The Troubleshooter 9-12-24

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This is the Troubleshooter Show. No Tom Martino, Hi, Tom Martino here, Welcome to the show. Three oh three seven one three talk seven one three eight two five five. What is happening in your life? How can we help you? All you have to do is give us a call and we will do it at three oh three seven one three talk three oh three seven one three eight two five five. Hello to everyone. Uh, what is going on? Let's talk right now. We had a couple of things

Okay, so I think if you taking my call on by the way, So I bought a used car and during the test drive, the dealer said, hey day, he's not working.

We'll fix it for free.

We'll deliver you in a few days.

Okay, So what did they say they were going to fix? First, they installed.

What their conditioner wasn't working, so they said they had the party, they're going to fix it, and they were delivered to me.

Never was done fixed the AC okay, go ahead.

Then what yeah, so they on their way to deliver it to me, I guess the car overheated. So they brought me a loaner car, took my car back to the shot to fix it.

Now why did they so that's did they say they were the problem for the overheating.

They didn't say what the problem was. They just said that it was it was overheating. On the way to deliver it to me. So I guess wherever it broke down, I guess they swopped out with the loaner car. They brought me a loaner car, and they took my car back to the dealer and they had it for all.

But a month.

They said it was the head gasket so they saw I had a loan of the whole time, so I was complaining. When they did bring me the car back, I had it for six days and overhead again, actually had to miss the day of work, had paid to get it towed back home. They took the car back again and gave me another loaner and had it for another month.

Wow, you know what. And they've been trying to fix that same thing ever since.

And it happened again yesterday, but this time they're saying, oh, we don't have any loaners, we may or may not cover the repairs, We may or may not reimburg you for rental, you know. And it's like, well, it's the same issue it's been happening, you know.

It is the same issue. But it's weird. This is a weird situation. Let me tell you why, because technically, did you buy it with a warranty or did you buy it as is? How did you buy it? Okay, technically, if you bought it as is, they they didn't even have to fix the air conditioner unless they fixed the air conditioner before you even got it. Is that right? Yes, yes, okay, And they agreed to do that, but then on the way to you when it overheated. They could have technically said,

But I would assume so, I'm not ex actually sure. So when I picked up this last time, I asked them to give me a list of all the stuff they did, and they said they get it to me, but I never got anything else.

So the same problem right now is overheating. Yes, but it still persists after how long? How when did you buy this car?

I bought the car of June fifteenth. I probably had it in my position for maybe three weeks since.

Then June fifth, Yeah, but you had a loaner. Do you still have any loaner? Yeah?

No?

And where'd you buy it from?

A Korf in Fort Morgan Korf?

Is it called korf used cars.

They're a cheap Chrysler dealer corp.

Juice. Okay, now here's the thing. So they tried to fix it. They haven't been able to. Now the question gets very interesting. Are they required to fix it? I mean truly? Are they required to fix it technically the or not? I mean, except they kind of bought the problem, you know, they in other words, they actually hurt themselves by getting involved. So what do they say they will do for you right now?

Well, when it happened yesterday, I caused them back and they said, if it's related to the repairers they made, they'll cover it. But they don't have any loaners. And I said, what about eventual reimbursement? They said, well, they said they may or may not.

Wella wait, hold on, So what are they proposing you do at this point?

Well, they wanted me at first. They wanted me to take it to my own mechanic, to have that reddit.

And to have you and to have you pay for it.

Yeah, so I was like, nose, I can I can't really afford it. So actually I had it towed to them this morning. So it's actually back at the dealership this morning because I can't afford to pay if it's a head gut, it is something you know, big like that, I can't afford.

That, so I know you can't. So, as I said, they seem to be cooperating, at least cooperating, right, So what was the what's the late what's the latest thing you heard from these guys? What's the latest that.

They're gonna look at my car today? And when I talked to him yesterday, I said, okay, man, get total over there. They said, all right, it'll be one hundred and eight dollars diagnostic feed. But we may cover it, you know, and whatever repairs are made, if we may cover it, if it's related to the repairs we made before. And that's it pretty much. But I had to miss the day of work, all right, two days of work now, but I've been suspending because I've had I miss two

Now. I get you, man, No, I get you. So let's figure this out. I want to call them. I want to put somebody on this. Who do we have today, Kachina? Who do we have? We have doc? We have both? Okay, Who's who's lighter on load. I'll give him a call Tom. I mean, let's try that, Doc. Let's try that. Okay, let's so, I'm gonna have deputy Doc call over there. Doc. By the way, yesterday the Hamburger choking, did you get anywhere on that? I'm waiting for the for her to get the record.

Yeah. Hey, while I'm on the subject, can't you say one thing? Yes, sir, Beverly called a while ago about remember with a washer. There was a problem with the washer, and you say.

It was the Maytag washer may second needs warranty work. The text refer they referred would not do warranty work, and they can't seem to find someone right that the company can't find.

And you told her to have her son see if it's leveled.

Yeah.

Anyway, I've tried multiple times and her voicemail is full. It can't handle any more messages. So, Beverly, if you're listening, please let us know so I can get in touch with you and see what we can do to help you.

Yeah, because I suspect, after all, I suspect it's a leveling problem because it turns off and the self leveling on these work only to a certain extent. Then they don't.

Right, But anyway, I can't get in touch with her, So bebly if you're listening, just call the station.

Thank you. Okay. So that's what we're gonna do. We're going to play that one by year three oh three seven one three talk three oh three seven one three eight two five five. We will get that over Garrison's information over to Doc. He'll call on that. We're going to talk about Cassandra's dentist. Dental issue coming up. I'm Tom Martinez. Water Pros has the best system available right now.

Well, I've spoke with you a couple of times before, but now the first week of July I found out that there are there's sixty I've got fifty nine ers.

Is this is this park view?

Yes?

It is?

Yes, it is?

Now?

Yep?

Did you who's Denet?

She is one of the she's she did a Yelp review and that's one of the first people that contacted me because I had posted a review online negative one when he closed his doors and then filed bankruptcies.

So this dentist, Sean Custer, Yes, yes, you she started seeing a dentists. You were seeing a dentist and you started the denture process and paid a lot of money up front with a loan, and with her he completed extractions and then you know, got some temp temperate canchers and then she's gone, I mean he's gone. What about with you? Where were you in the process?

Same thing? He got ten thousand dollars up front. December of twenty twenty one, they did pulled the did the extraction. I've got the posts and here it.

Is, uh now, were the posts done properly? Uh?

Well, two of them. Part of it came out. The second half of the post came out, and I took it back into the dentist office, so they were aware they had the piece. But so they're not in there properly right now. I couldn't just go get snapped in dentures if I wanted to. They're still work it needs to do.

Do they do? They still have to do? They have to redo those implants.

They may have to on the two of them, They've got to cut my gums open for sure to expose them again.

And how many anchors did you have all together?

I had to have five because the bone was kind of soft on one side.

And then how many of them are bad? How many of them are bad?

Two?

Two?

So what have you guys been doing? I told you you should try to challenge him in bankruptcy because this is a different kind of a this is aferent kind of a standard. Doc.

I don't know.

I wanted to ask Deputy doc about I don't think they're like attorney attorneys are supposed to put money in a trust and a trust fund. I don't know what doctors do. Doc, I mean you probably never took money up front when you were delivering babies, did you.

There's a Colorado revised statute that states that they and I don't know the statute number. I was waiting for this attorney to secretary to get me a call today and tell me what the number is, because I spent a half an hour on the phone with him. But they're supposed to, Dennis, are supposed to if they take money in advance, put it into an account like an escrow or whatever.

Are they Is it like a trust? Is it like a trust account?

Yes?

Yes, so you could.

Challenge the bankruptcy, did you, guys? Well, did you write to the trustee?

I wrote to the judge himself because I could not afford the ten grand for an attorney self.

You don't need one, and the trustee represents creditors.

Judge right, But I wrote to Judge and he saw I. I cited four reasons why I didn't think it was dischargeable the death. But I've also got fifty nine other people that have been affected. We're talking hundreds of thousands of dollars.

Wait a minute, you found fifty nine people?

Yes, I have a list of people I need to get that list on some I know, I know, yes you do. I've been trying to get back in touch with you, but yeah, this is criminal at this point, I believe.

Of those fifty nine people, let's do some let's do some simple math. Of those fifty nine people, did they all put money up front?

Probably fifty percent.

Of them to about twenty five people.

I'm going to say, yeah, at least twenty twenty five at least how many?

And what did they put down? Five and ten grand or ten grand or what we're talking about a quarter million dollars? What did he do with it?

Well, I've got about one hundred thousand right now in only four people. Oh my god, yeah, it's four people.

And see these other people.

I found them on Facebook because the net and another gal Tiffany, responded to my Yelp review and that's when this started, was the first week of July. So I went online and there are That's how I obtained all these other names with people that were affected. I'm just having some difficulty getting back, I mean, getting them to respond.

Don almighty, I mean, it can't be that big. Where is it? Where was this guy located?

He was in Greeley and in Fort Collins.

He had two offices, Hey, Cassandra, was the money? Were the checks or the money given to him personally or to the or to the clinic?

What would matter? What would matter?

Well, because if he's an employee of the clinic, then it's.

