We had a verbal agreement with the buyer of our house in Texas to pick up the monthly expense of the alarm monitoring contract (I know, should have had it writing. We felt lucky to get a contract in this market). The monitoring company agreed to the transfer of service and told her that she needed to pay a 100 dollar fee to transfer service. She said she didn't want to pay it. They told her they would start a new contract and cancel our contract and waive our termination fee, at which point she agreed to the deal. They called us and told us we still owe them a termination fee. Now, assuming the buyer is honest, and I have no reason to believe otherwise, do we have any recourse? I don't believe we do. They lied to the buyer, but they didn't lie to us. We're the injured party, she's not. So I don't think we have any standing in court as far as deceptive trade practices (assuming that even applies). But it doesn't hurt to ask :)
State/Country relating to question: Texas
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.Has the home sold already?Was the contract as part of your home sale?How much is the cost? How much are you out since they refuse to pay?
Yes, it has sold, and no, transfer of the monitoring service agreement wasn't part of the home sale. The termination fee is 1,700 dollars.
This is difficult...since if there was a contract that was based on the home sale, it should have been listed as a provision in the original contract. It should have been added to the sales contract.Since it was not, you have a bit of an uphill battle...you have to prove this as an independent (separate) from the home sale contract.Still, if you can do that...if you can prove they agreed to assume this service in return for you selling the home, then you can sue for the damages you suffer (the $1700 fee).You can do this in small claims...you can file and present this in small claims. You have to prove the contract...prove they agree to assume this agreement...but if you can prove it, you can get the judge to order they pay.
12 Years of experience in the law
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