The Troubleshooter 3-3-25

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The Troubleshooter Show. No Tom Martine, Hello Tom Martino here, Welcome to the show. Three oh three seven one three talk three oh three seven one three eight two five five. I hope you're all having a wonderful day, and I can see all of you there in the studio of your streaming. I have the studio up, and we have Mark and Susan. We have Deputy Doc and bo. I thought, uh, I wasn't sure they were gonna be there today, but okay, I got Deputy D here, so we're ready to go.

You may recall that for the past two days we've been working on this matter with Chelsea and Nichols Automotive. Yeah, and you know you you had a lot to say about the warranty company on Friday, but it feels like we ran out of time during the show time to really.

Wrap this up. Plus I was steamrolling you guys.

Oh yeah, okay, it was toind of fun, and so it would be great to kind of bring this to a conclusion.

What is your position on, Hey, who should pay?

What?

I think the guys, I think that the warranty that if she mentioned the warranty and he said, I'll take care of it her something.

I mean, I don't think he did this.

I think she was in a hurry to get her car, and I think he wanted to get it fixed. I think did he call the warranty company? I don't think. Yeah, not lined. I think he called them. I don't know what was said. Here's the point. I don't know what was said, and they won't let us hear the conversation.

So.

But here's the point, and I think Kevin made a really good point. Mark he doesn't think they would have covered it anyway. I do because he's done enough work with warranty companies in general. Here we'll think about this.

This is a car had.

Undred car warranty that's only four thousand miles.

It's literally made for things just like this.

It's not your typical three year, thirty six thousand miles. This is something they can offer with a used car sale that only lasts four thousand miles.

But what Kevin said was they usually will not fix anything pre existing. And he said it happened in one hundred and sixty miles, and most likely that would be something that was wrong before.

He can't even go back and bitch at the dealership at this point because this guy blew it.

Dealing with the warranty company. Well, there's nothing a bitch at the warranty company about anyway. Not choose me or the dealer because she bought the car.

They might they might have done something. For example, they sold a rewarrant. I don't know if it just comes with their car, if it was an additional price. I think, Dimitri, it was an additional price. She could go back and you sold me a car with a warranty, and this warranty is absolutely no good in the car's no good.

She might have some leverage there. How much did she pay for that warranty? I think it was somewhere in the upper two hundreds.

No, but we you know, I'm hesitant to say the warranty was worthless because the I don't doubt that many warranty companies are scummy, But this particular warranty company never got a chance to wheezel out of it because they set forth the conditions under which they would evaluate the claim, and those conditions weren't followed.

Yeah, but he okay, of course they weren't followed. He didn't have the warranty in front of him.

But fifty years in the business, like I told you, you could call any Firestone, Goodyear, Shared, an auto tech dealership.

Everybody knows. You got to get how to work with these. Whether it's a roofer or it's a warranty company, they are not held responsible for the warranty not paying. You're still when you go to a doctor, if your health insurance doesn't pay, Tom.

You are I think you are getting I honestly think you miss it. When I gave this analogy, you hated it. But if I have hail damage and I go Higher Excel Roofing and they do my roof, and then I call up my insurance company when there's nothing for them to inspect or do anymore, and say write me a check. Whether I actually needed the roof or not, at that point doesn't matter. My insurance company is not going to do anything. And Mark, you can't see that.

It's a different analogy here that she she went and she signed the work, She gave them all the warrantine information. He agreed right on the you have the regard, how do you know? Because he said, do you know on the air. Do you want to hear it again? He didn't have the warranty in front of him. He didn't have the warranty in front of him. I agree he did not. He didn't have the warranty, he didn't have the terms and conditions in front of him.

He's not supposed to listen.

What I'm saying is if you hire Excel roof and come out and to your roof and they don't follow the terms of the insurance policy, and they don't have that insurance policy in front of him, they put a roof on your house, you think they should eat a roof. I don't think so at all. I bet I don't think this.

If Excel came out and said, I'm going to work, and you sign a contract saying it's going to be the proceeds of the insurance company, just like they always.

They never sign a contract like that. They never sign a contract like that and the proceeds of the insurance. But you're right, if somebody did sign this, I will know if someone signed something saying I would take the proceeds of the insurance. If someone signed that, then you're absolutely right. And if they didn't get the proceeds, then screw them. But this guy never signed anything saying I will take the proceeds of your warranty company. Nohow me

He never told her that they played so.

Basically was saying his quarranty company approved it. You guys did the work, but then at the end they decided they were going to pay it because you guys couldn't provide stuff then. And he's sticking by that and even her if you had to.

That's exactly correct.

Mark.

By the way, this is a recording, and he's not disputing he said this.

He is not disputing it.

He said he called the warranty company and they approved it as long as he could document it. They told him to tear it down and document it. That is what he is telling.

Then we go on to ask him, did you get did you get the approval number?

No, well then you did. He didn't get a number.

He's mark. He said he got approval. Now when the company says, by the way, go ahead and tear it down and document it. We'll take care of it, and he goes ahead and does that. Who told him he's supposed to get a number?

Well, nobody, because they didn't say that I guarantee the warranty. No want you get a copy of that recording, since you like the warranty company so much and you believe them over a fifty year mechanic or a business campaign, if.

You bought him, If you brought in your BMW and you spent like seven grand on an aftermarket or extended warranty and they didn't get a damn approval number, you would be off your rocker. First of all, you keep talking about an approval number. You make a sound as if this guy had all of the rules and conditions of this quarranty in front of him. This there is

I don't care who it is, good Year, Firestone Sears, if they still have an automotive. Anybody that could ever possibly deal with a warranty, knows how to deal with these people.

If if you have a if you have a customer who's breathing down your neck and says, I need to get this fixed as soon as possible. And even if she said, even though it's not in writing anywhere, I have a warranty, here's the warranty. And he calls them and they say, tear it down. We're not going to pay for the teardown, but if you document it, we will pay for it. If it's the transmission, and if it's not pre existing, that's so if he goes there, one works.

If you tear it down, then they send an adjuster out to inspect it. He completely bypassed it, and I personally think so.

So he okay about it. So, ladies and gentlemen, he should eat six thousand dollars worth of work and she should get a free transmission because she got him. You know what, we're never going to agree on this, so let's just move.

On, all right.

I mean, there's really no reason to keep discussing it. I think that he's he should be paid something. I don't think the man should be punished for trying to get his customer of ten or twenty years down the road, and I don't think he intentionally did this to try to cheat her out of six grand. It's the that easy. I don't think so. And if I had to put my money somewhere, it would not be on a warranty company, because in my experience, warranty companies lie more than anyone there.

Mark.

You're saying, oh, yeah, they would have automatically paid, Because Mark, how many experiences do we have with warranty companies automatically paying one hundred percent of the repairs?

How do you tell me?

Mark? You tell me, because you've sat in this chair long enough, tell me how many warranty companies voluntarily on a used car warranty we'll replace the transmission one percent after they own the car for one hundred and sixty miles.

How many?

How many do you think we've had in our experience that voluntarily pays for every one thing. We're never going to agree on it.

I think this guy screwed her, not on purpose by any means. I think he totally dropped the ball and now she's hung with with she bought a warranty that simply can't use.

And you're assuming, but you're also assuming, Mark, I agree with you on this. You though they never got to look at you're assuming they would have paid one it. Well, I you're assuming paid. I think they would have paid up to whatever the policy was. What do we even know what that policy was? I think he's me I read, actually do we even know? If?

It doesn't say anything about it has a deductive, It has a modest deductible, but it has a huge, very significant cap.

On hourly rate.

I believe they only allow seventy five dollars an hour with one hundred dollars deductible. That's that's what I saw. I mean, I do have a proposed resolution to this.

And what if you bring it to a place that you know and trust and they don't want to work for that? What happens then you have to pay the re You pay the difference. That's like what Jeff and Kevin said. We got more coming up on the troubleshooter show mark. Please try to get Please try to get that recording, honest to goodness, tell them it'll only help them. Three h three seven one three eight two five five. Paul the Waterman. I talked to him today. My god.

Go ahead, Jay, go ahead, Jay.

Hey Tom, First, I want to clarify something I'm unclear on when the mechanic called the warranty company. Did he get permission from them too, we don't know, down and inspect it, or did he get we don't know, permission to repair it, because.

That would be a huge we don't know, we don't know.

Take some both the small claims court, or at least one of them. She can compel evidence and then the truth kind of has to come out, or if she kind of wins.

Yeah, I don't know, man, I don't know what was said on that phone call. He says he called and told him he has this client's car, blah blah blah, and they said, document everything, tear it down, and we'll take care of it. He now what, I don't know if they said that numbers nothing.

So therefore, if she sues the warranty company on the mechanic's word, he has to help her make the case. If that's what he's claiming, he makes that case, they come back and say, never happened. Here's how we can go ahead.

Day.

What are you doing? Answer?

Hold on, Jay, Jay.