No, no, no, no, he owned it.

Okay, Well that's do you know both of them?

Yeah? But technically they don't let attorneys get at get away with that stuff if they're supposed to have a trust account. But I wasn't sure with doctors if they needed a trust account.

Supposedly there's a Colorado statute that's with Ron Teinsford here.

Did you ever take deposits? Doctor? No? Did you? Do you know anything about doctors that did?

I can't imagine what doctors would take a deposit?

Chiropractors? What's that? Well, okay, but but I'm wondering if that's covered. I don't know.

I can't imagine an taking a deposit for something.

Now, listen, I want to make clear I get well, there are all the time. There are doctors. There are doctors named Sean Custer dentists, and I want to make sure we're not mixing them up here, man, I.

Mean Sean Michael, Sean Michael Custer.

And is it Sean s h a w n or is it that is correct?

No, it's s h a w N. He's now he's a.

Young man with a mustache. Is he a young man with a mustache and a goateee?

Oh yeah yeah?

Good looking guy, really nice.

That's impossible that a good looking guy would rip somebody off.

Well he has.

I'm just kidding. Where's he practicing? Where's he practicing? Now?

He's in Mission, Kansas working for oh hold on a second, Keith and Associates LLC.

Okay doc and we yeah, yeah, ahead, go ahead.

We even posted a review on that website for Keith and Associates, and they removed it and disallowed any further comments.

He is now practicing in Mission, Kansas, Okay.

Keith and Associates at Keith what's the name of that k I E K E I T h Okay.

So listen, I'm not saying that that dental office has anything to do with him other than they hired him and if he's a good technician.

He listed it on his bankruptcy that there were various patients as part as being a creditor, but there was no dollar amount on his bankruptcy filing and it doesn't say that there is.

Do they have the trustee listed?

Yeah, it's Jeffrey Weinman.

Oh, Jeff Winman. I wonder if we can get Jeff on the phone. I don't know, it would be wonderful, that would be awesome. He doesn't represent the bank, he doesn't represent that guy.

He represents the people. He represents the creditor.

Jeff. I know Jeff Wineman from years ago. While the time going though? Is that allowed? Well, all we would be asking is what's going on?

Well? I don't know.

He said's going on? Will someone come on the air and talk about it?

I don't know. Let's call Jeff. Do you have a number for Jeff? Okay, hold on. Jeff Lineman's a good guy. I mean, he's a bankruptcy attorney himself. Kelly, plus the number up and I'll give him a call over the break.

So in a case, in a bankruptcy case, they generally do other things well of.

Course, right, However, if debt is dismissed, now they get a flat rate first of all, okay, and if it's a no asset deal they get the flat rate. It's whatever it is. Maybe I don't even venture to say, maybe a few granted I don't know they get for agucator. But then they get a percentage of everything that they settle, everything that they do. So that's the way they do it.

Well, anything they collect into the hopper, if you will, if it's like a chapter eleven or a thirteen or restructure, I don't think they get like a percentage of debt that was written off because there's no money.

No, it's not even real. No, that's what I'm getting at. See, there is no vested interest for them to discharge debt and excuse me, dismiss debt for example, or let me give you an example. If these people want to fight him for that money, that's literally money the trustee doesn't get O can't. Why wouldn't they just hire their own attorney and do an adversary hearing? Well, she said they can't. She can't afford it, but they certainly can together. But

That's absolutely right. But then it's not discharged and he might still owe it. Yeah, but what good is that unless he hits the lot?

He just said. He seems like a younger guy.

I mean, he's a dentist or doctor unless he's gonna complete need.

To look into this. Yeah, So put up Wineman's number. Mark's gonna call. I need her last name up too, all right, three oh three seven to one three talk more right after this go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now

Now?

Jay has a comment. I want to take that real quick. Jay has a comment on that car issue. And that's the one where the guy bought the car U up in I don't Greeley or whatever, and anyway for Fort Morgan. Anyway, he bought it from CORF Fort Morgan. And he can't seem to get it fixed, although technically he bought it as is, but once they start fixing it, they almost have an obligation. I think, what's going on? What is your comment on this deal?

Okay, actually a couple of things. One's a comment, one's a question for you. First, it's not hard to diagnose what's wrong. It's whether it's worth fixer or not. So they're stringing him along. I think they know damn well what's wrong by now. So the other thing I have, and.

They don't want to fix it because it's too expensive.

Maybe that's what I'm thinking.

What do you think ahead gas get what would what a head gas it cost for them to do?

Yeah, if it's a V six and you have to pull the whole thing apart and do crazy timing change and I don't know, I didn't catch kind of carlows. Some of them. You have to take the motor out to do them because the like the four liter Ford has timing change front and rear, and they're just a nightmare.

So it's not worth it.

Mark it Day is our unofficial deputy. He's not official, but he calls in quite often. That's what I'm calling you, our unofficial deputy anyway, go ahead, right on.

So I have a question about a car deal. You know, if you buy a car and it's not sold to you as a toe away, do you not have a certain reasonable expectation that that car runs, drives and is safe.

Well, hold on, Okay, there's two things. If it's sold into an emissions area. If it's sold into an emissions area, has to pass emissions. If if it's not a toweway, then second thing is you have certain safety things only not that it runs.

Perry doesn't run. They can't sell it because it won't pass emissions.

No, but then they don't sell it. But if they sell it, it has to pass.

Emissions as a running driving car.

Yeah, but there are plenty of lemons they Okay, go ahead, make the case.

Think in court, you could make the ca that you have a reasonable expectation that the thing runs and drives, stops.

Steers okay, yes, steers, yes, steers, yes it stops. Yes. You see there's a there's a there's a fine line here, okay, between as is and as necessary. The law only governs the emissions, and then it governs basic safety. And you will be shocked at what basic safety is. So it really gets complicated. But I know what you're saying. You're not completely off base.

You know, I think you could get a judge to go on your side if you convinced him. Judges do all kinds of crazy things. You're right, you're right, Just use good reason you're right.

I don't know.

I mean, I really think that should be tried.

But I wonder what the law actually does say. You know, it was Norris who used to have SOS inspections. Norris was the one that really was a bugaboo on this and he said to us, Tom, you know you don't understand this, but they really do have an obligation for safety. There's never any teeth in the law though who cares.

It's like the hospital's supposed to tell you how much everything is, but they don't, and nothing happens.

All that that law is the most court for it, then fair enough you have to go to court for it. But that's the point J. That's the point J was making. But Jay, you still have to have law on your side. But Jay is saying, he just he's hoping the course of equity would be reasonable and maybe say, you know what, even though it's as is you're right, but it's truly not as I mean.

Sorry, I missed what the problem with the car was. I missed the first call.

Today it's the head gasket or something. It overhead. That's not that's not a safety issue, right, that's right.

It's a reasonable expectation that it.

I I agree. I don't know if I'm agreeing with Tom or not because I don't. Once again, I didn't hear the call. But if they sold it as is and it's a head gasket issue, I don't think that's right in the world.

That's right. You give it to him, that's right. That's right with him, and helped him, remember that hold on Mark, but never did pass emissions though.

That's over that's something that's something big time. But if we just go back to what he's saying, what Jay's saying on the head gasket, No, j how do we know they didn't overheat it?

He's never he wasn't.

He never took possession, Mark, he never took possession. They tried to fix the air conditioner. Then then when on the way back to delivering it to him, it overheated. He did take possession a few times, he did, and it it it kept overheating and they kept trying to fix it. But what we did, what we did not ask him? Though, what we did not ask him did it fail emissions? Because as crazy as this sounds, he only had a few days to get emissions done. So I want to ask him. Can we call him back?

I was going to call him and get all this stuff at the break.

The dealership Marcus Corf Chrysler in Fort Morgan. See, I'm not even sure it was sold into an emissions area.

Well that's another thing right there, but free I'm just talking about.

The head gasket issue.

I don't think anybody in the world why would we have an as his clause on anything then, I mean, it would be ridiculous to start picking apart as is.

And Tom didn't he drive it until it overheated?

No, overheated before he was delivered. Then they fixed it. Then he took it back and overheated right away, right, But he.

Drove it until it overheated. So he did take possession?

No he did? Yeah, well possessions, But what difference does that make, Doc coll.

Because you said he never took possession.

You know what I mean is he never really had the car. He never really had it. I mean it was like he kept taking it back right away. Let's take this break. I'm Tom Martinez three seven one three talks seven we three A two five five. Dan mackenzie is an estate planning attorney that everyone needs. Everyone needs an estate planning attorney at some time. He does things really in a cool way. He has creative ways to do a poor man's trust I call it for an

And I did find that Colorado revised statute that talks about selling vehicles.

Does it talk about selling mark or operating? What does it say?

It talks about both, just in different sections. Let me find the one about but.

Okay, well, I want to take Joe. But after a break, after the break, I want to know, though, can you interpret those in any way, shape or form that the seller has to make sure that it passes those things? Because I'm finding different I'm not finding anything that supports that, Yes, you have to have certain safety items to operate.

It's real quick, it's real quick. In the statute, I'll give you the statue on the break. No person shall sell any motor vehicle for a highway use unless the vehicle is equipped with tires that are in compliance with sub sections.

