The Troubleshooter 9-30-25

Episode Transcript

Speaker 1 (00:00):
Yea ripped. You need advice so you don't have.

Speaker 2 (00:12):
Come running.

Speaker 3 (00:13):
Just as fast as we can, Shooter's gonna help come man.

Speaker 4 (00:20):
This is the Troubleshooter Show now Tom Martino.

Speaker 5 (00:24):
Hello, Tom Martino here, Welcome to the show. I am
here to help you solving problems, answering questions, taking complaints.

Speaker 6 (00:33):
Welcome to the show.

Speaker 5 (00:34):
We got a lot to talk about today, and I
love doing the show. I love helping people. Of course,
callers get priority. And this hour brought to you by
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(00:55):
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Speaker 6 (01:17):
Now I want to go to the phones.

Speaker 5 (01:20):
Randy wants to talk about movers, and I got a reaction.

Speaker 6 (01:24):
People wanted me to spill the beans.

Speaker 5 (01:26):
When I talked about movers the other day, I said,
every moving complaint I've handled has been a mover out
of Florida from a certain ethnicity. And people were so
damn curious what I was talking about. So I checked
with my legal counsel. And there's two things to keep

(01:51):
in mind here Legally, One, the truth is always a defense.
And second, if you slander more than twenty five people
I heard, you can't. There's a there. If you slander
a group of people, the group can't sue you if

(02:14):
they're too big. It has to be identifiable, small group.
I don't know if you've ever heard that or not,
but that's the way it is. By the way, I
do have an attorney, and i'll introduce in a little
while a friend of mine for seventeen years. I asked
them to come to the show because I want them
to handle something for me that just pain in my ass.
You know, I think from day to day everyone has

(02:36):
little problems and they think I wish I had an attorney.
So what we're going to do is with his with
his blessing, we're not going to inundate him because it
would be unfair. But every now and then when we
say this need we need to we need to get
this person's attention, then I'm going to sick.

Speaker 6 (02:55):
Our attorney on them.

Speaker 5 (02:56):
Right now, let's talk to Randy and I will spill
the beans. By the way, like I said, I got
legal counsel and I asked, can I spill the beans?
Am I being hateful? Is it hate speech? And they
said not if it's the truth. One time, let me
give you an example of how even the truth, though,

(03:19):
doesn't always work. Years ago at Channel four, I was
told go out and do a story about people not
using seat belts for children. We got complaints that kids
were standing in the front seat, or they were not
put in car seats, and they were not using car seats.

(03:43):
This had to have been I swear to you, I
wouldn't doubt if it was forty years old, forty years ago,
thirty some years ago. So me and my photographer Frank,
we went out, I think it was Frank at the time.
We went out and we would take our camera. I
would drive and he would shoot cars next to us.

(04:05):
We'd pull up to cars or go to parking lots
and see who had seat belts and who didn't when
they got their kids out or put their kids in.

Speaker 6 (04:17):
Now, I don't.

Speaker 5 (04:18):
Want to stir up a can of worms. I'm just
gonna tell you that when we came back with our results,
it was pretty glaring that one particular type, one particular
group of people, we're not using seat belts more than others.

(04:43):
And my boss said, we're not running that story.

Speaker 6 (04:49):
It looks racist.

Speaker 5 (04:53):
And I said, okay, this was many years ago, and
we aim to find out in many of these cases
that people couldn't afford good car seats and stuff like that,
and they were actually doing the best they could with

(05:16):
the cars. I look deeper into it, but we dropped it.
You know, the media always has to be sensitive to
what it says and what it does, but the truth.

Speaker 6 (05:29):
Is the ultimate defense. Now.

Speaker 5 (05:32):
I love people, I mean, I honest to God love people.
I love diversity, I love all of that, but I
always find it weird when stereotypes of certain kinds play out.

Speaker 6 (05:51):
We were in a we were.

Speaker 5 (05:53):
In a years and years ago, believe it or not,
years and years ago before Woke Before Everything, thirty something
years ago, Channel four, when I was on Channel four.

Speaker 6 (06:06):
We had sensitivity training.

Speaker 5 (06:09):
They were really ahead of the time because they wanted
to make sure as broadcasters we weren't insensitive to racial groups,
or we didn't stereotype, or we didn't do anything wrong.
And I think it was very, very advanced to them.
It was a wonderful program. But I remember the guy
started out the program. I swear to god. He started

(06:31):
out the program by saying, you see a lowrider car,
metal flake blue flipping its front, had a chain steering wheel,
dice hanging from the mirror, and chrome exhaust with jewels

(06:54):
around the license plate holder going down the street airing music.
Who's driving the car? And I said, maybe a young
Mexican kid. He says, you're wrong, and you're stereotyping. He

(07:15):
was trying to make a point that you can't stereotype,
except sometimes stereotypes come from reality.

Speaker 6 (07:25):
Now here's the point I'm making in.

Speaker 5 (07:27):
All of this saying, is that on this show, we're
going to talk about facts, and we're going to talk
about things that happen, and I'm not going to give
regard to whether it's not it's politically correct. But I
will tell you ahead of time, I love people and
I would never single anyone out ever ever if it

(07:49):
wasn't true. And I just have to say this about
movers getting into Randy. Every major moving problem I've handled
out of South Florida has been from Israeli immigrants, every
one of them. Now am I saying Israelis are dishonest?

(08:15):
Of course I'm not. Of course I'm not. But I
am saying that it baffled the hell out of me,
and I wondered how it happened, Why is it Now?
It's not that I go looking for an Israeli moving
company and attack them. Every single one that I've handled
has been from an Israeli immigrant owned moving company in

(08:40):
South Florida. Okay, now you can unload on me if
you want with comments. I swear to God that if
it was something else, i'd tell you something else. But
I got so many emails saying why didn't you mention
the ethnicity? Because here's what I want to tell you,
first and foremost, I don't want you to let your
guard down ever. So if you get a moving company

(09:05):
owned by someone else or some other ethnicity or some
other person, I never want you to say, oh, we
don't have to worry about them, we only have to
worry about Israelis.

Speaker 6 (09:15):
I'm not saying that at all.

Speaker 5 (09:16):
And in fact, there are some excellent Israeli moving companies
in South Florida.

Speaker 6 (09:21):
That's what's weird about it.

Speaker 5 (09:23):
But every single bad one I've come across, every single
bad one that I've come across with complaints, have been
Israeli immigrants. They move to South Florida, opened up a
moving business, they go online, and mostly they're moving brokers.
Now I'm going to take your call, Randy, but I
want to know if you fall into these categories. Number One,

(09:44):
the first person who contacts you or you contact is
usually never the mover themselves. They're a broker who happens
to go online, and they go online and advertise that
they're a mover. So you call them and you make
a deal with them at a price that sounds phenomenal.

(10:06):
You tell them what you have to move. They say,
you know, we can do that for six thousand dollars.
I need you to put two thousand dollars down. You
make a payment for two thousand dollars. That broker never
sees you again, and that two thousand dollars was for nothing.

(10:28):
Now that person goes and sells that contract to another
mover who's affiliated with them or one of their independent contractors.
That independent contractor or that second mover.

Speaker 6 (10:42):
The first was a broker. The second then.

Speaker 5 (10:46):
Is scheduled to pick up your stuff, and when they
get there, they tell you this is way more than
they estimated. This is going to cost way more. I
can't pick this up and move you for that price.
I need an extra twelve or fifteen hundred bucks whatever.

Speaker 6 (11:04):
That's their job.

Speaker 5 (11:05):
So they pick up the stuff and you pay them
some extra money. Now you've paid two people, and by
the way, neither of them are going to move your stuff.
Once that stuff is loaded, then they transfer it to
another company who's supposed to deliver it. Their job is

(11:26):
to contact you at the point of delivery and tell
you that when they waited it was way more than
they thought. And in order to get your stuff, you
have to pay more. So what you thought was going
to be a six thousand dollars move is up around
twelve or fifteen thousand dollars. And if you don't pay it,
you don't get your stuff. I'm going to tell you

(11:47):
I am so sick and tired of this. We got
to put an end to it. Okay, you when you move,
never ever, ever, ever, ever, ever go to the internet
ever and find a broker. Now you're going to say, well, Tom,
how do I know if they're a broker or not.
There's only one way to do it, and to do
you got to investigate. You have to investigate. You have

(12:10):
to go directly. Again. I these national van lines, okay,
national moving companies, Grabel, North American Van Lines, Mayflower, I
forget the rest. Those are national established companies. Now, the
bad part about it is even they are spoofed. So

(12:33):
you think you're calling Mayflower and you're not, or you
think you're calling North American Van Lines and you're not.
So you have to be absolutely positively sure with at
least three or four sources that you're calling the national
company and you can't even ask them. Is this Mayflower
the national mover that I see with the Flowers? You know,
the Mayflower trucks or Grabel or North American Van Lines.

(12:57):
I wish I knew the rest of them. I hate
to call to just those three. But there's several wonderful
national companies and then they do business with local agents
like Johnson Moving in storage here locally is an agent
for a national van line. So you do business only
with real movers associated with an actual agent for a

(13:22):
national mover that owns their own trucks, warehouses and facilities.
Never ever, ever, ever, ever, just google someone and pay
them online and you never know what's going to end up. Now, Randy,
I'm going to take your problem and we're going to
get that. We've been successful many times getting money back,

(13:43):
reversing deposits, or helping people with damage goods. It's difficult,
but remember when I said used cars was the number
one problem since COVID. We've had on the show contractors
the number two problem, contractors taking money doing little or
no work, the number three problem movers. And unfortunately, every

(14:05):
single movi here I've dealt with so far has been
associated somehow with a South Florida operation. Okay, unless they're
doing local moves and they call somebody in Denver. But
we have more on this coming up. I'm Tom Martino.

(14:25):
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dot com.

Speaker 6 (14:29):
You don't pay a cent until you're content.

Speaker 5 (14:35):
Time for an insurance check up, free no obligation comparison
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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. Hey Tom

(14:58):
Martino here three seven one three talks seven one three
two five. I've now I want to talk to Randy
about an issue with a mover. And Randy, I don't
know if we touched upon any of this, but uh
that we've we've been talking about movers. So tell me
what your situation is, Randy.

Speaker 7 (15:15):
Hey, how you doing? Tony? Thank you so much for
Kim and co. Yes on the head right.

Speaker 5 (15:24):
What tell me what happened from that? Tell me what
happened from the beginning.

Speaker 7 (15:28):
Okay, I was looking for a rental truck for moving
truck to move my son from Colorado to Arizona. So
I'm calling all our local I just looked up on
my phone local real truck type as you Aul Pantsty
and stuff like that. And while I'm doing that, meme
pops up from two movers it says we can. We're

(15:51):
cheaper than renting a truck, and so I thought, oh, okay,
well let me call him and the phone number. The
phone numbers were all over the place. They were from
Canyon City, from Colorado Springs, and then Wyoming was the
main one where they so anyway, so they says, yeah,

(16:16):
we can, we can have a truck, and we will
send two guys to help you load.

Speaker 6 (16:21):
He Now, so how did these so?

Speaker 5 (16:24):
And this is a good example by the way of
our data being used and collected and sent out. They
obviously got wind that you're looking for a rental truck,
and then they immediately send you an offer saying, hey,
we can do it cheaper.

Speaker 7 (16:42):
Exactly exactly. It just pops up while I'm looking at right.

Speaker 6 (16:46):
And these are algorithms that Google has.

Speaker 5 (16:49):
Everyone has them, you know, artificial intelligence.

Speaker 6 (16:52):
It'll have them soon. We are an open.

Speaker 5 (16:55):
Book, Facebook, TikTok.

Speaker 6 (16:57):
Whatever we do is being tracked.

Speaker 5 (16:59):
And that's a little bit of what I wanted to
talk about today as well. So you're searching for a truck,
you get some things that pop up saying wait a minute, Randy,
well they didn't use your name, but we can help
you so then what happened?

Speaker 7 (17:14):
So I called the number and rental truck raised anywhere
from eighteen hundred dollars for twenty six foot to go
from Colorado and Arizona, and I leave it out there
and all the way to Pasty was forty seven hundred.
I'm like, okay, well I call these guys and they go, well,
two thousand dollars for a truck, and we will have

(17:34):
two guys help you load the house.

Speaker 6 (17:37):
Now they said ten thousand, yeah.

Speaker 7 (17:40):
They said two thousand, okay, we will have two guys
help load the house and unload it. And I said, well,
how they're going to help unload it when it's in Arizona. Oh,
they drive the truck out there. For two hundred and
seventy five dollars extra. They will drive the truck out
there and help you unload it.

Speaker 6 (17:59):
Yeah, and cookie dinner.

Speaker 8 (18:01):
Right, And I'm like.

Speaker 6 (18:02):
Well, so hold on.

Speaker 5 (18:04):
So for twenty two seventy five the total bid, Yes.

Speaker 6 (18:10):
Twenty two seventy five.

Speaker 5 (18:12):
They were going to load your truck, drive it out
there and unload it.

Speaker 7 (18:17):
Yes, then drive it back okay, And I thought, he well, no,
I don't have to take a day off of work.
To do it. Oh, so she the lady wrote up
a contract, and then a guy called me back ten
minutes later and says, yeah, she made a mistake. It's

(18:39):
going to be twenty eight hundred.

Speaker 5 (18:41):
Yeah, my god, it's almost as if I read your mind. Okay,
So then all right, okay, So then, well.

Speaker 7 (18:50):
No, you said twenty two seventy five. I said, I'll
just I'll just run a truck for that, and he goes,
I'll do it for twenty five.

Speaker 8 (18:56):
Hundred, and then he goes, we pay for.

Speaker 7 (19:00):
Gas too, and I'm like, okay, and this was supposedly
the lady's boss.

Speaker 6 (19:05):
I get it.

Speaker 5 (19:06):
So so I want to go through the stages just
like this so people can recognize it. So it went
up to twenty five hundred.

Speaker 7 (19:13):
Yes, well he wanted to go twenty eight, and I said, no.

Speaker 6 (19:17):
I get it. So then what happened?

Speaker 8 (19:19):
Then twenty five?

Speaker 6 (19:20):
What happened?

Speaker 7 (19:21):
Then I said, okay, I'll do it for twenty five.
So what how does this work? And he goes, you
just passed eight hundred dollars now, and then when we
show up at the house with a truck and loaded
after it floaded, you passed eight hundred dollars then, and
then when we get to Arizona and unloaded, then you

(19:43):
pass the balance of eight.

Speaker 8 (19:45):
Hundred dollars okay or nine hundred dollars.

Speaker 7 (19:49):
And I'm like, okay, got it?

Speaker 6 (19:50):
So what happened?

Speaker 7 (19:52):
Rick?

Speaker 6 (19:52):
So tell me what happened.