She doesn't have the option of suing them. I read the entire contract with a warranty company, and she agreed to arbitration for the warranty company with a warranty company. So she sues them, they'll just get it dismissed instantly, and arbitration is going to be prohibitably expensive.

What is going on? Is she going to get her car? Have you talked to her today?

No?

Not yet.

I just emailed both Nichols. You just thought it'd be a good idea of bringing up to piss me off. No, I just.

It would be a good idea two of the three of us to agree on how to proceed.

Anyway, So while you and Mark were arguing.

I came up with a settlement offer, and I just emailed it to both of them.

I want to know. I want to know what your offer was. What is it? Well, my view, did you eail By the way, did you email me.

The I emailed both you and Mark not only the policy but the denial letter. I want to from the warranty company Mark to answer your question from the perspective of the fact that they both the consumer and Nichols both mismanaged this process as as you already As you already know, Nichols should have been better prepared to manage the warranty claim. However, Chelsea should have also managed the process. She should have had the warranty policy in front of Nichols.

I don't see the warranty you sent me.

I emailed it to you and Mark h Okay, and so my proposed resolution was, would Nichols be willing to settle for their actual out of pocket costs, their labor costs and their parts costs without profit because they are you know.

Yeah, but I imagine a small shop that's going to be the whole price anyway.

Well, no, there's costs, and there's profit right on top of costs, and that's what the consumer gets charged. But my point was they both they both messed up. They both mismanaged this process. So let's just get this lady's car back. And so I asked for that amount. I emailed them both simultaneously, and I said, Chelsea, if they respond positively, see what the amount is and let us both let us all know if this is acceptable to you.

And then maybe payment.

Yeah, yeah, let's see what the amount is. She may be abole to cover it right off the bat. If not, then it sounds.

Like and they sold it with a transmission problem even though it was as is, maybe something should be I don't know, maybe something should be done. Is this two pages?

Is the entire warranty? Two pages?

No, you've got two files in there. I got I got this thing that the car's protection plus rejection letter, yep. And then I had the other one, which is okay, the whole warranty flex protect.

That's it.

Yeah, okay, yeah, it's more than two pages.

Yeah, no, I got it now.

Yeah, I read the entire thing, including the bold capital letters that says that if you do not get our approval prior to the repair, your claim will be denied in bold capital letters.

Yeah. See, you guys are looking at the process. Yes, I'm looking at would it be covered anyway? So I'm going through the covering. It's so that's very clear. Yeah, well it's not very clear. Actually you're saying it's very clear. They would have replaced the transmission. It's clear what you're doing. Yeah, So I just want to see what they say about the replacement because they say schedule of coverage coverage under this agreement includes components listed in this section, and then

We don't even need to go to the exceptions because the relevant part is that it covers the valve body. And Kevin from Shared autottech to me that that mectronic component is also know that that Nichols replaced is also known as the valve body and that is covered on that Schedule one Automatic Transmission Repairs Components.

Now, so it's talking all about and you seem to highlight this damci. But see he didn't have this in front of him. It would have been wonderful if you had it been It spells out every single step your repair facilities should do. Your repair facility should do this, Your repairs facilities should do that. Yes, okay, well okay, sir, you didn't do step number four A subsection B no time. It's not that silly.

It's it's not that silly because after fifty years in business, as you said, he or any of them.

How many warrant okay, how many warranties do you think they're all the same?

Man?

How many they're all the same. They're all exactly the same. Are requirement.

I mean, could could share an autotech tell us about a warranty company they deal with that does not A require an approval and B doesn't.

Have I never said a warranty company does not require approval.

I never said that. Ever, what I said was this.

She never, first of all, referenced to warranty once, not once in writing number two. If she referenced it verbally, can we say that she handed Is it reasonable for her to say I have a warranty and then expect him, with one phone call to discern each and every term in condition that warranty entails. Come on, bro, come on, yeah, that's reasonable. It's not reasonable one phone call and this mechanic should digest this entire thirteen page agreement.

Come on, man, the law. Let's be honest about what the procedure is based on his experience.

Now, I think what he was what he did do that was stupid is did the repair Because if he would have called them and said listen, or he should have called her and said I need to see this warranty because I don't want to be stuck with the bill, that's what he should have done. Agreed, absolutely should have done that. And I just don't know why he didn't. I think he didn't do it because he got the

No, but it's reasonable for him to call and get the requirements to get the coverage.

And where in the contract does it say that on that workloader showed me to me because we usually we usually go by riding. Missishimmer said that, but he should have should have put that in at least in the warranty, that this is a warranty repair or something. YEP, I agree, I agree. I'd like to know why she didn't. I really do. And as long as we're talking about this damn thing.

I don't.

I've never put that on any invoice from any of my good years ever. This you just deal with the warranty company. You call them up, you get the approval and that's it. They go over the exact pricing, they send out an adjuster if it's a certain amount, and it's the same with every one of them.

Okay, so get the get the recording of the phone call that yeah.

So so if I remember from this call last week, this Chelsea week, here, here's what.

I'm going to do. It sounds like you're taking a breath and you're going to be filled with words, which I love.

But let's do it after the break.

I'm Tom Martino. Three oh three seven one three talk seven one three eight two five five go with a sure thing Denver's Best for 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 oh three seven to seven to

That's not an easel.

I annoy Hi Tom Archino here three oh three seven one three talk seven one three eight two five five Okay, Frank Arand the real estate Man. Free valuations of your home. It's really important now because prices are all over the place, and he'll give you an evaluation what your house will sell for for no charge, no obligation, never an obligation. He'll go through every single detail three all three nine two zero sixteen twenty two. It's a free complimentary charge. Really,

I just want to call in and thank you. Thanks everybody so much, train and u JJ have that put that mogor in Mo did a wonderful job.

Thank you.

Tom did a wonderful job, especially him.

I thank you.

Yeah, I had. I was so cold that stuff. When I got my furnace, I couldn't believe how much warm up I became.

Oh that is that's so nice.

Yes, you know what, Deputy Bow, he did a great job.

Yeah, you know.

He had told us your story a few times each step of the way, like when they went out and looked at it, when they took out the part, when they went to train, when they got it donated, when they got somebody to put it in, bla, all of that. But we never heard from you directly until now, and we so appreciate it. Earlene.

Did you are you staying warm now?

Yes? I am one percent warm.

How old are you right now?

I'm sorry?

What how old are you right now?

Oh?

Am eighty two?

You're eighty two, two eighty two? You know what that You're lucky you called in because we don't help people over eighty two. We only help them up to age eighty two. So you got in just under the wire.

Oh well, that's wonderful, that's wonderful.

I'm just kidding her, ear Lene. I'm just getting we'll help anyone. But you know what, I'm glad that you're staying warm. Thank you for and your daughter, by the way, she works two days a week and tries to uh, she tries to work out, you know, work help you out. And then she's got You got two grandchildren. How are they doing? Are they just graduated? Are they going to college?

If you.

Can talk, I imagine they are. Anyway, So we're we're back. Okay, thank you, Earlene.

I appreciate that boat. I'm glad everything's working well. And you've got basically have a new furnace with a new parts.

No, no, I know that's what I you know, bo, bo, that's a really good thing you bring up. People don't do parts anymore. They do either remove and replace if it's big enough, or they just replace it. Now, before we went to break, you were going to say something about the warranty issue. Go ahead, first one, you give you my dinger.

I don't know that's that's for the first I already got done for this one, but early. And I'm so happy for you, I know. So you got to have a suggestion for Dimitri. So Chelsea what she called last week, she went to another company and she got a diagnostic done with the photographs.

And the data before before. But why can't we go to this other company.

Have Chelsea go to this other company and get this data and photographs and submit it to the warranty company because they probably wouldn't mind where the data. I think that's the issue that the warranty company does not want to pay because they don't have this data and photographs.

Yeah, they're not anybody. They're not going to care about any of that though. But another company did all the warranty company. They're simply Although we have in the past when people when procedures weren't followed properly, we have in the past, not necessarily auto repair companies, but we always pose the question, what if it really was needed and it was this, and it was that, and we can show that to you, would you make a different would

This, but Tom and bo In my view, warranty these warranty companies exist for two primary purposes. One is to collect premiums and the second is to deny claim.

That's right.

So even if we could make the case that they would have paid something for this repair, their case rests not on that but on the bald all capital printing that spells out the procedures that must be followed. Or and I'm quoting directly from the contract, your claim will be denied, and I just off.

With the warranty company. They would have to she would have to basically, she'd basically have to have a lawsuit in order to get to that recording.

They're simply not going to give that record. Boarding out period, end of story, you know.

So that's that. Yeah, yeah, so okay, hey, we got two hours out of it. Now what we have here, Mark, is this, We have the mechanic, and then we have, in uh Mark's estimation, the warranty company. Heavenly, okay, let's move on. Three O three seven one three talk seven one three eight two five five. By the way, any warranty companies want to advertise, you got Mark right there willing to carry your water because you are holy well.

