The Troubleshooter 8-8-24

Yelled, so you don't have Just as fast as we can.

Shooter's gonna help come.

Dix is the Troubleshooter Show.

No, Tom Martine, Hey Tom Martino here, welcome to the show. By the way, for those streaming, I'm just testing out this lighting. If it's too dark, let me know. I know my YouTube morons never hesitated.

You look good, Tom. Do you like this this coloring instead of the bright I like it. It brings out your eyes. Oh, thank you. Mark.

You know Mark is always complimenting my eyes. It's a little inappropriate sometimes, but I like it anyway. Brad O'Brien's with me. In the white shot, you'll see Brad wave. Okay, Hey, Brad is with O'Brien Legal Services.

Estate Law.

We got some updates on real estate law, real quick, Brad.

Yeah, a week from today the contract forms for real estate transactions residential change in and actually commercial change in Colorado, so that the commissions are going to be negotiated up front now and not hidden from the buyer.

Now, let's explain that here to four. Let's say you're selling a house. You would have a listing agreement, and your listing agreement would list the house and what in the real estate broker put on their commission.

Yes, when the seller hires a listing broker, they negotiate something like five or six.

Okay, So let's just say there's a six percent commission on there, and that would be negotiated upfront, and that's what's going to stay the.

Same, right, Well, that's between the seller and the seller's listing agents, right, So.

That's going to stay the same. They're still going to negotiate upfront of commission.

It would be combined.

Previously, the six percent was a buyer side and a seller sign right, So.

Of that six percent it was up to the broker toy that up.

Right, Normally it'd be fifty fifties. But now it's going to be split, so that the buyer commission and the seller commission the agent's commission.

So when I when I hire Frank durand the real estate man dot Com.

I love Frank, so I give him a pluck.

When I hire him to sell my house, he'll he's only going to put his commission on there, right, he won't list a bigger commission thinking I'm going to pay a co op to someone, right, Okay, So he'll list his commission. So let's say his commission is two point five or three percent whatever, it's on the contract. So as a seller, that's all I have to pay so far, that's right. Now I want to hire now a buying broker.

Let's just say I go to Frank Durand in real estate Man's or whatever. I'm just giving an example.

So now the buying broker says, we'll go out and find you a place and we'll help you, and we're going to charge two percent. So that's put on the buyer's contract with the with his real state person.

Right. Okay, So now I find a house.

And in this house, I found the guy selling the house signed with his guy or his woman. He signed with his broker a three percent deal, and I'm the buyer and I signed a.

Two point five percent deal.

So without any further negotiation, I pay the two point five and the seller pays the three percent if it was negotiated up front. Right, But as part of my offer, I could say that the seller or I could ask the seller to pay that two.

Point five right, but it's not automatic.

Right now, the buyer the agent, excuse me, the commission going to the buyer's agent, will be in the purchase offer, the actual contract between buyer and seller.

And so when I offer money to buy that house, it's already figured in that amount that my the my seller, my buyer's commission is figured in that amount.

Right in the buyer's offer.

It's going to have uh that I have to pay this vision.

They're saying, seller, uh, please pay the buyer my agent, the buyer's agent.

Now what if the seller says, I'm not going to pay.

That it's negotiable, then can they negotiate it?

Okay, So there's no automatic commission and there's no automatic split.

Right, everything's negotiable.

That's right up front, right.

So now the buyer, So, so it's going to be very simple. You're no longer going to see a big commission of your selling up there, or you could, but most likely you're going to see a reduced commission. But remember, the buyer may come to you and ask you to pay their their person's commission or not. You don't have to. Well you never really had to, but it was kind of hidden. So that's the whole change.

Here, right.

The buyer's broker got paid out of the seller broker commission.

It did no matter what was six percent, then the.

Seller's brokers split that with the buyer's broker that behind the scenes after closing.

Okay, but no more behind the scenes. Everything negotiated up front. Commissions are spelled out so it behooves you when you're going out to buy or if you're listening to sell, that you negotiate a reasonable commission, so there's not a lot of arguing. You're haggling when you find a house. It is possible. Let's just say you want to be generous, okay, and I can see this happening. Someone says, Oh, this buyer broker says, I can find you the best houses.

Right. Yeah.

The new language in the contract basically says if the buyer promised a greater percentage, but the buyer's broker didn't get that full percentage. Whatever they do receive from the seller is a set off to the amount that.

They so remember that.

So even though you think you're being generous to your buying broker because you think.

The seller is going to pay it, it's not automatic.

So if you negotiate a four percent or a five percent crazy commission for your buying broker and you find a house, that seller may say, we're not paying your guy four or five percent. The same way, when you're selling, if you want to really reward your your selling broker, you don't put a four or five or six percent in there. If you if you have to, then on top of that pay the buying broker. You don't want this to backfire on you, so you want to have

The absolute worst airline.

In fact, I don't even know how they stay in business. Now, what's going on?

Gary?

So?

On May nineteenth, I let my daughters buy a flight for their graduation president and they were supposed to buy their insurance, and well they didn't buy insurance. Well they didn't do it. So we tried to go back online through the chat and they said do this and do that, and then we got the chat line was down, our website was down a million different things. So I went ahead and disputed itditr.

No wait wait, wait, hold on though, hold on when your daughters bought the tickets?

When did they buy them?

May nineteen?

Okay? What when were they going to leave? That?

I do not remember, I do, But.

You felt so strongly about the insurance that you didn't want them to have it if they couldn't buy insurance.

I was wanting them to have the insurance because I don't trust front airlines.

Okay, So you wanted and do you understand insurance doesn't cover you for the airline as much as it does for yourself The airline usually the way it works of the airline cancels, the airline has to make up for it.

Maybe it's changed.

Are you telling me that the insurance you're aware of if Frontier canceled the flight and postponed it or made it for another day, your insurance would still pay even though Frontier you know, Is that the way you understood the insurance to work.

Well, I think I understood that they had like different tiers of tickets you could buy, and one of them was like guarantee to your money back. And I think my daughters got confused at that and they thought there was just some kind of insurance.

But why is this Frontiers issue? Is what?

Im That's what That's what I'm trying to figure out. Why is it Frontiers issue? Well, if your daughters did not buy the insurance, hold on when you go to buy the tickets first, I need to understand this. When you go to buy the tickets, do they offer you.

Insurance right there?

Yes, you have to okay, yes, okay, got it, And your daughters didn't purchase it. You went back and said, can we purchase it now? And apparently you couldn't, So then you went and wanted to dispute the whole thing, got it?

So what happened then?

Well, actually I was told you can add an insurance through the button, but you can't figure it out on their website. The website is not friendly enough for me or my daughters.

Okay, here, all right, So what happened?

Then?

You you canceled my.

Credit card, gave me the money back, and then Frontier rebuild it.

Okay, Now you understand credit cards, and I want to say this for everyone who has.

A credit card.

Credit cards do not serve as an arbiter as to who is right and who is wrong in a charge transaction. Now, all they do is figure out if they want to bill you for it or not. It doesn't negate the bill, it negates the credit card charge. Hold on, We're going to come back to you, Gary. See we can help you on the Troubleshooter Show three oh three seven one three talk waterpros dot net the best water systems, the lowest prices.

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Hi Tom wants you know here?

So Gary, his daughter bought tickets, They didn't buy insurance.

He disputed it.

There was no reason that front Well, Frontier didn't really do anything wrong, but he just wanted his money back and they were non refundable.

I take it.

So therefore, Actually the bigger problem is I did get a hold of a on with their They do offer a twenty four hour callback now, and so I'm seven twenty to twenty four. I got a callback from Frontier from a guy named Ron with an employee number, and he said I would get a refund back on my card, So I'm okay.

So why did he say you I'm curious. I'm not disputing it. Why did he say you would get a refund on a non refundable transaction?

I have no idea, I asked him. I go, are is it going to go back to my frequent Flyers, to my frequent my daughter's frequent flyers. He goes, no, it will be back on your card. So I trusted him. I got his employee number last night through the chat line. I would you know it would give you like an option for sure call back in twenty four hours. Well, even when you push that, they automatically push it to a chat line. They no longer offer the twenty four

But where does this stand? He said, you're going to You're going to get a refund, he told you.

But last night when I talked to them trying to figure it out, they're still saying no, you should have it by now. And I'm like, well, I don't have it, and they say call my bank. My bank says, called Frontier, But.

Did they say credit card? Here? Look at man, You're all over the place.

So I need to ask it you said first first that you got a credit from your credit card company. They took it off, then Frontier put it back on. Then you called Frontier and the guy said you'll get a credit, right that. And so you haven't gotten that credit yet, right from Frontier?

Right? And when did that guy promise you a credit?

It was on July twentieth.

Oh, okay, so it was a while ago. So about twelve days ago.

Whatever he heeds to do the dispute on the credit card.

Oh, actually I don't have that handy bank.

Well, I'm wonderful Mark.

They purchased the tickets May nineteenth, so it was probably a few days after that.

Then they dispute it, they get the credit, and then he requests a refund.

When they look at it, they already disputed it. Yeah, but they rebuild it.

Well, they might have rebuilt it later on, but I'm saying when they looked at.

It, yeah, I mean, I'm not looking. Here's all I want to know.

I think Gary is saying, even though they rebuild it, and even though they were non refundable tickets, somebody at Frontier promised him a refund.

Well, I don't think he's got a leg to stand on no offense, Gary, But you're going to have to sue and bring him the small claims court. But I don't know how you would possibly.

I don't think less. We simply don't want to show up.

What do you mean, Mark, I mean he bought a ticket that is non refundable. I don't know who would have told him in India or Malaysia or were Jamaica wherever these people work, that they were going to refund it. I don't know who he would even point to.

And did you record that call by any chance? Gary? Or do you just have his number?

Well they say they record the calls right, Well, my credit card company says they can't access the recordings anyway. And I'm like, that's why I wrote down his employee number the time he called me and everything, because well that's up to Frontier to do well Frontier won't. They're like, they say they have no access and now I talked, they don't offer customer service the resolution specialists.

Look, man, we all know they sucked. Gary.

