The Troubleshooter 10-15-24

Episode Transcript

Speaker 1 (00:05):
Ripped you needed by, so you don't.

Speaker 2 (00:10):
Have the.

Speaker 3 (00:12):
Welcome running just as nas as the.

Speaker 1 (00:14):
Can Shooter's gonna help.

Speaker 4 (00:18):
Come.

Speaker 1 (00:18):
Man, this is.

Speaker 5 (00:20):
The Troubleshooter Show, now, Tom Martino.

Speaker 2 (00:24):
Okay, I'm Tom Martino. Welcome to the show. Three oh
three seven one three talk three oh three seven one
three eight.

Speaker 6 (00:32):
Two five five.

Speaker 2 (00:34):
Welcome morons one and all. And I don't mean you,
I only call the morons my uh YouTube people. Of course,
my regular people are smarter than that. And welcome to
the show. Seriously, we love having you here. We're going
to solve problems, answer questions, take complaints. UH. If you
ever get a chance, you should try to talk three all.
You should try to capture the uh the live show

(00:56):
on on YouTube afterwards, and you can see a lot
of times pictures and guests and video of stuff we
talk about. But welcome to the show on our wonderful
iHeart family and affiliates, and thank you.

Speaker 7 (01:12):
So what I want to.

Speaker 2 (01:14):
Say is we had a very good discussion yesterday about
buying decisions and how people are affected by politics buying decisions.

Speaker 7 (01:26):
It wasn't who to vote for and who to avoid.

Speaker 2 (01:29):
It wasn't trying to sway you one way or another,
but asking does it make a difference. And the vast
majority after the show as well, the vast majority of
people said politics absolutely takes they take a position for buying.
If they know a company is staunch one way or another,

(01:49):
it will affect them. If they're progressive, they will avoid
conservative businesses. If they're conservative, they will avoid progressive businesses.
I was shocked by that. I said, what about the
product and service, and they said, no, we care about
the products and service, but we can't do business with
people who are too far away from our own ideology.
I once heard an interview from a CIA spy, a

(02:14):
CIA spy, and he said, when motivating people, when motivating
people to sway them to their side, when they were
looking for assets in the CIA, crets money, all of

(02:36):
those things, all of those things may mean something, but
the number one recruitment tool was ideology. If you appeal
to someone's ideology, it didn't matter about money, rewards or anything.

(02:57):
The number one motivator, according to this spy you can see.

Speaker 7 (03:01):
Them on YouTube.

Speaker 2 (03:01):
By the way, the number one motivator is appealing to
someone's ideology. The number two, the number two is ego,
appealing to their ego then rewards monetary rewards, and after

(03:22):
that coercion, you will do this or your family suffers.

Speaker 7 (03:27):
Blah blah blah.

Speaker 2 (03:28):
But number one is ideology and in buying. Guess what
in marketing, that's where this came from. Or marketing came
from this or this came from marketing because I was
looking up marketing. And for those in business, I get
a lot of business people listening to my show.

Speaker 7 (03:44):
Guess what.

Speaker 2 (03:46):
The number one motivator for buying is ideology. Now that
doesn't mean that they try to appeal to your politics
or religion when it comes to selling you.

Speaker 7 (03:57):
Something, but they do.

Speaker 2 (03:58):
In a way. Ideology stems religion and politics. Ideology could
be I want to be thin and beautiful, and that
goes along with ego. So the ideology and the ego
go together to appeal to people. If I use this product,
this is how I'm going to look, this is how
I'm going to be. But ideologically, I'm going to have

(04:19):
a happy family, I'm going to have a wonderful vacation.
I'm going to enjoy the game better. I'm going to
drive and get there better in luxury. See that's that's
actually an ideology combined with ego reward. What's reward? Well, yeah, reward,

(04:40):
I say it all the time waterpros dot net. I
love Waterpros. Here's what I'm going to tell you about that.
I say, this hour brought to you by water Pros.
They do whole house water softening and they're combining the
triple filter reverse osmosis all for thirty one ninety five.
This would normally from them cost a by five or
six grand, which is still a screaming deal. But from

(05:02):
a plumber you pay twelve thousand or more. So what's
that appealing to reward? You're getting rewarded, you're getting the
best deal ever, You're getting a great system. Then I say,
the triple filter reverse osmosis drinking water is good for
your health. It's good for you, it hydrates better, you
get rid of all the crap in your water. And
by the way, that is true, by the way, waterpros
dot net three oz three eight six two five five

(05:24):
five four. But ideology, ego, rewarding, coercion. Now would you
use coercion in marketing? Well, guess what?

Speaker 7 (05:33):
In a way?

Speaker 2 (05:34):
In a way in politics? I mean we hear Kamala
har Harris say, what does she say that Trump is
a threat to democracy, a threat to the country. They
are cohersing you, coersing you. Now Trump says the same thing,
she's a communist, will bring down our economy. So all

(05:58):
of these things in life are in marketing, inspiring in politics.
And one thing I try to do on this show
seriously is entertain and educate at the same time. But
it is fascinating to me that buying decisions will come
down to politics sometimes.

Speaker 7 (06:21):
I also read something else.

Speaker 2 (06:22):
Sixty one percent of the population, more than ever before,
say they are anxious and a little depressed about the
upcoming election.

Speaker 7 (06:32):
Well, of course they are, because it's.

Speaker 2 (06:33):
Almost split half and half no matter. So whoever you
talk to, they're going to be anxious about the other
one winning. I've never seen this before, has this? This
has been a little like this, but probably not as much.
Now I want to ask my guests, and then I'm
going to the phones. I promise you. I have a
guest today, and Dan mackenzie is an estate planning attorney. Dan,

(06:58):
I want to ask you about ideology when it comes
to a state planning. I'll bet you you find I'll
bet you you do find bits of ideology.

Speaker 7 (07:07):
Ego definitely reward.

Speaker 2 (07:10):
If you do it this way, you're gonna save on taxes,
your family will have more money. I mean, can you
weigh in on these factors when it comes to a
state planning?

Speaker 6 (07:17):
Yeah, obviously taxes are a big part of our DISCUSSI
so that's.

Speaker 2 (07:20):
The reward part. There's nourion, coercion, except with family. Maybe Dad,
you better get this done.

Speaker 7 (07:25):
You never know, right, Yeah, that is true.

Speaker 6 (07:29):
You know obviously people are making gifts to charities or
causes and you know that.

Speaker 2 (07:35):
But ideology, how about a trust. I don't want my
kid to get it unless he makes money. I want
to match. Yeah, we'll hear that, I'll match his salary,
or I'll do this, or I'll do that. So ideology,
what about ego? Does ego come into a state planning?

Speaker 8 (07:48):
For sure?

Speaker 7 (07:49):
For sure?

Speaker 6 (07:49):
It's really discussion. Is you know, how do you want
to be remembered?

Speaker 2 (07:53):
Right?

Speaker 6 (07:53):
I mean that's okay, Yes, so.

Speaker 2 (07:55):
We've got I want the statue erected, not that that
you probably had that.

Speaker 6 (07:58):
We just had that this week. Actually somebody suggests that possibility.
So that was WOA the.

Speaker 2 (08:04):
First all right, Now the other thing and Okay, so
there is a bit of ego or how about this
kind of ego. I don't want that bastard to have anything,
oh for sure.

Speaker 6 (08:12):
Oh yeah. And you know, you have situations where it's
like the kids. We've had people kind of want to
disinherit kids because of political decisions, right that the kids.

Speaker 7 (08:21):
Aren't wow with them. Right, So it's like, what.

Speaker 2 (08:23):
So I am just fascinated by these revelations. Let me
go to Diana. Diana, let's talk about your jeep Grand Cherokee.
See you want to call this show eclectic?

Speaker 7 (08:35):
Huh, this is the definition of it.

Speaker 2 (08:37):
We go from from philosophy to the grand the jeep
Grand Cherokee. Hey, Diana, what's going on?

Speaker 9 (08:45):
Hey tom My, name's Diana Fliers. So I least a
jeep Grand Cherokee Overland hybrid. Back in October that vehicles
had three major issues. The last two made me feel
like it was a threat to my life in safety.

Speaker 10 (08:59):
Why why Yeah, one was driving up I seventy on
Veil passed, the vehicle lurched, safety alarms went off, the
gas cage meter.

Speaker 9 (09:11):
Went crazy, and I was afraid to drive it. And
it turns out it was some kind of electrical problem.

Speaker 2 (09:18):
Is there a recall on this, not that.

Speaker 10 (09:21):
I know of.

Speaker 9 (09:21):
I was told by the dealership. I guess these Jeep
hybrids just don't do well at altitude.

Speaker 2 (09:27):
Well, well, damn, what year is it?

Speaker 9 (09:30):
It is a twenty twenty three Jeep Grand Cherokee Overland,
A seventy five thousand dollars car.

Speaker 7 (09:37):
Oh man, did you did you leave? You leased what?

Speaker 2 (09:40):
I assume you a leased it from New Right?

Speaker 7 (09:44):
Yes?

Speaker 9 (09:44):
Correct?

Speaker 2 (09:47):
Did you just Yeah? It's seventy five thousand dollars.

Speaker 9 (09:51):
Seventy five thousand dollars And that's not even the worst
that happened to me. I was driving in the middle
of nowhere in Colorado with no cell phone service on
July fourth weekend, and the vehicle started having trouble. It
said that the transmission was overheating, but the temperature gages
were fine, And then the car started smoking and making

(10:12):
like air raid bomb over London sounds, and I had
to abandon it, and like there was no way to
call the cops, no way to call a tow truck.
I had to hitch a ride from the middle of
nowhere into Gunnison to go find a tow truck company.
I called Stilantis, which is Chrysler. It took like five

(10:33):
days to get towed. They were so unhelpful and so incompetent,
and then dealing with them like they've been approving my
rental car bills and said pay for yourself. We'll reimburse
you up to seventy dollars a day. And here I
am three and a half months later, I still don't
have my jeeps back.

Speaker 7 (10:53):
Wait a minute, Wait a minute, Wait a minute.

Speaker 2 (10:54):
They've had it for three and a half months, three.

Speaker 9 (10:59):
And a half months, and I'm beyond like financially.

Speaker 2 (11:02):
Diana, Diana, what can they have they found the problem
or are they saying all of these overlands have a
problem or this particular overland or what.

Speaker 9 (11:14):
They basically said, it needed a whole new engine replacement,
and it needs a whole new radiator. They were waiting
for months.

Speaker 7 (11:22):
How many miles do you have on this.

Speaker 10 (11:25):
Like fourteen and change and you need a whole new engine,
a whole.

Speaker 9 (11:31):
New engine, a whole new radiator. And the dealership finally
got the engine, but now they don't have a radiator.
And I'm like, you guys had it for months and
you couldn't also order the radiator.

Speaker 2 (11:43):
What are you What are you renting for seventy bucks
a day?

Speaker 9 (11:48):
You can't really rent anything for seventy bucks a day.
I've been in some pos pias. I would never rent
from whatever company I can't remember what it was. And
I'm in anerprise company or enterprise car. They gave me
a Jeep, but like it's been hell, I have a
German Shepherd.

Speaker 2 (12:08):
Like Diana, where did you buy? Where did you lease
this from? What dealer?

Speaker 9 (12:13):
At the time it was Groove Auto and Silverthorne, Colorado.
I think they've since rebranded like Auto Star or Auto
Nation or something.

Speaker 2 (12:24):
Oh Man. So it's not really their fault, though, is it.
It really isn't I.

Speaker 9 (12:30):
Mean not the dealership's fault. I blame Stilantis, Chrysler and Jeep.
Like I was sold a Lemon, I was problem.

Speaker 2 (12:39):
I won't they replace it for you? You know you're
beyond You're beyond the Lemon law right now, that's the problem.

Speaker 7 (12:46):
You waited too long.

Speaker 2 (12:50):
Hold on a second, No, we do have Wait a minute.
We have an attorney who takes cases like this. Kachina.
You know what I'm talking about. That wonderful woman that
helped us that attorney that helped us with that cancer victim,
Reina Raina. Let's talk to Raina. I'd love to talk
to her about this hold on. We got more coming up.

(13:12):
I'm troubleshooter Tom Martino three O three seven one three
talk seven one three eight two five five eight eight eight.
Heating dot com forty five dollars deep clean, Get it
done before the real cold comes. You can feel just
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dot com. Go with a sure thing Denver's best roofer

(13:36):
Excel Roofing dot com. You don't pay a cent until
you're content. Time for an insurance check up free no
obligation comparison call Compass Insurance paying too much your coverage
at dozens of insurance companies find out now three oh
three seven seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate

(13:57):
Man dot com to list your home with Emax Alliance
three oh three nine two zero sixteen twenty two. Hi
Tom Martino here, So we're gonna get the jeep Grand
Cherokee back when we get our attorney on. Later, we're
gonna get Raina on So Diana, we're gonna get some
real answers for you.

Speaker 7 (14:18):
Wayne.

Speaker 2 (14:18):
Hi, I'm Tom Martino. Oh my god, this company, jeez,
I okay, talk about from hero to zero. Talk about
a bad company that used to be a great company.
That's the that's the disheartening part of it. They used
to be a great company. Champion to loser, Champion to loser.

(14:46):
Tell me about your problem. Maybe maybe I jumped a gun.
Maybe maybe they're not even a fault. But when I
see the name Champion, I say, never got complaints. Three
years ago, all hell broke loose. And then when they
were purchased by this private equity firm, forget it, they
just suck. Go ahead, tell me what's going on.

Speaker 11 (15:05):
Back on September first, my wife pointed out that under
our sliding glass dooor that we had a Champion installback
on four to fourteen eleven.

Speaker 2 (15:15):
The wait, wait, wait, twenty eleven trucked. Okay, that's gonna
be hard to go back. Okay, So you had a
patio door installed in April of twenty eleven, and what
did you notice.

Speaker 11 (15:30):
Just recently, right before we left the country for vacation,
the boards right underneath the sliding glass stoor are starting
to buckle and warp and along the edge inside the house.
Now we see some water damage on the molt cane
that could get round the frame.

Speaker 2 (15:47):
Let me just let Wayne, let's just unload right now.
Let me let me give you some And again I
think I do a service when I tell people what
I think right up front.

Speaker 7 (15:56):
You, after all this time, you will get no help.
What's so?

Speaker 2 (16:00):
And and you probably don't deserve help. And here I'm
gonna tell you the arguments you're gonna make. The one
argument you're gonna make is if it wasn't right to
begin with, I should have help because it wasn't right
to begin with. And there is a statute that goes
from the time of discovery. But then there's also an
absolute statute which goes I never heard of one going

(16:21):
beyond ten years. I don't know Dan, if you know
about that, but you know, I mean, I can you know.
There's usually stuff like if you wanted to see on
breach or something, you know it's from discovery right of
the breach or discovery of the deal or the defect
when you.

Speaker 7 (16:37):
Reasonally should have known right, yeah, exactly.

Speaker 2 (16:40):
But I think if you go ten I mean, my
gut is telling me, no, nobody would. He could not
go after them if you I'm not saying he wants to.
But if he did, I mean, it's more than ten years.
It's it's thirteen or fourteen. It's going it's gonna be
fourteen years.

Speaker 7 (16:55):
So what would you say the thing.

Speaker 11 (16:57):
Come out four years ago because I had the molding
on the outside was also showing water damage.

Speaker 2 (17:03):
Now I understand that that's bad. That's actually bad for
your case because if they came out, you knew you
had a problem, which means you could have called anyone.

Speaker 7 (17:13):
I'm not Wayne, I'm.

Speaker 2 (17:14):
Trying to shoot holes here to help you. So you
come up with something strong. Here's what I'm saying, Champion,
as much as I rated on them just now saying
blah blah blah, I mean, if they put a door
in a twenty eleven, I will tell you this. There
is maintenance required on doors, Their ceiling required, calking required.

(17:35):
People think, well, I'm going to have my windows done,
and then they call me ten years later, fifteen years later,
and they say, oh.

Speaker 7 (17:42):
These jerks didn't do it right.

Speaker 2 (17:43):
I got moisture all over and they didn't do anything
to update the calk or update the ceiling. Well, all
I'm saying is this, I don't think you can blame
them for anything at this point, especially if you knew
you had a problem four years ago.

