The Troubleshooter 2-8-24

Yeah, rip dum, you need advice so you don't have come running just as fast as we can. Shooter's gonna help coming Man Dix. Is the Troubleshooter Show. Now, Tom Martino, Hi, Tom Martino. Here. This is the Troubleshooter Show. Consumer advocates fighting for you, solving your problems, answering questions, and taking complaints. Listen when we're here or not here. Three oh three Martino passing around. That's the place to get in touch

with us for help, information and referrals. Three oh three, seven to one three A talk is the regular number. But three oh three Martino three oh three, six two seven eight, four sixty six. Keep that in mind. This is how it brought to you by you're a plumbing Colorado dot net. Let me just explain that to you water heaters that the best price is ever starting at thirteen ninety nine for a forty gallon fully installed the old one, taking out hallaway, then fourteen ninety nine for a fifty gallon,

no one can touch it. If you're looking for a water heater, Raim or Aosmith euro Plumbing Colorado dot Net. Angela wants to talk about cosmetology school coming up. We'll talk a little bit about my retirement summit tonight with a retirement planning center of the Rockies. We'll talk about also the Supreme Court. Mark is watching that right now. The Supreme Court hearing oral arguments on whether Trump can be allowed on the ballot. This is of the utmost importance when

it comes to overall the country. Basically, we talk a lot about on the show about things that make us tick, things that tick us off, like A I like to say, I personally think, I don't know, like I'm not making a prediction, but this court seems to be a really strong advocate of states rights, especially like when it came to the abortion issue, they said, look, this is what each state can make a decision for themselves. We're not making it a federally protected constitutional right. What they

do with this is anyone's guests. Of course, you can always weigh in on it if you're listening. Then there has been major major news in stem cell therapy and the Ninth District Court out in California. We'll talk about that. The major news, Angela, what's going on with you? Hello, Angela, are you there? I'm here? What's happening? So I attend IBMC Community College. Now what community college is that IBMC? I bet it's in Longmont. They have three campuses. There's one in Longmont, Fort Collins,

and Greeley. They used to have more, but a few of them have been shut down. Okay, so you're in the Fort Collins campus and what's going on. I'm in the LONGMNT Campus. Oh, long Mont? Okay, got you long Mont. So I've had several problems. I've been going here around six months now, starting at the beginning, this is probably about five months ago. There's a girl who put up a petition because we

don't have the things we need there that they're supposed to be supplying. So one thing to note is that they were in the middle of a merger the guy that owns the place. My friend has an own video and everything that she's talking to a teacher, and they got caught. He got caught stealing money or and buzzling money somehow from the school. Needless to say, our vendors stopped providing to the school. So this is obviously a private school. Is it accredited? And yeah, it is, it is. It's accredited.

You can transfer these credits to any four year school well, no, no, they told me, because I did talk to them about that. They did say it's an accredited school. But what he did tell me, Michael baby the I guess he's not. He's not the CEO, he's one QUES. I don't care about any of that. What I care about is this. Is this a trade school or is this a true community college? I guess it would probably be more of a trade school. I don't know

because I can't transfer, except well, what areas of study? Like? What areas of study? Do they have? Cosmetology and medical? Okay? And in the medical part it's not nursing, is it o? Yeah, it is. My friend's actually going for medical right now in the ninethe Okay, So what do they become when they leave there? A CNAs? Okay,

so it's not okay. I'm looking at their website now and I can see that this is basically it says it's been around for thirty years, career training more than it's more of a trade school, and it's let's see what they say accreditation. They say that it is accredited, and it also says that accredited by career schools and colleges. It's okay, a nonprofit group, but I'm not sure anyway. What I was trying to figure out is did you get a student loan? By the way, I no, I'm playing

with cash? Okay? And are you going to be able? I understand you're having problems and you're pissed off at the school, but are you going to be able to finish and get your certificate or whatever they give you? Yeah? Yeah, So let's talk now about the problems. The problems are not keeping you. How you've been there? How long more do you have to go? You've been there for a few months? How long do you

have to go? About six months? Okay? Will you be able to if everything remain the same, will you be able to complete your course? Yeah? Now what are you taking from? Cosmetology? And? Okay? So now again I'm asking this for a reason. What do you want? You know? I want fairness in this school and for them to be professional. Really, that's that's the biggest thing for them. You heard a lot

of people, you heard a lot of people complaining. You've observed a lot of problems, and you thought, you know what people should know about this? This school should be held accountable. Are they cheating anyone? Do you know or are they just you know schlocks they're cheating people? Yes? What way? How are they actually cheating people? Just like when I signed up?

So my friend took this course five years ago, I know everything that was supposed to come in or kit and we didn't get half of what was supposed to come. And give me an example of something really eating at you that you didn't get well for me personally, it would be like all the skaincare products. Okay, there, but that's what I'm asking. They're not cheating, like taking money and not not doing the education you're we're talking about.

I know they're big things to you, but little things here and there they're they're they're like skimping. Yeah. Yeah, What are the students doing about it? Are there students in other programs also upset? Or are they all in cosmetology? Oh? No, other students as well in medical. Give me an example like of what people are complaining about. Do you guys have meetings or is it on social media? Where do you guys talk? Well, several times students have gone and tried to talk to Michael to fix

the problems. And Michael is who he's one step down below the CEO. He manages all the campuses. Okay, and so have you guys met with Michael. Yes, my husband actually went in there and had a meeting with him personally as well. And what did Michael say? Nothing? He just basically gave him a round about you know that they're the best school and this is why we should be here, And I don't know. And that's funny too, because the price went up four thousand dollars and we still didn't get

half of what it was in our kids. Now, when you see in your kids, was there a contract somewhere that spelled out what you were supposed to get that you didn't get? Like, can we point can we call them and say, listen, we heard from a student. She's unhappy. She said she didn't get what she was supposed to get. Where is that list of what you were supposed to get? Not what your people used to get, but where they obligated themselves by contract or anything. Do you have

anything like that? I well, on the internet website, we do have a picture before they changed it that this is what you'll get when you sign up. I but but, but okay, but that's not a contract. What I guess what I need to know is when you signed up. Is there anything that guarantees a certain amount of stuff that you did not get? I guess that would have to actually look through it. I don't That's what

I'd love to know. I mean, we will, we would call the school, but I'll tell you right now, if we call the school, they're going to say, well, you know, we're doing the best we can. Uh. You know they're not going to say. We can't say to them you're cheating students. How would I prove that they're cheating unless you signed a contract or some kind of an agreement that said you were going to get this, this and this or another program. I do have one thing.

My friend Destiny on the medical program at Night, still has not received her laptop and that I know she was supposed to get for sure. Can you also have her contact us? We will call the school if you can do that for us. I just need to hear some solid breach of contract. And I don't doubt what you're saying is true. And I know a lot of people get upset about things, but what we really need is to see how they're violating promises or marketing promises. That's really the one now Connie

called yesterday. I want to take her real quick. So call us back, please, Angela, or have that person Causse or look through your own contract and give us something we can go to them with. Connie, when you called yesterday, I have this. I was just looking at your call. You said they totally al from Waterfront Apartments, and I said, okay, here's the deal. If your son parked there, even though it was his truck, it was newly his truck, he went across the street and

he he got towed. And I said, on the surface, it looks like nothing was wrong. I said, if you did he comply with anything what had to be done or or you know. And then I wanted to also give you the good news, and that is, no matter how much you owe or they say you owe, they have to finance it for you. They have to allow you to get it out of there, so you don't have to pay the full amount. Are they insisting on the full amount? Well, the deal is is you know you were talking about registering with

the apartment complex. Well, the office closes at five. No, I get that, but that's not that's not their problem. I don't want to I don't want to keep going over this. I'm going to take you see con Connie. I promise you I'm on your side. But I need to tell you this. On the surface, your son took a vehicle they never seen before. It doesn't matter if he owned it, it never was there before. He parked in the parking lot, got out of the truck and

went across the street to eat. They did nothing wrong by towing it, Okay, nothing. What I need to know is if they are now going to do things correctly, and that is to allow you to get the truck back or the suv. Allow you to get it back for the amount I forget what the law specifies specifies, but they have to allow you to make payments. They can't hold it hostage for the whole amount. No, they want the full amount. No, this is Wyats. I understand it's Wyat's

and I know why it's got into trouble with the state. Did you call the Public Utilities Commission? Yeah, yes, we filed a complaint. And what did they say. I haven't heard a respond yet. Okay, you here's the deal. They need to let you finance it. Do you have a contact at Wyatts you've been talking to. I can't remember what the lady's name is. But I'm just really you know, I'm older, and I'm really Connie. I know you're upset. I know you're upset, but something

you're not going to want to hear. I don't think they towed it illegally. I don't think they did. You seem to think that because your son owned this truck or this SUV, Suzuki or whatever, that they're supposed to know that and not toe it because he lives there. But he did not comply with them. There are signs all over that says you need a permit. He did not have a permit. Your excuse is the office was closed. Well, if I buy a car and I don't have a driver's license,

I can't say, well, DMV was closed. You just can't. I promise you that is not an excuse. Okay. He should have waited until the office was open registered the vehicle and then he could have then he could have parked there, or he should have never just parked and gone across the street. I'll bet you someone there, either a management or someone from Wyatt's, was watching to see that. That's what they do on these private lots. They looked to see for people that park and walk away. He

didn't even go into the apartment complex. He went and did he park in visitor parking? And if he did and went in in his parking? Okay, again you understand what I'm saying. I'm not going to say it again. Three oh three seven to one three talk seven one three eight two five five. We need to call Wyatts. We need to call them and see why they are not allowing her to finance it. So let's give the Let's see if Deputy Chopper can call them. Let's just call them and and here's

what we ask. Okay, why are you not following the toe bill? You look it up, Chopper. I think they have to take like only a certain amount of money and then they have to allow her to take the car and make payments. Now you still have to pay, but they can't hold it for the full amount. I'm Tom Martine Moore coming up. Go with a sure thing Denver's Best Roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no

obligation. In comparison, call Compass insurance paying too much your coverage at dozens of insurance companies. Find out now three O three seven seven to one help. You'll think you're his only customer when you choose Frank Ran the real estate man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martinez here three all three seven one three talks seven one three A two five five. I want to continue, Brenna.