Blah blah blah.

So right there, it's talking about a very specific item.

What's CRS is it? What's the number? It is? Forty two dash four dash two three five. Okay, thank you, we'll do that after break. I want to take real quick here, Joe, and then Joe we can continue you if we run out of time. What's going on? Joe?

Hi, Tom, I'm talking for my daughter. Yeah, and she is. She resigned from a company that ows are fifteen dollars and there's butterline harassment that come into her house because she has equipment that she was working from home that she needs to return to him, but she's afraid to give him the equipment because she's feeling that they're not going.

To pay her.

Well, that's not that's not her to do. That's not hers to do. She can't take technically the law into her own hands. And is she W two or I'm sorry, W nine?

No, she's not two.

Why wouldn't it be W two?

Mark, I'm sorry, I just I thought I got it wrong. But a W two compared to an independent contractor?

Yeah, yeah, So she's working for the medicals to play office from home.

Okay, So bottom line here, in my opinion is that you have is that she can't offset. That's called offsetting. She's not allowed to technically can't just take matters into her own hands and say, uh, you know, and she can't say I'm going.

To keep this until you do this. But she should make one call. I mean, if did they terminate her.

No, they they offer to terminate her, but only if she stuck around in until they found a new person, and then they would terminate her.

So she didn't regardless, whenever her normal payday is, they've got they've got to come up with it. If they fired her, they would have had to do it in seventy two hours.

Right, and I think she'd already passed her pay day. So I think that's the reason why she's hanging on.

That's a labor board issue.

Yeah, she did followed a dispute with the Apartment of Labors, so he's kind of waiting to hear back from them.

All right, hold on, we got more coming up on the Troubleshooter Show three o three, seven to one to three Talker three oh three, Martine go with a sure thing Denver's best rufer excel roofing dot Com. You don't pay a cent until you're contenth time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find

News. You needed that so you don't have run anxious as fast as you can.

Shooter's gonna help come Man six is the Troubleshooter Show.

No Tom Martino, Hi, Tom Martino, your troubleshooter. Welcome to the show. Three oh three seven one three Talk seven one three eight two five five. How can we help you? We want to try any way we can. All you have to do is give us a call at three O three seven one three talks seven to one three eight two five five. This hour brought to you by Frank durand the real Estateman dot com. You need to know in this market, man? Is it a flexy market? Is that a Is that a word? Fluxy? Flexible? Flexy?

Uh.

Anyway, prices are all over the place. Frank can predict with an almost certainty what he can sell a house for because he has such great experience. Frank arand the real estate man dot com, free of charge and obligation. Find out what your house will sell for, really, what you'll net, what you can buy three oh three nine two zero sixteen twenty two. Frankarande, real estate Man dot Com. Okay, back to the phones. Joe's daughter, let's talk about Joe's daughter. Hey, Joe, what's happening.

Yes, but daughter's old fifteen hundred dollars, so she has to return the equipment.

But now you're saying she's withholding the equipment because she doesn't think they'll pay exactly. That's called off that's called offsetting. Now they can offset. They can offset. They're allowed in the law to withhold payment until she returns the stuff. Okay, So it doesn't the law and I looked it up does not. And I'm not giving you legal advice now,

When I had employees at one of my Goodyear stores, or all of the good Year stores for that matter, if their uniforms weren't returned, they wouldn't get a paycheck, or I would deduct whatever they were holding period. End of story. But all of that was spelled out in our employee handbook. I would assume she probably has an employee handbook that talks about company property as well.

I don't know I can have a check, but yeah, I'll just advise her to return the equipment and then we'll go from there.

I'm just choose what makes you think they won't pay her.

Because she was working off the books and she didn't get paid for it, and she was trying to do.

Hold on, hold on, hold on. This is a problem. So let's let's analyze that. What do you mean off the books?

She was working weekends and she doesn't work weekends, so she.

Wait, wait, wait, but wait was she only working weekends or how how is she working for this company?

She was working from home, I believe, regular eight hours.

A day every Monday through Friday, Monday.

Through Friday, and there were somedays she would have to take off, you know, doctor's appointments for whatever. So to make up for the work, she would work on a Saturday or a Sunday.

And did they acknowledge that she made up for it? They did, they did. But so the amount old? Let me let me just get this, the amount old is not in dispute or is is it the amount old? Or is whether they want to pay her or not. There's a big difference.

It's it's whether or not she's gonna get paid.

So it's not the amount. Oh, they all agree she's owed a certain amount. Correct, Okay, Then whether she works weekends or on the off of the books, what difference does that make? Why was that brought up.

Only because she was having a hard time collecting pay on that?

Well, you just told me there was no dispute on what was out so in the past, go ahead, there was.

There's no dispute on what is all for her working Monday through Friday. But when it came to the weekends, that's when.

Yeah, But if she if she was making up for a Friday she took off, there would be no extra money. Is that right or wrong? No?

There would be extra money.

Yeah, why why why would there be extra money? If I took a day off and made up for it, Why would there be extra money?

Explain that to me because she was working overtime, and.

No, she wasn't. Not if she's making up for it. If I took a day off and then I worked on a Saturday, which normally plays time and a half, I wouldn't get time and a half if not if I'm making up. If it was in the same week, I would agree with you, Tom.

If it was made up in a week where you already had forty hours, it would pay overtime or time only if.

They deducted the first time. If they deducted it the first time, Yes, that's right. But if I am making up time, it doesn't count as extra money. You don't work five days a week, take one day off, then make up that day and call it six days. Joe, we might be in a fundamental disagreement here, Joe, is that what she's doing? So she technically some weeks. Let's just say she would work Monday through Thursday, and instead of working Friday, she'd work Saturday. Is is that what

Well, it's because she was working more than eight hours on the weekend.

Well okay, but that okay? Did she ever work more than eight hours during the week?

Yes she did.

Did she get paid for that?

She got paid for the eight hours a day that she would work, take a day off for whatever reason, and then she would work a Saturday and a Sunday over eight hours.

But is it because she's screwn around or is it because there was more than in other words, instead of work, why did she work Saturday and Sunday? Was it to make up for Thursday and Friday to make up?

No, she would take one day off, so she would technically just work like two days a day and a half to make up for that one day.

Why Why did she work more to make up for one day than she normally would.

I don't know that was something between her.

Well I don't think, I mean, I don't see why she would do that. Why wouldn't she just work her eight hours and then on Monday start up again. I see, I think I don't think it makes any difference. I think it makes a big difference. Exactly. That's exactly right. If she listened. If she's an hourly employee, anything over forty hours would be overtime. If she worked over forty hours, and you're saying that's what she was doing, they're probably saying,

Correct?

Why?

But why, why all of a sudden did that Friday turn into a day and a half?

Why?

They have a right to ask, Well, they have a right to ask that.

Yeah, I mean, that's what and that's what they would do during the week. If she worked over, they would pay her. But if she worked a Saturday worked over, they wouldn't pay her.

Okay, okay, And I would ask, here's what I would do during the week Monday through There's no dispute what you're saying, so if she works Monday through Friday, and if she goes up to the let's say five o'clock quitting time, I don't know what time. Let's say it's five and she has to do another couple of hours. Does she have to get permission?

No, she just works over They look at her.

I got it.

It's such at this point, is crazy. She either worked forty hours or more.

Mark, here's what they're but, Mark, that's true if she worked over forty hours. But what if she did it she was going for a ton of He's go breaking.

He already said that during the week sometimes she would work over forty hours as well.

Okay, then why are they disputing the overtime on Saturday and not on Friday? Why? Well, I'm asking him there's a reason. Here's why, Mark, Because I believe people don't just pay you arbitrarily overtime Monday through Friday and then suddenly decide not to on a weekend. And I am surmising that the business has a reason for it, and he's not telling us.

Now, that's as far as much as I know is that she would work over eight hours on a Saturday or Sunday and then they wouldn't pay her.

For it, And okay, but hold on, guys, that's all labor board. This whole conversation's gotten crazy. Tell her to return it. If they don't pay her for the overtime, then you go to the labor board and she's going to get paid for it. The labor board will pay her. I promise you that's true. But what I'm asking is, see, I always try to find out reasons why things like this.

They don't trust her. That's the point. And what I'm getting at is why do they trust her during the week but not on the weekend. Did you ask her this kind of thing?

Yeah, she said, because basically I can't remember exactly why she told me, but she said she was only allowed eight hours, and then after that.

They just refused to pay her because she made up for eight hours. So if she worked over that, that wasn't their fault. That was her fault.

But it doesn't matter if she worked over forty hours in a week, she gets overtime.

And they weren't going to pay her for that.

Oh my god, I swear I'm gonna hang myself if she goes to the labor board about that. The problem, right, now is she's making it so complicated because she's holding the equipment.

No one's going to do anything.

No, she's going to return it. I just I was just texting her. She's going to return it. But she's saying that they're giving a hard time about the pay. Now they're even telling her that they don't even have to pay her.

If she goes to the labor board, she will get paid. I don't know how else to say it. They have paid people that I can't leave.

They fade. Oh, that's true, that's true. I think Joe. I think though, that the reason they're doing this is because they suspect when she's doing this on a weekend, she's screwing around.