Speaker 7 (17:58):
I just don't think fixed it.

Speaker 11 (18:00):
That's wonderful they came out, because and they came out,
they repaired it, and I've had my house painted since then. Yeah,
so maintenance has been done to the house.

Speaker 7 (18:10):
Well, painters should have sealed it as well.

Speaker 2 (18:12):
So here's what I want to know before I went
on my diatribe. What were you hoping? What were you
hoping to get? Do you think they owe you something?

Speaker 8 (18:22):
Well? Two things.

Speaker 11 (18:23):
One, I have still the original contract with lifetime warranty.

Speaker 2 (18:28):
That's against the function of the door. That's the function
of the door.

Speaker 11 (18:34):
But they also installed it, meaning they.

Speaker 8 (18:36):
Took out there.

Speaker 2 (18:36):
There's not a lifetime warranty on install there's not a
lifetime warranty on installation.

Speaker 7 (18:42):
It's on the product.

Speaker 11 (18:43):
I guess my next step is, is there somebody in
the color of Springs area you would recommend.

Speaker 8 (18:49):
To pull out the door, reinstall it properly.

Speaker 2 (18:52):
In fly That's what needs to be that's what needs
to be done. In fact, it would be quicker, better
and easier to just do that and get it over with. Now,
if you want to take a last ditch effort after
you have that done, let's say it costs fifteen hundred bucks.
I don't know what it'll cost. I have no idea,
but you could take them to small claims court and

(19:12):
say it was never done right to begin with. I
think no one would listen to you, but I think
you could at least try, and you'd feel like, you know,
at least I tried. Now, as far as Colorado, as
far as Colorado Springs, I gotta figure this out. I
know we have good people down there. I got to
look at my referral list for the Springs area, which

(19:35):
you could easily do. Let's see referral list. That's what
you need. Though, you absolutely need someone in the Springs
to reinstall it, you know, I don't know. I don't
think K and H goes down there. That would be
a company. Another one would be Genesis. I don't think
they go to the Springs. Genesis tootal Exteriors dot com.

(19:57):
He does everything. I just have to see it's it's
really any kind of good window company, And I'm trying
to think because I know we have good people down there.
Let me see I'm looking right now.

Speaker 11 (20:14):
Okay, I can do some research on that. I just
and I did look on your referral list. I didn't
see anybody for this area.

Speaker 7 (20:22):
Okay.

Speaker 11 (20:22):
My question was whether or not I had a leg
to stand.

Speaker 7 (20:27):
I know you, I know people get pit listen.

Speaker 2 (20:29):
You know what's funny is I have a service I
provide where I can show you I've recovered hundreds of millions.

Speaker 7 (20:36):
Of dollars for people over the years.

Speaker 2 (20:37):
But people get pissed off at me and they go
on Yelp where they go on reviews and put bad
reviews down if I don't help them because they don't
like hearing. They do not like hearing the truth. They
don't They get pissed off when I tell them the truth,
even if it ends up being the truth. They just
are pissed off that I gave him that bad news
and they say he didn't help me at all. By

(20:58):
the way, I did you know the construction down in
the springs.

Speaker 7 (21:02):
They're pretty good people.

Speaker 2 (21:05):
Just that that's one I'm looking as I'm talking to you.
But in any case, I don't I understand why you're upset.
I kind of do, but I but.

Speaker 11 (21:14):
I'm not truly not. I'm not really upset. I just
if I had an option to do that. I just
want to get your opinion on it. And and that's.

Speaker 2 (21:22):
Hey, how about this? Did you try? Did you try
calling him back? By the way, for the hell of it?

Speaker 11 (21:25):
Did you try for since since uh something, since four
years ago, he has been like once no, this September. Yeah,
I've called him multiple times since September and emails back and.

Speaker 7 (21:37):
Forth, nothing right right, crickets and so.

Speaker 11 (21:42):
And then today she finally said we're not going to
do anything. I said, okay, that's what I want to know.
Now I can go forward.

Speaker 7 (21:47):
But would they do something?

Speaker 2 (21:49):
And you probably don't want to pay them because they're clowns,
But would they do something if you pay them? Is
what I'm asking?

Speaker 11 (21:56):
No visiting, And off of that, she said, we're not
going to honor the warn and and you know they
did it. Seemed like they did a good job.

Speaker 2 (22:03):
Well, they don't have to honor the warranty because there
there must not be anything wrong with the Believe me,
a lifetime warranty is on the product itself. There's not
much that goes wrong, but I will tell you it
was good.

Speaker 11 (22:16):
I actually liked the product.

Speaker 2 (22:18):
Yeah, it was the installation correct.

Speaker 7 (22:21):
Yeah, and if you first noticed.

Speaker 2 (22:24):
The problem four years ago, even that installation wasn't as
terrible as some. But thank you for calling it. I'm sorry,
Like I said, I'm really sorry. I can give you
the answer you wanted. Three oh but but as far
as referrals go, we have some good people down there.
I would ask K and H if they go down there,
or Genesis as well.

Speaker 7 (22:42):
They're great people.

Speaker 2 (22:43):
Three zero three seven one three talk seven oh three
eight two five five. By the way, Genesis Total Exteriors
dot com, I really do believe he might go down
there and he does windows and doors and siding and
all of the outside stuff on your house. So if
you ever have storm damage and take care of all
of that. So look up Genesis, tootalexteriorce dot com. We

(23:04):
have 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

(23:24):
too much your coverage at dozens of insurance companies find
out Now three oh three seven seven to one.

Speaker 7 (23:30):
Help.

Speaker 2 (23:30):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martine, your troubleshooter three oh
three seven one three talk three oh three seven one
three eight two five five Denver Regen. By the way,

(23:55):
I'm not going to put Dan on the spot here
mackenzie and ask him if he notices any more hair
growth on the top of my head, but most people do.
I've had some some honest to goodness some stem cell
therapy up there, and it really is. There is really,
honest to god new growth coming in. I feel it.
It's itchy and it's working and it's remarkable. But Denver
Regen also does, of course, joints Denver Regen dot com

(24:17):
for stem cell therapy great value.

Speaker 7 (24:20):
Paul, what's going on?

Speaker 8 (24:24):
Well, Uh, I am suing a contractor small claims court. Okay,
we've gone you know all through it.

Speaker 2 (24:32):
Now tell me the issue. I'm just curious about the issue, Paul.

Speaker 8 (24:36):
Uh, we had a backup generator installed in our off
the group cabin. Oh cool okay, did not follow any codes,
could not get it to run.

Speaker 7 (24:47):
What was he an electrician?

Speaker 8 (24:50):
He claimed you as an electrician electrician that installed it
along with the solar system that he installed. But long
story short, we up.

Speaker 2 (24:59):
Oh wait so he had he had the solar system too,
huh okay, keep.

Speaker 8 (25:03):
Going correct, and it's the backup system we're having problems with. Well,
we couldn't get him back out to fix it, so
we finally contacted an authorized dealer.

Speaker 2 (25:14):
What kind of generator it is? A cooler okay, a
really good one okay.

Speaker 8 (25:22):
And the dealer came out and factor authorized dealer and said,
oh wow, we everything's wrong. You have you electricity is wrong?

Speaker 2 (25:30):
What was wrong with it to begin with? That you
called for help?

Speaker 8 (25:34):
It would never run and we found out they didn't
switch it from.

Speaker 2 (25:41):
Uh it never ran at all, or it didn't work properly.

Speaker 8 (25:44):
It just wouldn't work properly because it wasn't switched over
to from natural gas to pro pain. But also it.

Speaker 2 (25:53):
Wired wrong okay, so so boxes So the guy never
came out.

Speaker 7 (25:58):
To fix it.

Speaker 2 (25:59):
And who is it?

Speaker 7 (26:00):
Installed by Sun Solar off the grid Sun Solar.

Speaker 8 (26:06):
Okay, My question is this. Yeah, we've already gone through it.
We've made the contacts. We've given them their thirty days
to come out and fix it.

Speaker 2 (26:14):
Well what okay, okay, hold on, so you didn't have
it fixed yet? Is that right?

Speaker 8 (26:19):
It has been fixed. We gave them there thirty days
to fix it. They didn't.

Speaker 2 (26:22):
We went When you say they're thirty days, it's like
you you read that somewhere.

Speaker 7 (26:27):
What do you mean they're thirty days?

Speaker 8 (26:29):
We contact them, told them it wasn't.

Speaker 2 (26:31):
Working, But what about thirty days? Where did the thirty
days come in? That's what you just thought would be reasonable, right.

Speaker 8 (26:37):
Yeah, we thought that would be reasonable to say.

Speaker 2 (26:39):
Okay, that's a good assumption. Oh, that's a good assumption.

Speaker 8 (26:42):
So what else answer and fix it?

Speaker 12 (26:46):
You know?

Speaker 8 (26:47):
On advice to my attorney, we're going to small claims court.

Speaker 2 (26:50):
Uh huh.

Speaker 8 (26:51):
And we're having trouble giving them served. The Sheriff's department
has been out three times and now I have a
private investigator looking for them. And what happens if we
can't get them served?

Speaker 7 (27:04):
Okay? Well, yes, and no, the real question, Dan, do
you know?

Speaker 2 (27:10):
Let me bring up Dan. Dan McKenzie's an attorney at law,
state planning attorney. But in general, though, if you can't
serve someone, hold on, let me turn that on.

Speaker 7 (27:19):
Go ahead, go ahead.

Speaker 6 (27:20):
So eventually you can tell the court about your efforts
and what you did, and if you can convince the
court that you've really done everything you need to do,
you could get authorization to serve by publication, which means
publishing a notice.

Speaker 7 (27:31):
Does that ever really happen?

Speaker 2 (27:33):
It does?

Speaker 6 (27:34):
Yeah, if you're really gone, you know, if this person's
really avoiding service, and you know, yeah, if they're really.

Speaker 2 (27:39):
But I've never heard of anyone who's impossible to serve.
So tell me what you mean by that, because you
don't have to serve him personally. You can serve someone
like an administrative assistant, a secretary, wife, kid at the door,
or an adult at the door, I think.

Speaker 7 (27:53):
But yeah, well.

Speaker 8 (27:54):
That's those are the efforts that are being made. You
have a process server, process server. Uh, he's having problems
and weird, we're in contact doing that.

Speaker 2 (28:05):
You know some people. Let me tell you what people
have done in the past. I've had process service in
the past for the show that would use an Amazon
box and they would go up to the door and
they didn't put an Amazon uniform on, They did not
lie about anything. They just had an Amazon box ranging
the door, and when he came they pulled it out

(28:26):
of the box. Another one was they would make an
appointment for an estimate and then when he showed up,
they would serve him. So there are ways to do
it if the guy's in business.

Speaker 8 (28:39):
Right. But Okay, you've pretty much answered my question, which
is if we've made a lot of reasonable attempts, I
go back to the judge and say we've made these
reasonable attempts.

Speaker 2 (28:49):
So I don't think you're going to get publication nowadays.
I mean I personally don't because I think it's a
I don't has anyone tried to make an appointment for
an estimate for first all or system.

Speaker 8 (29:06):
I really don't want to answer that, because if that
does happen and he's listening, then he'll a more suspicious.

Speaker 2 (29:11):
Okay, cool, all right, I hope you can get a
hold of the guy, you know.

Speaker 8 (29:18):
I mean, yeah, okay.

Speaker 2 (29:19):
I just I don't blame you. I I like I said,
I I don't blame you for this is where this
pisses me off to But you're how much did it cost?
By the way to fix it.

Speaker 8 (29:34):
Eighty eight and fifty three dollars did.

Speaker 2 (29:37):
You have so wait wait a minute, how much was
wait wait wait wait wait wait wait?

Speaker 8 (29:41):
How much was the generator, the generator itself or the
cost to fix it?

Speaker 7 (29:47):
The generator itself?

Speaker 2 (29:49):
Like if you if you had it installed by them
to begin with, what would the generator cost itself?

Speaker 7 (29:55):
What's the generator part of it?

Speaker 8 (29:58):
I'd be about forty five hundred.

Speaker 7 (30:00):
You didn't buy a new generator, right.

Speaker 8 (30:02):
Yeah, we did buy a new generator.

Speaker 7 (30:04):
Well, you're not going to get a new gener I'm
just going to tell you that you got.

Speaker 8 (30:08):
We're not looking for a new generator, we're looking to
get the installation fixed.

Speaker 7 (30:13):
Yeah, I understand, But what happened to the old generator?

Speaker 8 (30:17):
It was gasoline?

Speaker 7 (30:20):
Where is it?

Speaker 8 (30:22):
Well it was forty years old.

Speaker 2 (30:24):
Oh I'm not.

Speaker 7 (30:25):
Talking about that.

Speaker 2 (30:25):
Hold on, is that the one? No? No, no, What
I meant was, Paul, I'm just trying to give you
some guidance.

Speaker 8 (30:31):
Here.

Speaker 2 (30:31):
The guy that installed the generator for you, that did
it wrong, This Cohler one. This is the new generator
you're talking about, right, correct?

Speaker 7 (30:39):
Okay, that's what I mean.

Speaker 2 (30:40):
You didn't buy another one beyond you didn't buy another
one beyond that, right.

Speaker 8 (30:43):
No, we just had the installation.

Speaker 2 (30:45):
Okay, I gotcha, I gotcha. Okay, okay, Now another thing.
And a judge probably won't bring this up, but a
defendant would, and that is eighty eight hundred. He could
argue was not reasonable because it's you know, I mean.
But but then you can make the argument with your expert.
But seventy five hundred, I believe is the limit anyway

(31:06):
in small claims court. It is.

Speaker 8 (31:08):
And that's what we're doing. Okay, excited to be you know.

Speaker 2 (31:11):
Let me know, let me know how it goes, because
I think you're on the right track. You seem to
be reasonable, on the right track. And uh yeah, and
then see if you can get served another way. Sometimes mail,
registered mail or certified mail. They'll let you do.

Speaker 7 (31:27):
I'm Tom Martinez. We have more coming up.

Speaker 2 (31:34):
Go with a sure thing Denver's Best roofer Excel roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison,
call Compass insurance paying too much your coverage at dozens
of insurance companies. Find out now three oh three seven
seven to one. Help. You'll think you're his only customer

(31:56):
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
here three all three seven one three talk three all
three seven one three eight two five five Glenn?

Speaker 7 (32:14):
Your turn? What's going on?

Speaker 2 (32:15):
Glenn? What can I do to help you? Sir?

Speaker 13 (32:18):
Yes, yes, Glenn, thanks for taking my call. I heard
you take. Tell me about a doctor that you went
to for your back pain.

Speaker 2 (32:28):
Yes, and by the way, I wasn't advocating that people
necessarily go to him.

Speaker 7 (32:32):
I loved him and all that.

Speaker 2 (32:33):
Of course, but it was the procedure that was FDA approved.
I was one of the first surgeries ever after FDA approval,
and it was remarkable. So it's the procedure more than anything.
I'm not saying the doctor wasn't wonderful, But there are
other doctors who do the procedure.

Speaker 13 (32:51):
Well, I'm trying to find one. I've a I've got
a primary physician who's got me running all over town
and every time I go there, they want to start
all over again.

Speaker 2 (33:00):
Well, okay, Here's what every surgeon will do. Who's worth
his weight or his salt or her salt, And that
is they do want to start over now, not necessarily
with imaging. If you have adequate imaging, they'll use your imaging,
but they definitely want to examine you. And all that
is that. What what do you mean by starting over, Glenn?

Speaker 13 (33:20):
Well, I've had nerve ablation three times, yes, and an excruciating.

Speaker 7 (33:26):
Nerve ablation, by the way, helps temporarily.

Speaker 2 (33:29):
It's a terrible thing because it causes scar tissue, which
actually causes more trouble with nerves later on.

Speaker 13 (33:35):
Yes, I know, I've decided not to ever do that again,
and don't.

Speaker 2 (33:38):
Do a fusion. Eighty five percent of them are failures
and the other fifteen percent people are still in pain.

Speaker 13 (33:44):
Right right, Well, I've had an implant in my back
now for over a year.

Speaker 7 (33:49):
What's the implant do?

Speaker 2 (33:50):
Is that a nerve implan to deaden the nerve or
stimulate the nerve.

