Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Readers who enjoy classic American films will recognize the headline of this article as a line from “The Treasure of the Sierra Madre” (1948), starring Humphrey Bogart. A similar remark was used in “Blazing Saddles,” the 1974 Mel Brooks comedy.

When we hear the word “badge,” what usually comes to mind is a police officer, firefighter, or even a merit badge awarded to Boy Scouts or Girl Scouts to signify certain accomplishments. (Boy Scouts of America is rebranding to Scouting America in 2025.)

A badge signifies that the person wearing it is a legitimate organization or company employee.

So what are the possible consequences and risks to employees (and their employers) who should have been provided with a badge or other form of identification but were not?

Easements

A frequent surprise to first-time real property buyers is the discovery of one or more easements on their land allowing a utility or communications company — cable, internet, or phone — to access, inspect, and perform work on its equipment.

Most utilities have employees who perform these tasks, some hire contractors, and this is where problems can arise.

‘I need to get into your backyard’

Recently, several homeowners came face-to-face with a major utility’s “contractors,” who were hired to inspect the company’s easements in their neighborhood.

Eighty-five-year-old “Sarah” related this exchange with “George”, a polite but embarrassed young man who wanted to examine an easement in our backyard.

Looking at him through my peephole, I could see that he was not wearing a company uniform, had no identification badge, no business cards, and nothing visible to prove his legitimacy. I told him, “‘For all I know, this could be an attempted home invasion. Do you have anything that proves who you are working for and the need to get into our backyard?’”

George produced a one-page sheet from his employer I’ve seen that stated, “I work for (employer), who is an approved contractor for (your utility).” The document explains why George needs access to Sarah’s property. There is a place for the name of a field engineer and a phone number, but that area is blank.

Sarah learned that George is a college student and is part of a crew traveling from city to city, inspecting easements.

“How long have you been working for them?” she asked.

“Three months, and even though I’ve repeatedly asked, they have not provided any form of proper ID, which is creating problems for all of us on the crew.”

My reader then phoned the company, but not wanting to get George in trouble, refused to identify him when the receptionist asked, “Are you having problems with our employee?”

“No, you are the problem!” Sarah replied. “How dare you send your employees without sufficient identification into situations that can be dangerous to them and potentially frighten homeowners?”

Also, I phoned the employer and spoke with a supervisor, who insisted that all of their people had proper ID. I knew that was a lie but, while pressed, did not reveal the employee’s name or precise location. My phone did not reveal my location either.

Proper identification is the standard of care

From police departments to school districts, badges or other forms of visible identification are obligatory in thousands of occupations. In several states, failing to produce identification can result in fines against the employer. In some professions, such as health care, failing to wear a name tag can be considered unprofessional conduct.

For example, according to the Arkansas State Board of Nursing, “Failure to display appropriate insignia to identify the nurse when providing health care to the public is grounds for disciplinary action.”

Liability of employer for injury to employees

Employers have both a moral and legal duty to protect their employees and prevent foreseeable harm while on the job. Making safety a priority isn’t just the right thing to do; it is legally required, and a breach of that duty can result in significant costs in the form of workers’ compensation claims, in addition to a serious and willful charge that can cost an employer thousands of dollars that won’t be covered by insurance.

In my conversation with George’s supervisor, I asked him if his company had thought of the liability it faces by putting these college kids into potentially dangerous situations where someone could get shot.

Or, what if a homeowner suffered a heart attack out of fear? “Did you folks even think of these possibilities?”

“Yes, we have,” he said.

Really?

If you fill out certain surveys online or use a particular retirement calculator, you might get a phone call or even be paid an unsolicited visit by a rep wanting to set up a sales appointment.

Any legitimate solicitor should be able to show you a proper ID that also clearly identifies the company they work for.

Years ago, Nancy Reagan, one of our nation’s most appreciated First Ladies, told our kids to “just say no” if they were offered drugs. Her advice still applies to 85-year-old “kids” who can’t see a badge or adequate ID on someone who wants you to open the door. Just say no.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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June 29, 2026  • By Dennis Beaver

We’ve all seen and heard ads for assisted living facilities in newspapers and online and on the radio and television.

But until a family member has a stroke or some other physical or cognitive impairment, most of us don’t know very much about how assisted living, senior living or memory care facilities work. Or, to be specific, how they are supposed to work and what red flags look like.