Speaker 7 (19:54):
So we wanted to move on Friday because Saturday was
the last day of the month and I couldn't have it.

Speaker 6 (20:00):
Out of that house, right, all right? Too much information?

Speaker 8 (20:02):
Keep going, go ahead, Well, okay, I'm sorry.

Speaker 5 (20:05):
So they came, sorry, so did you pay that eight
hundred dollars that day?

Speaker 8 (20:09):
I did? I paint it with.

Speaker 7 (20:10):
Them though, and send them day one hundred dollars. And
they showed up on Saturday morning at nine o'clock with
a big white truck. There's absolutely zero markings on it whatsoever.
It looks like it just come out of a paint
booth and it was all white. And there was three
guys that got out of it. And I thought they
said they were going to send two guys to help

(20:31):
fload it. So three guys show up. The driver comes
up and he goes, yeah, I need to go through.

Speaker 8 (20:36):
The house so.

Speaker 7 (20:38):
I know how to pack it.

Speaker 5 (20:39):
Now.

Speaker 8 (20:40):
I'm not to get ahead of myself. But the lady
calls back.

Speaker 7 (20:44):
A day later. Because this was on Monday, I called him,
and then.

Speaker 8 (20:47):
On Tuesday they called back and said, I.

Speaker 7 (20:50):
Need to know all the contents in the house. So
I said, well, let me give you my son's phone.
Them minute they called my son, he walked them through.

Speaker 5 (20:59):
He walked and wow, okay, that's fine. But when this
guy walked through the house, I want to know what
he said.

Speaker 6 (21:06):
So hold on, this is good.

Speaker 5 (21:09):
I'm letting him unfold this story exactly the way it
happened because I.

Speaker 6 (21:13):
Want people to be hip to this.

Speaker 5 (21:16):
It's usually the one two three punch I call it.
Sometimes a little more, sometimes hardly ever less, but it's
the one two three punch, the initial one, the second one,
and then the third one. But we're gonna talk about
this coming up. I'm Tom Martine. It's important that you
be hip to this so you.

Speaker 6 (21:35):
Can avoid it.

Speaker 5 (21:37):
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Speaker 6 (22:06):
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Speaker 5 (22:11):
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Speaker 6 (22:22):
Help.

Speaker 5 (22:22):
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, you're troubleshooter. So Randy
says he uh was searching for renting a truck. He

(22:45):
got contacted by a mover. They quoted him one price,
raised it to twenty five hundred.

Speaker 6 (22:51):
They showed up.

Speaker 5 (22:52):
He had already paid eight hundred dollars down. They showed up.
A guy walked through the house and what happened?

Speaker 7 (23:01):
Okay, So the guy came back out and said, yeah,
they didn't they didn't quote enough room in the.

Speaker 5 (23:06):
Truck exactly exactly. So so then what did he say?
He had to what did he say he had to
raise the price to.

Speaker 7 (23:15):
Twenty thousand, one hundred and twenty seven dollars.

Speaker 6 (23:19):
Wait, you didn't just say twenty thousand?

Speaker 7 (23:22):
Whaty thousand, one hundred and twenty seven dollars?

Speaker 5 (23:25):
Well, hold on, The entire move was quoted at twenty
five hundred. Then he got to the house and said
it's going to be twenty thousand.

Speaker 7 (23:36):
And also the agreement was that I have cash when
they finish. So I'm like, wait, wait.

Speaker 5 (23:42):
A minute, but wait a minute. Even even a liar,
hold on Randy, even a liar and a cheat and
a moron, even those people know enough not to raise
it that much. They never get it. I mean, did
he say with a straight face? By the way, it's
going to be twenty thousand dollars?

Speaker 7 (24:04):
He wrote, He did all this calculation on the paper
and he goes, yeah, it's going to be instead of
they quoted one thousand square feet and it's over thirteen
thousand square feet is what you need, So thirteen times
what they quoted is what he the way he came.

Speaker 5 (24:21):
Okay, So what I want to know is this, if
you decided not to go through with it, would you
get your deposit.

Speaker 7 (24:27):
Back, that's what I asked. I said, well, no, definitely not.
Just give me my refund. And he goes, oh, you
have to talk to the other company. They're two separate companies,
as you said, they're a broker, and he they hire
him to move And I said, well, I just talked
to the lady yesterday and I said I need the

(24:49):
exact amount so I can have the cash, and she
said twenty five hundred minus. Okay, it will be everything,
all right.

Speaker 5 (24:59):
So I did so wait, wait twenty you said, listen, man,
So it stands to reason if somebody quotes you twenty
two hundred bucks or twenty five hundred or whatever and
then raises it to twenty grand, it shouldn't be surprising
that you canceled.

Speaker 6 (25:17):
Okay. So were they balked?

Speaker 5 (25:20):
Okay, well, were they balking at giving your deposit back?

Speaker 7 (25:24):
Yes, I called the lady. He goes, yeah, we don't
do nothing like that. You need to call them. So
I called the lady back and she goes, well, did
the truck show up? And I said yes. She goes,
are you refusing the service? I said, they raised it
twenty thousand dollars. What did you think? And She goes, well,
it's in the contract. If you refuse service after they
show up, then there is no return on your No.

Speaker 5 (25:47):
Okay, well that's ridiculous. So if you received but you
didn't refuse the service at twenty five hundred, you refuse
the service at twenty thousand.

Speaker 7 (25:57):
That's why I was planning to explain to my at
and visa that under the contract, they're the ones that
violated the contract. I didn't.

Speaker 5 (26:06):
Right, Well, what did she say about that? Listen, this
is pretty obvious. She said, Wait a minute, they showed
up and you refused service. Well, of course I did,
because the price went from twenty five hundred to twenty thousand.
Of course you would refuse the service.

Speaker 7 (26:21):
Right, I thought, of course you would in a car.
Didn't go to American Furnature and by All New furniture
person house for twenty nrand and just drive out there.
Why move it? And she goes, well, did you read
your contract? Because this stakes in there a few refuse service.
And so that's when I'm like, just as well, of course,

(26:44):
because of course all the guys they already had all
the moving blankets and all sorts of stuff through the house,
and I'm like absolutely not. Oh okay, well we're sorry.
They were very polite, of course, and they took all
their wait a.

Speaker 6 (26:58):
Minute, so right now where you stand, right now?

Speaker 9 (27:02):
So this was in me.

Speaker 7 (27:07):
Okay, So this was why, And so I told him no,
and I said, well, after I called wait.

Speaker 6 (27:14):
Let me ask you this. Let me ask you this.

Speaker 5 (27:16):
She quoted twenty two seventy five, who quoted the twenty
five hundred.

Speaker 7 (27:21):
Her boss called me back and said she misquoted, and
that'll be twelkay. And then he went down to twenty five.

Speaker 6 (27:30):
Okay.

Speaker 5 (27:30):
And then the guy that showed up, that's the guy
that said twenty thousand.

Speaker 6 (27:37):
Yes, this is crazy.

Speaker 7 (27:41):
Different company, like you said, he's a different company than
the one that I the broker. And so my son
started calling for trucks. It says they paid him to
the last day of the month. No trucks available. That well,
you know, we're panicing. We have half the house already
moved into the driveway. And so I called the main

(28:01):
number back and I and I talked to Dave Owens
and I'm like, well, in just a minute now, his
phone number is a Florida Paul Beats Florida number.

Speaker 6 (28:11):
Of course it is and I talked.

Speaker 7 (28:13):
To him and he was super nigh. He goes, oh,
my god, she miscalculated. She charges you six dollars a
square foot instead of three, so it'll only be eighty
five hundred instead of twenty thousand. And I'm like no,
I said, you, guys.

Speaker 6 (28:29):
So where does this stand right now? Randy? Where does
the stand right now?

Speaker 7 (28:33):
So I said absolutely not. And then he goes, well,
if you can, can you do five thousand? And my
son was having trouble fight on the truck and I said, well,
I don't know. Maybe I can do that, but i'll
have to.

Speaker 5 (28:47):
After all of that, did you just let's speed forward
to this, because I can't believe I would have told
them I would have even risked losing the eight hundred.
I would have said forget it. I don't want to
see you guys. Did you agree to any price?

Speaker 7 (29:01):
I did not, but the guy said he would do
it for five thousand, and I said, well, let me
see if we can find a truck real quick. My
son's on the other line trying to find a truck.
And he said, well, let me write up a contract.
I'll send it to you so you can look it
over and tell me what you want to do. My
son came back said I found a truck and for

(29:22):
eighteen hundred bucks from you haul. And I'm like, all right,
So I told Dave. I said, Dave, thank you, but no,
we're going to go to the other route. And he goes, well, no,
let me send you the contract, and I says, no,
we're going to go a different route. My son found
the truck. We'll have it in the morning. And right
when I said no, my phone told me that he
charged me the five thousand dollars on my credit card.

(29:46):
Oh my god, why did you run my credit card
when I told you no, you haven't even written up
a contract or nothing. And he goes, well, I'm trying to.

Speaker 8 (29:55):
Get it ready, so I gonna.

Speaker 7 (29:56):
Have a truck.

Speaker 6 (29:56):
Did you get hold on?

Speaker 5 (29:58):
Did you get the five grand take off your credit card?

Speaker 7 (30:02):
No, that's what I'm finding from my credit card. My
bank went after our told Visa, and Visa said, oh, well,
we have his electronic signature.

Speaker 5 (30:13):
And I said, God, so right now, let me get
this straight. Just let me get this straight, Randy, and
honest to God, from here on out, I need no
more every little detail.

Speaker 6 (30:24):
Are you out? Five eight hundred dollars.

Speaker 7 (30:28):
No, I'm out five thousand because then Though gave me
my one hundred dollars back right away. Oh wow, then Though,
of all people gave me my one hundred dollars back.
But Visa said, well, we talked to him and they
gave us proof that you signed, And I said, I
never signed anything or clicked anything.

Speaker 5 (30:49):
You were you were? You were literally robbed. Hold on,
I got to take this break.

Speaker 6 (30:53):
People, are you hearing these nightmares?

Speaker 5 (30:55):
First of all, that you should have never given him
mere credit card information? And how did they get your
credit card information? Okay, never mind, I want to know
how they got his credit card information.

Speaker 6 (31:10):
You put them on hold. That's good, we'll talk to
him right after this.

Speaker 5 (31:17):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com.

Speaker 6 (31:21):
You don't pay a cent until you're content.

Speaker 5 (31:26):
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer
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, s Tom

(31:52):
Martino here three O three seven on three talks seven
one three eight two five five Man, I want to
give this issue to somebody with Randy. Randy, what I
want to know is, right now, when's the last time
you talk to those people?

Speaker 7 (32:08):
Well? I text the guy back and forth, and he
kept saying, I'm going to take care of it. Already
told him, but he had to wait. He did it
on Friday, Saturday, and he goes, you have to wait
until Monday for them to correct it. And so Monday
I text him. I said, yeah, don't forget to give
my money back, and he goes, well it takes till
Friday for them.

Speaker 6 (32:28):
To profit, all right, Randy.

Speaker 5 (32:31):
So the way it is right now is you still
have a five thousand charge.

Speaker 6 (32:37):
On your credit card, yes, sir.

Speaker 5 (32:40):
And your credit card company will not take it off.

Speaker 7 (32:45):
My bake send a thing provisioned for five grams temporary,
and they sent a thing into Visa, and Visa sent
him back saying, well, we have an electronic signature and
in the contract it said there's no reason for refusal. Assuit.
I said, well that I never got a contract on this.

(33:06):
It's two separate deals.

Speaker 6 (33:08):
No, I get it. Oh, this is so entirely screwed.

Speaker 5 (33:13):
I think the problem right now, look at these these
scumbag movers out of Florida. What's the name of the
You never told me names of companies. What's the name
of the company that original woman was with? Uh?

Speaker 7 (33:26):
That said two movers, and it was United America from Wyoming.
And then the second one was relocation out of Florida.

Speaker 5 (33:40):
Relocation had to be more, it was the was the
name relocation.

Speaker 7 (33:46):
So we go back to my.

Speaker 5 (33:48):
Just tell me, I need to know the name that
the woman she represented herself as being. And that's the
guy this woman's associate. The guy is the one that
took the five grand from you.

Speaker 7 (34:01):
Yeah, the guy took the five grand and he was
with Northern Relocation Corporate way in Palm Beach, Florida. The
lady was showed that other one from Wyoming. Why they said, well,
it's you know, they contracted. He goes, we have nothing
to do with today. We're one hundred percent refund the ball.

(34:22):
Because I said, how do I know you're not going right?

Speaker 6 (34:24):
What's the guy's name in Florida. Do you have his name?

Speaker 10 (34:28):
Hi? Do Dave Owens.

Speaker 7 (34:30):
I've got a firstonal phone number seven seven.

Speaker 5 (34:34):
All right, I want someone in the studio, Deputy Dollar.
I'd like you to call and ask why they're keeping
his five grand. We'll do that, and we have more
coming up on The Troubleshooter Show, including the use of
AI in police reports. After this, go with a sure
thing Denver's Best Roofer Excel Roofing dot com.

Speaker 6 (34:56):
You don't pay a cent until you're content.

Speaker 5 (35:01):
Time for an insurance check up free, no obligation comparison
call Compass Insurance. Pay too much your coverage at dozens
of insurance companies find out now three all three, seven
to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three.

Speaker 6 (35:19):
All three nine two zero sixteen twenty two.

Speaker 1 (35:22):
Yeah, Rita, you need Avis who you don't have? Come
running as fast as we can. Shooter's gonna help.

Speaker 2 (35:40):
Come.

Speaker 4 (35:41):
Man six is the Troubleshooter Show. No Tom Martino, Hello.

Speaker 5 (35:47):
Tom Martino here, Welcome at the satellite studio MI Casa
and I think Mark Major is around Major Mark Major
after an extended vacation, and we're talking about problems, questions
and complaints, and one of the things that came up
unbelievable is this move. The moving contractors people. I am

(36:11):
telling you you should never ever, ever, ever ever give access.
You should never give a check to them, nor because
if they have your routing number and your account number,
they can take money out of your account or give
them a credit card. They were able to push through
this guy's credit card. First of all, he did it

(36:32):
the wrong way to begin with. He dealt with an
independent mover out of Florida, again making me one hundred
percent accurate in all of the bad movers come out
of Florida that we've had so far, and this case
is unbelievable. We're I said, we're going to give it
to Dollar, We're going to give it to Deputy Chopper
to look at. But basically just to just to recap this,

(36:55):
he was searching for rental trucks to move his son
and he was then contacted by a woman who quoted
him twenty two seventy five with two guys to load,
drive and unload. He thought that was good, but A
second person called back and said and increased the price

(37:17):
to twenty five hundred. He paid an eight hundred dollars deposit.
The truck showed up, the guy walked through the house
and raised it to twenty thousand dollars. He said, I'm
not going to do that. I want a refund now.
The original woman said, since he refused service, there would
be no refund.

