The Troubleshooter 9-24-25

Episode Transcript

Speaker 1 (00:03):
Ripped.

Speaker 2 (00:05):
You need advice so you don't have.

Speaker 3 (00:11):
Come running. Just as as as.

Speaker 4 (00:12):
The Canoe Shooter's gonna help coming.

Speaker 5 (00:17):
Man, this is the Troubleshooter Show. No Tom Martinez.

Speaker 6 (00:23):
You know, after fifty years of broadcasting and being in
the business, it's hard to come up with a unique
way to start my show. So I'll just say, Hey,
I'm happy to be here, honest to God, so happy
to be here. Of course, this year will go down
as my year that I battled cancer from my diagnosis

(00:47):
January second through my end of chemo in August. Wow. Hey,
I don't want to bring it down or I just
want to say there's always hope and encouragement. So if
you need any help on that, you call me. In fact,
my private line here I swear to you, people don't

(01:07):
believe me. It goes right to my cell phone. So
if you're going through a battle you need some help,
you give me a call. So in addition to consumer problems,
questions and complaints, I want to be your support structure,
you know. So here's the here's the text line that
I get twenty four to seven seven four seven nine

(01:29):
nine nine fifty two eighty seven four seven nine nine
nine fifty two eighty. Not sure why I started out
that way, but I guess I'm just feeling a bit
of gratitude as we come up this time of year
is I love this time of year, and it makes
me quite emotional because I grow a year older every September. Today,

(01:52):
if you're streaming, you see a wide shot here and
I have Brad O'Brien O'Brien legal services. He's a real
estate attorney. You know, real estate is something that used
to be a once in a lifetime transaction, maybe twice.
Really think about it, real estate. You'd buy a house

(02:14):
and you'd live in it. That was it, Or you know,
you made an investment maybe once or twice. Real estate
has become so regular as part of our lives. I'll
bet you that people know how many homes would they
have in a lifetime. It used to be we had
one or two. How many homes do you think people

(02:36):
have in a lifetime. So Brad O'Brien, welcome to the show.
Anything new in real estate or real estate law, and
of course I'll go right to the phones. You guys
all have priority at three oh three Martino, three oh three,
six two seven eight four six six. You can also
call me at three oh three seven to one three talk,
which is the local iHeart number. And so go ahead

(03:00):
tell me what is new in real estate?

Speaker 7 (03:04):
Bradobright, Well, som I help people buy and sell real
estate and also do leases. And what I'm saying now
is the leverage that sellers had in the market has
been declining and buyer leverage is increasing, although it seems
like people are kind of waiting to see what's going
to happen before. I think the transactions have come down
a little bit.

Speaker 6 (03:23):
You know what's weird. Frank durand the real estateman dot com.
He was on my show the other day and he
showed me trend lines and what it showed was closed
to transactions, whether buying or selling. And then homes listed right,
and which is inventory an inventory fluctuated high and low

(03:46):
and everything in between. But we have consistently had the
same number of transactions consistently for the last twenty years.
It's amazing, for the last twenty years, we've had a
consistent buy sell market. When I saw that line, I

(04:08):
couldn't believe it. He said, look how the real estate
market has changed. So he's showing me the inventory levels.
And yes, the inventories have been high. The inventory, that's
the amount of homes for sale, right, the inventory what
can you buy? And they've been up, they've been down.
But the buy rate, the closed transactions have been so

(04:33):
steady in this state it is unbelievable. Even through the
Great Recession, even through COVID, the amount of buying and
selling has remained consistent. Does that surprise you at all?
It surprised the heck out of me.

Speaker 2 (04:49):
I don't know.

Speaker 7 (04:50):
But houses are so expensive now that you see friends
going into buy houses together. And that's a trend we
seen for several years since they're oh really, because one
just doesn't cut it anymore to buy a house. So
it's important to have like a tenants in common agreement,
some written agreement between co owners that are not married
to each other.

Speaker 6 (05:07):
I see, so they have been that's a good idea.
They're saying, Look, we need a place to live. I've
been renting, you've been renting. Let's put our money together
and buy something.

Speaker 2 (05:15):
Yeah, And inevitably one.

Speaker 7 (05:17):
Of those two co owners who are just friends wants
to sell or move on, and so it's.

Speaker 6 (05:23):
Really important they have a solid agreement.

Speaker 7 (05:24):
Yeah, otherwise you land in court.

Speaker 6 (05:26):
Is it a partnership agreement, an LLC or what?

Speaker 8 (05:28):
No.

Speaker 7 (05:29):
Tenants in common agreement is not a joint venture or
a partnership agreement. It's just a written agreement but about
how the property is going to be used and managed
and sold if somebody wants to sell.

Speaker 6 (05:37):
Tenants in common mean that you each own your.

Speaker 2 (05:41):
Half, that's right. Your half is separate. There's no writer
of survivorship in either of them.

Speaker 6 (05:48):
Okay. So in other words, you own what you own.
When you die, you're a stake at your half, that's right,
whereas joint tenancy is like what married couples would do
when you die, your half go to the other person's right. Okay.
And of course we have our deputy standing by. Deputy
D is here as always and Deputy D I just

(06:08):
turned that off because when the kidd he was over
there on your mic, it was making noise. So anyway,
so welcome to the show. Let's go to Ron. Ron
wants to talk about exfinity. If you have real estate questions, problems, complaints,
Brad O'Brien is here would be a good time to
talk about it. And I'd like to talk about a
few things that Deputy D talked about that just blew

(06:32):
me away. You know, I have a Wave eight Wealth Management,
my investment company where we help people with their money
and their nest eggs, and we take that very seriously.
And there's always theories that go around about markets and
leading indicators, lagging indicators. You know, the whole idea is

(06:53):
trying to predict what's going to happen, or at least
get a feel for what's going to happen, so you
know what's to invest in or what sectors to run from.
And again, we don't do day trading or flipping, we
don't churn, but still it's good to know what is,
what is on the forefront, what's coming. And he mentioned

(07:16):
something and my ears perked up and I said, what
did you just say? And he said, oh, I have
a thing that I do that kind of tells me
where the economy is going. And when you hear it,
it'll blow you away. I promise you, it'll blow you away.
We'll talk about that coming up right now. Right now,
Ron wants to talk about infinity, So Ron, take it away.

(07:39):
What's going on?

Speaker 8 (07:42):
Good to talk to you, Hey, yes, sir, make a
to make a short story long, start with the problem,
because I know you like to do that. My wife
bought paid cash for a for a sixteen phone at Expinity.
She went to return it finally ended up in Texas
and we can't get anywhere now they have money on

(08:04):
our phone.

Speaker 6 (08:04):
She paid. She paid cash for a cell phone for
a smartphone? Yes, and what kind wasn't?

Speaker 8 (08:14):
What kind was it?

Speaker 6 (08:16):
Just curious Apple Apple phone? Then what happened? How did
they get it back? And why do they have it?
And why do you have nothing? I mean, tell me
the story prior to this phone. Did you have Exfinity service?

Speaker 8 (08:35):
We did? Yes, I have a seven. I'm perfectly happy
with it. Make a call, get a call.

Speaker 6 (08:45):
When did she buy the smartphone? When did she buy it?

Speaker 8 (08:49):
On August eighteenth? And she returned to August twenty ninth.

Speaker 3 (08:54):
She's okay.

Speaker 6 (08:55):
Now why did she Why did she return it?

Speaker 3 (09:01):
I wasn't real happy with it.

Speaker 6 (09:05):
And so she returned it. What was the return policy?
I'm you know, ron, let me explain something. And I
love I love this guy. He comes on. He told
us the problem. He went right to the problem. They
have our phone and they have our money. But and
as you said, Ron, That's exactly what I like. But
now I need some details. So your wife did she

(09:27):
take part in any kind of special promotion or did
she just need a new phone?

Speaker 3 (09:36):
Yes, she putted me to have a newer phone.

Speaker 6 (09:40):
Okay, so she just she wanted a new phone. Was
it part of any kind of special promotion or did
she just go to Exfinity and buy a new phone.

Speaker 3 (09:50):
She just went to Exfinity and we bought the phone.

Speaker 6 (09:54):
Okay. Now she had the phone for just a few
weeks and returned it.

Speaker 8 (09:58):
Why because I really didn't want it.

Speaker 6 (10:05):
Did she buy it for you?

Speaker 8 (10:08):
Yes?

Speaker 6 (10:09):
Okay, now I get it. What did you Okay? So
what was the return policy? Because basically, when you buy something,
it's yours and you don't always have the right to
return it. Or did they have a like a free look,
did they have a guarantee you know, return? What was
the policy for Infinity? Many times when you buy a phone,

(10:32):
you buy it and you don't have a right to
return it. So why tell me why you thought you
could return it?

Speaker 3 (10:41):
I have a fourteen day return policy?

Speaker 6 (10:45):
Okay, got it? Well I think no? No? No? Did
she return it within the did she return it within
the fourteen days.

Speaker 8 (10:53):
Yes, and everything was fine here in Denver. After she
got when she was told to go eventually to the
parents' store and they said, no problem. Would they printed
out a return label. She took it to FedEx. Yes, sure,

(11:13):
she's got the paperwork, and we called Texas.

Speaker 6 (11:17):
So she couldn't She couldn't just return it at the store.
She had to send it somewhere correct.

Speaker 8 (11:23):
They would not take it, but they said, no problem,
send it to the main office in Texas.

Speaker 6 (11:30):
Okay, So the local Infinity store printed out a label
for her. Yes, and she sent it. And what's the
hang up? Why aren't you getting a refund?

Speaker 8 (11:43):
When we called down there, they said they have to.
We keep getting this word. We have to assess this.

Speaker 6 (11:52):
I don't I don't get it. I don't get it.
I mean, this sounds like such a simple problem. Do
you want to say.

Speaker 2 (11:58):
Something something that Ron began to say and then step day.
Here is Ron. Your exact words were, it was partly
our fault. But then I didn't hear anything after that.
So can you please can you please.

Speaker 6 (12:13):
Address I guess I guess you did say that. Well,
how was it? It seems to me that if you
bought a phone. There was a fourteen day look and
see window. You got to return label and send it back.
What are they seeing? And again, what dep Dad? Why
do you think it's partially your fault? We'll come back

(12:34):
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Speaker 9 (13:05):
You don't pay a cent until you're content.

Speaker 6 (13:10):
Time for an insurance check up free no obligation comparison
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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. I'm Tom Martino.

(13:34):
Welcome to the show. Today. We're talking a little real
estate something else. Now, Ron, Okay, we got it. His
wife bought a cell phone for um on a fourteen
day free look and see then he sent it. They
didn't like it. Now, Sinnity says, we have to analyze this.
I have no idea what's going on? So can you

(13:59):
spread any light on it? Why do they just not
process process this as a refund? What is the phone damaged?
Is something? Are we not hearing something?

Speaker 8 (14:12):
No, we didn't use I didn't use it at all.
She's got pictures of the phone when she took it
to FedEx and it was a box within a box
and wrapped up and they acknowledged they got the phone.
And every time my wife calls down there, they said
we'll get with the warehouse. They put her on hold.

Speaker 6 (14:32):
Are they claiming they didn't get it? Maybe are they
saying they didn't receive it.

Speaker 8 (14:37):
No, they said they got it and it's in their warehouse.
My wife asked, well, can we talk to the warehouse
and they say no, we don't get that number.

Speaker 6 (14:45):
Out all right, So you as deputy as jeopardy d.

Speaker 2 (14:52):
So Ron, so what was the part that you said
it may be partly our fault?

Speaker 6 (14:56):
Yeah, what is that about?

Speaker 8 (14:59):
Probably we shouldn't have paid cash put that kind of
outlay for that. They tried to talk us into their plan.

Speaker 6 (15:09):
Where you yeah, but still still if there's a fourteen
day look and see, they should just give your money back.
I mean, I just don't under I guess I'm befuddled.
How long has it been since they received the phone?
He sent it back in August in late August? Well,
I sent it back to and then sent it back

(15:29):
August twenty ninth. And when did they receive it? Well,
probably within a day or so. I mean, what does
that matter. It's September twenty four.

Speaker 2 (15:37):
They have to unpack the bidy goes to a huge
warehouse in Texas, They have to unpack all.

Speaker 6 (15:41):
These saying it's in the process. You should just wait. Yeah,
it hasn't been that long. How long do they say
normally it would take to you at a refund? You know,
I want Deputy D. I want Deputy D to call
right now. I'm dying of curiosity. Now, do you have
a point of contact ron?

Speaker 10 (15:59):
Yes?

Speaker 3 (16:00):
Do it's a one eight hundred number?

Speaker 8 (16:02):
Oh god?

Speaker 6 (16:03):
And do you have some kind of return authorization number
or anything like that?

Speaker 8 (16:10):
Do you have do you have an authorization number. I
don't think, so.

Speaker 6 (16:22):
Okay, and they okay, when you sent it back there
was a return authorization on the Did she have a
copy of the label with a tracking with a tracking number? Yeah? Okay,
good hold on, Deputy D. Yeah, we gotta figure out

(16:44):
what's going on.

Speaker 2 (16:44):
I think we already figured it out.

Speaker 6 (16:46):
Tom.

Speaker 2 (16:47):
I mean they just, in other words, three weeks ago.

Speaker 6 (16:49):
In other words, what you're saying is give them a chance.