Speaker 13 (33:54):
I've got a little console that I can change.

Speaker 2 (33:57):
It distracts the nerve. How many hold on, sir, Glenn?
I feel for you, man, I can hear the pain
in your voice. Hang on, I'll come back. To you,
okay three all three seven one three talks seven one
three eight two five five Okay, I do have some
texts coming in for Dan McKenzie. McKenzie Law does a
state planning and we will talk about that. And you'll
never guess the one question I get every single time

(34:18):
he's on the answer is yes, under certain circumstances. Can
you have a written, handwritten will? Yes, but don't do it.
We'll talk about that and more coming up. Go with
a sure thing Denver's Best roofer Excel Roofing dot com.
You don't pay a cent until you're contenth time for

(34:38):
an insurance check up free, no obligation in comparison, call
Compass Insurance pain 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.

Speaker 14 (34:58):
Two ripped off news neat ad.

Speaker 1 (35:08):
That's who you don't have. Come running just as fast
as we can. Shooter's gonna help. Come man, this is.

Speaker 5 (35:19):
The trouble Shooter Show. No Tom Martino, Hi.

Speaker 2 (35:23):
Tom Martino, You're Troubleshooter three oh three seven on three
Talk seven one three eight two five five. All right,
now listen before we go any further, we have but
Dan McKenzie with us Mackenzie Law. He does wills and probate.
Oh sky, I got to get off of that shot there.
That's that's what you hear is an opening on YouTube
and anyway, so anyway, so welcome, And what we're talking

(35:44):
about are wills and trust and probate and voiding probate
and blah blah blah blah blah. And here's what I
want to know. But somebody wants to know the real
realistic here's what they want to know. Bottom line. I
should just read it, but I don't have in front
of me. They have a pro they have an estate.
It's got some money they want to distribute to three brothers.

(36:05):
But they know they know that their aunt had credit
card bills. So what are the chances they want to
just ignore it? What are the chances the credit card
company would come after them?

Speaker 6 (36:19):
I mean, I guess it depends on the amount, but
we frequently get credit card bills in probate processes.

Speaker 7 (36:25):
And they do want to be paid, they do, and.

Speaker 6 (36:27):
I mean to close that probate out, you're going to
have to file a Swarren statement saying that you have
resolved a credit or claim.

Speaker 2 (36:33):
So oh really, so if you committed fraud that would
come back on you if there was a complaint, right.

Speaker 6 (36:38):
Yeah, I mean, I don't know if the credit card
company is actually asserted a claim or how long it's
been since the person.

Speaker 2 (36:42):
No, they just know about the bills because she was
living high off the hog. Okay, so here's what I
want to know. How would they find out she died?

Speaker 6 (36:53):
Well, so you're familiar with the publication notice that we
just talked.

Speaker 7 (36:58):
About in the terms of us, Well, are you required
to do that?

Speaker 6 (37:01):
If it's been less than a year since a person
passed away, you were required to publish notice. And credit
card companies have people out there looking for those, so.

Speaker 2 (37:07):
They do, really, they really.

Speaker 6 (37:09):
Do, do other creditors.

Speaker 7 (37:12):
Depends on how professional they are.

Speaker 6 (37:14):
I mean, it's it's funny because usually those are for
people who are like probably loans from family members or friends.

Speaker 7 (37:18):
They're never going to.

Speaker 6 (37:19):
See it, right, But yeah, we I mean we often
get credit card bills and provac.

Speaker 2 (37:24):
This is a question comes up time and time again.
How do you settle bills? And what if you don't
hear from them? Blah blah blah, what are you obligated
to do? You have to make a good faith effort
to contact him or not or just publish.

Speaker 6 (37:35):
Now, this is a strategic decision because you can notify.
You can reach out and notify them, and the benefit
of doing that.

Speaker 7 (37:43):
Is that it will give you certainty.

Speaker 6 (37:44):
Right, you will know, like I notified them and they
either submitted their bill or they didn't.

Speaker 7 (37:48):
But here's the timeline. How much time do you have
to give them? Sixty days that's it.

Speaker 2 (37:52):
Yeah, from time of death or time of notification notification.

Speaker 6 (37:56):
Yeah, and they have a year after death, Like you
could sit there and wait and not do the notification
and just sit there and wait for the year. And
then after the year has passed, if they haven't done anything, then.

Speaker 2 (38:06):
Wait, you don't have to do any notification or any advertising.
You're in published. You have to publish, publish. I am
shocked that they still have a publishing a publishing requirement
in today's day and age, because the publishing requirement is
to where Facebook where.

Speaker 6 (38:21):
No, there are minimum requirements for newspapers that circulate in
the county where the person is living. So it's got
to publish once a week. It's got to circulate to
at least. That's ridiculous.

Speaker 2 (38:29):
I mean, whoever reads the damn things? I don't even
Where do you publish or where do you do it?

Speaker 7 (38:36):
For your clothes?

Speaker 2 (38:37):
We do it.

Speaker 6 (38:38):
There's there's a lot of local newspapers around.

Speaker 7 (38:40):
There's Arora Sentinel, like the.

Speaker 2 (38:41):
Glendale Chronicle or something like that. Okay, okay, so there
would be little ones like that, yep, okay.

Speaker 7 (38:47):
Then source of revenue. Frankly, now it is a good okay.

Speaker 2 (38:51):
So what I want to know is why hasn't someone
entrepreneurial done a universal website that the governments will all use.

Speaker 6 (39:00):
I mean, that day is coming and I'm kind of
dreading it because, Frankly, I like you, I like to
publish in a place that they're not going to see it.

Speaker 7 (39:06):
Okay, No, I know what you mean. Yeah, all right, now,
let's keep going here.

Speaker 2 (39:12):
Glenn. We left off with Glenn. He has had thermal
ablasion surgery. That's where you burn the nerves to keep
the pain from transmitting down the legs or through the body,
and that causes scar tissue and nerves grow back, and
it's it's a very complicated thing. And he has a
stimulator now to distract the nerves, and he's wondering about

(39:34):
my procedure, and I had a procedure where it wasn't fusion.
It is a implant, a titanium implant with a some
kind of plastic disc, and it takes the place of
the uh, the compressed area or the whatever, the bad level,

(39:54):
and it literally bolts above and below much like a
fusion would, except it moves like your back does. And
it really is a piece of artificial spine, that's what
I call it. They literally took out my bad facets,
took them out, put them on the table. I have
a picture of them, and then then put this in

(40:14):
its place. So arthritis can never go back. I can
never be impinged in that area. Again. The thing is
you have to be healthy and have good bone structure
to do it.

Speaker 7 (40:26):
And it's approved now.

Speaker 2 (40:29):
It's approved in the US for one level, and there's
only certain levels they can do from the mid back down.
They can't do every part of the back, and they
can't do the neck yet, so most men have problems
L four five six or L three four or five.

Speaker 7 (40:45):
I don't know where yours is. Do you have more
than one level?

Speaker 13 (40:50):
I'm not sure I know what you mean by that.

Speaker 2 (40:52):
Okay, Well, usually the pain comes from a level that
they can tell through an MRI, and they'll tell you
you have L four L five compression causing this pain.
You may have other compression, but there's usually one really
bad area. Now, if you're really bad, you might have
three areas. If you have three areas, you cannot yet
get this procedure called tops TOPS from Premium Spine. You

(41:18):
can't get it for three levels. Now, it'll work on
three levels, but they're not yet approved for it. They're
not even approved for two levels yet. I was fortunate
enough that I had one bad level causing most of
the all of the pain, and I was able to
replace the vertebra in that level L four five, therefore
zero pain. Now, so Glenn, you have to know a

(41:39):
little bit about your physiology. That's why they want to
start over. They want to look at your imaging, they
want to see what levels you are, and then they
want to and a lot of them will say this, Okay,
here's what you're going to run into. They might look
at your back and say, you know, Glenn, I think
a decompression surgery would work. I don't think you need
this because good urgins are obligated to do the minimal

(42:02):
procedures first. That's probably why you've had thermal oblations and
why they want a so called as you put a
start over.

Speaker 7 (42:10):
Have you actually go ahead?

Speaker 13 (42:13):
I've been hoping that you could give me the name
of the doctors.

Speaker 2 (42:16):
I can. I can, but I'm telling you it's not
the doc. It's the procedure, meaning that doctor too will
look at what you call starting over. They they're not
just going to put this procedure on you, okay. They
have to evaluate you, and they don't care what previous
doctors have done.

Speaker 7 (42:35):
It doesn't matter to them.

Speaker 2 (42:37):
In fact, it would be foolhardy for them to say, Okay,
you've already tried all, let's come on in, let's just
put it in you. You don't know how many levels
are involved they need to tell They need all of this.
They'll get your previous records and go buy it. What
I want to know is do you have any clue?
Has anyone ever told you where your compression is how many?

Speaker 13 (43:01):
No, I can't get any information from anybody in.

Speaker 2 (43:04):
That's well, what do you mean you can't get that information?
You go on your portal and look at your results
and it tells you, I mean, have you had an MRI?
When was your last MRI?

Speaker 13 (43:14):
Oh, about a month or two ago?

Speaker 2 (43:17):
Okay, Well they uploaded it to a portal whatever group
you worked with, You log in, you download it, and
you look at it. It'll say L four L five
all five. It'll tell you, I mean, are you proactive
about stuff like.

Speaker 7 (43:30):
This or not?

Speaker 13 (43:31):
Yes? I am. I'm be anymore so I'm about three
steps from a wheelchair.

Speaker 2 (43:36):
Listen, Glenn, listen, what portal has your results for your MRI?

Speaker 13 (43:44):
A doctor Whittier out of Saint Joseph.

Speaker 2 (43:47):
What group is it? Is it Saint Anthony's or Saint Joseph's.

Speaker 13 (43:53):
I think it's Saint Joseph.

Speaker 7 (43:56):
I don't know who that is. But there is a portal.

Speaker 2 (43:59):
You call them and say I want to view my results, okay,
and the radiology report will be very clear and you're
gonna need it anyway to print out for doctors. You
go to and okay, and I'm glad you had it
a month ago. That's gonna be good. And I'm sorry
that you're in so much pain. That's terrible. I can
hear it in your voice. So, Glenn, the doctor Neurosurgery

(44:22):
one is the name of the group. The doctor is
doctor Joshua Beckman B E C.

Speaker 7 (44:28):
K M A N.

Speaker 13 (44:30):
That's the one I'm looking for.

Speaker 7 (44:32):
Yes, that's he. That's the one who did my thing.

Speaker 13 (44:35):
And what what hospital is he operating out of?

Speaker 7 (44:38):
Saint Anthony's Okay? Spirit?

Speaker 2 (44:41):
I think they call it now Common Spirit or something
like that.

Speaker 13 (44:45):
Yeah, well, I'm just about I'm healthy. I'm healthy, yes,
except for this problem with my back and it's been
going on to like seven years. And I get sent
over to how old are baby?

Speaker 7 (45:00):
You're eighty?

Speaker 2 (45:01):
Okay, you really have to have I'm not saying you're
too old, by the way. You have to have really
good bone structure for this. I do, okay, okay, And
so why don't you try making an appointment there Neurosurgery one,
doctor Joshua Beckman. Tell him you're interested in pursuing a

(45:21):
relief possibly TOPS. Have you read about TOPS?

Speaker 15 (45:27):
Oh?

Speaker 2 (45:28):
So you know nothing about it? Okay, you just heard
about me having it? Okay, did you see my video
on YouTube?

Speaker 5 (45:36):
No?

Speaker 13 (45:36):
I didn't.

Speaker 2 (45:37):
Do you know how to get on YouTube and look
at videos?

Speaker 8 (45:41):
Yes?

Speaker 2 (45:43):
Okay, Well, if you provide Kachina with an email, I'll
give you a direct link you can click on and
see it. Okay, Okay, it'll help give you some information.

Speaker 13 (45:57):
That's good. I was just so impressed with what you
said when you had your procedure done and how it
improved it almost overnight.

Speaker 2 (46:08):
Well not overnight, it improved it in the two and
a half hours I was in surgery. When I got
out of surgery, I would have I had so little
pain that I didn't even notice the surgical pain. The
surgical pain was minor compared to what I went in with.
When they said, well you do have surgical pain, right,
and I said, well, of course I do.

Speaker 7 (46:27):
It's a little sore.

Speaker 2 (46:28):
I was up walking around that night, walking past the
rooms and people who were on had fusion done that
couldn't move. And then I walked out of the hospital
the next day, and then I walked around the neighborhood
that afternoon and then I started look at it. I
probably overdid it. I started working out in four weeks.

(46:52):
I mean, my doctor said, wait, but I mean I
was not feeling a bit of pain. I just look
what I'm saying is this. Do what your doctor says,
not what I say. But but it was an amazing thing.
In fact, some of the nurses were upset with me
that I was walking around and I discouraged the people
who had fusion, and I said, well, I'm sorry.

Speaker 7 (47:12):
I mean I didn't mean to.

Speaker 2 (47:14):
I mean, you know, because they were asking me, when
did you have surgery? I said this morning, and they
or this afternoon or whatever. They couldn't believe it. I mean,
and these guys were in there four days later and
they were in bed. So it's just I don't know why.
In fact, I don't know why anyone anyone does fusion.

(47:34):
I don't know why. I don't know why because I
mean maybe because maybe because they're not candidates for anything else,
and all they want to do is get out of pain.
And I truly feel for them. So have a great day.
Let me know if you need anything else. If you
leave your email address, I'll give you a link to
that video. Three zero three seven one three A two
five five. If anyone else is listening, they can go

(47:54):
on YouTube and just search it Martino search for premium tops,
procedure back pain whatever, I think. I put a lot
of tags in there. We have a lot coming up
on The Troubleshooter Show three oh three seven one three
talks seven one three eight two five five. Go with

(48:15):
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 checkup free, no obligation comparison call Compass
Insurance paying too much your coverage at dozens of insurance
companies find out now three oh three seven seven one help.
You'll think you're his only customer when you choose Frank

(48:38):
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, your Troubleshooter three oh
three seven one three talk three oh three seven one
three eight two five five Okay, So uh Bill has

(49:01):
an issue with a window bill?

Speaker 7 (49:03):
Welcome, what's happening Bill?

Speaker 3 (49:06):
What's up?

Speaker 16 (49:07):
Hey?

Speaker 8 (49:07):
Listen?

Speaker 3 (49:08):
I got a lifetime warranty window from I got him
more for Ken Moon's website years ago. And the balance
spring keeps breaking and it's broken now, and the guy said, well,
we'll replace the window or something.

Speaker 2 (49:27):
Now, hold on, man, this is this is a what
kind of window?

Speaker 7 (49:30):
Bill?

Speaker 3 (49:31):
Mary Mac?

Speaker 2 (49:32):
I think I've never heard a Mary Mac?

Speaker 3 (49:35):
I think so that's what it is.

Speaker 7 (49:37):
How long ago was it installed?

Speaker 8 (49:39):
Oh?

Speaker 3 (49:40):
I'm thinking around ninety six. But it's it's broken and.

Speaker 7 (49:44):
They're still Wait, they're still in business, I believe.

Speaker 3 (49:48):
So, But the installer is and I don't know, and
he's talking about replacing the window. And my question is
how much of my responsible of the paint?

Speaker 2 (50:01):
Well, Bill, I don't know anything about this. I mean
you're asking let me explain this to you. First and foremost,
who warranted it? Was it the manufacturer or was it
the dealer? That's the first question. The second question is
are they still around? And then then those two questions
are paramount.

Speaker 3 (50:24):
Okay, So if we do install the window, should.

Speaker 9 (50:27):
I be.

Speaker 2 (50:30):
I'm going to ask I'm going to ask this. I'm
going to say the same thing. Is it a manufacturer's
warranty and are they still around? Or was it a
dealer warranty? And are they still around? Which one was it?

Speaker 3 (50:42):
Uh? Well, the manufacturer guaranteed it? Because different people have
come out.

Speaker 2 (50:47):
Do you have a copy of the guarantee?

Speaker 3 (50:50):
I don't think so. I don't know.

Speaker 2 (50:52):
Maybe do you have a name of the manufacturer, a
name Mary Mac, Mary m A R Y m Ack.

