Is the buyer entitled to a copy of the contract? When do you have to provide it and does it have to be the original? How do you know what your obligation as seller is with respect to execution and delivery of the contract?

 

*****************

It makes sense that you are required to give the buyer a copy of the signed contract. In fact, the same statutes that provide for the 3 day cancellation notice, or right to cancel, provide for the delivery of the fully executed contract. You should read the cancellation notice requirements for your state - it will be found on my web site in the Alarm Law Issues page. Typically, here is what you will likely find: Your contract must be in the same language as your sales pitch. You may be required to explain the contract terms and particularly the 3 day right to cancel. Check your state statute for this requirement. If the statute only requires that you explain the cancellation right then you should limit your contract terms explanation to that provision. When asked to explain the contract terms you would be better off merely suggesting that the subscriber read the terms, or consult with a lawyer or someone else. You may read the contract term to the subscriber and explain that it means just what it states. Be sure you use the Disclaimer Notice, especially if you tend to discuss or explain the contract terms. The DIsclaimer Notice will come in handy when the subscriber later accuses you of failing to explain the system or service limitations. You are required to provide a copy of the contract in its fully executed form. The 3 days right to cancel will not begin until you have provided the copy of the contract.

 

******************

 

You can keep the original contract. Your subscriber/buyer gets the carbon copy. Though you can send it later, it would be a better practice to provide it when signed. If you sign the subscriber up through the mail then mail back your signed copy promptly. The cancellation notice statutes generally apply to any home/consumer sale or service. Some exclude the transaction if it takes place entirely in your office and not at the subscriber's home, but most of you in the alarm business will be visiting the subscriber's premises and the cancellation notice and other statutory requirements are likely to apply to your transaction.