Is it Brenna or Brianna. I'm sorry, Brianna, I misread that, Brienna. What's going on? Hi? Hi? What's happening? Yes? I have actually just become a new homeowner in Colorado Springs, moved from Denver. Now was it a new home or a pre existing home? A pre existing home new to us? But okay, and what's going on? We had our reelers to help us to purchase the home, and I guess it seemed as though he had worked with the seller before, because the seller

is an investor and you know, flits houses and things like that. Wait a minute, Wait a minute, who listed this home? The guy that sold it to you didn't list it, did he? No, the realator didn't sell it. Well, the relator sold it to us but we had found it on zillow. Okay, I got it. But he knew the cellar. There's nothing wrong with him knowing the cellar. However, however, he has a fiduciary responsibility as your agent to act on your behalf for your

best interests. So what happened? Oh yeah, So we had started the process back in October of last year of getting the house. You know, we saw it during the Memorial I think it's one of the Memorial Day like the hot air balloon flights in Colorado Springs. Yeah, where they send off all the hot air balloons. Yeah, we were walking by and we were like, is that the house we sold? You know, it's not on the zero anymore. What's going on? So we, you know, stopped

by after the parade kind of and we call it the realtor. You know, he's like, oh, yeah, no problem. You know, you guys can go ahead and look inside. When you called the realtor, hold on, was it off the sign? Yeah? Off the sign in front of the house. Yes. Okay, Well that's going to complicate things because okay, keep going. So we spoke to him, He's like, yeah, let's go ahead and you know, look into things you know financially.

See if you guys, can you know, purchase the house. We're like great, you know this is amazing because being in Denver, we haven't been able to compete, you know, with other I just want you to know something, Brianna. I don't know what's going on with this problem, but I just want to give you a preview. The fact that you called the listing agent first and the listing agent engaged with you takes it off the table for a buyer's agent. Okay, I just want you to know that.

So you complicated things. So when did you bring in a buyer's agent. We didn't. We went with you just told me. You just told me that the guy you had as your buyer's agent knew the guy who was selling the house. Yes, well, you didn't tell me he represented the guy selling the house. Yes, so he was not hold On, he was not your buyer's agent. Nope. Did he make that clear to you? I think he made it clear to us that he would be representing both of

us. And well, okay, hold on, if he wanted to represent both of you, that's called a transaction broker. Your contract must clearly specify whether he is a seller's agent, a buyer's agent, or a transaction agent. If this is sounding very complicated, you you assumed he is your agent. He was not your agent. What happened then? Then we had the inspection done for the sewer of our house. We had what is the name of the company. I think it doesn't matter, Keep going. You had

inspections done, what else we haven't? And we we had it come back with the report that there was an impassable blockage. I being the first time home buyer, I'm twenty three years old, I had no idea what this meant. My husband was so completely you know, out of it with trying to figure out, you know, how we were going to get all these open houses so we could sell our current condo. So he wasn't, you know, thinking too much into it. He had also, you know,

previously bought properties with his family. Okay, so keep going. So you had a blockage. And by the way, here's another thing. I would never allow sellers to fix anything. I would demand that I have allowances to fix them based on pre exact estimates that I've gotten. But I assume they said they would take care of the blockage. I know, because we you know figured that. Oh, it's just something we can fix when we get there. It's so you knew about the blockage, and you did not demand

that the seller fix it. You bought it with a blockage. We bought it with a blockage. Yeah, okay, so keep going, keep going where we're you know, coming into the house. Well, I'm telling you, man, you did this with knowledge. Uh so you went into the house. Did you later find out? Are you could just tell me a yes or no so we can get to the point and and and and try to help you. Is this the point of contention, the blockage? Yes, yes, okay, that's why you're calling. You bought the house with

a blockage and found out it was. It was not easily cleared. You probably have to replace your line. Yes, we do have to replace the line. And how much is it going to cost you? Right now? About? I think we were saying eight to nine thousand Okay, you just bought yourself a house and paid eight to nine thousand more. There is Brianna, I am telling you there is nothing you can do if what you're telling me is how it went down, If you had an inspection done and accepted

it, you accepted it we did accept it. Now it would be different. Hold on, Let's say the seller's agent who you were dealing with, lied to you about the blockage and said to you, or the seller lies to you and said, you know what, Brianna, this is a minor blockage. It can probably be cleared for a few hundred dollars. Now, I don't know if you have any lies. Lies would count? Did they lie to you? I feel it sold them. Not asking how you feel.

I am asking you if they lied to you once once I told him about this, you know, being a bigger issue than we thought it would be, he said, I asked you when we did the inspection, because at the time we were in Denver, it was the middle of the week. I have banda get up here for Branna. That's after the sale.

Here's what I'm asking you. I'm asking you this at the time of the inspection, at the time of the blockage, at any time prior to the closing, did they lie to you about the blockage either not being there, being very minor, or not being a big problem. The seller did not comment whatsoever on the plumbing status of the house in the seller's disclosures. That's that's a red flag right there. Okay, but that's not illegal. That's not illegal. That's not illegal to know and not do anything about it.

Will hold on? Wait wait, wait, wait, it's not illegal to know and not lie about it. It's illegal. On that disclosure sheet, there's a yes, a no, or I'm not aware. What did he check when it came to plumbing. Nothing? He left it blank. Okay, then that was your problem for accepting it. Yeah, whoever your realture was was a dumb ass. That's well, she didn't have a realtor mark she had. I guess that makes her that that's right, she had a

seller's agent. These people were were basically marks. They came in and basically were played. But listen, they they probably got around it. But I want to know something. If you said to them, I just want to know what this seller's agent said. If you said after the sale, wait a minute, this is going to cost us nine or ten grand to fix? And you know did you and your seller did not disclose anything about the plumbing? What did the guy say about that? Or the woman? Is

it a man or woman? It's a man? What did he say about it? What did he say about it? Yeah? He said essentially that we didn't ask any questions, we didn't ask him to pursue the infection findings any further. And I think he's telling you the truth. I mean, you could have said, you could have gotten an estimate on what it would cost to fix Brianna. I think listen, here's what I think. This does not make me happy. I want to help you. You're twenty three

years old. But the point is this, I don't think anyone did anything wrong except you and your husband. Honestly, I'm just trying to be straight with you. I don't want you to waste a lot of time and energy. You know, nothing nothing illegal that I hear, but definitely immral, I mean he screwed her. Yeah, I mean if this plumber, if this seller, if this seller did not, if this, you know, what would be bring hold on? You're assuming the seller knew about it.

Prove it, Prove it. I was That's what I was going to say. Why don't you talk to the neighbors. Why don't you start doing some leg work and figure out if he mentioned anything to his neighbors about it. But even if okay, let's say the neighbors saw sewer crew out there that would be evidence that he knew something was up. But here's my question, and I think we need to get Frank Durand in the real estate Man on to make and only if he can actually say, if you leave it blank?

Is there a problem with that? I guess there would be if she objected to it. The point is this just closure. Statements are not required, so I don't think you're even required. If they said nothing, I think that was your clue. Hold on, though, and we will get an expert opinion. Three oh three seven one three talk three oh three seven one three eight two five five Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Please 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 seven to one help. You'll think you're his only customer when you choose Frank Durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi, I'm Tom Martino. Your troubleshooter three oh three, seven one three talk, seven

oh three, eight and five. I've got to get to the phones. But Mark's been listening to oral arguments, and we talked about the two ways it can go. It can be universal for all states if they rule on the law, if they found the court did something wrong or the lawyers or something procedurally, they'd have to refile. It would be a mess. But we'll talk about that coming up. Okay, now is this Andrea? Is that? Am I pronouncing that right? Irea? I'll have to teach Kelly

how to phonetically spell. But is it Andrea or Idria? Andrea's correct? Andrea? What's going on? Well, I was told to reach out to you by a friend who was having some legal issues in her past. That's kind of what I'm dealing with right now. Is kind of okay, Well, listen to this here. I'm glad to listen. I hope we can help you, but and I hope your friend didn't steer you wrong. What's going on? Well, basically, I'm kind of like in the middle of

like a surprise, like custody battle surprise. How is a surprise? It's not a surprised, But so I'm currently co parenting with what my one year old's father, and I'm expecting another child by him, and we weren't really getting along, and so our last day that I sent my daughter with him, he decided to keep her, and then he went up to the courthouse and then filed paperwork on me for custody. But he's refusing to let me see or have any contact with my daughter until our first official court date,

which wouldn't be until the end of this month. What did the court's rule? Did they do any emergency room ruling at all? They haven't done anything yet because I have been kind of business work and then trying to figure out things in between trying to go to work and go to the court. That was his claim when he filed. Did he make any claim, I'm not sure, but he's what from what he told me, he wants to try to do fifty to fifty custody with my daughter. But you know, he's

doing kind of his legal version of kidnapping my daughter. Because wait a minute, I thought you had fifty to fifty or not. You didn't. We didn't have a court order yet, so we were okay. So he wanted to make it official. Yeah, he wanted to make it official, and then he kind of just I went when it was my day to get my daughter, I went to send him a text message. I get it, and uh yeah, now here's the problem technically with no order and you both

being biological parents. By the way, this is not legal advice. I'm just going by what experts have told me in the past, and we can get one on. But normally, normally biological parents have equal rights. Okay, unless the courts took one away or unless they allocated more parenting time to one than the other. So he didn't really technically do anything wrong. Yeah,

yeah, I know the technicality is behind that for sure. So right now, what I think you should do instead of fighting this temporary crap is work on the fifty to fifty unless you think that would not be in the best interest of the child. That's what they care about. They don't care about you or him. So what do you think now? Does he have an attorney? He might, He told me that he has. You know, he's been telling me one thing and you know, then another thing happens.

So I'm never I'm not really sure. All I can do is kind of wait to deserve the so called papers that he filed. I filed my own, but like I have been waiting for a court day to pop up and nothing has come up. But the reason what I was kind of calling is because I kind of just was trying to see about getting like some support for myself because I feel like he's he's saying that he wants to make it fair, but he's like, I don't think when you say support, what

do you mean? I mean, like, well, because I kind of don't have like money for a lawyer at the moment, And okay, lawyer that that's that's unfortunate if you don't have Does this guy have an attorney? That I asked you that? Did you tell me he does? He have someone? I'm pretty sure he does from what he told me he said he does. Okay, I gotta figure oute you see, let's let's call we

need to call one of our family law attorneys. Can you get Harrison, one of the people at Harrison and see if they're what people do when they are indigen or don't have the money for an attorney and they're being challenged or can't Bonnie shield time, Yeah, Bonnie Shields would be great to Bonnie Shields Law. Hold on, I think I spoke with someone from the Harris Law firm too, but they I don't think they were a little bad on my price range too. But did they say there was any free help available?