Speaker 6 (37:37):
Then they agreed to go down.

Speaker 5 (37:39):
To five thousand dollars and charged his credit card without authorization.
Can you imagine think about that crap? And now his
bank says they have an electronic signature, they won't give
him a refund.

Speaker 6 (37:55):
So he's out five thousand.

Speaker 5 (37:57):
Dollars and never got a stitch work done. So Chopper,
I want you to I mean, really, we should pressure
his bank too. That's ridiculous that they won't with all
the movie scams out there, that they won't at least take.

Speaker 6 (38:13):
It off as credit card.

Speaker 5 (38:14):
These people, I'm telling you, I want to know the
name of that South Florida company too. He was about
to tell me, and Chopper, could you get that?

Speaker 6 (38:23):
Yeah, tell me that company. I'll go ahead, I'll get that.
And I have a real quick question for your expertise
on moving. If you have time, go ahead. What about
these pods?

Speaker 5 (38:37):
Well, remember it's not the moving of the furniture and
the pods and all that. What about these pods is
asking about is like asking what do I think about
using this type of truck a GMC over whatever.

Speaker 6 (38:53):
I mean.

Speaker 5 (38:55):
The pods would be a great idea if you had
a good company. They're a terrible idea if you have
a bad company. The pods mean nothing. The pods are
where you load them up, You put them out there,
they move the.

Speaker 6 (39:05):
Pod, and then you unload them.

Speaker 5 (39:07):
That system is I like the system if it works.
There have been a lot of complications with the pods
on damaged goods because they take no responsibility for any
of the goods. And if you're talking look at here's
the problem. When you're talking about pods or any other way.
It's not the system that makes the problem. It's the

(39:31):
people you deal with behind the system. So do you
have a good agent doing the pods or a bad agent?

Speaker 6 (39:38):
Do you have a.

Speaker 5 (39:39):
Bad agent that'll go inside them and steal or do
you have a good agent. So pods in and of themselves,
the concept is pretty clean. You load up a pod
and then just leave it there for someone to pick up,
transport it to your location, then you unload it. I
actually love that system system itself. But again, if you're

(40:03):
dealing with somebody who's scuzzy, it's going to be bad.
If you're dealing with someone who's good, it's going to
be good.

Speaker 6 (40:10):
So you know, that's what I feel.

Speaker 5 (40:13):
I feel like it's the in between that counts first
and foremost. Every single day, every single day, people are
putting down deposits without knowing who the hell they're dealing
with online as a mover, that happened to him. Look,
I know what happened. The woman who said she was

(40:37):
from Wyoming. She was tied to that South Florida company
and they probably said to her, get us a contract
and we'll share the profits with you.

Speaker 6 (40:48):
So she gets it.

Speaker 5 (40:49):
The guy calls back and says, we're increasing it to
twenty five hundred. He got an eight hundred dollars deposit,
but when that truck showed up, it's going to be
twenty thousand dollars. And he said, you know, no way.
But here's the thing. He had already made a deposit

(41:09):
at that point, and she said, well, you refuse service,
so there's no refund.

Speaker 6 (41:14):
Well, of course he refused service.

Speaker 5 (41:16):
The service went from twenty twenty five hundred to twenty
thousand dollars, so and it said no refunds.

Speaker 6 (41:27):
Well, how the hell do you sign a contract.

Speaker 5 (41:30):
That's so open ended they can say that you breached
it for not going up to twenty grand I mean,
it's ridiculous. Now, I don't have the paperwork in front
of me, and I don't think much of it matters
because they're all liars and cheats anyway, they're absolutely liars
and cheats. But Chopper, you're going to find out that
South Florida company, You're going to find out they're one

(41:52):
of many, many, And it's it's amazing. It's a criminal
enterprise around the entire country and all out of South Florida.
It's it's amazing how many people get ripped off every
single day. So top complaint getters used cars, contractors and movers. Andrew,

(42:18):
speaking of contractors, you have a problem with the contractor, Andrew,
what's going on with you?

Speaker 11 (42:26):
Yes, hi, Tom, I'm here with my mother in law, Susan.
She essentially got into a dealing with a contractor to
help with her property. I believe the first conversation started
around July.

Speaker 2 (42:37):
Is that right?

Speaker 5 (42:39):
Yea, did she actually hire? Did she actually hire the contractor?

Speaker 6 (42:46):
Yes?

Speaker 11 (42:46):
By way of the Larimer Housing Improvement Plan, they gave
her a life.

Speaker 6 (42:52):
I don't know what that is. What is the Larimer
Housing Go Ahead Improvement?

Speaker 11 (42:58):
So from what I understand, the branch of the Love
and Housing Authority, and what this does is it helps
lower income people find contractors to do work on their
home of every shape, of every shape and shade. And
what you're ultimately able to do is through this plan
you're able to get a zero percent interest lean against

(43:22):
you own partners loan against your property and that balance
will come do down the road upon sale of that property.
So it's a way to get oh really very fun
they need, yes.

Speaker 5 (43:33):
Sir, So they actually put a lean on your property.
The lean sits there until you sell it, correct, Yeah,
And why do they do that? Like, for example, what
if you sell it and don't have enough to pay
off that lean?

Speaker 11 (43:52):
I mean I would assume it would go the way
of any other lender and that they would assume the
property or you know, they would come after it. And
that means but from what I underst and again I'm
I'm just the plus one in this with Susan.

Speaker 5 (44:04):
Well, I'm just trying to get as much information as
i can. What is the name of the program again.

Speaker 11 (44:11):
It's the Larimer Housing Improvement Plan and they are part
of the Loveland Housing Authority.

Speaker 7 (44:21):
Larimer Helmet.

Speaker 6 (44:22):
You mean okay, oh pardon me? Oh thank you, Susan. Okay,
Now what went wrong?

Speaker 11 (44:33):
Well, in a nutshell, Susan's got a bit of nurse
a chat the you, sir. But but ultimately what happened
is she syncd up with a fellow on this contractor
lists agreed to do business with him in the month
of July. Materials showed up in September. I believe the
project was begun in October, and first invoices started to

(44:56):
roll in around November. Now, long story short, there were
a number of projects that we're going to be done
with this, correct me if I'm wrong, Susan. But you
were thinking the front door, you were going to get
some siding work done, paints, they were going to get
new windows, so every threshold in the house was going

(45:16):
to get a new window.

Speaker 9 (45:18):
And ultimately the.

Speaker 11 (45:20):
Work just kind of stopped halfway through after the after
about three projects, and.

Speaker 5 (45:28):
So right now the job is still right now, the
job is still incomplete if.

Speaker 11 (45:34):
You fast forward to right now, yes, sir, it is incomplete.
The work he did was not up to any manner
of code. And with winter coming, we've got a damaged
property and thirty thousand dollars against that lean.

Speaker 6 (45:50):
So the did he get paid that thirty grand?

Speaker 7 (45:55):
Yes he did.

Speaker 5 (45:57):
And the work that was done, the work that was done,
is it bad quality?

Speaker 2 (46:04):
Yes, very much so.

Speaker 5 (46:07):
So it's poor quality and incomplete. Only about how much
of the job was done.

Speaker 6 (46:15):
Fifty percent?

Speaker 5 (46:16):
How much of the job was I'm not asking how
much was done correctly?

Speaker 6 (46:19):
How much was done? Understood?

Speaker 12 (46:22):
About forty percent maybe thirty percent of the housing authority
of saying fifty percent. But he hadn't even started, you know,
anything on the inside. These projects were on the outside.

Speaker 5 (46:35):
So okay, So what is the housing authority doing for you?
What is the housing authority doing for you?

Speaker 12 (46:44):
They're not really able to help me at all. They
wanted to me to try to borrow more funds, yeah,
to at.

Speaker 11 (46:52):
Least winterize the property. And so this is Manufacturer Home.
The biggest worry we have is with winter pushing in.
We're worried that, you know, the first big drop of temperature,
you're going to see pipes freezing and more damage to
the property.

Speaker 5 (47:10):
And did the Larmer Housing Improvement Plan did they have
this contractor on their list?

Speaker 13 (47:18):
Yes?

Speaker 11 (47:18):
Yes, they had a list of qualified contractors. And she's
selected from the list.

Speaker 12 (47:24):
I could have chosen somebody else, but I don't really
know any contractors. And I assumed that their list would
have been good licensed contract Here as the authority.

Speaker 5 (47:34):
Of it, and who what's the name. What's the name
of the contractor.

Speaker 12 (47:40):
It's Impact Remodeling. And his name is Louis Rodriguez.

Speaker 5 (47:49):
Okay, And does he feel like he wants to finish?

Speaker 12 (47:54):
No, he told me that in December. He told me
he was was it was COVID and he couldn't work anymore.
He told me that in February. But he when he
wrote the letter to the housing authority saying he wasn't
dropping was dropping the contract.

Speaker 5 (48:14):
Yeah, but did he get paid for the But did
he get paid for the whole contract or just for
what he did?

Speaker 12 (48:20):
Yeah, he got thirty thousand dollars out.

Speaker 7 (48:23):
Of the thirty five.

Speaker 2 (48:24):
Thousand dollars that I was approved for He got that
off of three invoices.

Speaker 12 (48:30):
The housing program does it require receipts?

Speaker 2 (48:33):
All he says sends is invoices.

Speaker 12 (48:37):
And to me that seems like a lack of oversight there.
I trusted them to have oversight, man, to.

Speaker 11 (48:46):
Help you with this process and get some of the projects.

Speaker 5 (48:49):
So Rodriguez, Rodriguez has been paid all but five grand?

Speaker 7 (48:55):
Right?

Speaker 10 (48:56):
Yea?

Speaker 6 (48:57):
Does he?

Speaker 5 (48:57):
If I asked him, would he say all the jobs
almost done? No?

Speaker 10 (49:03):
He?

Speaker 2 (49:05):
I don't see how he could say that.

Speaker 12 (49:07):
I don't know what else they They sent him a letter.

Speaker 14 (49:09):
Of demai j.

Speaker 5 (49:09):
But what I want to know is why is this
in Colorado? Yes? For Colin, Okay, in Fort Collins, Yes?

Speaker 6 (49:21):
Right.

Speaker 5 (49:22):
What I want to know is why wouldn't they enforce
the Contractor's Trust Act? If this guy got paid and
the job's not done, Where did the rest of the
money go?

Speaker 9 (49:33):
That is an excellent question.

Speaker 6 (49:36):
Well, what do they tell you? Who's in charge of
that program?

Speaker 5 (49:41):
Who have you been talking to at the Larimer County
Improvement Plan?

Speaker 12 (49:47):
I talked to Linda Wright and then her her boss.

Speaker 2 (49:54):
Eric Hollin is also involved.

Speaker 7 (49:56):
I've never spoken.

Speaker 6 (49:57):
But okay, but listen, here's the thing.

Speaker 5 (50:00):
They put a thirty thousand, thirty five thousand dollars lean
on your house, right.

Speaker 11 (50:06):
Right, Well, thirty of it has been sent so right,
that's the budget she has.

Speaker 6 (50:11):
Thirty is gone, thirty is gone.

Speaker 5 (50:14):
And does any of that work have to be redone?

Speaker 12 (50:19):
Yes, the windows have to be redone.

Speaker 6 (50:22):
I wait, I mean windows? How many windows?

Speaker 5 (50:27):
I believe there?

Speaker 12 (50:28):
Well, there's two missing that he never replaced, and I
believe there was that.

Speaker 2 (50:34):
Two or a five six, seven evening about ten, ten
or twelve windows.

Speaker 5 (50:40):
I can't Okay, okay, we can't do anything on this
phone call. We need to call we need to call
the Laramer Housing. And this is absolutely ridiculous. This is
absolutely ridiculous.

Speaker 12 (50:54):
But I did you know during the loan process I
find on something that says that I will not hold
them responsible for it.

Speaker 5 (51:03):
Yeah, but they recommended this contractor and they paid him.
Who was in charge of paying him?

Speaker 12 (51:13):
I believe Eric Hall has signed the receipts for payment.

Speaker 6 (51:16):
Because here's what I'm saying.

Speaker 5 (51:18):
If this Luise put in an invoice for stuff and
it wasn't done correctly, or it wasn't complete, they had
no business dispersing the funds.

Speaker 7 (51:31):
Correct right, Hey, well, I.

Speaker 12 (51:32):
Mean telling me that. They're telling me they didn't pay
him anything I didn't sign for. But what I was
signing was that he had done work. I signed his
invoice on a phone, which I couldn't really see. There
were no dollar amounts.

Speaker 5 (51:47):
Time. Wait a minute, so you approved all Why did
you approve all of these?

Speaker 12 (51:54):
I was just signing that he had done some work.

Speaker 7 (51:57):
There was an inspector that said.

Speaker 12 (51:58):
The work wasn't complete, so I didn't know that they
were paying him the full amounts.

Speaker 2 (52:03):
I didn't find that out until.

Speaker 6 (52:05):
God, this is such a screwjob. Oh my god, this sucks.

Speaker 2 (52:11):
Man, help me out.

Speaker 6 (52:13):
No, seriously, who's Kachina?

Speaker 5 (52:18):
Who can we have that will actually get on this
right away?

Speaker 6 (52:21):
I mean we need to call up there.

Speaker 5 (52:23):
I mean, these people can't hold her responsible for payments
to for inadequate work.

Speaker 6 (52:31):
Right now? Are you positive this stuff? Just hold on?

Speaker 5 (52:35):
I guess I just can't believe the work has to
be redone. It's only it's only fifty percent done, and
they paid ninety something percent of the of the money owed.

Speaker 6 (52:48):
How do they wash their hands of this? How do
they do that?

Speaker 5 (52:52):
Somebody's got to handle this is Deputy Ball around today.

Speaker 6 (52:56):
I think he is available for a case. But remember
we also have Dollar and yeah, but I was.

Speaker 5 (53:02):
Just sold Dollar can't take any more. I was just
told he can't take any more cases. Look at do
me a favorite Kachina. Find someone who can start making
I'll find someone who can start making phone calls right now.
I mean, this is an amazing this is a major problem.
I mean, we're talking about someone's home and it unbelievable

(53:23):
to me. It's just unbelievable. I'm Tom Martino. We'll dive
into this fiasco and 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

(53:48):
insurance checkup free, no obligation. In comparison, call Compass Insurance
paying too much your coverage at dozens of insurance companies
find out now three O three seven to seven to
one help. You'll think you're his only customer when you
choose Frank durand the real estate Man dot com to
list your home with Remax Alliance three oh three nine
two zero sixteen twenty two.

Speaker 6 (54:09):
We go what.

Speaker 5 (54:16):
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Speaker 6 (55:00):
You know, I'm telling you.

Speaker 5 (55:03):
We have had the most incredible ripoff calls today.

