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Thomas McJD
Thomas McJD, Attorney
Category: Legal
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Experience:  Legal Expert
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In 2009 we sighned an agreement with a home security company.

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In 2009 we sighned an agreement with a home security company. Now aft er 3,5 years we want to cancel the deale but we are told we have to pay the service fees foeasel months left - this is around 18 months meaning we have to pay for cancellation about $700. I do understand it as we only have to pay for 2 months after sending a cancelation note because we are already 3+years in the deal. I would appreciate your advise very much. Here is the exact agreement text: " 3. MONITORING: company agrees to provide monitoring services for a period of 60 months from the above date. The agreement shell automatically renew for a period of 12 months at the end of such primary term or any renewal term thereafter unless the client shell give written notice to the company sixty days prior to the end of the primary term. Client may cancel this agreement before before the en of the primary or renewal term only upon sale and relocation from above property address. Client must provide written notice to the company 60 days prior to such cancelation, return any company owned property and provide the name ... of the new owner .... Should the client cancel under the above stated terms, the difference between the number of months of monitoring paid and 30 months shall be immediately due and payable to the company."

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Have or are you moving or selling the property?

Customer:

No, not selling yet. Are we should pay for another 16 month-to the end of that contract? Nothing sad about that after 3 years with contract ( only we should pay for 60 days monitoring?) How we can break that contract?

TMcJD :

Based on the terms of the contract that you quoted, you cannot terminate the contract early unless you are selling the property and moving somewhere else. If that were the case, you could terminate prior to the end of the 5 years by giving 60 days notice. However, since you are not selling and moving, you must pay for the whole 60 months. If you were at the end of the contract period and gave at least 60 days' notice prior to the end of the 5 years, then you would be able to keep in renewing for another year. But there is no way to terminate early without paying the full 60 months except for the selling and moving noted above. That is why they are requiring that you pay an additional 18 months (the remainder of the contract).

TMcJD :

Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Please keep in mind you are rating my professionalism and service, not whether the law is favorable (although I wish I could always say that it was).

TMcJD :

Sorry that I could not provide better news.

Customer:

Thanks for your quick respond, we appreciate it.

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