First of all, I did the entire poll, and you know, out of a basically one hundred and.

Oh yeah, like I really care, I really care about the morons. I really care. That really tells me to say it would never have happened that way. We had Jeff vic say it would have never have happened that way. They both think it was course of what fault. Yeah, so he should eat the entire repair. We've already established should should But yeah, at the point he's at, that's true, and that that we agree on. We absolutely agree. Cost your money? What'd you say, dragons? But I wouldn't cost

But it was wonderful. I Conan O'Brien is a talented man.

Well obviously he didn't write everything, but you guys ought to go back and catch some of it. See if anybody else did. What a wonderful show. I really and I hate those shows. We got more coming right 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

We don't have a lot of time to do that.

But you know the winning movie six million dollars that took to make, and they didn't use the studio. And now one of the reasons, I think most fifteen million dollars, that's peanuts.

Oh it's less than peanuts.

In fact, I think one of the reasons is because they didn't have a marketing budget. But my god, it's amazing to me that. I mean, I not only didn't I ever hear the movie, I never heard of the director, the screenwriter, the actors anyone. Anyway, we have a lot more to talk about on The Troubleshooter Show three three seven one three Talks seven one three eight two five five. Will continue with any all problems, questions and complaints you have.

Come run ins as as we can.

Shooter's gonna help.

Come man, this is.

The Troubleshooter Show. No Tom Martino, Hi Tom Martino, your troublesh three oh three seven one three talks seven one three eight two five five. We're here to help you solve problems, to answer questions, to take complaints, to make your life a little easier, as we've been doing for forty five years or more.

And you know what, we love what we do.

We even love it when we get problems we can't solve, but there are lessons to be learned. Then there are problems we can solve. And uh, there's all kinds of in betweens. Uh, let's do this follow up right here, and our number to call any time, by the way, twenty four to seven. You can use three oh three Martino, three oh three six two seven eight four six six.

I'm trying to find it. I'm looking at my history.

We called in on November eighteenth and the eleven am hour.

Oh, oh my goodness.

November November Wow, that's ancient history.

Joe.

What happened November fifth? Thank you, by the way, bo for keeping such good records.

What's going on, Joe?

Back back in late September of last year, an old friend of mine posted up on Facebook that, Hey, this company I'm working with we're getting into plumbing. I need some help with the boiler package. Can anybody out there help me? Well, I still have an open account at one of the supply houses, and I've known a guy fifteen or so years. I thought he was a good friend. He's promising to pay cash. I said, absolutely, let me just get it set up for you to be able

I think I remember hearings. Did I take this call or did Mark take it?

I come, I think you might have.

You came home about mechanics. I can't find it for some reason, but it's not a big deal. I can't find it, but keep going. What happened then?

Well, anyway, the bill comes in the first of the month and I'm like, okay, Tim, Hey buddy, I need to get paid. What do I need to do here, and he said, yeah, send me the invoices. I send him the invoices and then he think, oh, well, hey, I have to go through the money guy, my partner, so you need to send it to him. So I sent it to him, and they promised to send me checks, and I mean I sent them both the invoice and

Bottom line, where are we going with this?

Bro?

I mean, so you got screwed by a buddy bottom.

I've been ripped off by buddy and by his company. And I filed a lean against the home. But in order to foreclose the lian, it's going to cost me ten twelve grand, which I can't get back.

No, no, no, that is that is that is absolutely not so, sir. And I found your call. So okay, you got a judgment for how much? How much do you have the judgment?

Have no judgment, Tom. What I have is I still have about twenty four hundred dollars outstanding in order for me. Since I loaned the material basically through my LLC, I can't represent myself in court and I can follow the lean which I did.

You absolutely, you absolutely can represent your LLC. I don't have any idea what you're talking about. Is it a single person LLC?

All right, my company is a single person LLC.

Yeah, then it's a disregarded entity for purposes of legal procedures. You can go to court and and it has nothing to do with it. You can go to court and you can sue. Okay, you can sue for your money. But here's what I want to know. How did you get the rest of the money? Was it just because he just accidentally did the right thing?

No?

I can answer that one, Tom. We just kept uh.

I talked to my bank and he made my bank president made a call to his bank, and he gave us some ideas on how he could just keep slamming the check into the bank.

And he did get some money. So I do want to know the guy only got how much? How much did you finally get half of it? Right?

I have three thousand, got it of fifty, So I'd like to speed this up a little bit, Joe, you know, so the crux of the man. We've been working on this since November. Joe properly filed the mechanics lane. He got some advice from Brad O'Brien and he wants to for a clothes on the lean and he wants to file a less pendance. So our question is can he legally file? Can he file the less pendance without a lawyer?

And Will Well, you can do anything without a lawyer. It's not a requirement you have a lawyer, but it's very difficult to do.

Okay.

Now, the next question is can Joe recover the cost because he got quotes of like ten thousand dollars to go to court the fun Kales mechanics.

Let's talk about this.

He has a twenty five hundred dollars balance for the and he put a lien on for the balance. Is that right? Okay? That you're very very good so far. So you got a lean for twenty five hundred. Is that home meant to be sold or is it his personal residence or is it a client?

It's a client.

It's a multi million dollar home in Castle Pines of a lab And why isn't this owner of the house making noise to get it paid? Why wouldn't this owner care? So you can answer that one, Joe.

Well, she's saying, I've already paid for all of.

This, and now she can get out of it.

You know, you understand that if you go through all this trouble to foreclothes on this Lian, she can get out of it. She's got an affirmative defense, big time. Yeah, and tell her what telling Mark what he has to sho you at the homeowner. He's paid.

It hits her primary residence in Colorado, and she can show that she paid the contractor the g the GC in full, that Lian will drop or you'll lose your court case. It's an affirmative defense, meaning that's her whole defense.

Does it matter, so, Joe, if she really did pay just one second, Joe, one second, If she really did pay the general or the plumber in full, or the plumbing supplier or anyone, that's all she has to do and she can get out of this lean and your lean will be dismissed.

Okay, Now, does it matter if her primary residence is owned by a business.

No, you're you're nitpicking there. I don't believe so.

Now I'm just asking it's owned by a business.

But let me ask you this. Do you not believe her? But Joe, do you not believe her?

Do you think she's trying to screw you to No?

I absolutely believe her. But she is ticked off me because I come to find out that the guy is not a license general contractor, he's not a licensed mechanical contractor. He's not a licensed plumber. Hell, he even lied about his journeyman plumbing's license.

So I called, so, what does this have to do with the homeowner?

Pardon?

What does this have to do?

You shouldn't be crossways with this homeowner. She's a victim too.

She's angry at me because I followed the lean against her home when she's already paid for everything. She's like, my problem is with aterneral contract or, not with her.

Well, she can get that.

Look as soon as she goes to an attorney, any attorney worth their weight is going to know how to get out of this lean. The lien is going to be You're going to just end up letting it drop off.

You realize you got to take her to court and actually get a judgment that's part of getting the lean.

Yeah, that's part of you got Well, you have to start. You don't necessarily have to get a judgment, but you have to start for closure within how no, no'st He absolutely has to take her to court and win whatever he's leaning her house for. That's part of perfecting the lean.

Then he can go forward with foreclosure or trying to collect or doing what.

Okay, I thought it was done in one fell swoop, but it doesn't matter. Whatever it is you have to do within four months. Did you do it?

He did it all within time? And Tom, I think Joe has a right to put a mechanics lean on the property, whether it's her property or rental, because that's what the mechanics lean is all about, is to protect the contract.

Bo Bo, did you bo help me here? Did you hear anyone say he does not have a right to put a lien on there?

I think he does because she did pay Bo.

Did you hear anyone say he does not have a right to put a lien on the home? Now?

I thought you guys are saying that he didn't and it could be dropped.

The lean could be No, here's what we said. You can put a lean on a ham sandwich if you want. What we were saying is, according to the laws of Colorado, he has a she has an affirmative defense that can get it dismissed tomorrow, whether you like it or not. That's the way it is, unl unless the home is not his prime If the home is not her primary residence, then that's different. But if it's her primary residence, then she can get it dismissed pretty much he needs.

The property must be an existing single family dwelling unit that the owner occupies as their primary residence, and the owner must have paid the full contract amount.

I believe to be on the shadow of a doubt that she did, so the lane's basically worthless.

What you guys are saying, since it's her primary residences.

If she's stupid and doesn't hire an attorney that would use that reformative defense.

But there is another way around this, Joe, why don't you just get the twenty five hundred reduced to a judgment in small claims court?

Well, I've I've had issues with small claim court collections.

Well, hold on, hold on.

Hold on.

You said two different Joe, you said two different things. You had issues with small claims court and collections. Which one did you have the issue with?

Well, I got my judgment on a different case totally in small goods good and then was never able to collect a debt.

Now why was that?

Tell me?

I want to know why why were you able to collect ton?

Because the sorry soob lied and he refused to pay the money and the court doesn't give you any real way to force them to pay the money.