Speaker 6 (55:09):
Again I've said this before.

Speaker 5 (55:11):
It is amazing to me how many people get away
with being thieves. This guy, Luis Rodriguez, he got sick
and said, well, I can't finish it, even though and
this is what I want whoever we give this to.
Who are we going to give this case to look
into it? We got to make some phone calls.

Speaker 6 (55:32):
On so Dollar's gonna go ahead and take it?

Speaker 7 (55:34):
He said, it was Dollar.

Speaker 5 (55:36):
Here's what I Here's listen to this they're saying to
this woman. Even though the contractor did only half the job,
and of that a lot of it has to be redone.
They have paid him thirty thousand dollars on a thirty
five thousand dollars contract. For God's sakes, they have paid

(55:59):
so much of that contract already, and now they're telling her,
well tough.

Speaker 6 (56:08):
So now she's got a lean on her house for
thirty grand.

Speaker 5 (56:13):
And half the job is done, and it's done poorly.
How do they wash their hands of this saying we're
not responsible for it?

Speaker 6 (56:20):
The hell they're not. I just can't believe it.

Speaker 5 (56:26):
So anyway, I'm just, oh God, I'm so pissed off.

Speaker 6 (56:31):
And here's the deal.

Speaker 5 (56:33):
Okay, if you're going to do business and rip people off,
you're going to get away with it. That's the sad,
sad state of affairs right now. So I would like
to hear what the Larimer County what is the Larimer
Housing Improvement Plan?

Speaker 6 (56:51):
Yeah, they did a lot of good for her.

Speaker 5 (56:54):
Larimer Housing Improvement Plan just basically just basically screwed this
woman blind. And I want to know this, Luis Rodriguez,
where does he get off getting paid on ninety nine
percent of the job when he only did half of
it and he did it poorly? And who was the
inspector that was supposed to inspect it.

Speaker 6 (57:17):
And then we got this other guy. How the hell they.

Speaker 5 (57:21):
Got his credit card to charge five grand? I don't
know choppers handling that one. This guy just calls for
a mover. They flim flammed him around. Another moving scam.
I went over those moving scams and how they operate.
And every single day we get these moving scams. Every
day I hear from someone who's been scammed by a mover,

(57:43):
or scammed by a contractor, or scammed by a used
car salesman. Gosh, dang it. Yeah, And so if you'll
if you look at the amount of money scammers are getting.
I have been in this business. I'm serious now, I've
been doing this fifty years or better, just slightly over fifty,

(58:07):
but in Denver forty five years. And I will tell
you this is the worst time I've seen for ripoffs,
the worst time. And government officials do nothing about it.
They do nothing. All Right, we got some follow ups.
Did you say you had a follow up, Deputy Dollar? Yeah,

(58:28):
I do, Tom, Okay, which one is this? So this
is for April?

Speaker 15 (58:33):
It was back on September second.

Speaker 5 (58:38):
April September second, okay, And what was the issue? She
thought she hired Oh, this is one where she thought
she hired United Moving in storage, but it wasn't.

Speaker 6 (58:51):
Okay, that's where she was spoofed.

Speaker 5 (58:53):
She went online, she was calling United, she really called
green Planet Movers, and then Green Planet gave her a
phone estimate, of course for thirty seven hundred, but the
final price was nineteen hundred more. And she is seeking advice.

(59:16):
So what happened dollar?

Speaker 15 (59:18):
Actually that Green Planet Movers they're here in Denver, Yeah,
and they've been pretty good to work with. But at
the end of the day, April was moving from here
to Oregon and she had less stuff than the original quote,
so the quote was higher. But at the end of
the day they tried to hold her merchandise or her moving.

Speaker 6 (59:44):
Hostage hostage. Yeah, and then they.

Speaker 15 (59:48):
Resolved it and her stuff got delivered like the day.

Speaker 6 (59:52):
How did they resolve it? How did they resolve it?

Speaker 15 (59:55):
Because Green Planet Movers agreed to eat part of it,
and the United Movers, which is out of Royal Palm Beach, Florida, yep,
also agreed to eat a little bit. That's the first
one I've ever seen where we've gotten like those Florida
Movers to do something.

Speaker 5 (01:00:16):
But we're still listening to this. We're still one hundred
percent accurate. Every single moving ripoff has ties to South Florida, absolutely,
every single one of them.

Speaker 6 (01:00:28):
I swear to God it is What is it with Florida?
What is it?

Speaker 5 (01:00:34):
Why are so many scammers in Florida? What is it
about Florida?

Speaker 6 (01:00:39):
In fact?

Speaker 5 (01:00:40):
Do you know what I'd like to do right now?
I'd like to have someone call the state of Florida.
They have an attorney general, right or something of that effect.

Speaker 6 (01:00:52):
I want to call and ask why or.

Speaker 5 (01:00:54):
Maybe is there a Florida Is there a South Florida
Chamber of Commerce or something? We I want someone just
for the hell of it, Shopper, why don't you, for
the hell of it make some phone calls and ask
them why all of the bad movers are in South Florida.

Speaker 6 (01:01:12):
I'll do that, Tom.

Speaker 5 (01:01:13):
I'd love to ask him. Say, Look, we run a
radio show. We get calls from all over the country,
and one hundred percent, one hundred percent of the moving scams,
one hundred percent of them come out of South Florida.

Speaker 6 (01:01:32):
I'd like to see what they say.

Speaker 5 (01:01:33):
By the way, I didn't forget this, you do.

Speaker 6 (01:01:36):
You are od Dinger. Thank you for that.

Speaker 5 (01:01:40):
Thanks I can't believe you got some results dollar. Thank
you man, Thank you for trying that. But now this
mother in law, now I want you to I want
you to call up to Larimer or up to Fort
Collins and find out how the hell do they wash
their hands of this. They can't. They just can't. It's
not right. I don't care what they say. They can't

(01:02:01):
do it. They can't pay out on this contract thirty
thousand on thirty five thousand. They can't do it, and
then claim they have nothing to do with it, that
it's not their fault. I want to talk to someone
up there, because this is ridiculous. So this woman goes

(01:02:23):
to the Laramer Housing Improvement Plan and Fort Collins where
they put a lien on your home, a zero percent
lean that you only pay upon sale. She was going
to get the front door, siding and paint and windows.

Speaker 6 (01:02:38):
Listen to this.

Speaker 5 (01:02:40):
It was such poor quality that it has to be
redone and only half of it was done to begin with.
And Rodriguez, the contractor, Luis Rodriguez, said he was sick
and can't finish, but he has been paid almost one
hundred percent of the job. Now I want to know
how she goes to this program that put her in

(01:03:01):
touch with this guy and they say, well, we can't
do anything about it. That is a bunch of crap.

Speaker 6 (01:03:08):
Dollar. Don't take that for an answer.

Speaker 5 (01:03:09):
Tell them, Look, you have some responsibility in this damn thing.
You hooked her up with the contractor number one, number two,
This work was supposed to be inspected, and number three
he got paid for all of it when he only
did fifty percent of it.

Speaker 6 (01:03:27):
You know, I'm going to tell you something.

Speaker 5 (01:03:30):
I had a bout with cancer this year, a serious cancer,
and I beat it. They tell me I beat it,
and I started thinking to myself, what happens when I retire? Now,
of course we've got Mark, and I'm not saying we
don't have a show. But what I'm saying is what
happens when this show goes away?

Speaker 6 (01:03:49):
Do you realize there's.

Speaker 5 (01:03:50):
No one, no one, no one, no one fighting this battle,
no one, and our authorities don't do crap about it.

Speaker 6 (01:03:57):
They don't care.

Speaker 5 (01:03:59):
I am telling you that they end up letting people
get away with thievery in this state. We're one of
the softest states in the country for civil theft. My god,
it's you know, we should be ashamed of ourselves and
the people don't pay money up from period. David has

(01:04:27):
a comment on South Florida movers. Go ahead, David, what
is your comment?

Speaker 6 (01:04:34):
All right?

Speaker 5 (01:04:35):
Ask David to hang on and I'll take a break.
We'll come back for more 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, call

(01:04:56):
Compass Insurance paying too much your coverage at dozens of
Insuran companies find out now three all three seven seven
to one.

Speaker 6 (01:05:03):
Help.

Speaker 5 (01:05:03):
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, you're a troubleshooter again
Today we hear about a ripoff again South Florida mover.
In fact, two of them this today and they have

(01:05:26):
ties to South Florida. And I, honest to God, would
like some of my YouTube warns or somebody to call
down to the Better Business Bureau any of the better
business bureaus in Florida.

Speaker 6 (01:05:37):
And simply ask why.

Speaker 5 (01:05:41):
Why are there so many located in South Florida.

Speaker 6 (01:05:44):
David, what is your comment?

Speaker 9 (01:05:48):
Hey that Tom?

Speaker 13 (01:05:48):
Yeah, my chuman is I lived in South Florida for
about seven years. I was in sales back then, and
you know, they seem.

Speaker 7 (01:05:54):
To prey on all the retirees there.

Speaker 13 (01:05:56):
You know, I mean eighty percent of the residents in
South Florida, you know, Cape Coral, Saratoch, all those areas
are basically elderly, you know. I mean when I say elderly,
I mean but.

Speaker 6 (01:06:06):
They're not They're not praying on them. They're not praying
on them in Florida.

Speaker 5 (01:06:10):
They might be praying on some of them, but all
of the South Florida movers are preying on people around
the country.

Speaker 6 (01:06:18):
Yeah.

Speaker 13 (01:06:18):
But well, also you've got a lot of people moving
from New York and the East Coast down to Florida,
and again usually they're more retiree level. So, you know,
just the scams in general that happened lately, a lot
of them are focused towards more than elderly folks, you know,
which is terrible.

Speaker 10 (01:06:33):
You know.

Speaker 13 (01:06:34):
So I just think with the movers the ad companies,
you know, the water stepping companies, and then they tell
you a water filtration system. You know, all those kind
of companies. I think they're a bit scammy myself from living.

Speaker 6 (01:06:45):
The Okay, David, I know what you're talking about. There.
There are a lot of scams in Florida.

Speaker 5 (01:06:51):
There really are in this particular case, and thank you
for calling. In this particular case, I think that the
South Florida movers are not confining themselves to South Florida.
They're not confining themselves to people moving in or out
of Florida. They're all over the country. You can be
moving from Denver to la and you're going to come
across a South Florida mover. If you go on and

(01:07:14):
Google movers and they spoof you thinking you're calling a
national mover of repute and somebody who has a good reputation,
and it turns out you're talking to a scumbag.

Speaker 6 (01:07:26):
In South Florida.

Speaker 5 (01:07:27):
So people, I have a really good recommendation, if a
mover is located in South Florida, do not use them.
How about that? That is my honest to God recommendation.
Do not use them. And I don't care what people say,
I'm telling you do not use them now, you know,
interestingly we've been talking. One of the topics I want

(01:07:48):
to talk about today are two things to do with
two things to do with crime. One is police are
now using artificial intel religions to write up police reports.

Speaker 6 (01:08:03):
Think about that.

Speaker 5 (01:08:04):
And number two, I want to talk about restraining orders.
I once said on the show that they give out
temporary restraining orders tros or TPOs temporary protection orders.

Speaker 6 (01:08:17):
They give them out like candy.

Speaker 5 (01:08:19):
You can literally go to court right now and get
a restraining order and you don't have to have the
other party present. It's called ex partey. And what's amazing
to me is that you'll get it. But we have
an attorney here today who talks about who wants to
talk about this too, because he fights them sometimes when

(01:08:40):
and it can open up the person who does it
to some problems too if they get one and they've
lied or exaggerated.

Speaker 6 (01:08:47):
Again.

Speaker 5 (01:08:48):
Temporary restraining orders were meant to protect people, to truly
protect people. That's why they gave them out, and then
to keep them though you have to prove it's true
a danger and a lot of people don't know how
to fight them.

Speaker 6 (01:09:03):
We'll talk about that in more coming up.

Speaker 5 (01:09:09):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison,
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
to seven to one help. You'll think you're his only

(01:09:31):
customer when you choose Frank durand the real estate Man
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hi Tom Martino,
you're a troubleshooter. Three O three seven to one three
A two five five Listen.

Speaker 6 (01:09:49):
I'm late.

Speaker 5 (01:09:50):
I'm going to run out of time, but I'm going
to tell you something next hour. One of the things
we're going to talk about are temporary restraining orders. Now
they're called temporary, but they can be come permanent, and
often do.

Speaker 6 (01:10:02):
Here's the problem.

Speaker 5 (01:10:03):
A lot of people are getting these these restraining orders
under lies and deceit, and we're going to talk about
fighting them. If you've ever been the victim of one
of them, I'm Tom Martinez, Stick around for more three
oh three seven one three a two five five Go

(01:10:26):
with a sure thing Denver's Best roofer Excel Roofing dot com.

Speaker 6 (01:10:30):
You don't pay a cent until you're content.

Speaker 5 (01:10:34):
Please time for an insurance check up free, no obligation
comparison call Compass Insurance Paying too much your coverage at
dozens of insurance companies find out now three oh three
seven to seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two.

Speaker 1 (01:11:01):
Ripped up new need ad by so you don't have a.

Speaker 3 (01:11:09):
Come running just as fast as we can show Shooter's
gonna help come.

Speaker 4 (01:11:15):
Man Dix is the Troubleshooter Show Now Tom Martino.

Speaker 5 (01:11:22):
Hi, Tom Martino, Your troubleshooter. Three oh three seven one
three talk seven one three eight two five five.

Speaker 6 (01:11:31):
What is going on in your life?

Speaker 5 (01:11:33):
We are talking about all kinds of things near and
dear to your heart and pocketbook, as we do every day.

Speaker 6 (01:11:39):
So I joined.

Speaker 5 (01:11:40):
I asked you to join the conversation. Have you ever
been struck with a restraining order. We'll talk about that.
How did they get one so easily? How do they
make it stick? And do I have anything I can
do about it. We'll be talking about that with one
of my attorney friends who I've known for many years,
who also does criminal defense, but he can talk about

(01:12:01):
restraining orders in a meaningful way. We're also going to
talk about arrest reports and police reports being done by
AI and how that can be good or bad for you.
Right now, matt to talk about a beneficiaries deed. Matthew,
what's going on, Matthew?

Speaker 10 (01:12:23):
Yes, sir Tom, Hey, I got a question about the
other thing too. Should I ask you about the beneficiary
d first or the criminal attorney quis?

Speaker 5 (01:12:30):
Yeah, Let's do the beneficiaries deed first.

Speaker 9 (01:12:34):
Okay.

Speaker 10 (01:12:35):
So I'm the oldest of four children. My dad passed
away this past July. So we tried to do a
beneficiary deed to his house that he was paying the
mortgage on. We filed it with the clerk, and then
after he died, I took the death certificate gave him
the beneficiary They already had the beneficiary deed, but I

(01:12:57):
got the letter from the city in County of Denver
that said we did not include a brief description of
the property. Therefore, pretty much the beneficiary beat.

