's full screen and I'm going
to be reading from it here.

Speaker 4 (50:50):
It is a dying man on Chemotherapy wanted to buy
and by the way, let me let me explain this.
I want people to hear this because Phil Long said,
this is all a lie. Phil Long, Mercedes Benz, whenther
you call, they say it's all a lie.

Speaker 1 (51:07):
Do not believe it? Okay? So I want everyone to
know that's what they're saying. It is a lie and
it did not happen, or it did not happen this way,
or something is a lie.

Speaker 3 (51:20):
Hey, Tom, Hey, Tom.

Speaker 9 (51:22):
So I did briefly speak with Jack, who was going
to tell you that.

Speaker 6 (51:26):
Right now.

Speaker 9 (51:26):
They're in an emergency meeting going over this.

Speaker 1 (51:30):
Keith, Now, let me just say what this is right now? Okay.

Speaker 4 (51:34):
So, a dying man on chemotherapy literally can hardly speak,
seventy five years old wanted to buy a Mercedes Benz
to take a dream trip to California.

Speaker 1 (51:47):
To see the ocean what could be his last time.

Speaker 4 (51:52):
He went to Colorado Springs Mercedes Benz owned by Phil
Long and this other clown what's his name?

Speaker 12 (51:58):
Mark?

Speaker 1 (52:00):
Are you talking the GM? Bill Stanton? Bill William okay,
William Stanton and bought a two eighteen twenty eighteen s
five point fifty. Here's what he did.

Speaker 4 (52:14):
He traded in a free and clear twenty twenty Toyota
avalon the value twenty five thousand dollars, paid five thousand
dollars down, and walked away with a thirty nine thousand
dollars loan. A grand total for that car, that Mercedes
sixty nine thousand dollars.

Speaker 1 (52:33):
Now, let me explain something. I am not even saying
that selling a car for sixty nine grand is unconscionable.
That car, it is a little overpriced. But you know
what I'm gonna say this, That's not what I'm upset about. Okay.
So his net was sixty nine grand on that car.

(52:55):
Sixty two now sixty two? Okay, tell me how, because
I'm taking these figures six times, but I want to know.

Speaker 4 (53:05):
Here's he's got the contracted I want to know. I
want to know because I want to be very accurate,
and I'm going to amend.

Speaker 1 (53:10):
This as we go. So tell me.

Speaker 13 (53:12):
Okay, So sales tax titled the dealer delivery handled the
whole nine yards on that car was thirty thousand, five
hundred and sixty four dollars, okay, or I'm sorry, not
fifty thousand, five hundred and sixty four dollars and eighty nine.

Speaker 1 (53:30):
John, I don't want to do math on the air.
Here's what I want to know. I want to know this.
I want to know this. Did he put five thousand down?

Speaker 13 (53:37):
Yeah? Yeah, yeah, yeah, So I'm telling us just fifty grand, Tom.

Speaker 4 (53:40):
And then was his loan thirty nine thousand, yes, okay,
so that that equals right there forty four. Now did
he have a value of approximately twenty five on him?

Speaker 13 (53:51):
Yeah? No, he had a twenty thousand dollars trade in
a five grand of cash, so a net of twenty
five thousand to his side.

Speaker 1 (53:57):
Of the Okay, So that's where I'm out five because
they've but because they granted him twenty doesn't mean his
car was worth twenty.

Speaker 13 (54:03):
Well, no, that's not necessarily the ATV, but that was
the book value of the case in the deal. So
he came out here with twenty five on his side
of the equation. But on top of all that, they
plus thirty nine thirteen thousand dollars worth of maintenance and
extended service contract. Okay, So that's how you get to
a grand wopping some total of thirty nine thousand dollars

(54:26):
of debt plus his car at twenty plus his five
thousand dollars in cash.

Speaker 1 (54:32):
Thank you. That's what I needed to know. Yep. So
so if you add up the five in cash plus.

Speaker 4 (54:37):
The thirty nine thousand dollars debt plus plus twenty twenty, okay,
I was off. You're right, and that's what I want
to do. I want to be very so instead of
sixty nine, thank you, sixty four. Now let's move on.
So now he changed his mind, did not go to
California and wanted his car back.

Speaker 10 (54:55):
Well, oh, well, there's a caveat to that. It wasn't
necessarily that more than it was. He got his first
what do they call it, to voucher for payment. I'm
talking to his attorney, and he realized how much he
was going to have to spend each month and there
was no way he could crack his nut.

Speaker 1 (55:11):
Am I correct in saying this? Okay?

Speaker 4 (55:13):
Okay, he changed his mind, did not go to California
and wanted his car back.

Speaker 1 (55:20):
Yep. I think that's a correct statement. It is correct, Okay.
I'm trying to summarize this for people to look at.

Speaker 4 (55:26):
And therefore, he traded in the twenty eighteen s five
point fifty, put forty seven hundred dollars down and had
a loan of twenty four eight seventy five to get
his Avalon back at a grand total of twenty nine
to five seventy five.

Speaker 1 (55:41):
Now, now his net loss. I gotta do this accurately
now because I had a little off.

Speaker 4 (55:48):
So his net loss is five thousand dollars he originally
put down plus forty seven hundred dollars he put down
on the Avalon, plus twenty four thousand and eight seventy
five new loan on his avalone, and then I'm going
to subtract forty one hundred he got back in a
check for a net loss of thirty thousand and four

(56:08):
to seventy five for dealing with these people for one month?

Speaker 1 (56:12):
Correct, you got it?

Speaker 3 (56:13):
Yep?

Speaker 1 (56:14):
Thank you? Yes?

Speaker 10 (56:15):
Or even better, he walked in with a car that
was totally paid off, didn't owen Nickel on it, and
thirty days later he has that same exact car back
in OHS thirty thousand dollars right right.

Speaker 4 (56:27):
So the point is this, did he put did they
lose thirty thousand and four to seventy five that this
man needed to make.

Speaker 1 (56:36):
Up because he used that Mercedes for a month. That's
the point.

Speaker 4 (56:41):
So that's the deal, folks. I corrected it live on
the air. As we're on the air, we want accuracy
there it is.

Speaker 1 (56:48):
I'm going to leave it up and I'm going to
take some comments and then well we'll and we haven't
forgotten other problems, quessions and complaints. So I want to
hear Jay, you have a question on this deal. Go ahead, Jay,
right Tom.

Speaker 16 (57:02):
I'm just wondering there's there's got to be some banks
involved in this. Did they not see this being crazy?
And how did they de Sorry, this was okay for
them to to make these loans.

Speaker 1 (57:14):
And I can tell you how that works usually. Usually,
usually what banks do is they concern themselves with recourse,
what if it defaults, And then they look at Phil
Long's default rate or a dealer's default rate, and let's

(57:34):
say they have a two or three percent default rate,
then they let it fly. But let's say they have
a five or fifteen percent, five to ten whatever, then
the dealer has to take what's called recourse. And that
means that if there is a default on the loan
within the first so many days, the dealer agrees to
make good on it and repossess and do all the

(57:55):
stuff and guarantee the loan and that's usually that's usually
three to four months of perfect payments.

Speaker 4 (58:02):
So while we would want the banks to get involved,
they don't. The banks want to make loans, the banks
want to.

Speaker 16 (58:10):
Make long how that could possibly have gone. They really
need to do something about it. But if not, maybe
he should just bankrupt out on him.

Speaker 1 (58:21):
Well, yeah, it's a secure note.

Speaker 13 (58:25):
It doesn't work.

Speaker 1 (58:26):
I mean, he wouldn't have a vehicle. Then they'd end
up with his car, right exactly.

Speaker 7 (58:34):
And I will say that I and T who's the
lender on the avalon, when he told them and called
them about the deal, they actually did the right thing.

Speaker 6 (58:41):
They put his payments on pause for the last three months.

Speaker 7 (58:44):
So it's the last three months he hasn't happen to
make payments because of how kind of shady.

Speaker 1 (58:48):
Now I want to I want to say this about
Phil long she went listen. Of course it is it's
a person at risk, not elder abuse. But it's called
taking advantage of a person at risk. But here's and
we're going to go for that. We're going to go
for that.

Speaker 4 (59:00):
But what I want to say, and what's really important
is that people know that this attorney tried to talk
to them and tried to negotiate this and tried to
make it so it wasn't terrible.

Speaker 1 (59:15):
And they have not called her back, and they have
ignored her. They have ignored her. So it's it's how
many times have you reached out?

Speaker 4 (59:24):
Oh?

Speaker 6 (59:25):
Countless, I've reached out countless times.

Speaker 7 (59:26):
We were playing phone tag, so Tyler Harp over at
Colorado Springs. We were playing phone tag a little bit
for about a week and then he stopped calling me back.

Speaker 6 (59:34):
I kept calling, calling, calling.

Speaker 7 (59:35):
And finally at the end of it, I said about
probably about four or five times after I said, look,
I got to take the next step if you're not
going to call me back, And he didn't. And I'm
not the only one who tried, right, My client Ron Simpson,
also tried.

Speaker 1 (59:47):
Ron, how many times did you try hit the button? Plase, Yeah,
you're good.

Speaker 12 (59:53):
Yeah, at least four or five. And I kept get
different people that are very nice. They just did pretty
much all ignored me.

Speaker 1 (01:00:01):
He still calls him very nice. Listen to this, man.

Speaker 12 (01:00:04):
Knows I even made an offer.

Speaker 1 (01:00:09):
You don't make any offers anymore.

Speaker 12 (01:00:10):
For the Mercedes bands. It's just in fairness. I'll give
you your advertised price, and I wrote it along hand.
I gave a copy to my attorney. I tried to
negotiate and talk to him. I didn't get anybody.

Speaker 1 (01:00:24):
What did you mean by you?

Speaker 10 (01:00:25):
Just said sommer, I'm curious about you said you tried
to give him the advertised price?

Speaker 3 (01:00:29):
What was that?

Speaker 12 (01:00:31):
I don't remember.

Speaker 7 (01:00:32):
Okay, okay, I think I think he wanted to give
the advertised price for the Avalon.

Speaker 12 (01:00:37):
No, I did not. I did not need any of
this crud, all the add on service contract and the
Mercedes bands. I offered to buy back if it would
appease their little bastards. And I said, here's your price.
I'll pay it for you somehow. I mean, but this

(01:00:58):
is this one isn't right. I'm paying. I'm making a
payment on my own car that was free and clear,
and you haven't told me why. I'm learning right now.
But I tried to work with them four or five times.
They're very nice, but I got Brian, and I think.

Speaker 1 (01:01:15):
Stop calling him nice, jeez. Stop.

Speaker 10 (01:01:19):
In my opinion, they put the Joki doke on you,
big time man. No matter how you look at it,
they totally bent you over and screwed you. They they
totally totally took advantage of you. They saw you walking
in and took advantage of you.

Speaker 12 (01:01:33):
Well, the things I just didn't want to work, sit
down and negotiation.

