KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on old subscriber old system / buy-sell webinar
June 13, 2020
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WEBINAR: Sign up for webinar now
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Title:  Understanding the buy-sell process
When:  June 16, 2020  12 PM ET
Description:    Webinar will explain the process.  How to prepare for sale (contracts, proper entity, etc), understand RMR, attrition, the NDA process, negotiating the deal, responding to the LOI, due diligence, etc
Presented by:  Mitch Reitman and Dennis Stern,Esq
Hosted by:  Ken Kirschenbaum,Esq
Who should attend:  owners
Register:  https://attendee.gotowebinar.com/register/1607118070759099150
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Comment on old subscriber old system from article on June 10, 2020
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Ken
          I have to disagree with your thoughts.
          “Assuming you can re-program the panel to eliminate all devices except intrusion, you can do the job.”
          I guess this will depend on the state and laws you live in.  This will not fly in NY for several reasons.
1- This is an existing system which has fire protection. Two issues with this.
   A- If there are smokes on the system and no other smokes in the house; they are required. 
   B- If there are 120v interconnected smokes in the house the system might not be required. 
          Either way smokes are required by law in all states (especially those along the east coast, where we work).  CO’s are required with fuel burning appliances.
2- If the state follows the IBC (international building code) then the property maintenance code would come into play. Installed equipment shall b maintained in working order.
          I personally would think long and hard before tackling this one.  Either way I would not fire up the system without fire protection.  At this point what difference would it make to just monitor the smokes anyway?  God forbid something happens the alarm company is going to be brought into court because he never set it up
Mike
CSS
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Response
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          This is a residential customer.  I doubt there is any requirement for a fire alarm in this old residence. In any event it’s the owner, not the alarm company who is responsible for the proper and operating smoke and CO detectors.  Alarm companies are not responsible for installing, monitoring or servicing equipment or systems that the customer won’t pay for.  For residential systems there is likely no AHJ reporting requirement when fire detection service is discontinued.  
          I agree that if you are asked to discontinue a service, fire or other, you should document that change in service and preserve the written confirmation.  
          All of this advice depend on and assumes the use of the Standard Form Agreement.  With an All in One residential agreement I know what your obligations are and what your contractual protection is.  
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Next webinar is June 16 on Buy- Sell
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          Our next webinar is scheduled for June 16 and will feature Mitch Reitman and Dennis Stern,Esq.  The topic is understanding the buy-sell process.  Mitch brings a multi-prong perspective as accountant, tax expert, due diligence performer, consultant and broker.  Dennis, attorney extraordinaire, has handled hundreds of alarm deals, very large to small, and not one has gone on to litigation.  Good job.  
          I don’t want to give anything away, so if you’re interested in selling or buying alarm accounts, attend the webinar.
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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