Terminating an alarm company contract early

We recently moved from a rental house in the Seattle area where we had Protection One alarm service. We were approximately 15 months into the 3 year contract. They are billing us for the remainder of the term, nearly $700. Needless to say, I would prefer not to pay for service we will not be using. Has anyone had any experience terminating such a contract early, particularly with Protection One?

Thanks

Dan

Reply to
Dan
Loading thread data ...

I'm sure there are terms in the contract covering this. You need to find that contract and read it to learn what you agreed to. Could be they're trying to get more than they're entitled to, but isn't the first thing on my thought list.

Assuming it is what the contract says, you don't have much of a basis for anything, but you might try and see if they'd accept a settlement for half, say. After that, you can just walk I suppose, and make them come after you, but when they do you will definitely lose and end up w/ collection costs besides.

If it doesn't give them that right, then you show them what it does say and pay that...

Seems pretty straightforward to me -- read the contract.

--

Reply to
dpb

I'm not disputing the terms of the contract, I'm asking if anyone has had a similar experience with this or another alarm company.

Reply to
Dan

If they have a contract, what difference does it make? They can choose to enforce it at their pleasure. I can see wanting to somehow get out of coughing up $700, but if that's what the contract says and that's what they're asking for, don't see you have much recourse. Guess you could give the contract to an attorney and see if there's something in it that could give you a right to break it, but one would presume they had a team of legal beagles draft it initially. If there were a widespread issue here like a class action suit or somesuch, I'd expect an internet search would turn that up quickly...

imo, ymmv, $0.02, etc., of course...

--

Reply to
dpb

Soooo, then you DON'T have any direct experience?

Reply to
Dan

It appears to me that (a) he *does* have experience with contracts in the real world in general, and (b) you don't.

Reply to
Doug Miller

You will need to read (and understand) the contract that you signed. You did keep a copy, right? Three years sounds like a long time. My father once told me, "Never sign a paper that you don't understand."

Reply to
Phisherman

I don't think understanding the contract is the problem in this case. I think he doesn't want to pay what the contract states. At least that's my take.

Cheri

Reply to
Cheri

I have no such experience; however, I know that similar contracts - those calling for a service to be rendered in the future - have not been upheld when the service cannot be provided for any reason...you dying, you moving...

Reply to
dadiOH

As Doug notes, I do have experience w/ contracts enough that I don't sign things w/ such onerous penalty clauses. (It's a primary reason I've never got a satellite service because I won't accept the terms of the agreements they propose and it's never been a high-enough priority to try to negotiate something I would/could agree to.)

So, no, I don't have a direct experience w/ whichever company it was you asked about, no, but I don't need that to know what the options are if, indeed, the contract has those terms in it. I would assume they're enforceable unless an attorney can find an "out", as suggested before, or they would voluntarily accept a settlement or there is some general class action or other order from a State AG or similar against them that would be effective in your local jurisdiction.

--

Reply to
dpb

My understanding has been those have been for service, not cancellation charges. I still think it depends on the terms of the contract and his best bet is to ask either local legal advice or his State AG's office if there's an out for these types of agreements...

--

Reply to
dpb

Your opinion of my knowledge of contracts is baseless (as well as irrelevant), since I have expressed no opinion on the contract. I merely asked if anyone has had this PARTICULAR experience, and what came of it.

Reply to
Dan

dying, you moving...

It's probably doesn't make financial sense to hire an attorney, but the AG thing is a good idea. Thanks.

Dan

Reply to
Dan

try alt.security.alarms

Reply to
newb

First, post this on alt.legal and / or misc.legal and you'll probably get a more informed response.

Second, just south of you in Oregon, the Oregon Court of Appeals on January 31, 2007, decided a very interesting case involving an adhesion contract with an allegedly unconscionable arbitration clause.

See, generally, See Vasquez-Lopez v. Beneficial Oregon, Inc., 210 Or App

553, 560, 152 P3d 940 (2007)

A very interesing analysis of unconscionability and the voiding of unconscionable clauses in contracts. Of course, it doesn't control in Washington State,(and I have less than zero knowledge of Washington law on unconscionable contract clauses) but it may give you a starting point for analysis.

It should frighten the folks who use hidden mice type screw the customer clauses.

An early termination penalty may be unconscionable. Depends upon the facts.

Good luck!

Reply to
jJim McLaughlin

Thanks, I'll take a look.

Reply to
Dan

Jim-Thanks, I did post on misc.legal.moderated, post hasn't appeared yet (not yet approved by the moderator).

Thanks much for that, I'll look at the citation, sounds very interesting.

Dan

Reply to
Dan

Reply to
bigjim

You don't seem to understand that other persons' experiences are similarly irrelevant. The only thing that matters is the terms of *your* contract.

Reply to
Doug Miller

Wrong. If there is a history of this company in particular or the industry in general adjusting these claims if someone bitches enough (as companies will often do in consumer relations), and I learn this from several others who've had the same experience and had them do so, that is knowledge I can use to my advantage. ONCE AGAIN, that is what I was asking for, NOT amateur lessons in contract law.

Reply to
Dan

HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.