Well, there was one place that I forget what exactly the name of, but it was like Colorado Legal Law or something you got to get You basically get on a list. But Bonnie can tell you that. And all the attorneys in Colorado with family law, they get assigned stuff each year, but it is a list. You have to get on the list and go with

a sure thing. Denver's Best Roofer Excel Roofing dot com. You don't pay a cent until your content time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your

home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter three all three seven one three talks seven one three eight two five five Frank durand the real Estate Man. I want to get you on real quick. Frank, Hey, Tom, good morning, real quick. Don't I don't even know if we're gonna have time. We're gonna be out in thirty seconds, so I'm not gonna bother Frank. If we can call you back, it would really help us. Go with a sure

thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're contenth time for an insurance checkup free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real Estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Yeah, ripped news

need so you don't have come run anxious as we can. Shooter's gonna help. Come, man, this is the Troubleshooter Show. Now Tom Martino, Hi, Tom Martino, you're a troubleshooter. Welcome to the show three oh three seven one three talks seven one three two five five. Gary's with us. Let me go to the wide chef from rpcenter dot com Retirement Planning Center of the Rockies, Gary tonight at in Thornton. We have the summit going on. I want to know the main point you're trying to get across at

the summit tonight, Well six o'clock. By the way, you can get us seat rpcenter dot com, no costs, Go ahead, Yeah you bet. We'd love to have people registered today. Just rpcenter dot com. Let's get a little closer to that mic for Melas. Okay, So yeah, we're gonna do the Retirement Freedom Summit, and the main emphasis tonight is to not bore you to death with a bunch of stuff or try to sell you

anything. Forget about it. That's not the intent. We want to show you the main elements of a retirement plan and what you should do in each area, correct. And so we've got some of our strategic partners who will be there with us, and we're just anxious to share with you the five peak retirement process that we have trademarked and used in our practice, which will cover areas of income investments taxes. We're going to mainly be taking questions,

so yes, yes, anyways, that's ourpcenter dot com. We'll come back to you, Gary. Let me get to these calls here. And so, Teresa, what is this comment that you have on a client issue? Can I help you? I'm not sure what you're calling about. Go ahead, Teresa? Are you there? Teresa? Okay, I might not have her, So you tell me, guys if we do or don't. Because it's Brianna, It's okay, it's Brianna. Okay, Teresa's not there, then okay, good Brianna high Let's uh, let's talk to Frank Duran,

the real estate man dot com. We have an expert. He's an expert, and I just want to ask his I want to ask his opinion on this. Frank. Here's what happened. Brianna and her husband are buying a house right and they did not have a buyer's agent. They called off the sign, so that's it. They had an inspection done and it showed a sewer blockage. They assumed it's not going to be such a big deal. They want the house, They're going to buy it anyway. On the disclosure

sheet. They said that the owner the seller left blank the plumbing area. Now, Brianna, I want to clarify that more, did the plumbing did the disclosure have any other blanks that they did not fill in? They didn't fill in. Yes, they didn't fill in. No, they didn't fill in do not know? Right? Is that what you're saying? Yes, they didn't fill in anything on what part on pretty much the entire form as far as well. See that's now see briandna hold on, that is exactly

okay. When you first brought this problem, you said when it came to the plumbing, they didn't fill it. So you're saying they basically did not give you any disclosure whatsoever. Is that what you're telling me. The thing they put on the disclosure was that the appliances were near like the fridge and the show and the other areas of the disclosure, except for the appliances in every other area they did not check yes, they did not check no,

and they did not check do not know? Yes. Okay, Now, see Brianna, what that tells me is okay, See, it looked a little more suspicious when you said they didn't fill in the plumbing part. What you're really saying is they basically filled in nothing. So Frank, let's talk about that. Are they required to fill in yes? No? Or do not know? Sem Absolutely if the seller elect to saw out of sellers properly disclosure, that's any adverse material facts they must disclose to the buyer. And

I do have a question though, I do have a question. It was the and Briannon, I'm sorry this happened to you, by the way, I'm sorry, did did the Was the owner an investor owner that never lived there? Or was this somebody that actually had lived in the property an investor? I'm sure he probably never lived here at all. Okay, Okay, now, Frank, before you go on, Frank, before you go on, I need to know something. A disclosure sheet is or is not required

by law? Is not required actually, but here's what is required. The seller is still whether they fill out a property disclosure or not, Tom, the seller is still is required by a lot of it disclosed any adverse material facts. Good. I didn't know that. So they can't just be mute on the subject. Absolutely, they would have to disclose. And that's that's they're more of a good tool to use. It's it's approved by the Real Estate Commission, so it's a tool we use in real estate. But technically

the seller does not have to fill one out. But Frank, now I'm going to throw a wrinkle into this. She had her own inspection done which showed the sewer how to blow. So how much more would they have to disclose? Well, let me ask you this too, because that's a great point. Was this just, Brianna your inspector or did you actually have a plumber go out as well to give it a second opinion? The inspection and

the like. The inspection of the regular house was done by one inspector, and then the plumbing inspection was done by a separate company, and you had that done, is that right? Yes? We paid for that ourselves. Yet and it said you had a sewer blockage, right, It said that there was an impassable blockage. Okay, impassable blockage. Now, Frank, I would say that no harm, no foul, even though they didn't if they did know about it, there was no harm done to the buyer because

the buyer knew about it. I think the key Tom is just having disclosure and if the buyer was aware of it, and I'm just curious. Well, here's what I want to know, Frank, here's what I want to know. If she knew about it, by her own admission and her own inspector, what would the owner be obligated to disclose? On top of that? Would he have to say to her? By the way, Brianna, this is going to require a whole new sewer line. I mean, he

doesn't have to He doesn't have to disclose anything more than she knew. I think it's two different things, Tom, because there was a disclosure for him, they didn't fill it out properly, but they signed it to the bottom that they weren't lying, weren't hiding anything, which they were. No. No, that part I get. But in order for okay, we all know this, in order to have any kind of a lawsuit or legal action, there has to be a loss as a result of the breach. Where

is the loss she knew about the problem. I mean, That's what I'm trying to get at. Can she argue, Well, I didn't think it was serious, and the guy should have told me it was really serious. I mean, we're not talking about disclosure, we're talking about degrees of exposure. She wouldn't have even called if it was only a thousand bucks. She's calling because it's eight or nine thousand. Frank, Listen, you know how complicated real estate law is, and you know that disclosures come up all the

time. How often do sellers really prevail on them when they know about them? Well, Tom, in my experience with things like that, it would normally favor the buyer because the buyer, you know, they have that obligation to disclose, Tom, So normally situations like this will favor the buyer.

Okay, then here's what I want to ask. The buyer goes to court and says the seller never disclosed the sewer problem, and as a defense, I say, you're honor, you're right, but I didn't think it was that necessy after she had her own inspection and guess what they found an impassable blockage. So how much more damage did the buyer incur knowing there was an impassable blockage, but chose to buy it anyway? I mean, really think about it. I mean, what I hope we can help her? Where

do we go? We go to the cellar and said, you should have told her about the blockage, and he said, well, she knew about the blockage. I mean, what are we going to ask for? What do we ask our real estate attorney? I think if you lie on that, that's a great idea. Let's go rest of it. It doesn't matter, Okay. Any lawsuit comes down to damages. Any laws who comes down to damage Tom Tom. If he had prior knowledge, there's no question he needed to dispose that. I don't doubt that, Frank, I don't doubt

that. I don't doubt that. So if he disclosed there is an impassable blockage, he would have been in the clear. Is that right? Well? Yeah, because then okay, if she did not turn it down knowing there was an impassable blockage, what did him not telling her cost her? Let's just ask the attorney. I know, but I'm just Mark. This is called a discussion. I think you're connecting. I just where we disagree is. I don't think the second part matters. I understand what you're saying.

But the fact that he lied on the disclosure, I think he's got to fix it. Okay, Good, let's talk to our attorney because I don't know the answer. Okay. I think there's going to be a question of loss. If she knew nothing about it, she could have said I would not have purchased it. Therefore, by purchasing it, I incurred a ten thousand dollars loss. Someone discloses if I go buy a car, I mean, you're probably not gonna like this analogy, and they don't close a

cracked windshield. I definitely see the cracked windshield, and I buy the car, not knowing that. In the state of Colorado, they're not allowed to sell me that windshield because that's a safety item. They're still going to owe me a windshield even though I saw it. Okay, first of all, it has to be in the field division. But let's talk about a cracked windshield. If they did not disclose a cracked windshield, the question in defense

would be asked, did you know it was cracked? And they might know hold on mark, and if they say no, I did not know it was cracked, then you would have a good argument. But if you said to them, yes, I knew it was cracked, yep, I mean, I don't know what loss there would be because you're accepting it. Let's talk to our really be in the state of Colorado, you can't sell a vehicle that has a safety problem if it had no brakes and they sold it to me and they warned me, okay, okay, Mark, Okay.

So there was a cracked windshield, the buyer knew it. The buyer said, I don't care. I'm buying it anyway. Now the law comes in and says, you know, buyer, you can undo the deal. And he said, well, wait a minute, I knew it was cracked when I bought it. I don't want to undo the deal. That's what I'm

getting at. What good will it do her? What good will it do her if she already knew and accepted it, because you can assume had the seller told her, it would have been the same result as the inspector telling her. I'm not saying the seller did not air. The seller did air. I believe Frank Duran the seller was supposed to disclose it. My only question is what did the buyer lose as a result of the seller not disclosing it. Okay, I mean that's really the question, or is it simply

a matter of law? No matter what that that seller, because he didn't disclose it, now has to pay for it. That's what we need to ask. Brad O'Brien. So if he can come on and talk about disclosures, man, it would educate all of us would love to know the answer. Three oh three seven one three talk seven one three eight two five five Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't

pay a cent until you're content. Time for an insurance checkup free, no obligation 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, your troubleshooter. We're just talking about a thirty

second spot on the Super Bowl seven million dollars seven million dollars. Wow. I mean that's for a thirty second and that's just for the airtime, not to mention the production. And that's one of the few shows, by the way, where the commercials have become as much a part of it as anything. So people are waiting to see the commercials. They're literally wanting to see them. It's not an interruption. Hellas of TV shows, I'm the commercials.

Yeah, it's one of the few shows where the commercials have become so integrated into the creativity that people love watching them. Hey, you're not a big sports guy. You watch the Super Bowl time? You know? First of all, I watch the Super Bowl when there are teams I care about. I normally don't watch it. And no, I mean, okay, I do it for the social thing your friends are around. But no I don't. I mean I don't care one way the other right for this one?

Do you? Oh? I love watching the super Bowl? I know what do you care about this time? What do you care about? I don't know who I'm bet nine yet, so the answer would be whoever right there? And you know you know that a box? You know that a box cost a million dollars. Yeah, it's crazy, man, I don't see so I should confess this. I don't watch such things that don't have inclusivity. Oh my god, Wait a minute, wait, there's no inclusive

You watch the Grammys the other night, talk there's no inclusivity. Oh man, you want to talk about the most exclusive the most exclusive club in the world. Yep, Oscars and Grammys people going to the super Bowl. I think the super Bowl. No, No, I think the super Bowl is way more exclusive. I'd say the most exclusive membership. So you're talking about like audience wise, I guess that you're right. The Grammys and the Oscars

are so No. I thought of one that's even more exclusive. None of his peons can touch it, and that would be the Senate in the House. They got the insiders deal. Yeah, what about the nfl own is marked There's only thirty two of them and they are fifty center. Yeah that's true. But hey, how are we doing you want it anytime? How are we doing on getting Brad O'Brien on Kelly. He is not answering right

now. I'm working on it, okay. And so, by the way, you could go on YouTube and see the commercials before the Super Bowl. Oh I didn't know that. Yeah, they have a site where you can just see some of them before they air. I always think it's a great time. Man. Usually if Miles was in town, which he won't be this year, I mean, we'll always have a party, you know, do barbecue and just the whole thing. It's always been kind of like a Fourth of July in our family. No, I know a lot of people

have a lot of fun doing that for sure. So yeah, anyway, what would I'd like to talk about though? These oral arguments coming up? Mark? Do you think there will be a decision today? No, I don't think there'll be a decision today, but it's going to be a broad decision. The justice is really hammered this guy from Colorado, even though the kind of the lefties, if you want, I've got a brand new respect

for Jackson. And it's not just because I'm kind of on the side of, you know, getting them back on the ballot and all of that. But I mean, honestly, I honestly got to say this. I looked at her as a pawn of the current administration and I never gave her a chance. But actually listening to her arguing both ways during this she's a very very bright young lady, and I'm thinking over time she might actually be more of a moderate than what the Democrats who basically voted her in are hoping.