Speaker 2 (16:51):
You were going to get your week's Look, it's a
huge warehouse that processes god knows how many thousands of returns.
They have to not only receive it, open the box,
scan the thing, examined it to make sure it's not scratched,
make sure it's the same thing they originally sold.

Speaker 8 (17:05):
Ron.

Speaker 2 (17:06):
I think it's too soon to start worrying about this.

Speaker 6 (17:08):
I guess I should ask Ron straight up, what do
you want? Are you thinking you're not going to get
a refund? Are you thinking it's taking too long? What
is your basic reason for calling today? Did you get
any indication they would not do it? Because when they
said that it's at the warehouse, what did they say
they were analyzing it or have to be received or

(17:30):
protest to be processed.

Speaker 8 (17:33):
Is that n there? We have to assess the situation.

Speaker 6 (17:38):
Okay, I guess they have to look at the phone
and maation. I think what we're going to do. I
put D's name down on this, and I think we
give it really another week or two. I think you
kind of summarized it. They just got it at the
end of the month and it hasn't even been a
month yet. Yeah.

Speaker 2 (17:57):
We also had a holiday weekend during this time, so run,
I have a wonderful contact deep within Exfinity, and this
guy is going to spring into action if we need
to ask for his help. But let's give the warehouse
a couple more weeks to get their act together and
process your return. If that doesn't happen, please call us again,
and I guarantee you I'll follow up with our contact

(18:20):
within Exfinity. Yeah.

Speaker 6 (18:21):
Yeah, I think that we're probably jumping the gun here,
so let's do that. Three h three seven one three
eight two five five. Brad O'Brien, I do have a
text here. Someone is a landlord and they say, what
is the I don't know what this means. What is
the cutoff on the number of tenants for these new

(18:43):
landlord tenant laws? Is there is it for certain big
landlords only or you know how sometimes with employment law
if you have twenty five employees or more or something,
they want to know if they're just a single property landlord,
are they required to follow all of these tenant landlord laws.

Speaker 7 (19:03):
Yes, because it's really viewed from the other direction. Each
tenant it has these rights, these protections, and so it
doesn't matter if it's a twant or one hundred unit.

Speaker 6 (19:13):
And so what are some of the biggest the biggest
changes in tenant landlord relationships in Colorado right now, well just.

Speaker 7 (19:21):
Last year a huge one which was tenants who've been
there for a year now have the right to a
renewal unless the landlord has a just cause like they
want to sell, or they want to renovate, or they
want to move back in themselves as the landlord.

Speaker 6 (19:35):
And is a just cause my son is coming home
from college or graduated and I want my son to
live there.

Speaker 7 (19:42):
Yes, that does fit the landlord wants to move back,
because that includes the landlord's immediate family.

Speaker 6 (19:46):
Okay, but if they simply don't like the client, don't
choose me the tenant. That's not a reason.

Speaker 7 (19:54):
No, No longer can a landlord just not renew somebody
because they rub them the wrong way?

Speaker 6 (19:58):
Okay, So if somebody's a pain in the ass, you
have to have a reason to get rid of them.

Speaker 8 (20:04):
Yeah.

Speaker 7 (20:04):
So the moral is for landlords pick pick the tenants
right from the beginning.

Speaker 6 (20:08):
Right or I heard there's some other tricks, and I
hate to call them tricks, legal maneuvering, workarounds, workarounds, good
good good good word d A workaround like maybe make
it less than a year.

Speaker 7 (20:23):
Yes, you can do an eleven month lease, and then
that gives you some time on the first year.

Speaker 2 (20:28):
If they've renewed into the second.

Speaker 7 (20:29):
Year, might as well do a twelve month Why is
that because once they've been there for twelve months total.

Speaker 2 (20:34):
Oh, then they have these rights kick in.

Speaker 6 (20:36):
Okay, so it's for the first year. If you made
it less than a year, you don't have to abide
by the just cause yea.

Speaker 7 (20:43):
And I have to say lands cannot discriminate against protecting classes.
When I said pick your tenant, right, I mean income?
You know legitimate reasons for right, Obviously they discriminating.

Speaker 6 (20:54):
Yeah, no, I know what you mean. A discrimination based
on income credit scores and all that. You can't do
illegal discrimination. That's right right, okay, So if you have
any questions, give us a call three ozho three seven
to one three talks seven one three eight two five five.
You can also text me again. I'm gonna give you
that number comes right to my cell phone and I'll

(21:14):
read it right here. If you have a question for
Brad O'Brien, and that's seven four, seven, nine, nine nine
fifty two point eighty fix it twenty four to seven.
You feel a little cold right now? They're still doing
that thirty nine dollars refurbishment of your furnace. That means
they take it apart to the extent they can clean
each and every nook and cranny, adding life and efficiency,
and you should do it. It's fix it twenty four

(21:37):
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thirty nine just thirty nine bucks. Go with a sure
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(21:57):
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Help You'll think you're his only customer when you choose
Frank durand the real estate man dot com to list
your home with Remax Alliance three all three nine two
zero sixteen twenty two. Tom Martino here, welcome three O

(22:22):
three seven to one three talk seven one three eight
two five five. Deputy Dimitri has a follow up on
a case he was working on. Anyway, bottom line is
Carmen I think it was she U on July seventh,
called Infinity. She wanted to prepare for her trip to

(22:43):
Europe and she wanted an international Global pass. This is
so she's not charged roaming charges. They told her the
global plan was included in her current plan and she
didn't need a special plan. So she racked up fifteen
one hundred dollars in charges. And she's disputing it because

(23:04):
she said, wait a minute, I was supposed to have
a global plan. What went wrong?

Speaker 2 (23:11):
Yeah, Well, it turns out she actually did find out
what went wrong. So the rep that she spoke with
when she called to add this you know, roaming plan
to her to her phone service, said oh, you already
have it. It's part of the package.

Speaker 6 (23:26):
Yeah.

Speaker 2 (23:26):
She says, well, that's great, so I don't need to
add it. So she packed up, went to Europe, came
back to get a fifteen hundred dollars roaming bill, and then,
to make matters even worse, Infinity just zapped it right
out of her bank account without asking her first, so
she called us for help. Now, prior to calling us
for help, she actually started with Infinity, and Infinity said

(23:49):
that told her that they actually pulled the audio recording
of that phone call with a rep.

Speaker 6 (23:54):
Really, and Infinity said, it's true.

Speaker 2 (23:57):
The rep mistakenly told you that this roaming plan is
already included in your phone service.

Speaker 6 (24:03):
So they the Exfinity agreed that she was misled.

Speaker 2 (24:07):
Yeah, that the rep made a mistake, and so she said, okay,
thanks for acknowledging that. Man, I get a refund and
then they said, okay, you know I'm paraphrasing, but they said, okay,
we'll start the refund and then the refund process, and then.

Speaker 6 (24:20):
The refund never comes. So she calls again.

Speaker 2 (24:24):
They go through that process again, tell her that they're
going to start the refund process, and of course it doesn't.
So she's been stuck in this weird loop where they
acknowledge the mistake, but they won't give her back her money.
So that's when she called us and we told her
that will help. So a couple of days ago, I
was lucky enough to develop a really high quality contact,
very deep inside Infinity and describe the problem to this dude.

(24:48):
He called Carmen to kind of verify the story. See,
you know when the calls took place, and he said, hey,
I'll take on the project. I'll get this done. And
that was what's today, Today's Wednesday? No, today's Tuesday?

Speaker 8 (24:59):
Right?

Speaker 6 (25:00):
What is today Wednesday? Tom? I'm sorry, yes, sir, So
that was on.

Speaker 2 (25:03):
Monday, so yesterday last night, Tuesday night, Carmen emailed me.
She says, she forwarded me an email from customer service
at Exfinity says, your refund is right here.

Speaker 6 (25:13):
They already credited her. They did.

Speaker 2 (25:15):
Yeah, I don't know if they credited her a bank
account or what.

Speaker 6 (25:18):
Guess That's what I'm going to do to you right now.
I'm going to pull out my dinger and great, there
you go.

Speaker 2 (25:25):
Thank you.

Speaker 6 (25:26):
So anyway, so I like using that.

Speaker 2 (25:29):
So if our last caller, Ron still doesn't get his
refund for the phone, he said to infinity.

Speaker 6 (25:34):
You have this contact. Yeah, yeah, we have a room.
We have a great infinity. This guy's we got to
put that on our angel list.

Speaker 2 (25:41):
Oh yeah, all right.

Speaker 6 (25:42):
So, as you just heard, we had success there and
you can call us with your problems, questions, our complaints
and you can have success as well. So someone wants
to know if a just cause can be used in
the middle of a lease not waiting for renewal. And

(26:04):
of course that seems logical to me that you can
evict someone for cause at any time.

Speaker 7 (26:12):
You can notify somebody that what you plan to do
at the end of the current least term, but you
cannot cut short a current least term.

Speaker 6 (26:19):
Well, but if there's a reason, you can, like if
they're doing damage to the property or something.

Speaker 7 (26:23):
Right now, this change in the law has to do with
renewing and not renewing a lease, okay, at the end
of the term.

Speaker 6 (26:29):
But it doesn't okay, so I guess the let me
read into this text. What if they want to get
rid of a tenant in the middle of a lease. Obviously,
if the tenant is cooking meth, they can do it
or something like that. They have to have a good reason, obviously,
for an eviction, and it's not always based on payment.
They could be paying their rent on time, but they

(26:51):
could be loud, or they could be boisterous, they could
be doing illegal activities or something like that.

Speaker 7 (26:58):
Yes, these just cause reasons for not renewing a tenant
have nothing to do with a tenant breach of the lease.
If they're not paying rent, or if there's a substantial
violation because they've there's been some violence or some criminal activity, yeah,
that's a separate, independent reason for terminating lease early.

Speaker 6 (27:15):
Okay. So again, as far as month to month, do
you need a just cause on month to month someone wants, Yes,
you do.

Speaker 7 (27:24):
If they've been there for a year on month to
even if it's month to month, that's right, they've been there.

Speaker 6 (27:29):
As soon as they get to a year, you can't
just terminate that month to month.

Speaker 7 (27:33):
You have to give a ninety day notice that you
have one of these very few just cause reasons for
not renewing them another month.

Speaker 6 (27:39):
And you say there are few reasons, Yeah, the best.

Speaker 7 (27:42):
One is to say the land wants to sell the property. Okay,
but if they want to renovate.

Speaker 6 (27:49):
You can't just I mean, what's to prevent a landlord
from making up a reason like I'm going to sell it,
and then you get rid of the tenant and all
of a sudden decide not to sell it. The tenant
would have to take action on that. I mean, it's
there's not like a police department that's going to come
and say, wait a minute, you just said you were
going to sell this place.

Speaker 2 (28:08):
Yeah.

Speaker 7 (28:09):
When if a landlord uses the reason that they want
to sell, then they have to leave it off the
market for ninety days and they cannot list it for
rent during those ninety days off the market. But then
after that they can't actually rent it out again.

Speaker 6 (28:23):
But they'd have to let it sit vacant for ninety days.

Speaker 7 (28:27):
No, that's not in there. They just can't listen for lease.
They can't put it on the market for lease during
that ninety days after.

Speaker 6 (28:34):
That, okay, got it? Okay. So if I have a
tenant in there and I want to get rid of
the tenant, I say I want to sell this property, right,
and then that tenant can stay there the next ninety days.

Speaker 7 (28:49):
No, after they've moved out, then you can during the
ninety days after they've moved out, you cannot put it
on the market.

Speaker 2 (28:56):
For release.

Speaker 6 (28:57):
Okay, But if you do, though, here's what I'm getting at,
it would be up to that displaced tenant to raise
the issue. Yeah, obviously, and a lot of the tenants, frankly,
are not in a position to fight legally like that.
In other words, if they came to you and said, Brad,
this landlord said they're selling it and they're not. I mean,

(29:22):
in order for you to take action, it would cost
them money, and a lot of tenants don't have the
money to fight that, I think. I mean, look, I
think the laws are pretty far reaching right now anyway,
and I think it heavily favors the tenant, and I
have no problem with that. But in all practicality, the
tenants are the ones that have to take the action,

(29:45):
and I think landlords are not at much risk of
a tenant doing that because it's not like you would
take the case on contingency because there's not a big
reward in it.

Speaker 7 (29:55):
Yeah, if a tenant cannot afford an attorney, a lot
of tenants figure it out. In county, there's a lot
of tenants with no lawyers who represent their case. Is
just fine, really, Yeah, Okay, in landlord tenant matters, no,
I understand.

Speaker 6 (30:09):
So here here's something that I think should have been done.
And again I'm not for government interference, but as long
as they are interfering in tenant landlord affairs, I think
there should be some kind of an arbitration board or
some kind of a so so a tenant. I mean,
there are tenants who are mistreated, and I'm all for
tenants and I'm all for tenant laws that protect them.

(30:32):
What I don't like is uneven this and in this case,
if a tenant found a landlord violating the law and
they don't have the money to take the landlord to court,
there should be an easier method to arbitrate tenant landlord
issues at a state level. I just think it would
be logical. You know you have this, you apply to

(30:52):
this state board for an arbitration or something, because right now,
no matter what the law says, the tenant is the
one that has to raise it. It's not like someone
from the state's going to go to the landlord and say,
mister landlord, you got rid of this tenant and you
were sneaky and you didn't really want to sell it,

(31:15):
or your son was not really moving in. You just
didn't like the tenant. No one is going to do
that except the tenant. And if the tenant doesn't have money,
they may as well not have any rights because they
can't enforce rights without money.