So it only we're right, Joe. But Joe, kind of right, You're kind of right. They can hide and squirm and it's a pain in the ass. But what you don't understand, or maybe you do, maybe you do. You can take the twenty five judgment you get here, and when you go after the guy, you can hire a legit collection attorney who can add the cost of their collection on top of it. That may be the way to go, Joe. Is this hiring a too?

I have to do to do the collection?

And if you get a real now now, I will tell you, Joe, there might be some that will be hesitant to take a small judgment like this, but if they can add to it the cost of collections and you get a normal default, I'm missing something. I want to ask him again, do you have a judgment?

No?

Well, no he doesn't.

Well then, I mean he's got to perfect that lean. Do you not understand you?

Mark?

Take Mark, we're not talking about the lean now, Mark, We're not talking about the lean any longer, because he can go through all that trouble for the lean and she can get it dismissed. That's when we were talking about just the twenty just the twenty five hundred. She owes that this guy owes directly the contor get a judgment for that twenty five hundred, and then he can get somebody to collect it. I mean it's gonna cost you fifty bucks to do it, Joe, get a judgment. Yeah,

My sister got into an accident early February and.

It wasn't her fault, so she believes. And she was in a roundabout and the car veered over and hit her.

And yeah, at the sight of the accident, she was.

Under the impression that the police were like the other driver got a ticket. He was driving with a permit, only he was distracted. He had gotten a ticket, that it was under the assumption that it was his fault.

Come to find out, now.

Are you sure? Hold on? Is she sure you got a ticket?

Yes?

Okay, So what happened? Did the other driver? Did the other driver swerve in tr lane?

Yeah?

So he was okay, so keep going.

What happened then?

So?

Uh, she got a call like twenty four hours later. Coincidentally, both of them have the exact same insurance progressive, and that adjuster said, you need to sign off on this, Cindy. It's your it's your fault, and we'll just you know, and you're going to probably have to come up with a difference.

And my sister said, wait a minute.

It's not my fault.

It was clear there.

I don't understand, and please do not pay that out. And they were waiting for the accident report.

And so she was.

That went on for weeks and then finally got the accident report, which doesn't say anything.

That it wasn't her fault or that it was his fault or and and she's.

That you got a ticket or anything.

And so we're kind of okay, the ticket, let me explain, Pamela, let me explain something, so we don't have to go further on that ticket. Sure, the tickets do not usually are there. They're not the deciding factor on liability for the accident, just so you know, but the accident report can be. But you're saying the accident report does not show or does not really name an at fault party. Correct.

It doesn't say that he didn't use a turn signal.

It doesn't say that he was distracted, right, it doesn't say it doesn't do any of that.

And so okay, so where do we stand right now? How does this affect her? Where do we stand right now.

How it affects her is that it went from her leaving the scene thinking that it was his fault and that his company he was going to pay for it, to all of a sudden it being her fault and she's going to have to come up with a difference of five thousand dollars, so to speak.

That's what the.

Adjust o case said.

This is the part. This is the part. I don't understand the difference. What are you talking? Maybe she doesn't have full coverage or comprehensive I have, I have COMPREHENSI well, comprehensive wouldn't have anything to do with it. Hold on, Pamela, this is a collision claim. What I need to know is is this person claiming personal injury?

No?

Okay, then what supposedly it's she's got twenty five thousand dollars and the thirty thousand dollars car, and so the adjuster was saying that she's probably going to have to come up with the other five thousand.

Okay, hold on a second.

Let me let me explain this to you. She has state minimums probably twenty five point fifty. So what you're saying is, and I want to get John Fuller On. So what you're saying is she'll have to come up with it. Well, that's not true ninety nine point nine percent of the time, Pamela, because what happens is for them to get the insurance settlement, they have to they have to waive her. They have to give her a waiver. They have to give her a release, or her insurance

Agent is a scumbag. Okay, that is highly unethical.

Hang on, I want to talk to actually Compass insurance group coming up, and we can also talk to John Fuller. This is really important.

We don't talk about it enough.

But when you both have the same insurance company, that insurance company fights for their own rights and what will ding them the least, And that's what they're trying to do here. They're trying to trick you into saying, well, Pamela, you're gonna have to pay the difference because they don't want to give this guy, give you a complete release if this guy gets the twenty five, because then he's gonna go to his own coverage for the extra five and they don't want to be out the whole thirty.

Put him to the test.

That's eight eight eight Heating dot Com three oh three seven seven zero two seven, seven six Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three, seven to seven

Tom?

There's only one insurance company that I see routinely put their interests so blatantly ahead of their insured and it's progressive. Okay, I've seen him do this multiple times over, especially in the medpay context, and especially when you've got you know, progressive insurance getting into accidents with other progressive insurance. You're absolutely right, they're certainly putting their interests ahead of their insured. If I were this caller, I would simply say, no,

So I was right on Pamela. John Fuller is way more experienced. And Pamela, did you hear what he just said? Yes? Yes, Now you know what to tell your sister. She says, Listen, you have a fiduciary responsibility to settle this on my behalf. I'm and if you settle for policy limits, you better damn well get me a release. And if you don't, then let this guy come after me personally.

Okay, Can I ask another quick question, Tom, Yes, you can to John Fuller directly.

Why let's do that? Go ahead?

I just as we stated this, this kid was he merged. He didn't, you know, signal he was at.

Fault, according to my sister, And the takeaway when she left was that it was going to be written up as So what can she Pamela?

I mean, is there, Pamela, I know what you're going to say. What can she say? You know what to try to argue fault at this point truly is feudal. What difference does it make she's covered? Okay, you know I know you're thinking, Wait a minute, she wouldn't have to worry about this five grand at all. If it's his fault.

He'd have to pay all his own Look, I guess what's happened to no fault?

John? What do you have to say?

Go ahead, John, So great question.

No fault has absolutely nothing to do with property damage. That's a twenty year old you know, insurance regulation that was completely to do with who and which company was responsible for pay medical bills, has nothing to do with where we are today. But under today's rules, here's what

Or what about this, John?

Final?

What about this?

John?

What about this? What if she says, okay, you know, pay out my policy limit and get me a release, and after that, can she go after the guy for damage to her car directly?

Yeah?

I mean technically that release that.

I mean, yeah, the release that her insurance.

Company gets for paying that guy's damages. You know, it won't be a very good fact if you go to court and the guy says, look, your honor, her own insurance company decided that she was at fault and paid my damages, and now she's wanting to come in here and advocate that I'm somehow responsible for her car. It won't be a good fact for you. But but that release that has to do with that other guy's vehicle is not at all binding on you for your vehicle, So I mean, technically you could.

Yeah, it would be a great day for it.

But okay, John, I really appreciate your information, though John Fuller, as I said, you can always call him for information. Three zho three five nine seven forty five hundred five nine seven four five zero zero.

Do you have any other questions from Pam?

Oh? That that's it.

I appreciate it.

Thank you all right.

I think you got really good information and you probably saved your sister five grand. We have more coming right up. Go with a sure thing Denvers 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 umpass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven

They're doing them.

Talk to our friend John over at CMG. They're really good people. And the number is three oh three eight A two sixty six seven nine partner in lending dot com. All right, so let me see who is going Marcus. Tell me about a possible scam you think might be going on. What's going on?

Yeah, Tom, I've been listening to.

You first time callers since nineteen eighty seven. I used to watch you on TV.

Holy crap. Thank you so much, really, I appreciate it.

Yeah, and it's good to talk to you.

And uh, being a senior of these days, I mean the old Italians, you hang out, work hard, and.

But these days on.

Social Security insurance benefits.

And yeah, the problem is that they keep calling, and you can get on the cec F list do not call, You do a lot of things.

They call morning, day.

And night, and you can use it. Well you know what I actually actually I'm not. I often wondered about that do not call this? Who the hell enforces it? Nobody?

And you could block those calls, and they keep coming across, so I started using.

A well, different numbers come across.

So what's on right now? Though specifically right now? Which one are you calling about?

There's two in Colorado that keep doing this and one of them is Mercury Leads Incorporated during sixteen seventeenth Street, Denver, Colorado, eight.

Zero two zero two.

Anyway, tell me about what what are you what has you upset about this particular call?

No, it's not just them, and there's one out of voter to envoy good.

So are you basically calling to bitch about the unsolicited calls?

Right?

Yeah?

And you can block them, you can do everything, but you cannot stop it. And they're using phony phone numbers.

Tom, Well, yeah, that's why you can't block them, because they they heap, they get what did they call it? Rotating?

Right?

They keep rotating those Dmitri. You have a campaign against them, don't you go them on secretly? Well?

You know, I just kind of dove into it about a year ago because I was sick of the spammers, the living text messages and calls to me. And it turns out that's totally against the law, and the law does provide for significant penalties.

That we have collected. Get on any of them?

No, I have four active cases right now, and none of the four have they haven't come to trial and they haven't settled yet.

How much are you asking for in each one?

