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-   -   Monitoring Contract Void? (https://www.askmehelpdesk.com/showthread.php?t=478430)

  • Jun 10, 2010, 04:40 PM
    jbjr37
    Monitoring Contract Void?
    IN CALIFORNIA:
    I recently sold a home that we had a security monitoring contract with. It had an automatic renewal every two years. We are being hounded by the security company to pay for the remaining term.

    I have two thoughts.
    1. The security company reset the alarm system and has given the new residents another code. This should have voided our contract right? They claim no.

    2. The wording of the contract is not 'clear or conspicuous' as required by California law. According to the law, we must initial at the 'automatic renewal' section or it must be in a different font or similar.

    How can I get them off my butt?
  • Jun 10, 2010, 06:28 PM
    AK lawyer
    When did it renew?
  • Jun 10, 2010, 06:30 PM
    Fr_Chuck

    Did you notify them in writing that the home was being sold.

    Did the new owners use that service with the existing system?
  • Jun 10, 2010, 06:34 PM
    jbjr37
    The contract had auto-renewed 4 times for two years each. The last in April 2009.

    We did notify them 30 days prior to selling the house.

    The owners are 'trying out' the service and haven't decided yet. I believe that by reprogramming the security system for the new owners, they have already voided our contract.
  • Jun 10, 2010, 07:10 PM
    AK lawyer
    1. The security company reset the alarm system and has given the new residents another code. This should have voided our contract right?

    Doubtful. One reasonable interpretation of these facts is that you sold the house along with the remaining portion of your current term of the contract. Under these circumstances it only makes sense that they would service the system at the instruction of the current owners.

    What is the alternative? The current owners cannot use their house if they cannot disarm the security system.


    2. The wording of the contract is not 'clear or conspicuous' as required by California law. According to the law, we must initial at the 'automatic renewal' section or it must be in a different font or similar.

    This argument sort of fails in light of the fact that you let it renew three previous times without objection.
  • Jun 11, 2010, 06:45 AM
    excon
    Quote:

    Originally Posted by jbjr37 View Post
    How can I get them off of my butt?

    Hello j:

    Pay the bill and then bill the buyers. They've been getting FREE security monitoring so far, and maybe they'll be happy to pay for it... But, if it was me, I'd offer to split it with them.

    excon

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