December 8, 2010

 

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Question:

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Ken,

    Is there is a maximum number of year term that a residential customer can sign a contact for?

    Is there such thing as a 10 year residential term?    What is the maximum allowed?

Regards,

Rich Whitlock

General Manager

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Answer:

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    Unless there is a statute in your jurisdiction restricting the term of a consumer contract your contract can have any term that makes sense.  By that I mean it should not be so unreasonable as to be unconscionable - i.e., crazy.

    Here are a few email articles on my web site that deals with the subject:

    http://www.kirschenbaumesq.com/earticle19.htm [commercial]

    http://www.kirschenbaumesq.com/earticle53.htm

    http://www.kirschenbaumesq.com/earticle197.htm

    http://www.kirschenbaumesq.com/earticle532.htm

 

    California alarm companies often raise this question because I believe ADT has agreed with the state attorney general to limit its residential term.  That does not affect other alarm companies.  I am not aware of any law in CA that restricts residential term.

    Keep in mind that there are automatic renewal statutes that limit renewal terms  or impose  notice requirements.  Here is a list of those states [if I left any out please let me know]

    http://www.kirschenbaumesq.com/autorenewal.htm