Speaker 3 (51:03):
I think m R I Mack.

Speaker 2 (51:07):
Okay, Mary Mac windows. I can't find anything on Merymack windows.
So if you're saying they're still in bit, well, let's say, and.

Speaker 3 (51:16):
I might be saying it wrong, but well, my question
is though, how much am I responsible?

Speaker 2 (51:21):
Okay, okay, you keep asking the same question. I keep
saying the same thing. It depends on if it was
a manufacturer's warranty and if the company is still around,
and what the terms and conditions are of the window.
So I can't answer you. Bill. You could be responsible

(51:42):
for one hundred percent of it. You could be responsible
for just the parts. You could be responsible for just
the labor. I have no idea. It depends on the
manufacturer's warranties, terms and conditions.

Speaker 7 (51:57):
That's what it depends on.

Speaker 2 (51:59):
So when you called this person, who did you call
about the window?

Speaker 7 (52:03):
Who is it?

Speaker 3 (52:04):
Installer?

Speaker 2 (52:06):
What is so the installer that did it in nineteen
ninety six is still around?

Speaker 5 (52:12):
Right?

Speaker 2 (52:13):
That installer is still around okay. And and what is
the installer's name?

Speaker 3 (52:19):
It's a buyer's windows.

Speaker 2 (52:21):
Okay, so Buyer's Windows B Y E er S. Yes, Okay,
call them and ask them is this still covered under
a manufacturer's warranty?

Speaker 7 (52:34):
Yeah, I'm giving it to you.

Speaker 2 (52:38):
Call buyers and ask them if it's covered under the
manufacturer's warranty. And under that warranty, how much are you
responsible for? They'll tell you exactly. They don't want to
they don't want to get to your house and not
be paid. Buyer's Windows is the installer? That's amazing if

(52:58):
they're still around after two eight years. They show a
place still uncentennial.

Speaker 7 (53:04):
Buyers B E y E R S.

Speaker 2 (53:07):
And I see it. Okay, that's cool. And they they're
the ones that install the window. You bought it from them,
right correct? Okay, I'm on their site right now. And Bill,
I'm not trying to give you a hard time.

Speaker 7 (53:19):
I swear to you.

Speaker 2 (53:19):
I'm trying to get to the bottom. They show nothing.
They show nothing of the sort here, none of those
windows you talked about. They show Anderson, Marvin mill Guard.
And you know what I'd like to do. I want
you to I want you to hang on, and I
want to get you a real answer so you don't
get ripped off because you should be calling Gravina. That

(53:41):
guy Nick knows about every window known to man. Would
you call Nick and let's get his professional opinion for Bill?

Speaker 7 (53:47):
Can we do that, Kachina?

Speaker 2 (53:51):
Yes?

Speaker 7 (53:51):
Good?

Speaker 2 (53:52):
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(54:15):
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

(54:35):
dot com to list your home with Remax Alliance three
oh three nine two zero sixteen twenty two. Hi Tom Martino,
your troubleshooter. Let me go to Nick Gravina at Gravina's
Gravina's Windows and doors, and that's on West Evans. Nick,
have you heard of Mirrormac windows? Mer are, I m ack.

Speaker 17 (55:04):
It's not a Mirramac, it's Mirror.

Speaker 7 (55:06):
No.

Speaker 2 (55:06):
No, see that's what I thought he said.

Speaker 7 (55:10):
He said it was mirror. He might be getting that wrong.

Speaker 2 (55:13):
But when I googled Mirrormac, what's really weird?

Speaker 7 (55:17):
When I googled.

Speaker 2 (55:18):
Mirramac r r I m ack, it says Mirrormac windows.

Speaker 7 (55:26):
But there are no Mirramac windows.

Speaker 2 (55:28):
I think they're just using I don't know, I have
no idea, but it's I can't find a brand called
Mirramac anywhere. So if you haven't heard of it, for
God's sakes, you guys handled like fifty lines of windows.
If you've never heard of it, I'm going to say it,
they don't exist.

Speaker 17 (55:47):
Well, I mean it's possible they exist. That could also
possibly be maybe a private label of somebody. You know,
there's a lot of companies out there that will private
label and put a different name on it. But I
would say, if it's an the Denver market, it's probably
all the Merrimax.

Speaker 7 (56:02):
And it's just that's what I was thinking.

Speaker 2 (56:04):
A Mirrormax. Hey, Bill, is it possible it's a Mirrormax.

Speaker 7 (56:10):
Could be yes, do you have anything written down anywhere,
an old invoice or anything.

Speaker 3 (56:16):
I don't know. We have to really look at possibly.

Speaker 17 (56:20):
Now, why the buyers, Hey, yeah, I think buyers used
to do a Merrimax.

Speaker 2 (56:27):
That's what I'm thinking now when you say used to.
Is a Mirramax still around?

Speaker 6 (56:31):
Nick?

Speaker 17 (56:32):
No, they went under probably about two years ago now.

Speaker 7 (56:36):
So their warranty would be worth nothing anyway.

Speaker 17 (56:39):
Well, they're warranty. So they were bought by Cascade multiple
years ago. Cascade was bought by Plyjim. Cornerstone bought ply
Jim in theory, when we still have a Mirramax issue,
we can go through Cascade depending on what the issue is.

Speaker 7 (56:55):
And Okay, you know what I want you to do.

Speaker 2 (56:56):
Bill, I don't care who you dealt with in nineteen
sixty nine. I want you to really deal with Gravina
and Nick.

Speaker 7 (57:06):
I want they'll they'll take a look.

Speaker 3 (57:10):
Okay, Okay, Well I'm going to replace the window I
just said. Well, get someone's opinion.

Speaker 2 (57:14):
Well, okay, if he might be able to get you
some warranty, maybe not, but I want you to call him.

Speaker 17 (57:20):
Okay, I'll get the issue at the window.

Speaker 7 (57:24):
Bill, what's the issue with the window?

Speaker 3 (57:26):
Well, the the balance spring keeps breaking. It's broken about
four or five times.

Speaker 2 (57:31):
Is it a double hung?

Speaker 3 (57:33):
No?

Speaker 17 (57:34):
Are you just down on the show a week ago?

Speaker 2 (57:38):
No?

Speaker 7 (57:38):
I don't think so. Oh are you?

Speaker 2 (57:40):
Bill?

Speaker 7 (57:40):
I'm sorry.

Speaker 3 (57:41):
I called it Buck the windows that you can't access.
And he asked me if I was a horder.

Speaker 17 (57:47):
Ugh, yeah, he was on the show when I was
on the show. Yeah, I think it was a merrimax
and it was a balance issue. I told him it
could maybe be, you know, if it was an installer
issue or for screws backed out, maybe kind of rubbing
on the string.

Speaker 2 (58:00):
Okay, God, you got a memory. Holy crap, Nick, I
used to think I had the memory. But you're right, Bill.
I did ask if you're a hoarder. But Bill, I'm
just gonna give you some bad news. They need access
to that window. You're not going to get it replaced
from the outside only.

Speaker 3 (58:14):
Well, no, that one's no problem. Okay, yeah, other windows?

Speaker 2 (58:19):
Do you have a service department?

Speaker 6 (58:21):
Nick?

Speaker 17 (58:22):
Yeah, But if he wants to call down, I'll give
him my email, which is, you know, Nick at Gravina
Windows dot com. And if he can send me some
pictures or we have a text line which is three
or three Gravina. If he can provide me some pictures,
maybe I can do a little you know, pre investigation.
If we can, you have to, we can try to
get out there for him.

Speaker 3 (58:39):
Okay, okay, it's just a it's a bathroom window that's trusted.

Speaker 2 (58:43):
I wait, we got it, Bill, So did you hear
three or three Gravinas this text? You can text him
or you can do his uh email which is Nick
at Gravina's is it Gravina or Gravina's.

Speaker 17 (58:58):
Gravina right single windows plural?

Speaker 7 (59:01):
But yeah, so Nick at Gravina Windows dot com.

Speaker 3 (59:05):
I can quite remember on your website, right yeah.

Speaker 2 (59:08):
Yeah, But we can get Kitchina, give him, give him
the web, give him the email address he needs. Email first, Bill, Nick,
I really appreciate it. Nick Gravina, of course, Gravina's windows
or and it's Gravina Window dot com. Nine to fifty
West Evans And they truly are the experts. Fifty lines
of windows three oh three, four, seven, two eighty four
sixty two. And yeah, yeah, I've known I've known these

(59:32):
guys for so so many years. And you can trust
him Gravina Windows dot Com. Okay, let's go back to
the phones and we have some texts for uh Dan McKenzie,
Dan McKenzie estate planning on a trust Dan, Someone said,
what scenario these people have some real estate and they

(59:55):
have some home. You know, they have a home, they
have vehicles, they have artwork. When is a trust used?
They want to know why? And when is a trust used?
Why can't they just use a will? And that's a
good question.

Speaker 6 (01:00:07):
You absolutely can use a will if you pass away
in Colorado and have eighty two thousand bucks or real estate.
To get that stuff transferred, it's going to have to
go through the court supervised process of probate. So a
question for you is do you care about that or not?
And some people don't care.

Speaker 2 (01:00:21):
They're like, that's fine, okay, But how does the trust
avoid all of that? What would happen if they have
a trust? How does it does it bypass everything? They
don't even go to the court?

Speaker 6 (01:00:32):
Correct? Because the trust is I compared it to a
little business for your personal stuff. You're retitling your stuff
to your trust, which you run as long as you're alive,
and then when you pass away, the trust is always
alive and well, so the owner of your house and
you know, whatever property you just mentioned there is still alive.
It doesn't have to go through probate. The question is
just who steps in and runs it, and you put

(01:00:53):
that detail in the trust agreement. Okay, that person just
steps in there. They don't need court authorization, just like
when you know, Steve Jobs passed away and Tim.

Speaker 7 (01:01:03):
Cook took over.

Speaker 6 (01:01:04):
Tim Cook did not need court authorization to take over Apple, right,
I mean, it's just like he's in there now, he's
the CEO. The same thing a trustee is like the CEO.
There are new CEO steps in if you're not here anymore.

Speaker 7 (01:01:14):
Okay, so the entity stays the same.

Speaker 6 (01:01:16):
The entity is the saying it's the owner of your
stuff and it is not debt.

Speaker 2 (01:01:20):
And when that trust owns that stuff, can it wind
up after the primary person dies.

Speaker 6 (01:01:25):
That's usually what that's usually the instruction.

Speaker 2 (01:01:28):
But it can stay in place for the life of
the heirs.

Speaker 6 (01:01:32):
Yeah, it might morph into like more tra like you know,
a lot of trust. It's like it says, break this
up into trust for each of our kids after we
pass away. And now those trusts keep going and you know,
legally those are separate trusts, but they're all created by
the same document.

Speaker 7 (01:01:46):
Very interesting.

Speaker 2 (01:01:47):
Thank you for texting that, whoever did, because you know,
I mean, we go over that quite a bit, but
it is an entity. And again somebody asked me about well,
I'll get to that in a minute. Here we do
have some more tests for him, and if you can call,
you can ask him questions. Two three oh three seven
one three talks seven one three eight two five five.

(01:02:15):
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 all three
seven seven to one help. You'll think you're his only

(01:02:37):
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.

Speaker 7 (01:02:48):
Hey Tom Martino, you're troubleshooter.

Speaker 2 (01:02:51):
Three o three seven one three talks seven one three
eight two five five. I was talking about excitement to
come on my show where I'm gonna have a link,
a public link that'll bring people in to a website
where they wait in a queue and come on with
the show without a phone call. They can do it

(01:03:13):
through their phone or their computer by simply clicking a
link or putting a link in their browser. It's going
to be wonderful. Seriously, I'm taking the show to new heights.
I'm always on the forefront. Come on. We all know
that I was the first one to stream in Denver
three O three seven one three talk seven one three

(01:03:34):
eight two five five, the first one to have a
referral list ever. Think of the first we had on
this show, the first consumer show ever in the world.
There aren't any anymore anyway, and there are a few
copies that tried. But anyway, Drew, Welcome to the show, Drew.

Speaker 7 (01:03:50):
I did.

Speaker 2 (01:03:51):
I just want you to know something, Drew. I did
get your email, and I did get your yet login
information for your GoFundMe, but I haven't yet had a
chance to go in and change. I wanted to help
you rewrite your intro and make it more appealing, and
I haven't had a chance to do that yet.

Speaker 7 (01:04:10):
Is that what you're calling about, sir?

Speaker 15 (01:04:13):
Yes, Tom and in fact do it at truleisure because
you're doing me a tremendous favor. I've never had a
computer or a cell phone. I don't know anything about it.
The librarian said, you might want to switch your phone
because then they're going to well.

Speaker 7 (01:04:30):
I don't know. Here's what I You're right.

Speaker 2 (01:04:32):
I mean, if I put my phone number down though
on your on your GoFundMe, it may compliment I mean
complicate things.

Speaker 7 (01:04:44):
Now.

Speaker 2 (01:04:45):
I know what your your librarian meant. She said, it's
going to ask for verification texts, and it's going to
be complicated if you get the verification.

Speaker 7 (01:04:55):
I get that.

Speaker 2 (01:04:56):
So what I think I might do is maybe temporarily
change the phone number and then put it back to
your phone number afterwards.

Speaker 15 (01:05:06):
I don't know, I'm me because I know nothing about it.

Speaker 2 (01:05:11):
Yeah, I know, looking I'm going to try to help
you all I can, Drew. I'm I'm going to be
straight with you though, and this is something I need
you to know. I'm not so sure you're going to
get enough money through this GoFundMe site because there are
a lot of causes people don't care about.

Speaker 7 (01:05:29):
I don't know how to put that.

Speaker 2 (01:05:30):
I'm not saying you're not a good person or people
shouldn't want to help you. I'm going to try to
make the appeal to where they will want to help you.
But we have the risk, sir, of them not contributing
to you. Do you understand that right?

Speaker 15 (01:05:46):
Yes? Tom? Can I go back to nineteen fifty four
day c.

Speaker 7 (01:05:50):
Nineteen fifty four?

Speaker 15 (01:05:52):
Be sure you're right, then go ahead and do it.
So that's what we're doing.

Speaker 7 (01:05:57):
Yeah, Yeah, Okay.

Speaker 15 (01:06:00):
We're doing We're going to do it when lose or draw.
Thank you.

Speaker 2 (01:06:02):
Yeah, and I just hope, like I said, yeah, I
have your I have your link right here and your login.
I just wanted to make sure I had him. Drew, listen,
do you have a contingency plan? Do you have not?

Speaker 7 (01:06:16):
Do you not have money to make pay rent this
next time?

Speaker 2 (01:06:19):
When?

Speaker 7 (01:06:19):
When do you run out of rent?

Speaker 1 (01:06:20):
Money?

Speaker 15 (01:06:22):
On tuesdaree? Probably January, which is right around the corner.

Speaker 2 (01:06:29):
Do you have so you don't? You have social security
coming in?

Speaker 15 (01:06:33):
I have social Security and pension and the total of
both of them is seventeen hundred a month.

Speaker 7 (01:06:41):
And how much is your rent?

Speaker 15 (01:06:43):
Twenty two hundred?

Speaker 7 (01:06:45):
Oh my god?

Speaker 2 (01:06:46):
How have you been living up to this point, I've.

Speaker 15 (01:06:49):
Lost ninety eight percent of my life savings.

Speaker 2 (01:06:53):
Oh my god, Drew, what did you do for you
were a preacher? For income? When did you stop working
as a preacher?

Speaker 15 (01:07:05):
Well, I guess with the car accidents, two of them,
because I'm now halfway crippled.

Speaker 2 (01:07:15):
Yeah again, Uh, your personal injury attorney, did we ever
contact him? We never got you were you were going
to give us the name and you never did.

Speaker 15 (01:07:30):
Wait wait, wait, want to be asked by a very
good radio station and he said no.

Speaker 2 (01:07:37):
Wait, he wouldn't talk to us about your case. You
didn't have to tell him where a radio station.

Speaker 13 (01:07:42):
For goodness sakes, I always just say the truth.

Speaker 15 (01:07:47):
I don't think about it. But that's what he said.
I can ask him again if you want me to.