May I ask you a question, Gary, Gary, I want to ask a straight up question without giving you a difficult time, A straight up question. Your daughters bought non refundable tickets. And why do you feel Frontiers should give your money back.

Because we tried to go in and find out how to do it on the website before their fight.

And look, lord, I have bought no less than one hundred tickets on there.

It is very simple. I know you don't want to hear that.

You basically choose and they try to sell you and you actually acknowledge by checking a box you're not buying it.

At the time, I would agree, but after the facts you go in there and your.

What he said was there was no opportunity. Gary, what you're saying there was no opportunity to add insurance. That's not true, but that okay. So Mark, you're saying you can go back and add insurance.

And what Gary is saying when he went back he did notice it, but when he was doing it the first time, he didn't acknowledge it.

He did his thing about it. His daughters didn't. Yeah, so what Frontier does.

Listen, Frontiers in the business of selling you everything. So once you buy your basic five dollars ticket or whatever it is, then they try to sell your baggage. Then they try to sell you where you want to sit to pick out. Then they want to sell you the insurance in case of you cancel.

Right now, he's Gary Lee.

If you don't buy the insurance, they make you check a box that says I understand that this is non refundable.

Blah blah blah blah blah. But Gary is saying.

Gary is saying he agrees with all that his daughter's made a mistake. Okay, he believes that because it wasn't easy for him to add insurance.

He believes that was a reason for a refund. Well, okay, what do you want me to say about that?

Okay?

Well, well I was told and it was recorded by Frontier, And how do I get them to go back and check the recording saying hey, this.

You would have to do.

Okay, to that level of court, you would have to sue them in county court.

And I doubt they I doubt they keep recordings going back four or five months.

They wouldn't be in their best interest. I don't know they do or not.

Mark, but he could do a subpoena, he could do a discovery on that. But Gary, you're gonna you're gonna negate all the benefit of the the refund.

And I would assume there's an arbitration.

It's just horrible the way they treat people. They have no customer service.

But no, I now, by the way, I agree with you on that. I agree with you.

I want to remind everybody listening. This is the same company that the first time I sued them was because they told me my bag had to be vertical to fit into their box. It fit perfect, but it wouldn't fit vertical. It was so yeah, they no, they came before you get about it.

But yes, So here's.

Gary, if you go to small claims court, there is a distinct possibility that they will call you and negotiate a settlement.

But just but if they don't, you're going to lose.

You have no proof that they said anything except your word. They're not obligated to show you a tape to let you hear a tape that you feel like you're in the right, and they have to prove they're in the right.

They don't. You're in the wrong.

Right now, you're trying to get a refund on a non refundable purchase.

You've got no leg, man, no leg.

That's that's true. Gary, We're just being straight. I'll give you a true idea we have a hotel.

Well when they recorded it's their property, India told you, and it's their property.

My god, if I had a.

Rogue employee back when I had my good years and they promised you eight million dollars, you wouldn't get.

It right Right now, Gary, I feel bad about it, but it's done. Three oh three seven one three talks That call made me angry A two five five, Nah, No.

It's it's not towards Gary.

I know how frustrating it is to deal with Frontier, probably beyond everybody, but I will say this, once you learn their insanity, their system, and you basically know how to get around it. And what I mean by that is you know, fly by the seat of your pants dealing with them and just do it and then threaten them. I mean it actually works at some point.

Here's here's I'm gonna have people have multiple choices on this show.

Okay, A, B and C. A.

It's my my responsibility, my fault. B. It's the democrats problem. See, it's the Republican's problem. So we're gonna have everyone happy. You just get to check whichever box you want. Three all three seven one three A two five five Denver Regen dot com. By the way, they are doing hair regeneration with stem cells, also stem cell therapy for pain. They're doing remarkable things with knees and elbows. Whatever it is that ails you Denverregon dot com. Go with a

Help.

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All right, so.

I turned the lights back on for our streaming audience. So now compare with the earlier part. Let me know what you think you'll notice the lights come on and now you can see Brad O'Brien a little better, which I'm not sure is a good thing. By the way, Brad Brad is with Olslaw dot com.

He does real estate law.

He talked about the changing contracts coming next week for the commissions now will be broken out. And so when on your selling contract, it just tells you what you're paying your selling commission what it is, and there's no split delineated there.

It's just what you're paying to sell.

Then on your buyer's contract, you'll put down what you're paying to set to pay your buyer's contract. You know, you're a broker, and then it's up to you to negotiate if the seller is going to pay that or not.

And of course sellers don't have to pay that.

Okay, So let's talk about further on this, not just on commissions, any other changes Brad in the real estate contract.

Those are the big ones because that was the result of this settlement at the national level between the real estate brokerage agency.

Was there a lawsuit or was there a regulatory.

I think the Justice Department sued.

Well, I think there were private lawsuits, but then the Justice Department got involved and there's a tentative settlement that hasn't been approved by a judge yet. But Colorado, the Real Estate Commission went ahead and updated their forms because the writing is on the wall.

Okay, do you think it's going to happen? All over.

I think it will have to once the settlement has approven amnation wide effect.

Do you remember when they used to tell you that real estate commissions, well this is standard.

There's no such thing, is there.

It never has been, I know, I know, they just hold the line, you know, I know brokers.

Yeah, and that's yeah, that's weird.

So in any case, there's what about a transaction broker?

That is, someone someone wants to buy or sell.

Someone wants to buy or sell, they get a transaction broker.

Are there still transaction brokers?

Yes, that's just a broker who who does the paperwork for both sides, and then they have a reduced loyalty to They're not really loyal to either side, Like a buyer's broker is loyal to the buyer and the seller's broker is loyal to the seller.

Can can a lawyer function? Is that just basically neutral transaction?

Yeah, it's not necessary to have a real estate broker in any transaction. An attorney can can handle transaction for either side. Now I personally represent clients on both sides of the deal. It's a conflict of interest, except if it was like a transaction within a family. Yeah, And then and I have everybody wave the conflict of interest.

Okay, got it, and that's olslaw dot com. Let's go to the phones and okay, we have a first sale by owner question from JR. Oh I'm sorry, Henry, I gotta take Henry first. Sue's let's bring up Henry. Okay, So Henry, what's going on? Then I'll talk to j about for sale by owner and then purchasing used cars.

Sam, Henry, what's going on?

Yeah, good morning, Tom, hey Man, just just a halacious experience with what happened. Oh Man, I purchased twenty twenty f one fifty XL team.

Man.

I mean it looked, it looked nice. You know, I'm a small business owner.

You know, five kids, Well, f one fifty are nice trucks. Twenty twenty is a good year. You bought it from Omara.

Yes, off of one hundred and fourth there.

How many miles were on it?

So I think there was like fifty one thousand originally and it was one owner before.

Okay, So what's the problem.

So the problem is, man, just in the two years that I've had it, it's already had major replacements done just recently. I mean I've had concerns when I first initially bought it and brought it back in and okay, tell me what.

What and I'm gonna I'm gonna be straight. We got a twenty twenty two years ago. It was hardly used. I don't know if I would have had it checked out either.

It was still under.

Warranty, right, Uh, it was still under warranty. But at that time the silsmate was so adamant about me purchasing the extended coverage.

Well I did, And okay, so are these things that are these things being covered by either the regular warranty or the extended warranty?

Oh, it was only covered by the extended warranty at the time.

Okay, tell me after you bought it.

After you bought it, tell me what happened The first big problem you had.

One of the first big thing is like after a month of havn't I noticed it was rough shifting? And I mean I had read a little bit some people articles read it and stuff saying hey, Manfred's known for that. This is said, Well for me, man.

Well what did you what did it come out? What did that turn out to be? The rough shifting?

They they have said that my transmission need to be reprogrammed, and they recommit that sex in mission. Uh it temporarily and then what sure? It got worse. It got worse and then got into the shop on what was it?

So?

Okay, so they hold on, they reprogrammed it. It worked a little, but the problem came back right then?

What correct?

So April twenty fourth finally, after half of them get the truck back in, they said, uh, needs a diagnostic.

And are you talking about April of this year now?

Yes, April this year.

So after they reprogrammed it back, when did they reprogram it? That was back in twenty twenty and excuse me, I'm sorry, back in twenty twenty three.

Twenty twenty two. I bought it in twenty two.

Okay, So when they reprogrammed it, it worked up until April of this year.

Yes, okay, So what happened in April of this year? Tell me? Tell me what happened in April this year?

April this year, I finally got it in after taglingham month and a half. They had it sit in their lot before they even got a diagnostic. Come back and they tell me, my transmission's gone. My timing, my friend, my friend, end of the timing. It's gone, my water tomp, all the sills.

Okay, I'll say, hold on, hold on, hold on. So in April, how many miles on it.

I had? I think like a little under eighty or maybe just just at eighty, so that your.

Trans is gone, Yeah, your training is root is gone. I mean they say it needs complete new tranny.

They didn't even give me a new They give me a rebuilt.

Well that's all they have to do under warranty. But I don't want to know what they gave you. I want to know the three things that were bad the tranny, the timing belt, the timing chain or belt, basically.

The whole front end I have to do with the timing system, okay, and did.

They replace okay? And what else?

There were three things the tranny, timing and what else? Okay, okay, so the tranny, timing, and water pump.

What did they do? Did they handle those things?

They did handle it. Eventually, it did get repaired. But when I received it, I literally like, as I drove off, I was like, well, he goes, look might need time to adjust again. I thought that that was kind of weird.

But that was in April.

Here's here's what I needed to know in the interests of time, Henry. Back in April, they said they fixed everything. Do you still have the same problems? I am and are so you still have a bad timing, You still have bad timing, you still have a bad transmission, and you still have a bad water pump.

I don't. I don't think the water pump is an issue. I'm not a mechanic.

I'm not in so what I'm asking you, that's what I'm asking you. How do you know you have the same problems.

Because the fuel economy got worse, the transmission is still rough shifted.

Okay, got it? Okay?

Hold on, all right, Henry, hold on, I don't blame this guy for being frustrated. Three all 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 checkup free, no obligation. In comparison, call Compass insurance paying too much your coverage at dozens of insurance companies. Find out now three all three seven to seven to one.

