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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? |
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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. |
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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. |
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Originally Posted by jbjr37
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