Like, what I'd like to know is on a normal before she's no longer with the company, does she like log in on a computer and that tracks her hours? Does she simply tell them what time I stopped and started? I mean, how does any of that work? How does she keep track of her hours?

Attract her hours every time she would log on?

Yeah, so if she logged on, I don't need any more than that.

If it shows that she logged on and logged off more than forty hours I promise you that to get paid.

That's true. I want to move on, Thank you, Joe. Let us know, Let us know what the labor boards. I mean, first of all, for return the equipment get back to us. Isn't it crazy?

I mean, he's a nice guy trying to help out his daughter, but when people make I don't know why his daughter made it so complicated by holding the equipment to begin with. She's got everything on her side of a fight like this, but then she messes up the fight by holding it. If someone kept their uniforms and refused to get back their uniforms, I simply would deduct them.

I mean, I don't even know why she's playing games like that. I know, Ken, what's going away? No, No, I gotta take a break. I'm sorry. Three oh three, So I'll go back to Ken right after this three oh three seven to one three talk seven one three, eight two five five eight eight eight Heating dot Com for honest assessment of your furnace or ac and get

Side down?

And let me guess that's me, not you?

Right?

Well, what the hell? I have nothing to do with that upside down? Dragon? Am I literally upside down? Or web man? Yes? I mean you are upside doing a headstand. I don't know what to say. You're upside down anyway? Three O three very seven put me up on the dear man. Well, I'm I don't care to find an upside I keep doing while I'm on the show. I got let me take these calls. I told you I got to just stay on though, and let me just take these calls because I don't want to be screwed

And let me say this, a lot of people don't realize that they buy a lot of stuff that scratch and dent or possibly returned second hand however you want to call it. So when you buy it, you're not getting a lot of the times you're not getting that warranty from the manufacturer you believe you're getting. What you are getting is the warranty from appliance factory outlet, and that differs depending on what you buy.

Well said, thank you, Mark, So let's talk about it. Go ahead, what's good?

It's Ken?

Yes, go ahead, what do you think. Go ahead, Well, we bought a washer.

We bought a washer from American Factory outlets.

Yes, sir, and the client factory outlets here, yeah, applied, Yes, so we.

Bought the extended warranty. And then this the door seal is leaking and uh so then they directed us to brand Source, which takes care of their warranty. So Brand Source at one point said, well, it's three hundred dollars. It's not covered by warranty. We talked on the phone for a little bit and then we got disconnected. A few days later, they called back and then they said

Why, I mean, what is it their warranty or is it a factor like Mark said, is it? Is it one of those screwed up deals where it was a second or something or what?

No, it was brand new, brand new unit.

Can you have it?

Well, why don't you just go straight to the manufacturer? Why don't you just call up whoever? And by the way, if you're looking, this is Mark on Zoom upside down. And I didn't do it well.

So therefore I have tried to contact Samsung and then they direct you back to where you bought it, and then then you're out all that MUCHY.

No, they don't.

I a Samsung has a warranty man no on that model number because he bought it through Appliance factory warranty.

He doesn't have a Samsung warranty.

I every time we have a call from Appliant's factory, it always goes back to the same thing.

You can call Samsung to your blue in the face.

When you give them that actual number to that exact product, they're gonna say you need to go back to where you bought it.

Exactly. And then and then they say, well, okay, you have a two year man or factory warranty. But then we paid for the extended morty. Now we're on the extended warranty time and Appliant factory direct you to brand source. Brand surce tries to rip.

You off and then okay, hold on, that's what it is. It's not under warranty. If they said brand source, that's what it is. See you said it was brand new with a factory warranty. You were wrong. Why'd you say that?

I'm not wrong. It was brand new unit when.

We bought it, but it wasn't factory warranty. No, they're somehow marked they buy them. I don't know how they do it, somehow fat They don't have a manufacturer's warranty. Why are they seconds or what? What? What's the situation?

Well, most of them are scratching dent Now listen, I don't know if they sell brand new products that are actually covered by it through this again, Ken, Ken, you went to factory and you see this on the showroom floor.

Is that correct?

That's correct? Brand new unit, brand new unit in the boxes?

I get it. Then what is brand source? Tell me what that is?

Well, from my understanding, that is when you buy the extended warranty or you have a warranty, brand source is supposed to honor these warranties and do the repairs.

Well, then that okay, hold on, No, then what you're saying or two things, You did not have a factory warranty. You had their own brand source warranty. Why I don't know. I don't. This is what they do. But you do not have what you think you have. That's what I'm getting at.

Then they should not be allowed. That's not true for them.

I'll bet you in your paperwork, I'll bet you, and I'm not trying to fight with you. I don't like these guys. If here's what it says, oh, why don't you? Okay, go ahead, Mark, here's what it says. Thanks. And it is tricky when you think about it.

Yes, Appliance Factory and Mattress Kingdom say that Appliance has purchased come with full warranty.

Well it does, but it's through them.

The company buys overstock, uncreated, minor case imperfection products directly from manufacturers and then process and certifies them themselves as new.

Oh my god, see you got duped. Yeah, but they're a lot cheaper.

I mean, come on, we've got to at least let's not pretend that it's the same price as anywhere else.

The products are cheaper, So I mean, that's why.

But how can they mislead you?

And then you I'll bet you it's in your paperwork. Send me, send me all your paperwork. I'll bet you we'll find somewhere. I'll bet you we find somewhere.

In fact, it goes on to say Appliance Factory in Mattress Kingdom's terms of service state that all services are provided as is and as available, and they and they disclaim all warranties, including implied warranties.

Where where did you?

Where are you reading this that is coming from? That might be right under their own terms of service. Actually, see ken is calling it misleading.

It's not misleading if it's in your paperwork or at the store or on their website.

Not only is it in those places, I'm are you sure when you sign, when they deliver, or when you purchase it and pay for it, I'm pretty sure it's all right there.

It's got to be. We went there to look at a Viking. They also have like a higher end place.

We were looking at a Viking something or other years ago, and when we got to the point, I was very surprised it was one thousand or two less. But then as you start digging into it, there was no warranty on it. And I was like, now hold on, though, but here's what I want to know, Ken, and Ken, you have to understand. I'm on your side. I swear to God I am. I want to help you, but you buy under certain conditions and our hands are tied unless.

They lied to you.

They did lie to me.

Okay, Now hold on, let's isolate that. How did they lie?

Go ahead, okay, So when we purchased it, right here on the invoice line number two, if I do not purchase a product protection plus extended moranty to protect my appliance purchased beyond the manufacturer warranty, I am response for all costs and repairs or replacement of my appliances. Well, we purchased that. So they told us it was covered from bumper to bumper because we did purchase the extended warranty.

And what's the name of the extended warranty.

Well, it doesn't have a name. It's just all we have is the invoice from appliance factory.

Look at what I how about it?

But what what?

What does it say? What are the terms of the extended warranty? What did you pay for it? What did you pay for the extended warranty?

One per appliance, So one nine for the washer, one ninety nine.

For the dryer.

And which one are we talking about now?

Well we're talking about the washer.

Okay.

Now, so here's okay. You're saying, in addition to the brand source warranty, you bought.

An in it, in addition to the to Samsung's warranty, we bought the We bought the product brand new.

You didn't have a Samsung war You didn't have a Samsung warranty.

Well, they told us we did.

So Now where in the paperwork, that's what I need to know. Where does it Mark? I agree with him that if it doesn't specifically say you don't.

Have a fact emailed you from their website. Okay, let me take factory dot com. I want to take this break and come back and look at it.

Okay, this people, you got to listen to this because a lot of you go to appliance factory outlet, So please Okay, So I'm going to look at this email come right back to you guys right after this. Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for

I mean?

We hear this, they make it very cuch. He said he was never told he personally will.

Well, they're gonna send He's gonna send over that agreement and we're going to look at it.

Do you think he'll send us everything.

Yeah, just keep them. I'd go ahead and keep them, Kelly. Just keep them so we can grab what he's sending us and then we'll look at it. Maybe the paperwork he has doesn't match what their website says.

Anything's possible, Bill, what's happening, bro?

Yeah, Hi, thanks for taking my call. I'm calling in regards to a property that I purchased back in twenty seventeen.

What kind of property, Bill?

It's a duplex over in the Sloan's eighth Sloans Lake area, and we it was built in forty nine and won't be planning to scrape it and develop it.

And you bought it in twenty seventeen.

Yes, sir, okay, Yeah, so when they built the duplex, it was the same contractor that built the duplex to the noise worth of meat and it's kind of ironic. But the driveway is a shared driveway with the boundary lines between Lakewood and Edgewater.

Wait, so your driveway is in two cities.

Well, my property line the driveway is nine feet wide, and I owned four and a half feet of the driveway and the property owner to the north of me owns the other four and a half ways.

Okay, So you share your driveway with a neighbor.

Yeah, it's across access across I get it. Well, we don't have a cross access agreement for the driveway.

It's a yeah, it's a shared maintenance agreement or shared access. Okay, go ahead. So there is no agreement. It's an easement of wreck though on your on your survey or what.

Uh?

It just shows that I own the four and a half seat on a got it on the deeds registered with Jefferson County, got and he would own the other four and a half seat.

Got it? Yeah, So now what.