Help.

You'll think you're his only customer when you cho Frank durand the real estate man dot Com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.

All right, Tom.

Martino here, So Marx being a wise guy, how about so I'm I'm going to do the spooky lighting and then I'm going to go back to normal though, So uh, anyway, let's talk seriously. Now, I want to go back to Henry. Henry, this is what I think, Okay, I think you deserve proper repairs under warranty period.

That's what you deserve. Now, it could be that this dealer is not giving you proper repairs.

But if you bought an extended warranty, you don't have to keep going back to the same dealer. Did you ever try going to a different dealer?

So I called the warranty personnel and they said that I cannot. They said that my warranty is specific with that dealership.

Well, if it is read it, because that would be really weird. But if it is specific to that dealer, that's weird. Okay, And yeah, Mark, I did I have been keeping track of how many times they use the word weird because Mark brought it up one time and I do use it a lot, I guess so, but only with weird callers, like like weird Henry. So, Henry, listen, here's what I think we should do. And I'm serious. Now, is your car drivable right now? Are you driving your truck?

No?

So my truck is back with them. That's the problem. It's on July seventeenth. They went back in because I told you, okay.

Because here's what I would have said.

First of all, we need to look at your We need to look at your actual warranty.

Can you send it to us? Yeah?

Yeah, I can definitely send you that.

And then here's something else I'm going to tell you. And it may be difficult right now because they have it, but give them one more chance, and then let me look at the warranty and then let's take it over to a place to have it analyzed. Once you get it back. If you have more trouble, Yeah.

Yeah, no, that's that sounds good to me. You know, it's just upsetting because now they're asking for like, I.

Don't blame you, man, I listen, I don't blame you.

You deserve to get it fixed, okay, now, you know, I mean, let's just say you're a nitpicker and you're making it up. That's different. But we're going to figure that out with an independent look at this thing. So I'm marking this hold on. I'm marking this as pending. I want you to call me back, send it, send me the warranty. I want you to send it for car day tomorrow. Okay, okay, and then we'll get you back on threel three seven one three A two five five.

Were trying to get a hold of.

Yesterday.

You tried to get a hold of different springs and nobody would That's right.

Did you ever talk to him or not? Did any did yesterday make any difference or not?

No? No, okay, people, we got to step it up a bit.

And so I spoke to the mechanic in North Dakota this morning.

Again.

Yes, and they're waiting.

They're waiting for you to get a hold of the Okay, got it, and then they are ready take your phone call.

All right, hold on, Mark, let's just get that commercial ready.

Do you still have it? Do we still have it from yesterday? Yeah, Shannon's got it.

All right, hold it and let's let's bring that back for the next hour, along with their phone number and all that, and let's go to war.

I'm gonna turn the lice back on.

I don't think this is working, by the way, 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 contenth time for an insurance check up. Free. No obligation.

In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven to seven to one help. You'll think you're his only 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.

Dum, you need advice, you don't have.

Come running just.

As as as we can.

Shooter's gonna help.

Come man, This is.

The Troubleshooter Show.

No Tom Martino, Hey, Tom Martino here, Welcome to the show. Three oh three seven one three talk seven one three eight two five five. This hour brought to you by eight eight eight Heating dot Com. Hey, there's plenty of warm weather ahead and also cold weather's coming eventually, and you want them to check out your system.

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And I want you in a very polite way, because after all, they pay for feedback.

They love review use, so give him reviews. I'm going to tell you what happened.

Linda bought a two thousand and eight miles to CX seven. Now, listen, this car may have been a piece of poop. It may have Okay, she bought it for five grand, But even if this car was a piece of poop, she still doesn't deserve what happened. Three days later, the engine went out. At that point, I would have had more respect for Springs Automotive if they said, well, sorry, it's a used car as is, you know. But instead they said we'll replace the engine and charged her forty eight

Why would you do that.

Linda, I didn't know which way to turn tom Okay.

So you paid this forty eight hundred bucks. They replaced the engine, You took the car. You took the car to Wisconsin.

Right, No, to North Dakota.

I'm sorry, I keep saying Wiscon, North Dakota. On the way to North Dakota. You're having a problem. You limp there, you get there. The guy up there that we've talked to says, the installation of that engine was very poor. And not only was it poor, it did additional damage to the rest of the car.

What's the only bright spot.

In this whole thing is that the people who supplied the engine, not Springs Automotive, but someone else. The other group that supplied the used engine sent another used engine under warranty to North Dakota. Now, the guy in North Dakota said the replacement engine is fine and he wouldn't all it, but there's other damages done by the previous installation. So in my mind, Springs Automotive group, they owe you

But let me outline these charges.

The original purchase five grand, the replacement engine.

You paid three days later, forty eight hundred.

You paid ninety eight hundred dollars so far, and then you had to get another replacement engine, and you had to pay another eighteen hundred on top of that, and then the damage they did in the previous installation costs you twenty seven hundred. You're out all of that money. Think about that. You're out all of that money because they suck. And I'm adding it all up right now and I'm going to get you the total.

And this is the depressing part.

You're out fourteen thousand, three hundred dollars. Think about that. Fourteen on an OA car. I mean, I don't even know how they can sleep at night. But they refuse. They think if they go away, this is going to go away. They think people are gonna forget. I'm not gonna let people forget. By the way, I texted them on their website. I went to Springs Automotive Group dot com and it shows three locations. One in on South plat on East Platte in Colorado Springs, another one on

I'm not afraid.

I'm expressing my opinion based on the facts in this case and based on how this woman is being treated. And I'm giving my honest to God impression that they should not ever no one should ever shop at Springs Automotive Group based on this. If you act this bad, this for this deal, I could never trust you. How you charge forty eight hundred dollars for a faulty installation of an engine and then ghost. This woman is beyond

Eight eighty six. You guys really suck.

So I texted them on their site it says text us, and I wrote my name and my number, and I said, why does your dealership suck? And they wrote and said, hey, happy that you texted us. And then I get a message from Guy who's Guy.

Thank you? So he's the owner.

I'm out of the office, but as our staff, but as our staff instructed your staff yesterday.

You can try to reach.

Me by email at Guy and I'm not going to give it out or on my cell. I won't give that out yet. I will try to get on the phone. I will call you back. Please do not insinuate fault or blame based on one side of the story, and please get all of the facts prior to passing judgment. Okay, Guy, I'm going to reserve judgment until you come on. This sounds pretty bad, but I'm going to reserve judgment.

So what I'm gonna do, Susan?

Wait?

Wait is it?

We're sure though she bought the car in three days later?

Well, actually, hold on, that's her story, to be fair, that's first story.

That's what she's saying.

But then they sold her an engine and that engine apparently is a piece of crap.

Right, okay, the second engine which was done under warranty for that first engine she paid forty eight hundred dollars for three days after she purchased when the other one went out.

That car. Now, now I want to ask if.

You hold on, And now it's in another shop where they have gone through it. They have taken pictures, they have sent us the pictures. We have all the evidence. I've looked through them. That that second engine they sent, I would say, at best, and this is my opinion based on the pictures I looked at, is a used piece of crap.

Oh see Mark the guy now now, really, to.

Be fair, the guy said that the replacement engine, there's really nothing wrong with the replacement engine they sent and now it was used, yes it was, But he did say it was more the damages done by the previous installation that was causing a problem.

Got it.

So when these guys sold her that engine after she purchased the car and it went to hell three days later, they charged her for the engine. They installed it like a bunch of morons and created more damage.

That's what.

That's what that according to the guy that we taught. We actually talked to the mechanic in North Dakota and he said that previous installation was hillatious.

Suzanne, why don't you try, guy Tom, put up the cell phone number.

WoT it already, Let's try and see if you'll come on Tom. They said they'd be in the office at noon.

We can wait till noon, although I would love our Colorado Springs audience to hear it. And he's but he's on his cell phone. Did he want us to wait? I didn't see that.

I think if you call that cell phone, Suzanne, he might answer, we need to take this break.

We need to take this break.

I'm Tom Martine three O three seven one three tong seven one three.

A two five five. Frank durand the real estate man.

By the way, Frank will always be straight with you, whether you're buying or selling real estate. He'll do a free market evaluation of your property. He'll tell you what he thinks it will self war, what you'll net, what you can buy. He is so wonderful and he does all of this complimentary based on his thirty years of experience. Frank Duran, The real Estate Man dot com three oh three nine two zero sixteen twenty two. Go with a sure thing Denver's Best roofer Excel Roofing dot com.

You don't pay a cent until you're content.

Wait 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

Hey, Tom, thanks for the call. Yes, sir, say guy on there earlier the attorney. I just wondered, what's my advantage, Tom or mark to I sold a house in twenty twenty here in the Springs one in twenty twenty one, and I did it for sale by owner. It was fantastic. I'm ready to sell the house that I'm living in, which is.

More valued at a higher level.

But you guys were talking about that, and it's like, why can't I isn't it more beneficial to me?

Because they want Okay, let's talk about let's talk about that in general.

Okay.

Having purchased and bought and sold fourteen houses, I'm going to tell you that I believe it's foolhardy.

In my opinion.

Now it's also foolhardy to pay full commissions every time if you've been through it a lot. But I want to ask Brad O'Brien some of the pitfalls. Brad, how many for sale by owners do you get where you act or help them out the seller?

Do you get many of those or not?

Yes? I do get a fair amount.

Oh, you do because they don't want to pay a commission, so they pay you by the hour.

By the transaction or how I.

Built be based upon my time case.

So does it Usually It's hard to say, but I'll bet you it's usually cheaper.

Than higher than get it than paying a commission.

Oh yeah, they might pay me something under five grand versus thirty fifty thousand something.

So JR.

Are you they want they want? They want thirty seven thousand tons for my.

No, I know that. I just I just said. I think it's fullhardy to do.

It alone unless you can do it for a reduced commission, if you're familiar with the process, and or I went to Brad and asked about being an attorney in this, Like you said, for a few grand, you get it done and you don't pay the thirty five or forty or fifty whatever. But that that's but but there's something more to it. And let me explain this. And I'm not trying to justify what real estate people make. But good real estate people do a couple things that I

But you're still going to pay commission.