I sure didn’t either, until “Julie,” a close family friend, became the victim of medical malpractice. Following a “simple” operation, the 62-year-old retired teacher’s electrolyte chemistry wasn’t properly monitored, resulting in dangerously low blood calcium levels that triggered muscle spasms, convulsions, seizures, a coma and brain damage.

She now can’t walk or use the bathroom without assistance, needs someone to help her eat and has significant cognitive impairment. For the past three years, she has been living in a studio room at an assisted living facility that is part of a nationwide operation.

The facility claims to provide, among other things, 24-hour care and support, food prepared by a chef, an on-site restaurant where families are welcome to dine as well and much more.

These amenities are common in the industry. But in Julie’s case, the reality appears far different. Each time we visit, we see a care facility for older people and the infirm racing downhill while monthly charges are increasing.

How cost-cutting harms residents

“It is more than a reduction in the services for people like Julie, who is effectively bedridden. They are putting residents’ lives at risk,” said “Suzanne,” who works at Julie’s facility. With my assurance that she could speak freely and confidentially, she described what happens when profits and cost-cutting come first.

I learned from Suzanne that what is happening here is not a rarity in this business and that red flags are everywhere — if you know where to look and ask questions.

‘They stopped caring’

“I have been in this field for over 25 years, and this is the third assisted living facility I’ve worked at, some from opening day,” Suzanne said. “Most start out in full compliance with all the promises listed in their contract and then gradually limit services.

“When Julie first came here, things were top-notch. But over the past year, the lack of contractually promised care has fallen dangerously.”

Suzanne told me about:

• Residents who push the emergency call button they wear around their necks and wait over an hour for someone to respond: “Some have fallen, can’t get up, and it is so sad to see this.”

• A failure to conduct frequent, daily checks on patients: “Recently, one gentleman had been dead in his bed for hours.”

• While contracts and brochures described chef-prepared meals, some meals were actually cooked by a handyman. The menu, which offered a variety of meals catering to all sorts of residents, has been slashed by over half, and people are upset. Portion size has been reduced because of cost-cutting, leaving many residents hungry.

• Most of the servers have been fired from the restaurant where families could have meals with residents. People are told to immediately leave the premises after eating, and tips left on the table are being taken by managers.

• Managers routinely take cash donations from families that are intended for holiday and other staff parties. One spouse became furious when they asked a staff member, “So how was the party we all paid for?” and heard, “What party?”

Before you sign a contract

When an assisted living facility’s sales department gives you the opportunity to visit, make sure you look closely at three primary areas:

• Residents’ well-being
• Staff interactions
• Cleanliness

Red flags include:

• High staff turnover
• Residents who appear unkempt
• Management who will not give you a straight answer

After speaking with Suzanne and seeing the situation for ourselves, it’s clear you should also try to make unannounced visits by yourself and with other family members, at different times of the day, observing how staff interact with residents.

Speak with residents and their families if possible. Ask them what they like — and what they dislike.

There is a massive amount of highly useful information available online. You should print out the AARP Assisted Living Checklist and go through it with the sales staff at every facility you visit.

Each time we visit Julie, many of the other residents of the facility seem to be longing for human contact. Yes, science and medicine keep them all alive. But are they?

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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January 26, 2026  • By Dennis Beaver

Talk about putting useful information to work — our January 13 article, Billed 12 Hours for a Few Seconds of Work: How AI Is Helping Law Firms Overcharge Clients, riled up several readers.

The article notes that some law firms are using AI to produce — in seconds — documents that would normally take hours to draft. Yet, they’re billing for those hours as if the work had been done the old way.

This lit a spark under many who read the story and had “are you kidding me?” discussions with their lawyers.

Don’t be afraid to bring it up

Beyond saying, “I think you owe me a refund,” many readers reported that they went a step further. Not wanting to be dismissed with, “That’s our bill — pay it,” they researched their state’s bar regulations on charging for work that was actually performed — the time that was, in fact, spent on the task.

“Ben,” in Cleveland, wrote, “I found a shopping list of violations that could jeopardize her license to practice law. I don’t want to be accused of extortion or blackmail. I want to say, ‘AI was used, yet I was billed as if you had done the work yourself. I expect a refund for the unearned hours. You know the consequences if I file a complaint with the bar.’

“What if she replies, ‘Don’t threaten to complain to the bar, because that is blackmail, and you’ll find yourself in trouble.”