You know, I don't know if that's I was very impressive. What I think I think other than and I don't want to mention it other than one justice. I truly believe they take their jobs seriously and none of them are pawns. I really believe they try to apply what they what they see and hear to the Constitution. Except for one in history I feel who only I

believe she did everything everything personally and politically. Well, it really comes down to this when I look at that court, it comes down to two different philosophies. Do you believe that the Constitution was written and that is what it is. If it's said two plus two is five, well, damn it, it's five. Or do you believe that it changes over time depending on the situation. So it's kind of interesting look at interpreting the Constitution in two

different ways. And I'm not saying either is bad. I personally think it should be looked at exactly how it was written. What do you know, Mark, What's really funny is truly it can be looked at either way. Is it individual or I mean, is it literal or is it interpretive over time? Is it malleable? Is it a living, breathing document. People also look at the Bible the same way that this is what it says,

no matter what or does it change with times? And I don't mean change like the Constitution won't change that much, neither with the Bible as far as really real principles. But what is a real principle? You see, that's where the interpretation comes in. With the Constitution. It usually always comes down to what does the federal government have the right to more so than states? And what do states have the rights to more? And really that's what this

came down to. A lot of people listening probably think this has to do with Trump. It really has nothing to do with Trump, very much like how the abortion Rowe versus way had really nothing to do with abortion. I need to talk to Brad O'Brien. We found Brad O'Brien, a real estate attorney. Brad, I'm going to lay this out to you, okay, and we really want you to weigh in on this. In this particular real estate deal, and her husband bought a house. They did not have a

buyer's broker. They called on the sign. Then they had an inspection done. Their own inspection showed what was called an impassable blockage in the sewer line. They thought to themselves, we really want this house. We can probably get it fixed, it probably won't be that much, and they bought it. They later found out what they thought was going to be a relatively minor problem, it's going to cost about nine or ten grand to fix. Well,

rightfully, they're upset. And then they're looking at their real estate documents and in the disclosure statement that the seller decided to do and signed it, the only thing on the entire disclosure document is something about new appliances that they're all new. The other parts of the disclosure were not filled out at all. There was no yes, there was no no, There was no do not know. Now what do you think she is saying the law requires?

While she didn't say this, Frank dre in a real estate are real estate man great man? He says the law requires sellers to disclose any material facts or defects. And what do you think, Well, it seems to me that the buyers were unnoticed of this issue before they closed and knowingly accepted their risk. They knew of the problem, they didn't know the extent of the

problem. Let me example, if somebody if there's a roof leak, and you don't find the roof leake itself, but you see some water drain dripping on the ceiling. You're unnotice of the roof leak because of the manifestation of that water coming down. So they knew there was some issue with sewer. They should have really investigated further before closing. I think that they probably could

be held accountable. But what about the black and white issue? What about the wrong or right issue of a seller never disclosing any of the defects. There could be others in the house. They simply did not fill out the disclosure form, which, by the way, Brianna knew when she bought the house. My argument was the same as yours. I'm not trying to convince anybody. That's why I stayed shut up until you said that. I would say, even if she wanted to sue for the sewer damage, the defense

to the seller would be, well, you knew it anyway. I mean, so even though I may have breached my responsibility, I did not actually cost you that money. I mean, is that what a defense would be? Well, Tom, you didn't tell me that the seller's actually knew this problem. A seller is not obliged to the defict that they don't know about. On the okay, I don't know if the seller knew about it either, that's the point. I don't know, that's a very good pointint,

Brad. So let's take either one. Let's say the seller did know about it okay, but did not disclose anything about it. But the spire already knew about it. But let me throw in one more apart there, So, Brad, even though they didn't check yes, no, maybe, or whatever it is, they did sign that normal disclosure form at the bottom saying

they answered honestly. Yeah. The difficulty in these kind of cases where a seller doesn't disclose there's a claim that a seller doesn't disclose the defect is that you have to buyer has to cree that the seller had actual knowledge of the defect. Yeah. But, like Tom was saying, let's say, let's say, for argument's sake, let's say, for argument's sake that this this is the tricky part. Let's say, for argument's sake, the seller did know about it. Okay, What dude, is there now as a result

of that breach of responsibility? Is there a damage even though the buyer knew about it too? Well, then you have a toss up, and the only Christian you can decide is right. On. That is a judge because you have a seller with actual knowledge, right, good buyer, with actual knowledge of the defects? So who's more liable than the matter? Who wannster? Just? Somebody will call it? Right? Go ahead? Hello? For argument's sake, the seller did know about it? Okay? What is

there now as a result of that breach of responsibility? Is there a damage even though the buyer knew about it too? Well, then you have to toss up and the only Christian who decide is right now. That is a judge because you have a seller with actual knowledge, right, good buyer, with actual knowledge of the defects. So who's more liable than the matter? Who wannster? To? Somebody will call right? Go ahead? Hello? All right, somebody wanted to chime in now they don't what yeah, no,

no, no, can you hear me? Are you Briana's husband? Yes, I'm bry and his husband. Go ahead, sir, So, uh, we purchased this house. I was aware of of little things that you know, look look not too correct, right, So like an outlets may be wired on, or the uh you know, the gutter kind of leaks a little bit. But I was not you weren't aware that the sewer wasn't working. You were, You were painfully aware of it. Here, here's the problem. Here's the problem you And what's that mark? He's literally

that's not working? This guy? Would I buy a house that doesn't have a sewer that works? Why would I buy it? Well? You did? What does impassable blockage mean to you? I thought maybe some paper towels. Okay, So you did not think it was serious? Hold on, hold on, I want to play court here. You I did not think it was serious, right? No? I okay? And you had an actual hold on and you had an actual inspection. So you're expecting a seller

who is an investor who did not have an inspection. You're expecting him to know you didn't know having an inspection staring you in the face. But you want the seller to know if you turn on the water at all for even about a couple of seconds, the downstairs starts overflowing. Okay, did you well? Hold on, did you do that? Did you do that? Yeah? When we turned the water on? And why did you buy it?

Then? Well, we when we didn't turn the water on while we were walking through the house, we're just looking at things your inspector did. The inspector noted an impassable blockage. I'm sorry, I'm on your side. Guys. You may not believe that, but I don't think that you guys can can argue you knew nothing about it. I think that that's an impossible argument for you. And the other thing is the seller. What we have

to concentrate on now is did the seller know? And then, Brad, I want to ask you again, if they found that the guy was there earlier trying to open this sewer, or when he bought it, he had the same inspection that said it was impassable, would he have an obligation to tell someone who already knew about it and was going to buy it anyway? And if he didn't, what did he cost them? Yeah, so I have a duty to disclose that defect that he actually knew about before closing.

At the same time, the buyer an actual knowledge of this defect. So here's what I think. I think if you went to court, Brianna and husband, if you went to court and prove the other guy knew about it, then I think you could prove the seller did you wrong. But I don't think you can prove he cost you damnage. That's the whole point I'm trying to make. There is always a right or wrong, but there's also damages. And if damages don't results as an consequence of the wrong, then

why go after the wrong? But Brad, what do you think in that scenario? Well, I said, that's a toss up. It's a mixed case because both sides have good arguments. Good I can't dam how that would have come out in court. I wonder if there's a precedent on this, Brad. I wonder probably probably there's probably case lawn issues like this, But I just can't tell you. Maybe what you guys ought to do is consult Brad O'Brien to see if there's case law on this. Well. See,

but here's the problem that we run into a lot. There are new couples. She said she was twenty three. It's her first house. They just put the down payment on it. They've got an eight thousand dollars fixed right now, just to be able to use the toilet or hire an attorney. I mean, is it worth going to court over eight thousand dollars? It's actually fifteen thousand dollars now because they have to get an excavator to replace them. Well, I ask you the same, by the way, By the

way, on a separate note, we are running way behind. But I got to tell you this, Brianna, what's your I hate saying Branda's husband. What's your name? Sir? My name is Grant. Grant. Listen Grant and Brianna, make sure please that you're getting an honest estimate on that sewer. That's a separate issue, please, because that you could be victimized by sewer people too. Who did you get your bid from? We got Priority Plumbing. I don't know who they are, but I would get a

second opinion, Okay, I would absolutely positively get a second opinion. That's I mean. I'm not telling you they're bad people, so hear me. I'm telling you I don't know them. Three oh three seven one three A two five five Go with a sure thing Denver's Best Rufer Excel Roofing Dot. You don't pay a cent until you're content. Time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of

insurance companies find out now three O three seven seven one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino here, don't forget ourpcenter dot com for tonight we're gonna be talking to him more. In fact, Diana has a question on

an IRA account. Go ahead, Diana, what's your question on IRA's Well, I've owned this IRA since two thousand and nine and I've never received any dividends since I've had it. And what I was told you when you say dividends not not all iras do your paid dividends? Do you do you mean returns in general or what? Yeah? Maybe I'm just learning all this. Yeah, how much? Let's start. Let's start. How long have you had the IRA? So it's two thousand and nine and then another entity brought

it up it in twenty seven? How much was in it? Well, you know it wasn't a hit, but it's enough. Give me an idea. How much is in it? About sixteen? Now? Okay? Now, when you say, did you ever get a statement on it every month or every quarter? Yes, yes, yes, and on the statement on the statement, does it show earnings on that sixteen thousand? Yes? Yes? So what do you mean when you say you did not receive dividends? That's the part I don't understand. Well, I haven't received anything out of

it. I mean it's twenty twenty four now. But wait, but the count is still there, right? And yes, it is there. When did you stop contributing to it? Actually it's grown and I'm working there it has but no, no, but when did you stop? Diana? It's an ira, which means the only money in there came from you. When did you stop contributing to it? I think it was, you know, when I first opened it, and it has grown. But here's what I'm trying to figure out, Diana. Did you put in every year in amount

or did you only fund it once? I think I just funded it once? Okay? And how much do you remember what your original contribution was? Oh? God? Well, because Diana, here's why I'm saying this. It all comes down to money in and money there. If you put in ten grand and it's now worth sixteen, then you two time value of money to see what your return has been. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content.