Speaker 6 (01:13:08):
Is null and void.

Speaker 5 (01:13:10):
Wait a minute, my dad, Wait a minute, when you
filed the beneficiaries deed, did you put down the address?

Speaker 10 (01:13:19):
We did put down the address, but we just printed
it out on the internet and filled generic beneficiary dead.

Speaker 6 (01:13:27):
Yeah, but it should still be good enough.

Speaker 5 (01:13:29):
I don't understand why did they But they didn't tell
you it was null and void until you tried to
use it.

Speaker 16 (01:13:37):
No.

Speaker 10 (01:13:37):
Well, I so when I went to the city and
clerk after he died, they said, just bring the death
certificate and that will activate the beneficiary beat.

Speaker 6 (01:13:46):
Right, that's right down there.

Speaker 10 (01:13:49):
He said. Check the city website in six to ten
weeks and you will see your name as the new
owner of the property. So I waited. I checked it
this last week.

Speaker 9 (01:14:00):
And it's still in my father's name.

Speaker 6 (01:14:02):
Yeah.

Speaker 10 (01:14:03):
Come to find out, I found that letter that said
I didn't include a brief survey, which the people I've
talked to have said, that's just another word for the
warranty deed. But it's something that you can't do yourself.
And I should have hired either a real estate attorney
or someone to draw up the beneficiary deed?

Speaker 6 (01:14:22):
Yeah, but it's but was the deed? Was that beneficiary
deed recorded?

Speaker 10 (01:14:29):
It was notarized and everything.

Speaker 6 (01:14:30):
Yes, it was recorded, and they said it's null and void.

Speaker 10 (01:14:37):
I got an official letter, so I called him and
they said it's it's still in his name. And now
because your dad's gone, you're.

Speaker 9 (01:14:47):
Going to have a heck of a time.

Speaker 5 (01:14:49):
True, you're not going to have a heck You're not
going to have a heck of a time at all.

Speaker 6 (01:14:53):
How many heirs does he have?

Speaker 10 (01:14:57):
Does four siblings?

Speaker 6 (01:15:00):
Four?

Speaker 9 (01:15:00):
Four errors?

Speaker 6 (01:15:02):
Does he have a will?

Speaker 7 (01:15:05):
No?

Speaker 6 (01:15:06):
He's okay, beneficiary need hang on.

Speaker 5 (01:15:09):
I want to get Dan McKenzie on the air to
talk about this that beneficiaries deed. I don't understand why
they needed a survey. If they have the address, did
you put the legal description on the beneficiaries deed?

Speaker 10 (01:15:27):
To be honest with you, I gotta get the copy
of the back. But we just like I said, I
printed out a genericus template on the Internet of a
beneficiary's deed and then filled all the blanks in.

Speaker 9 (01:15:39):
We had to get it notarized.

Speaker 10 (01:15:40):
We had a dragon to the.

Speaker 9 (01:15:41):
Bank to get it notarized, and then.

Speaker 10 (01:15:44):
We gave it to the real estate company or the city.

Speaker 7 (01:15:48):
What do you they?

Speaker 6 (01:15:50):
Okay, listen, it should be good enough.

Speaker 5 (01:15:55):
But and if it was null and void, they should
have let you know right away when you recorded it.

Speaker 6 (01:16:02):
Did with this letter that you got?

Speaker 5 (01:16:05):
Was it after you right after you recorded it or
after your dad died?

Speaker 7 (01:16:11):
It was it.

Speaker 10 (01:16:12):
Was a two I want to say, about a month
after we recorded it with the city.

Speaker 5 (01:16:17):
Okay, here's what's required on a beneficiary's deed, right the
current owner and his approval, your owner, your name, or
whoever the beneficiary is. And then there has to be
a full legal description from the deed. Okay, So it
has to have more than just the address. It's not

(01:16:40):
just the address. So did you put a full legal
description in there?

Speaker 10 (01:16:47):
I personally did not, but I don't know if my
father did before he died. I mean, he was he
wasn't dumb. I mean he had a master's degree though,
I mean he kind of knew what he was doing,
But I don't know if he knew what he was
doing in regards to real estate.

Speaker 5 (01:17:01):
Okay, you had his signature notarized, But you're right, a
legal description is a required component. It absolutely is a
required component. And if it did not have a legal description,
what's that.

Speaker 10 (01:17:19):
Let's say for argument, Let's say for argument's sake, I
don't have the legal description, then what can I do?

Speaker 7 (01:17:27):
Now?

Speaker 5 (01:17:28):
Okay, we're going to talk about that. I'll bring up
our attorney, Dan McKenzie. Dan, are you there, sir, Yes,
Dan McKenzie. By the way, I'll give his number out
in a little while. He is our expert on a state,
a state planning, wills, probate trusts. Dan Matthew did a
beneficiary steed and did not put a legal description on it.

(01:17:49):
He simply downloaded a form from the internet, filled it out,
had it notarized. His dad has since died, and the
city told him, who was it that told you the
city or county Matthew.

Speaker 10 (01:18:04):
There's a city in county at Denver from the department.

Speaker 5 (01:18:06):
They told the city, the City and County of Denver
told him that that beneficiaries deed is null and void
because he did not have a legal description on it.
So so the dad died, doesn't have a will, and
the house is still in his dad's name. He and
and and by the way, Matthew, did your dad intend

(01:18:29):
for you to be the owner?

Speaker 6 (01:18:30):
Of that property or all four of you.

Speaker 10 (01:18:34):
He put the beneficiary for me and my next oldest
brother below me, the two of us, And.

Speaker 6 (01:18:40):
How would the other two feel about that? I'm not sure.

Speaker 16 (01:18:46):
I don't.

Speaker 10 (01:18:47):
I've never we haven't had an outright conversation, But I
don't know if they were just.

Speaker 7 (01:18:51):
Would disputed, I don't.

Speaker 10 (01:18:53):
We've all been it's been real peaceful, everybody on board.

Speaker 6 (01:18:57):
No, I understand that.

Speaker 5 (01:18:58):
But what I want to know is, did those two
siblings Were they in agreement with you and your brother
getting the house? Were they I'm just curious, were they
in agreement?

Speaker 10 (01:19:12):
Let's say, if you ask them separately, let's say one,
maybe one of them would say no, I'm maybe.

Speaker 9 (01:19:18):
Both of them. I'm not sure.

Speaker 5 (01:19:19):
But I mean because right now, right now, you have
a problem without a will, and just you saying well,
I was supposed to be on the beneficiaries deed, just
me and my brother, I mean, you may have a problem.
So Dan, right now, the guy dies without a will,
there's avoided beneficiaries deed, there's four.

Speaker 6 (01:19:44):
Heirs. What does he do?

Speaker 17 (01:19:50):
I mean the legal description usually is required because the
address from my we've we've seen these where the street
end address is not correct, and we've been told by
the clerk in a quarter's office, like, we don't care
about that. All they care about is legal description. So
not having a legal description really does create an issue

(01:20:11):
that they might have difficulty working around. I mean, there
is something called a correctidy, but I think that really
usually needs to be fought by the person who signed
the deed that is needing to be corrected. So it's
a difficult problem to solve. I can't say there's no solution,
but I'd have to think about that a little bit
because the legal description usually is quite critical.

Speaker 5 (01:20:33):
Okay, so let's say the beneficiary deed is null and void.
Now we have a guy who died without a will
with four siblings.

Speaker 6 (01:20:42):
What would be the normal course of events?

Speaker 17 (01:20:45):
So yeah, when there's real estate, there does need to
be a probate process. I mean one I'm coming up
with this as we're talking here, but I mean one
one question is whether or not you know that deed
even though it was not.

Speaker 10 (01:21:00):
Not effective for the clerk.

Speaker 17 (01:21:02):
And Recorder's office, is in a will.

Speaker 6 (01:21:05):
You know?

Speaker 17 (01:21:05):
Could you if you could just submit that and say, hey,
here's his intent, he signed the document, he dated it,
it says he wanted to give his house to me
and my brother. There is something in the probate code
potentially saying like yes, and a writing that does not
necessarily need all the terms of a will, and that
might because it's notarized, and again it says, you know,
here's what I want to have happened to my death.

(01:21:26):
So you might be able to get in a probate
and still get that still get that house gift enforced.
But you're going to have to go through probate, and
you're going to have to notify all four people, I
guess yourself included, but the two who are not going
to get the house. You know, the beneficiary deed, it
is a public record that they could have found, but

(01:21:48):
the probate's going to require a little bit more directlydification
to the issue.

Speaker 6 (01:21:52):
So Matthew, what Matthew. I hope you hear what he's saying.

Speaker 5 (01:21:56):
He is saying that even though the beneficiary deed may
not stand as a beneficiary deed and automatically transfer ownership,
it could have all the elements needed to prove your
dad's intent, which would do the same thing, but you
would have to do it through the probate process.

Speaker 6 (01:22:16):
Do you understand that I do?

Speaker 10 (01:22:20):
Now do you need an attorney to go through probate?

Speaker 5 (01:22:23):
Well, Matthew, you proved you couldn't even file a beneficiaries deed,
and now you want to do probate. I mean, come on, Matthew,
I mean you haven't even gotten to the courthouse steps
and you've already screwed it up. So why would you
do that again? I mean, what is this resistance to
hiring an attorney?

Speaker 10 (01:22:46):
Nine, I've just never done it, mecause I'm an old
school fellon that's got my life together and probably somewhere
seep down don't like attorneys.

Speaker 5 (01:22:55):
Okay, but Matthew, here's the deal. Here's the deal. Seriously,
But what Dan said was very clever. If he can
somehow get that beneficiaries deed to be proof of intent
for leaving the house to you and your brother, and
then you open up a probate and introduce that, how

(01:23:16):
the hell would you do that on your own?

Speaker 6 (01:23:18):
For God's sake, I mean, come on, you're you're asking,
can I do that on my own? Yeah? And how
would you move about?

Speaker 5 (01:23:25):
What would be your first move to get the beneficiaries
deed entered? As a quase, I will what would be
your first move, Matthew.

Speaker 10 (01:23:35):
I would say, ask Siri, how do I?

Speaker 5 (01:23:38):
Okay, Matthew, then go ahead, go ahead and ask Siri,
and thank you for calling. Okay, I'm going to answer
the other question for you, So hang on, but we're
done with this one. If you if you don't see
the need for an attorney, there is nothing I can.

Speaker 6 (01:23:53):
Do for you now.

Speaker 5 (01:23:53):
Anyone who wants to contact Dan McKenzie, it's eight three
three c Plans eight three three co plans or the
website is coplans dot co. Matthew, If you want to
ask that other question about restraining orders or whatever, you
can hang on. And Eric has a question about sprinklers.

(01:24:14):
All of that coming up right after this. Go with
a sure thing Denver's Best roofer Excel roofing dot com.

Speaker 6 (01:24:25):
You don't pay a cent until you're content.

Speaker 5 (01:24:28):
Please time for an insurance check up free, no obligation
comparison call Compass Insurance paying too much your coverage at
dozens of insurance companies find out now three O three
seven to seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate
man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two.

Speaker 6 (01:25:01):
Hi Tom Martino here three.

Speaker 5 (01:25:03):
Zero three seven to one three talk three O three
seven one three eight two five five.

Speaker 6 (01:25:09):
All right, Eric's got a question on sprinklers. Did that
guy hang up?

Speaker 5 (01:25:13):
Did the the the legal whiz who wanted to do everything?

Speaker 6 (01:25:17):
He hung up?

Speaker 5 (01:25:18):
Okay, because he said he had a question on restraining orders?
But Eric, you have a question on sprinklers. Go ahead,
what is your question?

Speaker 6 (01:25:24):
Eric?

Speaker 7 (01:25:26):
Oh?

Speaker 18 (01:25:26):
Yes, thanks Tom. So I was told in the state
of Colorado it doesn't the ground doesn't get cold enough
here to really uh blow out. You don't need to
blow out your sprinklers.

Speaker 6 (01:25:38):
So that's not true at all.

Speaker 5 (01:25:40):
That's not true at all. Okay, my opinion is that's false.
It absolutely gets cold enough, and you should vacate.

Speaker 6 (01:25:48):
And blow out your sprinklers every season. Okay, that's simple. Now,
why who told you you didn't have to do it?

Speaker 18 (01:25:57):
Well, I've heard it from a couple of landscaping company people.
And then, to be honest with you, there was I
don't know if he's still on the radio or not,
but there was a guy about five years ago, Ken
Moon that I might have mis heard him wrong, but
I thought I heard him say that once before as well.

Speaker 5 (01:26:15):
So Hill, there are certain there are certain kinds of
sprinkler systems that backdrain and are deep enough that don't
need the conventional winter rising. However, if you don't have
that kind of sprinkler system, you do have to winter rise.
Now that doesn't mean you have to put glycole in it,

(01:26:37):
but you do need to drain them and then blow
them out. Some of them can just be drained and
don't have to be blown out. It really depends on
your system. But on the main per is does he
get cold enough in Colorado to do it? Absolutely? Doug
just called in with a comment. Go ahead, Doug, what's

(01:26:59):
your comment.

Speaker 19 (01:27:01):
I'm a sprinkler guy here in the metro area and
I can tell you right now that I'll be doing
seven hundred blowouts this year.

Speaker 7 (01:27:11):
They can get cold enough.

Speaker 19 (01:27:13):
It does get cold enough in Colorado to freeze.

Speaker 5 (01:27:17):
Now, what about Eric, I mean, what about systems that
don't need to be blown out?

Speaker 6 (01:27:23):
Aren't there some that backdrain well enough?

Speaker 19 (01:27:27):
Uh, sometimes you can do that, But I can tell
you this, the average price of a backflow replacement or
repair is anywhere between three and one thousand dollars. So
I think it's better to spend that, you know, seventy
five to eighty five dollars to blow it out and
have that peace of mind.

Speaker 9 (01:27:42):
And there's a very interesting thing, tom.

Speaker 20 (01:27:44):
That the.

Speaker 19 (01:27:46):
Whole country did this new thing where they're trying to
save water. So the sprinkler heads that they're replacing now
and you cannot buy any others, but these are special
pressure regulating ones. Those have to be blown out because
they hold the water inside the pipe. So if they don't,
they're they're not self draining anymore. They want to keep
the water in the pipe and not have it drained

(01:28:07):
out after every runthrough.

Speaker 8 (01:28:09):
So because of this law, that's okay.

Speaker 19 (01:28:12):
About three years ago. You've had any sprinkler head that's
been replaced with in the last three years, that system
needs to be blown out.

Speaker 5 (01:28:21):
Well, let's just say to be safe, all of them
need to be blown out. And it doesn't cost that
much and sometimes people even know enough to do it.