Ben absolutely can say that. Filing a complaint with his state’s bar would not be extortion, as there is a legitimate reason. I suggested this direct, yet more diplomatic, approach:

As AI was used to generate the material, all I am asking is for a refund of what I was overcharged and nothing more. I am prepared to file that complaint, but that is not what I want to do.

Lawyers comment on 2,000-hour billing requirement

Our story also cited the destructive, inhumane, fraud-creating requirement for attorneys to bill 2,000-plus hours yearly to keep their job, which translates into expecting high-quality legal work to be produced 12 hours a day.

“Utterly impossible,” according to Dr. Luis Vega, professor of Psychology at California State University, Bakersfield. “This completely unreasonable and unachievable hour total finds decent people caught in a web of corporate greed.

“While there is individual variation, on average, four hours of intense focus is typically the most one can expect per day. It is called the Four-Hour Rule of Productivity.”

The responses to this issue, from attorneys in the U.S. and Canada, were touching.

From midsize to Big Law firms, lawyers phoned my office after 3 p.m. Pacific Time, which made it 6 p.m. on the East Coast, when most support staff had left for the day. (I ran phone numbers through a reverse look-up service to verify their origin, often seeing a photo and description on their firm’s web page.)

I listened as young lawyers poured out their hearts to me, some who had read this column throughout law school.

YouTube helps some lawyers cheat

I spoke with “Claudia,” “Rex” and “Tim” in New York, who teamed up on speakerphone. Claudia said, “When you used the term ‘sweatshop,’ that describes our job environment perfectly.”

Rex added, “This place is just plain toxic. When we were in law school and attended the firm’s summer camp, it was all fun, but no one ever told us that, when hired, we would become slaves to the billable hour.”

Claudia chimed back in with, “You can’t fulfill a 2,000-hour yearly billing goal honestly. It is impossible. But YouTube billing tutorials by other lawyers showed us how to bill creatively — in other words, commit billing fraud!”

She directed me to a YouTube video where an attorney suggested billing whatever time is spent thinking about a client’s case — while taking a shower, driving to work, even sleeping.

“So,” Claudia continued, “when you wrote that the pressure and insane time demands destroy families and lead to divorce, burnout, depression and substance abuse, you have described most lawyers here — some are on their second marriage, at least.”

Tim observed, “Many attorneys who have been here for several years virtually have ‘I hate this place’ stamped on their foreheads. I do not know a single colleague who can claim being happy to come to work, despite the money.”

He added, “Not in our pre-law university classes nor law school was any of this reality ever discussed. I am looking for a job with the county or city because I do not want to become a statistic. I want a normal life, dinner with my family, taking our kids out for a trip to the park. I want to be a real husband and father, not someone who is married to the firm!”

A promise of change

One Kansas City, Kansas, law firm was different, though.

“Mr. Beaver,” “Monique” said, “your column is very popular here and is frequently discussed in office meetings. So when your AI story ran, there was quite a buzz!

“One of the partners called for a meeting and said, ‘We should send Mr. Beaver a box of Kansas City steaks. His AI story brought out into the open something we have all been aware of and, I’m sure, bothered by.

“‘Just so everyone knows, management gets it. We have been exploring old-fashioned ways to bill for services, just like Beaver referenced in his article. Please give us some time. Please trust us to make things better.'”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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When 21-year-old Jordan George of Eureka first saw the picture of “this Italian beauty” online, he knew, “She was the one, and only 9 hours away, in Fresno. It was love at first sight!”

Jordan imagined a future together, proudly showing her off to his friends, and together driving through one of California’s most beautiful regions.

And then one morning he could not awaken his love, and would soon be informed that her “dad,” Jasdeep Singh of Fresno, had neglected her terribly, not changing oil or performing other vital maintenance on the 2014 Maserati Ghibli he sold to this naive and trusting 21 year-old for $23,000.

As George still lives at home, his mom emailed me. A story of deceit became instantly clear. I have texts sent by Singh to George which are one of clearest examples of a seller misleading a buyer that I’ve ever seen. These texts reveal how Singh created an atmosphere of trust that George relied on.

‘Everything is perfect’

During their negotiations in the summer of 2020, Singh sent this text to George: “Everything is perfect. You don’t need to do anything.”

“A statement like that could constitute fraud or an express warranty if George had significant issues with the car shortly after taking possession, It would be good evidence the seller knew things were far from perfect at the time he made those statements,”  Loyola Law Professor Brian Hull says, adding:

“The seller would be liable to pay for repairs or refund the buyer’s money.”