Fifteen hundred per junk text message. So what if you don't have a text but you have a call like this same thing? Say, how do you prove the call? Well, they're right there on on my voicemail.

So I created a recording that I submit as my evidence of the court and a screen shot.

And so it's really it seems to be, Hey, Marcus, have you ever thought of suing them?

Yeah?

And then it's on boy LC out of a voter Colorado and it's Mercury Leads Incorporated out of Denver.

But it's hard.

Yeah, I mean, it's nothing new, there's all kinds of But why don't you get the information on them? And maybe Deputy D if you want to call us back, will help you with the logistics of going through with it. 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, pay too much your coverage at dozens of insurance companies. Find out now three O three, seven

News need advice so you don't have come run in Just as status as we can.

Shooter's gonna help come.

This is the Troubleshooter Show. No Tom Martino. Hey, I'm Tom Martino, and I thank you for being here for the show. And we love talking about everyday life, the things that make you tick and the things that tick you off. So we're gonna go to the phones and hope we can make a difference in your life. Right now, let's see whose turn it is. It's uh, it's we're gonna talk about the HVAC issue here with Phil. Hi, Phil, what's happening? Good?

Uh?

Afternoon, Tom?

What's going on?

Can you hear me?

Okay? I had to step outside from the office for a connection.

Yeah, I can hear you.

I can hear you.

Fine, okay, all right. So I'm in Colorado Springs and one morning woke up and it was cold. My furnace wasn't working. So I called this company called Affordable Plumbing and Heating, and so they came out and looked at my furnace and turned out there was a micro process around the searcher board on the motherboard that was burnt out, so long story short, replaced it and they charged me four hundred dollars labor, which they still haven't recognized to

Ptill. We get calls all the time. We get calls all the time about pricing and when people have no heat. And one thing you mentioned though that I just want to dispel. People think now they can be if they insist on it. But people think they're entitled to some kind of detailed bill, and they're not. All they're entitled to is a price, and then you agree to the price, and it doesn't matter what they pay for the part

Correct?

And what was the total price? What was the total price? Let me grab the invoice real quick, and which and which circuit board was it?

It was the main the main board, the motherboard, okay?

And was it the main board on your furnace or on an auxiliary unit.

I don't know. On the furnace, it was inside the furnace, okay.

And what kind of furnace.

The brand? Yes, yeah, I'm not sure if it was. I don't have that in front of me either Lennox or okay, okay.

So they replaced the main circuit board. And how long did it take him about?

It took him less than an hour, because I mean I helped him troubleshoot it because I'm not stupid. I used to be a realtor. I've talked to you with many h back people and so you know, it was just my fan wasn't coming on, and my combustion was working, the ignited were coming on, everything was flying my so it was just the motor wasn't coming on. So it was that process of that that sense went to come on, but it wouldn't turn the fan on.

And tell me why you had to help, Tell me why you had to help?

I don't help?

Or or are you one of these guys that supervise everything? You got somebody come over and you're the expert. There are homeowners like that. Are you that kind of person?

Well, I'm not the expert, but I want to make sure that I'm I'm getting charged for what I'm actually being done. I don't want to be told that something's wrong and something isn't wrong.

Okay, So how much were you charged? How much were your charge?

Charged? It six d and fifty eight dollars and thirty cents, okay. Wanted to charge me more, but I asked him to give a military discount or anither kind of discount. So he was kind enough, I guess, to give me ten percent off of his overly high price in the first place.

So what so what was that?

You know? I love your little comments about overly high price. I know companies that would have charged fourteen hundred for this, so just so you know, and I know companies that are legit that would have charge fourteen hundred, and I know companies that would have charged five hundred. Okay, But the point is this, you could have said no, did you ask for an estimate? Yeah?

He told me what was going to cost?

What did he say it was going to cost.

Over seven hundred, like seven hundred and forty dollars? And I thought that was because well, first of all, first of all, driving driving time to get the part was like forty five minutes to an hour. All right, so I'm getting two hundred dollars.

I'm just asking you. They gave you, they gave you an estimate of seven hundred dollars, right.

Right, And then what did it end up costing?

Why, he ended up giving me a discount. So it ended up costing six fifty eight.

Okay, six fifty eight. So what are you calling about today? What would you like us to do?

I'm just calling it.

Ask I guess there's no regulation as far as what HVAC companies can charge you during normal duty hours. I mean, this wasn't like after hours and emergency and they had to get out of bed and come like a firefighter and sing.

You know, there's no regulation. There's no regulation fill on any company that can charge anything unless it's a public utility company or a granted franchise where people don't have a choice.

Then coming after a natural disaster disaster, well that's those are special price hold on not to muddy the waters.

Fill, but that's for special like plywood and stuff like like a lot of companies after a disaster will go out and just rake people over the coals, and there are special price gouging laws for those specific things, but for what you're talking about. The quick answer is there are no regulations. Thank god, fail did that six hundred.

Phil.

I think you might find some regulations in Moscow still and maybe in Beijing, I think, but you're not going to find any in the USA.

Phil, this is bo Did six hundred and fifty eight dollars price include the service text time to go get the part?

Yes? Yeah, yeah, the part was and fifty bucks.

You know, Phil, that's reasonable. I probably would have.

I was gonna ask you both that.

I don't know. This was more It was more than reasonable.

Yeah, I mean because the labor rate to the company is the same whether they're working on your furnace or have to drive in traffic to go pick up the part, they still have to pay the laborry. If you got a motherboard on like an eighty percent furnace, which you probably have, Phil, that's a very reasonable, below average price for what you got.

Yeah, and I know you're upset, Phil, I understand this, But do you really want do you really want a country where we have price controls?

So two hundred dollars an hour is not too high.

Most mechanics charge more than that. You go to a dealership and have an alternator put in. They'll they'll book it out at two hundred and fifty plus hours.

That's a trick. That's a trick question. That's really a trick question. He had a no here situation. They found a part, located it, installed it and the main circuit board, and they were efficient about it. It took them, he said, less than an hour. I doubt it, but he said less than an hour, and they charged himself six hundred and fifty eight whatever. So the question is is that labor charge reasonable? I don't know. There is no such thing as reasonable. I'd say if he agreed to it,

No, well, the story is a little bit deeper than that, do too, Okay, No, I just want okay, let's.

Hear the real story. That's what I want to hear. What's the real story. Let's hear it. After the break all right after the break, I want to hear the real story, he says, it goes deeper. I definitely want to hear how it goes deeper. Okay, So hang on three oh three seven one three eight two five five kinhe Home Solutions remember windows, siding, doors, and more.

Kanh has what you're looking for.

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 humpss 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

Yeah, I'm here. So yeah, No, it didn't takehim one hour. Took him two hour and one hour driving for the part.

Oh I'm sorry, okay, and then whenever.

Yeah, so two hours total.

Okay. No.

After the fact, I just felt that it was unethical for a company to come out and you know, in your time of need, I mean, I wanted to heat.

So when he told me how much.

It would cost, what was I going to do?

Say?

Oh, well, you know what, I did, try.

To get a discount on it.

But what are you going to do?

Say no, I'm going to call another company and go through this again with another company and then pay your service feeding, you know. So it's like they have you body.

No, I know what you mean, Phil, Phil, I Phil, Phil, I get what you're saying, by the way, that you're in a vulnerable situation and you should call a company that you know and trust, because that could happen. They can take advantage of it in your particular case, you were not taking advantage of in my opinion, and I think eighty percent of the time you would have been charged way more than that. But what else is that? How deep the story goes versus deeper? No?

No, no, So so I was going to research the company. So I looked it up on the Colorado Business Antique search, and this company doesn't exist. They were dissolved, like I don't know, eight or ten years ago, I forget exactly. So I did a little more research. I called the Pikes Peak Regional Building Department here in Colora Springs, who does all the permits and stuff. You probably know that, and they hadn't till May.

I ask you something you got, You got the heat, and you paid them a fair price. So why are you wasting all this energy you think it's going to get you some money back?

How was you trying to make sure they're a legitimate company?

Well, why why didn't you make sure they were legitimate before you called them?

I mean, if they did, they asked you when you call a number, and they're I'm asking.

Phil, I'm asking why you didn't do due diligence before you called them? Why why after Why didn't you call a company that we know and trust right off the back? Why didn't you call plumb Line or fix It or any other company that we know? Eight eight eight heating?

Why didn't you call companies.

That were that?

How about that?

Why didn't you call someone from the referral list?

I've been listening to for for many, many years, but then I moved to color Springs that I hadn't listened to you for a long time. I just found out you were honest, like kind of didn't gone on me to look you up again.

Well, yeah, you would have found Smith Plumbing, Heat and Cooling, electric drains, totally honest, wonderful company. But listen, it's I get what you're saying. So now you're looking for trouble for this company, and what's your end game? You want to get a discount or what you want to put them out of business? Tell me what you want to do for a company that came to your house when you had no heat and charged the fair price to replace your main circuit board.

Tell me what you want to do to them.