Now, another thing a good real estate broker does is they market. They outbound market it to hundreds of thousands of sources. Okay, Now, if you know how to outbound market, if you know how to price, if you know how to negotiate, if you know how to create a bidding war, if you can sell fast and you can sell for more, then go ahead and do it.

Now. Here's another thing I think.

A good real estate broker can do, and that is qualify buyers. Now, you may have had good luck, Jr. And you may continue to have good luck, so I'm not telling you you need a broker, but listen carefully to this part. There are many people who waste time and energy trying to do it themselves because they don't know how to qualify buyers, don't know how to not take it off the market. They don't know how to take the right offer. One offer might be a lot,

It does not.

But if in my if in my mind, Tom, I know I want four for my house, I'm not taking any less. I'm not doing anything extra. But all the people looking, I've had a couple on my block that's sold in days.

You know, what do you mean? Now? You just no offense? Man?

But tell me if I just heard this right, you're not going to take any less and you don't want any extra?

No, no, no, I didn't say extra.

What I'm saying is what were you saying there? I only owe eighty on my house.

If I can walk off with four forty.

Eight, that's that's all what they are.

Here's what I'm as.

JR.

Just said it again, that's all he wants.

So I would say, if that's all he wants, I would say he doesn't need a broker.

That's right, that's right, And if he doesn't want the professional help. But JR, here's what I'm saying, without even consulting a broker, without even consulting a broker, I think it's a rash decision.

Is it the wrong decision? I don't know. It might be maybe not. Here's what I'm saying.

What if a good broker says, you know what, you can get four seventy five for that, So not only do you get more money, it pays for the commission, and you get all the professional help and expertise, then it would be worth it. But without even consulting one

Go ahead. You know you're calling me to ask an opinion, and.

Then you're talking yourself into the other way.

I'm not telling you not to do it.

I am telling you to explore it and compare.

Right right, I'm going to be calling Brad. I think that's gonna work out good for me.

Okay, that's good. Then you go ahead and do that again. Brad O'Brien is here seven two zero three, seven zero seventy three eighty eight. I again think it's foolish not to compare. Did I tell JR. He must use a broker? Absolutely not. But here's what you call a person who will not even explore another option. They're bullheaded. I'm sorry you are. I'm not saying you have to go in that direction. You don't ever have to go in that direction. But what if you found gold? You know, people, you

Ever, Sam, what's going on with you? I got to take a break, but I want to get started with you. Sam. What's happening? Okay?

I got a question for you.

Purchasing a used car?

Do you pay a dealer handling fee?

Well, you can pay anything that's in the deal. It's all negotiable. There is no right or wrong. If they want to charge a handling fee. They can charge any kind of a fee. I mean, but whether or not you have to pay it is negotiable. Okay, see an let me tell you why.

They put handling fees on.

Okay, they put handling fees on because they want to price a car, and they want cars to be priced appropriately for the marketplace. Then once they know you like the car, then they tell you and what I don't mean, once it's it's usually somewhere in the dealership or in the ad plus dealer handling and prep and all that. Then they add other money that they know they want to make, like for overhead and not necessarily profit. But let's just say for the docs and all of that,

You don't pay a cent until you're content.

Leave 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 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 all three nine two zero sixteen twenty two. Hi Tom Martino, your troubleshooter. Three oh three seven one three talk three oh three seven one three eight two five five. Let's talk and see what's on your mind. Okay, we have another question from Sam.

Go ahead. I'm sorry, Sam, what's your additional question?

Okay, here's here's what I've got.

Yeah, I've got a old the price for the car, yeah, and I got a hand Then I have a handling fee, yeah. And I have a trade in credit. And I have total taxes which it says zero, electronic filing fee, a lean fee, the title fee, an extended warranty fee, and then there's a says the total sale fifteen K. How I get a phone call saying I om for the taxes.

Well, yeah, it said zero. You just read that. That's like one of the oldest tricks in the book.

Man.

Now, taxes, by the way, should should not be charged on anything but.

The car itself, but trade in.

But usually they don't collect taxes unless it's financed on a cash deal. You pay the taxes when you register the car with the.

Bill of register the car, right, Yeah, Usually yep, did you finance this?

Okay?

Did you finance this?

Using the word you said?

Usually, So when I go over to the Jefferson County.

Sam, did you finance this? Please answer me that did you finance this? Oh? Oh, okay, go ahead, sir. I did not finance it, got it, sir, go ahead. So then when I go.

To the TAJH Mahal, I paid the taxes.

Then that's usually what happens.

Yes, I say usually, because sometimes you pay them.

I would even on a cash deal. I think if he unless be registered to out of state, I think they do all that because they're the one that sends all the title work and everything to the DMV. I mean, I paid cash for a car not long ago, and that's exactly what happened. They took the sales tax, they took everything, and then I just went to the DMV and paid the registration.

Because I Okay, Mark, actually I got to look it up because I did it both ways.

That I don't know what correct answer is. I know out of state.

I've purchased a vehicle for someone out of state and paid cash for it, and then I did not pay sales tax. When he registered it, he paid the sales tax.

Okay, Well that's my question, because I got a phone call saying that I needed I'm looking.

At the dealer licensing board.

Licensed car dealers are required to collect sales tax for every motor vehicle they sell, and they must prepare a standard tax receipt.

Yeah, that's why I said. It was kind of the oldest trick in the book.

They sold you this car and left off a couple thousand bucks and taxes, So you think you got a good deal bottom line, but.

You've however, are not cool.

If there are specific local taxes, some of that have not been They have to collect state tax.

Yeah they said zero. They didn't collect a nickel.

So sometimes they collect just state tax and you pay local taxes. There's some left over, or all you pay is state tax and not city tax if it's in a city. That doesn't have one, but they're generally required. But I'm going to say something that's really important. Whether they collected it or not, does not negate you owing it.

No, not at all. You owe it.

So if they're going to give you a receipt for it and and actually show you that it's for taxes, then you can pay them.

It doesn't matter. You're going to have to pay it anyway. Why do you care?

Oh?

My question is, like I said, I create the guy out right, and then I get.

A phone call the following day saying that they.

Left off the taxes.

How I need to pay them for the taxes?

Yeah, what's the name of the dealership?

It's on your referral list?

Well, I don't care who is it? R Okay, let's call Rodney. Well call them. I mean, man, we don't we don't protect people. They're great people usually when we talked, when I say usually they're great people. And usually no one has anything that they're not gonna tell us.

So let's talk.

Let's just call them and ask them about it. Thank you, Sam hold On three oh three seven one three talks seven one three eight two five five. Now we're going to see what they say about this. I have a question for Brad O'Brien O'Brien legal services.

Uh, and they want to know this, Brian.

Somebody's interested in what you talked about, and that is you know, you charge by the hour charge for your time. You can help people with uh transactions if they want to sell and you don't represent either one of them. They want to know or do they go to you as a buyer or a seller if they wanted to do it this way a seller, you would represent.

The seller then technically or not? How does that work? Hold on?

There you go, sir, I represent who calls me first?

Okay, So if a seller calls you and says I'm selling my house. I don't want to use a real estate broker, then you would make sure that the contracts are done correctly and.

All that that's right, help them get under contract before closing, helping with all the due diligence and action items, and then for closing and help them with the closing documents and.

Where the complication might come in. People rarely not with the new law. Though with the new law there will be no complication because if someone comes with a broker, that's that buyer's got to pay the broker if you don't negotiate to pay it, right, I mean, so that seller can simply have an attorney and pay no commissions.

Well, the new contract form has a place in the offer, the actual contract between buyer and seller where it has the commission in there, and the real estate broker is an intended third party beneficiary of that contract between.

Buys the seller. Cap I'm not going to pay it.

Yes, it's fully negotiable.

We should ask Frank how this is going to affect a biz in general, because that's pretty amazing.

That's a huge change.

It is a huge change in that it's not automatic as far as who pays what. I think it is automatic when you write with a listing broker, you're going to pay three percent.

You're gonna pay the three percent.

But if you you know, that's the way I look at it. If that's automatic, you're going to pay it or you're not going to pay it. But but you're going to pay it to the listing broker for sure. Whether you pay the buyer broker is really up to how much they offer. I mean, you can decide at the last minute you're not going to pay it. You just don't sign the offer if it has the commission in there for the buyer's broker and you don't want to pay it, just don't sign it.

And you say no, I'm not paying it.

I mean, so, yeah, it is a big change, but it also allows each party to pay whatever.

Commission they want.

I'm thinking more of it on the advertising level, like, how how do you it? Just I just can't wrap my hand around that change. Yet it's so different than what do you mean do you advertise?

I mean, because you know for sure, or if you're the seller, right, you're gonna mentally think this is what I would do.

If I'm selling a house for one hundred thousand dollars. Now I'm not calculating in six percent. I'm calculating in whatever my seller, whoever's selling my home.

Let's just use Frank Durant.

I'm gonna say, okay, Frank, I agree to give you three percent, simply as that that's right. Then I'm done. I mean, that's it.

But you could also mentally say I'm going to figuring six percent just in case I need to negotiate, and the.

Buyer not just knocked three percent off the price of the house and it's just that's kind of silly.

But but but it is.

It isn't because there are some people who will submit a contract and what they'll say is, we want you to pay for our real estate broker, for our buyer's broker, and then if you have it built in, you're gonna do it.

I get that, But why would you? Why would anybody say that? Now? I don't know, because I think why you? Because I think because Psycho, I'm going to lawnmowing for the next five years. I mean, people do all kinds of stuff like that. I mean, why do they do it? I don't know.

They do it though they make all kinds of demands, you know. And is it built into the price? I think it is. I think when people give allowances for repairs mentally they are when they negotiate a price, they say, look, let's have this in here in case they want you to replace this.

I mean, what I'm curious about, like, if Frank comes over and talks to somebody who wants to get their household, is he going to have a conversation like, hey, do you want to.

Pay the buyer? Should we pay the buyer? Should we write I.

Don't know, Well, let's ask him. That's a great question. 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 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.