Well, kind of running into it? I want to utilize that four and a half seat in my development. What's stopping me from just putting a fence.

Up on my Okay? So you don't want to have a driveway is what you're saying, right, correct? Okay? Or you want to move a driveway or do whatever, now, it depends. That's why I ask. If there's a permanent easement granted, then you can't do if it's a deed restriction or permanent easeman or any kind of recorded instrument, you can't do it without their approval. If it's not.

One of the things you might think about, and I know you've done it, Tom, is maybe come up where you lease it to them and they sign.

It for a dollar a year. And what would that possibly do, mister Martino. Well, if you even better than that, you don't have to get them to sign anything. You can grant them permission to use it. Once you grant them permission to use it, it never goes to a verse. But you can't do that after it's already been eighteen years. See that's the problem, or twelve years, whatever it is.

Nineteen fifty?

Okay, if it's been built in nineteen fifty and that's been existing in existence that long, you're not going to get it removed.

Not unless he might get some Uh, he might get some money for property taxes he's paid and other things over the years.

No, No, he paid it, but they paid it too. They each pay their own half. I don't think he wasn't paying for the other half.

Hey Tom, Yeah, have my ILC improvement?

Yes, yes, yes, it's going it at.

A four point five easement recorded on a certain recorded.

Number with R and I'll bet you he has a four point five easement as well. So that easement is is his easement to you, and the one on his property is your easement to him. No, no, just the other way around. The four and a half feet is your easement to him. The other side is his easement to you.

So within that four and a half seat based off of this, it's a recorded I can't put a sense.

There unless it calls, unless the easeman will have some specifications in it. But you know what, I'd love to get Brad O'Brien on to talk about it. Hold on a secon We got to take this break. Hang on, get Brad O'Brien. We got more coming up. Go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up, free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies.

What I was gonna say is I had an issue with this with one of my neighbors at one point, and basically there's a there are setback requirements on the sides of houses. Now it doesn't really apply to this, but if there is an easement for that driveway and he does put an offense, the other owner can just have.

Him remove it, of course for it.

Yeah, And I mean it's just that's right, not something he wants to do without checking all the paperwork, even if he has like a written agreement. Because when he bought the house. He bought all the easements, regardless of how old they are.

Yeah, I want to talk to Brad o Brian, thank you, Chris, you're you're right about that now, Brad. This guy this this duplex was built in the This duplex was built in the fifties. And he says his driveway on his survey shows he owns four and a half feet of a nine foot wide driveway, so he owns half of it. On his survey there's an easement on his half granting it to the neighbor, and on the neighbors there's an

What do you think, Well, these are reciprocal easements in favor of each other. They're mutual, and in order to give up. In order to terminate an easement, the beneficiary of the easement, whoever enjoys it, has to sign off on that.

So this is the guy who.

Who wants to take back the centin his land is not the beneficiary. He's the burdened party. So he's not the one who can terminate it. He has to get the party who's going to be losing the easement to sign up on the crimination.

That's what I thought. So he's not going to be able to just do that, not at all at this time point. So he he's out of luck. I mean, right, I mean as far as wanting to put up his fence.

Well, yeah, the.

Burden party connect unilaterally terminate an Eastman.

The party has to terminate it.

So did you hear that? That That answers your question, sir? It really does.

Yeah, I did your I appreciate it.

Now.

Well, now let me ask you. Is this the neighbor that shares the duplex with you or the neighbor on the other side.

The neighbor on the other side where the other duplex?

Okay, have you ever talked to that neighbor? Does he use the driveway?

Yeah, they do use the driveway. So I'm gonna meet with him on the twentieth.

Why don't you just put a fence? Why don't you just come in four and a half feet and put your fence there.

Well, that that's eventually what's going to happen with the new development. But I film need to hear it. I guess you heard it drive agreement for the Transportation Department with City alaquid.

Well, we got to run. But I hope, I hope you just consult an attorney if you need anything. Brad O'Brien is a real estate attorney. Seven two zero three seven zero seventy three eighty eight. We have more coming up. Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content.

So you don't happen, come running just as fast as you can.

Shooter's gonna help.

Come.

Man Dix is the Troubleshooter Show. No Tom Martine, Okay, I'm not going to Mark when he's upside down. I'm sorry, Mark, I'm not gonna do it. I'm Tom Martino. Welcome to the show. Three oh three seven one three talks seven on three eight two five five. I'm mistiming these scenes a little. I'm trying to get him automated. If you're watching on YouTube, don't worry. It's growing pains. I'll get it all worked out soon. Give us a call if you need help with the consumer problem question can pay?

There you go.

Well, no, see, now you're off camera. This guy is so bad. He just for yes.

I'm sure everybody believes it's nay, yeah, yeah, well of course you were on perfectly and now you're not.

So what happened? I didn't do thing, I didn't touch anything. Now he absolutely changed his prob He was full screen and everything, and it just sucks.

I don't know he saw his face. It broke the camera anyway.

Just just hold on, man, let me go to the phones. Let me let let's start helping people. Oh somebody hung up. See because we're fooling around. Mark, did you change really? Because you were on full screen and now you're not?

So all?

I'm well, I killed it because once again, while I'm in that, I can't get texts and stuff, and.

Okay, well god, and it was me and it wasn't me, So if you kept inverting me other than that, I didn't do it. No, I didn't really, but okay, so if you want to ever go back to it, let's try it. Otherwise screw it. I'm going to try to do it anyway we can. But anyway, it's just I'm trying.

He doesn't know how to do it, so he yes, I'm sure everybody is thinking exactly that.

Yeah. Sure. Well and businesses, Donna, what's going on with this apartment? Donna, what's going on with this apartment? What's happening?

Donna?

Bye?

Hey, what's going on?

I've lived in Well, I've got a landlord that is My rent is thirteen seventy five. They told me extension would be an extra hundred.

I said, okay, I.

Mean an extra hundred per month.

Well, no, an.

Extra hundred for the extension per stay a month longer than my lease.

Oh oh, you just want to extend a month and they were going to charge you regular rent plus one hundred.

Well, yeah, that's what they did.

And I can understand that because I'm at my so I got a lease extension. But here's my problem. I went to pay for that, and when I went into the portal, they charged me one thousand, six hundred and eighty one dollars.

Well, hold on, well, I don't know what that means. What is your normal rent?

Thirteen sixty five?

Thirteen sixty five? And on top of that, they charged you their thousand bucks.

No, they charged me another almost three hundred dollars three.

Hundred, okay, okay, So it went from thirteen hundred to sixteen hundred. You thought it was only going to be an extra hundred. I want to ask a few questions before we do any of this. When was your lease up?

Oh, August thirty first of this year?

Lease was up August thirty first, okay? And another thing I want to did you want to stay or did you leave because it was up?

I was leaving because I was being harassed by the new manager that took over in January. I was there for four four and a half years prior to that.

Okay, so you were so you're you're leaving voluntarily. I get it, you're leaving voluntarily, and then they charged you and did you have anything in writing that said they were going to charge you just the extra one hundred bucks.

Actually, she told me she was going to send me an extension agreement. I never received it, but when I went into the portal to do the evacuation notice, it said twelve seventy five plus one hundred dollars. Okay, So I'm going, well, I know my rent with all the utilities and stuff is thirteen sixty five, and I went to pay that, but they removed the They charged me sixteen eighty one instead of the fourteen seventy.

I get you. I know exactly what you're saying. The only way we can do something about that is if you have a very clear extension agreement that says you could hold over for one month for an additional one hundred dollars. If you don't never send it to me, I just well, okay, but okay, now hold on, Donna, Donna.

Yeah, well, I have it on the vacate notice saying it was.

Well, hold on, oh, that's good. Way tell me what the vacate notice says.

The vote vacate notice said twelve seventy five plus one hundred extension.

Twelve seventy five. But you're okay, So if you take twelve seventy five and you add one hundred, that's thirteen seventy five, right.

Yes, sir.

But then on top of that you would have utilities, right, which which.

Is the ninety five? Which is why I automatically was going to say.

So it would be fourteen seven bread Okay, okay, you do have something in writing it clearly says that amount dew on this invoice? And did you do you have it? Did you save it or is it? Is it on the portal or did you save it?

What I did?

Is there any way you can print anything from these guys? I had to put it on the screen of the TV and take pictures of it with myney.

Well, that's okay, that's okay. Are they denied? Donna? Donna? This sounds good to me when you told them by the way I show here on the portal twelve seventy five plus one hundred, that would be thirteen seventy five plus ninety five, which would be fourteen seventy Why am I being charged sixteen? Did you go through that scenario with them? And what did they say?

Yes, yes, sir, And I left them a message and nobody called me back.

Okay, so you never did You never did get to make your argument with them.

No.

In fact, I'm don't have enough problem with them.

Okay, Well we'll help you do that. I think you have a good case. I mean, if truly you too, I mean, if you have that in writing, you were smart to take a picture of it. I don't know how are they going to deny it? I mean, so you've never talked to one person since that bill?

No, I have been trying to call.

Okay, why don't you send us and half picture and we'll have Deputy Dot call over.

What did you Is there a management office donor that you could go to and talk to somebody in person?

Well?