Well that was a big thing, the fair price. If you're you know, legitimizing this, tell me how.

Much No, No, I want to know in Phil's world, how much is a fair price? Phil?

I want to know in your world, how much is a fair price.

For an hour of work with the h vrack company.

I looked at it.

You said it took him two hours. You said it took them.

You said it took them two hours.

I know that they charged me two hundred bucks an hour. It's four hundred dollars for two hours of work. Okay, okay, the industry standards.

So how much should they have charged?

Phil? How much should they have charged? What should they have charged? One?

Seems ethical to me?

Okay, seems ethical? Okay, Now, Phil, what kind of business are you in?

Well, I'm retired military for one thing. But I oh cars for auto for auto company. Now I came out of retirement.

Okay, what do you wait? You're a whostsaler.

No, no, I'm a car buyer my cars.

Yeah, but when you buy them and then you resell them, right?

Uh?

Yeah?

The company result them, yeah, the dealership result them.

Yeah.

How much do they resell them for? Let's say you buy a car for five what do you resell them for? Is it reasonable? Well?

It it all depends what we buy the car for, because.

Well, I want to know. I want to know. What if you get a car? Wait, what if you get a car that's worth five grand but you only pay two grand for it? Tell me do you sell that for what.

It's It's never the same. Sometimes we lose money on cars.

That's really Isn't that something? But let me ask you, does anyone regulate what you can sell that? Does anyone regulate what you can sell that car for.

Other than Kelly Bluebook and the dog it?

That's not a regulation. I'm asking you who regulates what you wait, who regulates who.

Can buy that car and how much?

Dealers set the price and the public sets the price basically because they're not going to buy something that's overpriced.

Really, okay? Is desperate? What if someone is desperate for transportation? Yeah?

Un listen to a vehicles you really want badly, and there's the supplying demand, the good old supplying demand.

Okay, except when it comes to no heat, no no, no, Hey, Phil, Like I said.

I didn't kill two o'clock in the morning. That's when I expect to pay a premium for them to come out.

You didn't the only part what time did you call the only part we all disagree on with you is you got a fair price. In your mind, it's not fair, but every other company would probably charge you more, and I think eighty five percent of them would charge you more.

Maybe.

Hey, guys, I think there's something missing from what Bill Phil actually paid for. It's not just the two hours of the mechanics task trying. It's the education he had to get. It's the training, of.

Course, the insurance, the workman's everything. Yeah, the gasoline.

It's it's also his ability to respond to Phil's call so quickly.

So that's really what you're paying for. But listen, here's the deal. Phil's involved in one of the most dishonest industries on the face of the earth, automobiles, and he's calling to bitch about two hundred dollars an hour.

I'm done, Thank you Phil.

By three oh three seven one three eight two five five. Let's move on to somebody with a real problem. Katie, what's going on with you? And sill?

I thank you for taking my call.

Tom, I have what's happening?

Well, I have we hired a contractor and he was a friend of ours, and we did cardinal rule that we shouldn't have done, and we put gave him money upfront, but he said how much?

I gave him ten thousand.

Dollars and and what was it?

What was the ten grand four?

Well, he said he was going to use it to pay things, mostly for our permits through Jeffco.

Okay, what was the name?

What was the name of the contractor?

Well, I don't really want to tell you right now because I just kind of want to keep it a little personal. He was a friend and he has since passed away.

Oh okay, all right, but we were.

Granted our permits, so he did pay our initial permit.

Fee with it.

But there's a seventy five hundred dollars balance, and like I say.

Right, oh wait, wait, there's a seventy five hundred balance that went to his estate.

Right, yes, exactly, now I'm learning. So we did file a claim against his estates through JEFCO. And we heard from his attorney that it was denied because they claimed it was filed against his personal estate and not his business. Now, his business is not an LLC from what I can determine, I'm not exactly sure how his business was held.

All right, I want you to hold on, hold on, We're gonna get Dan McKenzie on. Let's let's get in a state attorney on who knows about these things? I'm Tom Martine 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

Uh, Brian, Hey, Tom, how's it going today?

Good man? What's happening?

Good?

So, I guess part of it's going to be informational. Part of it's going to be, you know, uh kind of looking for some feedback from you. But sure, put some put earnest money down on the house. You know, looked at the house, liked it, put the earnest money down, you know. Uh, started on inspections and and when we originally walked to the property, it does have a leech field, you know, in a septic system, and we noticed that the leechfield was a little damp looking, even though the

When you said it was a licensed contractor do you mean licensed with the Health Department for septics.

Yes, yes, license with the Health Recepting Inspection. Got it, and so of course it failed. And uh then you know, up to that point that the seller had been saying, hey, you know whatever, you know, whatever we need to do to make the deal, you know, whatever I need to repair, no big deal.

So we let him know.

Well, I don't care, way, Brian, I don't care what he said. I don't care what he said. What I care about is the amendment to the contract that said it would be fixed.

Uh, getting to that, but yes, we actually didn't get that far. He then came back and said, I absolutely unequivocally refuse, you know, to to pay for any leechfield work. So you know, of course we have the ability to get out of the contract.

Yes, of course, of course.

And this is where this, like I said, we ended up canceling. Are in sure getting you know, doing undoing the deal basically, but got it where I'm going with this is you know, where where is the function between either health department or or and or these sellers, Because what this guy did is he had his own guy come out pump the tank and do an inspection it

People do it all day long.

And then he.

Actually gets another guy out there, so he's been shopping around who passes it sure? You know, ultimately now that he knows it failed twice, if he doesn't put that on the disclosure notice and doesn't disclose it to the next buyer, you know, they probably just switched the zones so it'll dry out and it'll look like it's working until they go to switch to the.

Two zones that are sure. Sure, And you know what, I guess we're we're.

Just it's kin like I said, it's kind of twofold. You know, just wanted to express what happened and for people to watch out. But also, you know, what is uh uh, what is that next buyer's recourse?

You know, when it's so nice that you care about the other buyers. But here's the bottom line. It's up to them to discover it, and it's up to them to make an exception. And if they don't, who's to say the third guy isn't right and that it won't keep working. I mean, Brian, you're just basically wasting time worrying. Really, you're a good guy. I can hear that, and I used to have the same concerns I was. In fact,

This house, you know, I got something to tell you about it.

And people do that a lot. I mean, it's really none of your business in a way. Okay, but sure, I don't you know, this seller has a lot of liability if it turns out to be a failure and he withheld pertinent.

Information and he's gonna have he's going to have to have a license professional lie about it. I mean most jurisdictions, like all of Douglas County. I mean, you have to have a licensed professional sign off. And if someone comes out there and lies that it's in good shape, they could lose their license.

Yeah, but what if it's a difference of opinion, Because people do this all the time with foundation repairs and things. They do it all the time. They shop the person that gives them the best answer. Now, this seller can say, look, I just depended on an expert. Now you can say, but why didn't you depend on the first two experts, And he can easily say, because I wanted to make sure. I mean, it's too hard to get involved in this thing at this point, it really is. It's really let

I think it's going to be hard to find a license professional to sign off if it's bad.

He already did, he said, Brian. Didn't he already find someone?

Yes, yes he did. He found that the third guy shopped signed off on it. Wow, And yeah, I mean it was muddy. It's been dry in the in the area where we live, and that entire section where where they still had those two zones operating, and it looked like those zones had been on for probably the last And you're a little.

Pissed because you like the house, Brian, Right, you're a little pissed because you like the house.

Right you you were your story was identical.

Yeah, yeah, you know and yeah you yeah.

So how much is it going to cost to fix it?

It's twenty grand And that's when for a new Leachfield. Because again, just like Mark said, you have to have someone now a days. You can't just put in your own leach Field. You have to have a license.

Well, you never could put in your own leach You never could put in your own leach field. Well, not that I know of.

You'll have to tell that to my dad, I guess.

But well, I mean, I guess you could have fifty years ago. I mean when I came to Colorado, even forty five years ago, when I was building a home, I had to have everything approved on that leech field and on that septic system.

Yeah yeah, really Now, now, Brian, you.

Heard the price.

He was just he was just done it. And again, you know, I'm not going to buy a house with a known defect, you know, when we were offering, you know, full asking on it.

So but if you like the house, what I'm asking seriously is this, would it be a deal breaker?

That extra twenty grand?

It would because it's it's top dollar for a top dollar house. You know, no other concessions, no other anything off the house.

So okay, Well, someone else is going to get the house, and they're probably going to be fat and happy for a few years, and then they're going to have to fix the septic system.

Yeah, very true.

You know, I mean, how do you stop it?

I mean, you could be a real jerk. I mean, I don't mean a jerk. You could be a real like concerned citizen and prote outside the house. I mean, you know, I mean you could disclosure form.

I wonder if it says like I wonder how it's phrased to where do you think the guy would be lying.