Hey, I'm Tom Martinez.

You're troubleshooter three oh three seven one three talk three oh three seven one three eight two five five. Rod griers with us from Jfar Cars. The consumer who called in is no longer on the line. His name was Sam, and he said he bought a car and paid in full everything except on the line item for taxes it said nothing. It said zero, and so then he got a call back or a text saying you need to pay taxes. He was wondering why, Rod's because he bought the car at Jfar Cars. He says, and I'm sorry,

I'd be blindsided too on that.

Rod Our dealers required to collect sales tax when they sell a car.

It was a cash deal, and a lot of times the state will allow you to pay after you can go in and pay that, but now the state wants us to take this the state taxes. So that's exactly what we were asking him to pay. Just pay the self. He paid no taxes at all, and you can and I showed him that that he paid no taxes at all.

Okay, so good, you recalled the deal. But listen, Ronnie, why would you write it up with zero taxes?

Is that just to show him the raw price of the car?

No?

No, we were basically trying to give him a little bit more time.

It was.

It was a little little long story, but I was kind of trying to help him, to give him a little bit more time and let him pay it. At did we give him sixty days in order to uh with the temporary tax. When you go in after sixty days, you will pay your taxes.

So you kind of it was kind of like here, you got sixty days to worry about raising the tax. Go with a sure thing Denver's best roofer Excel Roofing dot com.

You don't pay a cent until you're content.

Time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three o three seven to seven to one help. You'll think you're his only 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.

Yeah news you don't happen. Just as fast as.

You can shoot is gonna help?

Come man, This is.

The Troubleshooter Show.

No Tom Martino, Hi Tom Martino here, three oh three seven one three od hawk is our number. But I want to tell you about three oh three Martino. You've called twenty four to seven three oh three six two seven eight four six six. We're proud to be part of your life and happy to help you where we can.

And one thing I do want to say.

We have been unable to get a hold of Springs Automotive, although we have tried.

And let me explain this.

Oh wait, it's afternoon. Let's try again because right now perfect.

Okay, I'll recap it after We'll try one more time.

Okay.

Meanwhile, Betty, it's busy, busy, okay. I I did text him. I said, I'm trying to get through to you. He said, try to call again. My phone is not wrong.

I don't know, man, I'm not having some suspicions, but will yourself. Yeah, that's the one you were calling, right the.

Well, I call this so it went straight to voicemail when I just said a second ago.

I tried again. It was to their main office, but that's usually try the the thirteen ninety two numbers.

Yeah, okay, all right, three h three seven one three talk seven one three eight two five five.

Betty, what's going on?

Betty?

I have been I have children who have mental health issues, and we've been dealing with stuff for several years.

How many kids, Betty, Betty? How many kids?

I have two sons fourteen, and they.

Have fourteen and fifteen correct, and what are the mental health issues?

My oldest son is diagnosed with tourettes and ADHD and depression. I have been trying to get him looked at for some sort of moved disorder, but because he's not eighteen and over, they usually dismissed that. But there's definitely something deeper.

Whereas my other son is high functioning.

Autistic with ADHD and depression.

Wow.

Wow, So we're both of these children like this their whole lives struggling.

My youngest we found out early on, just before too. My older son, the tourette we found out in second grade, and the other problems started.

Probably when he like a year or two before.

COVID and then that just all affected a lot of people's mental.

Hey, Tom, Betty, I am so I'm so sorry to say this real quick, but Tom, we do have guy who I believe is the owner on from Springs Automotive Group.

I think we should heat Betty.

Hold on, Betty, Betty, hold on, Okay, dear, just hold on. We're gonna come to you. Do not hang up.

Now. Guy is the.

Owner of Springs Automotive Group, and he says, Tom, please reserve judgment.

On this situation, and guy the situation.

Just so you know that what I've said, I want to be completely open with you about this. I'm going to tell you exactly what I said about it.

I said.

Linda bought a two thousand and eight Mazda c.

X seven from Springs Automotive Group.

She said, the engine went out three days later, and then you guys said you would replace the engine for forty eight hundred. She paid forty eight hundred, and that engine also went out on her way to North Dakota.

And when she got to North Dakota, the.

Guy took that engine out and the warranty company sent her a new engine, not a new one, but a replacement engine which was also used, and.

That was put in.

She had to pay the labor for that eighteen hundred or she's billed for it. But the guy putting in that replacement engine, which by the way, was done under warranty, he said, she has twenty seven hundred dollars of damage done by the previous installation to other parts other than the engine. So if you add everything up, she bought the car for five grand. The replacement engine was forty eight. To get that replacement, another replacement engine install was eighteen hundred,

So go ahead.

Well, like I said, I'm out moving trailers and I'm not in an office right now. But like I told you last time we spoke, Tom, those there would probably about fifteen percent of that that you said were facts.

Well, just tell me what's not facts? Well, the park, how about one at a time? How about this? Did she pay.

Forty eight hundred dollars shortly after buying that car to put another engine in it?

No?

Okay, now, Linda, This guy says, this is the third time he said this. He said it twice on his previous call. He said, you did not pay forty eight hundred dollars for that engine.

I have a repeat.

Oh how did you pay it?

Tom?

Can you send up to Tom because I'd like to see how you paid that, Linda.

How did you pay it? Linda?

He is pretty insistent, and I just want to say something. If guy would come on the air and stake his reputation on this. He must feel pretty strongly about it. He's flat out saying you did not pay for that engine, So.

How did you?

I'm not I'm not disputing you have a receipt. I'm asking you in what form was your payment?

Partially on debit card and partially cash?

And what does the receipt say?

I have to pull it up.

I don't have it pulled up. Heston sent it to me, and the receipt says that.

I was charged for tires.

That guy said that he was going to get one eighth a charge for a window wiper arm that I never even asked for. He said he was going to detail the car, and.

I guy to I mean, Linda, Linda, was was all this part of the forty eight hundred?

Yes?

Well then you didn't spend forty eight hundred for the engine? Well much?

I'm looking at the receipt now, So here's what I got. The engine was twenty the engine was three grand of it. Then there is tires, engine assembly, removal and installation eight ten. So you got three thousand, eight hundred. You got about four grand in the engine on this receipt.

Okayy correct?

How was that?

How is that pay?

Linda?

What form of payment was that?

Mark? What does the receipt say?

You said it was partial cash and partial debit.

It says over nine thirty seven parts thirty six sub total.

I'm talking about, how was the payment made? Does it say? Mark?

It says total is forty eight twelve balanced zero.

Yeah, there's no total. There's no payment information on here. It just says balanced zero.

But she should be able to show a debit to them on her debit on her bankstake.

Guy, are you saying she never paid this? Is that what you're saying?

Well, I'm not saying that some of it was not paid. I mean, I don't know how much she really wants to need to get into it, because a lot of it is a little.

Well, she's been on here throwing you under the bus. It's probably time. She's been on here three three times. Guy.

I think she pretty much wants to get into every nasty detail you have.

I mean, Linda, I'm gonna need your authorization to go into every nasty detail and then we can talk about the actual fact.

Pardon me.

It says payments internal. That's what it says on the invoice.

Okay, So how much?

First of all, Well, Linda, are you good with him talking about everything?

Linda?

Are you good with him giving us details?

Yes?

Guy, I am guy, She said, yes, Okay, hold.

On one second, okay, oh, all right, without being in front of a computer. That vehicle that I don't know what the what what she claims she paid for? You know what, I should conference in one of my staff that's at an office.

But do you want to do that. We'll give you.

Hey, we'll give you time. We'll give you time to do that. Let's do that, guy.

Well, i'm driving. I'm driving, so I'm actually hooked to a trailer loading up a car that the old unit.

Should we address it on car Friday tomorrow or a little bit later.

I want to know this here, Here's what I want to know guy, without the details. Are you disputing first of all, that the purchase price of five grand?

I mean, honestly, like I said, the purchase price is not five grand, Tom, Okay, the vehicle. The vehicle was one hundred percent sold, as is I've gone to my paperwork.

We have Well, we don't dispute that, okay, but how much was it? How much was it?

I believe the purchaseise is under four thousand dollars before sales tax. We don't have.

Dealer hands forty it was for five, okay.

So i'll computer.

But but I mean the facts that are some of the facts that are being left out are the facts that Linda, upon purchase took it to her own personal mechanic in Idaho Springs.

I believe, and had it inspect it. Who gave the vehicle a clean bill of health?

Well that that mechanic sex Now, No, they did not.

It doesn't matter what happened. It doesn't matter. We're not even talking about I agree it was as is. Who cares, guy, I don't care. It was as is. The price was forty one hundred.

By the way, guys, ye okay, okay, she bought the car, she.

Did whatever, go ahead. However, many few days later, however, many few days later, she called insane, it needs an engine. Yeah, the vehicle is actually financed by us. So she never paid forty something hundred.

I think she put she put twenty six hundred down.

Okay, twenty six down.

Twenty five hundred, my bad. Keep going.

Well.

The options at that time were, well, we could make the repairs needed, which would be a replacement used engine. You would need to pay half of that upfront, and we could add half to the to the loan, or you could return the vehicle. She adamantly, You.

Never told me I can't turn the vehicle.

Guy, Yes I did, Yes, I did, Linda. So she adamantly, adamantly said, I can't return the vehicle. I have to have a car I travel. I believe it was between campgrounds or something for work. So we said, no problem, bring it down, we'll have a fix. We gave we will give you a car to drive for the duration of the repairs, which I think took a couple of weeks. We gave her a car to drive.

It and month you had that.

Let him finish, Let him finish, let him finish.

Really, but in four months, Linda, you had a vehicle to drive. Yeah, you were never inconvenient without a vehicle.

No, I put her on hold, put her on hold. On keep going, guy, Oh my god, just keep going. We put her on hold. Go ahead.

So we gave her car to drive for however many weeks or months it was, go ahead, and we made the repair. I wasn't happy with the repair. We did it again. You know, the car drove great when it.

Left our shop.