Speaker 2 (01:07:54):
No, No, here's the problem. He's thinking it's going to
be on radio and all that. We just want to
find out what he's doing on your case. We're not
putting it on the radio. We just want to help you.

Speaker 15 (01:08:06):
Hey, tell me it should be coming the trial in
about six seven months, but you know the card system.
In the meantime, I'll be in the street come January.

Speaker 2 (01:08:18):
Would you ask him to just see if we can
ask him if tell.

Speaker 7 (01:08:22):
Him I'm just a friend of yours.

Speaker 2 (01:08:24):
I happen to be on the radio, but I'm just
a friend of yours that wants to find out. Hold on,
could Gena get the name and number for this guy
length and give tell him that. Okay, don't ask him
about being on the radio or anything of the sort.
I think that just complicates things at this point. Gee okay,

(01:08:47):
Oh yeah, good, Okay. Put him on hold three oh
three seven one three talk three O three seven one
three eight two five five. I'm want to go back
to this text. Someone said, Tom, I heard you talking
about a creative way to use an LLC to pass
things through death instead of a trust. Again, I'm not

(01:09:09):
advocating they do it instead of a trust, but I
think there are times a simple LLC could be apropos.

Speaker 7 (01:09:20):
Here, and so let's talk about that.

Speaker 2 (01:09:22):
Coming back on how you can use an LLC instead
of a trust and when that would be apropos. That's
coming up with McKenzie law Dan McKenzie coplans dot co
is his number or eight three three co plans we
have more.

Speaker 7 (01:09:36):
Right after this. Plus we're going to ask the deputies for.

Speaker 2 (01:09:38):
Any follow ups or progress on the cases they're working.

Speaker 7 (01:09:42):
I'm Tom Martino.

Speaker 2 (01:09:44):
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 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

(01:10:06):
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 yeer.

Speaker 1 (01:10:20):
Ripped. You need advis so you don't have come running
ass as can. Shooter's gonna help. Come man, This is.

Speaker 5 (01:10:35):
The Troubleshooter Show, Now Tom Martino, Hello.

Speaker 7 (01:10:39):
Tom here, Welcome to the show.

Speaker 6 (01:10:41):
Three O three.

Speaker 2 (01:10:42):
Seven one three talk seven one three eight two five five.
Actually the main numbers three oh three Martino three oh
three six two seven eight four sixty six. It's where
you can call twenty four to seven. Leave a message.
We'll get back to you and we will help you
anyway we can. Okay, so you don't have to stay
on hold and that's three oh three Martino three oh

(01:11:06):
three six two seven eight four six six welcome. Hey, uh,
we have some questions for our attorney today for estate
planning and anything on your mind.

Speaker 7 (01:11:20):
We'd love to talk to you about.

Speaker 2 (01:11:23):
But I do want to tell you something everyone, and
this is really important to me. I years ago got
a little pissed off at the financial planning industry and
the personal finance industry and investment advisor industry. So I

(01:11:47):
had a wild hair and I hired a guy to
do my own planning. He was a registered investment advisor
representative with a company, and then he came and started
working for me, along with another guy, and I just
had them working for me over the years, just me

(01:12:08):
and I made a deal that I'd give them a
portion of what they returned for me. And then when
artificial intelligence first started coming around, I asked them to
develop some of those procedures and strategies we've done on this,
and I said, why don't you you know? And so
we did. And then I did this about six years ago,

(01:12:34):
and it was all selfish, absolutely selfish. I hired private
advisors and I'm.

Speaker 7 (01:12:42):
Not going to tell you about the performance. It was good.

Speaker 2 (01:12:43):
But I'm not going to tell you because there's no
guaranteeing performance ever. But we tracked it and we established
an AI program. We call it SWELL Strategic Wealth Enhancement
Learning Logic. Then I established a private fund and did
that legally so we could invite others into it qualified investors.

(01:13:04):
And I did that for a few years, and then
I thought, you know what, I would like to do
this for others, because frankly, there's a reason for it.
So I moved forward with official registration as an investment
advisor with the Colorado Division of Securities and just did that.

(01:13:26):
I mean, but I've been doing this for like five
or six years, and I had the private fund, and
I just here's what I'm telling you. I started a
business because of it.

Speaker 7 (01:13:38):
It's called Wave eight.

Speaker 2 (01:13:39):
Financial Manage Wave eight Wealth Management. And the reason I
did it I want to tell you about. And I'm
not saying people are bad, Okay, I'm not saying that,
but I want you to know about the industry because
I don't think a lot of people know about the industry,
not at all. And by the way, you can ask
me any questions you want about it, or you can

(01:14:00):
just call about any problem question or complaining three oh
three Martino three oh three, six two seven, eight, four
sixty six. But here's the bottom line.

Speaker 5 (01:14:08):
And.

Speaker 2 (01:14:10):
I'm gonna be I'm going to piss off a lot
of people. So I hope that when you hear me,
you check this out for yourself. And again, I'm not
saying the industry is filled with bad people. In fact,
it's highly regulated, and I think most of them are
really good people. I really believe that, I really do.

(01:14:30):
They're not necessarily all equally as skilled, but I think
financial advisors are pretty much a good sort. A lot
of that happens since made off because restrictions and regulations
got way harder and tighter and safer for consumers. But
most every investment advisor you hear about anywhere, or these

(01:14:56):
shows you hear all over the radio all of the
country on Saturdays and Sundays and all that, almost every
single advisor are not really investing your money. Their relationship managers.
They bring you in and they promise to advise you

(01:15:17):
and invest your money, but they don't. Now again, they're
not breaking any laws. I'm not talking about that. They
just are not your advisor. Now they appear to be
your advisor. Instead, what they do is they interview you,
so I guess they kind of advise you. They interview you,
they find out about your risk level, your investment objectives

(01:15:39):
and goals. They place you in similar portfolios with other
investors with the same goals and the same objectives and
the same risk levels. They kind of section their clients
in these portfolios, and then they hand them off to
big broker dealers who then take care of the trading.

(01:16:03):
Not bad, I mean a lot of people make good money.

Speaker 7 (01:16:05):
Go ahead.

Speaker 2 (01:16:06):
Now there are people say, oh, I don't care, Tom,
I do everything myself. Well, look, no normal person has
the energy or the time to do that. But I
don't want to get into that discussion because there are
noaht alls who think they do everything themselves, and they
don't hire anyone for anything. I'm surprised to go to dentists.
But in any case, most financial advisors bring you in,

(01:16:28):
they establish a relationship. Then they place your portfolio with
a broker dealer and they're middlemen. And what happens is
they pay a fee to the big trader, the big advisor,
or the big broker dealer. They pay a fee, and
they charge you a fee and they make a middleman fee.
They carve off some for themselves and then pay the
people who are really investing your money. Okay. Now again,

(01:16:51):
there are people who love that model. They love their
financial advisor. They say to me, oh, I love my
financial advisor on liver Change.

Speaker 7 (01:16:58):
Okay.

Speaker 2 (01:16:59):
So I wanted to do it a different way. I
wanted to actually really do it with my people, and
so when I developed this firm, I made some pledges
one hundred percent, one hundred percent of our funds personal funds,
my money is in this company, one hundred percent of
investible funds. I mean I might have money elsewhere, like

(01:17:22):
in a house or something, but I'm talking about all
of my investable funds are.

Speaker 7 (01:17:25):
Exactly where yours would be.

Speaker 2 (01:17:28):
We don't pawn off a portfolio to other people to
make investment decisions.

Speaker 7 (01:17:34):
Ever.

Speaker 2 (01:17:37):
We take an active role in wealth building for you,
and we limit our growth and expansion so everyone gets
individual attention for objectives, goals and desires. That's that's what
I want to do. And I'm the founder, I'm a client,

(01:18:00):
and I don't get compensated for talking about it, but
I will make money on the company.

Speaker 7 (01:18:04):
That's what people do. You make a fee.

Speaker 2 (01:18:08):
So I just want to put that out in the
open because you will be hearing the advertised Wave eight
Wealth Management. And it's an absolute passion of mine, and
I've been silent about it up till now, but i
can tell you I'm very satisfied with what it's done
for me, and I want to do the same for others.

(01:18:29):
And if you're interested at all, I'm going to give
a phone number. This is not anything like the model
in the marketplace right now. This is personalized. This is
one to one. I mean, we have a group, and
we have a committee and all of that. We have
the artificial intelligence, but this is not where we just

(01:18:51):
pass along your portfolio. And I'm not saying those people
are bad your mind, but they're not your advice. They're
really not your advisor. Okay, that's just the true. The
number if you want to if you want help, is
three O three seven seven one help. I took that
number from my bank and I'm using it now for
Wave eight Wealth Management. It's three oh three seven seven

(01:19:15):
one help seven seven one four three five seven and
it's the website is W eight WM dot com stands
for Wave eight Wealth Management. You could spell it out
if you want too. That'll get you there. Wave eight
the number eight Wealth Management dot com or just W
eight WM dot com three O three seven seven one

(01:19:37):
help seven seven one four three five seven There. I
wanted to talk about that. It's been on my mind
a long time. I've been working on it behind the scenes.
So if you have any questions you can ask me
as well. But I just wanted to talk about it.
Another thing I want to talk about. I have Dan
McKenzie with me, and Dan does a state planning and

(01:19:58):
we have a question for him. LLCs instead of trusts. Okay,
somebody heard me talking about it one time. A trust
bypasses court, goes through death and preserves assets and money
and all kinds of stuff property, vehicles, artwork. And you

(01:20:20):
can also write a lot of terms and conditions in there.
You can put terms and conditions on the people who inherit.
You can write a trust to match salaries for kids,
you can do whatever, or you can dissolve it after
your death and the trustee disperses all that stuff that's
all true about a trust, right right?

Speaker 6 (01:20:40):
Yeah?

Speaker 2 (01:20:41):
Okay, Now what I also want to know, and Jeanette,
I will take you next. I promise on a trust, though,
how can an LLC help do some of that? And
when can you use an LLC? An LLC is something
you easily form. It's a limited liability company. You can
do it in ten minutes online. When would you use
an LLC?

Speaker 6 (01:21:02):
So typically llices are used for like business purposes, right
for assets that are producing income like a rental property
or a business or something like that. Because LLCs do
give you an argument that their asset protected right the
assets are in there are separate from yours.

Speaker 2 (01:21:15):
Where you have a little company LLC you know, yeah,
ABC Roofing LLC whatever.

Speaker 6 (01:21:19):
The revocal trust does not give you asset protection. People
ask me all the time if I put this stuff
in this trust, am I going to be protected from
being sued? And the answer is no, And probably thank God,
because it was that easy to hide your money, we
all would do it and be living like So remember.

Speaker 2 (01:21:33):
A trust does not protect you from lawsuits.

Speaker 6 (01:21:35):
There are trusts that can do that, but they're sophisticated,
They got to be irrevocal. They might have to be
set up in different jurisdictions. So it's just a lot
more than just a revocal living trust. The trust purposes
just to get assets out of your name so that
you don't have to go through probate. The LLC we
have used lycees for mistake planning to and the reason
that sometimes those work is because trust puts somebody in

(01:21:57):
charge and they end and like sometimes you've got an
asset like a ski condo in Breckinridge or something like that,
where it's like, this is a family asset, we really don't.
We want the family to come together and work together,
almost like a business.

Speaker 7 (01:22:10):
Right, So you create.

Speaker 6 (01:22:11):
An LLC with an operating agree, with an operating agreement
that says, here are the members the you know, basically
the boarder and what they own. Yeah, they're they're membership interest.
What if they want to get out? What if your
kid has moved to Florida and it's like I not
interested in knowing a record in Ridge condo anymore? How
does he get out?

Speaker 7 (01:22:27):
So that's almost better than a trust.

Speaker 6 (01:22:29):
It's easier for that circumstance. Yes, I mean it's not,
you know, it's not for everything. Don't run own and
put everything you have in an LLC. Uh, you can
create tax issues for yourself. So you want to consult
with us about this, but it does have its use.
It does have its use in the state planning too.

Speaker 2 (01:22:45):
Okay, so you would have these things, you could have
all of them in one LLC or maybe several LLCs.

Speaker 6 (01:22:51):
Oh yeah, yeah, depending on some with lcs like asset
protection if you're using it for that purpose, Like the
more you can break it up, like we sued huge companies.
It's like, you know, one point as involved in loss
it against GE. There were like seven different GE entities
or a g G Healthcare GE worldwide, you know, and
it's like they've soaken it up.

Speaker 2 (01:23:08):
So you can have like if you have a rental,
you can have each and you want to leave like
different rentals to different airrors.

Speaker 7 (01:23:15):
You can have them as owners of the LLC.

Speaker 2 (01:23:18):
Right yeah, and then they can own that part of
it in that LLC. And you can have an LLC
for even can you have an LLC for artwork? Though
probably not right because that's not income producer.

Speaker 6 (01:23:30):
I mean I guess if it was the artwork was
owned by a business. Like again, like with the big companies,
like they'll put their employees in one LLC, they'll put
their equipment in another LLC, they'll put the building another
l Oh, really it all out like that, so, but
that's a huge hassle to maintain. No, of course you're
going to be willing to like even file the periodic
reports every year is a pain in the bud. So
you just want to not get too carried away.

Speaker 2 (01:23:51):
But it can be used in place of a trust,
and sometimes it's more useful than a trust. Now, Jeannette,
we're going to come right back to you, Kachina, let
her know I'll be right back to talk about a
Greeley Dear Dealership and a Jeep Rubicon. Right after this,
go with a sure thing Denver's Best roofer Excel Roofing

(01:24:13):
dot com. You don't pay a cent until you're content.
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seven to one help. You'll think you're his only customer
when you choose Frank durand the real estate Man dot

(01:24:34):
com to list your home with Remax Alliance three oh
three nine two zero sixteen twenty two. I'm gonna block
them three oh three seven one three talk seven, one, three, eight,
two five five some ahole on YouTube. We're gonna block you.
You're get out of here talking about venezuel As. I'm helping.

(01:24:56):
How are the gang members doing? You know what? They're
not all gang members? And I resent that, you piece
of crap. Okay, anyway, get rid of I'll get rid
of him. I'll block this son of a gun. How
do I block this put this user?

Speaker 7 (01:25:20):
Yeah, I'll just he'll just be gone, okay.

Speaker 2 (01:25:24):
Anyway, whoever he is, he's a coward, a keyboard coward.

Speaker 7 (01:25:28):
Hey, Jeanette, what's going on with you? Jeanette? By Jeanette?

Speaker 2 (01:25:35):
What sounds like you have an Oh? Wait?

Speaker 7 (01:25:37):
Did you buy this new or used?

Speaker 13 (01:25:40):
I bought it used as.

Speaker 18 (01:25:42):
A car lot?

Speaker 7 (01:25:44):
How long ago?

Speaker 18 (01:25:47):
It hasn't even been a month yet, it's actually in
the shop.

Speaker 2 (01:25:53):
Now. I'm going to ask this question.

Speaker 7 (01:25:55):
I hate asking this question.

Speaker 2 (01:25:56):
I hate it.

Speaker 7 (01:25:57):
I hate it, but I'm going.

Speaker 2 (01:25:57):
To ask it. I got to ask it. Did you
have it checked out before you bought it? No?

Speaker 3 (01:26:06):
I didn't, Okay, I just did a.

Speaker 2 (01:26:10):
And who'd you buy this oa cheap rubicon from?

Speaker 18 (01:26:15):
It's a car lotin Greeley called drive.

Speaker 2 (01:26:18):
In Motion, Drive in like driving like a drive in
theater or drive.

Speaker 8 (01:26:25):
Yes, like a drive in theater driving motion?

Speaker 7 (01:26:29):
Okay, drive in motion?

Speaker 2 (01:26:30):
Got it?

Speaker 7 (01:26:31):
And and uh, how long you had? About month ago? Okay,
So what's going on?

Speaker 18 (01:26:38):
Well, they sold it at a really cheap price. And
you know, I asked about it before I went in.

Speaker 2 (01:26:44):
Well, it doesn't matter if you ask about it. What
everyone says that I asked about They said it was great. Okay,
go ahead, tell me what they said.

Speaker 18 (01:26:54):
Okay, Well they said that it needed an ABS module
fix to pass admissions, but they weren't going to put
the work in to get that done. That's why it's
at the price.