Speaker 2 (31:29):
Does that make sense?

Speaker 3 (31:30):
I mean?

Speaker 6 (31:31):
Okay anyway? Three O three seven one three a two
five five. 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.
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(31:54):
at dozens of insurance companies find out now three oh
three seven to seven to one help. You'll think you're
his only customer when you choose Frank durand the real
estate Man dot com to list your home with Remax
Alliance three oh three nine two zero sixteen twenty two. Hi,
I'm Tom Martino. You're a troubleshooter. Three O three seven

(32:15):
one three a two five five. So let me elaborate
a little on what I was saying. The word I
was looking for is access, like it or not. And
again I'm not casting judgment one way or another, but
like it or not, those with money have more access
to the legal system, and it doesn't necessarily mean they

(32:41):
have a better case. It just means they have better access.
Now we could look at that and say, yeah, big deal,
what's the problem, But it is a problem. I mean,
after doing consumer advocacy for fifty years, I've often seen
where people have been well, that's why I started the show,

(33:01):
by the way, years ago. That's why I did because
people did not have access to lawyers, and I did
a show and said, Okay, let's expose these bastards. Let's
expose people who take advantage of people. And to a
certain degree it helped. But in reality, no matter what
the law says, people have to be able to access

(33:24):
the court system to get the benefit of the law.
It's not like you're going to go to a landlord
or any any kind of potential defendant and say to them, hey,
the law says this, and they go, oh, thank you
for telling me. I'm going to change what I do.

(33:46):
Brad O'Brien. I venture to say, being in your business,
you see a lot of times where somebody comes to
you with a good case but they can't afford to
go through.

Speaker 7 (33:58):
I do, but I also encourage prospective clients to look
at a going into court with litigation as a as
a business making trying to make a business decision, which
is based on what's the amount that's at issue.

Speaker 2 (34:12):
If you're arguing over one.

Speaker 7 (34:13):
Hundred thousand, Okay, that warrants a lot of attorney fees
five thousand Maybe not right.

Speaker 6 (34:19):
But I imagine you find people who are so called victims
that have a good case, but they can't afford to
enforce their rights.

Speaker 7 (34:26):
Yeah, and I refer them to legal societies or give
them other ideas.

Speaker 6 (34:31):
Yeah. In fact, access is one of the biggest problems
we have. We have more coming up on the Troubleshooter Show.
I love your comments on that and more. 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

(34:52):
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 seven one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Yea ripped.

Speaker 3 (35:19):
News.

Speaker 6 (35:20):
You need advice? Who you don't have?

Speaker 4 (35:24):
Come running just as fast as we can. Shooter's gonna
help come Man.

Speaker 5 (35:31):
Six is the Troubleshooter Show. No Tom Martino, Hey.

Speaker 6 (35:37):
Tom Martino here, Welcome to the show. Three O three
seven one three talk three oh three seven one three
eight two five five or three oh three Martino three
oh three six two seven eight four six six. This
hour brought to you by Frank durand the real estate
Man dot com. If you want to know what your
house will sell for, he'll do a free market valuation

(35:59):
to see where you stand in the marketplace with comparables
and market conditions, and he he really does a great job.
It's very detailed with no obligation to ever list. But
if you want to get an idea of what your
house will sell for and what you'll net, he can
do it for you, and again no obligation. Three zero
three nine two zero sixteen twenty two. Frank Duranth real

(36:23):
estate Man dot com. So I have Brad O'Brien with
me from what Brian Legal Services. We'll talk to him
some in careers I'm getting by text if you want
to text me as well seven four seven nine nine
nine fifty two eighty if you'd like seven four seven
nine nine nine fifty two eighty. Well, anyway, the bottom

(36:48):
line is when it comes to investing, when it comes
to the economy, when it comes to finance, people are
always looking at things called leading indicators and lagging indicators.
Leading indicators would be things that happen that tell you

(37:09):
what the economy will be doing, and lagging indicators verify it.
They come after. So what are some what are some
leading indicators? Well, there's all kinds of leading economic indicators, okay,

(37:30):
but there's one that I've heard about just today that
blew my mind. So what would be what would be
the conventional ones? I'm asking AI? What are some leading
economic indicators? Stock market performance, because that gives you an
idea of what people are thinking and what are they.

(37:54):
Do they have confidence or are they cautious? Is trading down?
There's also something called the consumer confidence index, again how
people feel. But there's actually factory orders on durable goods now.
Durable goods are more like heavy duty vehicles, appliances, machinery.

(38:18):
If the orders for durable goods are down it's showing
that people are putting the brakes on a bit. Also,
new orders for manufacturing like big production runs, building permits
like are people building homes? Housing starts is a really

(38:41):
good leading indicator. Unemployment claims. Weekly data show how many
people are unemployment, and as it goes up, it is
a leading indicator of things to come. Also, the amount
of money circulating in the economy, the money supply. What

(39:05):
about this, This is a weird when average weekly hours worked.
When manufacturers increase average work hours, it often proceeds hire
hiring surges and stronger productions. So you look at all
these things. There's all kinds of things people use in

(39:26):
their crystal ball to figure out what's going on in
the economy. So what do you use? What do you use? Well,
I'll tell you what. Deputy Dimitri said, Oh, by the way,
I use this, And I said what, So I'm going

(39:48):
to say it has to do with cardboard. Now, he
is in the recycling business. That's what he does. And
what he does is he goes out and pays clients
to take their cardboard. Then he takes that cardboard and

(40:12):
either sells it or does whatever he does with it,
and he makes a spread. I don't actually understand your
business completely, but in a nutshell, you pay clients who
have big cardboard wastes.

Speaker 2 (40:24):
Yeah, they're all commercial customers, Tom, They are factories, their
distribution centers. There are places that just churn out many,
many tons of literally tons of cardboard per day.

Speaker 6 (40:35):
So those that you go pick up their cardboard. You
actually go up to these people and say, I'll pay
you for your cardboard.

Speaker 2 (40:41):
Yeah, I haven't been able to pay this year because
it's a very volatile, volatile commodity. Right, so it has.

Speaker 6 (40:48):
What does that mean volatile commodity.

Speaker 2 (40:49):
Well, the scrap. So I sell cardboard to paper mills.
You use that as input for their brand new cardboard.

Speaker 6 (40:55):
Pay So you pick it up from your clients and
you sell it to to paper mills.

Speaker 2 (41:00):
So it goes to the roads, trucks or rail cars
and paper mills buy that stuff.

Speaker 6 (41:06):
Now, the reason you may the spread makes the spread.

Speaker 2 (41:08):
Yeah. So now the market price for it is extremely volatile.
It depends on how much cardboard the mill needs that month.
So it's it's very cyclical, Tom, I've been in this business.

Speaker 6 (41:20):
For thirty years.

Speaker 2 (41:21):
The prices, the prices are very cyclical in some hot markets,
I can pay the customer of Fortion for their material,
and I can also pocket a fortune because the mills
pay twice the.

Speaker 6 (41:31):
Fortion number for the cardboard. But let me ask you
a very simple question. If you don't pay for the cardboard,
aren't they just happy to get it taken away? Yeah?

Speaker 2 (41:42):
Because yeah, so this year, for example, we haven't paid
a penny for cardboard.

Speaker 6 (41:47):
Clients don't resist saying, wait a minute, you were paying
me so much last year, you're paying me nothing this year.
Do they balk at that?

Speaker 2 (41:54):
They don't bulk at it. They do ask about it. Hey,
we haven't seen a check in a few months. Right,
Car scrap cardboard prices are very easily verifiable. There's a
monthly publication that actually publishes a national survey in all
kinds of different markets like Southwest and East and West coast.

Speaker 6 (42:11):
And that's so they're still happy that you're taking away their.

Speaker 2 (42:15):
Wast Yeah, because I'm saving them many thousands of dollars
per month in garbage bills.

Speaker 6 (42:19):
Right, So the alternative growing it. No matter what, when
you take their scrap, you're you're providing a service to
them free of charge.

Speaker 2 (42:27):
That's this year, that's what it's been like, because it's
a very tough.

Speaker 6 (42:30):
Market and they just trust you to pay them based
on the market. Yeah, well there's no other choice, right,
I mean, it's they can go to another guy that
will pick it up and say, hey, Dimitri's not paying you.
I will. I mean, but that.

Speaker 2 (42:45):
Happens sometimes and then those checks don't come where they
get like a seven dollars check or something, so that
these things are pretty clearly you know, discovered.

Speaker 6 (42:54):
But big producers of scrap cardboard, big customers of yours.
What would be a big what would be a big customer?
How much do you take in a week?

Speaker 2 (43:04):
I mean, well, so a good example would be a
food factory. That's one of my customers. And we have
a lot of food factories here, Tom. These are the
ones that make like prepackaged refrigerated meals and frozen meals
that you buy at the grocery store. They produce similar
to scrap card I'll give you an example. We have
a semi over there once a week, pre scheduled, and
we fill the semi up with bailed card. So this

(43:24):
customer actually has their own baylor and we fill it
up once a week and we get about about thirty
eight forty pounds of cardboards per week if for.

Speaker 6 (43:33):
Just one of their buildings, forty pounds of cardboard per week.

Speaker 2 (43:37):
Yeah, but you know, you got to keep in mind
everything that they use to make their product comes in
little cardboard boxes. I mean a case of bacon and
cases of onions.

Speaker 6 (43:46):
So when you pick up this cardboard, if you don't
get enough for it, you could even go in the
hole with your trucking costs, couldn't you, because I imagine, Yeah,
it costs you to get it from your clients. It's
very expensive. So to get it from your client to
the end user. Do you ever end up where you
are at a loss? Very rarely.

Speaker 2 (44:07):
So all of my contracts actually have a charging provision
where it says that if the market declines to the
extent that it can't even cover our trucking costs, we're
going to give you the option to either cancel the
contract or continue with us, but we would have to
charge you, you know, several hundred dollars per pickup for example.

Speaker 6 (44:23):
Okay, okay, have you ever had to charge a client
as opposed to pay a client or break even?

Speaker 2 (44:29):
It's pretty rare. Like right now, I'm pretty much just
breaking even. I haven't had to charge anybody, but the
last bad market, some of our smaller customers had to
pay a few hundred bucks per pickup.

Speaker 6 (44:39):
Now, how do you use cardboard strap cardboard as a
leading economic indicator? Okay, well, let me give you an
example of what the market is like.

Speaker 2 (44:50):
So in the past thirty years, I've seen scrap cardboards
sell at the mill to the mills would buy scrap
cardboard high of about two hundred eighty dollars a ton,
and the low of about twenty dollars a ton.

Speaker 6 (45:04):
Right now we're about forty much are spread from twenty
dollars a ton. It's a two eighty dollars.

Speaker 2 (45:09):
These are huge swings and they take about a year
to accomplish.

Speaker 6 (45:14):
So it literally is like that market.

Speaker 2 (45:16):
If you plot it as I do, it's it's really
a sign wave, and it's a very reliable one. So
right now we're in a terrible market that started a
little over a.

Speaker 6 (45:26):
Year ago, a terrible market for mills paying for.

Speaker 2 (45:30):
Yeah, I was getting paid about one hundred sixty one
hundred eighty dollars a ton for cardboard. Right now I'm
getting paid about thirty five So what.

Speaker 6 (45:39):
Does that tell you about the economy? Well does cardboard?
How does cardboard serve as a tell.

Speaker 2 (45:46):
It predicts the economic activity perfectly. This is my ninth
crummy market, and that means I've also been through eight
hot markets. So if I when I do, when I
plot the sign wave of scrap cardboard prices and now
overlay let's say S and P five hundred right over that,

(46:07):
which has its own kind of a sign wave, you know,
mainly upboard sign wave, my cardboard scrap prices predict the
S and P five hundred perfectly, all nine times by
six to nine months ahead of the S and.

Speaker 6 (46:24):
P five hundred. So when you are at a low
cardboard where the mills are paying less yes for the cardboard,
what does that mean for the stock market?

Speaker 2 (46:36):
Well, the stock market is arguably a concurrent economic indicator.

Speaker 6 (46:41):
Right do we agree on that's going on right now?

Speaker 2 (46:44):
Yeah, So what my cardboard price tells me when it
begins to decline is that the economy is slowing down.

Speaker 6 (46:51):
And here's the link, Tom, This is the important part.

Speaker 2 (46:54):
Everything that's manufactured is shipped out in cardboard boxes. So
every wash machine, you know, every cell phone, also Christmas
goods to get some walmarts.

Speaker 6 (47:05):
They're all shipped out in cardboard boxes.

Speaker 2 (47:08):
Now. Cardboard buyers, so if you're running the Apple factory,
the iPhone factory, you place your order for cardboard boxes
six to nine months in advance. That's how long it
takes to manufacture and deliver industrial quantities of cardboard boxes.
So paper mills have to buy my cardboard or you know,
from people like me for the five months ahead. So

(47:31):
at this point they see what their orders are like,
they see how much cardboard they're going to need in
nine months, and they start placing their orders.