I tried doing that too, sir, when I took the catier's check up there with my letter. Because and they have a lockdown building and so I put it through their drop box and I called the number and I said, your cashier's check for this much. I think it was fifteen something. Because they're charging me for the dead bolt from this from putting that on my doors. It's the homeless people full works trying to come into my unit and they assaulted me.

On the property.

What do you mean they assaulted you?

I falled and I asked for a dead bolt, and there's one hundred and sixteen that I just want this over with, but I don't want to. But I don't want to.

Well, you confuse me. There is the additional money. Is the additional money something to do with the dead bolt?

Well, I paid it because I just want to get rid of it. But yeah, they charged me after being assaulted on the mark.

What Mark is asking, Mark is asking if you had maybe any damages they assessed? What about your security deposit? Did you get? What about your ceiling?

They've already said, They've already said to me Tom three different times, so you're going to Florida.

So you're going to Florida.

Well, Ronna, he didn't answer me. I didn't answer me that.

I'm going to have a problem getting my deposit doesn't come back until after I leave, and then thirty days. But the lady came in and she took pictures of my whole place, and she goes, oh, the place looks really good, and I said, yeah, I said, I a very donna.

Call us. You can call us even if you're in Florida if they try to keep your deposit. I want deputy doctor call over there. I want deputy doctor. Where are you going in Florida?

By the way, uh, Leesburg, But don't put that on here.

It's just well, they're not listening right now. But that's a nice that's a nice area, by the way, that's growing pretty fast, Yes, sir, it is.

And I you know, I just I have never had this much assle ever. And you know, I mean, I'm like, I'm seventy. Just just let me out of here and let me go and don't rip me off. You know, it's like mine.

I know. I don't you listen, listen. I feel for you. I really do. Are you single and alone? Are you do you have anybody to help you out here? Hum?

No, No, I don't sure.

I wasn't able to have kids, and my husband passed away about twenty years ago. So I've been trying to struggle on.

Give me that email. I'm going to help you out.

Just I need to see a picture of exactly where it says it's less than what they charged you.

And if I got to drive over there, I'll drive over there. I'm going to give thank you. Yeah, Donald, We're going to help you out here.

There's never anybody in the management office. Is that what you're saying.

Kelly's chatting with her right now to get and folks, okay, all right, let's just do this. Then let's let's let Mark call over there and put the fear of God in them. One clear Choice Garage Doors, Now that is a great place. I'm telling you, I've never seen a company more well organized, well excel roofings, pretty damn good. Listen. One clear Choice door is they come to your door twenty four to seven to fix your garage door if you have an emergency broken spring, can't it in, can't

To me please.

Okay. Anyway, guys, you heard me being harassed, right, Okay, So you're going to be called, uh to testify. So I want you all, if you agree to testify in my case against Mark and Shannon and Dragon and Kaschina, I want you to just say, I will on the stream here and I'll have you down here, okay, and then you will be called. I will do depositions, and uh, we'll come after. We'll go after him. I'll even give you guys, you know I we'll throw a party with

Tom, I was there in person. So I will testify.

Thank you.

Mar Well you should a little bit because this almost could be elder abuse if we did anything wrong.

Yes, I got to talk to seriously, I gotta talk to Donna about this apartment. Now, did we did we call Mark or not?

Well?

Get the information from never mind Donna. Hold on. We won't go back to you then, because Mark is gonna call. Yeah, Donna's the only thing I read, Kelly. You talked to her?

Is she going to be sending me a picture of the portal or whatever that shows the discrepancy. As soon as I get that, Dona, just get her phone number. I'll reach out to her after I talk to him later today.

Okay, thank you, Kayla. Kayla's turn. So Kayla, what's going on with you?

Hi?

Kayla?

Hi?

How are you good?

What's going on? Kayla?

So, basically that a roofer to come on out about a year ago, paid him with the insurance money. Sorry, give me one second.

So so the roof Okay, you hired a rufer a year ago?

Correct?

Signed a contract with a roofer?

Yeah?

And you know, I honestly did you pay in full?

Did you pay in full?

So I gave him the six thousand dollars that the insurance company gave me. Yeah, because he told me that he needed to buy material.

Yeah. That so you never hire a roofer, this says that. Ever, that's that's an easy way to never have this. No, I'm serious, never hire a roofer that needs money upfront. Ever, don't ever hire one. That's the bottom line. Now, what else? Go ahead?

Well, and so yeah, of course I've learned that after I mean, I thought I was saying.

That will eliminate eight percent of all ripoffs. Don't pay a penny. Yeah, you know, Excel roofing, you don't pay anything, not a dime, not a dime. Just okay, I want to know.

And here's the deal is he made it so legit because he's like, hey, so here's the way it works. You know, you get X amount from your insurance company, and then they pay the rest after.

The job's done. So I mean, okay, well what happened. You didn't tell us the bad news? What happened?

Then?

Oh?

Well, so did he ever? Did he ever do your roof Nope?

Nope.

Oh, come a multiple dates. I'm going to be there on this date, this date, this date.

Yeah, then he sell ill and then again throughout a couple more days.

And now what's the name of the roofer? His name is Josh Sandibal, Josh Josh Sandibal. What's the name of the company, three or three Roofing and Construction? Oh yeah, oh yeah, oh yeah, ripoff. Yeah, that's too bad. Three ZHO three Roofing in Construction. Yep, heard of him. That's too bad. Yep. Let's try to reach out to him, Kelly. Let's see if they'll come on.

What's his name, Joshua Sandoval.

Yep, that's it. I'm looking it up. Oh man, And so what's his latest excuse? You can get him arrested or you can get a civil judgment. It's contractor Trust Act he violated. So how long ago was it that I signed the contract? And did he ever? Did he ever come back? Did he ever do anything? No?

He did absolutely nothing.

Okay, So right now, what's his phone number?

Let's see.

Their phone number is?

Is he still out there trying to get work?

I believe so?

Seven?

How'd you find him?

By the way, Actually it was a family friend that sent him over, clearly, oh, not a friend anymore.

Well, I don't think they did it on purpose, did that?

Oh they didn't, but you know, and they.

Tried to help.

But there, give me his phone number. Seven to zero hold on seven two zero.

Yeah, three two zero eight three eight seven eight.

Three eight seven? Are we gonna call him right now?

Mark?

Right this second? Are somebody gonna call him?

Yeah?

I think Kelly should call and see if he wants to come on air. Seven two zero three two zero eighty three eighty seven. If I hadn't heard about him before, I wouldn't have put out the number, but I've heard about him. She's calling three zero three Roofing and Construction people. They took money up front, did nothing, just signed me of old J Lopez. Oh my god, remember him, he's still on this seas for game. He would Oh he's listening that the Better guess what the Better Business Bureau

Ow else is on the contract?

Is it Roofing and Construction LLC?

Correct?

I can't okay, I'm wondering if there's more more than one.

Well, when I started looking up the company after all, this was kind of transpired because I started filling out the paperwork for small claims, there was a phone number and I reached out, and it sounds that he's using their are either their contract he's no longer with them, so he's fraudulently filling out these contracts.

Well, I'm not going to get into semantics. I see what you're saying. He works for you know, Mark, I don't think this is the guy. But here's someone doing that to excel as well.

Mark, do you know that? On here? On LinkedIn? Yeah, do you know who? It list says three o three Roofer. But it's not the same. It can't because it's Rufer three oh three Roofer, not three oh three Roofing and Contract. Yeah. Three oh three Roofer's Chris. That's a good company. You remember Chris. I do remember Chris? And yeah, well I because he would so I don't want to get confused with those people.

Yeah, yeah, you know this is three or three Roofing and Construction LC.

Yeah.

He's just piggybacking off other people's good names a little. The other guy Rick, Yeah, yeah, so let's call him.

Uh what did he say, Kelly? It goes straight to voicemail Tom hmmm, wow, okay is it? He's just he's going to be like a J.

Lopez, just an outright thief. You show up, you take money, you do absolutely nothing. You can call it whatever you want. You're a thief, bro, that's what you.

Want, have you. I want to try to find this, in my opinion, I want to list him on the sleeves forget. I want to try to find him.

At least a picture of him. Send the info over to Susanne. She's good at snooping out those photos. Yeah, let's see if we can get a photo of this this clown.

How much did you give Caylee? I forgot Kaylaw she fell off. That sucks. That's all right, We've got all her info. Ton, did you hear how much did she give him? Down? She gave him six grand God bless folks. You know what.

I don't want to go into the whole spiel, but the bottom line is, especially with the roofer, never give him money up front.

Not a nickel, not a dime, not a penny. Yeah, who we're going to sign this to? You're going to keep trying, Kelly? Or what? Dude?

What do we do?

We gotta we gotta see if we can get a hold of this clown, at least give him the give it, give it to Deputy Bow. He's online one too. Okay, let's go to Bow. Oh no, I gotta take this break ball. Come right back to you. I'm Tom Martino three O three seven one three talk seven one three eight two five five stick around, 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

This one's taken a while. I'm still working on it.

How long ago did this come?

In August fourteenth at the eleven o'clock hour and Mark.

Was the host.

Oh okay, so there won't be any notes or they will be cryptic at best. Go ahead, And it was a great show, keep going, yes, go ahead, yes, And they were making fun of it, and they were making fun of me.