Speaker 2 (01:27:08):
Is that?

Speaker 7 (01:27:09):
Well, let me ask you something.

Speaker 2 (01:27:10):
Where what what? What? What were they selling it to you?
And where do you live? Do you live in an
emission controlled area?

Speaker 7 (01:27:19):
Yes?

Speaker 3 (01:27:19):
I do?

Speaker 7 (01:27:21):
Then they had to Then they can't hold on.

Speaker 2 (01:27:24):
They can't sell it to you without a passing emissions
if they're selling it to sell a buyer in an
emissions controlled area, unless they sell it to you as
a toe away. How did they sell it to you?

Speaker 18 (01:27:44):
I got the car finance through them.

Speaker 7 (01:27:47):
I want to know how they sold it to you?
On the invoice? Is it does it say toe away.

Speaker 18 (01:27:55):
No, I'm pretty sure it doesn't say too.

Speaker 7 (01:27:58):
But they told you ight up front it would not
pass emissions.

Speaker 18 (01:28:04):
No, they told me after I got the module fixed,
it would pass emissions.

Speaker 2 (01:28:10):
But I've boughten the module, Jeanette, Jeanette, hold on at
the time of the sale, did it have the module
it needed? No, at the time of the sale, it
was not sold as a tow away. At the time
of the sale, it would not pass emissions. Are all

(01:28:33):
of those true? Yes, Well, then they're in trouble because
they can't sell a car into an emission area without
it passing emissions or giving you a three day coupon
to have your emissions checked.

Speaker 7 (01:28:49):
Now, did you get a three day coupon?

Speaker 9 (01:28:54):
They did give me that, But.

Speaker 2 (01:28:57):
Why would they give you a three day coupon if
they knew it would not pass. They gave you a
three day coupon and said, Jeanette, in order for it
to pass, you have to buy an extra part.

Speaker 7 (01:29:10):
Yes, did you buy it?

Speaker 18 (01:29:15):
I bought the part that they told me it needed.

Speaker 8 (01:29:18):
But it's still the.

Speaker 7 (01:29:19):
And what did they say it needed? What did they
say it needed?

Speaker 18 (01:29:24):
An ABC module or ABS module?

Speaker 16 (01:29:28):
Sorry?

Speaker 18 (01:29:28):
ABS module?

Speaker 2 (01:29:30):
ABS like in abs breaks. Yes, that has nothing to
do with emissions.

Speaker 18 (01:29:38):
That's what I was told from the repair shop.

Speaker 2 (01:29:43):
Who did you who are you dealing? Did you call
them back?

Speaker 18 (01:29:48):
I've called them several times and they've been kind of
ditching me. I finally got a reply today in an email,
and the person over at the shop said that they
would put five hundred dollars towards their mechanic fixing the
issue that's causing it not to pass admissions.

Speaker 7 (01:30:11):
Okay, and what is the issue causing it? What is
the issue causing it not to pass?

Speaker 18 (01:30:17):
It's some type of fuel canister issue going on.

Speaker 2 (01:30:22):
Okay, Well, how much do they say it's going to
cost if they're going to put five hundred toward it?

Speaker 18 (01:30:29):
I had an invoice and it's over one thousand dollars,
like a thousand under it.

Speaker 7 (01:30:36):
No, you're not going to do that. You're going to
undo the whole deal.

Speaker 18 (01:30:45):
Even the cars already financed through a bank.

Speaker 2 (01:30:48):
So they have to they have to undo it. They
sold the car illegally and they're going to lose their license.
In fact, Deputy d will you call and tell them that.
Hold on, Jeanette, we'll get the information that No, they're
going to undo the deal. Otherwise they lose their dealer license,
so they can make the choice. They can't sell it
like they did. They can't make you buy a module

(01:31:10):
after the sale to pass emissions. They can't then say
we're not going to make it pass emissions. They have
to pay for the whole thing or they have to
undo the deal. That's the way it is, Okay. The
only way they would get around it is if they
allege that it would have passed in the first three.

Speaker 7 (01:31:31):
Days but you did something to it. Okay, Okay, Okay.

Speaker 2 (01:31:42):
Now I think that we can probably convince them that
they're breaking the law. Okay, So hold on three oh
three seven one three talks seven one three eight two
five five Kachina, give that over to Deputy d well More.

Speaker 7 (01:32:00):
Coming right up, Go.

Speaker 2 (01:32:06):
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You don't pay a cent until you're content. Time for
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one help. You'll think you're his only customer when you

(01:32:28):
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 three seven one three Talk
Trail three seventh three each two five five. Terry has
a question for Dan McKenzie, Attorney at law for estate planning. Dan,

(01:32:49):
I mean, Terry, go ahead.

Speaker 19 (01:32:50):
Sir, Good afternoon, gentlemen, sir, how are you all good?

Speaker 13 (01:32:56):
Good?

Speaker 2 (01:32:56):
Hey?

Speaker 19 (01:32:56):
I got a question. Back In September of twenty three,
my wife and I set up a revocable living trust,
and then in January of this year, we did a
quick claim deed for our property to put into the trust,

(01:33:18):
and I thought everything was good, and then all of
a sudden last month, I got a letter from the
Department of Finance, Denver Department of Finance saying that the
legal description of the property is missing. Now I have
a parcel ID would that not have the legal description?

Speaker 6 (01:33:42):
Usually the legal description says something like lot eight, block
twenty you know, sub whatever your subdivision is, and that
needs to be on the deed somewhere. The parcel number
is not the legal description, but if you have a
document that has that on there, it might all.

Speaker 7 (01:34:00):
So have the legal description on there. What document would Well,
there's all kinds of documents.

Speaker 2 (01:34:05):
What what do you what He's trying to find his
legal basically, yeah, the legal description.

Speaker 6 (01:34:10):
I mean if you go you can go back to
the county indeed, Yeah, for the previous deed from the county,
the one prior to the one you recorded, and that
will have the legal description on there.

Speaker 2 (01:34:19):
Or you can go online and find it on the
tax records.

Speaker 6 (01:34:22):
Yeah yeah, or you know the Clerk and Recorder's office
also has the deeds online too.

Speaker 8 (01:34:27):
That's where that's where.

Speaker 19 (01:34:29):
That's where I went through with the quick claiming deed.

Speaker 6 (01:34:33):
And did you match it exactly to the previous deed?

Speaker 16 (01:34:37):
Well, I didn't have the deed with me and I
bought the house thirty one years ago, so.

Speaker 8 (01:34:46):
You know, I have no idea.

Speaker 19 (01:34:48):
I guess My question is where could I find that at?

Speaker 2 (01:34:51):
And why does he need it?

Speaker 7 (01:34:52):
Because of the quick claim they wanted.

Speaker 6 (01:34:54):
I mean, if he's trying to move his property with
a new deed that did that news you just needs
you just the legal description of the property and that
the addresses like clerk and record doesn't care about the due. Okay,
I need to know the legal, got it? I mean
I would, I would call a fellow Martino. Yeah, Brad O'Brien,
because you should not be doing your own deeds. I
mean they look really simple, they are really deceptive, Like

(01:35:17):
do not draft your own deed.

Speaker 7 (01:35:18):
I just I really don't you mean your own quit
your your own quit.

Speaker 6 (01:35:22):
Clan indeed, like anybody, like your house is your most
valuable asset. Probably it's multiple six figures. Like you're not
gonna pay two fifty to an attorney to get this correct,
Like you gotta do that.

Speaker 19 (01:35:35):
So go through Brad O'Brien, well, at least to ask
his advice.

Speaker 2 (01:35:40):
Yes, but but you can find if all you're looking
for is the legal. You can find that legal anywhere.
I don't know why you're having a problem finding it.
If you went online to the tax assessor's office and
found your your appraisal card or any part of it,
anything has your legal on it.

Speaker 19 (01:36:00):
Oh keep, But why would they say it's not on there?

Speaker 2 (01:36:05):
Well, I don't care what they say. I can go
on there right now. I had to go on the
other day and look at one for my hangar. It's
on there. You can go on there and look at
any property you have the address for that, and I
don't know why, I, honest to goodness, don't know why.

Speaker 16 (01:36:20):
If it is on there, how do I, Brad?

Speaker 8 (01:36:24):
How do I mean, Dan?

Speaker 19 (01:36:25):
How do I get it to where it is on there?

Speaker 6 (01:36:30):
You probably will need to record a what's called a
corrective deed. That's one way to do it where you're
fixing things on a previous deed. There's also affidavits you
can file, but usually a corrective deed is a better
way to do it because you can't undo. You can't
go back and like modify a deed. You record it already.

Speaker 7 (01:36:48):
You can't.

Speaker 6 (01:36:49):
You can't, you cannot, you cannot.

Speaker 2 (01:36:52):
Well, then what do you do?

Speaker 6 (01:36:53):
You got to file the corrective deed. It's another document one, Okay.
The clerk Recorder's office is not messing with that chain. Okay,
that's the whole point. So you've got to file something
new to go back and correct the previous one.

Speaker 2 (01:37:06):
Okay. Here's what I found as I asked my girlfriend
that the legal description could be found in several areas.
It says here the County Assessor's website, free and public access.
You search the County Assessor's website wherever County you're in,
you look for the property search tool and you put

(01:37:28):
you can put it in an address or names or whatever,
and you will get the partial ID and the legal
description immediately. That's what it says.

Speaker 19 (01:37:37):
And so Dan, do I have to then go through
Brad to get a new deed?

Speaker 2 (01:37:44):
No?

Speaker 7 (01:37:45):
Not necessarily.

Speaker 6 (01:37:46):
No, He's just saying, do you think the whole you
might have created a little bit of a hole here?
And you know, we have situations where it's like people
don't fix it and then they pass away some years later.
It's like, now the family's got a decades old you
know that they're going and having to go back and
correct through like a probate case that they wouldn't have
had to fire or got to help you a quiet
title action. Those are just a huge pain. So you

(01:38:08):
definitely want to get it right. And you know, yes,
you're probably gonna have to file something new and you
know this is a legal document, but.

Speaker 19 (01:38:18):
It's not something I can do myself.

Speaker 2 (01:38:21):
You can, and of course you can.

Speaker 6 (01:38:23):
You can, you absolutely can, and you just proved yourself
you could.

Speaker 2 (01:38:26):
You just made a mistake and if you make another mistake,
what Dan is saying is you don't get to correct them.
You have to keep revising them, and sometimes the county
doesn't find the mistake. See, you're lucky they found the
mistake and told you to correct it. Some cases they
don't find it, and you die and what you thought
you did didn't work and they find a mistake on it,

(01:38:48):
and then it's hell to pay for your heirs to
try to correct it.

Speaker 19 (01:38:53):
So where do I find a site that I can
create a new deed?

Speaker 8 (01:38:59):
Oh?

Speaker 2 (01:38:59):
Wait, oh, oh, that part is different. I told you
how to find the legal So where does he go?
You just download a quit claim deed and fill it out.

Speaker 6 (01:39:07):
Well, like I said, i'd probably a corrective deed at
this point correct a previous.

Speaker 7 (01:39:11):
So it's not just another quick claim.

Speaker 6 (01:39:13):
Yeah, I mean you're asking for legal advice.

Speaker 2 (01:39:14):
Yeah, yeah, you need to. You're okay, Look, the correct
the original quit claim would have been easier for you
to do on your own. I would not attempt to
do the corrective deed. That's that's my advice.

Speaker 7 (01:39:27):
Okay.

Speaker 2 (01:39:28):
So I imagine you can find someone to tell you
we don't feel comfortable with that. If you need to
do a corrective deed and and you're sure it's not
just you can't adent.

Speaker 7 (01:39:39):
You can't amend, you can't do anything. It has to
be a corrective deed.

Speaker 2 (01:39:42):
So in a in a chain of title, you could
theoretically have a number of errors and it's just it
doesn't go away.

Speaker 7 (01:39:49):
It's just the subsequent deed corrects it.

Speaker 6 (01:39:51):
Yeah, eventually a title company is going to figure it
out and be like, well, who's going to fix this?
So you want to get it fixed, and.

Speaker 2 (01:39:58):
Now sometimes title companies will do that for you.

Speaker 6 (01:40:00):
Yeah, you can talk to a title company too, but
uh yeah, I mean somebody needs to look at the
notification you got from the assessor's office and then correct.
If you're recorded, look at the previous deed and then correct. Look,
give you advice based on the paperwork, like yeah, because
usually when people are telling me stuff, they're they're getting
it wrong.

Speaker 2 (01:40:17):
I think Terry, in your quest to save money, I
think you cost yourself a little money at this point
because you're gonna have to get someone to do it.
Three oh three seven one three talks seven one three
eight two five five Go with a sure thing Denver's
Best roofer excel roofing dot com. You don't pay a

(01:40:39):
cent until you're content. Time for an insurance check up free,
no obligation. In comparison, call Compass Insurance paying too much
your coverage at dozens of insurance companies find out now
three oh three seven seven to one. Help You'll think
you're his only customer when you choose Frank durand the
real estate man dot Com your home with Remax Alliance

(01:41:02):
three all three nine two zero sixteen twenty two. Hi
Tom Martino here three all three seven one three talks
seven one three eight two five to five. All right, So,
Dan McKenzie, we have someone else who wants to know
about uh deading and stuff. So is the best way

(01:41:25):
when you have a trust to deed with quit claim
deeds into the trust or what other way would you
do it?

Speaker 7 (01:41:33):
So, there's lots of different kinds of deeds.

Speaker 6 (01:41:34):
You've got quit claim deeds, you got warranty deeds, you
got bargain and sale deeds. I mean these are it's
kind of a question that I have to defer review
when we're doing deeds to trust in our law firm.

Speaker 7 (01:41:47):
So it's not a standard answer. I mean, if you preciate,
you don't do a general warranty deed, right, Okay?

Speaker 6 (01:41:52):
Yeah, because you know the issue with a warranty deeder
saying I warrant the title is good.

Speaker 2 (01:41:57):
And the concern is that would you buy title insurance
for yourself, your own trust?

Speaker 7 (01:42:01):
That's the thing.

Speaker 6 (01:42:01):
It's like, if the trust gets sued because of a
defect in title and it doesn't have the title insurance,
you're going to go back to the previous owner. Well,
who's that?

Speaker 7 (01:42:09):
It's me and I have a title.

Speaker 2 (01:42:11):
So there is some wisdom for the trust getting title
insurance and a warranty deed.

Speaker 6 (01:42:17):
You know, the title insurance I don't necessarily think you
need because you have Okay, you have the previous you're
the previous owner.

Speaker 2 (01:42:24):
But a warranty deed is it cleaner than a quick claim?
Is it stronger?

Speaker 7 (01:42:28):
It's stronger.

Speaker 6 (01:42:29):
It's I think there's a there's a concern among lawyers
in Colorado that using a quick claim deed will sever
that title insurance and actually using a warranty.

Speaker 7 (01:42:36):
Deed will maintain it. Okay, that's very yeah.

Speaker 6 (01:42:41):
Yeah, So again I just tell people like, just you know,
this is not usually a huge expense to pay a
lawyer to do a deed for you or a title company.
And we see people do their deeds all the all
the time, and they make mistakes and as you just mentioned,
it might not surface for decades.

Speaker 7 (01:42:58):
Right, We've got a probate.

Speaker 6 (01:42:59):
Going on that the person died in nineteen ninety two
and their family company with indeed and the people who
executed that deed had no court authority to do so,
and they just thought they could do it because they
were the person's kids. And now here it is thirty
two years later and somebody's trying to finally sell that property.

Speaker 7 (01:43:14):
Entitled company is saying, well, who is this?

Speaker 6 (01:43:16):
Who are their errors? We're having to chase people around
the entire country, some of whom are in like care facilities,
you know, and get their sign off.

Speaker 2 (01:43:25):
Wow, this is bad. By the way, Dan McKenzie is
our guest today, McKenzie Law State Planning, and his number
is so good it sounds like he's not here, but
he is live and local eight three three COO Plans.

Speaker 7 (01:43:38):
It's not some big national firm.