Speaker 6 (47:39):
So if they do so, if you'll have a big
demand for your cardboard, if you have a big demand,
that tells you nine months ahead of time.

Speaker 2 (47:50):
Yeah, the purchasing managers are forecasting higher shipments of their
products in six to nine months, and it has never
ever failed. Now, when I see the cardboard price begin
to decline month after month after month, that means they're
placing fewer or orders for less boxes and in more boxers.

Speaker 6 (48:11):
Yeah, usually six to nine months in my case. Yeah,
in my If you can get a big surge in
cardboard this week, uh huh, it tells you that stocks
will go up a bit in six to nine months
if it's confirmed.

Speaker 2 (48:28):
So I want to confirm it by two or three
months of upticks. So my pricing changes once a month. Okay,
cardboard doesn't trade every day, but the pricing survey is
published on the fifth of every month. So for the
past fourteen months, it's been downticking every single month, tom
down to about a third of what it has been. However,

(48:48):
these last two months it stopped downticking.

Speaker 6 (48:51):
It's been level. How long does it have to uptick
or downtick before it means something to you? For three
or four months on all of my curves, at three
or four months, I can make I have been making
one hundred percent accurate predictions after three or four months,
three or four months of downticking, you can say with

(49:12):
some confidence that the S and P five hundred will
be down in six to nine months.

Speaker 2 (49:18):
Yeah, if we can agree that S and P five
hundred is a really good concurrent indicator or the general
economy whatever.

Speaker 6 (49:24):
Yeah, yeah, general economic case are most most of the
time they are right because they take into consideration earnings, sentiment,
and on all of those things. For trading, so you
have tracked the price of cardboard, and you have seen
that when it's down for a period of three or

(49:44):
four months, then it most likely means a downturn in
the market.

Speaker 2 (49:51):
Not most likely in my case, since nineteen ninety four,
it's been one hundred percent reliably predictive.

Speaker 6 (49:57):
Okay, I'm really really fascinated with this because I want
to know what happens if it goes down for four
months then sharply all of a sudden increases. If that's
ever happened, we'll talk about that. Plus what happens if
it's fluctuating. Does that mean uncertainty in the market in
the future. Oh my goodness, Sarah, real quick, let's get

(50:18):
started on your problem. I got to take a break.
But what's going on with you, Sarah? Hi?

Speaker 11 (50:23):
I was actually reaching out about Bucky's in Johnstown. I
just had a troubling experience with the cash repis gentlemen,
and I just wanted to kind of do a public
service announcement because they have a new quality in place that.

Speaker 6 (50:35):
I was Okay, Sarah, Sarah, could you do me such
a big favor if you can hang on? I want
to hear because it sounds like you're going to need
more than just a few seconds. Let's talk about this
trend at Bucky's. A new policy that Sarah wants to
talk about. Right after this, go with a sure thing
Denver's Best roofer Excel Roofing dot com. You don't pay

(50:58):
a cent unto your tent 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 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

(51:20):
Remax Alliance three all three nine two zero sixteen twenty two.
And it was the River Justice. Hi, Tom Martino here
three all three seven one three talks seven to one
three A two five five. I'm totally fascinated, and I'm
going to go back to Dimitrian this, but first I
want to take Sarah, who says she just had an

(51:43):
experience at Bucky's and wants people to know about it.
And she said they had some change of policy that
took her by surprise. So, Sarah, you were at Bucky's
just this morning. Was it just this morning.

Speaker 11 (51:57):
Yeah, like thirty minutes ago. So I had made purchase
of clothing from my daughter about two weeks back. I
don't live in the Johnstown area and I'm not through
there all the time.

Speaker 12 (52:06):
Sure, but I had stopped two weeks.

Speaker 11 (52:08):
Two weeks ago, and I purchased these this outfit for
my daughter, took it home. It didn't fit her, so
I knew I was going to come back up in
about two weeks. I stopped by and he told me
that they wouldn't accept the return. And I said why,
is there a reason why? Yeah, and he says, well,
we have a store policy that doesn't allow returns. And
I said when did this policy go into place, Yeah,

(52:30):
and he said yesterday at nine am. And I was like, well,
this wasn't in existence at the time of my purchase.
So I would like a special, you know, just give
me a store credit, like I'd like some grace given
to me. This didn't exist at the time of my purchase.
And there for a child doesn't fit. It's fifty bucks
in clothing, and just give me.

Speaker 6 (52:50):
They wouldn't even do they wouldn't even do a store credit.

Speaker 11 (52:54):
No, he said that he would lose his job. He
said that he has to put in his teller ID
number and that they're going to come down and find him,
and he has to think about his children.

Speaker 6 (53:05):
Wait a minute, so you're telling me, I mean I
mean BUCkies like like, you know, one of the things
one of the things consumers measure. One of the things
consumers measure about retail is the ease of returns, replacements, refunds,
and credits. That's one of the biggest biggest issues with

(53:27):
consumers that I've learned over fifty years of dealing with them.
And here's the deal. Okay. For example, people absolutely used
to love Nordstrom because they had the reputation they'll take
anything back and give you credit or give you a refund.
And then Costco has wonderful liberal policies. People don't feel

(53:48):
trapped in a purchase, and when they don't feel trapped
in a purchase, they actually spend more. So BUCkies was
one of those places that had very liberal return policy
and they said it just changed. So right now, if
you buy something at BUCkies, you're telling me, if we
buy something at BUCkies, there is absolutely no return at all.

(54:12):
If it's defective, obviously they'll take a return.

Speaker 8 (54:15):
Right.

Speaker 11 (54:17):
I have no idea. Yeah, he just said that the
policy was effective yesterday at nine am and there was
nothing I could do about it. And I said, hey,
like I purchases for a child, they don't fit the kid,
obviously they don't fit me. And he just kind of
shrugged his shoulders at me. So I picked up the
items and I left. It's fifty dollars in items. I'm
going to donate to goodwill. Like I don't they're brand news.
We still have the tags on them. I don't know

(54:39):
what's what worthy clothing.

Speaker 2 (54:40):
Now, by the way, what were the items? There's there's
a little nuance in their return policy.

Speaker 11 (54:45):
T shirt.

Speaker 6 (54:47):
Oh okay, T shirt? Why would tell me what you're reading?

Speaker 2 (54:50):
Would they say that some items are not returnable even
with a receipt and those items are swimwear and beaver costumes?

Speaker 6 (54:57):
Was beaver costumes? Yeah? Because they figure you're going to
wear it at an event. You'll wear it at an
event and return it, so they don't want you to no. No,
A lot of Halloween costumes are like that. They won't
take returns And I say, Halloween, but costumes because they
don't want you using it for a party and then
returning it. But you're saying that it's pretty well documented

(55:22):
online the return policy. We just that part. I'm looking
at their general I'm looking for their general return. So, Sarah,
prior to this, you were able. Prior to this, you
have purchased things at BUCkies and were able to return them.

Speaker 11 (55:35):
Oh no, I've never purchased clothing at BUCkies before. Like
I said, o't okay area, and I don't go through
there very often. But I was up saying related event,
and so i'd gone through.

Speaker 6 (55:48):
I stopped there and this was Johnson's corner.

Speaker 11 (55:51):
Yes it was. And they have a piece of paper
that's framed behind the like there's two registers out the
I guess that would be the west doors on the
left and the right. And the manager that I was
talking to gesture to this framed piece of paper. It's
not at the register. Customers are not going to see that.
And he's like this, Well said, well when does that

(56:12):
go into place? He said, yesterday at nine am.

Speaker 6 (56:15):
You know, by the way, Sarah, I understand your concern
and I understand the issue. And as I said, when
when surveyed over the years, it was one of consumers
most pressing issues, the ease of returns. Now, in the
true pure sense of shopping, there is no guaranteed return

(56:39):
ever unless it's defective.

Speaker 8 (56:41):
You know.

Speaker 6 (56:42):
Obviously, what we're saying is is that they don't. We
know they have the right not to accept returns, but
the problem is when a place has accepted returns for
years and years and years and then they don't, it's
definitely going to have an impact. But there's not a

(57:02):
big sign. It's a small sign. I wonder how many
other people this happened to.

Speaker 11 (57:07):
Again, because if anybody, Yeah, I want to find out
purchase and this happens. Yeah, it's not fair. That's why
I wanted to call and say something, because I don't
want this happening to anybody else. Fifty dollars in clothing
is not a small purchase, especially for a child. You know,
gol her friends have the BUCkies gear and I thought
she would like it. They just don't fit her.

Speaker 6 (57:28):
Okay, I got it, and I appreciate you telling us. Sarah. Again,
I didn't know what their policy was before, but it
recently changed. And again, return policies are very, very very important.
Now many places have a return policy that will obviously

(57:48):
they take defective merchandise back. Obviously, if something doesn't work,
they take it back. Many have an exchange policy that's
more liberal, but you only get store credits, so they
don't want you to buy something for an event and
return it. So they want to give you store credit
because they want you spending the money with them, whether

(58:11):
it's on that item or not. Others have a return
policy that is pretty strict, no returns whatsoever unless it's defective.
Now almost every store has to take back a defective product,
but for clothes that just don't fit, or for that
kind of an issue I'm seeing online here, I'm just

(58:34):
looking that many many people expect it, and I venture
to say, almost no one checks return policies at a store.
I don't. I don't either. And one thing that Amazon,
Amazon has been absolutely positively wonderful about returns. Amazon even

(58:57):
allows you to return something if you changed your mind.
That's one of the drop down things you can do
it because the website description is off, it's defective, or
any number of things. You get a drop down on
Amazon before you get your return authorization and your label.

(59:18):
And one of them is I don't need it anymore.
Another one is was purchased by mistake. Another one is
I changed my mind. So that's what I think is
the strength of Amazon that you don't feel trapped in
a purchase, and when consumers don't feel trapped, they spend more.

(59:40):
I think this is going to bite BUCkies in the beaver.
We got 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

(01:00:01):
up free, no obligation. In comparison, call Compass Insurance paying
too much your coverage at dozens of insurance companies find
out now three all three seven seven to one help.
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martino here. So BUCkies has

(01:00:26):
stopped taking refund or taking returns. And first of all,
I want to go to Rohnda. She has a follow
up for a case that she called in about on
Car Day on Friday with Colorado Motor Cars. But then
I want to get back to this Buckys thing because
I'm people when they describe BUCkies. The twinkle in their

(01:00:50):
eye and the spring in their step is more than
a kid who went to Disney World. I swear to god.
It's like they say, oh my god, you haven't been there.
You got to go there. And whether you have to
buy something or not, they tell you you got to
go there. You got to go there. Tom.

Speaker 2 (01:01:05):
It's a magical, magical place. Everybody has a smile on
their face. They come off sing songs when a brisket
comes out of the oven.

Speaker 6 (01:01:13):
All right, hold on, Miranda, you called in, you called in.
I have your call here. You bought a twenty eighteen
Honda a Cord had one hundred and twenty thousand miles
on it. You bought it from Colorado Motor Company. You
traded in a twenty nineteen Nissan Infinity. Again, I didn't
know why you did that. The car immediately went into

(01:01:34):
limp mode. The bank repossessed the car, and now Colorado
Motor Company wants fifty six hundred bucks. By the way,
have you heard from Deputy Doc at all? Oh? No, okay,
because I have him down here, so he never called you. Yeah, okay,
what's going on with your case? Right now?

Speaker 2 (01:01:58):
Well?

Speaker 13 (01:01:58):
I got any email from the crew investigator from the
Department of Revenue, and he said that their lawyer, that
Colin Mocar's lawyer, said that I just needed to complete
my interview with the finance company, and.

Speaker 6 (01:02:12):
What did they say would happen if you completed? So
I am shocked, and I'm pleased by the way, but
I'm shocked that Colorado Department of Revenue actually sent an
investigator on your case.

Speaker 8 (01:02:27):
Yes.

Speaker 6 (01:02:29):
Wow, I've heard that before from a car dealer.

Speaker 2 (01:02:32):
I know. He said, they actually investigate and people should
show up.

Speaker 6 (01:02:36):
What complaint did you make, Ronda that they basically stole
from you? Yeah?

Speaker 3 (01:02:41):
Yeah, so story with me.

Speaker 6 (01:02:46):
So they said, I love this. So Colorado Motor Company
said basically that all you have to do is complete
your interview with the finance company, and what would happen.

Speaker 13 (01:03:01):
I did a different car. I guess. I don't know
what a higher interest rate?

Speaker 6 (01:03:07):
What's an interview with a finance I know you have
you ever heard? Well, here's the thing she was supposd.
This is what I don't understand about the issue. When
you traded in your car and you got the two
I don't know why you traded in a newer car
for an older car that what's that? She doesn't either,
I don't. And how many miles were on how many

(01:03:28):
miles were on your niece on Infinity.

Speaker 13 (01:03:31):
One hundred and seventy thousand, one.

Speaker 6 (01:03:33):
Hundred and seventy thousand, So you traded it in and
got a car with one hundred and twenty thousand miles
correct and that car went into limp mode? Did you
ever figure out what was wrong with that car or
they repossessed it?

Speaker 12 (01:03:49):
They repossessed it.

Speaker 6 (01:03:51):
How long did you have it in total before they
repossessed it?

Speaker 13 (01:03:56):
Seventeen days?

Speaker 2 (01:03:58):
Wait, how does the repossession begin? I don't know.