Because two other people didn't pass it? And for example, it says, let's ask Frank Duran the real estate I want to call. Let's call Frank Duran in the real estate man and ask his opinion. I'm serious, cool, So hold on, we're gonna ask him. We have another expert, Dan Mackenzie. I'm going to bring up right after this. Dan is an estate planning attorney. We have an important question for him. Right after this, go with a sure thing Denver's Best rufer excel roofing dot com. You don't

You, Katie?

Is she not with us anymore? Can yes?

Katie?

Go ahead? Yeah, so ahead, Katie.

Okay, I'm here. So I received from the attorney of his estate a notice of disallowance, and when I contacted them, I said, why was it disallowed? And she said, you filed it against his estate. You need to file it against his business. And I said, in the filing I also included the name of his business. But she also indicated well that there are pretty much no funds in his business to distribute. But she claimed that I filed it incorrectly, so his business does not appear to be an LLC.

So I just want to know who can I file this against.

Now, well, let me ask you this first, Katie, what what is it? If it's not an LLC?

I don't know.

It's all its states?

Is that you know?

I made the checkout to the name of his business.

What is the name of and what's the name of the what's the name of the business?

It was called one Wolf Filders, and so I made the checkout to his business.

Only when he cast the check he signed it.

I made it out to him it was.

You know, signed by one Wolf Fielders.

So I'm not quite sure, you know, is what I should find out?

Is there a different Do you know if he's the only one that do you know if he's the only one that owns that business? Yes he is, because if he is, it would be a disregarded entity. But I want to ask Dan McKenzie, the expert here, what does she do?

Dan?

I think she's got two pads?

What what do you how much are you trying to recovertate seventy I mean you're exactly at these small flames limit, so you could file a small flames case probably, yeah, the business and me. I mean, you know when as a planet's attorney, we just suit everybody, right, so you suit the age and to the business and just let them sort it out. And then the other thing is, I don't know how long ago you got that disallowance to claim, but that is something you can challenge.

You can then ask the.

Court to uh, you can file your objection to that disallowance.

You have, Yes, I have three days to do that, so I'm I'm gonna do that. But you know you claimed that there are no funds in this business.

Dan, I'm hoping you can hold so on. So what hang on, We'll come back with more. Go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for 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.

Ripped of.

News, need advice so you don't have.

Come running Just as fast as we can.

Shooter's gonna help come man.

This is the Troubleshooter Show. No Tom Martino. Hello, I'm Tom Martino. Welcome to the show. This hour brought to you by renew Home Innovations with the most beautiful shower conversions you're ever gonna see ever, porcelain sheets that need no maintenance, that look like a million bucks. And they can do these in two or three days, and you get several financing options with low interest sometimes no interest. Renew Home Innovations dot Com three oh three nine zero

Know about.

Because it is a very important question and maybe he can tell us. Frank Duran, Welcome, We love you, brother, Thank you for being here. Hey brother, let me tell you what happened, Frank. This guy Brian puts money down on a house. He's doing his due diligence and comes across a bad leech field. The seller says, we're not going to fix it, take it or leave it. He's looking at twenty thousand in repairs. He decides he doesn't want it. He gets his earning earnest money back and

Right?

Would this guy be in trouble?

What does the disclosure say specifically about the septic or the sewer system? What does it say?

Does it say did you ever.

Have a problem?

Do you know of a problem? Is there a problem?

What does it say?

Yeah?

Tom, great questions?

So that is actually item eye of the seller's property disclosure. It says specifically this, It says if you know of any problems ever existing? And they put in all bold ever existing with the following check yes. And one of

If this guy does not check yes on that because it was a failed leach Field, even though he found someone who said it wasn't failed, can he claim well, there really wasn't ever a problem because the third guy said it was a misdiagnosis.

Well, Tom, you know, yeah, technically he could put that on there, but he might be getting himself into some muddy waters if he does that. And uh, you know, and quite honestly, let me ask you this, the buyer who wrote the offer, I'm trusting they had a realter, correct, Yeah, well I I think so, yes.

Okay.

So another thought too is that relter could potentially send an email to the listing realtor and say, hey, we have concerns about this for this reason or whatnot. You know, just a food for thought, because then it becomes sort

No, I'm fine, go ahead, Frank, Well, I was.

Going to say, on the seller's property disclosure, there's also a portion a lot of people forget about this where it says advisory to buyer and where the buyer actually signs that. It says the buyer should thoroughly do their own investigation as well, not just solely rely on the seller. So that is a portion that buyer does acknowledge and sign as well.

Have you ever had something that was certified that turned out to be.

Bad, certified to turn out to be bad?

I remember one that Frank was involved in, or at least helped us out. I don't know if he was a realtor, but it was a town home and one side flooded and on the disclosure they put there was never flood damage, and then of course the neighbor who still lived there knew that it flooded and there was flood damage.

Boy Mark, that goes back. I've never personally Tom had that that I could recall that I can. Yeah, I've done so many of these, but yeah, I mean instances like this where we've helped him with troubleshooter, I've seen it.

Have you ever had any, Frank, how about this one. Have you ever had any where you rejected something due to an inspection item and you know they never addressed it or fixed it, and they resold it to someone else.

Sure, but if that happens, then it becomes a point of disclay. If I'm on the listing side, we certainly would disclose that and I would tell my seller that's adverse material fact if we have knowledge, and that would be disclosed. And I've never had a problem with anybody doing that. Now if they did, I'd have to politely give the listing back, Tom, because that can get you in a lot of trouble if you're not disclosing those things.

No, I know it, Frank, I mean you're very upfront about that.

You've I've dealt with you in the past. Of course, on many houses.

Frank Duran, the real estate man dot Com went away better than Frankie.

I remember one Frank that you were you. We just had this discussion last week. He sold a town home and they said that the address was correct. Now I'm not getting this perfect, but in that the address had been split properly, and everybody thought it had. But it did not get split. In other words, it was just one room. But that was literally on the disclosure for a townhouse.

You told me, right, yeah, So what it.

Was is we had checked with title ahead of time to confirm this and they'd said it was legally split. And so what happened is when we'd got to close. Now, now, typically guys, though in a normal transaction, what would normally happen is the buyer would say, okay, well, then why don't you just fix it? Title offered to fix it. This particular buyer says, nope, what else you're going to give me? And it became a point of negotiation. Of course, it went to mediation. It did you finally get solved,

Thank you Frank durand the real estate man dot com three oh three nine two zero sixteen twenty two. Don't forget his free market evaluations as well.

So, Katie, we talked to Dan McKenzie off the air.

He had to run.

He said, the best thing you're gonna do.

First of all, if it's a single member LLC or a single member business, it's going to be a disregarded entity. You don't have to go after the business. You can go after him personally, and you can do it in small claims court. He said, you should probably sue both the estate and the company both.

Okay, great, and since.

It's seventy five hundred, you have the luxury of going to small claims court.

Okay, that's that's good advice. Thank you so much. I appreciate it.

Do you think his personal estate has the money to pay.

His personal estate?

Does? I know?

His business does not?

So that's why I felt, you know that, I was.

Very disc almost does his personal estate have.

Well, here's all I know they He and his family owned several pieces of property in Jefferson County, so I know that much. Now that's not to say that things are you know, I don't know.

You know, we'll see, you.

Know, we'll see.

Yeah, it doesn't matter what his family owns, you know that, right.

Right, yes, exactly, it's his personal estate. I'm saying, he and his wife.

I know, he and his wife. We're doing just fine, but the.

Business itself probably wasn't. So if I can go after the personal estate and recoup it, that would.

Be great, all right, three zero three seven one three talk seven one three eight two five five, Thank you very much, CMG Financial. If you need the all in one loan, I call it the liquid loan. That's what they're doing, a thirty year line of credit. That means you can borrow it up pay it down for thirty years. It's really a great instrument. Every penny in the bank

Tom, martino your trouble.

Shooter welcome to the. Show so we have some interesting things in the NEWS i wanted to talk. About but get your calls. In i'll take your. Calls The Treasury department suspended that ridiculous AFTER i spent time doing all of our little businesses THE boi Beneficial, wait, wait that's good for beneficial ownership. Interest, yeah you don't have to you don't have to fill that out. Anymore oh Was

Dot moron Using biden and thinking in the same, sentence is.

Was his administration the absolute worst For god's sakes in my. Lifetime although people would Argue biden created, this it Said biden created it to target mainly small to medium sized businesses and mainly because most of those were skewed. Conservative do you really believe he'd be that small? Minded.

ABSOLUTELY i, mean if you look at the, exemptions it's something like over twenty twenty employees or.

Exempt there is no need FOR. Boi it was created to help stop. Crime under The biden, administration they were also doing audits this stop. Too remember they were going to start requiring you to send in information on any expenditure over six hundred dollars on any. Account, Ever, YEAH i think that preceded The biden.

Administration that WAS i believe that was supposed to start during The obama administration and then they reversed it at the last.

Minute and now they reversed it. Again but they're not going to be able to do. This but can you imagine submitting and this is not just for, business this is everyone in The United states with a bank, account not just a bank. Account that was for all.