Please time for an insurance check up free, no obligation. 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. Time ripped of news? You need advice? Who you don't have? Come?

Run anxious sass as you can shoot? Is gonna help? Come man is the troubles Shooter show? No Tom Martino, Hey, Hey, Hey, I'm Tom wanting to solve problems, answer questions, take complaints. We're here to help you. You can call us anytime. Dare night. Leave a message. We will get back to you if you need help. Three oh three Martino three oh three six two seven eight four sixty six. We can also talk to you here now whenever we're on the air at three o three

seven one three Talks seven one three eight two five five. Diana had a question about an IRA now the way I understand it, and we'll talk to Garriott Retirement Planning Center of the Rockies in a minute. Here. So you had an IRA opened in two thousand and nine, you funded some money and now it's worth about sixteen thousand. You want to know all about it basically, But I need to ask a question. So you have a statement in

front of you. You don't remember your original balance compared to what it is now? Joe, okay, remember okay, but it's been there since O nine and it now is worth about sixteen grand Is that what you say? Correct? Yes? Okay? And what is your question? A Gary will answer here? What are your questions? Well, the thing of it is, I tried to go to my congress person. I found out it's privately owned. If you don't have to go to a congress person, what are

you trying to find out? Diana? I'm trying to withdraw from money out of it. And they how old are you right now? I'm in my seventies and early seventies. Well, you should be able to take that out with no penalty whatsoever. You just have to pay tax on it. Are you saying you can't get the money. It works, that's not the way it works with them with who before a board. The name of the outfit is the Terrors under It's up. Wait, hold on a second, hold

on, I need to ask you something. Is it an IRA or is it an insurance policy? What is it? No, it's an IRA? Okay? What did you want? Gary? What were you going to say? Diana? It sounds to me like you have a self directed IRA that's held privately. Is that what you understand? Yes, that's right. They invest in condos and apartment I got it. Okay, in order to it's

a self directed IRA. Trustee, go ahead. What you should do is you should request in writing that you begin withdrawals of spec when will What year were you born, Diana fifty one? So you're you have to take your require minimum distributions the year that you turned seventy three. You have to begin to take money out of that or you're going to be penalized ten percent plus

the normal tax. So they have to put you in a position where they can liquidate that, where you can take your requirementimum distribut Not a word to them, what's that? No? Not? According to what my broker said, Well, your broker doesn't know what he's talking about. What did your broker tell you? Let's hear the process. Your broker said, he said, I have to apply for it, and and that either you get it or you don't. It goes before this board, which I've never heard of.

But and they either okay or they don't. And plus you're getting in line and there's a lot of people in it. Okay, I think you bought. I think you bought shares, didn't you? Most likely shares of a rate Yeah, probably a real estate investment trust. Yeah, yeah, that's it. Okay, in a rate you own shares. If the shares are not marketable, you can't cash them in. And that this is the

danger of a rate. Reads can make you tons of money or no money, or actually it will sit there forever and they'll tell you it's worth something, but you can't get it. So what good is it? Now? This is serious stuff. You need to send us a copy of that, your latest statement for I'll have my experts look at it, because I can't touch it. Well, I can't touch it. Maybe you can, It depends. You got to send us. And when you say a broker is the broke, who is the broker. Who is the broker with the broker?

Now, like, what what firm is the broker with the same as the real estate investment trust? Or is it independent? It's called light don't they're out of Lighthouse Point, Florida. You've done in Florida. How did you? Here's what I need to know. How did you first learn about this investment? Okay, so I had a broker book somebody who got me into this got it? Okay, all right, and he's no longer working doing that work. Yeah, yeah, and I feel like I'm ripped off.

I don't think you're being ripped off. It could be, But a real estate investment trust is a really really weird instrument. Okay. When you buy shares in it, you're buying shares. It's just like a private note fund or any kind of a private fund where you have to buy shares. They tell you, oh, it's worth this much money. But then when you got to when you want to get out, you have to be able to market those shares. And if you can't market those shares, it's worth

nothing. So it's weird. Now go you know what you could do, Diana is get us a copy of the statement. Let us draft the letter. Help put together a letter for you that you could send to them that we'll get some response on least, then you'll know what your options are because my fear, if you don't take the required minimum distributions as scheduled by the

IRS Code, you're going to be subject to some penalty. So you're going to have to get some tax advice on how to fix that, because even if she can't liquidate it, that will still count against her in a qualified fund. Yes, yes, listen, Diana, you're going to need some help. So I'm going to put you on hold, and then Kaschina is going to let you know how to get in touch with us and send us that statement. Okay? Is that okay? Okay? I guess she's on

hold. Katchina, get her to send us a statement. We really have to see what's going on with her. Renee, what's going on with you? Renee? I'm Tom, what's happening? Renee? Hey? Tom? I have a question. We're selling some property and my brother's doing the sale and visiting with the real ortor, and I what kind of property? Is it? Residential? No, it's farm, farm property, okay? And what do you need to know about it. Well, I just wanted to

keep everything honest. He's been pretty short on information about Now do you have it list? Wait? Wait? Do you have it listed with someone? Yes? Yes? And do you is this the person that's been sketchy? Actually, I haven't talked to the realtor. It's my brother. He's kind of in charge of it, and he's been kind of short on information. Okay, So who's short on the information? The broker or your brother? Uh? My brother is I haven't talked to the broker yet. Okay,

what are you trying to find out? Well? I don't know what I need to ask to make sure everything is is, you know, honest? And well do you have a do you have a copy of the listing agreement? Uh? No, I haven't seen anything. So what are you calling about? What exactly are you calling about? Then? Did you guys enterret this and he's selling it? I mean, what's the circumstance? Okay, I get Yeah? How much property or how much property? Were now are

we talking about? We're talking three hundred acres? And where is it? It's in Nebraska? And okay, and did you guys have an appraisal done? Yeah? Yeah, he went through all the steps. But is he the personal representative of the estate. Actually, we all are involved, but he was kind of How many that is? Okay, so hold on we all That tells me there's more than just you and your brother. How many airs are we talking about? There's six? Okay. So you're selling farm

property that you and five siblings have inherited. Yeah, okay, Well that's a whole different story. Then why did your brother take charge? Well, he's he lives close to the farm and he was able to deal. You have to find the realtor and get everything started and well as as an heir. Let me, how do the other siblings feel about your brother taking charge? Oh, we had no problem with it. We have no problem with it. But you want to make sure that it's being done properly. Yeah,

yeah, I just don't let me ask you another question. What makes you feel it's not being done properly. Well, like I said, the closing date I'm not aware of. I don't know when the closing date is. Do you have an offer? Uh? Yeah, yeah, the guy supposedly put money down and it's gonna it's gonna be sold the end of the month. And I just had questions on the actual amount of the sale.

You mean you don't even know how much? You don't know anything. Yeah, he gave us an amount, but I want to check to make sure that is. I get it, bro, I get it. How much did he say? It was? Like one point four somewhere in there? Million? Okay? Can I ask you straight out question? Do you trust your brother or not? Uh? You know I did, But some things have happened that he went back on his word on some deals that we verbally agreed to, and now it's like, I think I need to follow up

and hold him accountable because we all trusted each other until that happened. Then I thought, you know what, that's the red flag. I need to make sure this farm sale is. You know it's inappropriate? All right, I got some ideas for you. Hang on. I'm Tom Martinez three oh three seven one three talks seven one three eight two five five Go with a sure thing Denver's best roofer Excel roofing dot com. You don't pay a cent

until you're content. Time for an insurance check up free no obligation. Compare and call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hello Tom Martino here, what's on your mind today? And how can we

help you? Three all three seven one three talks seven one three eight two five five. So Renee is part of an inheritance and the siblings are selling real estate about three hundred anchors more than a million bucks. He wants to make sure everything's being done right. Very simple, Renee. If in fact you are one of the inheritors or heirs, I should say you have a right to see any and all documents. So did you ask for a copy of those of the listing agreement? Oh? Excuse me of the of not

the list sting the sales agreement. Uh no, I'm fixing the meet with the real or not? Need to know what the what the Here's what you ask It's very simple. Let me just let me just tell you what to do. Sure, if you're meeting with the real estate person and you are one of the heirs, you simply say, I'm one of the heirs with equal rights to everyone. Therefore, I would like for my own records, a copy of the listing agreement, a copy of the recent offer and acceptance,

and every document that has to do with selling it. Then once you get that, if you need someone to help you look it over, which you should, then we can do that. But you have a right. And if that real estate person says I'm sorry, I can't share that with you, then they're full of crap. Yeah, okay, if you are truly one of the heirs, yes, do the others. Do the other heirs want information? Oh? Yes, they're all they're all curious too, And I sin keeping this on the down low on purpose. Why is your

brother? I don't know. I don't know. That's why we're all surprised. And we're not like that. We've always been real tight family, looked out for each other and honest, and then all of a sudden we're thinking, like, you know, we need to follow up and some of this dealings that's going on, because none of us have anything in writing, have seen no paperwork, and no paperwork has been offered by my brother. So I'm thinking I'm going to go visit. What's the realtor? Okay, listen,

what I what? What's really important? Have you ever asked your brother? Uh? No, I don't think I have. I've asked him who the owner is, and he was he was kind of like he couldn't remember his name. You mean a buyer, the buyer, buyer, Yes, the buyer, Yes, on the buyer And he wasn't sure. And I thought, wow, so that was a red flag. Now you said your brother just out of curiosity, you said, your brother has not come through

on some things like give me an idea. Oh, well, he he bought out some one of my uncles that had interest in the farm bought him out, and he was supposed to How do I say this, Tom, Well, my uncle had thirty percent he bought about and we all agreed he could do that, but when we sold the farm, he would get paid back on that loan that he took out for that thirty percent buyout, and

everybody would be on equal basis. Again, well, he decided instead to do that, to keep thirty percent of the farm instead of putting, you know, instead of a group staying with that original agreement of getting paid back when the farm sold, then everybody would be equal. Again, Well, it sounds to me like you might be I don't know, you might be

overthinking this. I'm not sure your brother's doing anything wrong, but we'll certainly, we will certainly look into it once you get that that those documents, or if you have trouble getting them, let us know. Three all three seven, one, three eight two five five. As you know, we're awaiting the Supreme Court ruling, and it probably they're not even done with the hearing, and it's going to take a while to come down, but it can't take too long. Mark, When you were watching the proceedings, did

anyone tell you or suggest when it might be disclosed? I don't know, but I mean, I mean, they actually have their court clerks and stuff or whatever they're called, write up the opinions and then if there is a dissenting opinion. I mean, that's not going to be done instantly. I would assume fairly quick, though, would you say a day or two this week? Well, this week is tomorrow, guess. I guess I would say by the end of next week. But I don't know. I have

no idea how quick that stuff can be. Yeah, I know, but when I cannot imagine though under any place, and I'm open to take any wagers out there, by the way, that Trump will not be on the ballot in Colorado. You think they're gonna rule it's a federal issue. Yeah, I'm gonna they're gonna in my opinion, they're gonna rule that basically, Colorado a state, does not have the power to remove Trump from the ballot.