Speaker 6 (01:04:01):
I don't know any of it. And that's why I
wanted someone to call on it. I want to give
this to a deputy d to work on if he
could just find out what's going on, because it's Ronda.
It sounds like you don't have any idea what's going on.
I mean, it sounds like you were totally well. You
got to take some responsibility. I mean, you go to

(01:04:21):
a dealer, you drive away with another car, and you
have no idea if it was financed or not. You
have no idea what condition the car was in. All
you know is that they took the car back and
they wanted fifty six hundred dollars from you. Did they
say they would give your car back? I mean, what
happened to your trade in? They still have it?

Speaker 13 (01:04:45):
They said it's in recom whatever that means.

Speaker 6 (01:04:47):
I don't know what the reconditioning. Well, they just undo
this whole I think what you ought to do is
have the whole deal just undone. Honest to God, they
ought to just make it like it never happened.

Speaker 2 (01:04:58):
Because you ask them to do that. Did you ask
him for your car back?

Speaker 6 (01:05:01):
Did you ask him to undo the deal? What did
they say? It can't look at people can't be so
in love with money that they have to screw somebody
like Rnda. Now, Ronda, I will say, you did absolutely
everything wrong.

Speaker 2 (01:05:16):
I'll tell you what.

Speaker 6 (01:05:17):
D She doesn't even know what she did. She, honest
to God, doesn't understand what she did. All she knows
is she drove in there and drove away with another car.
She has no idea of the interest rate, she has
no idea of the financing. She has no idea what
happened to her car. She has no idea how much
they gave her for her car, do you, Randa, I
have an idea. I think she is totally death, dumb

(01:05:39):
and blind here. I think I know what happened, Tom.

Speaker 2 (01:05:41):
I mean, I think it's reasonable to say that she
drove away with the car before the you know, they
let her have the car.

Speaker 6 (01:05:47):
Before the financing was finalized. That's right.

Speaker 2 (01:05:50):
Then the financing fell through and they wanted their car back.
That's how repossession happens. On day seventeen, right.

Speaker 6 (01:05:56):
Exactly, They wanted the car back because financing fell through.
But Ronda doesn't know that. Again, Ronda, I really mean
this sincerely, and I don't mean to insult you, but
I don't know how you get along in life. I
swear to God, how you drive onto a car lot
and drive away with another car and have no idea

(01:06:16):
about any aspect of it. She doesn't know the condition
of the car. She doesn't know the condition. She doesn't
what's that, Ronda?

Speaker 14 (01:06:24):
I did?

Speaker 11 (01:06:25):
I had the car pax.

Speaker 13 (01:06:26):
I went by the carpax, I looked at the car.
I mean, I knew the interest rate, and I had
paperwork that said the finance company's name and information.

Speaker 6 (01:06:35):
Did say did it say that?

Speaker 2 (01:06:36):
The first of all?

Speaker 6 (01:06:38):
Why why did you did you go to Colorado Motor
Company to buy a car? And did you pick this
car out the one that you bought? Yes?

Speaker 8 (01:06:50):
I did?

Speaker 6 (01:06:51):
Okay? So you walked the lot, you picked out the
twenty eighteen Honda Accord. And do you know how much
they gave you for your trade?

Speaker 13 (01:07:01):
They gave me forty five hundred dollars?

Speaker 6 (01:07:03):
Okay? Good? And now at least she has some details
on that. How much did you owe on that car?

Speaker 12 (01:07:10):
Nothing?

Speaker 6 (01:07:12):
Okay? So they gave you forty five hundred dollars? And
how much did they charge you? What was the price
tag of the twenty eighteen Hondo Cord?

Speaker 13 (01:07:24):
It was fifteen thousand, okay.

Speaker 6 (01:07:27):
So fifteen thousand minus forty five hundred, So basically you
financed around ten grand?

Speaker 12 (01:07:36):
Correct?

Speaker 6 (01:07:39):
And how much was the loan? Was it ten grand?

Speaker 3 (01:07:44):
I think it came to fourteen?

Speaker 6 (01:07:46):
Mop and glow and sales. Wa wait a minute, So
you trade you got buy a car for fifteen, You
trade in a car basically for five and you come
back out with a loan for fifteen, So you got
zero rod for your car or they added what did
they add to your car? I got to take this break,
honest to God, sometimes I just don't even know what's

(01:08:08):
going on. Go with a sure thing Denver's Best roofer
Excel Roofing dot com.

Speaker 9 (01:08:13):
You don't pay a cent until you're content.

Speaker 6 (01:08:18):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
to seven to one help. You'll think you're his only
customer when you choose Frank Durand the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hi Tom

(01:08:42):
Martino here three O three seven to one three talk
seven one three A two five five Deputy D I
want you to look into this car deal. Listen car
deals again. They have taken They have taken over as
my number one problem, top planes, used cars people. I'll

(01:09:02):
tell you what the car business is going crazy. People
get screwed each and every day. But here's the problem.
They walk into being screwed and they let themselves be screwed. First,
some of them have no idea what is the element
of a deal and what is missing or what they
need to do or how they got Look at God,

(01:09:25):
it's just crazy. I'm going to say something. Okay, most
people should not ever go to buy a car without help.
Most people and you need to bring someone who knows
how to buy a car. I swear to god. Used
car dealers have resurfaced.

Speaker 9 (01:09:43):
There was a.

Speaker 6 (01:09:43):
Time when buying a car was got better. It got better,
and now since COVID, the used car business has gone
freaking crazy. It's crazy with the liars, the cheats, and

(01:10:04):
the ripoffs. We have more coming up on the Troubleshooter Show.
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 check up free, no obligation

(01:10:26):
comparison call Compass Insurance paying too much your coverage at
dozens of insurance companies find out now three O three
seven to seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two ripped off.

Speaker 10 (01:10:51):
You need so you don't have.

Speaker 4 (01:10:57):
Run in As came, Shooter's gonna help coming.

Speaker 5 (01:11:03):
Man Dix is the Troubleshooter Show.

Speaker 6 (01:11:07):
No Tom Martino, Hey Tom Martino here, welcome to the show.
We are here to help you solve problems, to answer questions,
to take your complaints, make life just a little easier.
So what is going on in your life? I have
Brad O'Brien with me from O'Brien Legal Services to talk
about real estate. We also talked about how cardboard can

(01:11:28):
predict things that might happen in the economy. I've gotten
some questions about they want that explained again. Some tuned
in late to that, and we also talked about BUCkies
no longer accepting returns. All sales are final and by

(01:11:49):
the way, in general, all sales are final. In general,
I mean that should be the default. We've gotten used
to a world where people accept returns, and really they
don't have to unless an item is defective. No one

(01:12:13):
really has to accept a return. But more and more
companies have over the years accepted returns. And what I
have found in dealing with consumers for fifty years is
that they spend more with companies that have a liberal

(01:12:35):
return policy. Why because they don't feel trapped in a transaction.
For example, Amazon, I think of all the companies ever,
ever makes it the easiest to return something, even if
you've bought it by mistake, changed your mind, no longer

(01:12:56):
need it. There are all kinds of reasons where you
can return something to Amazon and they make their retailers
take it back. Now that gives consumers a feeling of confidence.
I can buy it, and if it's not any good,

(01:13:18):
I can send it back and get a credit. Even
in cases where retailers balk at giving a return or
a refund, Amazon will sometimes step in and do it
for them and then go after the retailer. They take
you out of the fight. I think this is excellent.

(01:13:38):
One of the original retailers to have a very liberal
return policy was Nordstrom. Nordstrom's used to take things back
for any reason. In fact, there were stories about how
Nordstrom would take something back that you bought at another store.
There were such great stories at one time about Nordstrom

(01:14:01):
customer service. They were one of the first retailers to
really give super customer service. Then after that the word
got out and everyone tried to match Nordstrom customer service.
But now I don't think anyone can match Amazon. Why
do people shop at Amazon. Why is retail dying? Because

(01:14:24):
you can go to Amazon right now and have something
delivered in the morning. You don't have to go through inventory,
you don't have to search for things, you don't have
to worry about it being in stock. You go to Amazon,
you find it, you order it, you get it within
a few days, and if you don't like it, you
send it back and get a full credit. Amazon has

(01:14:47):
made retail the most comfortable, convenient experience in the world
bar none. That's why they're succeeding. Of course, it took
about twenty years of losing money. Amazon never made money,
and he kept going and going and going, and now

(01:15:09):
wrote the book, everyone goes to Amazon. I mean, think
about it. I don't even step foot in a store anymore.
I can't listen. I actually went to a store. I
swear to God. This happened to me, and I can't
believe it. I went into a store and I was
looking for something, just call it a widget. What it

(01:15:30):
was is not important. And the guy is walking around
trying to help me find a widget. He couldn't find it.
So here's what he said to me. He said, I
swear to God, I couldn't believe it. And this happened
within the last few months. Do you know what he

(01:15:52):
said to me? He said, I can order that for you.
I think about that. Think about this stupidity in that statement.
I couldn't find a widget in a store where he worked,
and they're all walking around with their red vess on

(01:16:15):
and I said, He said, well, we can order that
for you. And I said, do you know what century
we're living in right now? Ouch? I laughed about it.
I said, do you understand that I stopped here just

(01:16:35):
because I was driving by and I figured I could
just drop in and get it. It took me longer
to park than I could order it on Amazon, but
I did it. I was on my way home and
I did it. And now you say you can order

(01:16:59):
it for me. I said, do you realize I can
go home right now and have it on my doorstep
tomorrow morning? Because he was talking about ordering it for me,
getting it in stock, and then calling me think about it.
I don't even know why people step foot in stores anymore.

(01:17:22):
How do you shop? Do you still go to stores?
Do you, I mean, Brad O'Brien, do you go to stores?
And do you go to retail stores or do you
go to Amazon. I'm serious, how do you shop for
normal stuff?

Speaker 7 (01:17:33):
A lot of Amazon? But you know, if I need
something quick like home depot kind of stuff.

Speaker 6 (01:17:38):
Yeah, yeah, of course, I think home Depot is pretty
quick and easy. But even for stuff at home Depot,
sometimes rather than going in and trying to figure out
where it is or what it is, I swear to God,
I have become online for even gross I mean, I

(01:18:01):
go on and I pick my stuff and I have
it delivered. And I think that is the future. That's
actually the present. Well, okay, that's right. It is the pressure.
I would say, more and more people are starting to
do this. Why waste gas, Why waste time? Why waste energy?
And there's nothing worse, nothing worse than an idiot who

(01:18:25):
is in a store and doesn't know their product or inventory.
And here's another thing you get with retail you never
have to put up with anymore. I was looking for
a Fender washer for those listening. A Fender washer is
a big surface of a washer with a little hole
in the middle. As opposed to the hole being bigger

(01:18:47):
than the washer, the washer's bigger than the hole. Okay,
A Fender washer you use it to bear pressure on
a wider area with a smaller hole in the middle,
so that I just wanted to explain it. It wasn't
a normal washer. So I go in to home Depot
it was home Depot at the time, and I said,

(01:19:10):
I need some fender washers. So the guy who probably
came out of retirement, he looked like he came out
of retirement, and he he took that out of my
hand and he's looking at it again. And the time
he was looking at it, I could have ordered a
dozen of them on Amazon, but I just happened to
be at home Depot and he says, we don't have

(01:19:33):
any right now. No, No, it's because he looked at it,
and he was looking at washers. He took me to
the washer aisle the attachments and couldn't find it. He said,
I don't think we have any, and right over his
left shoulder there was a bin of fender washers. I

(01:19:55):
reached over and I says, you mean these. It pissed
me off so much that I just said forget it,
walked out, went home and ordered it on Amazon. Razor.
I don't know what you're commenting on Sears Sears is
a dinosaur that went and died, and you can find

(01:20:17):
a fossil now and then. But what is your comment
on Sears? How did they drop the ball?

Speaker 10 (01:20:23):
How did they not do Amazon?

Speaker 15 (01:20:26):
They had everything, they had the catalog, ordering, the delivery, yet.

Speaker 3 (01:20:30):
Somehow they didn't put it online.

Speaker 6 (01:20:34):
Oh oh oh, yeah, you're right. Why did Sears die
is what you're saying. I don't know why they did.
By the way, Walmart refuses to die. They have a
similar shopping platform to Amazon. They've even engaged other retailers
like Amazon, and they have their little logo and their

(01:20:55):
delivery trucks and all of that. No, no, Walmart said,
We're not going to die on the vine. We're not
going to die. Target's going to die. Target will be
dead soon. The store they they've not picked up on
the online stuff. But you're right, Sears at one time
had everything it took to be an online retailer, but

(01:21:17):
they died the internet. Torontosaurus Rex, I'm telling.

Speaker 15 (01:21:23):
You I down there them that innerwebs will never take off.