Speaker 6 (01:28:29):
On their own. Aren't most systems.

Speaker 5 (01:28:32):
Aren't most systems made they even have an air chuck
on them to hook up a compressor.

Speaker 19 (01:28:40):
Yeah, those are your test cocks, and you can you
can get a basic you know, a small compressor will
take you all day long under like my big toe
behind where I can do it in about fifteen minutes.
But yeah, you just put an air chuck on there and.

Speaker 8 (01:28:53):
Either call guy or go okay, air compressor.

Speaker 6 (01:28:56):
They're good to go. Doug.

Speaker 5 (01:28:57):
What's what's the name of your company.

Speaker 19 (01:28:59):
Doug Blue Water Sprinklers.

Speaker 6 (01:29:03):
Thank you very much. I appreciate you calling in.

Speaker 5 (01:29:07):
If you ever want to be on the referral list,
give us a call at three zero three Martino.

Speaker 6 (01:29:10):
I appreciate it all right.

Speaker 5 (01:29:13):
Coming up, restraining orders, We've had no less than a
dozen cases in the last few years where people, I mean,
a guy comes home and finds out he can't come
home there was a restraining order put on him. Or
he frequents a certain Starbucks and someone else goes there

(01:29:37):
every morning and he can't go there anymore because there
was a straining restraining order.

Speaker 6 (01:29:41):
Put on him.

Speaker 5 (01:29:43):
I once said, they give out restraining orders like candy.
We're going to explore that and what you can do
about it. Coming up on the Troubleshooter Show, Frank Round,
the Real Estate Man will do a free valuation of
your home and tell you what it will sell for
based on today, based on the supply and demand, the
interest rate, the neighborhood, the comps, and it'll be a

(01:30:06):
detailed analysis with no obligation, free of charge.

Speaker 6 (01:30:10):
Frank Duran the Realestateman dot com.

Speaker 5 (01:30:13):
You want to know what you cannet, call him three
oh three nine to zero sixteen twenty two. Go with
a sure thing Denver's best roofer Excel Roofing dot com.

Speaker 6 (01:30:28):
You don't pay a cent until you're content.

Speaker 5 (01:30:33):
Time for an insurance checkup, free, no obligation comparison call
Compass Insurance Paying too much your coverage at dozens of
insurance companies find out now three oh three seven to
seven to one.

Speaker 6 (01:30:44):
Help.

Speaker 5 (01:30:44):
You'll think you're his only customer when you choose Frank
Durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two.

Speaker 6 (01:31:02):
Nine.

Speaker 5 (01:31:03):
Tom Martino, you're a troubleshooter three A three seven to
one three talk seven one three eight two five five. Okay,
so I got Mark krainakt with me. If you're streaming,
I got a wide shot here. Mark is an attorney
I've known for seventeen eighteen years. He's been on Referless
referri list dot com and we've done a number of
things together, and he does a criminal defense. Part of

(01:31:23):
that he deals with restraining orders. He says, Tom, there's
a problem with restraining orders. They give him out like candy,
and I find a lot of people being taken advantage of.
So Mark, let's talk about the issue restraining orders.

Speaker 6 (01:31:39):
What does xparte mean when.

Speaker 5 (01:31:41):
You somebody goes out and gets a restraining order against you.

Speaker 21 (01:31:45):
Yeah, So the way the civil protection order legal proceeding
works is someone goes to the courthouse on their own,
so there's no law enforcement in all. For example, goes
to the court US on their own and they make allegation.
What it's called X party.

Speaker 5 (01:32:02):
X party is this legal other party doesn't have to
be there exactly.

Speaker 20 (01:32:06):
It's legal mamba joma, meaning they're doing it on their own.

Speaker 21 (01:32:08):
So the allegations are reviewed by the judge based upon
the person seeking the restrained order just those allegations. So
then judge decides whether to issue a temporary.

Speaker 20 (01:32:23):
Protection order based on those allegations.

Speaker 21 (01:32:26):
And typically you know, if you make the right allegations,
someone's going to get the TPO issued.

Speaker 6 (01:32:31):
And then, in fact, I've never heard of one being
turned down.

Speaker 21 (01:32:35):
They're probably highly unlikely to be turned down, you know,
provided that the person makes the allegations that you know
they're they're being stalked or threatened or harassed or something
like that.

Speaker 5 (01:32:46):
And a lot of times, though let's just say it
like it is, because we've had these cases on the show,
a lot of times people lie to get them or
they exaggerate.

Speaker 21 (01:32:57):
Suffice to say that there has to be I am
certain that there are situations where.

Speaker 20 (01:33:04):
Allegations are at.

Speaker 21 (01:33:04):
The very least embellished, right, there are certainly out situations
where they're outright lies told. And so that's the purpose
of the next step in the proceeding is there isn't
evidentiary hearing that occurs very quickly, within a couple of
weeks or so.

Speaker 6 (01:33:20):
Okay, So so.

Speaker 5 (01:33:21):
When they get a temporary one, it's only temporary.

Speaker 20 (01:33:25):
It's only temporary.

Speaker 21 (01:33:26):
And then that TPO is served on the respondent, the
person who is the subject of the allegations, okay, And
then and then you get a you do get an
evidentiary hearing, and so at the hearing. You know, that's
where the respondent, the person who's being accused, shows up
and and you know, you get there's it's a full
evidentiary hearing, you know, witnesses, documents, video, so that.

Speaker 5 (01:33:50):
How many of the people who get a temporary restraining
order seek to make it permanent?

Speaker 6 (01:33:57):
Do they all? Do they show up to their own
here ring to make it permanent?

Speaker 21 (01:34:02):
I mean, that's the purpose of the evidentiary hearing is
to determine whether or not the TPO should be morphed
into a permanent protection order.

Speaker 20 (01:34:12):
Okay, okay, So that's what the judge has to decide.

Speaker 21 (01:34:14):
And there's a two part analysis that the court's going
to make, and it is a court, there's no jury trial,
it's a judge. The first part of the analysis is
quite simple. It's like, are the allegations that are here
too for been made by the petitioner, the person.

Speaker 20 (01:34:26):
Seeking the TPO?

Speaker 21 (01:34:28):
Are they sufficient to establish that the that the responded,
you know, misbehaved. It's something justifying the issues of the TPO.
That's the first step. And you know, since the judge
has already issued the temper of protection order, that's typically
you know, I mean that's that's they've already made kind
of a preliminary decision about that.

Speaker 6 (01:34:49):
But you know what if it's.

Speaker 5 (01:34:50):
Based on lies or exaggerations, well, that's it.

Speaker 21 (01:34:53):
I mean, you know that the you know what what
if the what if the respondent comes in and and
you know, presents evidence undermining the allegations in the application
for the TPO. Well that's where you start to get
into a possibility of a frivolous case. But let me
get back to the procedure of two part analysis. So
the second part of the analysis in the EVIDENTI you're

(01:35:14):
hearing is is the misbehavior of the respondent likely to
continue into the future unless the TPO is transmitted or
morph transfer into into a permanent in other words, So.

Speaker 5 (01:35:30):
In other words, am I is this guy likely or
this guy likely to continue the bad behavior?

Speaker 6 (01:35:36):
So that's an important aspect.

Speaker 5 (01:35:37):
So the first one is something wrong did happen? The
second one is will it continue to happen?

Speaker 6 (01:35:43):
Exactly?

Speaker 21 (01:35:43):
Yeah, And so let's assume that the respondent prevails at
the EVIDENTI you're hearing, the judge decides, okay, I for
either one of the two prongs, I'm not gonna make
this permanent. Well, that could subject to the petitioner to
civiliability for essentially filing a frivolous claim up to seeking

(01:36:08):
the protection or when I see civil liability, I'm talking
about malicious prosecution, abusive process.

Speaker 5 (01:36:15):
What if something really did happen that threatened the petitioner
and the petitioner wants a protection order, but a permanent
one is not issued because they both feel like.

Speaker 6 (01:36:28):
Well, maybe it won't continue.

Speaker 5 (01:36:30):
That's not frivolous because that was done based on a
real action, right.

Speaker 21 (01:36:35):
Yeah, that's a very interesting nuanced question and the the
I think that what you'd have to do a lawyer
in terms of pursuing a petitioner for a frivolous claim
is you really have to drill down into the specific
facts the evidence that was alleged initially to get the TPO.

Speaker 20 (01:36:54):
And there is evidence.

Speaker 21 (01:36:55):
Because it's a soorn, it's a sorts verified completing. And
then the evident there was marshall to presented at the hearing,
and I think what you're going to want to do
is look at both of those to determine whether or
not there were.

Speaker 20 (01:37:10):
Frivolous allegations that were made.

Speaker 6 (01:37:12):
That's a very interesting.

Speaker 5 (01:37:13):
Question like if you had if you had a neighbor
you had an argument with, and you have a woman.
This happened on a show where somebody said, my neighbor
was threatening to me.

Speaker 6 (01:37:23):
He scares me.

Speaker 5 (01:37:24):
She went and got a TPO, a temporary protection order,
so that neighbor couldn't come within so many feet of
her and couldn't talk to her, couldn't write to her,
couldn't text her. And then she wanted to make it permanent.
But couldn't a judge say grow up, you know, I mean,
couldn't a judge literally say, look, this is not enough
to curtail his freedom.

Speaker 6 (01:37:45):
You know, sure he did it, he's sir. Are you
sorry for it? Yes? I am. Are you going to
continue this? No, I'm not. Is it possible a judge
will just say, look, you.

Speaker 5 (01:37:55):
Got your temporary there's no reason to make it permanent.

Speaker 6 (01:37:58):
Yeah? I think so.

Speaker 21 (01:38:00):
And that's I think where that second prime of the
analysis comes in. And and I do believe what you're
driving at is, you know, how serious are these allegations?
I mean, is this person really a threat to you know,
to the respond in the future. And I believe that
the that the court as a practical matter is going
to valuate it just as what you're driving at, which
is to some extent, like, you know, are we talking

(01:38:22):
about minor allegations here or is this person seriously a creepy?

Speaker 6 (01:38:26):
Does it have to be life threatening or just safety
threatening or what?

Speaker 21 (01:38:30):
Yeah, that's you know, there's there's actually specific things that
that that are are you know, are subject to this.
So for example, stocking as the criminal definition of stocking, harassment,
that sort of thing. But you know a lot of
that stuff can get as you're saying, it's could be
a little vague depending on the on the show.

Speaker 5 (01:38:51):
When would I say, judges give out temporary orders like candy,
How about the temporary ones that are made permanent? Is
that a large percentage, do you think? Or a smaller percentage?
That's hard to say.

Speaker 6 (01:39:04):
I don't.

Speaker 21 (01:39:05):
I would like to know what the answer to that
question is. In other words, how many people are going
down of the courthouse and getting temporary protection orders that
don't result in a permanent order. I don't know what
the answer does. Yes, Yeah, I really don't. I'd like
to know what the answer does. Yes, So let me
answer another question. Then, if someone doesn't.

Speaker 5 (01:39:23):
Show up at the evident you're hearing and they have
a temporary restraining order against them, does the judge automatically
make it permanent? Do you get a default judgment against
you if you don't show up? Does it turn out
that you're going to have a protection order against you?

Speaker 21 (01:39:39):
Well, I think if the petitioner doesn't show up, it's
probably going to be dismissed, assuming that the respondor shows up,
or even maybe if both of them don't show up,
it probably will would be dismissed.

Speaker 6 (01:39:50):
But what if the what if I have.

Speaker 5 (01:39:52):
A restraining order against me a TPO, Yes, a TPO,
it's temporary, and then I don't show up to the
hearing to make it permanent.

Speaker 21 (01:40:01):
I think that's, like Bobby, much more likely that the
petition is going to prevail and it's going.

Speaker 20 (01:40:07):
To be made permanent.

Speaker 21 (01:40:08):
If you're the respondent, you could serve the TPA you
have noticed of the hearing, you don't show up at
the hearing.

Speaker 5 (01:40:13):
We've had plenty of cases where people didn't show up,
they didn't know what to do, they couldn't afford an attorney,
and now they ended up with a permanent restraining order.
So my question is going to be coming back. How
do you get rid of one once they are issued?
Are they truly permanent or can they be removed? All
of that coming up on the Troubleshooter Show three zero
three seven one three eight two five five.

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Speaker 6 (01:41:31):
You don't pay a cent until you're content.

Speaker 5 (01:41:36):
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. Hi Tom Martine here

(01:42:02):
three oh three seven to one to three talk three
oh three seven one three eight two five five more
on restraining orders in a minute. Jeff, though, wants to
talk about an HOA. Go ahead, Jeff. By the way,
we've even had restraining orders put on by HOA members
against certain residents. We've listen, I've seen all kinds of
restraining orders.

Speaker 6 (01:42:22):
Hey, well, what are you talking about, Jeff with your HOA?
What's going on?

Speaker 22 (01:42:27):
Well, what we got going on is there's there are
town homes in Aurora, and there's I think ten of
us that bought our houses after a hailstorm damaged to
the roof. Yes, HOA is trying to charge us for
the damage to the roof when there was no disclosures
made when we purchased our houses. There was no no

(01:42:49):
nobody told us anything about damage. I wouldn't have bought
mine if I knew I was gonna have to pay
ten thousand.

Speaker 6 (01:42:54):
Dollars shortly after I bought.

Speaker 5 (01:42:56):
You know, this is an interesting topic. This is an
interesting time because if it was a private home, you
would get a disclosure statement that shows that where they
would have to disclose this. So what kind of disclosure
statement we should talk about?

Speaker 6 (01:43:12):
This? This is a this is an odd one.

Speaker 5 (01:43:15):
Did you get a disclosure statement when you were negotiating
to buy this?

Speaker 22 (01:43:21):
I did get a disclosure statement from the previous owner.

Speaker 6 (01:43:25):
And was there any did it ask about? Did it
ask about the roof?

Speaker 22 (01:43:31):
It specifically asked about damage to the roof or any
structure to the building. And the answer to that question
from the previous owner was.

Speaker 8 (01:43:38):
No damage, okay, And in that case seven months.

Speaker 22 (01:43:43):
This was seven months. The hailstorm to damage the roof
happened in May of twenty twenty four. I bought the
place in December of twenty twenty four, so it was
seven months later. Do you think the seller doing the
work they're trying to adjust for it?

Speaker 5 (01:43:59):
Jeff, Jeff, do you okay? You got two issues here?
Let me clear up one of them for you, okay,
and you're not going to like it, but let me
clear up the one and then I think you have
some recourse first and foremost, if you are the owner,
you are responsible for assessments period.

Speaker 6 (01:44:18):
Okay.

Speaker 5 (01:44:18):
Now the question is should you be responsible for that?
I think that it should have been disclosed to you,
and so you don't.

Speaker 6 (01:44:27):
The issue is really not with the HOA.