Speaker 1 (01:01:37):
You can barely walk by the way, Tom. You know,
thank god we have this show right now and we're
not going to let this go. This will be the
topic of my show.

Speaker 4 (01:01:52):
Now. I don't mean the whole show, but this will
be on the show every single day. Every single day.

Speaker 12 (01:02:00):
I went hired you, Tom, I prayed on it. Yeah,
and that is a lot kind of broke or anything.
I mean, I've worked as a teacher. I have an
okay income, but it's just not right. I taught history,
I was a guidance counselor, I was a principal, as
a superintendent. I taught at all levels Los Alamos, mostly

(01:02:24):
small schools as a superintendent.

Speaker 1 (01:02:26):
For you, how'd you find out about RAINA.

Speaker 12 (01:02:29):
Just word of mouth. One of my students' daughters worked
at the civil court what did you call it?

Speaker 6 (01:02:38):
Small claims court?

Speaker 12 (01:02:40):
And I couldn't get in there because there's they're on
Addresser County and uh so I started coming up here
and she said, we'll try this number. I probably shouldn't
say that because I don't think she's supposed to give
out advice, but anyways, she's just giving me people's names.
And she said, well, well here here's anyway he did.

(01:03:03):
I prayed on us. You popped into my lock because
I'm pretty well tapped rated.

Speaker 1 (01:03:09):
Do you specialize in car deals? I mean, how do
you come into focus on this?

Speaker 3 (01:03:14):
Yep?

Speaker 7 (01:03:14):
So I'm a Lemon law and auto fraud attorney, so
all I do is focus on this is what you do.
That's what I do, right, And I just want to
just just interject this in here. When I did speak
with them, they said that they would refund his service
contract from the last deal. So they did say, okay,
we're going to refund you. I think it's forty seven
hundred for that.

Speaker 1 (01:03:32):
Well, they gave ed forty one hundred, so that could
have been in that could have been in.

Speaker 12 (01:03:35):
Remembering that role and I'm sorry, I'm sorry. I didn't
mean well, no, I interrupted you, but it was it
might have been forty seven. I don't remember.

Speaker 7 (01:03:45):
Remembers as well as so anyway, Yeah, so anyways, they
did try to make it right.

Speaker 4 (01:03:49):
But when I try to follow up, wait, wait, would
you have been satisfied with that making.

Speaker 1 (01:03:54):
Maybe not because of course not.

Speaker 3 (01:03:55):
Yeah.

Speaker 7 (01:03:56):
When they told me that, I said, I called him
right back and I said, what else are you going
to do?

Speaker 6 (01:04:00):
Fine?

Speaker 7 (01:04:00):
Great, thank you so much for refunding the service contract.

Speaker 6 (01:04:02):
They own a.

Speaker 1 (01:04:03):
Vehicle that he'll never use, right because he doesn't own it, right, thank.

Speaker 6 (01:04:06):
You for doing that.

Speaker 7 (01:04:08):
And also not all of it, right because a thirteen
thousand was a full service contract on the Mercedes.

Speaker 6 (01:04:13):
So anyways, thank you so much for doing that.

Speaker 10 (01:04:15):
But on the car that he traded back in, he
had thirteen grand of mop and glow and they gave
him a little over four back on it or forty
seven whatever, right, and.

Speaker 6 (01:04:23):
Then the new service contract on the app that's where.

Speaker 1 (01:04:25):
They made it back again.

Speaker 3 (01:04:28):
Once.

Speaker 1 (01:04:29):
Yeah, I'm saying they sold him the service contract down
his own vehicle.

Speaker 6 (01:04:32):
Oh right, they made it back again exactly.

Speaker 1 (01:04:34):
Yep, yep, yep. I did want to say this. It's
just crazy.

Speaker 12 (01:04:39):
They're pretty good.

Speaker 1 (01:04:42):
Yeah, And anyway, here's the deal. We have a situation
that we're not going to let stand, and I think
people need to do something about it. I think they
need to call and let people and let just let
them know you're never ever ever going to accept this ever, ever, ever,
ever accepted? Now, did I take the thirty Shannon or

(01:05:05):
what did I screw myself on that? I didn't? I am?
I am that far behind and you didn't tell me? Okay,
we got more coming? How can I fix this?

Speaker 4 (01:05:19):
Go with a sure thing Denver's best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three O three seven
to seven to one help. You'll think you're his only

(01:05:40):
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
three nine two zero sixteen twenty two. Hi Tom Martino,
you're troubleshooter three O three seven won three talks seven

(01:06:01):
one three eight.

Speaker 1 (01:06:02):
Two five five.

Speaker 10 (01:06:03):
Hey, I got an interesting text. Yes, maybe you can
explain this real quick. It basically says, what is Tom
talking about? Discovery?

Speaker 1 (01:06:11):
What does that mean?

Speaker 17 (01:06:13):
Oh?

Speaker 1 (01:06:13):
When I when I said go ahead and sue me,
I can't wait for the discovery? It means where you.

Speaker 4 (01:06:20):
Get to probe the other side. Like people always think, oh,
I want to sue that person. They get like really
pissed off and want to sue. Sometimes that happens to
me when I'm on the air over the years, people
want to sue me because they get really pissed. Right, Well,
what happens is they they can get pissed all they

(01:06:41):
want and and uh then when they sue me, I
get to probe them. If they claim they lost money
because of me, I get to see their books.

Speaker 13 (01:06:50):
You kind of kind of dirty today you're talking about
bending over and a lot of probing going on. I mean,
this is a whole new hole of the show.

Speaker 1 (01:06:57):
John. You know what discovery is.

Speaker 4 (01:06:58):
You can explain it better than I can. I mean,
and so can rain arena. If somebody sues you, it's
not a walk in the park. You get to probe
all kinds of stuff.

Speaker 1 (01:07:07):
Go ahead. I mean, either one of you talk about that.

Speaker 13 (01:07:10):
Well, this discovery is a there should be no surprises
in trial is kind of what the concept is. And
so in advance of trial, both sides are given an
opportunity to pose questions on the other side that have
to be answered under oath, and also to take evidentiary
depositions and stuff so that in theory, you know, disputes
have an opportunity to settle because both sides are fully

(01:07:32):
informed before they ever get to the trial.

Speaker 1 (01:07:34):
We gotta break guys.

Speaker 4 (01:07:40):
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 all three seven
to seven help. You'll think you're his only customer when

(01:08:02):
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three all three
nine two zero sixteen twenty two. Hi Tom Martino here
three all three seven one three talk seven one three
eight two five five.

Speaker 1 (01:08:18):
Oh god, I'm so sorry. We're running behind. So, Kathy,
what's your question on your roofing contract. Let's try to
squeeze in here. What's going on?

Speaker 11 (01:08:26):
I'm kind of general contractor contingency agreement and we were
told this was just to authorize them to contact our
homeowner's insurance to start a claim. And get the insurance
of Jester out here and all that sort of stuff.

Speaker 1 (01:08:42):
They lied to you. They lied to you. It's a
it's a full it's a full contract. Wow, what else
can I tell you?

Speaker 13 (01:08:53):
They lied to you anyway?

Speaker 1 (01:08:55):
So let me well, they should have had by law,
by call Colorado state law, they have to give you
a three day right to rescind on a roofing contract.
Did they do that?

Speaker 11 (01:09:06):
Well, we signed it nine to six September sixth.

Speaker 1 (01:09:08):
So and they told you, they told you it's not
really a contract.

Speaker 11 (01:09:15):
No, they told us. It authorizes them to start talking
to our homeowners.

Speaker 4 (01:09:20):
Well, yeah, and it also authorizes them to be your
roofer right or to designate a rufer.

Speaker 1 (01:09:25):
I want you to. Can you send us a copy?
We have an attorney in the studio.

Speaker 5 (01:09:29):
Yeah, I got it ready to go.

Speaker 4 (01:09:31):
Hold on, hold on, hold on, I want to get
that during the break. John Fuller can look at it.
Three oh three seven one three eight two five five
And don't forget John Fuller's here, personal injury attorney, Personal
Injury coo dot go with a sure thing Denver's Best
Roofer Excel Roofing dot com.

Speaker 1 (01:09:47):
You don't pay a cent until you're content.

Speaker 4 (01:09:53):
Time for an insurance check up free, no obligation in comparison,
call Compass insurance paying too much your coverage? That does
of insurance companies? Find out now three all three seven
seven to one.

Speaker 1 (01:10:03):
Help.

Speaker 4 (01:10:04):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two.

Speaker 2 (01:10:20):
Ripped news.

Speaker 1 (01:10:23):
You need advice?

Speaker 3 (01:10:24):
Who you don't have? Come running just as fast as
we can.

Speaker 2 (01:10:30):
Shooter's gonna help coming.

Speaker 1 (01:10:33):
Man Dick is the Troubleshooter Show. No Tom Martino, Hi.

Speaker 4 (01:10:40):
Tom Martino, your troubleshooter, Welcome to the show. Three O
three seven one three talk three oh three seven one
three eight two five five. Here to help you solve problems,
answer question, take complaints, make your life a little easier.

Speaker 1 (01:10:52):
Whatever it takes, we'll.

Speaker 5 (01:10:54):
Do for you.

Speaker 4 (01:10:55):
So we want to take your calls on anything. He's
got a question on email, and excuse me on a
roofie and she emailed the contract and did we get that?

Speaker 1 (01:11:07):
And did we get John looking at it? I didn't
look at it yet, but I will now.

Speaker 17 (01:11:12):
We got to get it, okay, So you both come
it in your inbox. I need John's email, Well, yeah, okay,
I'll get it to it.

Speaker 1 (01:11:22):
Get that okay.

Speaker 4 (01:11:23):
So on this contract, I'm looking at it and again
we'll just look at this roughly. Now, there's only one
page here, right, that's it. That's all she sent was
this one page, correct, I can read it. I the
insured of the property hereby constitute and a point r

(01:11:45):
JI Professionals the contractor as my contractor in fact, all right,
and an authorized said contractor to act on my behalf
in any means and effect and cure the submitting and
are processing of claims resulting from by the way they been,

(01:12:05):
Are they public adjusters, because that's what they're sounding like,
associated with any manner related to the damage that repairs. Basically,
you've just said, these guys are the they're your contractor, I.

Speaker 13 (01:12:17):
Mean, no matter what they power attorney, you know.

Speaker 1 (01:12:20):
Yeah.

Speaker 4 (01:12:21):
I appoint RJI Professionals to gather and collect all relevant
and pertinent information to be used in connection with the
submission and processing of all.

Speaker 1 (01:12:31):
Claims or potential claims.

Speaker 4 (01:12:36):
This authorization includes, but not limited to, corresponding to my
insurance carrier agents and others, including and not limited to
the manufacturer, government agencies, insurance carriers, and to procure all
documents necessary, and to conduct claims of the property using

(01:13:00):
and expanding otherwise the scope of repairs.

Speaker 1 (01:13:03):
Are these guys public adjusters? No, I think you're contractors.