Within weeks of taking possession of the vehicle, George was quoted repair charges of more than $15,000, from Maserati of Marin, based on a laundry list of failures by the seller to properly maintain the vehicle.

But Singh dug a much deeper hole for himself, as you will see.

‘Has the car passed smog?’

In California, and a few other states, the seller has the legal obligation of providing a smog certificate. There are some exceptions, none of which apply here. Also, if a car does not pass smog requirements, the buyer can’t register it.

On June 28, 2020 at 1:45 p.m., George texted Singh, “Has the car passed smog?”

Singh replies, “Yes, everything done. Registration update smog done.”

After the sale was completed, Singh promised to send George the smog certificate and then admitted that he never had one, claiming it wasn’t necessary. That was false.

“If an exception does not apply and a vehicle is sold without a valid smog certificate, then the sale is illegal, void, unenforceable, subject to rescission and a refund of the buyer’s money,” attorney William N. Blasser of Claremont observes.

“But if the seller falsely claims to have had the vehicle smogged, and the buyer relies on that representation, this is fraud and unless the deal is promptly unwound, punitive damages could be awarded in a trial.”

I would add, given the loss of $23,000, criminal prosecution could not be ruled out.

‘Tough!’

When George discovered what had happened, he offered to return the car for a refund, only to be told, in so many words, “Tough! You bought a used car.”

This led his mom, Amy, to retain Eureka attorney, Bill Bertain who sent Singh a letter asking that this sale be rescinded and the money returned to George.

And this is where the case gets even more interesting, adding one more reason the reputation of lawyers in America is so low.

Singh retained Attorney Jason Crockford of Madera who replied in a letter which effectively said, “Pound sand. The answer is no. Your client could have had the car examined by a mechanic but did not, and I strenuously deny Jasdeep breached his duty to provide a smog certificate.”

Of course, not having the car examined by a mechanic is irrelevant to the smog certificate requirements of California law.

I spoke with Crockford and heard him gasp when informed of the smog texts. To his credit, he no longer represents Singh.

After that rejection, Bertain filed suit and Singh went on to hire Fresno attorney Jaskaran Gill.

What should happen?

As basic fairness requires giving all parties a chance to explain themselves, I repeatedly requested an interview with Gill’s client and was refused.

Lawyers want to believe their clients. But exposed to the light of objectivity, when it becomes clear a client has not been truthful and there is no merit to their position, to continue unjustified, expensive litigation exposes both the attorney and client to court-imposed, costly penalties.

Our job should be to help resolve disputes, not drag them out. No lawyer should ever forget that.

Stay tuned.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Dennis, I am a workers compensation attorney in Louisville, Kentucky and have a likeable, outgoing client who’s work injury requires that finding a different occupation. His grandmother suggested that he look into becoming a Kirby vacuum salesman which is sold door-to-door. I found two very positive articles you wrote about the Kirby Company and would appreciate your opinion.

“What are the pros and cons of becoming a ‘Door to Door’ salesperson? Thanks, “Charlie.”

Direct Selling Offers Unique Opportunities

Charlie is correct. I have a great deal of respect for the Kirby Company. Not only do they make an excellent vacuum cleaner–which they refer to as a home cleaning system that has the best warranties in the business–but they are an ethical company. They believe in protecting the consumer, as I discovered many years ago as a Deputy District Attorney in charge of Consumer Protection in the Kern County D.A.’s Office.

Over the years I have met many Kirby distributors who started out selling Kirbys door-to-door, and as Joseph Mariano, President of Washington D.C. based Direct Selling Association (DSA) recently told me:

“The people who are in direct, person-to-person, sales today–Kirby and the Fuller Brush Man which come to mind almost immediately–have a rich, colorful American history behind them. Yankee peddlers–traveling salesmen–were the original entrepreneurs, a common sight throughout America until the late 1800’s. They would go from town to town with carriages filled with everything they had to sell, all sorts of goods, bringing a needed touch of civilization to an expanding country.”

Marino confirmed what I so admired–something which just stood out in a truly admirable way–about these Kirby salespeople who had success written all over their faces. “Success in direct marketing requires:

–Being entrepreneurial-minded;

–You must love to work independently by;

–Establishing a business with low start-up and overhead costs, and;

–Affiliating yourself with a company that markets its products through direct sellers who in turn retain the freedom to run a business on their own terms.”