By the way, other major news in the courts is District or Circuit the ninth, the ninth Circuit first the eleventh Circuit, then it was taken to the ninth Circuit. But it has to do with stem cell therapy. It's major news. And what I'd like to do is try during the breakf try to get my expert on and we'll talk about it as well as your problems, questions and complaints. And then we have retirement Planning Center of the Rockies with us as well, and I'd love for you to come to this

summit tonight. We're going to be talking about retirement and the elements for retirement. It's really good for any age and it's going to be at six o'clock. You can just get a free seat and it's not going to be long. By the way, the whole thing will be less than an hour probably, So come on over and go to ourpcenter dot com to find out more to ourpcenter dot com go with a sure thing Denver's Best roofer Excel Roofing dot

com. You don't pay a cent until you're content. Time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three all three seven seven to one. Help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine

two zero sixteen twenty two. Hi Tom Martino on your troubleshooter three all three seven one three talk seven one three eight two five five Bill, you have a comment on real estate on that issue? Possibly? Go ahead? Bill, Okay, let me. I'm gonna do a little preaching here for a second, because I've been involved in family things scattered. I remember I called you up a while ago on some property with some brothers and sisters. Money's the root of all evil, You know it? When it comes down the

estates and stuff like that. If someone got the upper hand and got the hands on it, a lot of times they'll stick in it and they ain't can give it to the other day. Well, you know what I mean, he's hoping made myself clear, just that money people do get crazy with money. You're right, Yeah, Well everybody wants you know, just yeah, god, white people like that. I mean, I've had it with

me. I was an executive in one of my uncles and then my I want another person in the family, Well, I'll get a lawyer because that the one of the kids weren't in the world. You know, so many estates, by the way, Bill, while we're on the topic, so many estates waste hundreds of thousands of dollars hiring a public administrator because they can't get along. And it's the worst thing a family can do is get a public administrator. You're my wife's family. The little issue came up, and

it's not little. It's a million dollars worth. And I'm talking to each other now, Well, anyway, I got you wanted to preach. Did you also have a tip for that? Well, yeah, well we could get a lawyer. Yeah, for sure, Bill, He well, he should at least check out the transaction, right, Thank you, Bill, appreciate it to make sure it's being done properly, even if your brother handling it. You know, look at it happens all the time. People want

to they want to pillage the estate. They look for what's in it for me. I want to talk to doctor Joel Tridakki's with Denver Regen dot com. Joel, thank you, hey man, I want to talk to you. I read this morning the Ninth Circuit made a ruling and I believe that it's very significant for stem cells. Basically, to sum this up, the FDA sued a clinic for using stem cells and manipulating them and then reinjecting them, and they said by manipulating them, they really should be regulated as a

drug. It's not a surgical procedure, but a drug. The clinic argued, it's not a drug. We're not taking donors, we're taking it from the person reinjecting it. It's a procedure. You don't control our procedures. Now, I want to mention this. Years ago clinics got in trouble for doing this, for manipulating stem cells and reinjecting them, which by the way, is more effective than regular stem cell treat It's the best stem cell treatment you can get. And in fact, some doctors used to get in trouble

for it. They stop doing it. And in order for Americans to get that kind of treatment in the past, they've or up till now they've had to go to another country where they manipulate these stem cells, because the FDA has always held that if you manipulate stem cells, they become drugs and they're regulated, and you can't do it without all the clinical trials and all of that. So all of you guys, including Denver Regen dot com would do regular stem cells. You would take them out, put them back in.

And by the way, even the regular stem cell therapy I had, it was the most remarkable treatment I've ever had. If I had to bring up a negative about it, it was that it happened three to four months later and I forgot to well, I mean I didn't forget, I said, Joel, Wait a minute, I think this is stem cells working, you said, because people expect to feel something in two or three or four weeks. It took me a few months and all of a sudden, I'm thinking,

wow, I've never been stronger there and no pain. So anyway, what is your take on this ruling? Is it going to improve what you guys can do. I'll explain everything to you. I'll try to make it as concise as possible. So just about check a little bit. The Ninth Circuit Court has not actually ruled on it yet. It was a lower judge's decision in California to allow for the fat extracted stem cells. We have bone extracting, me fat extracted. They're just addressing the fat extracted that FATA extracted

stem cells were not a drug because they were minimally manipulated. Interestingly, also, that lower court judge said that you can still expand those and grow more cells out of them, and that that still does not fall under FDA purview, which is new, which is something that they never allowed before. So anyway, the FDA is appealing that decision to the Ninth Circuit Court, who heard arguments and will be making a ruling. So, oh, yeah,

you're right, you're right, I'm reading this now. So the eleven so it was ruled in favor of stem cell therapy of the clinics, and then the US Food and Drug Administration. I believe they went to the Ninth Circuit to appeal it. Okay, so we're waiting for a ruling there, and so you know, it's the Ninth Circuit court has usually been pretty favorable to

some medical procedures for people. I mean, you know, if you're called, this is the same area of the country that first legalized the use of medical marijuana to treat ailments without you know, tons of research and whatnot. Uh, And you know, I believe that the arguments are valid. Uh. The other thing that is there, there's precedent with the bone marrow extracted

themselves. The same fight occurred a little more than a decade ago, and that's when it was determined that you could minimally manipulate that, meaning you extract them from the body, clean them isolated, and then inject them right back in. The courts were clear that they consider that not to be a new drug and they don't regulate that under the FDA. That they don't they don't require the pharmaceutical companies to be involved in that transaction or that service, if

you will. So, uh, but didn't the Eleventh Circuit actually Mark Mark hold On Mark has a question, go ahead, Mark didn't didn't the Eleventh Circuit actually say, though sided with the FDA. So even even if the Ninth Circuit comes back, I mean, then you're going to have two rulings that are completely opposite meeting. The Supreme Court's going to end up deciding Wait a minute, correct, Okay, the Eleventh Circuit. I believe that.

Okay, I believe the Eleventh Circuit they appealed that one, didn't they Yeah, they won the injunction. The FDA won the injunction, and then that was appealed. Well, no, I believe they won the injunction. It's it's I don't know if it's been appealed, but who would it be appealed to? That's what. So what happened? Did this clinic go from the Eleventh to the ninth? No, No, No, they're equal. No, it's a completely separate case. Okay, got it. Okay, So

this is the Eleventh's rule that it is actually in manipulation. I believe, I mean, I'm speculating, but because we're all still allowed to do it, I believe that that that's that that's been stayed and now we're awaiting that Ninth Circuit Court decision. And that's as much as I know right now, you know, and as far as how it affects what types of service were able to perform. I'm reading that. I'm reading the Eleventh Circuit, by the way. Yeah, and right here it says, well, okay,

I thought it said that. They they agree it is not a drug. I mean, maybe i'm reading it right. They said it was Okay, okay, maybe I'm reading the attorney's argument. Sorry about that. In any case, this ruling, this rule, I mean, this lower court judge that said it was not a drug. If that is upheld, what takes president the eleventh or the ninth? I don't know. That's a good question.

No, But then the Supreme Court starts looking at it. Guys, I think it would have to go to the Supreme Court, wouldn't it. That's correct, that's correct. So the question before the court, now, when you manipulate these cells, does it become a controlled substance? Basically? Does it? More importantly, does the jurisdiction enough manufacturing of it for to be considered a you know, a synthetic drug basically? Right? Right?

You know, though, I wouldn't it be considered and I don't want to get too complicated, but you are allowed to compound drugs as a doctor, you're allowed to do that. You can compound any combination you want for your patient, and it does not have to go through FDA approval. So doctors compound all the time. So if that's the case, why wouldn't stem cells

be considered a compounded substance? I mean, I don't know, I'm just asking them, but you know what I would speculate, Tom, is that you're still using the drugs that they're using to create the compounded drugs, or still drugs that are FDA approved. Okay, still talking about drugs. And I think the primary crutch of the argument is is that are stem cells when you extract them from somebody's body a drug or not? Hey, can I

ask a question? Go ahead, dog? What about blood? If you if you take blood out of somebody and give it to them later in surgery, isn't that the same thing? It's almost That's one of the arguments. And here's the other thing, Doc, I'll go one step further. Why aren't they upset about PRP. You're definitely manipulating blood, that's my point, not not regular blood. But PRP platelet rich therapy that is absolutely manipulating,

isn't it right? But one of things you're taking blad out different, I'll put it that way. Yeah, it's so different than themselves. It's the same process. Okay. So this is something my favorite, Tom, really is that you know, the the efficacy of stem cell therapy and the proliferation of it, and the fact that it's been proven now by many clanks over

the course of over a decade to be extremely effective. That it is cutting into the market for joint replacements, medical device manufacturers and people who have large financial, big farm and interest in it. So of course they're going to fight it because if they can eliminate them cell procedures, then that just kind of brings the market back to them where they can control they control the money. And that may sound conspiratorial, but I feel like I've lived on this

in this country long enough to understand how things work in that way. So that's my gud feeling about it. I think I think there's validity to that. But I think there's also validity that years ago, when the FDA started looking at there was a bunch of shysters out there selling stem cells to anybody that add five thousand dollars EI, they're all dead and did nothing. I gotta take a break. But there is one thing I want to say that

is very critical here compounded drugs. It's recommended by the FDA that they use approved ingredients. However they're compounded. Drugs may include ingredients that are not FDA approved if the physician agrees that they will benefit the patient at hand, but they must be regarded as gross really recognized as safe. Now. I don't think they can put Stryck nine in it or something like that, but it does not have to be an FDA approved drug for that purpose, as long

as it's generally generally approved as safe. We have more coming up. Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance checkup free, no obligation. In comparison, call compass insurance paying too much your coverage at dozens of insurance companies find out now three oh three, seven to seven to one help.

You'll think you're his only 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 three oh three seven three talk Lindsay, what's going on with you? Lindsay, Welcome to the show. I'm Tom Martinez. What's going on? Hey, Tom? Thanks so much for having me. So basically, I took my truck into a body shop for repairs and they've had it for ninety days. More than ninety days.

