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Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I have a contract services whc has not been activated yet

Customer Question

I have a contract for future services whc has not been activated yet and for which I do not want to at this moment. Other service provider is much better and expanded. for lower cost.
Any way, the new seller assures me that under FL cooling-off period statute I can cancel the other home security monitoring service contract without penalty since it is not activated.
I am attaching the 4 standard agreement signed in nov-2015 for future service. There is charge for 625$ for e
Submitted: 6 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 6 months ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of contract and litigation experience. It is a pleasure to assist you today. In the present circumstance, the fact that the future service has not been activated is somewhat immaterial. The Florida law on cooling off period allows you three days to change your mind after you have executed the contract with the service provider. If you signed the contract in November of 2015, then you will have a hard time implementing and enforcing the cool off statute in this case. Here is some language from the AG site, you may have seen (just in case you have not): A sale for future services can be cancelled by the buyer by notifying the seller within three business days from the date the buyer signs the contract. There is no requirement that the notice be made in writing. However, it is a better practice for the buyer to send written notice to the seller by certified mail. Refunds for cancelled contracts for future services must be received within 20 days after the seller receives the notice of cancellation.Cancellation of a home solicitation sale must be made in writing to the seller by no later than midnight of the third business day after the day the buyer signed the contract. A written notice sent by mail must be postmarked by no later than midnight of the third business day after the contract date. In the case of a home solicitation sale, a refund must be mailed within 10 days after the sale has been cancelled. So, it is my opinion you will not be able to void this contract using the Florida Cooling Off Statute. I wish I had better news for you. Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE Star). Best wishes going forward!
Customer: replied 6 months ago.
If I never activate the service then what?
Expert:  Delta-Lawyer replied 6 months ago.
You can cancel, but you may be susceptible to some penalty provision in the contract. That is really the difference in whether or not you can enjoy the protections of the cooling period. With the cooling period, there is no penalty. In this case, since that is not applicable, you can cancel, but the company can penalize you within what is allowed in the contract. Let me know if you have any other questions.
Expert:  Delta-Lawyer replied 6 months ago.
You have any other questions or concerns?
Expert:  Delta-Lawyer replied 6 months ago.
Did you have any other questions or concerns? I want to make sure you are as comfortable as possible as you move forward here. Thanks
Customer: replied 6 months ago.
I sent a cancellation repuest to the vendor yesterday via email. Do they have 3 days to acknowledge and respond with any provision?
Here it is:
This what I sent:
From: Freddy rodriguez
Date: May 23, 2016 at 10:38:07 AM CDT
To:***@******.***, Freddy rodriguez ,
Subject: 12321 Sawgrass Prairie Loop, Cancellation of future serviceDear Sirs;
I am hereby requesting the cancellation of the future service agreement for the security system monitoring for the address in the reference.
I understand that in accord to Fl Law, I am entitled to cancellation rights on future service contract which have not been enabled.
Please let me now if you have any question.
Best regards.Freddy Rodriguez,
12321 Sawgrass Prairie Loop, Orlando FL 32824
Owner.
Expert:  Delta-Lawyer replied 6 months ago.
The three day cooling off period does not technically apply to them. As a matter of fact, if there is a period for response in your contract, then that would be binding. That said, because you have properly followed the notice provisions, when they receive it, they should implement it that day (outside of a provision which gives them time in the contract). As stated before, they may have the ability to assess a penalty in that is derived from the contract, but your notice (which is perfectly crafted by the way), should render their obligations, and yours, null and void (outside of any penalty that may be due per the contract). Let me know if you have any other questions. Please also rate my answer positively. Thanks!
Expert:  Delta-Lawyer replied 6 months ago.
Just checking back with you to see if you have any other questions or concerns. I want you to be as comfortable as possible moving forward. Thanks

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