Speaker 6 (01:21:29):
Yeah, I know, I know. I remember one time telling
a guy who was in real estate, I did do this.
It was years ago. He said, I have a website
and I said a website. I said, people don't want
to go online to buy real estate. I said, you're
wasting your time. This was in the very very very

(01:21:50):
very very beginning. I mean, you know, I didn't think that.
I didn't think the Internet was going to take off.
What this was in the very beginning. I'm talking about
when you had to use fetch to find yourself when
it was a dot U there were It wasn't the
World Wide Web. It was before www. Dot oh, back

(01:22:11):
when it was still used to net. It was not no,
it was even that. It was you had to literally
do a search query that went out over over lines
to someone else's computer. So and most of it the
people don't really remember the early days of the Internet.
They think they do, but they don't because you literally,

(01:22:31):
do you know what you were searching. You were searching
universities computers. You would go out with a dot command
and you would write a command query that was and
and then the then fetch was one of the most
Oh my god, I can't believe this little dog is
going to actually go out and find me information. But
what you got your results on the internet when you

(01:22:52):
went out to search were folders and those folders resided
on other computers. Usually not usually in every case, I
could see on university computers. So some professor would be
doing research and have a folder sitting on his server.

(01:23:16):
You would go and tunnel through ways, through loads and
loads of wires, get to that university and be let
into that computer into a public folder. Then you drill
down that public folder into a file that you wanted.

(01:23:36):
Then you had to download that file. There was nothing
Www did not exist, and there was no graphic representation.
You didn't see what you got. You literally downloaded a
doc file. If it was even a doc file, then
it was a TXT. So you would download files and

(01:23:57):
if you didn't get the right file, you had to
go tunneling again to the Internet. So I was on
the Internet before they even allowed you to have an
Internet address. There were no Internet addresses. There was not
an address. What you had was something similar to an
IP address, but it wasn't an IP address. It was
an address though it was a long digital address, and

(01:24:19):
you would give that long digital address out to a
discussion group so they could dot their way into your folder.
That's how That's how early I was to the Internet,
and I thought it was fascinating, but I didn't think
it would take off, and in essence I was right.
It didn't take off. Its in that form it was

(01:24:40):
too cumbersome. You had to be a computer programmer to
really know how to find stuff on the so called Internet.
In fact, they didn't call they called it something else.
I forget what it was, but it was soon had
a mutual net or something, and all you were doing
is sharing your server with the world. People would then
tunnel in to your server to a folder that you

(01:25:04):
let be public, and then they would download files that
you put there that they could download. And at that
time we didn't have a bunch of a holes out there,
so you didn't have to worry about viruses or people
going in because literally people could go in and delete
your files. I mean, it was crazy how open and

(01:25:26):
honest it was. And know al Gore did not invent it,
it was done way before al Gore. But I'll never
forget when they then introduced the little dog called Fetch,
and then they had other similar ones where you would
tell the dog what to find and the dog would

(01:25:47):
retrieve the file for you. And you thought it was
absolute magic, absolute magic that you could write a search
inquiry and instead of you going out and having to
go into different computers and then backing out because you
didn't find what you wanted, Fetch would go do all

(01:26:08):
that and only come up with what you asked for.
That's right. Whatever happened, it all, it all got modernized
to the World Wide Web, and thank god it did.
I mean, think of how the web has changed our lives.
Absolutely change our lives. Deputy Bow has a follow up
I'll take right after this, an update on a on

(01:26:31):
a problem we took about a stolen car. Right after this,
go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison,

(01:26:52):
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 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

(01:27:16):
Martino three oh three seven one three talks seven one
three two five five deputy Boat, you have a follow up?
What's going on?

Speaker 8 (01:27:23):
Bow?

Speaker 12 (01:27:25):
Yeah, this is this call came.

Speaker 3 (01:27:27):
In on September eleventh. Uh, Nathaniel called in complaining.

Speaker 12 (01:27:32):
About how his car was stolen.

Speaker 6 (01:27:35):
He yeah, his car was stolen, a two thousand and
eight Chevy Trailblazer. And he said, uh, he got it
back and it was stolen again. He went to the
police department and filled out a report. Then he got
noticed that he had some unpaid traffic tickets. To add

(01:27:56):
insult to injury. Now Broomfield Police says his car was
found abandoned. He went to police impound and they're going
to make him pay a thousand dollars in fines before
he can get his car back.

Speaker 12 (01:28:11):
Well, this story is not totally accurate, Nathaniel. He is
right the card he gets stolen twice, but on the
second time I went to the Denvershire impound lot. Nathaniel
did go in to the sheriff twice to try to
claim his car, and he couldn't prove ownership of the vehicle,

(01:28:36):
so the Denver Sheriff could not release it to him.
They did send him a note stating he could ask
for a hearing and basically, the car is stolen in
a way because the sheriffs sold his car at auction
three weeks ago. And I contacted the public Information officer

(01:28:58):
there and I said.

Speaker 3 (01:28:59):
Maybe you should have given us guy better chance.

Speaker 12 (01:29:01):
And the PIO said that he came.

Speaker 3 (01:29:04):
In twice, he just couldn't prove ownership.

Speaker 12 (01:29:08):
And Tom, I didn't know this.

Speaker 3 (01:29:10):
The Denver Sheriff will only.

Speaker 12 (01:29:12):
Keep a car if there's no claim. After thirty days,
they put it to auction. I thought they let people.
I thought they left.

Speaker 3 (01:29:21):
Beat it there pretty much. So Wow.

Speaker 12 (01:29:26):
And told him about this and he says, well, Broomfield,
please keep calling me that his cars in Broomfield. So
I'm wandering whoever the Denver Sheriff sold his car to
abandon it in Broomfield and maybe wait.

Speaker 6 (01:29:44):
Wait wait wait wait wait, you're talking about they sold
it after the second theft and recovery right.

Speaker 3 (01:29:53):
After the second theft.

Speaker 6 (01:29:56):
How the hell? I mean, what kind of luck does
this guy have that his car was stolen twice? I
don't get it.

Speaker 3 (01:30:05):
And what I don't understand.

Speaker 6 (01:30:06):
Is why how did he get it back the first time?
How did he get it back the first time? He
had to prove ownership.

Speaker 1 (01:30:12):
Right, I believe a friend picked it up for him
on the.

Speaker 6 (01:30:17):
First Yeah, but what kind of ownership? I mean, how
did he prove ownership the first time?

Speaker 1 (01:30:24):
Because I think he went with somebody else who was
the true owner of the car.

Speaker 6 (01:30:28):
Oh, you don't think he was the owner?

Speaker 3 (01:30:32):
I know he wasn't the owner.

Speaker 1 (01:30:34):
I mean the PIO did an sense of investigation. They
would not tell me who the owner is, but it
wasn't Nathaniel. Okay, Nathaniel must be on a different planet
or something in my opinion, because the vehicle.

Speaker 3 (01:30:49):
Is not his, and I'm sure the sheriff did a
thorough job.

Speaker 1 (01:30:52):
About trying to find out who the owner is, but
nothing did Nathaniel.

Speaker 6 (01:30:56):
Does Nathaniel still claim it's his car?

Speaker 12 (01:31:01):
Yes, he does.

Speaker 6 (01:31:03):
So what kind of impression do you What kind of
impression do you get about Nathaniel? Is he is he dreaming?
Or I mean, does he know the owner of the
car or what?

Speaker 2 (01:31:14):
I think he.

Speaker 12 (01:31:14):
Knows the owner of the car. I think the roommates
or something.

Speaker 1 (01:31:18):
But if he's just kind of bizarre, just dealing with him,
and I wish you would have told me he went
into the sheriff's department twice to try to claim.

Speaker 3 (01:31:26):
It if they spent a lot of time trying.

Speaker 1 (01:31:28):
To dig through the facts of this case. But he
never he never had ownership of the car. And okay, so.

Speaker 6 (01:31:38):
Somebody lost out, just not Nathaniel. I'll bet you Nathaniel
was using the car and it was stolen. But how
does it get stolen twice? That's what I don't understand.
Something's fishy about this case. Something is really weird. But
thank you for looking into it. At least we can
put it to bed. Thank you very much. Any other

(01:32:00):
things you're working on.

Speaker 12 (01:32:01):
Bow, you have a question for Brad O'Brien.

Speaker 6 (01:32:05):
Yeah, Brad is here. Let's talk to him. Brad O'Brien,
attorney at law for real estate.

Speaker 12 (01:32:11):
So, Brad, I was working on this case a few
months ago with the public store, these public storage and
basically our caller got they kicked her out because she
was violating the lease. There was some flooding going on
and she didn't want to participate in my investigation anymore.

(01:32:33):
But what I'm curious about with public storage places is
the the what's the what's the procedure for getting someone
out of a storage unit? Is it the same as
residential where you have to give the ten day notice.

Speaker 7 (01:32:49):
No, storage facilities are non residential leases, and the way
it's drafted, it might be a lease, it might be
a license. A license is a non possessory interest. It's
just a right to come and go and keep your
stuff there.

Speaker 2 (01:33:01):
So it would be much.

Speaker 7 (01:33:03):
More expedited to essentially affct somebody from public storage than residents.

Speaker 12 (01:33:12):
Baby, Baby, Well, they're renting. They're renting, Brad, It's like
renting a house.

Speaker 7 (01:33:19):
Yes, it's a non residential premises. So all these residential
landlord tenant protection statutes do not apply to non residential.

Speaker 1 (01:33:30):
Okay, So how did the owner of the public storage
unit get somebody.

Speaker 3 (01:33:33):
Out the notice?

Speaker 12 (01:33:38):
And core?

Speaker 2 (01:33:38):
Well, number one.

Speaker 7 (01:33:40):
Number one is to follow the procedures in the written
contract that the that the landlord and tenant have on
the storage.

Speaker 2 (01:33:48):
Contract.

Speaker 7 (01:33:49):
And you know if that, if that doesn't resolve it,
I suppose to go to court.

Speaker 12 (01:33:58):
Okay.

Speaker 6 (01:33:59):
So here's the deal when it comes to storage facilities, though,
they have a whole body of law onto themselves on
what access people have and how to how much warning
you have to give them. And then I know from
watching storage wars now that may not be Germane to Colorado,

(01:34:20):
but watching that there's a whole process they go through
and then the last resort is the eviction, which in
actually in this case they actually open the unit and
sell the goods.

Speaker 7 (01:34:33):
Yeah, I'm not up to speed on that body of
law that those statutes, and that is very state by
state specific.

Speaker 6 (01:34:39):
Absolutely So anyway, three O three seven to one three,
thank you BO for finding out about that guy. It
deserves a dinner for sure. So that guy called up
and was complaining about his car being stolen, and it
turns out it wasn't his car. Three O three seven
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(01:35:46):
too much your coverage at dozens of insurance companies find
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home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martino here, I do have

(01:36:07):
some texts for Brad O'Brien, attorney at law. Let me
get to him, Let me find him here or is
it anyway one want hold on? I'll find it? So sorry,
this is crazy. Okay, here we go. All right, So
this guy wants to know, does do these new tenant

(01:36:30):
landlord laws apply only to residential or commercial? I am
a commercial landlord. I have tried to I've tried to
find this out. So what about the new tenant landlords?
I mean the laws that we talk about just cause
and all of that. Is that just residential?

Speaker 7 (01:36:52):
Yes, that is just residential. Like nine of the new
stuff in the last five years has been just residential,
not commercial.

Speaker 6 (01:37:00):
Okay, what kind of laws are there for commercial Are
there a separate set of laws or is it just
basic contract law?

Speaker 7 (01:37:08):
Contract law parties are free to negotiate contracts the way
they see fit.

Speaker 6 (01:37:14):
Okay, So somebody wrote to me about the early stages
of the Internet, and they said it was originally established
by the Defense Department who wanted to communicate with universities,
and that was called arpinnet. And that's what they did
in the very very beginning. And that's when I basically

(01:37:36):
broke into it. Is right after that, because I don't
know how it happened. I don't know if it was
officially open to the public or if it was just
for people who found out how to do it, because
as I remember, there were no barriers. I mean, it
was open. It was just amazing how easy it was

(01:37:57):
to tunnel into the computers of these universities. And this
was way back. I'm trying to think what year that was.
I mean, it was way back.

Speaker 2 (01:38:09):
We were talking about early nineties or late eighties, Tom,
in your case.

Speaker 6 (01:38:12):
In the mid mid to late eighties. Mid eighties, yes,
mid to late eighties. I remember there, and really no
one called it the Internet. It was just I don't
know you when you got on a computer. You maybe
it was it was late eighties. You got on a
computer and the series of commands you had to make

(01:38:34):
were so weird. There was a Unix interface at the time,
well whatever it was, and I call it tunneling because
you would literally what it showed you sometimes was a
folder outline structure, so you could go to the folder
that you wanted. I have a question for Brad O'Brien.

(01:38:55):
I rent, I have a rental unit and I'm going
to be marketing at toor a mid term rental more
than thirty days but less than a year. Is there
anything I need to any considerations that I need to
take into consideration. Well, I don't even understand what that means.
So he wants to rent his place out more than

(01:39:18):
a month, but less than a year. But no matter
what Brad, you tell me, these new laws do take
effect after a year, whether or not it was on
a year's lease or not.

Speaker 2 (01:39:30):
Well, month to month terms.

Speaker 7 (01:39:33):
Month to month leases have have to have a twenty
one day advance noticed of termination, so that twenty one
days is different if it's a six month lease or
a full year lease. So there is a distinction between
how long the lease is in that first year.

Speaker 6 (01:39:50):
So let's break that down. If I have a place
I want to rent out on a monthly orses me
on a monthly basis, can I just rent something out
for sixty days and get rid of the person?

Speaker 7 (01:40:04):
Yes, you can if you stay to a certain end
date of that sixty days. You don't have to give
the ten at any notice. Sixty days are up, they're
required to move out.