And who are some of the companies that sell their products this way? Mariano listed a few of the 150 members in the DSA–some of whom I had heard of, while others I had not:

Mary Kay

Avon

The Pampered Chef

Amway

Traveling Vineyard

Tupperware

Shaklee

Jafra Cosmetics

What it Takes to Succeed

Mariano points out that direct selling consultants, “forge strong personal relationships with their customers,” but is quick to stress, “There is nothing easy and if you are looking for a quick buck, you will fail.”

He made it clear that success in direct sales, “Requires putting in the time, the effort and developing the skills to run a business. There is a great variety of people who have been successful, many who initially thought, ‘I can’t be good at selling.’

“Often what gets someone into direct sales is that they or a family member owned a Kirby vacuum cleaner, took Shaklee vitamins, went to a home party for Mary Kay and through that exposure thought, ‘Maybe I can do this. I really love this product–and especially the people selling it–and I can see myself telling others about it.”

He provided a by-the-numbers list of qualities which a successful direct seller needs:

(1) A willingness to share the benefits of the product. You want your friends and family to know about your positive experience.

(2) Selling is not always going to be easy. The old saying, “If at first you don’t succeed, try, try again,” applies. By developing exceptional product knowledge and a true love of the product, those feelings will become contagious and will help you to succeed.

(3) Remember that you are a guest in someone’s home and have a legal and ethical obligation. Be truthful. Our member companies agree to follow a strict code of ethics, but there are others out there who do not.

(4) You need a thick skin – selling is not easy. Some people will just not be interested but could very well refer you to someone who is when you are polite and thank them for their time.

(5) When looking for a direct selling opportunity, run the other direction if you are told that you do not have to work a lot and can make money easily. Do not consider any offer that requires you to put a lot of money up front, or purchase large amounts of inventory.

(6) If compensation is promised on merely recruiting other people rather than selling, forget it!
For anyone interested in this field, www.dsa.com is the place to begin – and for regular consumers wanting to learn more about their rights when buying from a door-to-door salesperson.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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In early September, I began hearing from readers all across the country who had the same question: “Should I drop my current policy with Farmers Insurance and go with some other company?”

This was the first time in decades that so many people had the same question about one insurance company. The last time was in the early 1990s, in reference to Executive Life Insurance Company in California and New York. They were among the largest failures of life insurance companies in U.S. history.

Prior to their crashes, I wrote a column about them, and to anyone who asked, my advice was to run.

But these recent calls were different, and of course, I wanted to know why. There had to be a common denominator. Now, you might think that it had something to do with the way Farmers’ claims adjusters were handling claims, but it wasn’t.

Every person who called had been the victim of identity theft resulting from a massive data breach that was not caused by Farmers. So, why was Farmers getting such negative attention? And why now?

“Julie” in Greenville, North Carolina, sent me the answer, an innocuous-sounding “Notice of Security Incident” from Farmers about the data breach.

Not so fast, fair and friendly

To paraphrase the notice (you can read it in full here): On May 30, 2025, one of our vendors informed us about suspicious activity of an unauthorized actor who accessed our databases that contained customer information. We conducted a review to determine what personal information had been obtained.

But it wasn’t just the data breach that was so upsetting. Farmers, whose motto is “Fast, Fair and Friendly,” waited almost three months — until the very end of August — to tell their policyholders about the May breach (which involved its third-party vendor Salesforce).

Typically, insurance companies will notify policyholders within 30 to 60 days of a data breach, depending on state and federal laws. California and New York require notification within 30 days.

Farmers would most likely drop you like a ton of bricks within a month of you missing a premium payment, and yet, it took almost three months for it to notify its customers of the data breach.

Adding insult to injury, the first sentence in its security notice begins with these galling words: “Out of an abundance of caution, we are broadly providing notice of a security incident that may have involved personal information of certain individuals.”

“Out of an abundance of caution…”? Three months after the breach was discovered!

One policyholder — a claims adjuster, actually — was furious. He told me, on the condition of anonymity to avoid reprisals, “In my job, I deal with a lot of people who get very angry. If my personal information falls into the wrong hands, both I and my family are at risk.

“The way Farmers handled this data breach is concrete proof of an uncaring, callous attitude and gross negligence bordering on intentional. If one of our insureds had done something like this, I would deny them coverage, as this behavior was so outrageous and isn’t just an oversight.”

He was not alone in feeling that way.

Why a breach of this nature is so dangerous

If you’ve had to deal with identity theft resulting from a data breach — or the fear of becoming an identity theft victim — then you know all about anxiety and sleepless nights. We entrust insurance companies with highly sensitive personal information.

