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Delta-Lawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3546
Experience:  10 Years Practice in Litigation, Products Liability, Intellectual Property and Governmental Relations
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We had a new security system installed in November 2015. I

Customer Question

We had a new security system installed in November 2015. I was verbally quoted one price for monitoring. The next day, they had to come out again and fix some problem with the system. I was at work and my husband had to sign something and we were not given a copy of that paper. Needles to say, the price I was quoted and the price I was charged was very different. I have gone around and around with these people and I just gave up. Am I legally obligated to these people?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: South Carolina
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Only that the guy who installed it was the same guy who installed my previous one with the other company.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Delta-Lawyer replied 3 months ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of experience handling matters of this nature. It is a pleasure to assist you today.

You present a very good question that arises frequently in dealing with service oriented businesses like cable, phone and security to the home. In analyzing this issue, you have an enforceable verbal agreement. You have their verbal offer, your verbal acceptance of that offer and price and consideration (you allowing them to come and install and them installing). So, if you were to take them to court, you have the ability to enforce the verbal agreement.

The problem then becomes one of economics. It will be far more costly to sue them to get out of the contract, or to defend their breach of contract suit than it will be just to pay the higher price they are charging. They know this and are likely comfortable in this inequitable positions.

So, what do you do? I recommend first that you place them on legal notice of the issue with a certified letter with a return receipt being sent to their legal department or legal officer in their South Carolina headquarters and explain the situation. Tell them that this is legal notice that you want this fixed immediately to the agreed upon price or the service dropped with no further legal obligation. Tell them if they do not, you will be forced to take legal action. Give them 7 business days from the postmark to respond affirmatively.

If they do not respond affirmatively, your next step is to contact both the SC Secretary of State Office to file a complaint as well as the Consumer Protection Division of the SC Attorney General's Office to file a complaint.

Both entities can investigate and may be able to force the security company to release you from this contract that is predicated on fraud.

If they do not help, you will unfortunately be relegated to sending a notice of cancellation based on breach of contract (for failure to adhere to the price quoted...and then potentially dealing with their attempts to collect), or suing them for breach of contract. I sincerely ***** ***** you can avoid both of those routes.

It is amazing how complicated simply installing a security system can end up being. However, those are the steps to take here to hopefully get out of this raw deal.

I appreciate you allowing me to help you with your question. If you have any follow up questions or concerns, please let me know!

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Kindest regards ***** ***** wishes!

Expert:  Delta-Lawyer replied 3 months ago.

Did you have any additional questions?

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