It didn't leak oil, it didn't have whatever it is, you know, something wrong with the turn or whatever this shop is saying. I personally drove it. We drove it to I live in color Up Springs, our stores in Denver. I drove it down to Color Swings and back. I had my staff driving, my service manager driving, because I did not want problems with it, because I knew that she travels for work.

Okay, then what.

Let me think?

Can we got to take a break. I have no choice.

Guy, I really appreciate it, and we're giving you every opportunity to talk about each and every detail.

We got more coming right up.

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Oh three nine two zero sixteen twenty two.

All right, So we're discussing this deal with the Springs Automotive Group with the owner guy, and he said that Linda spent about forty one hundred on the car, but only put twenty five hundred down and then we're going to make payments and he had to add to that part of the replacement engine. And then she was going to pay cash for part of the replacement engine, but she got a loaner to use the whole time and then replace the engine.

And that's where we left off.

So what we're trying to figure out is do they owe her anything because she took that car with that replacement engine to North Dakota and broke down, and the mechanic up there says the installation of that engine was deplorable. He said it not only was a bad engine, but it caused further damage to accessories to the turbo and is costing her an additional twenty seven hundred.

A guy, you can continue.

You said you tested the car out and it was in good shape.

Go ahead, Oh well, I think the I mean, yeah, we did. We put I want to say, hundreds of miles two three hundred miles on the vehicle upon installation and a drill find And honestly, I don't I don't know what day she left for her trip after picking it up, but I mean, I guess the fact is we made the repair, and I believe the warranty, if I'm remembering correctly, was a ninety day parts and thirty

Seen more right, And you guys, and you guys, whoever your warranty company has sent another engine to North Dakota.

No one's disputing that she was willing. She was willing to.

Pay even the labor to put that second engine in, which was eighteen hundred. What she thought was unfair is that there was an additional twenty seven hundred in damages done by the previous engine.

Yeah, I don't think those are facts. I mean to be one hundred percent honest. Since Linda requested that I get into all the details, she ever made a payment to us since May the fourth, so she's currently ninety days delinquent and the vehicle's out for repossession. I don't think she was ever intending to pay a dollar. According to the conversations I had when she threatened to own the Springs Automotive Group and I would be working for her.

Yeah, butN okay, guy, I am all frustration, man and the guy. But you understand the reason she wasn't making payments is because she didn't have a running car. I get it, but I you're right if she's linquent and it's out for repossession. The thing is, this woman just spent money to get another engine put in her car or was billed. I don't know if she actually paid it. I don't know if she has any money to pay. To be honest with you, I just want to bring

Well, I mean the point of it is is if if she was owed something, we would do it. And we've been doing this for seventeen years.

You know the.

Facts are, and I believe Linda will tell you that. You know, there's a lot of unknowns that are not being told here.

So I mean, well, why aren't they being told?

Why aren't they being told? Guy? Get tell them? What are the unknown sir?

Ask her like, what has she paid and what hasn't she paid?

And what we're taking you at your words. She hasn't paid in three or four months. Okay, we get it. She put twenty five hundred down and she's feeling you're okay, so she owes you money. But do you guys feel any responsibility for the twenty seven hundred dollars in damages that this mechanic said that the previous engine did to the accessories?

Well, I mean it's not at our service facility, so it's hard for me to know exactly what it is. But I do find it hard to believe that installing a youth engine could cause an additional twenty seven hundred dollars worth of damage. Like, I just don't know how that, okay, even possible. I mean, we've been doing this a long time. We have ASC certified technicians, like you know, it's just and guy.

Guy.

I can't vouch for the guy up there. I mean that's what he told us. He sounded like a pretty straight guy.

But I can't vouch for him either.

You know he did he did say he took photos, and we have some of them. Would you be let me ask you this, would you be willing to look.

Into what he did? Well, it's in a different state.

I'm talking about via photos and conversations. In fact, Guy, this, this mechanic said he would be happy to talk to any one of your technicians to explain what happened.

I would definitely put him. I would talk to him, or I would put him in touch with other people. I'm not mechanically inclined, so he could tell me that, you know, this bolt broke or whatever it is, and I don't know that I would know exactly if that's I.

Think that's a good start, but I want to readdress one thing.

Guy. You know, there still is this fact.

I understand you sold it as is, but you guys sold a car that the entire engine needed to be replaced in three days, and it's been a living nightmare for this woman since.

Well.

I don't know about the three days. I do know that she took it immediately from our service department, as recommended by us, to a service facility to have it inspected, and at that point we gave her the option of returning the vehicle upon inspection.

Linda, Linda, do you recall being able to return that car?

Linda, No, no, no, no, Here's what Tom.

Hold on, Linda, Tom, here's what Guy just said, and guy, correct me if I'm wrong. Before she signed the paperwork and purchased it, she took it to a mechanic to look at it.

Then she bought it. No, he didn't say that. They didn't say that she.

Did that afterwards.

Yeah, he bought the.

Vehicle late at night one night, and she lives, I believe in I'm the host Springs area. And so the next day she was to take it to her mechanic to get inspected, and I believe she did that.

And then you gave her the option if she didn't want to keep it to bring it back.

I did.

I did.

No.

No, I have a friend that came in with me to discuss this. He's from Pueblo, and I was never given the option to return the car. I would have done that in a New York minute.

Well, Linda, I'm going to tell you that right now, you're in a bad way.

Okay, Unfortunately you're on the hook for all of this, and he's got a sale to you.

Is it?

Is it a good deal? No, it's not a good deal. I mean it's terrible. But how much money, Linda, I want to know this, no exaggeration. Are you actually out of pocket right now. I mean out of pocket, not what you owe. What are you out of pocket?

That's a hard question, Tom.

Because no it's not.

It's not a hard question at all. How much did you put down on the car? How much payment? How many payments have you made? What are you out on this car? It's called math? How much are you out?

The selleive you did not.

Pay forty nine? You put twenty five hundred down? How much cash are you out of pocket?

Okay, I financed the balance.

I'm not asking what you financed.

I am asking you how much are you out of cash? Out of pocket invested.

In this car? Right now? Let's let her add it up over the break. We got a break, Linda.

That's got you got to give me an answer, because I have a strategy you're not going to like, but it's the only option you have. I want to know how much money you're out in cash, in actual cash, not in promisory notes, not in loans, not in repair bills, in cash, and I will have an option for you to get out of it.

Coming up.

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See our listeners should know you're talking about our youtubbs.

Yeah, I'm talking about comments.

Mark puts people, He kicks them offeet if it doesn't like what they.

Say, even if they say something nice about him. Tom, that's just like being a youth.

That's like being a social a social media nazi.

Anyway, here's what I need to tell.

I really want to talk to Linda and help her, but I don't want to keep going back and forth, because really, honest to.

God, there is really only one way out of this.

There really is, and I hate to put it this way, but there is only one way out of this. But I need to know how much Linda has actually paid, not what she owes and not what she has builled. How much have you actually paid with down payment on the car or any maintenance on this car. I'm not counting traveling to North Dakota that you would have to do anyway. I'm not talking about gas. I'm talking about this car. How much have you paid?

I'm out of pocket right now? Ninety one hundred.

No you're not, and no you're not. You have not paid.

Okay, delineate that for me. Tell me, tell me what you've spent.

Go ahead, Okay, I put twenty five hundred down, got it? I made I made four payments of three hundred, so that's thirty seven hundred. I skill ow them two payments.

I'm not asking you what you owe. I am asking you out of pocket. You have not spent nine thousand, one hundred dollars. How much have you spent on this car?

I'm telling you it's nine hundred dollars.

Okay, Okay, keep going then you got to thirty seven hundred, which I'll grant you.

You made three payments plus the down payment. What else?

Then the forty eight hundred for the engine?

You didn't pay that yet?

Yes?

I did? Oh you did, he said you.

Okay, forty one hundred, Go ahead, okay, forty one hundred, thirty seven hundred.

Forty.

You you actually paid in full that forty one hundred, right, the forty eight The forty eight hundred, I thought, he said, you put some of that on a loan.

He said, she paid fifty percent, and then fifty percent was tacked down to the in house loan.

Bring up guy again, guy, did she pay one hundred percent for that engine?

No?

Am I on the air? Yes, No, I actually have my staff added up exactly what we have collected, and I can delineate each.

Receip Go ahead, go ahead, and tell me guy, go ahead.

The total that we have collected is four thousand, seven hundred seventy nine dollars and ninety four cents, and I can go through each one of those teaments.

Go ahead, go ahead, go through it.

Go here right okay, quickly fire okay. So twenty five hundred was collected on Mark.

Now, you don't have to give me details. Don't give me details. Twenty five hundred down?

What else?

Six hundred dollars cash upon repair of the vehicle on a go ahead? Now six hundred tour.

Again, you don't have to go into details. Please keep going.

Eight hundred dollars on April to third on a credit card, okay. One one hundred dollars on April. The third car payment April fifth, two eighty nine ninety seven, okay, a short car payment for two hundred dollars on April to fifth.

Okay.

So if you take all that money you said you collected, and then you add to it the money okay. So Linda, he's coming up with about four grand. Where are you getting the.

Rest of that?

This should be good.

He did he did not. He did not pay for half of that engine. And add it on, I have no paperwork? Whatsoever?

Did you pay it? Did you pay it? Linda?

Oh? Yeah, well how'd you pay it?

How'd you just need to get receipts from her? At this point? Something?

No, I'm not going to do it because her numbers aren't making sense. When math doesn't make sense, people don't make sense. Here's what I'm going to tell you to do Linda. Okay, I'm serious. Now leave the car where it is in North Dakota. That guy is going to put a mechanics lean on it and sell it because there's no way that Springs Automotive Group who is going to retrieve that car. It's not worth it to them,

You need to declare.

Listen, Linda, I'm telling you the truth. You need to declare a bankruptcy. There is no way out of no no, no. Guy was saying something.

Go ahead, guy Tom.

I will you know what after all of this, I'm not coming after the DEFIICI and see balanced. I mean you know, I mean, like you said, I don't. I feel like we did everything that we told Linda we were going to do. Plus we went above and beyond and she was never inconvenience other than having to come down and pick up a different loaner car.

Well, if he's not, that's all I can ask of them. If they're not going to come after.

