KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** right contracts for acquiring fire alarm contracts over time / Party Invite November 28, 2025 ************************** You're invited: K&K 2025 HOLIDAY PARTY WILL BE ON DECEMBER 4, 2025 6 PM Old Westbury, NY [presently, I'll let you know if the location changes]. RSVP only if coming with Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Diana Henriquez at 516 747 6700 x 328 or email dhenriquez@kirschenbaumesq.com. Space limited so be sure to RSVP if coming asap ******************************** right contracts for acquiring fire alarm contracts over time ******************************* Ken, We looking to purchase one of your DIY contract forms. I spoke to K&K's Contract Administrator Eileen Wagda [516 747 6700 x 312], but she was not sure which contract I should choose. She advised I email you and you would get back to me. We are looking to purchase approx 95 monitored Fire Alarm accounts from a much smaller Fire alarm company that is just interested in selling installation work going forward. So they would like to sell us 95 existing accounts and continue to sell us new ones after they complete a Fire alarm installation. Currently they lost many of the existing contracts in a fire, but they are getting them resigned. At this time they only have 10 to 20 to sell us that have a good contract in place, so we want to get a purchase contract in place so we can buy the accounts a few at a time and just continue to buy more over the coming years. Would you suggest the Short form asset purchase contract or the long form? Or something else that may better fit our needs? Please feel free to respond by email or call me cell anytime. Thanks John *************************** Response *************************** What I would suggest to "better fit [y]our needs" is that you retain K&K to guide and represent you. The DIY contracts are for the customer, do it yourself installation, not for the alarm company to DIY. K&K does offer two APA forms, one for under 50 accounts and the other for 100 accounts, but both forms start with a warning that legal documents should be prepared by lawyers. The APA forms are a good start for you and the other side, seller or buyer, to see most of the issues that need to be addressed in an APA deal. Neither of these form APAs address on-going purchases; that would need to be added with specificity for the terms of each deal. You started with buying accounts as they were installed by the selling company; that means you're going to be doing the after-install services, for which you will need to get signed the Fire All in One, unless the seller has gotten the Fire All in One signed and then assigns it to you once the installation is completed. The terms of the assignment would be covered in an agreement to acquire the fire alarm accounts once installed. You therefore have a vested interest in the contract between the installing company, your seller, and the customer. You should insist on the seller using the Fire All in One and signing the customer up for the after-install services as well as the installation. **************************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
