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 ****************************** Proper name on contract / spouse dispute April 24, 2024 ************************ Proper name on contract ************************ Ken I was hoping you could help me with this; when I am filling out a contract for a building with a property management company, how do I list the Subscriber's Name. Normally the property has a name like ABC Crossing Building 3. Thank You, Jim P *************************** Response *************************** This is another common question, whose name goes on the contract? Some obvious choices are: * agent [managing agent or property manager] * address of premises * common name of the property, like Great Lake Mall * name of the customer, the end user. You should name the end user as the customer. Even if a property manager is singing the contract it does so as the agent of the owner; the owner is the real customer and the one who is ultimately responsible for payment if the agent doesn’t. While I am at it I want to remind you that you need the correct name of your company on the contract; it should match your license if you have a license. You can use DBA but the license should be in the DBA name. You may be in a state that permits entities to use a name that does not include inc, incorporated, corp, corporation, LTD, Limited. Point is use the correct and full name of your entity unless you have filed a DBA or your state permits use of trade name without an Assumed Name or Doing Business As certificate being filed. If in doubt or you need some legal guidance call K&K, after you join the Concierge Program. ************************ Spouse Dispute *********************** Ken, We just received the email from a Subscriber’s spouse and would like to know the next steps to properly handle this situation. It’s a Residential All in One. The wife is not on the contract. Husband is on the contract; signed the contract. Wife says he is supposed to continue paying us even though he has moved from the residence. Also, he’s supposed to continue paying for the service even after he has had all access removed. I assume that we need to get wife on a new contract and then let husband know that the previous contract has been terminated, but the inclusion of husband as the billing contact leaves me uncertain. I would appreciate any guidance you can provide. Thank you for your assistance with this matter. Best regards, Dan G ***************************** Response ***************************** Avoid getting in middle of warring spouses. Here you should notify the husband that you have terminated his contract. Wife has to sign a new contract. More importantly she has to pay for the new contract, meaning pay the RMR. She needs to get support from the husband and then pay you; its not your responsibility to look to the husband. ******************************* STANDARD FORMS 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email 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. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