For those impacted by a data breach, the risks often include, but are not limited to:

• Identity theft used to commit financial fraud by obtaining fraudulent loans

• Phishing scams developed from stolen personal information

• Criminal activities such as stalking

What you can do if a data breach affects you

Several class-action lawsuits have already been filed, one by Los Angeles law firm Kabateck LLP. I spoke with managing partner Shant Karnikian, who advises anyone who has been notified that they were affected by the data breach to:

• Enroll in the complimentary identity and credit monitoring service offered by Farmers

• Remain vigilant and regularly review your credit reports and financial statements for signs of suspicious activity

• Be alert for phishing emails or texts that refer to Farmers

• Enable a fraud alert/security freeze with the major credit bureaus — Equifax, Experian and TransUnion — for an extra layer of security

• Keep an eye on your credit report for suspicious activity. You can get a free report weekly through AnnualCreditReport.com

Far-reaching effects of the breach

It is important to bear in mind that the effects of the data breach can extend far beyond the 1.1 million Farmers policyholders whose personal information was stolen.

Beneficiaries of life policies, auto policies with lenders listed as a covered party, homeowners policies listing financial institutions, commercial properties where landlords are listed as additional insureds and many more people connected to the customers affected could also be at risk.

Time will reveal the scope of the damage and just how much could have been prevented if Farmers had acted quickly to notify its policyholders that their personal information had been stolen.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post A ‘Fast, Fair and Friendly’ Fail: Farmers Irks Customers With Its Handling of a Data Breach appeared first on Dennis Beaver.

“Mr. Beaver, my parents — both in their 80s — have substantial lifetime pensions, no debt and a lot of money in savings accounts, so they do not need any additional income source. Recently, they attended a seminar aimed at older people, where a real estate broker talked up the advantages of becoming landlords.

“Brochures downplayed the age-related risks and made a big point of saying they wouldn’t need to hire a property manager and that tenants would be required by the lease to be responsible for all maintenance. As the landlord, all they would have to do was collect the rent.

“I know this is nonsense. Plus, regardless of age, my parents are not emotionally suited for the challenges of being landlords. I can picture them frozen with fear and inaction if something happened to the property that required immediate action, as I have seen a decline in their health and ability to deal with stress.

“I’ll bet there are a lot of older people who are getting the same pitch and could get themselves in legal hot water if they drink the Kool-Aid. My parents love your column, and I’m sure your advice would cause them to think this over seriously. Thanks, ‘Darren.'”

‘A loud cracking sound, and the house shook’

Darren’s fears about his parents becoming “frozen with inaction” was faced by two longtime readers, Cynthia and Mike, who phoned our office, upset with their landlord.

“Early this morning,” Cynthia said, “we were awoken by a loud cracking sound, and the house shook when a huge oak tree in our backyard came down on this house that we have been renting from Abe for over 10 years. He is in his mid-80s.

“We immediately notified him of what had happened, but instead of reacting like someone who was concerned, he emotionlessly said, ‘Well, I’ll see if I can reach my son in Alaska and ask him for help.’

“We replied, ‘No, you need to call your insurance company now and report this. We might need someplace to stay while the tree is removed and damage to the house, if any, is repaired.’

“It seemed that he did not understand the urgency. Abe has always been a thoughtful, caring, ‘hands-on’ landlord, but age and infirmity have impaired his ability to do everything himself, and he rejected our suggestion of hiring a property manager as ‘too expensive.’

“Can you help us?”

I phoned Abe, asked him for the phone numbers of his son and insurance agent and got them together on a conference call. The agent immediately took charge and saw to it that a claim was started with the carrier.

For some older adults, becoming a landlord is a bad idea

Over the decades that I have practiced law, anytime there was a significant landlord/tenant problem, often the owner’s age, a strong sense of moral right and wrong combined with a lack of knowing their legal obligations and a refusal to retain a property manager — costing about 10% of the monthly rent — became a toxic cocktail.

Sometimes it came down to real cognitive challenges, but just as often, an older property owner frustrated with tenants who were months behind on the rent refused to hire an attorney — “oh, that costs money!” I heard repeatedly.

They would resort to turning off the water or electricity and wind up being sued by their tenants.

I ran these issues by Jon Anthony Dolan of Los Angeles-based Dolan & Knight Property Management. He has been a friend of this column for years and is always a source of good, common-sense advice.

