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 ****************************** providing service without contract signed by end user July 1, 2025 ************************* providing service without contract signed by end user ************************* Ken Existing customer paid for 6 months of service a month ago. House was sold and new customer contact us. Did not receive a formal request to terminate the service from the old customer. Because the old customer paid for 6 months can/should I terminate the service until I have a signed agreement from the new customer? Jason ************************* Response ************************* I can see how this is a bit tricky. You've been paid for the service, so how can you, or why should you, terminate service? There are a few thoughts that immediately come to mind. * do no alarm services without a written contract * the K&K Standard Contract is not assignable by the subscriber without your consent * If there is a burglary or other alarm related loss who is likely to sue you, the old owner or the new occupant who bought the house?
Once you see the issue the way I do I am pretty sure you will arrive at the same conclusion I have. Without deciding if the old customer [in fact, the only customer who is in contract with you and has paid you] breached the contract, we can skip right to the last consideration, who is likely to sue you? The answer is, the new occupant, the very one who has refused, apparently, to sign a contract for your services. Because you have already provided services to the customer you now should provide some notice of discontinuance of service; the sooner the better. You can terminate on one day notice. If fire alarm monitoring is included, and it's required by law, notify the AHJ that fire alarm monitoring is discontinued. Be sure to give an exact time and date for termination of services, and be sure you terminate service at that time. Do not condition your notice of termination on the customer doing anything, like signing a contract for example. If the customer does sign a contract then you can send another communication that service is now being provided pursuant to [new] contract dated ... The old customer is in breach; K&K Collection Dept is waiting for the referral, if there is enough time or money left on the contract to make going after the customer worthwhile. ************************ 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