Any more money, and you're paid in full, Linda, then what you need to do.

Is either do a bankruptcy or take that car.

And pay the guy up in North Dakota. We we really can't spend any more time on this, Linda. I'm sorry. We've done the best we can, but you're not completely straight, and you've also made every single mistake you can make. Now, I'm not saying that you were one in the wrong, but this guy said, look, I'm gonna walk away. Just just good luck to her.

We're we're done with this. We have more coming up.

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

Hi, I'm Tom Martino.

Okay, so I want to go back to Guy, the owner of Springs Automotive Group.

Go ahead, Guy, go ahead.

Well, I was just uh, I was just thinking, like you said, you know, how how does this steal end? And is there anything we can do? You know, we definitely are not going to uh pick up the vehicle. The least I thought I could do is uh, you know, not go after any collections or you know, anything like that. She doesn't need to file bankruptcy because of a thirty five hundred dollars ballance, too, I think is what's due.

And that's and that more than makes up for the so called damage. Even if that the first installer did damage, it more than makes up for that. That's all I would have ever asked, and I thank you.

I'd like to go one further because for two reasons. One because we've been doing this a long time, almost seventeen years. I mean we have I think over three thousand reviews and a four point nine rating. I mean, it's definitely not our intention, like I believe one of your.

Okay, so go ahead in the interest of time, because I want you to get it in before the end of the hour.

Go ahead.

Well, I know, but we have plenty of time to talk bad about Springs Automotor Trove, So I'd just like to talk good for a second.

And what I'd like, Yeah, and that's what I'm trying to get you in before the end of the hour.

I'd like to give Linda the title to the car so that if she can negotiate selling it in Nebraska or North Dakota or wherever it is.

Oh wow, I to recuce.

Some of the money, you know, because there's no sense in the mechanic selling that car for I do at all thousand and two, three thousand whatever. It's worse with a new engine sitting right there next to it or a used engine.

So I think that's wonderful. I really think that's wonderful. And I do appreciate it.

I really do.

And I want to apologize for anything I said about about.

You guys, because.

You're right, there was way more of the story Springs Automotive Drift.

Thank you. I really do appreciate it, guy.

And I'll make a note of that to mention it more than one since we brought this caller up a few times. Okay, you have my word on that one. And again I want to take Mike as a comment on how I handled it.

Oh, he might hung up, okay.

Three oh three seven one three talks seven one three eight two five five. Again the guy came through. Look, she made mistakes. There's a cost to that. So we're just gonna have to call this good. Three oh three seven one three eight two five five.

Are we are we out? Oh?

No, we're going out right now. I was wondering because I was looking at the clock and I might have been uh miss timed here a little. Okay, so uh get your calls in for the next hour. We got Brad O'Brien with US O'Brien Legal Services. If you need help or information on real estate issues, that's olslaw dot com. Go with a sure thing Denver's best roofer Excel Roofing dot com.

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Time for an insurance check up, free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only custom 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 up.

New need advice, So you don't have.

Come running. Just as fast as we can.

Show Shooter's gonna help come man.

Dix is the Troubleshooter Show.

Now, Tom Martino, Hi, Tom Martino here, Welcome to the show. Three oh three seven one three Tom three oh three seven one three eight two five five. We are here to help you solve problems, answer questions, take complaints, and make your life a little easier. And uh man, we're trying to do everything we can. Now I'm gonna go back to Betty and I'm so sorry we had to delay that.

We had this problem with the used.

Car purchase that we tried to get through. And Betty said that let me where she left off. She has two sons fourteen and fifteen, with mental health issues, and go ahead, I'm sorry, Betty, go ahead.

What's going on?

So?

Like I said, I've been trying for years and years to try to get my son help.

Try to get help. Do you have health insurance? Are you on Medicare? Are you on Medicaid? Are you on tell me what's going on with that? Do you have insurance? Of any kind.

I do have insurance.

Part of it is, like I said, there's an age thing that usually symptoms don't show up until you know, closer to eighteen.

So are you telling me that you were denied help for these boys?

Well, essentially, yes, I have been trying. And then the also, once you are fifteen, you get to make your decisions for your mental health, regardless of your parents.

So my son chose.

To refuse the little bit of help we did get with therapy.

And wait a minute, a minute, wait a minute. You're telling me that a fifteen year old can refuse.

Help, Yes, and their medication.

A fifteen year old, Yeah, they have more rights than you think, Tom, I learned that.

Fifteen and at thirteen, their voice matters. So now my oldest is not in my home partially because of his voice.

So your fifteen year old has been removed from the home.

Correct in December.

And partially because of what he was saying. What was he said saying?

Well, what originally happened was in October, my son did a lot of damage to my home in his bedroom, lots of holes, and I unfortunately had to call the police on him. This isn't the first time he has caused damage or attacked myself or his brother, and they charged him with criminal mischief and brought him back to my home and we started him on with court stuff. And then in December he again did a bunch of damage to my home and that's when.

He was removed.

And the criminal mischief case was still around for a little while, but then they decided to change it to a DNN, which is dependency and neglect on me?

And can can kids at fifteen refused regular health care or just mental health care?

I believe it's.

Just mental health care. I've never had a problem with them going to the doctors for their physicals, but I think they can technically deny everything.

But I could be wrong, And why were you?

Why was this case turned into dependency and neglect?

Over the years, we have definitely had some problems, and I will admit that a year and a half ago and before, I did drink more than I should have, but I got, you know, nothing that ever put my children in danger. But when rolling or sorry, when my child you know, would run away or something, you know, they'd come in and they would ask you, you know, if there's any drugs or alcohol, and I'd be like.

Well, well both boys, we're both boys taken away?

Uh my newest, my youngest one was basically coerced to run away, and now he's being harbored as a minor with someone, so I haven't had him.

That means what does that mean?

Harbored as a miner with someone? What does that mean?

It means someone, an adult is keeping my child without my permission?

Okay, And did you call the police about that?

I have, and they are very unhelpful because of everything going on with DHS.

So, in other words, they don't think you're a good mom. Just say it like it is right, pretty.

Much, even though I have, they didn't have enough evidence to request UA's or anything. And I finally, with my lawyer, said let's do UA's. I got nothing to hide. I'm tired of all these lives. I mean, there are some really ridiculous lies being said about me.

And so are they trying to take both boys from you?

It seems that.

Way up until Saturday, they never had any intentions of taking my younger son away.

And you know, do you know who the person is that has your younger son?

Is it a friend?

It is a family member of his? On a family member of his and.

They are on the one one on the dad's side. Correct. Okay, what family member a sister? Is it? Your dad's mom? Who is it? I mean his dad's mom, who isn't?

Yes?

Their grandma, their grandma.

Okay, so their grandmother is keep there is keeping the fourteen year old.

The fifteen year old is wares in custody.

He's with a kinship friend of a family, and.

He placed there by the courts.

Correct.

Okay, so you're pretty much screwed right now. I mean they're they're pretty much gunning for you.

Uh yes, And I mean I have I have proof that these these allegations are false like that.

And that's what court's for. Hold on, that's what's court. The court is for proof.

Yeah, and we've given them all of it. Yet they're still looking at me like I'm this horrible child.

Well, let me ask you.

Let me ask you, Betty, when was your When was did you actually go to court?

We go every month?

What do you mean you go every month? Never heard of that? What is that for?

It's an active going court.

But normally I never heard of every a month? What is the every month thing? What is that all about?

Since DHS is involved. We have to meet monthly with updates on progress because DHS comes to my house.

They so they have not terminated your parental rights.

No, but they wanted to. Was it August it was either the July. It was the July hearing with my older son has court ordered you know, therapy that he's supposed to be doing with me, and he's refusing it, and they don't seem to care. And they wanted to put permanency on my son after six months with none of us doing anything, which we of course objected to. And so now there's a new plan. But we're still waiting because.

Where is your husband and all this or the biological dad.

Biological dad is part of this.

But are you guys together or not?

No? No, he has a he has a new wife and.

All that he does. He want custody.

No, m H does anyone is anyone trying to get custody?

I believe kinship is for my oldest son.

So they don't want both of the boys together.

Well that's what my younger son is trying to do. He according to you know what happened this past Saturday and him giving off a bunch of lies because of what happened. He wants to have his guardianship changed.

From from grandma to me.

No, I have guardianship. He's just not with me.

I see. Hold on, who does he want? Who does he want to be with?

He wants to be with his brother.

Okay, Now does the person with the brother want him to do?

They want both?

Well?

I feel like they would, but I get weekly check ins and as of you know, the last weekly check in, they work together for two days and they said it was great bonding this and that, but definitely, you know, with time to have their break because they started getting heated because they clash very much, and they my oldest son has assaulted my youngest So they go through these phases like just last Friday.

Is someone I'm going to ask this again in a more clear fashion, is someone trying to get custody of both of them together?

Not as of yet, but I believe that's the next.

Okay, And is everyone accept you in agreement like the boys and whoever wants custody.

Since the younger son, it's not processed yet, that's not fully but everyone else is besides me.

And my lawyer.

But I'm asking you if the boys had their way. Would they want to be with someone else?

It depends on when you ask them. Okay, it depends on their mood and whether or not I've said no to something.

Yeah.

And where does Social Services stand in all of this right now? Or health and Human services, whatever you call it. Where does the government stand right now? Where's your case stand? Are they having these monthly updates with the hope of you getting the boys back? Or are they trying to determine if they should be permanent?

Right now?

It is to get my boys back to me, but nothing is being actually done to get that to happen.

Well, you have an attorney, So what does your attorney say will happen?

They are looking into DHS and everything right now. They told me to report the runaway and harboring of a minor. I tried to get my younger son back on Monday with assist I you know in this, you know I your attorney?

How are you affording an attorney?

Thankfully, this is the only blessing that has come out of this. The judge did grant the fact that I absolutely need an attorney, so it's it's paid through by the court. Otherwise I would not have one.

Got it, you know, Betty, other than just listening to your attorney and going through the system, what were you hoping we could do.

I know that you know, dhs and courts and everything wrongfully take children out of homes because.