Speaker 13 (01:13:09):
Just revoke it.

Speaker 4 (01:13:11):
Well, hold on, and it says, in addition to signing
my name to this original contingency form, I hereby grant
authority to these guys, authority and permission to act on
and perform every act or task required, proper or necessary
to exercise the authority.

Speaker 1 (01:13:31):
I give them. You have been basically given them.

Speaker 4 (01:13:33):
I mean, God in Heaven, You've give them a complete
authority over everything, including.

Speaker 1 (01:13:37):
Making your decisions on what kind of roof for any
part of it. Holdowner herebias agrees.

Speaker 4 (01:13:44):
To assist contractor in his efforts in their efforts basically
and to provide complete and accurate information, and to continually
provide information and to allow the contra by the way,
allow contractor to file all supplemental as, stimits, but not
limited to, incorrect measurements, additional damages, code requirements, emergency requirements,

(01:14:07):
additional scope and general contractors, overhead and profit contractor, represents
and warrants that contract or subcontract, contract employees, and contract
personnel will comply with all federal, state, and local laws
requiring licenses, business building permits, coverage certificates required.

Speaker 1 (01:14:26):
Okay, guess what they didn't put a right to rescind in? Here?
Was this signed in your home?

Speaker 5 (01:14:32):
I'm sorry?

Speaker 1 (01:14:33):
What was this signed in your home?

Speaker 11 (01:14:36):
On the porch?

Speaker 3 (01:14:36):
Here?

Speaker 1 (01:14:37):
Okay, let me explain something to you.

Speaker 4 (01:14:39):
There's a law, and I know if John looks it
up that says if you don't get the right to
rescind when you should have gotten it, then then you
have the right to rescind until they give you the
right to rescind.

Speaker 1 (01:14:50):
And it expires.

Speaker 5 (01:14:54):
Okay.

Speaker 4 (01:14:55):
What I mean is I would do what John Fuller says.
I would call him up and revoke it out. Who
are these people?

Speaker 1 (01:15:01):
Who are they?

Speaker 4 (01:15:02):
Do you?

Speaker 1 (01:15:02):
How did you even? Can you tell me how you
picked them?

Speaker 11 (01:15:10):
They came around the neighborhood, knock them on door?

Speaker 4 (01:15:12):
Okay, the worst way, the worst way you could, the
worst way in the world to pick a contractor.

Speaker 1 (01:15:18):
You did it. Why would you do that? I mean,
I'm really curious. I'm not trying to make you feel bad.
Why would you do that?

Speaker 5 (01:15:26):
Well, we need a new roofs and it wasn't just
a roof, it was like windows.

Speaker 1 (01:15:31):
And by the way, you know, they they have some
good Uh, I don't know if it's I mean, they
don't have bad reading.

Speaker 4 (01:15:37):
I'm not I'm not saying they're automatically bad. I'm just
saying I don't like this. You didn't know what you
were getting into.

Speaker 11 (01:15:44):
Well, they told us it was only to uh, you know,
let them talk to our insurance company.

Speaker 1 (01:15:50):
And well, when you read it, did you couldn't you
see couldn't you look at you?

Speaker 8 (01:15:54):
Did?

Speaker 1 (01:15:54):
Read it? Right?

Speaker 3 (01:15:55):
Yeah?

Speaker 5 (01:15:56):
I read it?

Speaker 3 (01:15:56):
Now?

Speaker 1 (01:15:57):
Really? Truly truly? What part of that?

Speaker 14 (01:16:01):
What?

Speaker 1 (01:16:01):
What what you say to you?

Speaker 14 (01:16:05):
What?

Speaker 1 (01:16:05):
I'm sorry?

Speaker 4 (01:16:05):
What did you say when I said didn't couldn't you see?
By the couldn't you see that? It was way more
than just talking to your insurance company?

Speaker 11 (01:16:13):
Yeah, when I actually looked at it. Actually, my husband
signed it, and I'm much more lerious contracts than he is.

Speaker 1 (01:16:21):
It says Kathy and Mike.

Speaker 11 (01:16:23):
Yeah, but he's the one that signed it.

Speaker 5 (01:16:26):
Yeah, I'm not.

Speaker 1 (01:16:26):
Even sure if this is a signature. Is this a signature? No,
I'm saying, is void, unenforceable. Did you hear what John saidiculous?
It's ridiculous. It's ridiculous.

Speaker 13 (01:16:36):
It doesn't even talk about damage to your roof from
a storm or any particular you know, peril. It's just
the most general, overbroad crap thing I've seen and listen
a really.

Speaker 1 (01:16:48):
Long time, and I agree with John Fuller.

Speaker 4 (01:16:51):
Now, did you, by the way, call them and say
you want to cancel or write them and tell him
you want to can we'll do it?

Speaker 8 (01:16:58):
Do it.

Speaker 1 (01:16:59):
I'm not saying you don't want to use them. Actually
I don't. I wouldn't, but I just don't like the
way they did business here.

Speaker 11 (01:17:04):
But you need to do I don't either, especially if
they lied to us.

Speaker 4 (01:17:09):
Well, I don't know you're saying they lied to you
based on this contract. They were pretty clear on what
they were going to do and you signed it, So
I can't say that they lied to you.

Speaker 1 (01:17:20):
You know what I'm saying.

Speaker 13 (01:17:22):
Yeah, there's no there's no scope, there's no term, there's
no right to revoke, there's no terms there and there's
nothing there's nothing. It has to have a I mean
to the extent that this maybe could be construed as
like a power of attorney, which it almost seems like
it is. It absolutely has to be revocable upon notice.

(01:17:48):
So I mean, just I would write them a one
line thing saying, you know, this document that we signed
is hereby revoked. Your services are no longer required. You know,
it's nothing.

Speaker 11 (01:18:01):
It's too weird for me. And it gets even weirder.

Speaker 1 (01:18:06):
What's that? What's weirder?

Speaker 5 (01:18:08):
So and on a better business.

Speaker 11 (01:18:10):
Thing, and people were complaining about them. You know, it's
been over a year and things are still.

Speaker 1 (01:18:15):
Not repaired or just the pound sand.

Speaker 5 (01:18:19):
And so I asked, I did ask, you know, hey,
what work will be done this year?

Speaker 11 (01:18:24):
And they said nothing, and it's a long list from
a hail damage storm.

Speaker 1 (01:18:29):
And that i'd call.

Speaker 10 (01:18:31):
You want to have someone that's really going to help
you and walk you through it and do it the
right way, call Matt over at Paragon Services.

Speaker 3 (01:18:38):
Matt.

Speaker 1 (01:18:39):
Matt's a public adjuster. It's completely Yeah, he fights for you,
that you're his client.

Speaker 11 (01:18:44):
But but yeah, but different than.

Speaker 8 (01:18:47):
The state farm insurance adjuster that okay, he goes up again.

Speaker 4 (01:18:52):
Let's explain this, Okay, Public adjusters are different than insurance
adjusters and independent adjusters. The name independent adjusters gives the
false impression. Independent adjusters are hired by insurance companies when
they run short of their own insurance adjusters. Those two
independent and regular insurance adjusters work for the insurance company.

(01:19:16):
Their job is to look at your claim and whether
you like it or not, the truth of the matter
is they look at your claim and try to pay
as little as possible.

Speaker 1 (01:19:25):
Okay, that's what they try to do. Okay.

Speaker 4 (01:19:28):
So now a public adjuster is as the name implies,
they work for the public. So you hire them and
they take a look at what the insurance company said.

Speaker 1 (01:19:38):
And think, oh, you need way more than this. You
need this, you need this, you need this, you need this.
As a result of that.

Speaker 4 (01:19:47):
You then get more money and they take a small percentage.
Usually you can't get near as much as you can
on your own. It's just like hiring a personal injury attorney.
I mean, they take a percentage of what they collect,
but they almost almost always when they're good, like John
Fuller here, they collect more.

Speaker 1 (01:20:03):
So that's what they do. You don't always need.

Speaker 4 (01:20:05):
A public adjuster unless you have multiple areas of damages. Now,
a good roofer like Excel Roofing would come to your
house and they would say, you know what, I would
call a public adjuster because you have way more than
roof damage.

Speaker 1 (01:20:21):
Because they know and they can recognize it.

Speaker 4 (01:20:23):
A bad roofer will say we'll take care of it all,
and not that they won't, it's just that I think
when it gets into multiple areas, meaning roof siding, windows,
and different things, a public adjuster will probably get you
more money than any individual roofer or contractor could. So

(01:20:45):
did that company RJI that tricked you into signing this?

Speaker 1 (01:20:50):
Did they? And I shouldn't use the word trick? Who
got you to sign this? Did they say you have
multiple areas of damage?

Speaker 5 (01:20:57):
Yes?

Speaker 1 (01:21:00):
And then you may want to call.

Speaker 4 (01:21:01):
Matt and get started there, but first rescind this contract.
And I'm not even sure these people are licensed marked
to do what they're.

Speaker 1 (01:21:08):
Doing, don't.

Speaker 10 (01:21:09):
I'm not sure you have to be licensed as a
public adjuster in Colorado. I'm not sure. But I don't
know what these people are trying to do by that agreement.

Speaker 13 (01:21:20):
They're just can we get you know what?

Speaker 1 (01:21:25):
Can we get Matt on the line? I think sure
can get paragra in order to negotiate with an insurance company.

Speaker 4 (01:21:31):
I think they're special licensing and I don't think a
roofer can do it technically except in the scope of
the roof. So these people doing a contract like this,
it looks a lot like a public adjust They look
like if you go to their website, they look like
their general contractors.

Speaker 1 (01:21:48):
That appears to be what they.

Speaker 4 (01:21:50):
Do, but it doesn't appear as if they are public adjusters. Again,
we're telling you what we think you should do. You
can take it from there and call us back. I
need any help. I gotta take a break. Meanwhile, let's
get mad on to talk about this in general. Three
oh three seven one three talk seven one three eight
two five five Go with a sure thing Denver's Best

(01:22:17):
roofer Excel Roofing dot com.

Speaker 1 (01:22:19):
You don't pay a cent until you're content. Wait time for.

Speaker 4 (01:22:25):
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 when you
choose Frank durand the real estate Man dot com to
list your home with Remax Alliance three oh three nine
two zero sixteen twenty two. Hi Tom, Artino here three

(01:22:50):
O three seven one three talk seven one three A
two five five.

Speaker 1 (01:22:54):
Let's talk. Suzanne's on Sues and she has a update.
Go ahead, Sue's what's going on Tuesday?

Speaker 18 (01:23:07):
Up on Friday needing help with a nonprofit organization called
Action and Snacks up in Guilton County. And what they
do is they go around to the community and they
help out eligible folks who need help with fire mitigation
on their property.

Speaker 5 (01:23:27):
Okay, you follow me so far?