I asked Dolan, “In your experience, are there more risks for older adults in becoming landlords?”

“Yes, there are,” he replied. “Not just because of age itself, as many older adults are good landlords, but it is so important — especially for older people — to have objective help in evaluating the downside risk of acquiring rental property.”

He said they should consider:

• Their financial situation. Do they need to invest in a rental at their age?

• Their ability to handle the myriad day-to-day tasks involved, such as rent collection, maintenance and legal responsibilities.

• Their capacity to deal with difficult tenants. Sometimes behavior can border on elder abuse.

• Their cognitive impairment and health challenges can drive up the cost of rental ownership.

• Their physical limitations. While a young person might be able to handle minor repairs or maintenance, impaired balance and mobility issues can make it impossible for an older person to personally tackle the things that come up with any home.

Additional realities to consider
Dolan pointed out factors that, if overlooked, can prove costly:

• Liquidity. If unexpected financial needs arise, needing to sell quickly could mean a large loss.

• Decision-making. Even with a property manager, there are decisions that must be made. Do they have that cognitive ability?

• Time. Real estate is usually a long-term investment, so a person’s life expectancy can be a real issue.

Dolan concluded our interview with this cautionary remark: “The older we are, the more cautious we should be, especially with our money.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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We have all seen the modern version of county fair hawkers on the various home shopping channels.

Southern California resident Julia Ortiz was watching Shop HQ in March of this year and saw an item, “That seemed ideal for my 75 year-old husband who suffers from leukemia that greatly has affected his mobility.”

It was a $1,178 electric scooter from Tucson, Arizona, eWheels. “As it was being sold by Shop HQ, I felt confident in the product and eWheels,” Julia said.

Her trust in eWheels was badly misplaced, as it has an “F” rating from the Better Business Bureau, and horrible reviews on both Yelp and Amazon.

Fortunately she paid with her Citibank credit card which permits challenging any improper charge.

Damaged goods

“The Shop HQ operator told me, ‘The scooter will be custom delivered by two individuals who will unpack and assemble it.’ But it was delivered by one FedEx driver who pointed out a large hole in the box.

“I was afraid the scooter was damaged,” she told the FedEx employee, asked him to please send it back, but he refused, saying, “Why not open it? If it’s OK, fine, if not, call me and I will come right back later today to pick it up.”

Later that day, upon opening the box, Julia discovered significant damage to the scooter, including a broken seat. She called FedEx and was told that ShopHQ had to initiate the pick-up.

“So I phoned ShopHQ and the operator tells me, ‘There is nothing we can do unless you pay a $150 return fee!’

“What? This was crazy! It was shipped from eWheels, delivered broken and they expect me to pay to return it!!  Then I called you, Mr. Beaver.”

No help from Mr. Nasty

Requiring Julia to pay anything for the damaged scooter to be returned violates Federal Trade Commission (FTC) regulations, and the eWheels warranty which appears on ShopHQ’s webpage. It states: “Return shipping will be at the buyer’s expense unless the item is damaged or defective.”

It was clear that someone at ShopHQ was unaware or had misread the eWheels policy concerning damaged goods.

Now, you would think that, with ShopHQ selling their scooters, eWheels would want to know about Julia’s experience and help her, right?

Wrong.

With Julia on the line, I phoned eWheels and spoke with Operations Manager, Derrick. After our chat, Julia commented, “He could care less and is so nasty, so sarcastic! He just makes me mad! I worked in retail for years. You can’t treat customers that way!”

I have spoken with few people in his position as unpleasant as this guy. My guess is that he was the founding member of the “Black Eye of the Month” club in elementary school. I would not be surprised if his high school year book describes him as “Most likely to be murdered.”

He refused to pay shipping costs for return of the damaged scooter, instead, proposed sending her a replacement seat – not even knowing if it had sustained other damage.

Anyone considering an eWheels product absolutely must read Yelp and Better Business Bureau reviews.

Angel steps forward

Realizing there was no hope with eWheels, early in the evening of March 24th, I left a detailed voice mail for Cathy Bauer, Director of Customer Solutions at ShopHQ and asked her to look into Julia’s situation.

Talk about customer care — within the hour she called back, and this had to be around 9 PM Chicago time.

Cathy promised to immediately look into the matter, and do what was right for Julia.

Within 24 hours arrangements were made to pick up the scooter and ShopHQ issued a credit to her Citibank credit card account.

So, would she do business with ShopHQ in the future? “Yes, and I would get informed about warranties and return policies of before buying.”

