Property manager or owner changes during contract / Software webinar today / cs webinars start next week October 12, 2023

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
********
Property manager or owner changes during contract / Software webinar today / cs webinars start next week
October 12, 2023

SEE WEBINAR REGISTRATION BELOW – REGISTER NOW
*
Property manager or owner changes during contract
***
Ken
          We have your commercial contracts [Commercial All in One]. How are transfers typically handled?
          We have a commercial contract signed by the ownership group. A property management company is our main point of contact for services provided. Then the property management company changes. Do we need transfer documentation completed at that point? We don't always know if the ownership group changes if the property management company stays the same when we are working directly with a property management company.
          We are currently dealing with a situation. One of our commercial properties has been under contract with us since 2018; it’s a 10 year term. This property has changed ownership groups about 3 times and then has changed property management groups at least 4 times.
Megan
*
Response
*
          This is issue is common and needs to be carefully addressed.  Here is first thing to remember [after remembering to use the Commercial All in One or the Fire All in One]:  Your contract is with the property owner, not the management company.  While the management company is your contact and has signed the contract it is doing so as agent for the owner of the property.  We know that because it’s a “property manager or management company”.  When an agent acts on behalf of the principal [in this case the property owner] within the agent’s authority [which a property manager would generally have] it’s the owner who is bound, not the agent.  You look to hold the owner to the contract, not the agent.  Only when an agent acts for a non-existent principal or beyond its authority does the agent become personally liable.  Also, obviously the property manager could clearly let you know that it is the contracting party, not the property owner, that it is acting on its own behalf and not in an agency capacity, in which event the property manager is your customer, not the property owner.
          In your case the property manager you knew and who you contracted with bound the property owner to the contract. The owner can change property managers as much as it wants and it remains liable on the contract.
          Changing property owner is another matter.  If the management company doesn’t change but the property owner does change you need a new contract, or the existing contract needs to be assigned by the original owner and assumed by the new owner.  The Standard Form Agreements are not assignable without your consent, so first step is you approving and second step is new owner needs to assume the contract.
          Keep in mind that if you don’t get a new owner to sign a new contract or assume the existing contract you are likely providing your services without the benefit or protection of the Kirschenbaum Contracts™ and that’s not smart.  You don’t want to be fighting an uphill battle trying to prove that the new owner implicitly assumed the contract.  We don’t know whether that may become an issue because you want to sue for money owed for your services or if the new owner suffered a burglary loss or fire loss and now wants to sue you because you provided the alarm services that somehow didn’t prevent the loss; that’s not a good time to find out you don’t have any contractual protection.

SOFTWARE WEBINARS:  ALL WEBINARS WILL BE RECORDED AND ACCESSIBLE ON K&K WEBSITE
https://www.kirschenbaumesq.com/page/alarm-webinars
Don't miss out on live Q&A and your chance to be heard
*
WEBINARS SCHEDULE and REGISTRATION: SOFTWARE / CENTRAL STATIONS
****
TODAY'S WEBINAR:
Title:  Cornerstone Billing Solutions: Solutions for your alarm business operating software
When:  October 12, 2023 noon ET
Why attend:  Customer Management Software and Automated Recurring Billing in one cloud-based software platform. Live customer support. Cornerstone's software includes: complete subscriber records, recurring details, billing history, quotes, job tickets, service calendar, mobile tech app, inventory, robust reporting, collections, central station/alarm industry integrations, and more. Our automated recurring billing ensures 100% of recurring is billed.
Presented by: Scott MacDougal, Founder and Owner of Cornerstone Billing Solutions. (847) 405-9517 ext 2 ; scott@alarmbills.com     www.alarmbills.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here:  https://register.gotowebinar.com/register/790183156955638876
*
Software and central station webinars

          If you haven’t signed up for the webinars you’re making a mistake.  The live presentations offer you the opportunity to ask your questions and get answers.  You can join on any device including your office computer or your smart phone, so even if in the field or driving you can join and even participate.
          If you miss the live webinar, no worry.  It should be posted on the K&K Website for alarm webinars within a few days of the live presentation; go here to check: https://www.kirschenbaumesq.com/page/alarm-webinars
*
Central Stations series: Why You Should Be Monitored By Our CS
Hear from the leading central stations and “Why you should be monitored by” that central station. The topic of remote operator monitoring from outside the central station facility and the dynamics that issue presents is sure to come up. The question you need to be asking is why isn’t your central station participating and why are you still using your central station if it’s not participating?

October 17, 2023 noon ET, Emergency 24
Registration Link:  https://attendee.gotowebinar.com/register/5032873072502046552

October 18, 2023 noon ET, Statewide Monitoring Corp
Registration Link:  https://attendee.gotowebinar.com/register/3560536843132524128

October 19, 2023 noon ET, Legacy Security Services
Registration Link: https://attendee.gotowebinar.com/register/4084258420664728661

October 24, 2023 noon ET, National Monitoring Center
Registration Link: https://attendee.gotowebinar.com/register/106284724856601695

October 25, 2023 noon ET, Dynamark Monitoring
Registration Link: https://attendee.gotowebinar.com/register/5050152997423183449

October 26, 2023 noon ET,  COPS Monitoring   Registration Link: https://attendee.gotowebinar.com/register/1774793620122519136

October 31, 2023 noon ET, Rapid Response Monitoring Center
Registration Link: https://register.gotowebinar.com/register/2959829660260960857
****
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.
*
ALARM ARTICLES:  You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles  updated daily ***
THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily.
https://www.kirschenbaumesq.com/page/alarm-exchange
*
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 / 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