Speaker 18 (01:23:29):
Yes, Okay, So I guess Amy's had some trouble communicating
with them to get them out there to do whatever
needs to be done on our property. Well, the guy
that sort of heads off the organization called me over
the weekend and said they've been out to Amy's place
three times. The kind of fire mitigation that she needs

(01:23:54):
is far too dangerous for what their volunteers are equipped
to do. Oh shoot, So really what she needs is
a professional service. I don't know why she came on
saying they haven't called her back and all that, Tom,
but really she needs a professional service to go out

(01:24:16):
there to handle the type of mitigation that she needs.

Speaker 11 (01:24:21):
Son.

Speaker 18 (01:24:22):
Now, they did suggest that she called tempt then they
might have some resources for her. I didn't know Tom
if maybe our listeners would know up some resources or
some grands out there.

Speaker 1 (01:24:36):
You know, I've never heard of I've never heard of
anything like that.

Speaker 4 (01:24:41):
So in other words, she lives in the country or
somewhere near trees and bushes and all that, and needs
to help get.

Speaker 18 (01:24:47):
Her property near Blackhawk. She's up near Blackhawk, I believe.

Speaker 4 (01:24:51):
Okay, And so Amy, you what are your neighbors doing?
I mean, most everyone can afford it?

Speaker 16 (01:24:58):
Is that what it is?

Speaker 1 (01:24:59):
And you can hand is Amy there always is? Yeah,
this is Amy, right or not? Is this the one
you were working with? Sus Amy? I am here, okay,
So tell me what you've done in past years.

Speaker 19 (01:25:18):
Well, number one, I'd like to say, they never called
me back after the last visit, and they said they
could do the nine or ten trees, but the rest
they couldn't.

Speaker 5 (01:25:30):
And as I.

Speaker 19 (01:25:31):
Mentioned to you, they said they intended to take all
the firewoods from those trees and only leave me the
firewood from two down trees that they offered to cut up.
So Steve, I believe, as a gentleman who's the contact,
was not telling you the same thing he had discussed
with her.

Speaker 1 (01:25:51):
Well, okay, but here's what I'm missing.

Speaker 18 (01:25:53):
Can't be a choosers. It sounds like they've done all
they can do to help you.

Speaker 11 (01:25:57):
Yeah.

Speaker 1 (01:25:57):
Yeah, I don't want to get into I don't want
to get into he said. She said, it's not worth
it right now.

Speaker 4 (01:26:02):
I just want to know you were getting free services
from these people and now you can't.

Speaker 1 (01:26:07):
So I need to know did you previously get services
from them?

Speaker 4 (01:26:12):
No?

Speaker 1 (01:26:13):
Okay, So in the past years, what have you done
for fire mitigation in the past years?

Speaker 19 (01:26:20):
I just pick up, I just pulled down.

Speaker 11 (01:26:25):
Okay, and so.

Speaker 1 (01:26:28):
All right, So when you when you learned about this service,
it's a nonprofit service, I guess, yes, sir. And when
you learned about it, what happened? You called them? And
are you saying the only difference was they wanted to

(01:26:49):
take the firewood they got from the trees and you
didn't want them to.

Speaker 19 (01:26:55):
Yes, or I wanted to at least keep saying.

Speaker 1 (01:26:57):
Here, they're coming and doing this free for you, and
you were upset that they wanted to take care in
her house just to hold on, we're leaving something out
though her house is a shack and she really doesn't
have heat during the winter, so that firewood is what
keeps her warm. So I mean, we really do need
that part out.

Speaker 18 (01:27:15):
Oh okay, Well I could call Steve back and ask
him about that, but my understanding was like, yeah, she's
in a mobile home and it's very dangerous the kind
of mitigation she needs done that his volunteers cannot do that,
but it does need to be done. He felt terrible
for her, but he was just a little bummed out

(01:27:37):
that she came on the air saying they've never called
her back because they've been to her house.

Speaker 4 (01:27:42):
Well, yeah, and that part the bottom line is whether
they called her back or not. They can't do it, okay,
and they're not obligated to they're nonprofit.

Speaker 1 (01:27:50):
So what do we So the question is what do
we do for her? I mean, what do we do?
I don't know.

Speaker 18 (01:27:57):
I mean, well, I know how in Douglas where we're at,
their federal grants available for some mitigation. I don't know
anything about being eligible for it.

Speaker 5 (01:28:06):
Tom.

Speaker 18 (01:28:07):
I'm hoping maybe one of our listeners might know something
about it. That's something that might help.

Speaker 1 (01:28:12):
Her, right, it would help you know.

Speaker 10 (01:28:15):
I think that that what's it called, Susanne the action
and what is it called action. I think they'll bring
you firewood as needed. That's another thing they do. So
if you call them up and need firewood, my understanding
is they'll bring it to you.

Speaker 19 (01:28:33):
Yes, sir, and I appreciate what you do. But I
am telling you from my heart in the name of
Jesus Christ. He's lying a better story.

Speaker 1 (01:28:41):
Okay, But but I don't. I don't care if he's lying.
I mean the guy. The guy thinks they called you back.
You said he didn't. I believe you.

Speaker 4 (01:28:49):
What difference does it make in the scheme of things?
What difference does it make?

Speaker 18 (01:28:56):
I just want you to know that I called you
with Wait, we're not accusing you of anything.

Speaker 1 (01:29:03):
Sometimes people are totally honest and they each have a
different interpretation of what happened. We're not calling you a liar.

Speaker 4 (01:29:11):
All we're saying is this, he said he called you back,
and you say he didn't. I don't care about that.
What I care about now is fire mitigation. But Amy,
if you want to fight about the other thing, go
somewhere else. I care about fire mitigation. If anyone has
ideas for her, let's figure it out. I'm Tom Martinez.

(01:29:31):
We have more coming up. Go with a sure thing
Denver's Best roofer Excel Roofing dot com. You don't pay
a cent until you're content. Time for an insurance check
up free, no obligation. In comparison, call Compass Insurance paying

(01:29:52):
too much your coverage at dozens of insurance companies find
out now three O three seven seven one help.

Speaker 1 (01:29:57):
You'll think you're his only customer when you choose.

Speaker 4 (01:30:00):
It's Frank durand the real estate Man dot com to
list your home with Remax Alliance three oh three nine
two zero sixteen twenty two. Hi, Tom Martino, your troubleshooter
three O three seven one three talk seven one three
eight two five five.

Speaker 1 (01:30:18):
Okay, so we're going to go back to Kathy.

Speaker 4 (01:30:22):
I want to remind everyone we're going to recap this
car deal by the way, UH coming up, but right
now we're on to Kathy.

Speaker 1 (01:30:30):
We couldn't get our public adjuster on.

Speaker 4 (01:30:33):
But we're still convinced that you should cancel this contract
and uh and just start over because you because you
don't feel good about it to begin with, and that's important.

Speaker 1 (01:30:47):
Okay, So really that's what you do.

Speaker 4 (01:30:52):
I want you to call us back if they give
you any trouble, but you can tell them you spoke
to an attorney and the attorney didn't think it was enforceable.
It was too wide, it was too general. There was
no three day right to resin as required by state
law for and federal law for home contracts. And technically
because they didn't put in a three day right to rescind,
that three day rights starts when they give it to you,

(01:31:15):
and no matter what, you're going to rescind it.

Speaker 1 (01:31:16):
So, I mean, and put it in writing. Do you
have an emails right too?

Speaker 11 (01:31:22):
Yeah? I'm writing them now. What's that lawyer's names?

Speaker 1 (01:31:26):
John Fuller?

Speaker 5 (01:31:27):
Okay, yeah, yeah, I.

Speaker 11 (01:31:34):
Can't believe they're just running around here. You know, I'm
going to go talk to my neighbors that also find this.

Speaker 1 (01:31:40):
Yeah, you might want to. In fact, we should. We
should call and see if they have I mean, it's
only fair to call them to see if they haven't,
you know, just want to get We have no idea
if they do good work or not, but their contract.

Speaker 4 (01:31:54):
Yes, in fact, Kina call them. Do we have any
deputies on right now?

Speaker 1 (01:32:00):
Ken doc?

Speaker 3 (01:32:01):
Is he here? Now?

Speaker 1 (01:32:02):
He's on YouTube?

Speaker 4 (01:32:03):
I'm looking at him, Deputy doc. Why don't we call
over there and ask hand dollar or either one. Let's
kachina figure it out. Let's just call over to this company,
give him the opportunity to come on the air and
figure out.

Speaker 1 (01:32:22):
Yeah, we'll do that off the air.

Speaker 5 (01:32:23):
Oh okay, all right.

Speaker 10 (01:32:25):
Now, I will say, if you hire someone that's going
to do three, four or five different things and they're
a good company, I've got no problem with them getting
the overhead and profit and dealing with the insurance company
and everything else. No, if you can't get the work
done in a year, that's a little odd.

Speaker 1 (01:32:42):
Yeah, that's I don't understand it.

Speaker 4 (01:32:46):
So I want to see what they say basically, all right,
because I believe that in Colorado you must be licensed
as a public negotia ciator.

Speaker 1 (01:33:01):
And I'm not sure if that's your adjuster.

Speaker 4 (01:33:04):
Okay, now, I'm just reading from the the from a website.
They must take a Colorado public adjuster examination and have
a filing of license online and go through the a
licensing process. Now, Mark, it wouldn't be the first time
this artificial intelligence.

Speaker 10 (01:33:25):
Well, I guess what I'm saying is maybe technically to
be a public adjuster, and we'll put that in quotes.
But I'm not so sure. You can't do the exact
same thing a public adjuster.

Speaker 13 (01:33:37):
Does for people as a contract.

Speaker 1 (01:33:40):
As a contract, Yeah, of course you can. Yeah, Well
that's what i'm That's what I'm saying.

Speaker 13 (01:33:44):
Yeah, they're not they're not taking on a fiduciary role
on behalf of these homeowners.

Speaker 1 (01:33:48):
They're taking on and we read that contract. Are you
kidding me?

Speaker 4 (01:33:52):
They're not taking on a They're they're negotiating everything.

Speaker 13 (01:33:56):
As the as the agent that's actually doing the work.

Speaker 1 (01:34:01):
I mean, I mean, okay, and many I mean I'm
not gonna look John, you're the one with the law degree.

Speaker 13 (01:34:07):
But yeah, okay, But that that doesn't mean that the
literal language of it doesn't create an agency where they
have a fiduciary duty to act in the best interests
of the homeowner. They only have a duty to act
on the homeowner's behalf in working out you know, issues
of actual cash value, their you know, retainage or whatever

(01:34:28):
else they're doing on these projects.

Speaker 1 (01:34:30):
But it doesn't need I mean, the document fails for
a number.

Speaker 13 (01:34:32):
Of other reasons. It doesn't specify which storm they're dealing with,
which damage, or how long the contract's going to last.
How they're going to be compensated on and all right
to resind, right to rescind. It has so many other problems.

Speaker 1 (01:34:45):
It did, It did have other problems.