Credit over debit

Especially during the past year, TV shopping has proven itself to be an essential service, with the better known channels having excellent Better Business Bureau ratings. That said, you’ve got to protect yourself when making a purchase, and that means, whenever possible, using a credit card that allows a charge to be contested whereas a debit card usually will not.

Cathy acknowledged, “Mistakes can happen and we try to correct them as soon as possible. Julia’s situation was the result of one of our people not being aware of the return policy for the scooter. We’ve been around for over 30 years, have an A+ BBB rating, and plan to be here 30 more.”

I’m sure they will.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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 appeared first on Dennis Beaver.

“Mr. Beaver, I was recently put in charge of sales for our plumbing supply company. While I have a great deal of product knowledge and have been in sales for decades, I am unsure of myself in this new role. Do you know of something out there that would help transform me from a sales guy to someone who can impact our growth, something like a business executives cookbook? Thanks, ‘Rob.’”

I do indeed, and cookbook is the best way to describe one of the best reads of any business book dedicated to sales that I’ve been asked to review.

Out this October … “The Growth Leader: Strategies to Drive the Top and Bottom Lines,” by Scott K. Edinger, reminds me of the Good Housekeeping Cookbook in its accessibility and practical approach to guiding sales executives toward attainable, positive outcomes.

Edinger bridges the gap between the needs of a business leader in the abstract, and the practical requirements of a sales staff out in the field. This is not a theoretical discussion of leadership concepts, instead, it is hands-on “here’s what to do and why,” which is free from much of the mumbo jumbo often found in “leadership” books.

I had a chance to sit down with Scott and look at what will negatively impact Rob’s plans to increase growth and profitability of his company.

What a Leader in Rob’s Situation Must Avoid

(1) Resist the urge to just push your sales team out to sell more.

Why? Merely increasing sales volume sacrifices the quality of the interaction between the sales team and your customers.

In a consultative or solution oriented business, more activity doesn’t always mean more sales or better results, as it does little to develop long-term relationships with your customer.

That cannot be over emphasized; your sales team is the voice of your board to the people who keep the lights on – your customers!

So, view and treat your sales team as an integral part of the organization, not just order-takers. While more sales activity can drive more transactional business, that is less valuable in the long-run.

(2) Don’t use compensation as the substitute for leadership.

Executives are fond of saying, “I’ve just got to make sure I compensate them right, and then they’ll do everything I need them to.”

However, compensation doesn’t make people better. As an executive, you need better selling interactions that help customers to see things differently, by helping them with expertise and insight your sales team can bring to the table.

You want customers who consider your people as problem solvers. Just rewarding sales alone does not encourage your employees to see themselves in that role.

Anybody who has sold something that has uniqueness or customization knows that experience of being with a customer and hearing, “Oh, wow, we can do that? You’ve got something that’ll do this? Interesting! I hadn’t thought about that. I came to you asking for an X you’re coming to me with X, Y and Z and it’s so much better because of what I need!”

As problem solvers, your people are able to propose products and services that may cost a little more, but which address the customer’s real needs. So, it becomes building a problem-solving relationship with a customer that will often lead to the sale of so much more.

(3) When recruiting, don’t hire Mr. /Ms. Popularity and be seduced by charisma, or personality. Believe that only men are great salespeople. Fail to show appreciation!

At one time, having a sales personality was about being friendly, gregarious and entertaining. Today, strategic problem-solvers are far more important to a sales organization than a person who is personable on the golf course.

Business people don’t rely on friendship or collegiality that much since the pandemic.

Instead, it’s about how they create value. Sales has become a strategic role. So, don’t hire based on personality or popularity. Instead, hire based on depth, on people who are well-educated, articulate, and above all else, are curious, interested in your product or service, and love dialog, discussion, and helping.

Importantly, we need to get away from the vision that selling is very male. In fact, of the top performers on my own teams, more than half were women. And why?

It’s empathy and understanding. Women tend to score higher for aptitude in this arena. It is what allows a seller to make a connection and able to understand the buyer’s needs and provide a better solution.

Edinger concluded our interview with a message for all people in a leadership role:

“Show appreciation and validate the great things all of your people do for the company, especially sales teams. They truly are the ones who keep the lights on.”

“The Growth Leader: Strategies to Drive the Top and Bottom Lines” is as enjoyable a read as was my chat with the author. It is the best business-sales cookbook you’ll ever find.

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