May 10, 2011

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Question
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Hi Ken
I've got a quick question to ask. This has come up a few times recently. If at the conclusion of a sales appointment the prospect is not ready to make a decision but wants us to leave a blank contract with him to review, what do you recommend? Our practice has been to not leave blank contracts behind. Part of the reason is we wouldn't want our competitor getting it and taking advantage of some of the terms and conditions we've paid you to formulate for us. But maybe we're being too cautious. What do you think?
Kind regards,
Lenny Bianchi
5 Star Security
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Answer
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There is no requirement that you leave a blank contract with the subscriber, and I agree with you that it's must likely counterproductive. A subscriber that is that cautious about signing a contract is more likely to dissect it, and in the case of a security contract, not agree to its terms. Of course it is not unreasonable for a subscriber to tell you that he wants to review the contract and consider it before signing it, but that would not be a blank contract that you leave for review. The subscriber should be considering the terms of his deal, including equipment, services and pricing, and not just the pre printed legal terms. In fact I think an appropriate response from you would be that you would be willing to complete the contract terms for your deal and deliver the contract to the subscriber's lawyer for review. It's a tough call, but this gets very close to a subscriber that is better left to your competitor.
On another note, be sure that your contract is fully prepared when leaving it with a subscriber for signature. Nothing should be added or altered after the contract is signed. Most states have consumer laws that require you to have posted prominently in the contract that the contract must be completed with all terms before signing, and warning the subscriber not to sign an incomplete contract. A fully executed contract is also supposed to be left with the subscriber at the time of sale.

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