Speaker 4 (01:34:46):
Now, my girlfriend said, even if you are a general
contractor who will be doing the work, you cannot legally
negotiate insurance claims on behalf of the property you will
be working on in Colorado unless you are a licensed public.

Speaker 1 (01:35:02):
Now, John the trust. But trust me when I tell
you that this thing has been wrong.

Speaker 4 (01:35:07):
A lot contractors can discuss the details of damage and
cost with insurance companies, but they cannot negotiate settlements and
increase prices.

Speaker 13 (01:35:17):
Well, I mean, every roof contractor in the state other
than probably Excel Roofing. So I'm just gonna cut them
out of the deal here. But every other one of
them says, I'll deal directly with the insurance adjuster to
come to a price that we can all agree with.

Speaker 1 (01:35:30):
How is that any different, Because here's what most roofers do.
They say this is what is needed. They don't say,
I mean, okay, maybe that's what this contract. This is
what is needed. And then if the insurance company says okay,
then that's all they're doing is negotiating what is needed,
not that price different than they claim they're never going

(01:35:51):
to because here's why, here's why.

Speaker 4 (01:35:53):
If if they say, we're going to let you do
the deck, but we're only paying this much for it,
and these guys say it's worth this much and try
to gather information on that, they're negotiating a claim and
a price.

Speaker 1 (01:36:03):
Not what has to be done. If the scope of
work this needs a deck, that's not negotiation. That is
that is describing a scope of work.

Speaker 4 (01:36:12):
I mean, certainly you can see the difference between negotiating
the price and negotiating the scope.

Speaker 10 (01:36:16):
But like Genesis does all that, if they if they
come out there, they're going to look at the siding,
the deck, the roof. They're going to negotiate with the
with the insurance company. F the adjustion has to work
if well, hold on, hold on.

Speaker 4 (01:36:29):
If Mark Schamansky says to them it needs siding, and
this is how much it is, and and the adjuster says,
we only pay this much, and then they start negotiating.
But if the adjuster says how much for the siding,
and Mark gives them a price and they agree to it,
that's not negotiating there is a there is a world
of difference between scope and price and negotiation. There you

(01:36:53):
can't negotiate to get more money for the homeowner. I mean,
that's what this is saying.

Speaker 1 (01:36:58):
Again, if this is right, I'm reading this, adjust think
I am too. I think I am too. Listen to this.

Speaker 10 (01:37:05):
Colorado is one of sixteen states that do not license
insurance adjusters. I understand we're talking about public adjusters, but
I am curious why you would have to be licensed
as a insurance adjuster working for all state to try
to get the price down when you wouldn't have to
be for working for me as a homeowner to get
the price up.

Speaker 1 (01:37:26):
I find that very interesting, Mark, Mark.

Speaker 4 (01:37:28):
It's got a whole section on public adjusters exams.

Speaker 1 (01:37:33):
I mean, you know, I don't. I mean, look at
if you don't. If you're telling me they don't have
to be.

Speaker 10 (01:37:37):
Licensed in Colorado, that's not what I'm telling you. I'll
go back to exactly what I said.

Speaker 1 (01:37:41):
I don't.

Speaker 4 (01:37:42):
I think if you need to be it's inconsistent. You're saying,
why can I work.

Speaker 10 (01:37:46):
For an insurance I'm fan I could go out and
do what Matt does right now, not get in any trouble.

Speaker 1 (01:37:50):
That's what I'm saying. All right, Well, according to this website,
you can, but I would love that. I kind of
wish we could get his ass on I know, I
know it, or any public adjuster call a public adjuster
for guyse so I know.

Speaker 10 (01:38:04):
Who, you know who we could reach out to, because
in his former life he did it. Doc not not doc,
deputy doc. You know who I'm talking about. Joel Joe.

Speaker 1 (01:38:16):
Oh, you're absolutely right. Let's call him. Let's call Joel
from doctor Joel.

Speaker 4 (01:38:22):
Yeah, yeah, we will three oh three seven one three
eight two five five more coming up on the Troubleshooter Show.

Speaker 1 (01:38:28):
Eight eight eight Heating dot Com. They will look at
your air conditioner and heater. They can help you.

Speaker 4 (01:38:33):
They are honest, they are great people, and they have
high efficiency systems that work off a hybrid system with electricity.
If you have a solar system, that's eight eight eight
Heating dot Com seven seven zero two seven seven six
Go with a sure thing Denver's Best roofer Excel Roofing

(01:38:55):
dot Com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies.

Speaker 1 (01:39:09):
Find out now three oh three seven seven to one help.

Speaker 4 (01:39:11):
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 high Tom Martino your troubleshooter three oh
three seven one three talk three oh three seven one

(01:39:33):
three eight two five five or three oh three Martino
three oh.

Speaker 1 (01:39:36):
Three sixt two seven eight four sixty six.

Speaker 4 (01:39:40):
I want to talk to Joel Cherdak, who, by the way,
he's an entrepreneur, has a number of a number of businesses.
Of course we deal with him on all of them,
and uh he he is a public adjuster as well, Joel.

Speaker 1 (01:39:56):
We we have a question here. Man.

Speaker 4 (01:39:58):
This is some condy actor went to a woman's house,
and man, it sounds a lot like he's negotiating claims
and stuff.

Speaker 1 (01:40:05):
And I want to know. I just want to know,
very simply, what is the licensing requirement in Colorado for
a public adjuster.

Speaker 20 (01:40:11):
The licensing requirement is that you need to pass the
state board examination in order to be licensed as a
public adjuster, and.

Speaker 1 (01:40:20):
What does that allow you to do as a public
adjuster that a contractor can't do.

Speaker 20 (01:40:24):
Well, you're allowed to discuss the terms of the policy
with the insurance adjuster on the insurance side, whereas the
contractor isn't isn't allowed to discuss the terms of the policy. So,
for example, when there's an argument over whether the policy
excludes something or allows something, typically can't be involved in

(01:40:46):
a conversation. The public adjuster has been training and the
knowledge to be able to make those arguments, you know,
especially when you're adding on things to your policy. Uh,
you know, extra coverages, things, a loss of the use.
There's certain things that oftentimes the carrier may say are covered,
but when you read the actual language of the policy

(01:41:09):
you see that it is. But it's a public adjusters
shop to be able to make those arguments.

Speaker 4 (01:41:12):
Oh so a contractor then correct me if I'm wrong.
A contractor would be able to go to a homeowner
and say I want to handle your work. I'll meet
with the adjuster. They can meet with the adjuster. They
can say, look, we believe they need this roof and
it's going to cost this much, and the adjuster says no,
it should be a little less than that, and they

(01:41:32):
can argue price and conditions and all of that as
far as what a contractor believes the homeowner needs.

Speaker 8 (01:41:41):
Yes, okay, you know here, here's a good.

Speaker 5 (01:41:47):
Will exclude.

Speaker 1 (01:41:51):
So for more than all right, he's cutting out. Yes,
say that again, Joel.

Speaker 16 (01:41:58):
So can you hear me, Tom?

Speaker 1 (01:41:59):
Yeah, now we can hear you. Better go ahead. Okay.

Speaker 8 (01:42:01):
So here's a good example.

Speaker 20 (01:42:02):
Let's say we'll say they won't cover a water loss
and it's a slow occurring of a course of more
than two weeks.

Speaker 1 (01:42:10):
Yeah, and I'm so committing.

Speaker 20 (01:42:13):
And if they seem like a little bit of mold,
we'll say it.

Speaker 8 (01:42:15):
They'll say about this is an old week, right, okay,
And then you know the.

Speaker 10 (01:42:25):
Sounds like once they acknowledge coverage on a particular item,
here are the contractors free to do whatever they want.

Speaker 1 (01:42:31):
So I totally misunderstood.

Speaker 4 (01:42:33):
I totally misunderstood the term negotiation from this from my AI.

Speaker 1 (01:42:38):
They said, you know that contractors aren't allowed to negotiate.
I know exactly what you're talking about. They can't negotiate terms.
They can, yes, they can.

Speaker 4 (01:42:48):
They can't negotiate terms of the policy like actual coverage. Yeah, okay, well,
thank you Jaell that that now, in addition, of course
to being a public adjuster, they also do stem cell therapy,
which I can't say enough about it. It's just wonderful.

Speaker 1 (01:43:04):
And they do it on a budget.

Speaker 4 (01:43:06):
They really do, I mean, compared to the rest that
I've compared. Denver Regen dot com. I appreciate it, Joel,
thank you? All right, all right, Denverregen dot com. All right,
I don't believe I owe you at break?

Speaker 16 (01:43:20):
Do I do it?

Speaker 1 (01:43:22):
Well, whether you owe it or not, we're going to
break what in a minute?

Speaker 4 (01:43:27):
Oh yeah, John Fuller, real quick here, somebody wants to
know as far as negotiating.

Speaker 1 (01:43:33):
Now, I've never heard that. Well, maybe we've heard this question.

Speaker 4 (01:43:36):
What would be wrong with them going as far as
they think they can with their insurance and then hiring
you if they don't like the result.

Speaker 1 (01:43:42):
This is a text.

Speaker 13 (01:43:44):
Yeah, everything up to that point is what could be
wrong with that?

Speaker 1 (01:43:49):
Listen.

Speaker 13 (01:43:49):
I'm not going to sit here and tell you that
you can't do that, and clearly many many people have,
but I have told you and everybody that will listen
that I think I can improve the value you have.
A Personal injury claim by as much as twenty or
thirty percent of what goes into the person's party are
into their pocket based on what I do in the
first week or two of the claim. That has nothing

(01:44:10):
to do with negotiating, just in setting the claim up
properly and making sure that the insurance companies pay the
way and in the order that they're supposed to. So
you do it yourself all you want, but you do
it at your own risk.

Speaker 1 (01:44:24):
Thank you very much.

Speaker 4 (01:44:25):
We've got more coming up on The Troubleshooter Show. Three
o three seven one three Talk or three oh three
Martino three oh three.

Speaker 1 (01:44:32):
Six two seventy four sixty six.

Speaker 4 (01:44:37):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Please 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

(01:44:58):
customer when you choose Frank to and the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two.

Speaker 1 (01:45:07):
Yeah, ripped.

Speaker 2 (01:45:14):
News didn't need advice, so you don't have.

Speaker 3 (01:45:19):
Come running. Just as fast as we can.

Speaker 2 (01:45:23):
Shooter's gonna help coming.

Speaker 11 (01:45:25):
Man.

Speaker 1 (01:45:26):
This is the Troubleshooter Show now, Tom Martine, Hi, Tom
Martino here, Welcome to the show.

Speaker 4 (01:45:34):
Three oh three seven one three talks seven one three
eight two five five.

Speaker 1 (01:45:39):
What's going on in your life? Well, we had a
call earlier in the hour and or earlier in.

Speaker 4 (01:45:44):
The show, and we had Kathy call and said that
she felt like she was tricked into signing a contract.

Speaker 1 (01:45:51):
The contract was all inclusive.

