Legal Question in Business Law in Texas

Alarm company installed alarm in my home with 3 yr. contract. About a month ago, received a call from alarm company stating that signal was not being received from my home. They stated I needed upgrade and would have to pay extra $5 monthly fee. I stated I did not want service because of increase in price and they stated I was under contract and had to pay remaining balance. I agreed to equipment upgrade (free) and $5 service charge. Tech has now been to my home 3 times and has been unable to get alarm to send signal due to being sent wrong part. I called alarm company to complain and got credit for 3 months, once alarm is back in service. I still don't have alarm service and at this point would like to use different alarm company. How do I get out of contract due to bad/incompetent service?


Asked on 3/09/11, 8:31 am

2 Answers from Attorneys
Mark Dunn Mark D. Dunn

Write them a letter and cancel the contract. Tell them what you told me, and tell them that they aren't performing their part of the contract, and therefore they are in breach.

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Answered on 3/10/11, 2:58 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say there's a bit more to this than the other attorney answer. You need to review your 3-year contract (and any modifications) to see (a) the proper form of notice to send and where; (b) the rights of each party on an alleged breach; (c) how the contract defines key terms like "breach" and "right to cure" and "cure period." Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/12/11, 8:52 am


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