Very seldom, very seldom did they wrongfully do it. But every now and then they get it wrong. Yeah, every now and then.

And and I just I feel hopeless. I mean, I've tried to, you know, give them everything they want.

I'm abiding by everything I'm trying to.

You know, We're going to therapy all the time.

Yet they're not budgeting, and I don't know if there's more I can be doing to self advocate to get.

Yeah, there is, actually and if people would actually, if people would actually get me listen to me now and then I think they would make a lot of progress in this area.

Hold on, I'll come back to you.

I'm also going to take Eric who was on the other day, and all of your calls coming up. We have Bred O'Brien O'Brien legal services as well, and somebody wants to talk about there's some landlords asking about the just cause lease or lease provision in the law, which is a relatively new law. All of that right after this on the Troubleshooter Show. Three o three seven one three eight two five five waterpros dot net. You want water softeners thirty four hundred bucks for the whole house.

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 one help. You'll think if 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 Martinez, you're a troubleshooter.

Three oh three seven one three talk seven one three eight two five five Betty, I'm gonna go over some stuff with you, and again, there's nothing we can do to change this process at all ever, but there is something I can tell you that happens every single time. Okay, every single time. I'm just going to go through this with you. Every single time there's a dependency and neglect, a parent will call me. Now I'm going over forty

As far as lying to you, the Division of Human Services.

They do not want children, They do not want to break up families. They don't want to displace kids. They do not want it. They do not The last thing in the world they want is for that to happen. They now people think, oh, like you even mentioned they like to take kids, or they take carekids, or they they don't like it, they hate it, and they do

Now I have said all of that, we got it.

Okay, Okay, you've actually said, I'd like to have an action plan to get my children back, and I'm willing to do any in all things.

That you recommend.

I have said it since day one. I have said it in court.

I have always said, and what do.

They say, No, Well, Betty, we refuse to give your kids back. Is that what they say? What do they say when you.

Say that, they tell me that I'm doing everything I'm supposed to do.

Get it up, excellent? How long? How long has this?

When was was the dependency and neglect actually ruled?

When? When when did they charge you?

That was November December?

December?

So we're coming up on the fall. Okay, so you've been going through this for about eight months, right?

Correct?

Okay?

When do they say or your attorneys say, the timetable is for getting your children back if you did everything correctly.

We need to go through family therapy before anything can change. And my son is refusing it, and so it's a way to games.

And now the fifteen year old is refusing it correct And why is that?

Considering I rarely talk to him. I can only assume, and my thought process is if we go through the therapy, then there's a good chance he has to come home with me, which means he doesn't get to live like a only child anymore, and he doesn't.

Get his How many kids?

How many kids do you have?

Two?

I gave a child up for adoption, and I do have a stepdaughter, but she's older and I have grandchildren from her.

Are they living with you.

No, only my only my two youngest ones. The rest are all over eighteen.

Okay, all right, your grandkids are over fifteen?

No, no, my my grandkids are less than a year and nine.

Okay, So your son fifteen, you feel doesn't want to come home, and that's why he's delaying the process?

Correct?

And what is social services doing about that?

The last court we then had a meeting to discuss therapy and get it in planned because you know.

What are they doing about it? Are they are they compelling him? Did they tell him he had to go to counseling?

It was court ordered, but he's refusing and he legally can.

Do that, yes, and sure can, And well then what good is the court order?

I'm not sure, Tom, But they can refuse.

There's certain things they can refuse in Colorado. I mean I can't. I don't think they can tie him down for counseling.

Right, this, this is part of the problem. And you know it's it's just basically on hold, no matter what. And he finally agreed to do a little bit of time with me, but so far we haven't actually that's been agreed upon, but it also hasn't been put in place at all, and we're going on over a month of that, and.

What does your attorney tell you to do?

We just, unfortunately, we keep you know, disputing things, and you know.

Trying to what do you mean?

See hold on, what does that mean? You keep disputing things? What what are you disputing? That's the point I'm trying to make. You said you weren't disputing anything.

What are you disputing?

Well, we're I'm just disputing some of the false DHS allegations that are being called because I have DHS coming out to me with new accusations.

What are the accusations?

See, Betty, you told me that you accepted everything they said and would do whatever it takes. So tell me what you're disputing. Just get to that part. I don't need the story. Just what are you disputing?

I do not walk around naked in front of my children. I do not have sex in front of my children. I do not give them drugs. I do not do any of those things that I'm being accused of doing, which is outwing.

And who's accusing you of these things? Who's accusing you of these things?

Well, of course they're all anonymous, But I can you know, I can assume it could be kinship, It could be that side of the family. It could even be my children to get their way.

Betty.

This also when you tell them, when you tell them, I acknowledge the problems and I need to know a plan to work through it.

And what do I need to do?

What do they except for these?

Is that what you say? Except for this, this, this, this, and this? What the point of getting right?

They have requested me do individual therapy, which I was already doing, stay on my medication, which I was already doing, complete probation from a year and a half ago, which.

Was already done and sealed.

They want me to do family there.

So you're doing everything that you If you do everything they if you do everything they request, you should be getting your children back eventually.

Betty. The scope of the.

Accusation says no, they they can absolutely take them away just because my fifteen year old decides not to.

I know that's true. Yeah, that's true.

Like I said, I'm doing voluntary uas because I have nothing I know.

But but Betty, this isn't Do you understand this is an unsolvable problem. The words, unless you reconcile with your kid, unless this can be done, and maybe it can't be. And I understand that. And if it can't be, it's an unsolvable problem. It's not a problem that's going to be solved. It's literally unsolvable that you must move on.

Sometimes my right can't be can't be heard, and and well.

There they are being heard. But so is your so is your boy. And I'm telling you, whether or not we agree, that's the system we live in.

It is, and and the system we live in, what's we we have to end? Betty.

I wish there was something we could do well. No, actually most states are getting this way. But I will tell you if your boy wanted to be a girl, he could, Okay, and you would have no say in it, Okay. I mean so the fact that your boy, so, if he can desert to decide that, certainly he can decide where he wants to live or why you're not a good parent. Now obviously they're not charging you with anything, so but but they are listening to him. I don't

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Hey, Brad O'Brien on the just cause a landlord wants to know, do I just evict because I think I have a reason and leave it up to a tenant to challenge me.

Are there any penalties for doing that?

Somebody and somebody else asked, where do they get a list of acceptable causes?

So two different questions.

Well, the causes are in the statute, can look them up.

Okay, So there are causes in a statute. But what if they're like Hazier in between? I mean, I imagine they can't have every single instance.

It's pretty clear it is.

You can't not renuce unless you have you meet one of the exceptions.

So it has to be one of those specific Give me an idea of an exception.

Okay, landlord wants to sell.

Okay, so you're allowed to put it up for sale. You don't have to prove it, or oh.

Yes, you do have to prove it, okay, to give the tenant ninety days advance notice. And then the statute is very exacting about the procedure for selling. You have to have it listed by us.

Oh okay, So it is pretty specific.

You can't just make it up and use it as an excuse to not renew somebody.

Then somebody says, then if I do it and somebody doesn't challenge it, I get away with it.

Right.

Well, I believe there are penalties in the statute. I haven't focused on that. I'd have to kind of look that up.

But have you had a lot of calls on it since this new kind of not so much yet.

No.

Okay, but it's called just cause. So does that really mean a one year lease is no longer a one year lease? Right?

Well, there's a big exception, and it's that a tenant in their first year of tendancy doesn't have the benefit of this statute.

Oh, I didn't know that.

It's a huge exception.

It is the huge So anyone who just leased out a place for a year it is a year.

Well, there's a problem. You can go over by one day. If you do a one year lease on the first year, you just you just satisfied. You just avoided the ability to use that one year exception. So it probably makes sense for landlords in the first year of a tenant to go a year minus a day or eleven month lease to make it simple.

Oh, I see, because if it goes a year, then they must abide by the just cause.

Yes, unless they want to sell, convert it to short tormental move back in, renovate that sort of thing.

Okay, so if they go less than a year on the first lease, then if they go, can they keep doing eleven month leases and get away with that?

No, it's just the first year of a tenant's residency. If they're in there for two years, then the tenant has.

The right to have a just cause.

And I don't know if I don't really know if uh landlords care about this or not.

I don't know.

I'm sure they care about it, you think so, well, of course, what it is that they have a horrible tenant?

Yeah, this is a big thing because landlords sometimes just don't like their tenant just because they rubbed them the wrong way.

They don't do anything, but they don't do anything to get along with any of the neighbors, but yet pays on time.

Yeah.

One of the reasons is that you're that you cannot renew is is if they are a nuisance?

But what would that? Yeah, but that encompasses a.

Lot of subjective and you're gonna have to go and prove that up to a judge if if that is at issue.

Yeah, a nuisance? What would be a nuisance? Right?

So you tom your neighbors could probably get out of their uh leash.

Because of me and the next door. Okay, we got to take another break. I want to just say that to Brad O'Brien when he's not here. He's at seven to zero three seven zero seventy three eighty eight o ls law dot com. Go with a sure thing Denver's best roofer Excel Roofing dot com.

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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. Brad O'Brien from o'brienols Law dot com, O'Brien Legal Services. Okay, Brad, let's talk about on the closing docs.

Someone wants to know.

Have you first of all, on closing docs? What do you find that people should read that don't or that can hang people up? He thought they're all standard, So what do you do about are there are there any.

Things that can trip people up on closing docs.

Well, normally you want to look at your purchase contract and make sure that the closing documents do reflect what's in the purchase contract. So if it says buyer pays this fee, then the closing document should reflect that versus the seller paying.

Have you found mistakes like that obvious mistake at the time.

Yeah, they're usually big mistakes too.

Really.

Yeah.

And then someone also wants to know if covenants are not disclosed at closing, can they still enforce them.

Yes, those are a record title they apply.

To You have to go and make sure you do your due diligence as opposed to just waiting for someone.

To supply stuff to you.

Yes, buyer beware.

Okay, remember that, folks. If they don't supply them doesn't mean they're not there. I'm Tom Martino, olslaw dot com. Don't forget three h three Martino. Save all your problems for me.