Speaker 4 (01:45:52):
They said, Hey, it's just so we can contact your
insurance company and whatever. I mean, it clearly showed way
way more than that, and I have to admit it
was pretty clear they were going to do everything. There
were no specifications now, just saying that they had the
right to negotiate and they had the right to do

(01:46:13):
all of this. There were no prices even, which is
weird because technically roofing contracts in Colorado are required to
have a price, required to have a penalty, clauses if any,
required to have her three day right to rescind, required
to have all kinds of things. This didn't have now
they could argue, well, it wasn't really a roofing contract,

(01:46:33):
it's a general general contractors contract. But I don't know
if they can get around it. Well, that responded, I
understand that. That's why I'm giving the recap. And then
also they basically so they had her sign it and
there's nothing about details, materials, needed.

Speaker 1 (01:46:52):
Anything, anything at all.

Speaker 4 (01:46:55):
It was basically a contract to gather all of that
and to have exclude of rights to do the work.

Speaker 1 (01:47:03):
And Kathy, we told you it seemed a little weird.

Speaker 4 (01:47:07):
And our attorney, John Fuller today, our personal injury expert,
he said, you know, reading it as a contract, there's
so many things left out of this thing that I
don't see how they can enforce it.

Speaker 1 (01:47:17):
So what And we told you to call them or
to email them and cancel it. What happened.

Speaker 11 (01:47:22):
Oh, I sent them an email with a list of
you know, just some of the things, John Fuller said,
And they have replied back it says, it's not we
don't have a contract. It's just a contingency to work
with you and your insurance adjuster to do the adjustment.

Speaker 1 (01:47:39):
That's that is so crazy. Then tell them you want
to rescind that Well, they're not saying no, I'm reading it.
They're saying, look, you have no contract.

Speaker 10 (01:47:48):
If you don't want to use this, you simply are
going to have to deal with your insurance agent or
I'm not agent, but adjuster yourself.

Speaker 1 (01:47:56):
Does it say that in the agreement, Yeah, it says
exactly that. Well, it says that in their reply. Oh,
in their reply. But wait a minute, but what about
doing the work.

Speaker 10 (01:48:07):
They're saying there is no contract yet they lay this out. Okay,
now there's no contract. We're going to help you get
the most we can and get everything covered. We think,
I'm paraphrasing that we can get covered after that, once
we know what they're going to pay for, we'll get
a contract that you'll sign for us to do the work.

Speaker 4 (01:48:26):
Well that there's nothing wrong with that, but I would
still say, just to be safe, John, I don't know
how you feel that. I want to resind that and
I want to I want to hire a public adjuster.

Speaker 13 (01:48:37):
Yeah, that would be my preference. I would certainly want
to either do it myself or have a fiduciary working
on my behalf. In that respect, I.

Speaker 1 (01:48:47):
Don't know what there's really to resin though.

Speaker 13 (01:48:49):
After they reply, and this for send the authority to
send the authority to do anything that they felt like
they had under that agreement.

Speaker 10 (01:48:58):
Exactly what I'm saying is if you read the response,
so they're basically saying there is no agreement, yeah, but
in the contract.

Speaker 1 (01:49:04):
But they are saying they're still going to negotiate.

Speaker 13 (01:49:07):
Yeah, And so that would be the end of that.
There is no agreement and now you have no authority.
It's been revoked. Just simply say I hereby revoked the
agreement that was found on this date between A and B.
I get you, I guess you, and thank you for
your time.

Speaker 3 (01:49:21):
Move on.

Speaker 1 (01:49:24):
That's what I would do. I would say.

Speaker 4 (01:49:26):
I would say, I appreciate you acknowledging I have no contract.
I also want to rescind this agreement which gives you
authority to negotiate on my behalf.

Speaker 1 (01:49:35):
That's what I would do. Makes sense.

Speaker 11 (01:49:40):
Yeah, it's a scary I mean, does Excel put stuff
out there?

Speaker 4 (01:49:45):
No, no, never, never ever ever ever and when you
contact them, you'll you'll notice the difference immediately.

Speaker 1 (01:49:53):
Excelroofing dot com.

Speaker 10 (01:49:54):
By the way, you want Matt with Paragon Services to
fight with your insurance company that's.

Speaker 4 (01:49:59):
Right, but also so for a roofer, there's no question
excelroofing dot com absolutely, and it doesn't matter if you call,
if you can contact both, they don't interfere with each other.
And Excel is three oh three seven sixty one sixty
four hundred.

Speaker 1 (01:50:14):
Now did we give her the number four? Did we
give her the number for Matt? No, we haven't. Let's
do that.

Speaker 4 (01:50:22):
Look that up for me, Mark if you could, and
then and you take this number down and then you'll
be covered. Now, not everyone needs a public adjuster, but
you know Pat.

Speaker 10 (01:50:32):
Also, I mean Matt, let me give this real quick
seven nine seven two six zero zero twenty.

Speaker 1 (01:50:40):
And I should mention this. Matt will tell you if
you really need him or not. He'll never take a
job if he doesn't think you need him. He doesn't,
he says, you know what you can do this? Oh,
you just have a roof call excels.

Speaker 10 (01:50:51):
Generally, where a public adjuster starts pulling their own weight,
not only will they get you all the dollars your
insurance company contractually, but there's another there's another basis to it.
When there's more than three things going on. So let's
say you need landscaping work or a landscaper. You need
a roofer and you need a siding guy. When you

(01:51:12):
have more than three. Most of those insurance contracts agree
to pay ten percent overhead and profit to somebody. So
that's one of the things that you can work through
with Matt.

Speaker 1 (01:51:25):
Now, John Fuller, I got a text here.

Speaker 3 (01:51:31):
There.

Speaker 1 (01:51:31):
This is crazy.

Speaker 4 (01:51:32):
I don't know what kind of a doctor. Their doctor says,
even though they don't have symptoms. Now they went to
a doctor because they got in an accident. They said,
even though you have symptoms, you don't have symptoms.

Speaker 1 (01:51:41):
Now this is something that could act up in the
future because I see some damage. What does that mean, John,
what do you do in a case like that?

Speaker 13 (01:51:50):
Well, in legal you know jargon if you will. Yeah,
the ad fall party is responsible for all of their damages.
And and yet you have the burden of proving those
damages right, and so your burden of proof is, you know,
to determine what which damages There is a you know,

(01:52:14):
more likely than not probability of them occurring in the future.
It's not possibility, it's probability. And so one way to
think about it is, unless there's more than a fifty
percent chance that something happens down the road. It's just
a possibility, and the defendant is not going to be
on the hook for it. But you bear that responsibility

(01:52:36):
to prove that. So we always deal with the difference
between possibility and probability.

Speaker 1 (01:52:43):
Okay. And so without symptoms, you'd have a tough time
getting anything at this point.

Speaker 13 (01:52:47):
Right, it sounds really close to a possibility to me.
And you know they're going to hold you to your
burden of proof.

Speaker 1 (01:52:55):
Okay, all right, three L three seven one three eight two,
five to five. Michelle? Is this another issue?

Speaker 14 (01:53:04):
Yeah?

Speaker 1 (01:53:05):
Another roofing issue? Go ahead, Michelle, Michelle, are you there?

Speaker 13 (01:53:13):
Fine?

Speaker 1 (01:53:13):
What's happening?

Speaker 5 (01:53:16):
I had a roofer come and fix my roof and
it was kind of a nightmare.

Speaker 1 (01:53:22):
Now was this Was this as a result of storm damage?
Was it replaced in your roof? Okay?

Speaker 5 (01:53:28):
Okay damage? It was the insurance claim. He came, had
his men come and fix it, and when he got done,
he left holes in my awning. He just put boards
over it, and my awning still a leaks, very bad.
And then I started smelling some.

Speaker 1 (01:53:45):
Now, your insurance paid for this, right, I have.

Speaker 5 (01:53:49):
The checks for it. I have never cashed him. I
have not paid them. I smelt something as if it
was a leak in my roof. I got up in
the attic. The roofers put whole in my roof. So
whenever it has any kind of storm coming in, it
comes into my roof, it has not leaked all the
way through into that.

Speaker 4 (01:54:08):
Okay, So the big problems that you so the roof
was done, but the big problems now are.

Speaker 1 (01:54:15):
These areas you're outlining?

Speaker 5 (01:54:18):
Correct?

Speaker 1 (01:54:19):
Okay? What do they say about that?

Speaker 5 (01:54:22):
They I kept asking them to come and fix.

Speaker 4 (01:54:24):
It, and they and specifically specifically fix it. You describe
more than it. So what are you talking about when
you say it? Do you know right where the problem is?

Speaker 5 (01:54:37):
Yes?

Speaker 1 (01:54:37):
I have, Okay, Like where specifically if they had.

Speaker 5 (01:54:41):
To fix it, like what is it, it would be
on the awning and it would awesome.

Speaker 1 (01:54:45):
And that's the only part the hole in the awning
they put in.

Speaker 5 (01:54:48):
Right, there's two holes in the awning, and it's the
awning is still leaking. I have video coverage of that.

Speaker 1 (01:54:54):
But it's leaking because of the holes.

Speaker 5 (01:54:56):
Right, it's leaking because of the holes, but it's also
leaking where it was leaking originally. It wasn't fixed properly.

Speaker 4 (01:55:05):
Now when you say originally, what does that mean? When
you had hail, you started having leaks?

Speaker 1 (01:55:11):
Correct?

Speaker 4 (01:55:12):
And where were those leaks that weren't fixed? They weren't
in the holes? Where were they?

Speaker 5 (01:55:18):
They were on the awning. That's where it was mainly
leaking on that part.

Speaker 4 (01:55:21):
But the roof needed to be on the main I mean,
do you mean I get it, your roof had to
be replaced, but the awning was leaking. But I don't
get where the awning was leaking, Like, is it?

Speaker 1 (01:55:31):
What kind of awning is it?

Speaker 5 (01:55:34):
It's over the patio.

Speaker 1 (01:55:35):
Is it a canvas or tin or aluminum or what? No,
it's wood, a wood awning?

Speaker 5 (01:55:43):
Correct?

Speaker 1 (01:55:44):
Do you mean like a roof? Yes, a wood.

Speaker 5 (01:55:48):
What they're considering it is to be an awning.

Speaker 1 (01:55:51):
Okay, over your patio? Correct? Okay, so it's basically your
patio roof.

Speaker 4 (01:55:57):
Okay, And that was okay, got it? So what did
they What did they put on top of that patio
roof to fix it? Was that also roof shingles?

Speaker 3 (01:56:06):
Yes?

Speaker 4 (01:56:07):
Okay, so it's okay, So now they simply have to
fix it. How did they put holes in it? I
don't get it if they put a new roof on it,
how they put.

Speaker 5 (01:56:15):
They were walking over. They did not put new OSB boarding.

Speaker 1 (01:56:20):
They did not put new decking on it, right, okay?
Did they charge for new Did they charge for new decking?

Speaker 5 (01:56:30):
Yes?