Speaker 2 (01:43:39):
He's a local firm that takes care of you one
on one eight three three COO Plans. We've got more
coming up on the Troubleshooter Show three oh three seven
to one three Talk or three oh three Martino, get
your calls in now go with a sure thing Denver's
Best roofer Excel Roofing dot com. You don't pay a
cent until you're content. Plea time for an insurance check

(01:44:04):
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.

Speaker 1 (01:44:29):
Ripped you needed? That's who you don't have? Run anxious
as the cad Shooter's gonna help.

Speaker 5 (01:44:41):
Come Dix is the Troubleshooter Show Now Tom Martino.

Speaker 7 (01:44:48):
Hey, welcome to the show.

Speaker 2 (01:44:49):
I'm Tom Martino. Thanks for being here. We are solving problems,
answering questions, taking complaints, make your life a little easier,
and we are working on problems behind the scenes on phones.
You give us a call, we will help you. All
you have to do is call me. This hour brought
to you by Wave eight Wealth Management. Yes, my very
own company. So I do want to make that disclaimer.

(01:45:11):
One hundred percent of my investable funds are there, and
that is my pledge to. I started a financial advisement
company because I believe the industry basically needs some help. Okay,
so I'm not kidding three or three seven seven one
help seven seven one four three five seven.

Speaker 7 (01:45:32):
My pledge. I founded this for myself. It was selfish.

Speaker 2 (01:45:36):
After years and years of doing it, I decided to
make it public and do official registration with the state
and with Securities Division, and also I started a private
fund as well. And it's all because I wanted to
do it for myself. Most of the industry does not
actually invest your money. They counsel you and place it

(01:45:58):
with other dealers and brokers and make a spread their
relationship managers.

Speaker 7 (01:46:02):
I'm not criticizing it.

Speaker 2 (01:46:04):
People love your financial advisor, fine, but they're like a
remax broker.

Speaker 7 (01:46:08):
They're there, they make money in between.

Speaker 2 (01:46:10):
I want you to know that one hundred percent of
my money is in this company, and one hundred percent
of everyone in the company has their money in it.
That's the requirement. We do nothing that we don't do ourselves.
It's absolutely one transparent. I can tell you there's not
a question we won't answer. I'm the founder and so
therefore this is my company. Just I want to make

(01:46:34):
that very clear. So I will make money on it.
We make fees, but uh, I want you to check
it out. Wave Eightwealthmanagement dot com. The shortcut is W
eight WM dot com W eight WM Wave eight Wealth
Management and the numbers three oh three seven seven one
help seven seven one four three five seven. This is

(01:46:57):
me personally. I did this. You know the time I
did something like this years ago, I started a phone
company because I was pissed off at the phone company.

Speaker 7 (01:47:05):
And I started I remember that for.

Speaker 2 (01:47:07):
Thirty two grand and then I brought an investor for
sixty and this was years ago, and then we sold
it to I think I can tell it wasn't a
non disclosure. We sold it to Dish I believe for
like eight million, eight to ten million or something. That
was years ago. I started was called a Sea Leck

(01:47:28):
and it was called Liberty Bell. And the reason I
did it is because I was pissed off at.

Speaker 7 (01:47:32):
The phone company.

Speaker 2 (01:47:33):
Now I'm starting this company because I was pissed off
at the financial planning and this excuse me financial you know,
the investment advisement industry.

Speaker 7 (01:47:40):
I'm not pissed off at people. There are a lot
of good people in it now.

Speaker 2 (01:47:43):
One thing I will tell you going through the process,
Thank god, I will say that the State Securities Division
and the sec and all of those people since this
made off thing. I don't mean just since then, but
they do a great job screening people and you can
feel safe. And that's one thing I feel good about

(01:48:04):
about the industry in general. They're really really watchdog in
it for you. Anyway, a Deputy Bow has a follow
up or no, he has a question, I'm sorry, Deputy Bout,
you have a question for Dan mackenzie. So let's go
to the wide shot here. Okay, go ahead, Bo, Dan's listening.

Speaker 4 (01:48:22):
Hey Dan, I have a question on I'd like to
know the difference of an addendum and a conticel that
she use after a will or trust is done. Are
they synonymous or are they different?

Speaker 2 (01:48:38):
Just like that's a good question, Bo. I've heard of
that term cottaicil and amendments. Are they the one and
the same?

Speaker 13 (01:48:46):
Uh?

Speaker 6 (01:48:46):
Well, cota sill usually is an amendment to a will,
and addendum is like an addition to it.

Speaker 7 (01:48:53):
Either way, whether it's regards to which one it is.

Speaker 6 (01:48:58):
It has to be executed with the same formality as
the will itself, So if you're doing that, you do
have to have you know, the Gold standards have two
witnesses and a notary. The statue in Colorado does let
you do one or the other, but you know, we
usually do both just to make sure. But if you're
going to do a codicil or an addendum, usually you
should do that. Make sure it's very clear that you're

(01:49:22):
making an amendment or an addendum to the previous will,
and so that it's you know, make sure it doesn't
if there's a conflict which one which one has priority.
So there's there's a few things to be careful about there,
but the primary thing is you got to make sure
that it's the same formality as the will.

Speaker 4 (01:49:40):
Shows an addendum and the concil synonymous, Are they basically
the same?

Speaker 7 (01:49:46):
I don't think so.

Speaker 6 (01:49:47):
I mean, when I hear those terms, I would say
codicil is amending terms in the will. So if your
will said leave everything the Bob, you might have the
castile let's says leave everything to Steve, like you're changing
that term.

Speaker 2 (01:49:57):
And an amendment is an addition, like hey, I also
so have this adm or you just.

Speaker 7 (01:50:02):
Bought something new and you want to leave your boat
to somebody.

Speaker 6 (01:50:04):
Yeah, I mean then you know, and then them to
say yes.

Speaker 7 (01:50:07):
Now, I'm see I see the difference.

Speaker 2 (01:50:09):
But it seems to me if I had a will
and I was leaving everything to Bow or a lot
to Bow, and now I want to leave it to
Dmitri part of it, I wouldn't want to do a condosil.

Speaker 7 (01:50:19):
I would because cells are like.

Speaker 6 (01:50:21):
From the days when we had typewriters and it was hard,
That's right, the whole thing.

Speaker 2 (01:50:24):
I would just I would just redo it, right, yeah,
because why would you ever do that and leave it
open for well he wait a minute, you know I
was on there first, right.

Speaker 6 (01:50:35):
Amendments are always hard to deal with, like a contract
or whatever else. It's like, you know, okay, which paragraph
is this a ending? And which part is amending? Which
part isn't? Is this the harder?

Speaker 7 (01:50:42):
Yeah?

Speaker 2 (01:50:43):
Bo, Why wouldn't someone just take it away and put
a new one in and you can say this is
a new will and testament that supersedes any other ones, right, yeah.

Speaker 4 (01:50:53):
Well you're adding to the will, whereas a consasole, you're
changing something in the else.

Speaker 7 (01:51:00):
That's how I interpret that.

Speaker 2 (01:51:02):
Yeah, that's exactly right, that's exactly right.

Speaker 4 (01:51:05):
And that dum is an addition to the will, and
a condaicel is a change to the will.

Speaker 2 (01:51:11):
Yeah, and we don't recommend or I'm not giving you
legal advice, but Dan says it's easier just to redo
a will than to do a conda. Still, so you
leave everything clear in the meaning, no misinterpretations.

Speaker 4 (01:51:23):
Okay, can you get by with one witness.

Speaker 8 (01:51:26):
Or do you need two?

Speaker 6 (01:51:27):
I mean, the statue says you don't need any if
you have a notary. When we execute wills, we do both.
We have two witnesses and a notary because it's one
or the other in the statute. But I've heard, like
the Denver Probate Court, for example, isn't really honoring that.
They're saying we want both. That was the traditional rule,
but at some point the statues in Colorado said it's
one or the other. So one witness is actually one

(01:51:49):
more than you need, but one less than I would recommend.

Speaker 4 (01:51:53):
Okay. And then I have a question on a trust.
So if I were to pass away, a trust goes
to the trustee, how does the trustee get the legal
power to like go around and change bank accounts, like
for example, on a will, you go to a probate
and the court issues I think a letter of testametertery,

(01:52:14):
which is the power to But how's that done with
the trust because you said in your conversations that you
do not have to go to court.

Speaker 6 (01:52:22):
If you have a living trust right, Yeah, the trustee.
So there is something called the Uniform Trust Code in
Colorado that was enacted several years ago, and it has
the rules about how the trustee accepts the job.

Speaker 7 (01:52:33):
Lets people know that they're accepting the job.

Speaker 6 (01:52:36):
And so you've got to send out notice to the
beneficiars of the trust that you were nominated to this job,
you're accepting the position, and you are you know where
to contact you so they know where to go. And
then you have to provide you know, a inventory and
accounting and all that kind of stuff to those people
and the parts of the trust that concern them. And
then you just do an affi David saying, I swear

(01:52:56):
under oath that the person who created this trust has
passed away. They named me, they'd be their trust d
I am accepted that job, and that's what they show
to the bank.

Speaker 7 (01:53:02):
So there is some.

Speaker 6 (01:53:04):
Documentation to do that probably sounded like a lot. Most
of those documents are pretty simple and you just do
them on your own.

Speaker 8 (01:53:10):
Okay, you have to go to court, you do not
have to get.

Speaker 6 (01:53:13):
A court authorization now, so bo, I'm going to give
you the proper spelling of my name for your will.

Speaker 7 (01:53:24):
Thank you, Thank you boy.

Speaker 2 (01:53:25):
Right hey, listen, Okay, So we have more coming up
on the Troubleshooter Show. Deputy d I heard he called
that dealer in Greeley. That's an interesting case. Well, we'll
get an update on that and more coming up on
the Troubleshooter Show. Go with a sure Thing Denver's Best
Roofer Excel Roofing dot com. You don't pay a cent

(01:53:48):
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

(01:54:09):
Remax Alliance three all three nine two zero sixteen twenty
two Hey, Tom Marksino here three oh three seven one
three talk three all three seven one three eight two
five five. Welcome to the show. Let's uh talk to
you about your problems, questions and complaints. I'm going to

(01:54:30):
go to my friend here. Let's see where is it
air we go? Let me just bring them up. Pat,
are you there?

Speaker 16 (01:54:35):
Sir?

Speaker 2 (01:54:37):
Yes?

Speaker 19 (01:54:37):
Sir?

Speaker 2 (01:54:38):
Okay?

Speaker 16 (01:54:38):
Pat?

Speaker 2 (01:54:38):
Good? Well in between calls here again, callers get priority here.
I want to talk about the stock market. Pat Jolliffe
is my chief compliance officer and an investment counselor an
investment advisor, and he's with Wave eight Wealth Management that
we unveiled today and let people know about. Although Pat,
we've been working together for many, many years. I already

(01:54:59):
explained that how we started this whole thing, and and
also that one of our own money is in it,
we are not. Unfortunately that's not the case with a
lot of companies. They they do a lot of talking,
but they don't do a lot of walking. And I
want to talk about the market. What the hell's going on?

(01:55:19):
I hear it's up, I hear it's down. I hear
it's up, I hear it's down.

Speaker 16 (01:55:23):
So what is it?

Speaker 7 (01:55:24):
I mean truly, what is it? What's driving it is?

Speaker 2 (01:55:27):
Is it the economy? I don't see it as now
now our our Ai I told them about our Ai
our Ai saying, you know, go here, go here, go here,
and it's been pretty accurate. But what is causing this
erratic movement? Is it the news about elections or is
this common around election day? What?

Speaker 16 (01:55:49):
Well?

Speaker 12 (01:55:49):
I referred to it as headline risk, Tom, excuse me.
And I think people are very emotional right now, certainly
with what's going on with the election, but also with
going on in the Middle East. And you know, you
couple that with the other part of the things that
people don't necessarily consider, as the fact that there's large
pensions out there that are managing money that have future

(01:56:12):
liabilities that they need to be able to meet, and
the only way that they can do that is to
funnel money into the markets in hopes of giving a
return and access what that liability is going to be.
And so, you know, people can only or institutions can
only take a cash position for so long before they
have to put that money to work.

Speaker 2 (01:56:30):
So when the money goes back into the market, is
that good for the market? When they start coming from
cash back into the market or does it create more volatility.

Speaker 12 (01:56:41):
Well, it's good for the market and the fact that
it's going to drive pricing up so to the extent
that you can find the opportunity and have an understanding
where that flow is going to be. It's all about
cash velocity. It's both from the investor and then it's
also FED policy. You know, people think a lot of
times it's more about the administration that's going to affect
the direction of the market, but it's really about FED

(01:57:03):
policy because they control the velocity of the money and
the capital into the marketplace. And so obviously, having come
out of a period of time when interest rates and
the cost of money has been so high, we've had
a dramatic decrease in the flow of just consumer capital
flowing into the markets because it's been so costly. And
now we're starting to see that come down, and so

(01:57:25):
the cost comes down, you're going to see more capital
flows in the markets as well.

Speaker 2 (01:57:29):
Yeah, and I want to explain that pack because I
think it's important that people know that in order to
understand that the correlation between interest and the market. What
Pat was talking about is if you can make really
good money with a normal savings account for goodness sakes,
or a T bill. I think I was making six
and a half percent for a while there, pat just

(01:57:50):
letting it sit in treasury bills six and a half percent.
So if you can make a relatively safe, risk free
money in some of these online banks and T bills
and different things, you tend to take it out of
the market. You go into those safety things, and that
causes the market to go down a bit, right, correct.

Speaker 12 (01:58:13):
And it's also in the converse. It's it's difficult on
housing starts, right, because then you look at the cost
of the money to go get a loan and get
a home or refinance or anything like that. So it
locks up the flow of capital that way. But as
you've said, for a long time, it's been extremely difficult
or more difficult to extract income out for particularly retired

(01:58:35):
people and keep it in an environment where it's not
extremely volatile because interst rates have been historically so low.
So it's been a long time since we've been able
to go to banks and CDs and things that mistrams
actually gave a decent yield. So that's been nice, but
we're going to see that start to flip and as
you know, not to get too far into the weeds,

(01:58:55):
but there's a you know, converse correlation between its interest rates.
It's in the price of securities in the marketplace, particly
with fixed income investments. People have a tendency and I
think they're told this and it's incorrect, that there's no
risk in bonds, and that's not true. There's a there's
an inverse correlation between the face value of a bond
that's trading in the marketplace versus what interest.

Speaker 7 (01:59:17):
Rates at the bank or that's right, that's right.

Speaker 2 (01:59:20):
I did say risk for it, and it's really not
risk for you, because you have the risk of purchasing
at the wrong time. You have the risk of having
your money tied up and losing.

Speaker 7 (01:59:30):
Growing power.

Speaker 12 (01:59:33):
Well precisely, and to the extent, if you're holding a
bond that's paying say five percent, and all of it,
and you paid some sort of a premium for that bond,
and all of a sudden the interest rates and the
savings accounts go to six percent, what's going to happen
to the face value of that bond in the marketplace.
Nobody wants to buy your bond that's paying five to
May go put it in a savings account and get
six and so you have volatility on the downside. Now,

(01:59:54):
when you hold bonds to maturity, typically you're removing that
market and interstrate risk when you do that. But there's
you know, it's part of why we do what we
do is we kind of get into the weeds of
help us understand what it is you're trying to accomplish,
and then we can look at all of these different instruments.
We can take the specifics of those and say we
take this is going to work well, and here's why
because of the environment we're facing today.

Speaker 2 (02:00:16):
So Pat, thank you, thank you for being part of it.
And again we all know how long we've been doing
this and and and it's finally official that we can
be public and we can we can talk to people.
And I want to mention, in addition to individual counseling,
one thing that Pat mentioned that's really important. If you
have any kind of a four oh one K for

(02:00:37):
your company or retirement plan, here's something that people do.
They set it and forget it. They set these things
up with administrators and never give a thought to the
fees they're paying, because all they want to do is
have it for their employees, and they automatically assume that
all fees are the same, and they're not. If you
have a four oh one K in a business right now,

(02:00:57):
I'm not talking about a recipient of a four to
one K, But if you're business owner and you set
up a fourroh one K or any kind of a
retirement plan, you can't assume that you're getting great rates
from the administrator. So that's money coming out of your pocket.
And we'll do a free review of that, because truly,
it's something a lot of companies never think about, don't

(02:01:18):
you think, Pat, They never think about.