Yeah, they have refused from the time that I dropped my vehicle off to give me an estimated date of completion. Why did you drop it off if they wouldn't give you an estimated time? Well, unfortunately, I wasn't aware that they were required by law to do so. I don't think they are required by law. I don't know of any law. Now I might be wrong here, but I don't know of any law that they have to tell

you when it's going to be done. So I've been doing quite a bit of research on the Motor Vehicle Repair Act, and it does say that they are required to give me estimated completion. I just was not aware of that when I dropped it off. And maybe I'm interpreting it, Okay, maybe maybe I'm wrong. I know about the Auto Repair Act. But let's neither here nor there. Let's talk about this first and foremost. Was this a repair you were having done on your own dime, on your insurance or somebody

else's insurance? It's through my insurance. And what was it a collision or what it was? A collision? Yes? Okay? And what were the circumstances in an accident with another car? I'm just I just want to find out all the circumstances. Yes, I was in I was in an act accident with that got it all right? That's enough, That's okay. I just wanted to know. So 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 had dozens of insurance. But he's find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two Yeah, ripped of news, you don't have the come running as fast as a cam

shooter's gonna help come. Dix is the Troubleshooter Show. No, Tom Martino. Hi, I'm Tom Martino. Welcome to the show. We are here to help you solve problems, answer questions, take complaints and with me. Today we have a retirement planning center of the Rockies. I have Gary Hanson with us and we're having a retirement summit tonight. We call it Freedom Summit for Retirement and that is going to be at the Delta Event Center, which

is in Thornton. It's the Marriott Hotel and it starts at six. We're not going to take a long time to preach to you or try to sell you anything. I promise you that we will absolutely transparent about everything, including what I'm doing. I'll be there and we want you to mostly ask questions. Gary Hansen's with us, and Gary, one of the things I think people are tired of, and I swear to God it's just so rampant is being hustled. No, I'm sir, everybody's got something and everything they have

is the best. Well, we take a whole different approach. Tom I've done this for forty nine years. That's scary, but I bend down both roads, and believe me, we find that our clients are happier and so are we when we can just deal with the comprehensive approach and gosh, just come meet us, let's talk, let's see if there's a common ground to visit about. Let's not waste your time, and we certainly won't waste our time. If nothing else, you'll learn about the important and elements of a

retirement plan. Absolutely absolutely, and if you want a review, you can have a free review of all of that. And the important thing is this, There truly is no one thing. There truly isn't no. For first of all, I personally do not believe the stock market is one hundred percent bad or one hundred percent good. I don't think annuities are one hundred percent good or one hundred percent bad. I mean it just truly is. And

reverse loans are not one hundred percent bad one hundrecent good. It depends on the situation. Everything in life, everything with finances depends on circumstances, the amounts you put in it, the amounts you allocate, and how you manage it. Well, and we have to do a fiduciary driven discovery meeting tom before we can even recommend. So we're gonna dig really deep with clients to make sure we understand the full picture. And ultimately most of our clients will

have money spread very well into several different sectors of the economy. Right. That's good. And by the way, if you want to seat tonight, it's free, there's no cost, there's nothing. Just ourpcenter dot com has the invitation up there. Ourpcenter dot com. It's front and center. Just to call them at dusk or you can call nine seven zero sixty six three thirty two eleven. We left off with Lindsay and Lindsay she has an issue with an Ideal car Star autobody. I think, where is this located,

Lindsay, It's in Arvada. Yeah, Now here's the thing. I don't think it's unique to Ideal. I don't think it's unique to Carstar. I think it's just a problem in the industry and I don't know why, but we're having a big problem all over because people. I mean, my car had a simple little thing and I went and had it the parts ordered.

First, I went in there so they could order parts. Then because it was driveable, I took it away and then they were to tell me when to come back, and we made a date when they thought the parts would be there, and then it still took I think over two weeks. That's when they had the parts. So yours though you're saying ninety days, they've had it more than ninety I dropped them excessive. Okay, so let's just start with why do they say they've had it so long? Well, and

that's the thing. I have called several times asked them to speak to management, and they refuse. They dance around my questions when I call them and asked them what's going on. So there's a huge lack of transparency. What's their organization between their customers? And my biggest issue is for the first month it was sitting there when they told me it was being worked on, and

it was not. See that's the part that pisses me off is when they order parts, they do things that they could do when you're not there. You know, I excuse me when your truck's not sitting there. That's the part that is really stupid. I mean, so right now, where does this happen? But if they don't have parts, what else would they do with it? Honestly, if all the parts aren't there, they're going to tie up a bay. No, what I'm talking about Mark is in my

case, I went and now this is a car is drivable? Was your car driveable? I guess I went Mark and they examined it and ordered the parts. But I took my car back they just ordered the parts. They didn't Why didn't you do that then, Lindsey. I actually asked them when I took it in, because I explained to them I'm a small business owner. I need my vehicle for work and I don't have a rental car coverage.

So I asked them, you know, if you're going to have to order some stuff and my vehicle is driveable, can I please pick it up and then drop it back off. And they agreed to that before I and

turn the keys over them for my truck. So when the time came for them to order apart, they said it was going to take two to four weeks for that to come in, and I asked them if I could go ahead and take control back of my vehicle so I could use it, and they said, we're going to proceed with other body work while we're waiting for they had to replace the frame, and I understand that is the long term. Wait a minute, so they say communication, that's the problem. So

basically, you had to get your whole frame replaced. Yes, oh my god. Yes. So the problem is is that I did ask them if I could go ahead and take my truck and bring it back when the frame came in, and they said, we're going to go ahead and do all the rest of the painting, all the exterior body work while we wait for the frame. That way, when the frame comes in, we can get it right on the list and we'll have it out of here within two weeks.

So when I went when the frame came in, I went in and saw my truck and they hadn't done on any of the repairs at all that they told me they were doing in the time we were waiting for the frame. So what are they say now? Did they start on it now? They did start on it now and it's actually almost done. I think where I needing some advice is wanting to know my rights as a consumer, for you know, they've they've just passed me around. My truck was sitting there

when I wasn't able to use it. It's caused me a significant financial distress. And well, if you're going to try to make a legal case what to get damages? I don't think it's going to work. That's just my own opinion. Unless they were negligent, I don't think you're going to be able to prove negligence. Help me out here. Tell me what you're trying to get, Just just say it. What are you trying to get?

Money? Well? I no, I think I personally feel from a customer service standpoint and the fact that my vehicle was sitting for weeks without being touched. Okay, well, I'm going to ask you the same exact question. You've stated your case, and this is what I always like to say. Therefore, what I feel like they should wave my deductible? Okay, so there is something you want. How much is your DEDUCTI? Yes, Okay?

What did they say when you offered that? They basically said, oh, we haven't waived your deductible yet, And I said, no, not yet. He said that again. I asked our Atturning and Colorado Order Repair Act does not explicitly require repair shops to provide an estimated completion date for repairs. However, as a common industry a practice they often do, but it is not required by So I don't know where you're getting that. Can you point me to that, because you need to point me to that area.

Then again, if they violated it and didn't give you a completion date, what do you do about it? I mean you accepted that, you kind of took it in with it. How to completion date? Right? Yes, because I wasn't aware of that at the time. So there is a second part now that now they found a completely unrelated issue. They wanted me to pay for it, not related to the accent. Well what is it? What is it? But it's an issue of my air suspension. I

suspected it was related to the accident. It turns out it wasn't. They wanted me to pay for They wanted me to pay for it. I said, this should be covered under warranty. What year is your truck? It's a twenty sixteen. Well it's not under warranty. What warranty would it be on? I got it, I bought it used, so it's an extended warranty. Here's here's tell me what's wrong with the air suspension system by the

way. Uh, they said that it was worn down. One of the lines was worn down because it's a defect in the way that it was manufactured. Was it an aftermarket system? Nope, it came with the truck. Where did you get Jessic, what is the name of your extended warranty? It's through Assurance. And first of all, I wouldn't have this body shop do that repair to begin with her. Are they saying it's mandatory right now? Well? The thing is is I I asked them to find out if

it was covered. Over a course of two weeks, they lied and said they sent in the paperwork. When I followed up at the warranty company, they hadn't submitted anything. I kept calling to follow up to find out if they had found out it was covered. And then they called me and told me they went ahead and replaced that part without my knowledge. How much I don't know. They never gave me a price on that it was covered under warranty. So wait, wait, wait, wait, so it was covered.

Yes, Okay, then why do you care because I have there's a deductible and how much is that deductible? Me? It's a two hundred dollars deductible from what they said, can I remember something? You better be really anyway. I would be really, really happy if they got something covered under warranty that they discovered after an accident, because that warranty company could have so put you together and said we're not covering it. You are so lucky they

covered it. I mean, I mean really, I listen, I would be upset about the three months. I'm not going to be upset about the other thing. I'm just telling you that right now. So what I would do right now is there's not much you can Let's put it this way, Lindsey. I don't think you're gonna get anything from them for keeping your car three months. There's nothing they did that was negligent. They did not there

weren't negligent. I mean, you got to prove that they did something wrong to cost you a damages, and I to be honest with you, I just don't see it. If I did, I would let you know. I mean, almost everyone is having a problem with parts and all of that. If they can show they work diligently during this time and did not, you would have to if even if you wanted to go to small claims court. Let's say for one thousand and two thousand, whatever you said your losses

were, you'd have to show they breached their duty to you. They somehow were negligent, and I'm not sure how you can do that. I think that you're upset, and I understand why you feel like you were lied to and led to a leed on right, But they got your job, they did it, and now it's almost done, so I think you're wasting time.

I'm being straight with you. If you look at a lot of times people don't hear what they want on the show, and I feel bad about that, but I still can't change it just because people are going to feel bad about it. I'd rather be honest with you, so you're not wasting a lot of time. I wouldn't be happy with them. I wouldn't recommend them. Maybe they could have been more efficient, but but and especially the part where they said, well we're going to start right away and have sat

there for a week. That would have pissed me off. But it was a week, right, So I don't think there's anything we can do about it. Three O three seven one three eight two five five go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance

companies find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martino, you're a troubleshooter three O three seven one three talk three all three seven one three eight two five five LJ. He's got a question on timeshare LJ. What is happening? Not a whole lot?

