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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31024
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I SIGNED A 36 MONTH CONTRACT WITH A HOME SECURITY MONITORING

Customer Question

I SIGNED A 36 MONTH CONTRACT WITH A HOME SECURITY MONITORING SERVICE ABOUT THREE YEARS. I SOLD MY HOME AND NO LONGER NEED THE SERVICE. I NOTIFIED THEM AND THEY SENT ME A DOC-U-SIGN DOCUMENT AUTHORIZING THEM TO TERMINATE MONITORING SERVICES. THEY SAY I HAVE TO PAY THEM EVEN THOUGH THEY ARE NOT PROVIDING THE MONITORING SERVICE. THEY SAY I HAVE TO PAY THE FULL TERM OF THE CONTRACT EVEN THOUGH THEY ARE NOT PROVIDING THE SERVICE. WHY SHOULD I BE OBLIGATED TO PAY THEM EVEN THOUGH THEY ARE NOT PROVIDING THE SERVICE? I THOUGHT FEE FOR SERVICE CONTRACTS WERE VOID IF THE SERVICE WAS STOPPED?
Submitted: 5 months ago.
Category: Legal
Expert:  Roger replied 5 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 5 months ago.

You are bound by the contract, and if you signed up for 3 years worth of service, then you're obligated to pay the security service for that period of time.....and if you cancel, the security service would be entitled to damages caused by your cancellation. However, the security service should only be entitled to the lost profit it would have made had you fulfilled the period of the contract.

Expert:  Roger replied 5 months ago.

Most contracts call for a liquidated damage amount in the event that the service is cancelled/terminated early.....so you should look at your contract to see what it says.

Expert:  Roger replied 5 months ago.

But, you're not going to be able to cancel and walk away without exposure UNLESS the security service agrees/allows it.

Expert:  Roger replied 5 months ago.

The best option would be if you could transfer the service to your new home and continue it there.....you'd have to offer that option to the security service and see if it is agreeable, but that'd be a way that you could get something for your money and fulfill the obligation and avoid being sued for breaching the agreement, etc.

Expert:  Roger replied 5 months ago.

Otherwise, if you cancel the agreement, the security service would be entitled to damages for the early termination.

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