Go ahead, Yeah, I'll just give it to you.

And that she owns an electrical. She's an electrical contractor. She uh returned a lot of electrical supplies back to the wholesale, which was City Electric. There's an any matter of thirteen thousand dollars on July second, and when she returned to product, her husband did not or her did not get.

A receipt for the return.

And they had a work in a relationship with this wholesaler. But the problem is the manager of this place got fired or left a couple of days after they returned it. So we're just struggling to see if we can get credit the new manager of the electrical wholesale house. They don't have a record of it, and they're not giving you.

They don't have any record of her returning it.

No, and I asked Rihanna if she would see if they would go back to the video cameras, and apparently their cameras were not working.

So wait a minute. So she are we to believe she brought all this stuff back and just left with the promise of getting paid or what.

At first, I was skeptical, but after talking to her and checking out her company, I do believe she did return their teen thousand dollars worth of electrical supplies because they gave her partial credit, but she didn't get she didn't get any receipt. She didn't because they had a relationship.

Why did okay, why did she get when? But how do you leave the store after returning everything and only getting partial credit? In other words, she just said, oh, I'll be back for the rest or what I don't understand that part?

I was in the contractor Sometimes I'd get in a hurry and drop stuff off at the wholesale house and say, hey, just get me credit.

On it in the next few days.

Okay, okay, God, And I've done that a thousand times with car parts.

And it's and it's a mistake and you don't get a receipt or anything.

She didn't get a receipt. Well, she had a relationship with the manager's name right righton?

Can she track this guy down maybe to go to small claims court?

I tried everything. In fact, I have a cousin that works for this branch, and he's trying to help me track this guy down. He's been with them ten years, but he's like a ghost. He's gone, so are they.

How much How much total did she return and how much credit did.

She get thirteen five hundred dollars she returned.

Yes, they gave her thirty five hundred, So she's owed about nine ten thousand dollars. So the only thing I want to say is I'm working with the new regional manager that they've been going back and forth. I think they're going to issue her the credit. I just got to keep on top of it.

Well, yes, they have to have. I mean, she's got to know what she returned, right. Does she have original purchase receipts or anything?

She doesn't seem to have the.

She has the invoice when she bought the stuff a year and a half. I guess they loaded up on a lot of this electrical stuff anticipate participation of a big job, but they didn't get the job, so they returned it. But she had the invoice.

Are there any restocking fees we're not taking into consideration of certainly wouldn't be ten grand, but is there anything that's a good point?

I need to ask him about the restocking fee. I bet she would be happy to pay a restocking fee on ten thousand dollars.

Tom.

So, my bottom line is contractors out there when you return product, even if you have a working relationship. You need to get some sort of paperwords stating you return to product because this company could deny her the credit.

But I'm working with them.

They may change your mind and issue with.

Wow.

Regarding this Taylor on the on the on the ripper, would you just put the call on?

Yeah, suld.

If she's still on the line, you should ask if she has this ripper's address.

Let's bring her up. Taylor Tayler, are you there? I am hermy Yeah. Deputy Bow wants to know if you want if you have this guy's address.

I do, I do.

I searched it. Like I said, I was going to start the small what's the address, sixteen eighty Yukon Street.

Why do you care about that, Deputy Bow?

I'll tell you why, because it seems I I call these people, they just have a propensity never to call you back.

So I'd like to call him maybe.

Twice, and if not, I'll just go over and pay him a visit.

Oh wow, thank you. That's it's a sweet number one in Lakewood, Colorado, eight or two one four?

What's sixteen eighty what Yukon?

Yeah, sixteen eighty Yukon correct? Okay, and it's sweet and it's unit number one.

Correct. Okay, I will make a couple of calls first, and he doesn't call me back, I'm going to go over there tomorrow.

Yeah, I mean, is the serious problem? Now? This guy, by the way, just let me let me say this, this guy, Josh Sandivial doesn't seem dangerous, does he, Taylor?

Okay, he's like personal visits do a lot, Tom that I've seen.

They certainly can, that's for sure.

Well, I really appreciate you guys. I mean that's just I didn't know what to do, and I you know, I can't afford a lawyer.

I you know.

And and then, like I said, my biggest fear is is you know, insurance company coming after me like I did the wrong thing. And I mean I have the contract, but it does no good. I've made the calls, I've got every text, I've printed everything out. But yeah, I just clearly and now I'm afraid to you know, deal with contractors.

I don't blame you.

I'm a contractor used to be.

You got a wild job for them?

Well, well you got you do have to. But but for you know, I know you're kind of joking because you're you did the right thing. But man, you your company was around for god so many years, but.

I've ticked thousand dollars and not doing anything. This just I've taken this one personally.

Well, like I said, I worked two jobs just to just to survive. I can't come up with this money right now, you know. I mean, yeah, maybe eventually after saving for a couple of years, but we just don't have the extra funds like that.

Yeah, this is a shame, it really is.

That's your question. If we can get him to do the roof.

Well, I wouldn't have him do it unless, you know, I mean, that would be begrudgingly doing the roof. I don't know if i'd want him around exactly.

Yeah, I think you know, because basically I've already talked to the insurance company and they told me, well, it's coming up to a year either you signed with a new contractor, and I couldn't sign with a new contractor because I didn't have any money. So I've lost out basically on the rest of the money for the roof. I mean, I could literally cry. It's just it's frustrating.

Yeah, well, we're gonna we're gonna keep working on it and listen. I would get the I wouldn't have him do any work. But we gotta, we gotta scare the hell out of him. This this isn't like the end of the world. He's got to come up with the money. But I'm wondering how many other people he's done it to.

Oh yeah, I can I can only imagine. I can only imagine.

People remember this Josh Sandible, piece of crap. Josh Sandible got bad to the bone seven to zero three two zero eighty three eighty seven. It's called the three h three roofing the bowl and construction. The guy sucks. We got more coming up. Go with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free,

Yeah, ripped news need advish you don't have run anxious as fast as we can.

Shooter's gonna help.

Come man, This is.

The Troubleshooter show now, Tom Martino, Hello, Tom Martino here, Welcome to the show. Three oh three seven one three talks seven one three eight two five five. What is happening in your life? I know by the way we're gonna go to David has an amazing moves a problem. You know, we used to have amazing moves on a referral list. We used to have other movers on a referral list. And there are some bad better than others. Amazing moves not that bad, American moves not that bad.

And Tom for in town moves move Masters are the best. I just had another just.

Hold on on, Seck told you, Doc, I just don't want to interrupt this one. Thought. Johnson Moving Storage was on early. They did a great job, and they don't need a referral list. And bottom line. I mean they have more business. They know what to do with Johnson moving in storage. There's a reason for that. Then we have amazing moves that came on and off, and we had American moving on and off. We have some others in between. And it's a very simple proposition. They don't

They're not. They won't move you from How do you know them? I was one of the first customers back in nineteen eighty three.

So way a minute. You've been dealing with them that long.

I have known them since nineteen eighty three. They have moved me.

Oh my god. Then get him on the referral list. Bro get him on there. Let's get him a special deal. Come on, or they don't need it, right, they don't need it. But they are the best.

I have never had a complaint from anybody that I've referred, including family and friends. I'll see if they want to be on the referral list, but in the meantime, they are absolutely terrific.

And by the way, we're getting this appliance repair place on that I told you about this Russian guy that came to my house or Ukrainian. I'm sorry I should I shouldn't say that, because they could be one or the other. But he's just such a good guy and he came to my house on a Sunday, could have sold me a compressor and didn't made a repair for like sixty nine bucks. I'm serious, and he's coming on the referral list. Daphne just told me about him and God, is he good. I have given him so many kudos

A loyal listener, thank you. I'm gonna call by saying back in the nineties, we used to have radios in the shop and you were the Trump of the nineties. Everybody who would hear your voice was like, are you listening to Martino? I'm like, yeah, he helps us out.

You know, yeah, but we were, we were a powerhouse. Now let me say we're I don't mean to say you still I haven't, no, no, no, But what I mean by this is local radio and local TV are nothing like they used to be. Nothing, And we just have to say that. That's why we're on the internet, that's why we're on podcasts, that's why we're trying to expand. But really, local media, and I think it's a good thing,

I was just if you could just update your referral list because I heard a couple of weeks ago when Mark was on and he said you didn't have any recommendations for moves, and then I contacted Amazing Moves and they're still doing well with me. But it's just when I went on the website, there's nothing about moving and storage. That's what I had to go through. But they're they're doing good. But I just wondered, why, if you can just update us, why you let them go or why they're not there?

It was mutual. Listen, I'm not gonna blame them. They're not sleezy, they're not bad neither as American. But let's just put it this way. We have to the whole category got too many complaints. We have to figure out a way to get people that don't see Here's what we do. It's not that we don't want complaints, but we don't want to piss people off. I mean, when we have somebody on the referral list, unlike Angie's or any other list in the world, I don't care who it is. I don't give a damn who it is,

I am.

It's the premier list. It's nothing like next door or nothing like Facebook marketplace. For God's sakes, it has my name attached to it for forty years. I believe in it. Well, actually, I've been on the air that long that the list hasn't the list. I think came about ninety three or ninety four, but I was the first one ever. And and the point is, I can't have movers until I figure out a mover that'll do it the way we want it to be done.

