Legal Question in Consumer Law in California

Alarm Company Contract

We contracted with an alarm company 5 yrs ago to install equipment in our home and provide monitoring services. At the time, the contract term had been misrepresented by the telemarketer so we were upset that the contract presented to us described an initial term longer than we were told. The sales rep agreed to decrease it and we initialed the change on the contract. Since then, we fulfilled our initial term and continued using the same company for several more years while we owned the property in question.

We sold the house in January and the new owners elected not to activate service in their name. The company then insisted we are liable for monitoring service fees throughout the end of the year. Though we fulfilled the term of our initial agreement, apparently the contract continued to ''automatically renew'' every year.

Despite written notice, the company has refused to cancel our account and has even automatically debited our checking account for fees though no services are being performed. They insist we must pay through December and cannot cancel mid-year. What recourse do we have?


Asked on 10/13/03, 4:43 pm

1 Answer from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Alarm Company Contract

May be easiest to pay sum or take your chances if they take you to small claims court.

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Answered on 10/13/03, 6:11 pm


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