Does anyone know about a limit on how long an alarm service contract can be in California? Somebody told me 2 years is the maximum in Ca. and it cannot have an automatic renewal. I would appreciate any help.I think someone is trying to give me the shaft and telling me it has to be for 5 years. Thank you, Iven
it's 5 years only if you want their service.
If it ain't your signature, tell them to shove it. If the balance is under a couple of hundred bucks they probably won't waste time trying to collect... But, they may send you to collections anyway, find a cheap attorney to write you a letter.
| >it's 5 years only if you want their service. |
it would mean you signed a contract without reading it.
Is it your signature on the contract? I'm not asking whether you printed your name or not, I'm asking whether you signed it. If so, you're stuck with it.
You're saying they did not disclose the length of the contract, but you admit it says five years in the contract. If you signed something without reading it, that's too damned bad. Bet you won't make that mistake again.
You're a big boy now. Your alarm company has no obligation to hold your hand and verbally explain each term in the contract to you. Since you didn't read the length of the contract, you probably also didn't read the part about how the alarm company's liability is minimal in the event you get robbed and the alarm doesn't work. If you had gotten robbed, no doubt you'd be whining about how they didn't tell you they're not liable for your losses.
Read the contract before you sign it. If you don't understand it, hire a lawyer to explain it to you. Now, if you really need a magnifying glass to read the part where it says five years, maybe you have a point. But if a judge can read it, and you signed it, you're screwed.
- badenov
I am not a lawyer, and I don't think anyone here is. My guess is that they would not use an illegal contract. Its also my guess that a 5 year renewal is not illegal. You may do better in misc.legal than here.
Ah, now the important details start coming out. You need to discuss this with a lawyer.
You say you bought a business, and the details of that transaction may determine whether you are liable. If your purchase agreement was for the entire business (for example, if you bought shares of stock in the seller's corporation) you are probably on the hook for the contract, even though you never signed anything. On the other hand, if you only bought the assets of the business, and not the liabilities, then you can tell the alarm company to go pound sand.
- badenov
You're discussing an alarm company doing something misleading with a bunch of people who sell alarms. Some of these folks are honest and will offer you good advice. Others regard you (the customer) as prey.
Some of the people who post in this newsgroup provide useful information to end users.
In that case you're under no obligation to pay for monitoring. Tell them you didn't sign it and you refuse to pay. If they persist or threaten you will collection, contact your department of consumer protection. Also keep copies of all correspondence with them. Send copies, along with a formal complaint to the licensing agency.
If you bought a *business* and the previous owner signed you can be responsible for the contract. However, if you only purchased the assets of the business -- not the business name and so forth, you are not obligated. Also, most alarm contracts say that the alarm company can assign it's obligations under the contract but the end user cannot. Some courts have held that such provisions are too one-sided and have tossed them. Others have not.
That wouldn't matter anyway. Alarm contracts require a signature. A phone conversation wouldn't obligate you in any case.
And well you should. Tell them to produce a contract with your signature if they want to do business with you. While you're at it, check to make sure these people carry any required license. Many don't and will leave you alone if you start to make noise.
Best of luck.
no hostility just the facts, mam.
people who sell alarms. Some of these folks are
Is that really the way you see them as prey? I always thought so with your BBB record as proof.
or kicks and giggles
and some like Bass just want to sell parts and can't get a license or sell monitoring because they are not qualified to get licensing.
I bet you let your customers out of their contracts every day, NOT.
didn't sign it and you refuse to pay. If they persist
protection. Also keep copies of all correspondence with them.
don't forget to tell him about the BBB
there you go
responsible for the contract. However, if you only purchased
obligated. Also, most alarm contracts say that the
cannot. Some courts have held that such provisions
show me.
Others have not.
bingo
conversation wouldn't obligate you in any case.
live and learn
they want to do business with you. While you're at it,
will leave you alone if you start to make noise.
again with the licensing talk from an unlicensed hack
Check
What happened when you told them that you did not sign that contrnact that it was with someone else?
| >>What would that mean if you used an Alarm service that DID NOT DISCLOSE | >>anything about a 5 year contract and after you cancel service tell you you're | >[quoted text clipped - 4 lines] | >>small print it says 5 years. Someone also printed my name under the signature | >>that isnt my writing. | >
| >Is it your signature on the contract? I'm not asking whether you printed | >your name or not, I'm asking whether you signed it. If so, you're stuck | >with it. | >
| >You're saying they did not disclose the length of the contract, but you | >admit it says five years in the contract. If you signed something without | >reading it, that's too damned bad. Bet you won't make that mistake again. | >
| >You're a big boy now. Your alarm company has no obligation to hold your | >hand and verbally explain each term in the contract to you. Since you | >didn't read the length of the contract, you probably also didn't read the | >part about how the alarm company's liability is minimal in the event you | >get robbed and the alarm doesn't work. If you had gotten robbed, no doubt | >you'd be whining about how they didn't tell you they're not liable for your | >losses. | >
| >Read the contract before you sign it. If you don't understand it, hire a | >lawyer to explain it to you. Now, if you really need a magnifying glass to | >read the part where it says five years, maybe you have a point. But if a | >judge can read it, and you signed it, you're screwed. | >
| >- badenov |
Iven...
CA alarm laws do not discuss the permissable length of contract term, but they do regulate many other aspects of alarm company operations.
For instance, all CA burglar and fire alarm companies are required to be licensed, as a precondition of engaging in business or using the courts to enforce their subscriber contracts... but many companies get away without licenses...
See the recent thread "an inconvenient truth" for information on how one company got away with being unlicensed, and how the state alarm industry trade association circles the wagons to protect them.
Tell us the name of your alarm company... and the license numbers that appear on the purported contract, and I'll check with the license folks for you...
Nick
Iven wrote:
If you believe you're being ripped off, contact this (California Residents) State agency
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