Okay, well, I don't know what else to tell you.

Amazing Moves, isn't it. I just want to say something. And this is not a slight against them as a bead. They're not bad people. They're not, but Marshall's not. That company's nothing like they used to be. I did a story they were on my Martino TV show on Fox three one when I had it along with on the radio as a sponsor. They they were like Superman the way they did They all had the same uniform. They they they had assembly lines like like guys lined up.

Why?

In my how many years here, forty five years? Why not one? I swear to God, not one, not one complaint about Johnson Moving and Storage. I know Mark, Mark used to be a sponsor. Mark used to be on the referralge. He's a right now we have more business, we know what to do with it. Wasn't that we don't like each other. I swear to God, the guy is I should just put them up there just for the hell of it, you know what, until I get someone, I should just put him up there Gratus because he

Not one.

Yeah. I even hired them one time to move an aircraft for me. Did you know that they do everything so David? So you called to wonder why I don't have movers on the list. Yeah, I know, I know. I'm ashamed. There are certain categories like that certain categories, and then we have another problem. Let me tell you another problem. I'm being very very transparent here, and let's take roofing. I love roofers when they do a great job,

No, sir, I just reached out to them because I didn't see them on your list, and they they were fine with me, So everything's good. But no, I just saw that there was nothing on the list.

You know what, I will say this, You may want to UH. You may want to go to UH if you ever do. Though, the one that I didn't know, Deputy doc knew these people for that long? Who did you say they were, Deputy? I didn't write move masters, Move masters man. What a great idea. Anyway, thank you for calling. And again we don't have we don't have anybody now, but we're going to work on it. Three oh three seven one three eight two five five more coming right up. Go with a sure thing Denver's best

Yeah?

Okay, so everyone, someone take a stab. What would be the number two if money down is one? Of the number one triggers for consumer complaints over the last five years, what do you think number two is? What do you think? Now, I'm not going to tell you right this man, I want YouTube morons. Come on, you've been listening long enough. Give me an idea. What do you think? What do you think absolutely the number two trigger over the last five years for consumer complaints one is one is no, no, no, no.

No, not really. That's up that.

You're hitting, by the way, the top five, But you didn't hit the number two number two. Okay, what are I guys saying not returning calls, pull our customer contact. Let's see what else. Door knockers can't leave voicemails anymore. Oh oh oh, by the way, oh god, that phone support is is in the top five. Phone support is definitely in top five. Plus Dragon named the other one in the top five. Warranties. So warranties and phone calls. Okay, I'm going to tell you right now the number two,

Have you heard it?

How many times have you heard? He said? But they told me, I assure them they said, so on complete triggers. If you want to be in the know and you want to be smart, you can tell people I've heard this and you heard it from me, and I'm not kidding. Okay. The number one is money up front, Okay, that's number one. Number two is is the the promise, the verbal promises. Okay, number three, guess what you had it? So warranties or

What is it?

Can you can you tell me what it is? Right after this with a sure thing Denver's Best Rufer excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three seven

And I couldn't speak more. Highway of Roma. He actually came out to us on a Sunday also a at an hour looking at our washing machine. Basically told she I could fix it, but it's going to cost you more to do. They have to just going out and finding a new machine. Yeah, couldn't meet a Naser guy, I know. And he didn't charge us a single penny even though.

That's amazing on a Sunday. That's amazing.

And here's the thing to anybody.

Now, when you asked me for a recommendation, of course, he wasn't on the referral lists. He's not on technically right this minute, but he's he's going to be on. We We we've signed him up. He We need appliance repair so badly. We need such good people. Now, John, did you tell him that I referred you very much? So? Yeah? Did he tell you that? So? I mean informally, I don't know if you told you, But I've been I've been keeping him busy. I have so many people calling him.

Now are they getn't ask for a better repair man? He is just absolutely fantastic.

So he came out on a Sunday and we have this. I think it's a Viking refrigerator with you know, one of those big tide and so this Viking, I think the compressor's like six grand John, Okay, so we thought it was a compressor. I was prepared to buy a compressor. And do you know what he said. This is on a Sunday. He comes out and says, it's just a relay and it's not kicking on the compressor. Because I could tell the compressor wasn't coming on. I was messing

Very much?

So now he's a fantastic individual.

Now, since you're on, I want to I want to ask you a couple of questions. I had a very serious inquiry yesterday on email. Here it is somebody got to notice. This is an odd situation. A husband and wife. They're on a small home together, just a modest little home, no savings or anything. Their social security was low enough they got Medicaid to supplement I guess does that sound okay? The wife had some emergency care and some other care

Now?

I thought, well, wait a minute, he's still alive. Can they take half of what he has? I mean, John, have you heard of this happening? You're the expert.

I have heard because Medicaid can come back, I mean based on her expenses. In a particular email that you have, If you have his phone number, if you could send it over to us so that we can take a look at it. But yes, I've heard it happening because technically Medicaid can collect.

But do they collect on Let me ask you this, do they collect on his half of the house or all of it? Or I mean if the house reverts to him automatically, what happens. Do you know.

I'm not sure about that.

Tom.

I'd need to do some research and let you know, because I would hate to think that older people who need medicaid end up getting socked in the teeth.

I agree, but if I could do some research on that.

Yeah.

Happy to get back.

In touch with you.

So what should I do? Send you that letter he got?

Yeah?

Could you?

Could you please send me that letter?

I can.

It's it's a photo of the letter he sent. But I think it's good enough that you can read it.

That'd be great if you ume it.

Well read but your your wife can read it. I'm sorry. So, so that is kind of an inside joke. John. How long is John? How long have you not had eyesight?

Now?

Twenty seven years now?

Yeah, so since the accident, do you still remember vivid you? Do you still dream in vivid colors? I'm just curious?

Oh very much, sir.

Wow. Okay, So John, I'm going to send that over to you. I really appreciate it to say.

He back in touch with you, Tom.

All right, thank you, We'll see you say okay three oh three seven one three talks seven one three eight two five five. So let's try to get on ka Gina. I know it's late in the show, but see if Dan mackenzie's round, just for the hell of it, I want to ask him about that too. I'm sure he might come up against that when people die. So he's the only one I can think of right now. Maybe we can ask him if he's available, if not, Kielan

Dan.

So husband and wife, the wife on Medicaid, not the husband. Oddly enough, the wife received Medicaid and Medicare. She was in her eighties and went to hospice care. That was what Medicaid was for, for the end of life stuff. And after she died, the house went to him. And they have no money and the house. I don't know how much equity, but I wanted to ask a few things. They get a letter from Medicaid or from somebody you know, in that agency somewhere saying we're going to we've been

They could potentially put a lien on the house. I mean, the husband should be able to stay there as long as he wants to or needs to, so it should not affect during his lifetime. But there is a possibility they could put a lean on the house to be collected after he passes away, or.

If he sells it and wants to move to Florida. Can they lean then?

Yeah?

Right, yes, Now I've never heard of Medicaid doing this. Is that pretty common?

Yeah?

It comes up? Yeah?

Yeah, Okay, Now is that both for long term care and for medical care? Now this is really long term care, but she wasn't in long term care? Well, was hospice considered long term care? It was hospice at the house?

Oh okay, okay, I don't know.

I mean that's weird. I know what you're saying. For nursing homes and stuff, if you have a big, expensive house, they should be able to be reimbursed. But this was for medical care and stuff.

Yeah, the medical care component is only based on income not assets.

So okay, what about hospice. Do you know how hospice is classified?

It depends, I think, on how long she received it.

I mean, I think.

Medicare covers up to sixty days, I want to say, and then things longer than that are considered long term care.

Okay, okay, And then so the other question is on this, on this, uh this lean, is there a homestead exemption? Would that take precedent if this guy doesn't have enough equity to meet his homestead exemption? What is a homestead exemption?

The homestead exemption, I mean, if you if you have to declare bankruptcy, is how much money do you get to keep in your home?

Uh?

Doesn't that apply to leans?

I do, yes, but if yeah, and that's been raised significantly in Colorado in the last few years.

So but I don't I.

Don't think that would come into play. Really really no, I don't think so. I don't think so.

I thought that homestead exemption is a part of equity that can't be touched by creditors.

Well yeah, yeah again yeah, so yeah, yes, Like I said, if the nuclear bomb of course against creditors is a bankruptcy situation, and then the question is what happens if he declared bankruptcy. How much you you're allowed to keep? And right now, if I'm a little out of date on how much homack do you get to keep? But I want to say it's close to two hundred thousand bucks exactly.

And then there's a matter of cost to sell, which discourages creditors. So it's two hundred thousand per so he would have the whole homestead to himself. And as you get older, does he get higher?

I don't think so. I don't think so.

All right, Well, thank you, Dan McKenzie. That's co Plans dot co eight three three co Plans. Hey, Tom Martino here three oh three seven one three talk seven one three eight two five five, Welcome to the show. Well, I looked at something that this guy sent on that a factory a factory oh wait, appliance factory outletter, factory upline, whatever the hell the name is. AFO is an appliants factory outlet, and it is misleading. I mean, he did