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I signed a contract with a security alarm company on August…

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I signed a contract...

I signed a contract with a security alarm company on August eleventh in which it has a three day no cancellation agreement. I was okay with until I kept getting the run around about the equipment installation. I received most of the equipment on the first installment and then the installer shows up two more times without the other equipment and finally arrives with the other equipment yesterday September sixth. As we leave our residence today and go to work we log on our phones to check security cameras and notice they weren't working until 10am four hours after we had left. We tried to cancel and were told last week that we couldn't because the three days to cancel was over. What can we do ? We would just like to cancel and have them pick their equipment up and be over with it.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

As to what being filed or reported ?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just that we have talked to several people inside the company.

Submitted: 1 year ago.Category: Legal
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Answered in 22 minutes by:
9/7/2016
Lawyer: Maverick, Attorney replied 1 year ago
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,651
Experience: 20 years experience as a civil trial and appellate lawyer
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Lawyer: Maverick, Attorney replied 1 year ago

You may be able to argue that the alarm company has materially breached the contract due to all the mishaps and thus you are now excused from having to perform your end of the contract. I have cited the TX law on that below. You may need to file or threaten to file a declaratory judgment action and use the leverage of attorney's fees to get this resolved quickly. I am happy to do a phone call on this explaining all the details for $59.00. Please see my offer.

When one party to a contract commits a material breach of that contract, the other party is discharged or excused from further performance. Mustang Pipeline Co. v. Driver Pipeline Co., 134 S.W.3d 195, 196 (Tex. 2004). Generally, the issue of whether a breach rises to the level of a material breach that will render the contract unenforceable presents a question of fact [i.e. usually decided by the jury] . Cont'l Dredging, Inc. v. De-Kaizered, Inc., 120 S.W.3d 380, 394-95 (Tex. App.--Texarkana 2003, pet. denied). The Texas Supreme Court noted five factors significant in determining whether a failure to perform is material, i.e., whether the breach is material:

1) the extent to which the injured party will be deprived of the benefit which he reasonably expected;

2) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived;

3) the extent to which the party failing to perform or to offer to perform will suffer forfeiture;

4) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of the circumstances including any reasonable assurances; and

5) the extent to which the behavior of the party failing to perform or to offer to perform comports with standards of good faith and fair dealing.

Mustang Pipeline, 134 S.W.3d at 199.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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