Speaker 6 (01:40:13):
Okay, yeah, if they don't move out.

Speaker 2 (01:40:16):
The problem is when you have a.

Speaker 7 (01:40:18):
Recurring tendency like month to month, not like one month
and you're gone, but month to month or every six months.

Speaker 6 (01:40:25):
Can you make a month month terminate every month where
you have to renew it to protect yourself.

Speaker 7 (01:40:32):
I think you would have to affirmatively go and sign
an extension every month.

Speaker 6 (01:40:38):
But if I guess what I'm trying to do is
if I want to ultimately retain absolute control and I
don't want to fall under just cause or anything with
that person, at the end of the twelve month period,
they have to be there twelve months before the just
cause kicks in, right, that's right. So what if they're

(01:40:58):
there eleven months and I terminate the lease do they
have to vacate and come back for it to be
a new lease or can I is there some way
to suspend it or deduce some kind of other agreement
for that last month or is this simply if they're there,
they now fall into the just cause Ye.

Speaker 7 (01:41:16):
If they are physically there for twelve months a year,
then they have these rights to kick in that they
are entitled to a renewal. So even if they are
there before you start an eviction proceeding in their pastor
if you're doing an eleven month lease and it happened
to still be there at twelve months, then they get
these rights.

Speaker 6 (01:41:35):
Wait a minute, if they're supposed to be there only
eleven months and they hold over and it goes to
twelve months, then you have to have a just cause.
I mean, at the eleventh month, you don't need a
just cause. You can just say I want to evict you,
okay on the eleventh month, right, But if they don't

(01:41:55):
leave voluntarily and it goes into twelve months, now you
have to have a just cause where you didn't before.

Speaker 7 (01:42:01):
Yeah, that's my interpretation of the new statutes.

Speaker 2 (01:42:04):
I think what cuts it off.

Speaker 6 (01:42:05):
Well, that's weird. So at eleven months. You can't get
rid of somebody in a month.

Speaker 2 (01:42:11):
No, I think that.

Speaker 7 (01:42:12):
I think my interpretation is that once an unlawful detainer
has started, and that is their past unlawful detainer is
when they're passed the time that they're allowed to be
there eleven months, okay, and you've given a proper notice
to terminate the tendency, which could be a three day notice,
right if if they're after that three days, then and
then an unlawful detainer has started at that point. I

(01:42:35):
think that if they if they then go into the
twelve month a period or twelventh plus period, then they
don't they don't.

Speaker 2 (01:42:42):
They don't get these rights.

Speaker 6 (01:42:43):
Okay, because they're unlawfully there, that's right, Okay. And somebody
else wants and I knew this was going to come up,
somebody wants to know about squatters. Okay, they have someone
they had a rental and they hadn't visited it for
a while and some people are living in it. How
do they get rid of them?

Speaker 7 (01:43:04):
Well, there's an expedited eviction set of statutes for squatters,
basically the squatter Statutes.

Speaker 6 (01:43:10):
Okay, So that was that written specifically because of the
squatter problem.

Speaker 2 (01:43:14):
Yes, I assume. So.

Speaker 6 (01:43:16):
So this landlord apparently shows up on something he thought
was vacant and someone is in there, then what does
he do?

Speaker 7 (01:43:24):
Right, It's well, then you there's a procedure in the statue,
in the squatter statutes to give them notice to have
the sheriff come out there.

Speaker 2 (01:43:32):
It's it's much quicker than a regular eviction.

Speaker 6 (01:43:34):
It is, yep.

Speaker 7 (01:43:36):
I can't summarize the procedure.

Speaker 6 (01:43:38):
Online or something, but it's much quicker than a regular
one because for a while there people were having a
real problem getting rid of squatters.

Speaker 7 (01:43:45):
Now the squatters. To use that statute, you have to
be complete strangers. It can't be somebody that you formally
rented to. Can't be somebody that you that's a relative
of yours to be asked to be totally somebody that
just broke in and just squatted.

Speaker 2 (01:44:00):
Okay, you don't know who they are, all right.

Speaker 6 (01:44:02):
What if it's someone you rented to in the past
and they came back after a few months they noticed
it was still vacant, and they came back.

Speaker 2 (01:44:09):
I think you could use a squad.

Speaker 6 (01:44:10):
All right, I got it. I gotta take this break.
We got more coming up go with a sure thing
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(01:44:32):
too much your coverage at dozens of insurance companies find
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Speaker 4 (01:45:00):
Come running just as fast as we can. Shooter's gonna help.

Speaker 5 (01:45:06):
Come Dix is the Troubleshooter Show. No Tom Martine, Hi.

Speaker 6 (01:45:14):
Tom Martino, your troubleshooter, Welcome to the show. Three oh
three seven one three eight two five five. Let's talk
about your problems, questions and complaints. We have Brad O'Brien
with us from O'Brien Legal Services. We talked a little
bit about We talked a little bit about squatters and
when you use the squatter statute and there is an

(01:45:37):
expedited eviction process for squatters. It used to be I'm
serious about this. It sounds ridiculous, but it used to be.
If you went on vacation and came home and found
someone in your home, you couldn't get rid of them.
You had to go through a long, involved process and
literally you could not lock them out. I mean, I'm serious.
It was that ridiculous. From vacation and someone's living in

(01:46:01):
your home and they claim a residency and they claim
that they are supposed to be there, you can't just
kick him out. You couldn't drag him out of the
house and lock the door. You would be in trouble.
They expedited, they expedited the eviction process for squatters, but

(01:46:22):
Brad mentioned that you can use this expedited process. Brad
O'Brien or real estate attorney Toady. He said, you could
expedite the process if they're truly squatters, but if you
know them or what's the rule on when you cannot
use the squatter's eviction I call.

Speaker 7 (01:46:42):
It the squatters have to be complete strangers. And I
need to reverse myself on what I said right before
the break when.

Speaker 2 (01:46:49):
I spoke off the cuff.

Speaker 7 (01:46:50):
It cannot be someone who's related to the landlord or
the owner of the property. You cannot be a former tenant,
even if that tenant moved out and then broke back
in after having moved out. That's where I got it wrong.

Speaker 6 (01:47:02):
Okay, So if if you had a tenant that moved
out or you used to rent to and all of
a sudden they come back without you knowing about it,
and they and they start living there, you can't simply
use the expedited process.

Speaker 7 (01:47:19):
No, in that case, you have to use the regular
eviction statutes, because it appears to me that the squatter
statutes are really there for these black and white situations
where it's a complete stranger, not somebody who had a
previous relationship with because that's where it gets gray, because
then they might might tell.

Speaker 6 (01:47:33):
A share there might be an issue fact.

Speaker 7 (01:47:35):
Yeah right, they might say, oh, well I was supposed
to come back, or I was just gonna I had overpaid.

Speaker 2 (01:47:40):
Yeah.

Speaker 6 (01:47:41):
Now, the expedited process, someone asked, could you briefly outline
how that is different from a regular sure.

Speaker 7 (01:47:48):
Well, so the owner of the property basically files with
the court a verified motion for order to remove unauthorized persons,
and so that's basically supported by an affidavit of the
property owner to the court supporting these facts, and it's
essentially a.

Speaker 6 (01:48:04):
And basically you file saying they're not supposed to be there.

Speaker 2 (01:48:08):
That's right.

Speaker 7 (01:48:08):
It's essentially an ex parte proceeding, which means one sided proceeding,
which means you're not serving the defendant with summons and
complaint and requiring them to show up in court and answer, no,
you're You're filing this xparte verified motion with the court
to get a court order which can then be executed
right away twenty four hours after.

Speaker 2 (01:48:30):
The owner.

Speaker 7 (01:48:30):
The owner gets the court order and posted at the
properties really quick.

Speaker 6 (01:48:33):
Oh right, So I come home, I find someone living
in my house or living in a home I had.
I don't know them, they're totally strangers. I go to
court and file ex parte, meaning I don't have to
have them or their attorney there. I don't have to
serve them. I can file an affidavid and emotion to
remove them and as the court order given immediately, well.

Speaker 7 (01:48:57):
It's given on an expedited basis.

Speaker 6 (01:48:59):
Okay, I get a court order, let's say later that
day or the next day. I can then take that
court order and have them removed.

Speaker 7 (01:49:08):
Yes, once the court has issued the order. Okay, it
has to be posted on the property, and then twenty
four hours after that, if they're still there, then Dennis
Spush you can called it.

Speaker 6 (01:49:16):
So the most they can stay there is two or
three days under this if it actually happens that quickly, Okay, well, okay,
let's say a week. But it's going to be way
different than it used to be. It used to be
you had to go through a whole eviction process.

Speaker 2 (01:49:31):
Right when did.

Speaker 6 (01:49:32):
This law change?

Speaker 2 (01:49:34):
Let me see if I can.

Speaker 6 (01:49:35):
Because I know that our country went through a really
crazy time for a while where shoplifting was let go.
Everything was I swear to god, you didn't have to
register your car, you didn't have to have tags, you
could shoplift. You could literally walk out of a store.
No one would do anything, and there were squatters all over.
Now I'm not sure this was just what was being publicized,

(01:49:58):
but it seemed like a dark period. It was right
after COVID. It was a very dark period and I
don't know what happened, but it was like everybody went
crazy with breaking the law. When did this law change
for an expedited eviction for squatters.

Speaker 7 (01:50:16):
It was adopted effect of July first twenty eighteen.

Speaker 6 (01:50:19):
Oh it was way back then. Well then why were
people posting on YouTube I can't get rid of the squatter?
I wonder why? But what were you going to say?

Speaker 8 (01:50:29):
Oh?

Speaker 2 (01:50:30):
So bad? So let's you continue the example that that
Tom set up, and you go to court and you
file this exparte action and in the meantime, can you, also,
as the homeowner, move into that house alongside the squatter?

Speaker 8 (01:50:44):
Yes?

Speaker 2 (01:50:44):
You can.

Speaker 7 (01:50:45):
Oh, and the owner of property always has rights of
possession unless they have espressly.

Speaker 6 (01:50:50):
Unless we have a last where you can.

Speaker 2 (01:50:53):
But are we talking about this notorious squatter situation right?
So in this example, so guy moves back into his
own house, and maybe the squatter starts to trip and
fall all the time.

Speaker 6 (01:51:03):
No, no, listen, I now it varies from state to state.
Maybe we didn't really have the problem here in Colorado
because as I understood it, we had only scenarios like
what ifs. But I didn't realize we had an expedited
squatter statute for eviction since twenty eighteen, so that changes everything.

(01:51:28):
So we probably didn't have the problem here that they
had in other states.

Speaker 2 (01:51:32):
We did in the springs, there are a lot I mean,
just in the last few years have been a ton
of stories about notorious squatters in the Springs that not
only squad, but they'll literally trash the house and cost
hundreds of thousands of dollars to rebuild.

Speaker 6 (01:51:46):
Yeah, but for some reason I was thinking it took
months to get rid of here. Yeah, this is very.

Speaker 7 (01:51:55):
Toe dimitrius question about whether you can move back in now.
In California, it's really to evic people. And you have
people squatting on these multimillion dollar mansions.

Speaker 6 (01:52:04):
That's right, Yeah, and that those were the ones that
showed up on YouTube and stuff.

Speaker 7 (01:52:08):
So some owners there have taken this extra judicial step
of hiring a professional who will move.

Speaker 2 (01:52:13):
In and be such a.

Speaker 7 (01:52:17):
Corn on their side, you know, be rude and stinky
and just like a command room an inconvenient roommates, which
encourages that squad to voluntarily move out.

Speaker 2 (01:52:27):
And maybe the squatter trips and fall downstairs too once
in a while.

Speaker 6 (01:52:31):
My god, you're you're getting evil now, Pat, you have
a comment on the internet. We've been talking about the
early days of the Internet and how crazy things have gotten,
how quickly it's changed. It's nothing. I mean, those new
to the Internet have no idea what the early days
were like back in the late eighties, Pat, what is
your comment.

Speaker 14 (01:52:51):
Well, I my parents lived behind a guy in Boulder
who moved there in the late fifties or the sixties,
and he worked in Rocky Flats with the nuclear testing,
and he told me the Internet was created to pass
information about the nuclear testing back then, and that's that's
what he told me.

Speaker 6 (01:53:08):
Well, it could have been. I know the Defense Department
was one of the first one to link computers together
with universities, and it was the Defense Department for sure
that started using these linked computers. Just call it an
Internet would have been an over exaggeration, but it was

(01:53:31):
actually a It was actually just a bunch of computers
that communicated with each other. Thank you for that comment, appreciated, Brad.
There are currently class action lawsuits about out of control
raising of lot rents, or excuse me, are there any
lawsuits about that? He's saying? He said, lot rates are

(01:53:55):
getting unreasonable and affordable. Mobile homes are the last gas
of decent affordable housing. Thank you. I'll be listening. What
about mobile homes? That's all I mean, that's a totally
different ballgame.

Speaker 7 (01:54:09):
I don't really practice in the area of mobile home
parks or mobile.

Speaker 6 (01:54:12):
Home Yeah, lot rents. In all of that, there is.

Speaker 7 (01:54:15):
A separate act in the law of Colorado.

Speaker 6 (01:54:20):
And it's not really considered real estate.

Speaker 7 (01:54:23):
Well there's two ways. I mean, you can rent a
lot from a park.