How were you? Mister Tom Good? What can I do for you? Man? Well, my parents had a time share that they've had for twenty plus years. They are the actual piece of I guess mortgage has been paid off and now they just have the maintenance feat. Well, my dad passed away two years ago, and so my mom is just getting in the part of being able to get out of it, and she's in her eighty I don't think any of us kids are beneficiaries on there. And I'm not sure

what the process is. It's a Windom property and I know they have an exit team, but didn't know if you had any. Uh, let me let me ask you a few things. Let me ask you a few things, LJ. How much is this burden to every year? It's about seventy five dollars a month and just maintenance, that's it. Yeah, And there could be special assessments that come up, so it's definitely something she wants to get out of. What kind of income and substance does she have? So

she just has Social Security and my dad had with the government. So she's got an annuity that comes in and that's it, but it's not very much. And is that annuity a government annuity like a government pension of some kind or is it? Yes? And from from his retirement? Okay, Gary, can they garnish his government annuity? Do you know Retirement Planning Center? Can they garnish his government annuity? I don't believe so, nor his social security? Okay? Does she own a home? They own the house right

now, it's not known. Shouldn't they own it? But they still have a mortgage ship to doe on it. How much equity in the house. There might be one hundred thousand dollars in it. Okay, she is judgment proof. Right now, she has an exclusion far in excess of one hundred grand because of her age. She I don't see how they can come after her for anything if she just stopped paying. Okay, she might now listen. It might be scary for her. I don't know. She probably doesn't

need credit. They might try to ruin her credit. They might try to threaten her. She may just tell them, look, I'm not paying anymore. I paid it for twenty plus years. I'm not paying anymore. If you want to come after me, come after me if you want. If you want the timeshare, I'll give it back to you. She's judgment proof. Let me tell you a couple of things. Even if they got a judgment, they can't take her money and they can't take her house, so

they take the timeshare condom. Here's the other thing. If they don't, if they get a judgment and wait until she passes, they could, even though they never have, they could put a claim against the estate. They never have, but they can, Okay, And if they do. They would only be in time to what has a crude and not damages or anything like that. I just think that if it was my mom and dad, that's what I would do. But if you want to hire an exit team,

it's going to be a minimum of about four grand. And that's the one thing we're trying to avoid, right. She called, She called them and let them know that she wants out. She's I think again, I know enough to be dangerous. It seems like her position is pretty good to where she doesn't own owe anything on a mortgage, speeds or a payment. Yeah, but they don't care. They don't care if maybe if they want

to resell it, they'll take it back. She's not going to get any money for it, No, and she's not trying to shed just like I know. Has she ever used it, by the way, you know, they my siblings have used it a few times. But now she can't travel, so she's not used and where is it and where is it? And for how long? And all that her her Their home home base is Pagosa Springs, but they can use properties all over, so most of the time when family travels, they'll have to use it. When they go to Las

Vegas is usually the ones and it's for a week. Is it for a week or is it for points? It's for points. It's the worst thing you could ever have, worst thing in the world. I mean, it is really terrible. Like I said, if they don't just let her out, I would talk to them if I were you to say, look, if you don't let my mom out and just take it back, then she's just not going to pay good luck coming after her. She has nothing but

social Security. I would just play some hardball, Okay, okay, I mean that's what I would do. That's all I can tell you is what I would do. Man. I would definitely make sure that those jerks don't take it bad. Make sure anymore social Security is going into a bank account that's labeled at Although that's not required, it's a great idea. You want to make sure that you know she has an account that says you know, Martha's social Security. Although if that's all she has and is direct deposited,

that's pretty easy. But again, just just keep an eye out and I would just forget it. I'm Tom Martine More coming up go with a sure thing. Denver's best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance

companies find out now three all three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two. Hi Tom Martinez here three all three seven one three talk three all three seven one three eight two five five. Welcome to the show. We're

here to help you any way we can. And it's very interesting what's going on in the course, both with stem cell therapy and of course more importantly the presidential the presidential race. Now, Mark has listened to the oral arguments and one thing I wanted to mention, and I think it's the utmost importance Mark, according to of course biased, I call them biased press releases right now. When I go with press releases, I do, uh, I look and see who's writing them, Okay, and in this one it's biased.

But they said, and this is in opposition, they filed a brief with Scotus saying it's it's called what do you call it when they file a brief friend of courtant, what's it's? Yeah, kind of like that. It's it's basically it's basically emotion saying we believe this. And I don't know why. It's called an amicust That's what it is, an amicus brief where

people weigh in. I don't even know and I've never seen I don't know the process if the justices actually take into consideration the amicus the amicus briefs. But anyway, this one said, you know, this should be denied. He should be left off the ballot. And here's why they claim that in the entire case, if you read this brief, that their attorneys made no mention of him not being an insurrectionist, but that he should have immunity.

Now, you're the one that listened to most of the oral arguments. I didn't. Were they making the point? Did they address the insurrection part at all? No, it had nothing to do with it. It had Now, what did Trump's attorney address the fact that the state does not have the authority to remove him from the ballot even if he did even if he did take partner insurrection or did they not make that wasn't that wasn't their argument.

Okay, they they said they quoted, we quoted insurrectionist or not. They quoted the attorney as saying, even if now I'm not like I said, I didn't hear it. Even if a candidate were an admitted insurrectionist, the fourteenth Amendment still allows candidates to run for office. Now, I don't know if you heard that or not, but I'll tell you why. I'll tell you what. The part of the argument on Trump's side was because two thirds

of Congress can overrun that. So if you are an insurrectionist and you do get elected because people vote for you, and you get elected, then you would have to have Congress vote I think it was by two thirds in order to allow you to become president or whatever at that point. And there's a mechanism, in other words, there's a mechanism to overcome it. But the state doesn't have that. No, I get it. Does not get it. But one thing we can all agree on that a lot of people bring

up it doesn't require a conviction for insurrection. That's not even part of the argument. Who knows if it does or not. And the argument from Colorado's side is we did convict him in the state of Colorado. Well they did not, really they Well, the Supreme Court found he was he took part in an insurrection. Yes, no, they had a trial. It was a five day trial. Trump decided not to show up and prove that he

wasn't. So he was. And they claim that Justice Sodomyer speculated that they were jerrymandering the rule to benefit only their client and that the fourteenth Amendment on insurrectionistship should apply to everyone. Did you hear anything like did you hear any comments from the justices like that? No? So anyway, they're claiming this press release from an organization called cont Listen. The bottom line is none of it matters. Imagine if they actually did keep them off, then Mississippi could

keep Biden off, then someone else could keep somebody else off. Then all of a sudden, you have one state who knows what state is, the only ones with both candidates on the ballot deciding who is the president for all fifty states. It's just ridiculous in its face. There's this thing called logic. You can't have states decide who the hell's on a presidential ballot. It's stupid. You know, logic does side with you, but logic doesn't always

side with the law. The law doesn't always side with logic unfortunately. I mean, it gets to be really crazy. There is no way, there is no way this is not getting overturned. There's no way. The president would be unbelievable, will have other states all of a sudden denying Biden. Think of that slippery road. Now, even the larkest of lefties I disagree with you on I disagree with you on the Biden thing because it doesn't it doesn't leave open states. Even if they said that in this case, the

state can do it because of insurrection. I don't believe that it says a state can take a president off for any reason. Well, okay, it doesn't say they can take them off for insurrection. It doesn't say that. So they just said it does, or that's the argument they're making. So why couldn't you make up anything because he's stupid, we don't want him mine. Okay, because let's not have stupid arguments. Let's go to something real. He gave a lot of money to Iran. Iran is using that money

to kill Americans. Therefore, he is aiding and abetting the enemy, which in my opinion, is just as bad as anything that happened on January sixth. Well, okay, you're saying that if they let this argument through, what you're saying is they can let any argument through. And I don't think that's really what. I don't think it would. I think they would still have to show insurrection because I specifically deal. Okay, but Mark, that's not insurrection, is it? Well, how how the hell do I know

that that's what the Supreme Court is there for? It sure is not the state of Colorado to decide. Well, No, I don't think so either. I think that when it comes to national elections, like you said, it would be ridiculous if states get to decide, because you would have a limited number of states deciding the presidency for everyone, which would be crazy. I mean, I do agree with that. Three oh three seven to one three talk seven one three eight two five five more coming right up. Go

with a sure thing Denver's best roofer excel roofing dot com. You don't pay a cent until your content time for an insurance checkup, free no obligation comparison call Compass insurance, paying too much your coverage at dozens of insurance companies. Find out now three 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. Hey, I'm Tom Martino, your trouble shooter. Three O three seven one three talk seven one three two five five. All right, So summing things up today, folks, sem cell therapy maybe getting a boost from the ninth Circuit or yeah, the uh, the the eleventh Circuit considering or the ninth Circuit, I'm sorry, considering whether or not stem cell is manipulation or not. We're also waiting for a decision on Colorado and whether or not Trump will be on the ballot. You know, this Biden thing came out

from the DOJ today, So listen to this quote from the report. You ready, go ahead? The President Document, the President's Document Practices present serious christ to national security. Biden presented himself as a sympathetic, well meaning elderly man with poor memory. That's why they're not pressing charges that actually that actually where to god, the report says it. It's amazing, holy crap security risk. But no, Trump, I don't even want to get on this.

It is so unfair. What is going on in this country right now. It is unbelievable. This is the US of A. Do you know what, though, Mark, Honest to god, I don't know how much, how much you read on both sides of this thing, I don't know. I'm not saying you don't what I'm saying the report, But no, no, I'm not talking about that. I'm talking about in general. It is astounding, not just that Trump is disliked, but the extent of he's it is. I have never seen anything more venomous in my entire life.

Ever, I would say that the dislike for Trump would be akin to Hitler. Well, I sure wouldn't go that far. But no, I'm not saying he's like him. No, no, I'm not saying he's liking I'm saying what I see and what I read on the other side of the fence, not the people. It's because the media has pumped that into stupid people's heads. That's what they're supposed to believe, because they're sheep. You know what, I want Trump elected just so all these crazy lefties will leave town.

Oh well, never do. They always promise it's not whether he'll be elected. I don't think he's electable. That's my own opinion. But in any case, wait, wait, wait, what do you mean he's electable? What does that mean? I don't think pete, I don't think that he can win. Okay, well you said that the first time. Yeah, of course I did, and I didn't shy from it. Listen, I want to tell people. I'm not giving you my opinions on him. I mean I got mixed opinions on him. That doesn't it doesn't. They

don't matter. It's any way in the world you'd vote for Biden. And let's just ask you man. No, okay, thank you, but I will say this, okay, if we're honest about it, right, okay, And again I don't want to get into this right now. But the economy is doing great right now? Do you know it's not? Yes, it is. Layoffs are everywhere. Tom Well, actually mark all the main indicators. I'd like to say that too, except you go to all the

main indicators and this economy is buzzing. You go to get the gross natural product. You go to inflation, you go to any marker unemployment, employment, you go to investment, spending. Confidence. Everything is doing well whether you like it or not. Listen, you know one thing people either people probably hate me because I don't. I'm not gonna I'm not gonna go crazy on one side or the other. But I'm telling you when I look at

indicators, I don't know. Maybe tomorrow you can tell me what's doing bad. Seriously, Mark, Because I'm not carrying a flag here, I'm not trying to convince people what to do with their vote or with their life. I will tell them this though. Retirement. We're all gonna face retirement, and no matter what you are or where you are, you're gonna want to have security. So that's what we're talking about tonight at the Delta Events Center in Thornton. So I want you to check it out and you can get

a seat there. I'll be there. Please rpcenter dot com or call them nine seven zero sixty six thirty thirty two eleven. And I mean that sincerely. I want you to like to really be careful about retirement. Avoid one trick ponies. I call them someone who no matter what they have one thing to recommend void people who have schemes or as we heard, real estate investment

trust. Nothing wrong with real estate investment trusts in and of themselves, but as you get older, these investments that require that you buy shares and liquidate shares other than the stock market, it's very difficult, very difficult when you get in these private things that sell shares, because unless there's a market for those shares, the issuers don't have to buy them back, and you could end up like that caller we had today who basically she had shares in something

supposedly worth something. But if you can't sell it, what do you do about it? Then you run up against the problem with minimum distributions you have to take at starting at seventy two or seventy three, you could be in big trouble. Anyway, don't forget rpcenter dot com for tonight at six. I hope to see you there and three zero three Martino call any time for help. We'll get back to you. Gave all your problems for me,