Speaker 5 (01:44:29):
They had no responsibility to chase you down and to
tell you anything about the roof, none at all. All
they did was transfer it from one guy to another
as part of an HOA member. The fact that they're
putting on a roof and there are assessments that you know,
and I try to tell this to people. They don't

(01:44:51):
make money putting assessments on there is to get the
roof done. But you definitely have recourse against the previous owner.

Speaker 6 (01:45:00):
You really do, and we need to talk about that.

Speaker 5 (01:45:02):
That is a serious non disclosure issue.

Speaker 6 (01:45:06):
Do you think the owner knew about it? Did he
know about the hell damage?

Speaker 5 (01:45:14):
That's a simple yes or no, So we need to
talk about it. 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. Plead time for an insurance
check up free, no obligation. In comparison, call Compass Insurance
paying too much your coverage at dozens of insurance companies

(01:45:37):
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 rip.

Speaker 1 (01:46:00):
So you don't have.

Speaker 3 (01:46:03):
Come run in as fast as we can.

Speaker 1 (01:46:06):
Shooter's gonna help come.

Speaker 4 (01:46:09):
Man Dix is the Troubleshooter Show. No Tom Martino for picture.

Speaker 23 (01:46:16):
Hi Tom Martino here, Welcome to the show. Three oh
three seven one three talk three O three seven one
three eight two five five. Okay, we've been talking about
all kinds of things today, my god, everything from moving
scams to restraining orders, to sprinkler systems to whatever's on

(01:46:37):
your mind.

Speaker 5 (01:46:37):
So let's do it and let's see. Do we have
any calls? Yes, Jeff wants to talk about this ha issue.
Jeff's got a really really important issue here. I'd love
to run run by Brad O'Brien, a real estate attorney,
we use as our expert O'Brien legal services. Brad, this
is an interesting one. I'm gonna run it by you, Okay.

(01:46:59):
So Jeff contracts to buy a town home, not a
single family home, but a town home. He gets the
disclosures as required by law or by whatever it is,
and he gets these disclosures and specifically where it asked

(01:47:20):
about the roof, it said.

Speaker 6 (01:47:23):
What Jeff, no damage? No damage.

Speaker 5 (01:47:29):
So he bought a town home and little did he know,
but four months prior to him buying there was a
major hailstorm. Now, oh, seven months, seven months prior. Okay,
got it, sir, seven seven months prior there was a hailstorm.

(01:47:51):
But at the time he bought it, it was not
disclosed to him. Now he is being assessed ten thousand
dollars as his part for roof replacement. He said, had
he known, he would have never bought it. Now, what
the hell does he do? I think he's been wronged, Brad.

Speaker 6 (01:48:14):
What do you think?

Speaker 24 (01:48:16):
Well, a home seller is obliged to disclose defects that
they actually know about, and that's the crux of these
these disputes. Can you prove that the seller had actual
knowledge that this roof was damaged.

Speaker 7 (01:48:28):
If you can, okay, then then.

Speaker 24 (01:48:30):
The buyer should be able to recover under the real
estate contract, the purpose in sale contract, which does have
provisions in there that the seller has to disclose defects,
and I don't think can be held liable for damages.

Speaker 5 (01:48:45):
Now now, Brad, the HOA does not have any obligation
to him, do they No, that's okay?

Speaker 22 (01:48:53):
It was going to interjection in here, go ahead, Jess.
The by laws of the HOA states that any damage
that's done on common property is required to be disclosed
to the homeowners within thirty days of notice of the damage,
and the HOA that the property management company did not

(01:49:14):
do that, and even admitted that there's a possibility that
the homeowner previously didn't know because their guy that they've
sent fired dropped the ball and didn't follow the HOA.

Speaker 6 (01:49:26):
By oh my god, that adds a wrinkle.

Speaker 5 (01:49:30):
So if the HOA did not did not follow its
own guidelines and the owner the seller did not know,
then what happens, Brad?

Speaker 6 (01:49:41):
What do you think?

Speaker 24 (01:49:42):
Well, that's a different question. It's not about the disclosure
that a seller owes to a buyer. It's the disclosure
that the h UA oes the under the declaration, its
declaration to the owner of the unit.

Speaker 7 (01:49:54):
So if the Hua didn't.

Speaker 24 (01:49:56):
Give notice to the unit owner at that time, then buyer.

Speaker 6 (01:50:00):
Jeff would would.

Speaker 24 (01:50:02):
Be able to pursue that even though he because he's
a successor.

Speaker 8 (01:50:04):
To the owner who who.

Speaker 24 (01:50:06):
Should have received notice, you know, six months ago.

Speaker 5 (01:50:09):
So I mean, so would the h o A be
responsible for him for not disclosing the damage?

Speaker 24 (01:50:16):
Well, there's two separate things. Uh, did they disclose what's
the what's the consequence of that? But even if they had,
even if they had disclosed it, the owner of the
you know, is still gonna be liable for the special
assessment that's going that just passed.

Speaker 5 (01:50:32):
Now I get that Jeff, who bought the unit, is
going to be responsible for that special assessment.

Speaker 6 (01:50:38):
We understand that.

Speaker 5 (01:50:40):
But can he make the argument that the negligence of.

Speaker 6 (01:50:44):
The h o A cost.

Speaker 5 (01:50:47):
Him this money because he wouldn't have bought it otherwise.

Speaker 24 (01:50:52):
Well, this is not a negligence case. This is this
is about a duty under the covenant. And I think, okay,
the economic lass rules could borrow any negligence claims here.

Speaker 5 (01:51:01):
Well, what I said by negligent and what I meant
was they didn't do what they were supposed to do.

Speaker 24 (01:51:06):
Yeah, if they hit it, it has a very unusual
provision that I've not come across where a declaration says
HOA has to disclose defects within a certain amount of
time to the owners. I can't call ever seeing it.
So I just I don't know the consequence of what
happens that they didn't.

Speaker 5 (01:51:22):
Do that, right, So, Jeff, did you see the bylaws?
Did you read where it said that the HOA was
supposed to give notice?

Speaker 6 (01:51:31):
Yeah?

Speaker 22 (01:51:31):
I personally read where it says that the HOA and
property management company are required to give notification to all
homeowners within thirty days of notice of any damage of
common property.

Speaker 6 (01:51:46):
Okay, Jeff, did you did you talk?

Speaker 5 (01:51:50):
It sounds to me walked to the seller and the
seller said, hey, I didn't know about it.

Speaker 22 (01:51:59):
No, I have not gotten to that point. I don't
even know how to get in contact with the seller.
They don't live in Colorado. They had when they owned it,
they had it as a rental.

Speaker 5 (01:52:10):
Oh, even more reason. They could say they didn't know
about it. But when they don't know about it, they
should say they don't know about it instead, of just
saying there's no damage.

Speaker 6 (01:52:20):
I don't know. I mean, wasn't.

Speaker 5 (01:52:21):
There a place to put yes, no, or I don't know.

Speaker 22 (01:52:27):
Oh yeah, it's specific doesn't have a box check that
specifically says no damage bred on my buyer's contract that
says no damage on the roof.

Speaker 24 (01:52:40):
That might be you might have an argument that has
a covenant that that's a representation by the seller to
you that you relied on. I mean they affirmatively.

Speaker 8 (01:52:49):
Went out of their way to say there's no damage.

Speaker 7 (01:52:50):
To the roof.

Speaker 24 (01:52:51):
That could be something that you relied on to your detriment,
and you may be able to everyone against the cellar.

Speaker 5 (01:52:59):
Now let me ask you something, Jeff, you said there
were some other owners this happened to as well.

Speaker 22 (01:53:05):
Yes, I believe there's ten of us that bought that
bought our houses after the hell, after the hailstorm and
that And were.

Speaker 6 (01:53:15):
Did they say this? Did they do? Their sellers say
they didn't know about it.

Speaker 22 (01:53:20):
Their sellers say the same thing that they didn't know
about the damage.

Speaker 7 (01:53:25):
And I talked to it.

Speaker 22 (01:53:28):
We had an initial Initially we had a property manager
that I never got a chance to talk to, but
they fired him because he was doing such a crappy job.
And I talked to his replacement, and his replacement told me, no,
you're not. I have a letter from her saying I'm sorry.
I told I know, I told you weren't going to

(01:53:48):
be responsible for this, But I was wrong because she's
the one that told me this guy dropped the ball
across the board, and there's a chance that the people
didn't know about it because he didn't follow the bylaws
and notify everybody when he was supposed to.

Speaker 6 (01:54:05):
Listen, Jeff, obviously.

Speaker 22 (01:54:07):
Of the HOA property manager.

Speaker 5 (01:54:10):
Jeff, obviously, you know, the HOA itself is is going
to have to I mean they they're going to assess
you for this. I mean, this is going to be
a major problem. What you have to do, I think,
is go after the seller. If the seller specifically said
no damage they made, did they put that on the

(01:54:33):
contract or on the actual disclosure.

Speaker 22 (01:54:37):
It's in my buyer's contract?

Speaker 5 (01:54:41):
Really, how is it written in your buyer's contract?

Speaker 22 (01:54:48):
Maybe I don't. It might be in the disclosure page
of the contract, but it's part of my my package.

Speaker 6 (01:54:55):
From was there on this disclosure sheet?

Speaker 5 (01:54:58):
On there on the disclosure sheet, was there a section
he could have checked a box that said no.

Speaker 6 (01:55:05):
Yes.

Speaker 24 (01:55:06):
I don't know, Tom, I can answer the current disclosure
form only has a yes box.

Speaker 7 (01:55:13):
Years ago, I used to have a yes in a
no box.

Speaker 8 (01:55:16):
And if it checked no, at the time, it wasn't likely.

Speaker 24 (01:55:18):
To give a buyer a recourse to rely on that
as a disclosure that or covenant or warranty that there's
no damage.

Speaker 5 (01:55:28):
So it only has a yes on there currently Yes. Jeff,
do you have the contract in front of you.

Speaker 22 (01:55:38):
I I'm driving down the road.

Speaker 8 (01:55:42):
Okay, I do have it.

Speaker 22 (01:55:44):
I know right where it is, and and and to.

Speaker 5 (01:55:48):
Your knowledge, they actually wrote in there no damage.

Speaker 22 (01:55:58):
To the best of my knowledge, Yes, I've gone over
the contract and the disclosures with my realtor since all
of this started, and she just said they did not
disclose anything. They said nothing. They said no on everything
as far as damage.

Speaker 6 (01:56:15):
Hey, Jeff, could you do us a favor.

Speaker 5 (01:56:16):
We're not going to We're not going to get anywhere
right now, We're not. I need you to send us
that contract.

Speaker 6 (01:56:24):
Okay, I want to.

Speaker 5 (01:56:26):
I want to have a look at it, and then
you know, and you may need a real estate attorney.

Speaker 6 (01:56:31):
I'm serious. You may need someone.

Speaker 22 (01:56:36):
And all the couple, and they all say the same
thing that you said. Well, you're going to have to
pay it because you were living in it.

Speaker 6 (01:56:43):
No, no, no, okay, Jeff. It's not an issue of
whether you have to pay it. You're the owner and you're.

Speaker 5 (01:56:49):
Responsible for it that that's not the issue. The issue
is can you go after someone for damages? That's the issue, right, Okay,
So what they told you is correct. You're going to
have to pay the assessment and then you're going to
try to go after somebody for the damage because what
you're saying is you would have never.

Speaker 22 (01:57:09):
Bought it, right, I would have never bought it if
I knew because I bought it it, or.

Speaker 5 (01:57:16):
Or you would have negotiated a better price or something
if you knew you had to pay ten grand, Right,
that's exactly. If you knew you had to pay an
extra ten grand, you would have done something about it.

Speaker 6 (01:57:28):
I totally believe you. That is a believable argument.

Speaker 5 (01:57:33):
But right now, you really need to send the contract
and then see if you have a case against the seller,
and you're going to have to hunt down the cellar.

Speaker 22 (01:57:49):
Where would you like me to send it to?

Speaker 6 (01:57:51):
I'm going to push you on hold. Thank you, Brad O'Brien.

Speaker 5 (01:57:55):
By the way, O'Brien Legal Services seven to zero three
seven zero seventy three eighty eight. Tell them where to
send that contract so we can get a look at it.
And then I want you to give it straight to
me Kachina so I can see it.

Speaker 6 (01:58:09):
I'm Tom Martino. We have more coming up.

Speaker 5 (01:58:16):
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,
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of insurance companies find out now three oh three seven
seven to one help. You'll think you're his only customer

(01:58:37):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martino,
you're troubleshooter three o three seven one three eight two
five five. So let's talk to uh Maria.

Speaker 6 (01:59:00):
What's going on?

Speaker 16 (01:59:03):
Well, good afternoon, Tom, Hey, what's happening? I'm calling for
my friend, my veteran friend Mary. We're both veterans and
I help her out. So this is what's been happening
with her. She has she's disabled, she's a veteran, and
our TV assess the ride has been giving her ubers

(01:59:28):
and lift free just to go to her doctor's appointments, okay,
for two years now. So now she's bounced because they're
charging her, which is okay, but it says when she
books it on her app zero like she's been doing
it for two years, so it says zero.

Speaker 12 (01:59:50):
Zero that means but the uber.

Speaker 16 (01:59:52):
Drivers don't know, but it comes out zero and.

Speaker 2 (01:59:54):
She doesn't get charged.

Speaker 16 (01:59:56):
So now she's getting charge and she keeps calling RTD.

Speaker 6 (02:00:00):
Why why is.

Speaker 5 (02:00:01):
She getting charged? Why is she getting charged?

Speaker 6 (02:00:04):
Now?

Speaker 16 (02:00:06):
We don't we don't know why. But now we're calling
accessoride and they're giving her some phone number and the
phone number just goes wink it just they don't answer,
and then it still says zero when she you know,
assigned for these rights to go, you know, to go
get her like she tried today to go get her
flu shot at the you know, the VA, and it's

(02:00:29):
always been free and now all of a sudden she's
getting this. So all we need to know is if
this program stopped, why is she hasn't gotten a letter?
And why aren't they answering the phone? And she has
a card that says RTD with her name on it,
Accessoride with with all these phone numbers, and we're calling
them and she's it's it's not And we heard something

(02:00:53):
on nine news but we didn't catch it on time
to see did they stop this program? But it's still
showing free right, what was the program?

Speaker 5 (02:01:02):
What was the program called? Are you talking about just
as cessor ride?

Speaker 25 (02:01:06):
Yeah, it's called access Ride and she has but a
cess ride used to be a cessor ride, used to
be a van or a pickup and delivery for medical reasons.

Speaker 5 (02:01:17):
And you said they switched to Uber vouchers.

Speaker 16 (02:01:21):
Yes, yes, and she's been doing it for two years
and so now she's getting her bank statements and I
mean it's like to the VA and back with twenty
two dollars and she's just like she she can't afford it,
she can't afford it, and we don't know.