Speaker 1 (01:56:32):
Okay.

Speaker 5 (01:56:32):
And when they were walking they put hole They ended
up walking and putting holes in it.

Speaker 1 (01:56:38):
Okay. And they won't fix it.

Speaker 5 (01:56:42):
No, they just put a board. They said, that's good enough.

Speaker 1 (01:56:45):
Now, what do you mean put a board on top
of the roof or underneath the shingles.

Speaker 5 (01:56:50):
Underneath the shingles.

Speaker 1 (01:56:52):
So they patched, corrected.

Speaker 4 (01:56:55):
But okay, okay, but the dude, let's figure out how
we're going to handle this. Tom Martino three oh three
seven one three talks seven one three eight two five
five Compass Insurance.

Speaker 1 (01:57:04):
By the way, while we're speaking.

Speaker 4 (01:57:06):
About insurance, they do insurance checkups free for the asking
to see you're not making too you're not paying too
much for your coverage, or if you're under insured, possibly
even over insured.

Speaker 1 (01:57:14):
It's all free. Three oh three nine nine six nine thousand.

Speaker 4 (01:57:23):
Go with a sure thing Denver's Best roofer Excel roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free no obligation. 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

(01:57:45):
customer when you choose Frank durand the real estate man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hi Tom
Martino here three oh three seven one three talks seven
one three A two five five. Let's continue and uh

(01:58:06):
do what it takes to solve problems. I uh on
Michelle here, we knew, I mean, this is this seems
silly to me. That did what did they simply say, no,
we're not going to fix it, or we fixed it
well enough because if it's not.

Speaker 13 (01:58:26):
Go ahead.

Speaker 5 (01:58:27):
They said that they fixed it well enough that the
board over the awning it's good enough.

Speaker 4 (01:58:32):
Well, if they put the board, you keep saying the
board over the ironon. First of all, let's call it
a roof. I don't care what they call it.

Speaker 1 (01:58:38):
That's a roof.

Speaker 4 (01:58:39):
So the decking was bad where there were holes, they
put new decking. They put new decking there where they
had holes, so now no more holes?

Speaker 5 (01:58:47):
Right, Well, the hole was still there. There's just a
board on top of it.

Speaker 1 (01:58:53):
So they did not replace the board with a new board.
They just covered the.

Speaker 5 (01:58:57):
Board with a new board.

Speaker 1 (01:58:59):
Okay. If they covered the board with the new board,
they covered the holes.

Speaker 5 (01:59:04):
With decking from top, from the top, not the bottom,
but not.

Speaker 1 (01:59:09):
On Okay, Now listen carefully. You have plywood on top,
then you have shingles, right, correct. Did they put the
patch on top of the shingles or underneath the shingles under? Okay?

Speaker 4 (01:59:24):
Now that's kind of shlock that they did not replace
the plywood that had holes in it.

Speaker 1 (01:59:33):
And then put one on top of it instead of
just replacing it.

Speaker 4 (01:59:37):
Because when you look at your roof then over the patio,
can you see the little bulge where they put a
board under it?

Speaker 5 (01:59:45):
Yes, the wood is completely sticking down. The original board
that they put the hole in is sticking down, right,
you can see the hole.

Speaker 8 (01:59:55):
And then the wood is hanging down.

Speaker 1 (01:59:58):
Okay, slock, it's a slock. I can't make an excuse
for that. They should have just when they were Did
they charge your insurance for replacing the whole deck up there?
Or just that piece or they never mentioned it.

Speaker 5 (02:00:14):
They never mentioned it, Okay, So right.

Speaker 1 (02:00:16):
Now it all boils down to this. They need to
replace the broken board with a new board, not just
put one over it. But I have a question. I'm
very puzzled. How can walking on that roof poke holes
through the plywood?

Speaker 5 (02:00:32):
They stated it was because it's rotten.

Speaker 1 (02:00:35):
Okay, how much of the plywood on your roof over
the patio is rotten? Do you know?

Speaker 5 (02:00:44):
Not a whole lot of it, just maybe.

Speaker 16 (02:00:48):
An eight if less?

Speaker 3 (02:00:51):
Uh huh?

Speaker 1 (02:00:52):
And why didn't they just replace the bad parts?

Speaker 11 (02:00:56):
I do not know.

Speaker 1 (02:00:57):
They would have gotten.

Speaker 5 (02:00:58):
Paid by insurance, right, they just didn't want to do it.
And with my with the main roof over the house,
they actually put holes in my roof and you can
actually see some light coming in.

Speaker 1 (02:01:17):
Okay.

Speaker 8 (02:01:17):
Who is it replaced by pro Roofing Incorporated?

Speaker 1 (02:01:24):
And how did you find them?

Speaker 5 (02:01:26):
I personally knew them. Oh so you still they be Yeah,
they used to be my parents' neighbors.

Speaker 1 (02:01:35):
And they will not buy. They will not come out
and fix it.

Speaker 5 (02:01:38):
They said no, that's what they kept telling me. So
I actually had to hire a lawyer to help me
address it.

Speaker 4 (02:01:46):
And that's pretty weird to hire an attorney because it'll
never pay to I'm not saying you shouldn't have an attorney,
but you understand it will never.

Speaker 1 (02:01:55):
You'll never get that back. So how much have you
spent with attorneys fees?

Speaker 5 (02:02:00):
About a thousand?

Speaker 1 (02:02:01):
Okay, that's about what it's not. How big is the patio?

Speaker 5 (02:02:06):
It's not very big at all.

Speaker 1 (02:02:08):
How big? Give me an idea? Is it bigger than
a go ahead?

Speaker 5 (02:02:19):
It's probably big as an apartment living room?

Speaker 1 (02:02:25):
Okay, got it? Well that's pretty big. That's pretty big.
So maybe nine by nine by twelve at least, right,
or bigger right.

Speaker 5 (02:02:33):
At least at least?

Speaker 1 (02:02:35):
Yeah, that's pretty big. So here's what you need to do.

Speaker 4 (02:02:39):
That asphalt has to be taken off the area where
there's a hole, and you need to replace it and
then put it back down. So you need to get
an estimate on what the I mean it's it probably
won't cost much more than a thousand bucks.

Speaker 1 (02:02:54):
I mean, what did your attorneys say you could do
for you?

Speaker 5 (02:02:58):
He wanted them to come back and address it, and
what did they say? They wanted to make an appointment
and come and address it. But the thing is, before
I hired him. I had been asking them a numerous
amount of times to come and do it, and they
just reduced.

Speaker 4 (02:03:15):
So what's your point, though? You hired an attorney, So
what are you calling us about? You already hired an attorney.

Speaker 5 (02:03:22):
Yeah, and he didn't really want to help.

Speaker 4 (02:03:25):
So after paying one thousand dollars, did he give your
thousand dollars back?

Speaker 5 (02:03:30):
No?

Speaker 1 (02:03:32):
How'd you find this attorneys.

Speaker 5 (02:03:35):
Through Legal Shield?

Speaker 1 (02:03:38):
Yeah?

Speaker 3 (02:03:38):
There you go.

Speaker 1 (02:03:40):
God, you just keep making every mistake in the book.
How long you had Legal shield M? Ten years? Complete
wasted time? Do you know how much money wasted on them?

Speaker 16 (02:03:51):
Waste?

Speaker 5 (02:03:52):
I don't recommend them.

Speaker 1 (02:03:54):
How much? How much have you spent over ten years
with Legal Shields?

Speaker 4 (02:04:00):
What?

Speaker 5 (02:04:00):
Twenty dollars a month?

Speaker 1 (02:04:01):
So yeah for ten years?

Speaker 4 (02:04:03):
Yeah, one hundred and twenty times how much a month
twenty twenty, one hundred and twenty times twenty isn't that wonderful?
And so you spent all of that plus he wanted
another thousand, So you spent thirty four hundred dollars.

Speaker 1 (02:04:22):
So far and you could have had it done. Has
Legal Shield ever done anything for you?

Speaker 5 (02:04:29):
Disadvice?

Speaker 1 (02:04:31):
What did this guy do for you for one thousand dollars. Nothing, Well,
then ask for your money. Backer. You're going to the
Bar Association, the Fee Dispute Committee. Tell him that right now,
you tell that guy you got more than one problem
that thousand dollars would have gone to fix it.

Speaker 4 (02:04:46):
I mean so, really and truly, this is a bunch
of crap. I mean, I mean really and truly what
you need to do. I'm going to tell you what
to do.

Speaker 1 (02:04:54):
Get an estimate for what it will take to pull
up the asphalt in that area, replace that bad part
of the decking where they put holes in it. Although,
really and truly what's crazy.

Speaker 5 (02:05:07):
Is, well, the whole thing leaks. When we ended up
having that tail storm over.

Speaker 1 (02:05:14):
The whole thing, not just where the hole.

Speaker 5 (02:05:16):
No, not just where the hole is, the whole entire
where it wasn't even leaking before. Now is leaking.

Speaker 4 (02:05:25):
You need to call an expert out there to analyze it.
Call Excel Roofing. We need to find out what's wrong
with it. Okay, we need to have it inspected, and
then you need to sue them for it in small
claims court if.

Speaker 1 (02:05:36):
It's under set.

Speaker 5 (02:05:37):
I hired the lawyer.

Speaker 1 (02:05:39):
Well, guess what small claims court won't cost you one
thousand dollars. It will cost you fifty If you hired
this attorney to take this to court, would have cost
you fifteen grand minimum fifteen grand. Now think about that.
What if it only costs you six or seven thousand
to replace the roof there exactly?

Speaker 4 (02:05:59):
Then do what I say, Please, at least get started
with a professional roofing, get a price.

Speaker 1 (02:06:04):
If it's under seventy five hundred bucks, you have.

Speaker 4 (02:06:07):
Them document what's wrong with it, and you ask them
one last time to fix it, or you take in
the small claims court for the seventy five hundred bucks
or whatever to fix it, and you're done with it.
But if you don't get started like that, there's nothing
I can do for you. That's what I would do.
First call Excel Roofing to get a price, okay, and
just say, look, I need to know what's wrong with it,

(02:06:29):
and I need to know how much it's going to
cost to fix.

Speaker 1 (02:06:34):
All right, okay, And then when you find that out,
I want to know, and then you take the next step.

Speaker 4 (02:06:43):
And that's the only way it's going to work, is
you if you have a professional on your side that
will help you at least discern what you do. Not
talk to that attorney again. That was a waste of money.
But I would ask for my money back, and you
tell them. If you don't get your money back, you
want to complete in full accounting of how he spent

(02:07:04):
that one thousand dollars from your trust account.

Speaker 1 (02:07:06):
Use those words.

Speaker 4 (02:07:07):
I want a complete accounting of how that one thousand
dollars was used from my trust account.

Speaker 1 (02:07:12):
Okay, all right? And if you don't refund it, I
am because you have, in essence done nothing. How much
time do you think he spent on it?

Speaker 5 (02:07:23):
Not much time?