Everybody you paid as a business more than six h six hundred, bucks that's a typical ten ninety nine.

Requirement, yeah but they wanted a special. Report you had to show the transaction in your bank. Account. Yeah, Man Basically biden was saying everyone, sucks everyone's crooked and we're going to go out and get them. All, yeah and look who's talking The biden crime. Family and do you know that they were literally looking at The Catholic church

Rights were those who spoke out at school board meetings against school board?

Policies oh, oh parent teacher organ all kinds of parent. Organization mothers got thrown in jail for. Opposing but they were being. Investigated they were being. Investigated that's what's scary about. It so you don't have to worry about that trap. Anymore, really to be, curious how youse tariffs go? Tomorrow how the?

Oh now tell me what's going on?

There, well Tomorrow's mexico And, CANADA i think on. Everything, oh that's, Right, well that's, right because what was he what was he asking them to do to avoid that they refused to do coming into the country killing our. People WHAT i don't understand is how do you just how do you basically come on man In, mexico you hit the cartels that are bringing it.

In but because the cartels are in bed with the president and the entire. Government that's pretty hard to. Do, NOW i want to tell you about some popularity issues THAT i find. Amazing so somebody did a poll and actually this is.

iHeart. iHeart though didn't do the, poll but they they summon the poll for the approval of issues covered by The trump. Administration how what percentage of this country do you think supports deporting criminal illegal? Immigrants, well anybody that WATCHES, tv no say it's eighty. Percent, okay, yeah you're. Right and so did you see this entire? POLL i see those polls every.

Day they change, constantly BUT i mean typically that particular question hangs right about eighty Percent democrats of courting on the Lower republicans, hire but across both it's eighty percent.

Who believes indge in what they're.

Doing sixty.

Percent what?

Percentage seventy six, percent, wow seventy six. Percent, now who wants to actually close the border or put in additional strict security and? Policies what? Percentage sixty three, percent seventy six, percent seventy six. Percent what about this? One, oh this, one keeping biological men who are born men out of women's sports sixty nine percent according to the Latest, oh that's actually. Shocking i'd like to hear from one of the.

That pole?

Vaulting pole? VAULTER a.

Vaulter vaulter was in povolts mediocre at best on the men's, team so he switched over to the girls team and of course won the.

Gold it's. Crazy you know what else is? Crazy? More what about the percentage of people that believed the government in their applications and otherwise should declare only two.

GENDERS i, mean who wouldn't it's sixty eight.

Percent, god it's so. Crazy what percent wants to end race based hiring seventy? Five sixty five?

Percent, well there are a lot of dumb people out.

There well what? Percent, NOW i don't even know what that means race based hiring BECAUSE i didn't see the question that means was? It it's pretty.

Simple they hire people based upon the color of their skin instead of hiring them on you, know what they. Know it's pretty simple and well and Like mark or does it mean go?

Ahead i'll, say if you look at What.

Mark said about The Academy, awards the ridiculous criteria that they use for allowing an, entry it defeats the whole purpose of The Academy, awards which was to reward autistic achievement rather than reward inclusion.

Policies what percent, NOW i told, you like seventy six percent or more is in favor OF. Doge but what percent believes we should freeze everything going to the foreign country through usaid and evaluate each one.

Independently fifty one sixty three?

Percent it's more THAN i. Thought what percentage supports tariffs.

As a?

Weapon it doesn't say as a weapon of sixty five sixty one? Percent what percentage wants to continue negotiations to End ukraine war With russia Or russia's war with a sixty? Percent but what are the other forty? ONE i don't. Know if it was a mead, grinder fifty percent support direct negotiations by THE us With russia And. Ukraine what

A lot of that mean If congress already allocated money to, something pulling it, back.

Sixty percent think you should be able to cut it even if the government approved. IT i can't wait till they get rid of The department Of. Education by the, way did that lady? REPORTS i don't, Know ACTUALLY i don't. Know i'll check what percentage of people's support ending the

Look at the vote on the last presidential. ELECTION i mean it was like fifty one forty.

Nine, Right, Well i'm not talking about who voted for.

People, No, No i'm talking ABOUT.

I was supporting your theory that it's about fifty to Fifty, tom.

Even the general election people it was it wasn't that far from.

A fifty to fifty.

Split it was when you looked at the. Counties, well, No i'm.

Talking about the popular.

Vote oh but when it comes to, liberals there are more liberals per capita In colorado than In. California we always talk about how Liberal california. Is colorado's more. Liberal it's because they all moved here From. California, yeah can you believe? This and now they roached out our.

State, anyway we have more coming. Up I'm Tom.

Martino three oh three seven one three talk seven one THREE a two five. Five you are listening to The Troubleshooter. Show go with a Sure Thing Denver's best Roofer Excel roofing dot. Com you don't pay a cent until you're.

Though and and.

When movies have an? Agenda And i'm not talking about independent films like that do it on purpose documentaries and. Stuff you, know there's a lot of good social commentary done with. Movies But i'm talking about like regular, movies, dramas live, action where they have an agenda or they sneak in an. Agenda you mean his Name, Moore Roger, moore that fat slab. Guy, well, no he. Does now that's what all he. DOES i mean, that thank. You those are his. Documentaries But i'm talking about a regular

MEANS i was Telling walkinsuzannah about a great movie CALLED a Six Triple eight about a bunch of black women who were in The Women's army corn In World War.

TWO i love, IT i loved.

It wasn't that a great?

Movie is that With Kerrie? Washington?

Yeah where they did the postal.

Stuff Tyler perry made that.

Movie, Anyway the point is they assigned these women to straighten out the mail going to and from the servicemen In World war, two and they did an incredible.

True, story right.

True that's present an agenda that black women are as tulable as anybody, else which is a good, message but it's still a.

Message, yeah, YEAH i did, not you know, WHAT i can't deny, that, Doc BUT i didn't get the impression WHEN i was watching the.

Movie, well oh, no, no of COURSE i.

Did you're, right they were discounting them because when black women joined the. Military you, know when black men joined the, military they went to. Fight, okay they had they had black they had black, cores but they went and they. Fought when and when white women, joined they did air transport and they did a lot of important. Jobs and but when when black women, joined they were given cleaning duties and latrine and, really really, true they were given really,

THE Us Postal service adopted some of those.

Practices it was, aspiring wonderful. Movie but when when you talk about a movie like, that that wasn't an agenda saying everyone is evil and only black women are capable and they've been put down on the farm too. Long it was it was more. Positive Tyler perry is more positive.

That you can have an. Agenda that's. Good that's, Right that's What i'm.

Saying that's.

Right just because they're portraying a message doesn't mean it's a bad movie or a bad.

Message this is a great sturge to send and done in an incredible way with a movie that was.

Spellbinding now one of the agenda movies THAT i absolutely. Hated and of COURSE i, think did he win An Academy? Award one of the guys that used to be a talk show host here on kh you actually did he win The Academy? Award or did?

He was he nominated for the?

Screenwriter look it?

Up don't look? Up did anyone see the?

Movie don't look? Up so? Stupid?

Now what it was?

About and it was all the woke actors and everything was what it was. About it was about a comet speeding Toward earth that was going to destroy the, earth and they it was so catastrophic that there was no real. Solution, well there could have been some if they started planning. Soon So Leonardo DiCaprio's character goes To washington and the catchphrase, was well then just don't look up if you're you,

Up, NOW i will say it was a.

Clever everybody believes the climate. Changes everybody believes, that but it's whether or not it's, natural or whether or not one country can do anything about it when the rest of the countries, don't.

Or even if all countries got. Together one, volcano one volcanos like what every country with the worst cars ever at any time in history for ten years or twenty years or. Something so here's the. Deal the deal is he it Was, sharota, right what's his? Name what's his?

Name?

David?

David did he?

Win?

Well he was he was With, brown didn't they? Put wasn't he paired With brown as a talk show host or not or was no? Idea, yeah he was on the afternoons with someone here ON K. HOW i forget who he was, With David, sarota and it could have Been Ross, KOMINSKY i don't, know but they were on together and one was a. Conservative no, no then they would have both been because they're never, Mind, Yeah saroda's. Liberal Think, toto, no, no, LISTEN i know damn well

Mean it's not Like i'm.

HALLUCINATING i worked AT koa FOR K how AND koa for nearly fifty, years AND i know every talk show host that was ever. There and he was a talk show host in the afternoon ON, khow and then he left and But sarota was paired with SOMEBODY i think it Was. Kamensky Maybe ross would, know but they had a talk show and then he. Left but he wrote, this did he win the award or?

Not did it?

SAY i have no? Idea i'm still looking AT i, MEAN i think that's pretty damn. Impressive by the, way it was a clever use of satire the way he did. It don't look, up but it was such a terrible. Movie, anyway does anyone remember, where uh Where serota was on this on this? Station let me. Know three oh three seven one three eight two five Five go with a sure Thing denver's best Roofer Excel roofing dot. Com you