Speaker 12 (02:01:20):
Oh, absolutely. And the bigger thing that they don't think
about and probably don't realize, is that they, as an
employer providing a retirement plan for their employees, they have
a fiduciary responsibility to their employees and so you need
to make sure that you're complying with what those fiduciary
responsibilities are. And if you're not sure what they are,
then let us know and we can help you understand.

Speaker 2 (02:01:41):
Free free reviews complementary and by the way, it's three
O three seven seven to one help seven seven one
four three five seven. Thank you, Pat. Appreciate. I got
to go to this call now and that's again three
O three seven seven one help and it's W eight
WM dot com or Wave eight Wealth Management dot com. Charles,
what is going on with this contractor? What's happening? Charles? Welcome?

Speaker 8 (02:02:06):
Hey Tom?

Speaker 7 (02:02:07):
How you doing good man?

Speaker 2 (02:02:08):
What's happening?

Speaker 16 (02:02:10):
Well, basically, a contractor pretty much was going around when
everything when all the roofs were being done, and he
left his card in the whole bit and we talked.
He wanted to see what the insurance would pay, like
everybody else.

Speaker 2 (02:02:27):
Well, no, actually that's the wrong kind of contractor to
see what insurance will pay. A contractor should give you
a complete and detailed estimate of what work's going to
be done, put it in writing, and then you talk
to your insurance about what we'll pay. But anyway, keep
going because here's why a lot of times contractors will
make their price match what you're gonna get paid.

Speaker 16 (02:02:50):
Okay, correct, And that's what I thought.

Speaker 2 (02:02:53):
And that can be by the way, that can be
good or bad. Think about this, If the insurance is
not paying that much, right and the and the contractor
sees that before giving you a bid, he might give
you a lower bid and leave out some important stuff
that you should have because he wants to get the
insurance job, or the other way around. If the insurance
is paying a lot of money and and he was

(02:03:15):
going to charge you less, he may increase the price
just because. Okay, So what happened then?

Speaker 16 (02:03:22):
Okay?

Speaker 7 (02:03:22):
So basically did you hire him?

Speaker 16 (02:03:25):
I was basically waiting for him to give me an
invoice and everything. He never gave me an invoice. I
never signed anything. I'm at work. My wife calls me and.

Speaker 2 (02:03:34):
That you have never signed anything with this contractor did
he do your roof?

Speaker 16 (02:03:41):
There was shingles that showed up on our driveway. I'm
at work.

Speaker 8 (02:03:45):
Okay.

Speaker 16 (02:03:45):
Three days later, his guys come take off the old
roop and put the new roof on.

Speaker 2 (02:03:51):
What wait wait, you never signed up with this guy ever?

Speaker 16 (02:03:56):
Correct?

Speaker 2 (02:03:58):
He came to your door and he wanted to talk
to you about it, and you never signed Did he
say this tricky thing like, hey, just sign this so
we can look at your roof?

Speaker 16 (02:04:09):
I never signed anything.

Speaker 2 (02:04:10):
He's okay, gotcha, I believe you. But but so he
was knocking at your door and and did he give
you ahead?

Speaker 16 (02:04:19):
I didn't say he knocked at our door. He's a
contactor that our neighbor uses a lot.

Speaker 2 (02:04:24):
Got it?

Speaker 7 (02:04:25):
Okay?

Speaker 2 (02:04:26):
Did he.

Speaker 16 (02:04:28):
Since everybody else was getting their roofs done and everything?
He figured, Well, he asked me, did you sign up
with any contractor yet? And I said no, I didn't
sign up with anybody.

Speaker 7 (02:04:38):
Did he give you an estimate?

Speaker 2 (02:04:40):
No?

Speaker 15 (02:04:42):
What?

Speaker 3 (02:04:43):
Why?

Speaker 16 (02:04:44):
That's why I'm calling you because.

Speaker 2 (02:04:47):
Okay, so tell me what happened next?

Speaker 15 (02:04:49):
Is?

Speaker 2 (02:04:49):
What happened next is in a day he replaced the
roof without you telling you.

Speaker 16 (02:04:56):
Basically a day and a half. Okay, he replaced He
replaced the roof because I told him I had a
timely when I hire a contractor, I have a timeline
that I have to work with. He says, well, that's
going to fit right in with doing your neighbor. So
he was going to do in the neighbor's roof, and
then he understood that he would probably wind up doing

(02:05:16):
our roof if he gave me an estimate. He never
gave me an estimate.

Speaker 2 (02:05:19):
I get it. So you never hired the damn guy
technically correct? Okay, now, so he just talked to you.
He replaced Rufe. But I have an obvious question. When
you saw the work starting, why didn't you or your
wife go out and say, wait a minute, wait a minute,
we don't have a contract.

Speaker 16 (02:05:39):
He wasn't there, His ohs were there to speak that
don't speak English?

Speaker 2 (02:05:46):
Is that what you were wondering? D Why they didn't
go out and talk to him?

Speaker 7 (02:05:49):
Yeah? Did he try to stop them?

Speaker 2 (02:05:50):
Did? He just said they were of Spanish speaking Crewe?

Speaker 7 (02:05:52):
I assume correct.

Speaker 2 (02:05:56):
Okay, so then what happened? Keep going?

Speaker 16 (02:05:59):
Okay, so they replace the roof and everything. Now I
asked him, I says, well, what's going on? I still
don't have an invoice of what all this is gonna cost. Well,
you know, I think we'll probably just go with what
the insurance settles with you.

Speaker 2 (02:06:12):
Oh no, no, no, no, no no, Look at you
never got a contract. That's against Colorado law that you
have to have a state approof contract.

Speaker 16 (02:06:22):
Correct.

Speaker 2 (02:06:23):
What's the next? Can I can you tell me the
name of the company?

Speaker 16 (02:06:27):
I could, but I'd rather do it off the error.

Speaker 2 (02:06:30):
Okay, that's fine, I want to I want hey, bo,
I want you to get on this case.

Speaker 7 (02:06:36):
Man, do you know if he got a permit for that?

Speaker 8 (02:06:40):
Did he even pull a permit for your house.

Speaker 16 (02:06:43):
Oh bo, you're gonna love this. He showed up a
week after I got back in town. He took me
and my neighbor down to the city and had us
pull the permits as homeowners?

Speaker 2 (02:06:57):
Are you giving a kind of tacit approval by going
along with all of this?

Speaker 7 (02:07:02):
You think?

Speaker 2 (02:07:03):
I still don't think he can nail you for it,
but it's kind of weird that you would go down
and get a permit and say, look sir, that's up
to that's your problem.

Speaker 16 (02:07:11):
Now, Well, the work was already done before he took
us down there, and to get the permits. That's the thing.

Speaker 7 (02:07:20):
Does he have a license in your jurisdiction?

Speaker 16 (02:07:24):
He That's the other thing. He was using another contract.

Speaker 2 (02:07:27):
Okay, man, Charles, you tell us hold on, we got
to take this break. Just hold on because I got
to figure out what do you want us to do.
I'm Tom Martine. 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.

(02:07:48):
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Speaker 7 (02:07:56):
Help.

Speaker 2 (02:07:56):
You'll think you're his only customer when you choose Frank
durand the real estate eight man dot com to list
your home with Remax Alliance three three nine two zero
sixteen twenty two. Hey Tom Martino here three three seven
one three talks seven one three eight two five High Charles,

(02:08:17):
we were talking about a legal principle we want to
talk to you about, but first I want to ask
you what do you want? This is what Charles called
in about. He said, a guy came over, a contractor
was doing some roofs in the neighborhood, came over to
talk to him about his roof. They discussed it a bit,
but Charles never signed anything. All of a sudden, materials
show up at his door or at his house, and
then the guy replaces the roof in a day and

(02:08:38):
a half for two days. And now he finds out
the contractor doesn't have a license. He finds out the
contractor wanted him to pull a permit, so he went
after the fact and pulled the permit. It was after
the fact that you pulled the permit, right, Charles?

Speaker 16 (02:08:54):
Correct?

Speaker 2 (02:08:54):
Okay, as a homeowner. Now here's what I want to know.
I mean, not want to know, I want to Yeah,
I do want to know. First, and then then Dan McKenzie,
attorney at law, here who's who's of course, the state planning,
he had some legal observations. But I want to ask
you what do you want?

Speaker 16 (02:09:12):
Basically, I want to make sure he can't put a
lean on my house and try to make me pay
whatever else the insurance is going to pay.

Speaker 7 (02:09:21):
Okay, Now let me ask you something. Do you want
to pay him anything?

Speaker 16 (02:09:26):
I already paid him part?

Speaker 2 (02:09:27):
Well wait a minute, what did you pay him? What
did you pay him?

Speaker 7 (02:09:31):
Okay?

Speaker 16 (02:09:32):
I figured it first. You know from listening to your
show and everything. When materials show up on the driveway,
then you're pretty much stuck with the contractor. I never
ordered the materials.

Speaker 2 (02:09:43):
Okay, I get it ordered.

Speaker 7 (02:09:44):
But how much did you pay him?

Speaker 2 (02:09:46):
So far?

Speaker 16 (02:09:47):
About eleven thousand?

Speaker 2 (02:09:49):
What do you think that roof is going to come
out to from your insurance?

Speaker 16 (02:09:55):
I already know what the roof came out.

Speaker 8 (02:09:57):
Well, what is it?

Speaker 2 (02:09:58):
What is it? That's roughly fifteen okay, so basically just
four more.

Speaker 16 (02:10:06):
Basically four more, but including that is personal property and
everything that was damaged in the haill.

Speaker 2 (02:10:13):
Okay, I'm gonna I want to explain a few things
to you. First of all, what the insurance pays you
and what he charges you should have no correlation at all.

Speaker 7 (02:10:21):
Okay, correct?

Speaker 2 (02:10:23):
What? Okay?

Speaker 7 (02:10:23):
Yeah, but we do want to talk about a few things.

Speaker 2 (02:10:27):
The fact that you didn't sign anything in this particular
case doesn't mean much. And I'm going to tell you why.
Dan mackenzie told us about a principle in the law
called latches. Okay, now what is what does that mean? Latches? Dan?

(02:10:49):
Explain him? Dan explain? You're an attorney, explained latches to us.

Speaker 6 (02:10:52):
Yeah, i's if you're watching somebody do work and thinking
that you might benefit from it, to knowing that you
haven't the contract agree to it, but you're pretty happy
to see this work happening. You can't then later say
I didn't and I didn't you know, Yeah, I never
agreed to pay for it, so I'm not paying for it.

Speaker 2 (02:11:09):
Now. Would quantum marrow it come into it as well?
Which is which is quantum marrow? It means you got
a quality, you got a value. Okay, now here's the thing, Charles,
listen carefully what that means is this. Let's say that
a roofer was supposed to do your neighbor's house and
got the address mixed up and came to your house

(02:11:32):
and you thought to yourself, hmm, they're doing my roof
and you just watched them. That would be latches. So
it's almost latches in this case where the guy talked
to you, the guy you know delivered materials, the guy
did the roof, and you didn't stop them, and and
and what do you let it go?

Speaker 16 (02:11:53):
But the thing is I wasn't there to stop them.
I was at work.

Speaker 2 (02:11:57):
I show you your wife. Your wife was there, Okay.
You said it took two days? Were you at were
you at work for two Were you absent from your
house in two days?

Speaker 16 (02:12:08):
I'm an over to road truck driver.

Speaker 2 (02:12:10):
Okay? Okay? Were you absent the entire time your roof
was being replaced?

Speaker 7 (02:12:17):
I'm just asking that, not the whole time?

Speaker 16 (02:12:20):
No, I was there the last day, okay.

Speaker 2 (02:12:23):
And when he talked to you about materials, you said,
when the materials were delivered, you thought you were stuck,
and you paid them eleven grand?

Speaker 8 (02:12:35):
Correct?

Speaker 2 (02:12:36):
The thing is he never well, he's okay, you paid
him before they started the roof, when the materials were delivered.

Speaker 16 (02:12:42):
No, no, I paid them after everything.

Speaker 2 (02:12:47):
Oh okay, so when it was all done, you paid
eleven grand.

Speaker 16 (02:12:51):
No a week after that? Yeah, basically, yeah.

Speaker 2 (02:12:54):
That's okay. So we're really you're doing the right thing
in paying him. The question is how much do you
pay him? And as I told you, what the insurance
here's his problem, Dan, help me on this. His problem
is the roofers problem is he doesn't get paid just

(02:13:14):
anything he wants either. At the same time, there has
to be a fair price. I mean, in other words,
what if the roofer says you owe me fifty grand?
I mean, what if the roofer says you owe me
one hundred and fifty grand? I mean, you just can't
do work and get so there has to be this
fair value. And it can't just be what the insurance
settlement is, because that doesn't always dictate what the roof is.

(02:13:38):
Does your insurance settlement break out the roof and break out.

Speaker 7 (02:13:43):
The personal property? Yes it does, Okay, then.

Speaker 2 (02:13:48):
Tell me how much of the actual insurance settlement is
dedicated to the roof.

Speaker 16 (02:13:56):
I wish I had the thing in front of me,
just roughly, just roughly about twelve.

Speaker 2 (02:14:02):
Okay, so you're willing to pay him the section of
the insurance settlement dedicated to the roof. Correct.

Speaker 16 (02:14:11):
But my thing is, I don't know how much the
materials actually cost because the difference is there's been contractors
that go and buy substantial material so they could save
money and keep that.

Speaker 2 (02:14:24):
Wait wait, wait, wait, you're saying substandard not substantial, substandard material.

Speaker 16 (02:14:29):
I mean, I mean, like we wanted high end shingles
and they'll go and buy a lower one, same color,
trying to pass off.

Speaker 2 (02:14:39):
Okay, it's way it's way too late for you to
make that argument. Now listen, you can do anything. You
can do anything you want. But I'm going to tell you,
and this is not legal advice. I'm just going to
tell you the practical stuff here. You will get a
lean on your house if you don't pay a fair
price for that roof. And the fair price could be
argued that it's what the insurance company speck doubt, and

(02:15:00):
I promise you the insurance company did not speck out
the best roof on the market, nor did they speck
out the worst roof on the market. So they specked
out whatever roof you had, and that's probably what you got. Now,
if you're suspecting he bought cheaper roof than what was
on there before. If that's what you're suspecting, you're going

(02:15:21):
to have to prove it. You're going to have to
get an expert out there to literally price the material
compared to the previous material. But then you have to
take into consideration today's prices for that material. I would
say it's too much brain damage over one thousand dollars.
If the roofing settlement is twelve grand and you already
paid them eleven, I would pay him the one thousand

(02:15:42):
dollars left and saying, look, bro, here's the insurance. Look
at it. This is what you're getting paid.

Speaker 16 (02:15:48):
Right. I understand that. But the roof that was on
there was supposed to be the same one that was
supposed to go back on. So I have no problem
with that.

Speaker 2 (02:15:56):
It's not exactly the same. It's supposed to be light quality.

Speaker 16 (02:16:01):
Correct, But I mean the brand that was on there
and the brand that was supposed to be going back on,
what's the exact same. I have no problem with that.
My problem is I don't have an itemized receipt or you.

Speaker 2 (02:16:13):
Don't have to. You don't have to. He doesn't. He
doesn't owe you enough. He doesn't owe you an itemized receipt.
You didn't demand one.

Speaker 16 (02:16:21):
I never signed anything. And usually when you sign something
with a contractor, it's gonna.

Speaker 2 (02:16:25):
Say that goes both ways, that weakness, That weakness goes
both ways. You didn't sign anything, and you let them go,
and you paid them, you gave approval. And I'm gonna
tell you you're gonna lose this when Charles, you're gonna
get a lean on your house. It's what are you
trying to save? One thousand dollars? Two thousand? What are
you trying to save here? What is your best case scenario?

(02:16:46):
What do you think you'll accomplish by putting up these roadblocks?
Just tell me what do you think you'll accomplish?

Speaker 16 (02:16:53):
What the insurance says? Well, to take the thing back.
They're saying because the insurance don't pay everything out, Yes
they do. Oh, there's not everything at once.

Speaker 2 (02:17:06):
We gotta take a break. We'll be right back