Speaker 4 (02:07:24):
Then you tell him you want a refund or you're
going to the feet dispute Committee with our association. Okay,
all right, please do that because I am telling you
I am so sick and tired. I'm just I'm just
so sick and tired of people being ripped off like this.
So call us back and let us know what happens.

(02:07:45):
I'm Tom Martinez. We have more coming right up on
the Troubleshooter Show. Go with a sure Thing Denver's Best
Roofer Excel roofing dot com.

Speaker 1 (02:07:58):
You don't pay a cent until your.

Speaker 4 (02:08:03):
Time for an insurance checkup free no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out now three oh three seven to
seven to one.

Speaker 13 (02:08:13):
Help.

Speaker 4 (02:08:14):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, your troubleshooter three O
three seven one three talk seven one three eight two

(02:08:34):
five five another excellent solar company.

Speaker 1 (02:08:37):
Pro bid Energy dot com. Pro bid Energy dot Com. Okay,
so let's recap. Shall we off? First? I have this
text for John Fuller.

Speaker 4 (02:08:50):
Then we'll recap John Fuller, who covers what if I'm
injured in a demo ride at a dealer ship? I? Uh,
I took the car for a test drive, got into
a wreck.

Speaker 1 (02:09:06):
What happens?

Speaker 3 (02:09:07):
Uh?

Speaker 1 (02:09:07):
Not my fault, by the way, direct.

Speaker 13 (02:09:09):
Oh, well, whose fault was it? If it was an
at fault driver, just another vehicle, it's there. It's their responsibility.
As always, the at fault driver is responsible for all
the damages.

Speaker 3 (02:09:19):
That they do.

Speaker 13 (02:09:20):
Interestingly enough, I've had cases where I represented the employee
of the auto dealership, and so we had a work
comp case for his injuries. But then we also had
a third party case against the at fault driver. So
just the same as any other accident.

Speaker 1 (02:09:36):
If you were on a test drive in a dealer
car and someone else hit you, would your you, I
am yep, it would follow you over you bet Wow? Yep,
I didn't know that part. How about in an uber yep?
So that you own that under insured no insured policy,

(02:10:00):
won't it no matter what happens to you. How about
if you were on a bus, yeah, anywhere? Yeah, vehicle wise,
that's incredible.

Speaker 13 (02:10:08):
Yep.

Speaker 1 (02:10:11):
All right.

Speaker 4 (02:10:11):
So people are telling me I don't have YouTube. Sound
shut up, Mark, I'm just figuring it out.

Speaker 1 (02:10:16):
And I bet you anything dragging. I doubt he touched
a damn thing.

Speaker 13 (02:10:19):
Right now, I have touch a thing.

Speaker 3 (02:10:21):
Now I have it.

Speaker 1 (02:10:22):
Now I have it, I fixed it. So shut up.
I'm telling you I put up with this abuse.

Speaker 4 (02:10:28):
And I heard for the first time John used this
for an older guy, a person at risk?

Speaker 1 (02:10:33):
So what time? How what age does a person become
a person at risk? Seventy one? The age? What is
the age?

Speaker 13 (02:10:43):
I think it's sixty five, Tom. If I'm not mistaken.

Speaker 4 (02:10:46):
Okay, I'm seventy one, so I'm a person at risk
and at risk at kicking people's ass too, I'm at
risk of coming unglued, that it would be.

Speaker 13 (02:10:56):
That's that's taking the at risk thing to a whole
different level.

Speaker 10 (02:11:00):
I don't think they in all seriousness. It doesn't have
to be just age, right, if someone was mentally challenged,
could they be.

Speaker 13 (02:11:07):
At risk as well?

Speaker 1 (02:11:08):
They can?

Speaker 13 (02:11:09):
Yeah, let me let's talk about that that issue. So no, really,
I was trying to say earlier about that that gentleman
and poor guy is you know, if we have a
client that's over the thresholder and I think it's sixty five,
but I'd have to look at it just to make sure.
But what that entitles you to is like you have
the right to file a document with the court and

(02:11:32):
get an expedited trial date before everybody else. You can say,
look seventy years old, though, is it seventy? Okay? So
you look, your honor, my client is over the age,
he's ill, he's subject to some disability, disability, and we
need an expedited trial date. And they will accommodate you.
I mean, they will give you a spooky fast trial
date if you want one, and the other side doesn't

(02:11:54):
have a lot that they can do about it, and
you have to somehow get all the discovery done and
go to trial on that case right away. For that
particular guy, the biggest travesty of it is if he
dies next week, all of the really good non economic
damages that go along with just the punishment of the
audacity of the act that they did in treating this

(02:12:18):
guy and taking advantage of him, all those go out
the window. So maybe his estate can still recover for
the actual dollar amounts, But to me, the value of
that case is in the in in what that dealership
did to him. And I would love to go in
front of a jury and describe how they how much
money they took advantage of, and they you know they,

(02:12:41):
I mean.

Speaker 1 (02:12:42):
Just service contracts.

Speaker 13 (02:12:43):
Unbelievable, Yeah, service contracts for guy that ain't going to
be from right, What in the world would make you
think that's And then to sell him his own car
back and sell him a service contract on that is
utterly unbelievable. And I think a jury would absolutely go
proctological on that dealership, But it would be for the

(02:13:07):
non economic. It would be for the non economic damages,
not the economics.

Speaker 1 (02:13:11):
I'm going to All.

Speaker 13 (02:13:13):
Those go out the window. All those go out the
window if he passes away and it's just his family
or his estate that's pursuing it. So that's the biggest.

Speaker 1 (02:13:25):
Problem taking him out of it. If there's an accident,
Let's say there's all the insurance in the world, which
there never is, but there is, and someone hits me
it's their fault and I could never work again and
I was making X amount.

Speaker 4 (02:13:38):
All right, let's let's do that right after this mark.
That's a great question, actually, so please hang on to that.
I'm Tom Martine. We have more coming right up. Go
with a sure thing Denver's Best roofer Excel Roofing dot com.

Speaker 1 (02:13:50):
You don't pay a cent until you're content.

Speaker 4 (02:13:55):
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, seven
to one help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com
to list your home with Remax Alliance three oh three
nine two zero sixteen twenty two. Hi Tom Martino your

(02:14:28):
trouble shooter three O three seven to one three Talk Jeff.

Speaker 1 (02:14:34):
What's happening Jeff? How can we help you? What's going on? Jeff? Hi?

Speaker 21 (02:14:39):
Tom, Thank you very much. I'm gonna try to sell
a card that I own privately and I've sold cars.

Speaker 1 (02:14:47):
Is it Is it paid off? Jeff? Is it paid
off completely? Yeah? That makes it way easier?

Speaker 21 (02:14:53):
Go ahead, Yeah, yeah, just sitting anyways. Yeah, titles clean,
but I'm gonna sell it in I want to protect myself.

Speaker 15 (02:15:01):
Because somebody had mentioned before and it's kind of a
concern that, you know, once the.

Speaker 21 (02:15:05):
Once the car leaves my driveway, you know, I'm obviously.

Speaker 15 (02:15:08):
I'm gonna collect the license plates.

Speaker 21 (02:15:10):
But there's no guarantee that the buyer of the new
buyer is going to go register this thing.

Speaker 10 (02:15:15):
And that's why you have him signed the bill of sale.
That's all you need, man, That's a very simple enough though.

Speaker 1 (02:15:22):
Well let's ask John Fuller.

Speaker 4 (02:15:24):
You both you both get a copy of that bill
and a bill of sale, and also you retain a
copy of the transfer of the title. Uh, John, would
that set a date that would keep him from being
liable for.

Speaker 13 (02:15:36):
That yeah, I think so. There's you know, the bill
of sale and your sign title. Whether the guy ever
registers it or negotiates it would be effectively, in my mind,
you get out of jail free card. You no longer
have an ownership interest in that vehicle. You no longer
have an ensurable interest in the vehicle. Remember the case
we had Mark with the brother that that and his

(02:15:58):
older deceased brother had signed over a car but never
registered or something.

Speaker 1 (02:16:03):
Yes, same thing, Yes, come after him, right and there was.

Speaker 4 (02:16:09):
John, John, let me ask, Let me ask a far
fetched question, John Fuller, Attorney at law, personal injury expert,
what about this negligent entrustment thing we hear about? You
should have known not to sell it to this person
because of this something like that known.

Speaker 13 (02:16:28):
Yes, maybe it's not going to fly on selling a
car to somebody, But but maybe loaning a car to
your neighbor comes over and he's, you know, six sheets
in the wind and wants to borrow your truck to
go to the liquor store, and you say, sure, here's
the keys, grab me one while you're there. You know,
that's that's probably a circumstance that if the neighbor got

(02:16:49):
into a wreck. You could be held liable for letting
them borrow the truck just as much as they would
be liable for causing the actions.

Speaker 1 (02:16:55):
Okay, okay, So in this case, sir, document everything and
have copies of it. In fact, I would have a
bill of sale date signed by both, usually a bill
of sale.

Speaker 21 (02:17:07):
Go ahead, here's my plan of action.

Speaker 15 (02:17:10):
And I think this should pretty much cover all the bases.

Speaker 21 (02:17:12):
But when I do sell the car, I'm gonna put
it like on the bill of sale, owner agrees to
register car.

Speaker 1 (02:17:20):
No, no, no, No, you're you're overthinking it.

Speaker 4 (02:17:25):
First of all, you're putting yourself in a position where
you're trying to take control of the process. You're simply
going to say, on this date, you sell it for
this much as identify the car by bill.

Speaker 3 (02:17:36):
Yeah.

Speaker 1 (02:17:37):
Not only that, think of what you're saying. Every dealership
out there, brand new, used car, new car, they sell it.
They can't put a gun to your head to go
register it. I mean, they would be liable for every
car they ever sold anybody.

Speaker 3 (02:17:49):
Then.

Speaker 4 (02:17:49):
Yeah, but John, and shouldn't both signatures be on that
bill of sale or not?

Speaker 13 (02:17:54):
I think I don't think it's required. No, But I'm saying,
just for me, the best practices. Yeah, both of you
guys sign it. Get a copy from you know you
keep a copy. Give a copy to the to the
guy that's buying your car, and the transition title. Get
a copy of everything in the.

Speaker 1 (02:18:10):
Car, every car I have, every car I have sold
in the past five years. I get a picture of
myself handing them the title, and I have them on
my phone, no kidding. Plus you have a transfer mark,
and you have the bill of sale, of course, but
I always get a picture of myself handing them the title.

Speaker 13 (02:18:28):
All right, So I got a little album pictures.

Speaker 1 (02:18:31):
Is this music coming early? Or is my clock off?
I didn't touch anything, You didn't touch anything.

Speaker 4 (02:18:38):
What's our out time? Just get tell me anyway. So
I'm Tom Martinez. Stay tuned for a special video I
put together of it fires on a bye bye video.

Speaker 1 (02:18:46):
It's just stupid fun. By the way, we have a
lot more happening.