KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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3 day notice / City wants indemnity and insurance / register for todays financial webinar - see below
September 22, 2020
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Webinar 9/22/20: How to Finance Organic Growth 
Register: https://attendee.gotowebinar.com/register/3255545487536556558 
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3 day notice
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Ken
            It is always our policy to obtain a 3 day right of rescission on every residential account.  It came to my attention that such rights may not apply to vacation homes and second/third homes. In other words, it only applies to the primary residence.
            It also came to my attention that the right of rescission may not apply to mobile homes as they are not "real property".
Is any of this correct, regardless of good business practices to obtain the paperwork on all residential installations?
RM
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Response
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            There is a federal statute and 50 state statutes. There may be variation in terminology but the gist of it is that the door to door 3 day notice of cancellation applies to “consumers” for their “residence”.  Certainly some statutes do not make it more complicated by imposing additional criteria, such as “primary” residence or exclude anything place of abode other than a primary residence.  While it may be over –simplistic, I think you need to use the 3 day notice of cancellation for any place a consumer lives; mansion; high end condo; trailer; cave.  As others have pointed out, even if the regulators don’t catch you violating the statute, a potential buyer is likely to object and raise a stink, at the very least. 
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City wants indemnity and insurance
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Ken
            Our potential customer is a city.  It wants us to indemnify it and provide additional insured certificate.  At your suggestion we told them we won’t indemnify, but they want the additional insured certificate. What do you think?
Name withheld
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Response
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            The indemnity and additional insured are, for practical purposes, similar.  The insurance is in fact a form of indemnity, though now it’s your insurance company providing the indemnity, not you.  So I guess that’s better for you [until there is a claim and your carrier drops you].  
            Typically alarm companies do not provide indemnity, contractually or by offering insurance coverage.  It’s not uncommon for institutional type subscribers and municipalities to insist on both indemnity and insurance.  If you want the job you have to accommodate, but it’s not something you should look to offer if you don’t have to, and you do have to access the job to make sure it’s worth the additional risk and potential expense [if the indemnity kicks in]. 
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WEBINAR SCHEDULE AND REGISTRATION
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Webinar Series: Financing for the alarm industry 
When: September 22, 2020 12 PM ET half hour presentation and then Q&A
Topic Details: How to Finance Organic Growth - A more specific drill-down on the many ways loan financing can help an alarm dealer grown organically through covering creation costs, enabling leasing, expansion, etc.
Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc  866-204-9350 ext 1200 www.alarmfunding.com
Hosted by: Ken Kirschenbaum
Who should attend: company owners and CFOs
Registerhttps://attendee.gotowebinar.com/register/3255545487536556558
This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars
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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