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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 26333
Experience:  45 years old, retired Marine Officer, current attorney
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In June of 2006 I had a home security system installed in my

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In June of 2006 I had a home security system installed in my home. I want to cancel this provider. We use the "stay" mode of this system at night. When we go away for a peroid of time we use the "away" mode. We are no sooner gone and the alarms go off.

The Residential Agreement Part 4 reads, " This agreement shall automatically, without action by either party, renew under the same terms and conditions for successive periods equal to the inital period (3 Years) unless either party gives to the other at least thirty (30) days written notice, prior to the expiration date, of intention to terminate this Agreement upon any expiration dateor, in the event this renewal provisionis not effective for any reason whatsoever, this Agreement shall automatically renew from month to month unless either party gives to the other at least thirty (30) written notice to terminate "
I beleive this is intrapment by not notifing me that the contract is up for renewel even if written otherwise in Agreement
Submitted: 5 years ago.
Category: General
Expert:  P. Simmons replied 5 years ago.
Thank for the chance to assist

If your contract provides for automatic renewal, you will be bound by the terms of the contract. You can certainly take this to court and argue the term (auto-renewal) is not fair. But generally the court will assume you had read and understood the entire contract, so it may be tough to argue entrapment.

Now, if they are not providing the service you paid for...if the alarm goes off when its not supposed to, that can be a reason to invalidate the contract.


     
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Customer: replied 5 years ago.
Thank you for your reply, but won't a court go against me if I have not given the alarm co sufficient time to repair the problem, or let me ask this, how much time must I allow them. Over the past three years, false alarms have incurred at each vacation. The repair tech is due at my home agian tomorrow. We will be on vacation again in a few weeks. If the alarms go off again, can I cancel at that time without any repraisals. If I cancel now they want 800 dollars in fees.
Expert:  P. Simmons replied 5 years ago.
Yes, that is an issue to be sure. SO you have to (or at least should) give notice and an opportunity to fix prior to suit to void the contract.

If there is a history of this (seems there is) your case is stronger.   If you tell them fix or I quit and they can not fix...then you have the silver bullet

P. Simmons, Attorney
Category: General
Satisfied Customers: 26333
Experience: 45 years old, retired Marine Officer, current attorney
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