Speaker 5 (02:01:37):
No, I remember I remember assessor Ride, So I don't
think a cessor ride was to say was discontinued. We'll
look into it though, Hey, Deputy Day Deputy D.

Speaker 6 (02:01:52):
Could we look into it for this lovely woman. Yeah,
you know what, let me.

Speaker 5 (02:01:55):
I'm going to put Deputy Dimitri on it to look
into it and see what through Murrie, would you please
leave your name excuse me, leave your her name too,
and your name with uh with Kachina and let's get
her number Kachina and give it to Deputy D.

Speaker 6 (02:02:12):
There's something else. How is going on? How is Uber
getting access to her bank account?

Speaker 20 (02:02:17):
Does she have some kind of a link between Uber
and her bank account?

Speaker 5 (02:02:20):
How has she been charged by the way if it
was free before? Well, okay, she's on hold, hold on,
we'll figure that out. That's one thing you can ask.
I don't know, actually that that's a very good question,
thank you. How did they charge it to begin with?
If they never had access to it? I wonder if
she had to put in her credit card and all that,

(02:02:41):
but then it was then it was it was paid
by a cessoride.

Speaker 6 (02:02:46):
Maybe that's what happened. I don't know. Yeah, I'll find
out when I call the caller.

Speaker 5 (02:02:49):
And if anyone else knows about this accessoride, let us know.
Three three seven one three talks seven one three A
two five five So, as we were talking about with
Mark Kraanak, what is okay so somebody gets a protection
order and then the temporary orders turns into a permanent
order or not. How have you been getting involved or

(02:03:11):
what do you feel is the problem where you can help?

Speaker 6 (02:03:14):
Let's just talk about that part. Well.

Speaker 21 (02:03:17):
I mean I can help either a petitioner or a
respond And I can help a petitioner get a legitimate
uh you know, protection order both a TPO issued and
and and the permanent or I could help a respond
to defend one of them, particularly if they think, you know,
it was frivolous on the back end, As I said,
if if a petitioner commences a what's essentially a frivolous action,

(02:03:40):
particularly if there's a big disconnect between the allegations that
were made to cause the issuance of the TPO and
the evidence presented by the petitioner at trial. If there's
a big disconnect between those two, the petitioner could potentially
be subject to civil claims like what like literally damages,

(02:04:03):
malicious prosecution, abusive process, extreme and outrageous conduct.

Speaker 5 (02:04:07):
Because I think a lot of people don't understand that
that they because a lot of people have gotten these
protection orders, I think, and they've been ill gotten, they've exaggerated,
they've done whatever they could to get it, and they
don't have the evidence to make it stand up. And
you're saying, in those cases, the person who the restraining
order was against has civil remedies against.

Speaker 20 (02:04:33):
Civil claims on the back end.

Speaker 26 (02:04:35):
Like what Well, like I said, malicious prosecution, what would
alicious malicious prosecution get the respondent if, in fact, let's
just say it was frivolous, what can they get?

Speaker 6 (02:04:47):
Can they get monetary damage, money damages?

Speaker 21 (02:04:50):
Yes, and then yes, money damages, potentially potentially punitive damages,
you know, general damages. You know, if the purpose of
what we're talking about here, Yes, you can get money damages.

Speaker 20 (02:05:02):
Against the person who did it. Yeah.

Speaker 5 (02:05:06):
This happens a lot in divorces too. It happens in
the context of all sorts of.

Speaker 21 (02:05:12):
Things, including you know, disputes between for example, neighbors. Yes,
you know, there could be a situation where there's a
condominium building and there's you know.

Speaker 20 (02:05:22):
Water leaking down from one unit, like just.

Speaker 6 (02:05:24):
A run of the middle.

Speaker 5 (02:05:26):
Yeah, people get upset with each other, and restraining orders
have become quite common.

Speaker 20 (02:05:30):
They can become quite.

Speaker 21 (02:05:31):
Common, and I think that the petitioners who seek these
don't realize that there's potential liability and probably with the
respondess don't easier.

Speaker 20 (02:05:39):
In other words, if your petitioner and your neighbor is just.

Speaker 21 (02:05:42):
Bothering you, for example, well then you can just you're
just going to run down to the courthouse and and
get some you know, make frivolous allegations, get the TPO issued,
and you know, with no ramifications. I think people think that,
and so I could you know, assist with with all
of that.

Speaker 5 (02:05:59):
So if you've ever and what Mark is saying is
if you've ever been the subject of a restraining order
and you think they exaggerated or lied about it, you
got to you got to respond to it. You got
to respond to it, and then you could actually have
action against.

Speaker 6 (02:06:15):
The person who took it out.

Speaker 20 (02:06:16):
That's correct. Yeah, you probably have to.

Speaker 21 (02:06:19):
You almost certainly are going to have to have prevailed
at sure evidential rehearing.

Speaker 20 (02:06:25):
In the sense that.

Speaker 21 (02:06:26):
The TPOs vacated and the permitive protection was not issued. Otherwise,
I mean, obviously, if the petitioner gets a permanent protection order,
you know, the rest there.

Speaker 6 (02:06:34):
Was enough evidence, there's enough evidence.

Speaker 21 (02:06:36):
Yeah, the judgement evidence you termination, you're gonna have no claims.

Speaker 5 (02:06:38):
But I would love to know the stats on how
many people get temporary orders and then never turn them
into permanent because they don't have the evidence.

Speaker 21 (02:06:47):
I would like to know that too, and I don't.

Speaker 20 (02:06:48):
I don't know what.

Speaker 5 (02:06:49):
By the way, if that's happened to you, you might
want to call us and and will forward you to Mark.

Speaker 6 (02:06:54):
Because really, truly, if you had a.

Speaker 5 (02:06:57):
Temporary restraining order put out against you and it wasn't
turned permanent, maybe you have action against that person. And
sometimes it can cost people their jobs.

Speaker 21 (02:07:10):
Well, here's a very interesting scenario that I'm just going
to lay out there. Supposed to somebody against a temporary
protection order issued and they either the petitioner then doesn't
shrugg for the evident you're hearing, right, and so then
the TPO is vacated, permanent is not issued. Right, the
respondent's got a problem from their record because that TPO,

(02:07:31):
notwithstanding that the TPO was vacated, is on their records,
on their.

Speaker 20 (02:07:35):
Record, the question, and because all of the record.

Speaker 21 (02:07:37):
Sealing statutes in college, like I suspect, in most states
deal with sealing criminal records.

Speaker 20 (02:07:43):
But what are we talking about it. We're not talking
about criminal matter. This is a civil matter.

Speaker 21 (02:07:47):
And the if you look at this, so the record
sealing statutes don't technically apply to this.

Speaker 20 (02:07:52):
So that's a real problem that the laws.

Speaker 6 (02:07:54):
So somebody who a neighbor.

Speaker 5 (02:07:57):
Who's pissed off at you, or someone at work, or
someone in a condo building or someone if they put
a temporary on you 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,
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(02:08:19):
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.

(02:08:45):
Hi Tom Martino, you're troubleshooter three oh three seven one
three talks seven one three eight.

Speaker 6 (02:08:50):
Two five five.

Speaker 5 (02:08:51):
So we talk about restraining orders and some of the
problems that come up with restraining orders, and I want
you to contact us help at troubleshooter dot com at
this come up.

Speaker 6 (02:09:00):
We're also talking.

Speaker 5 (02:09:01):
About another thing and uh and that has to do
with AI and police reports. But first I want to
take Kyle. As I said, phone calls get priority. Kyle,
what is your comment on rt D? Does this have
to do with the assessor ride?

Speaker 19 (02:09:21):
It does?

Speaker 5 (02:09:22):
They?

Speaker 14 (02:09:22):
I saw a thing on YouTube this morning. They are
cutting They are cutting funds for accessor ride for all
across the board to help fund other projects.

Speaker 6 (02:09:32):
Is that just in Colorado?

Speaker 14 (02:09:35):
That's just in Colorado right now? I post, I pasted,
I posted the link to on your YouTube channel.

Speaker 6 (02:09:42):
Oh good, okay, I'm gonna go look at it. Thank you.
So they.

Speaker 5 (02:09:48):
We're doing this, Why the hell are they doing it?
What did they say?

Speaker 14 (02:09:53):
Was it is to you know, spread the funds out
to other things, So they're like a people that they
use it for disabilities and you mentioned the uber and lyft.

Speaker 5 (02:10:09):
That's gonna suck for people. Yeah, we'll look into it further.
But thank you for letting us know that. Really, Kyle,
I mean that sucks. So I wonder you know, listen
this this really our funding is going for all kinds
of different purposes. I won't tell you what they are,

(02:10:30):
but you can read between the lines. We are a
sanctuary state and a sanctuary city. And I don't care
what you say, but all of these extra costs have
to come out somewhere. I mean, come on, look at
what the mayor, the idiot mayor of Denver has been doing,
laying off people so he could support his sanctuary stance.

(02:10:52):
That's really what he's doing. I don't give a crap
what you say. That's what's happening. He's running out of money.
I don't mind people. You know, what they should do
is put their money where their mouth is. Why don't
they Why don't they help pay for it? I want
to talk about AI. Are you telling me you mentioned

(02:11:16):
AI is actually taking footage from the cameras, the body cams.

Speaker 6 (02:11:25):
They're taking from the body.

Speaker 5 (02:11:26):
Cams, and they are letting AI write police reports.

Speaker 20 (02:11:32):
That is correct.

Speaker 6 (02:11:33):
So the AI right here in Colorado.

Speaker 21 (02:11:35):
Yeah, Westminster, and I believe they're doing up at Boulder too,
and presume elsewhere.

Speaker 6 (02:11:40):
So how does that work?

Speaker 5 (02:11:41):
So if someone gets arrested, the police report is written
by AI.

Speaker 21 (02:11:46):
Yes, and so the the body came audio videos on
and so the AI takes the data, the information from
the from the body, from the body came out of
video plus GPS plus GPS, and rafts an initial draft
of the report like on such and such a date,
at such and just location officers, so and so.

Speaker 6 (02:12:08):
You know that it literally the whole report. Now the
the how do they get the guy? How do they
get the subject's name?

Speaker 21 (02:12:16):
I don't know that technical okay, but what they do do,
apparently what the software does, the AI does it puts
these things called easter eggs in the draft of the report,
meaning the police officer has to go back and review it,
and it's going to put things in the report that
are completely nonsensical on purpose, on purpose, so that thus

(02:12:38):
forcing the officer to go through it's going to show
that there's no easter eggs. Therefore he must have read it.
Because I suppose an obvious problem here is if you're
just going to rely exclusively on the AI drafted report,
it's going to look so good when it comes out,
you know, off the press initially, that you might even
not even bother to hardly review it at all.

Speaker 5 (02:12:56):
Now, are do you feel like the AI generated these
reports might violate some rights?

Speaker 21 (02:13:03):
I think there's gonna be a lot of issues in
the law courts over evidentiary issues and all sorts of things.
As an initial matter, let's just think about this.

Speaker 16 (02:13:13):
What do you want?

Speaker 21 (02:13:13):
You want a final draft of the port to accurately
reflect factual information, right right? And so the problem with
AI right now is the question is is it up?
Is it technically sufficient enough right now to be relied
on in that regard, so to draft legal pleadings.

Speaker 20 (02:13:34):
AI is not sufficient to do this.

Speaker 21 (02:13:37):
It's been repeatedly demonstrated if you're going to try to
draft a legal pleading, which sites.

Speaker 6 (02:13:41):
Loss sucks when you guys try to use it for that.

Speaker 21 (02:13:44):
Oh yeah, there was just lawyers up at federal court
here in Colorado that got sanctioned for relying on you know,
AI to draft stuff to file in the court. And
there was Alabama lawyers got in big trouble too for
the same thing.

Speaker 6 (02:13:56):
It's it's rampant.

Speaker 21 (02:13:57):
So the point is what the point is the AI
is not technically up to speed for that task at
least Therefore, you know, one could infer perhaps that at
the present time at least you know, how sophisticated is
it to draft the police report I don't know what
the answer to that is, but that's my initial common

(02:14:17):
sensical observation and concern.

Speaker 6 (02:14:21):
Yeah.

Speaker 5 (02:14:21):
Of course, so if someone is arrested, the police report
could be inaccurate, I mean, bottom line.

Speaker 20 (02:14:27):
Yeah, that's exactly right now, Because.

Speaker 5 (02:14:29):
I've seen AI sometimes come up with all kinds of crazy,
crazy narrations when I ask it a question. Sometimes it's
right on, yeah, exactly. I don't know what causes it
sometimes to go off the deep end.

Speaker 6 (02:14:42):
Yeah.

Speaker 21 (02:14:42):
They call it hallucination, and I'm not sure it has
to do with the way the AI is designed to work,
but it's not.

Speaker 5 (02:14:50):
Do you see a scenario where a police report could
have been written by AI that's inaccurate, It reflects badly
on the subject, and therefore, in a month month or so,
when it goes to court, they're relying on this report.

Speaker 21 (02:15:03):
Absolutely, I could see that scenario playing out in the
same way that I see the scenario demonstrabily playing out
where pleadings and briefs are being filed in court that
are contained inaccurate legal citations. For example, it's already it's contemporaneous.
It's just happened, you know, just a few weeks ago.

(02:15:25):
Up in Colorado Federal Court, and it's happening all over.
In fact, it's such a problem internationally that in England
the court, the courts at England, the Pellate Court, said look,
we're not going to put up with this anymore. If
lawyers are going to continue to do this, the lawyer's
subject to being held in contempt of court, being put
in jail for relying, for basically citing a law that

(02:15:48):
doesn't exist. Because you're wasting everybody's time.

Speaker 5 (02:15:50):
Right, Your AI actually did that, cited laws that it
made up.

Speaker 21 (02:15:54):
Yeah, that's called hallucination, that's correct. And see that's what
I'm driving at is, in its current form, it's not
up to the task of drafting legal documents and pleadings
to be filed in court.

Speaker 20 (02:16:08):
That's clear.

Speaker 21 (02:16:10):
Therefore, you know, the question becomes how sophisticated it is.

Speaker 20 (02:16:13):
To draft a police report.

Speaker 21 (02:16:15):
The answer to that is, I don't know, but it's
reasonable to be concerned about that.

Speaker 5 (02:16:20):
Okay, well listen if you that's very interesting. Do you
know if Denver's doing it again?

Speaker 21 (02:16:25):
I don't know Denver. I know the wheat Rich Police Department,
and I believe Bolder too. I imagine other police departments,
but I don't know which ones.

Speaker 5 (02:16:34):
Okay, we have more coming up, but Walter wants to
talk about homelock and homelock and LifeLock.

Speaker 6 (02:16:41):
We'll talk about that coming up.