Speaker 6 (01:54:28):
Or you can own a lot a lot. Yeah, Now
here's the thing I do know about a bit about
some of the things that were going on some of
these This is this was the crazy thing and it
still is about mobile homes. In order to sell a
mobile home, a person has to have a place to
put the mobile home. And the big problem has been

(01:54:52):
that mobile home parks don't have openings. So what what
mobile home dealers would do is encourage mobile park owners
to get rid of the older trailers, so to speak,
so they could fit some of the newer ones in there. Otherwise,
no one sells mobile homes. You can't sell a mobile

(01:55:15):
home if you have nowhere to put it, I mean
the customer. If the customer has nowhere to put that
mobile home, you can't sell it. So unless the customer
has their own land that allows mobile homes, most don't.
Most subdivisions won't allow them. You have to find mobile
home parks with available space. The problem over the years

(01:55:37):
has been there are no available spaces for theirs for
the new mobile homes, so what do you do. Mobile
home parks were given special incentives to get rid of
old trailers because the dealers would pay a premium to
get these lots. So what they would do is make

(01:55:57):
life miserable for the people who own old trailers. Maybe
this happened to you, or maybe you know someone. But
I know I've gotten calls and over the years, and
I don't know how this has resolved, if it has
resolved itself or what or not. But I know there
were people who paid their lot rent on time. They

(01:56:18):
had an older mobile home in a mobile home park,
they had a lease and they were forced out. Wow.
Well they didn't knock on the door and say leave,
but they made life miserable, absolutely miserable. They nitpicked them
on every rule and regulation and violating covetence just to

(01:56:40):
get rid of them. Or they found reasons to get
rid of them, for noisy kids, for bothersome animals. They
would call them criminals. It was terrible. I don't know,
by the way, I haven't gotten calls on that in
a long time. But there was a time if you
had an older mobile home in a mobile home park,

(01:57:01):
you were being pressured to get the hell out of
there so they could have newer homes come in at
higher prices. You see, once they're filled up, they can't
accept those newer homes, so they were trying to get
rid of the older homes who are paying less money
in order to bring in the newer homes. It was
a big problem. And again I don't know how that

(01:57:23):
resolved itself. Maybe the laws were changed or something like that,
or maybe they don't sell that many mobile homes anymore,
because really, if you think about a mobile home, the
only time a dealer can sell a mobile home is
if there is a place to put the mobile home.
Maybe some of you have come across this issue. I
don't know, do you live in a mobile home. I'd

(01:57:43):
like to know what you're doing about it at this point, because,
as I said, there was a time it was brutal
if you had an older home and you were in
a mobile home park, they wanted to get rid of you.
I'm Tom Martinez. We have a lot to talk about.
Compass Insurance Group. By the way, Compass Insurance Group will
do a free analysis of your insurance, a look over

(01:58:08):
what you're paying and what's out there to make sure
you're not paying too much. That's three oh three nine
nine six nine thousand. Go with a sure thing Denver's
Best roofer Excel Roofing dot com. You don't pay a
cent until you're content. Time for an insurance check up free,

(01:58:33):
no obligation. In comparison, call Compass insurance paying too much
your coverage at dozens of insurance companies find out now
three oh three seven to seven to one help. You'll
think you're his only customer when you choose Frank durand
the real estate Man dot com to list your home
with Remax Alliance three oh three nine two zero sixteen
twenty two. Hi Tom Martino here, welcome three O three

(01:58:57):
seven one three dog seven one three eight two five
five Todd. You have a question on long term insurance.
Go ahead, Todd, what's happening?

Speaker 15 (01:59:09):
Yeah, that's correct. So my mom has this long term
care policy and I'm looking at helping her.

Speaker 3 (01:59:16):
Out with it.

Speaker 15 (01:59:16):
My wife and I have had an assistant living business
and so forth, and in the policy it states neither
a homemaker companion or home health services can be a
provider by a family member, someone already living at the
residents prior to the inception of her need for care.
And then it restates again to request a family member

(01:59:38):
of other than a spouse or someone living with you
prior to the inception of her need for care contact
them and they'll do and they'll you know, can approve it.

Speaker 6 (01:59:46):
Right right, right. We've had this come up before where
you have to already the living arrangement cannot be made
after they become.

Speaker 15 (01:59:54):
Disabled, correct, And I understand that, and that's clear. However,
my my contest to this is they're saying, at no
time can that be the case?

Speaker 6 (02:00:07):
And what what do you mean? At no time? Can
what be the case? I don't understand what you're.

Speaker 15 (02:00:11):
Asking if if we ever live in the same household,
they will not extend benefits to me for caring for
my mom. So like, right now, I live in my
own house right and my own house, and she's in
her eighties and physically declining and so forth, and looking

(02:00:35):
at eventually either her moving in with us or me
moving in with her kind of depending on it to
help for her. And they're saying that that is not
something that they they would approve. They would deny.

Speaker 6 (02:00:49):
Any benefit because you because you're not living.

Speaker 15 (02:00:53):
With her now, No, they would they would decline because
they're saying I could never live in the same household
with them. We're not living with them now, that is correct,
But they're saying, at no time can we live in
the same household. And I said, that's not the way
it states. If they wanted to write it that way
that at no time could a family member live with them,

(02:01:14):
they should have put it on here theay, well.

Speaker 6 (02:01:16):
Okay, what are they well, what do they say about that?
I misunderstood the way you're reading it. So read the
clause that you say they're misinterpreting. Read it again slowly.

Speaker 3 (02:01:27):
Okay.

Speaker 15 (02:01:28):
Neither homemaker, companion care nor home care service can be
provided by a family member or somebody already living at
your home address prior to the inception of a need
for the care services.

Speaker 6 (02:01:43):
Right right. So what they're saying is what they's what
they're saying is if you're living here's what they're saying.
If you're living with your mom, this is how I
interpret it. If you're living with your mom at the time,
she'd be disabled and need this and needs this care.

(02:02:03):
You can't be the provider, correct, And I agree with that.

Speaker 15 (02:02:09):
So the scenario is, right now, I'm not living with
my mom right and I am provided and I have
been approved and am providing care for her. However, I'm
looking in the future here in near future, possibly where
she's going to need more care, and looking at her
either moving in with me or me with her. And

(02:02:32):
they're saying that cannot happen if as soon as we
live under the same address, she will no longer receive
benefits or I will longer be able to receive benefits
for her care.

Speaker 6 (02:02:44):
And Okay, I can see their reasoning behind that. Well,
there's okay you're saying. You're saying they should have read
at no time, as opposed to if you're living there
at the time she becomes disabled. Listen, it's a matter
that contracts written all the time to be interpreted. Okay.
And if you disagree, does she actually have this insurance

(02:03:08):
in place right now? Yeah, this is a trick that
I always use when it comes to insurance. It's not
a trick, but it's truly works. Did you ask them
to highlight the policy language that supports their position.

Speaker 15 (02:03:26):
They said, it's in regarding their internal guideline.

Speaker 6 (02:03:31):
So okay, but it has to see it can't be
their internal guidelines. In other words, that policy is all
there is. You don't have to be you don't have
to follow any of their internal policies. So here's what
I would do if it was me. Okay, here's what

(02:03:52):
I'm telling you what I would do. I would say,
please highlight in the policy language where you can deny
coverage in the future. If I move in with my mother,
Are you providing care right now? Yes, I am, And
you're being paid for it right.

Speaker 15 (02:04:12):
Yes, through through her long term care insurance.

Speaker 6 (02:04:15):
Right, I understand that. And now if you move in,
they're going to discontinue payment.

Speaker 15 (02:04:20):
Is that right, that's what they're saying.

Speaker 6 (02:04:22):
Yes, okay, Well, then you have to say to them,
I plan someday in the future to move in with
my mother. I want to know the policy language that
will allow you to discontinue coverage. Now, here's the next words.
You must say, carefully, this is what I would do.

(02:04:44):
If you cannot and refuse to provide coverage, I will
seek an attorney for bad faith. Just Todd, do me
a favor and get back to me after you send
that to them. Here's what you're asking. Please highlight the

(02:05:05):
policy language that forbids me from moving in with her
and still getting coverage. If you cannot, I will seek
an attorney for a bad faith lawsuit. I promise you
that if they cannot show you in the policy, they
will not. They will that. It is ridiculous for them

(02:05:28):
to say, well, it's our internal policy. Insurance is not
predicated on internal What if they had an internal policy
that you couldn't be related to the caregiver at all?
What if they had that you don't know, Well, you
don't know about their internal policy. Go with a sure
thing Denver's best rufer Excel Roofing dot com. You don't

(02:05:49):
pay a cent until you're content. Time for an insurance
checkup free, no obligation. In comparison, call Compass Insurance, paint
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

(02:06:10):
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino here Welcome to the show.
Three O three seven one three talks seven one three
eight two five five. Wow, let's go to uh, let's

(02:06:31):
go to the phones real quick here. Barry Miller is
the father of the buyer broker. He invented it and
he also came up with another plan called Vestera Turnkey.
That's where he helps people become landlords through his research

(02:06:53):
into hot real estate markets with a good economy where
people can buy rentals, get strong rents, and then sell
for profit. That's it in a nutshell, and they handle
everything in between for you and Barry. This weekend, I'll
be there with you. What are you going to cover?

Speaker 8 (02:07:18):
Tom?

Speaker 2 (02:07:18):
Are theyre going to cover?

Speaker 10 (02:07:20):
I'm here, thank you, thank you. We're going to cover
how this happens, and that only takes twenty minutes, and
then we're going to get right to real live events
pictures of what these homes look like, because it's hard
to comprehend what a super good investment looks like in

(02:07:40):
other states where the prices are not as high as ours.
And we talk about the mechanics and the big returns,
especially the big returns with extreme safety that every one
of our customers is having. It's not like one in
twenty or one in one hundred hundred percent of our

(02:08:00):
customers are having thirty plus percent returns on an annualized basis.

Speaker 6 (02:08:07):
Barry, I got some calls and concerns from people who
say they feel that the economy is a little uncertain
right now, so is it a good time for them
to be doing this? And that's a fair question, Barry.

Speaker 10 (02:08:24):
The very fair question. And there is, though a very
complete answer that I could give in less than sixty seconds.
Our capitalism always has ups and downs, so it always
appears that there's some rough roads in the economy. Why
because there always is. So research tells us where those

(02:08:46):
rough wins or where those rough hurdles are and how
long they'll last. It's known because it's based on hundreds
of millions of dollars of expenses going in to new buildings.
You know there's going to be a growth of population
in those areas. So our extreme research breaks all the

(02:09:08):
economy down and says, okay, now, and I'm talking now
September twenty twenty five, for the next year two or three,
here are the strongest local and regional economies in the
United States and why. And then we monitor that week
after week after week. We never stopped monitoring it because

(02:09:30):
it does change in the United States. So we have
the home run or hotspot markets that are solid now
and will be solid two years or more from now.

Speaker 6 (02:09:42):
All right, And people can find out more at my
Biggest Return dot Com. Barry, I got a bit of
a criticism, and I want you to I want you
to take this in the spirit which it's given. I
had somebody tell me that they went to the website
My Biggest Return dot Com because they want find out
all about it and they want to show up, but

(02:10:03):
they say that they didn't register and they don't want
to register but because they're not sure if they can
make it or blah blah blah. Here's what I'm asking, Yes,
do you and this is this is a really candid question.
We didn't go over this or anything, but is there
a way you can just is there a way you
can just tell people where we will be meeting in
case they do want to drop by, or do you

(02:10:25):
insist that they pre register? And that's just a fair question.

Speaker 8 (02:10:29):
It's a very.

Speaker 10 (02:10:30):
Fair question, and we have a strictly answer, and we
have to have the registration ahead of time because we
are sharing borderline proprietary information. And through my career, I've
had too many people in the finance world and real
estate world try to come in and they steal the information. Okay,

(02:10:52):
we have to have it for security information security reasons
very simple. I mean, we don't go through a security check,
but that's the only reason we do it. But we've
had problems in the past, and then those problems require lawyers,
which requires money and time and attention on our part,
and that takes us away from our customer focus. So

(02:11:16):
that's the only reason we do it.

Speaker 6 (02:11:18):
So you want people to pre register because you have
proprietary information that will be discussed and you want to
make sure basically you're not getting you're not getting, uh, pirates.

Speaker 10 (02:11:31):
We've been ripped, We've been ripped off. We've been pirated
by some people who are in I don't even like
to say their industry because it's not reflective of the industry,
but a real estate industry it is and related to.
And we chose not to go after an attorney, but
we found them out and they stopped and ceased and

(02:11:53):
desisted what they were doing.

Speaker 6 (02:11:55):
Okay, So if you want to learn about this proprietary
information and about the stereoturn key. I will tell you
that I'm part of it, and I've purchased homes. I'll
purchase more. My Biggest return dot Com. My biggest return
dot com. We got more coming right up. Go with

(02:12:15):
a sure thing Denver's Best roofer Excel Roofing dot com.

Speaker 9 (02:12:19):
You don't pay a cent until you're content.

Speaker 6 (02:12:24):
Time for an insurance checkup free, no obligation comparison call
Compass Insurance paying too much your coverage at dozens of
insurance companies find out Now three oh three seven seven
to one help. You'll think you're his only customer when
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