KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** How husband and wife execute contract when one not is available December 26, 2025 **************************** How husband and wife execute contract when one not is available **************************** Ken We are in Florida and had a customer sign a Kirschenbaum Contract for fire alarm monitoring in a residence. It turns out that the person (husband) is not on the deed to the house only the wife. The wife was clear about this when we were trying to collect payment for the remainder of the install and claimed that the contract wouldn't hold up because she didn't sign it. I finally got the payment but now she refuses to sign the agreement herself and says it's "good" because her husband signed it (lol) . I'm in the process of canceling the account. Two questions: 1. In Florida Is the contract valid and enforceable if the only the one spouse signs if they are both on the deed; 2. In Florida Is the contract still valid and enforceable if a spouse that's not on the deed signs it. anon ****************************** Response ****************************** Two questions: 1. In Florida is the contract valid and enforceable if only the one spouse signs if they are both on the deed 2. In Florida Is the contract still valid and enforceable if a spouse that's not on the deed signs it. You asked the wrong question and you will see why. The K&K contract is enforceable, but only against the person who signed it. That person need not own the house to contract for an alarm system and service. If only the husband signed then he is the one you must look to, and you don't have to recognize the wife as a subscriber; you should take no direction from her. You don't need to cancel if you have a contract signed by the husband. What you do need to do is join the Concierge Program and get timely guidance as needed. https://www.kirschenbaumesq.com/page/concierge It's preferable to get the end user to sign the contract. When you know there is a husband and wife then both husband and wife should sign the contract. The reason for this is more apparent when you think of a potential claim; who will make a claim against you if there is a successful burglary or fire at the residence? Here you indicate that service was a fire alarm. Consider a fire with property damage and a clear mistake in installation, service or monitoring. The wife who owns the house makes a claim, or more likely, turns to her homeowner's policy, collects and the carrier sues under its subrogation rights. Your defense rests on the Kirschenbaum Contract, though all admit that she never signed it. You've got the uphill battle to enforce that contract. First, you can start by seeking indemnity against the husband. I can almost guarantee you that if your E&O carrier engages defense counsel [other than K&K] they won't think of that [or won't do it if you do tell them to]. Next you want to claim that the husband signed on behalf of both husband and wife. Well, how is that contract subscriber named [is it H&W] and how is it executed [by H&W - not the case here, or by H on his behalf and H on behalf of his W - that means the H would have to sign twice]. Next you have to look at the theory of liability and causes of actions in the Complaint. If the claim relies on the contract then you will be able to rely on the protective provisions in the contract, but the lawyers suing you, if they know what they are doing [and good chance they don't] will steer clear of the contract or relying on it. Better practice would be to get both H&W to sign the contract. If not possible then be sure the contract names both H&W as subscribers and have the one signing sign on behalf of both, two signatures. When signing for the spouse the contract would read by the signature line that "undersigned is authorized to sign on behalf of W". Under the signature line would state, 'as authorized agent for W." By the way, collecting is another matter. Pursuing a claim will be treated differently by the courts. By using the updated Kirschenbaum Contract TM you do have the option of choosing arbitration, which you will find easier than starting with a court proceeding. Using a K&K Contract gives you the added advantage that K&K Collection Department will support your collection [or defense] matter. A new year is almost here and it's about time you got with the K&K program. Start with the Concierge Program [and be sure to use it], then get updated 2026Kirschenbaum Contracts TM and finally, use the professional services provided by K&K to this industry and others. *************************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
