You can read all of our articles on our website. Having trouble getting our emails?   Change your spam controls and white list 

Comment on standard buy-sell agreements / Comment on nightmare take-over fire alarm account

August 21,  2021
Comment on standard buy-sell agreements from article on August 16, 2021
     As usual an excellent article; however the deal that is the subject of the lawsuit you talk about is a very large one for the industry and certainly not typical. I think all those weird provisions are in there because they had non-industry lawyers negotiate the agreement; probably hedge fund/private equity "white shoe" firms and also their banks and their attorneys, most of whom have no clue how these businesses really function. This is another good reason to recommend that buyers/sellers engage industry attorneys for industry transactions
Dennis Stern,Esq
Of Counsel to
Kirschenbaum & Kirschenbaum,Esq

516 747 6700 x 323
      I am not sure who authored and agreed to the contract that resulted in a lawsuit, but I agree it likely had bank attorneys involved. However the provisions that caused the post closing problems do show up in agreements penned by attorneys who practice in the alarm industry. Alarm owners need to be aware of potential for problems, even when their attorneys aren't.
      Clients should ask themselves a few questions about the contract that they intend to sign to sell their business, or buy someone else's business:
  * do I understand every provision in this agreement, or do I need explanation, perhaps a lecture, what the contract provision means?
  * do the contract provisions make sense when the specific business concern is considered, as well as how typical alarm businesses operate
  * does the attorney know the alarm industry better than the client does, especially when it comes to acquisitions and selling alarm businesses? If not, how can client know what may have been missed in the agreement?
  * don't be fooled by "standard" unless the source knows that "standard" really means "customary, though not necessarily a good fit" for your deal.
  * What do you have to lose? Well,, whatever you are paying for the alarm business or whatever you are supposed to get for your alarm business. If this isn't a great concern then skip the lawyer and get the Asset Purchase Agreement, long form or short form, and do it yourself.
Comments on nightmare take-over fire alarm account from article on August 12,2021
     As I see the on-going trials and tribulations of dealers in your forum who install fire alarms, I just can't help it, but I've got to say that I am SOOOOOO0000000ooooooooo happy that so many years ago I told that fire marshal to shove his outlandish jumping through hoops whims, to make him smile - - - - up where the sun don't shine --- and stopped installing commercial fire alarm systems. Ever since, I've actually had time to make money, putting on hundreds of residential and small commercial accounts instead of wasting my time, efforts and resources making small minded, time wasting, demagogues happy just to obtain one fire account.
SOOOO00000oooo Happy ! ! ! !
Reliable Alarm
     Ideally every business person gets to pick the business model he wants.       Sometimes the choice is made for you and circumstances just fall into place. Plenty of alarm owners do one kind of security and fire and not others.       That's why we have alarm companies specialize in access control, cameras, PERS, residential, commercial, environmental and fire. There is nothing right or wrong about limiting services. It's great that excluding fire has worked out for you, though it seems like that decision was driven by bad experiences with Fire Marshals in your town. That's not everyone's experience and aggravation comes from lots of different directions; it sure isn't exclusive to Fire Marshals. I'd like to point out that we hear from Fire Marshals and code enforcement officers once in a while on this forum and they are, each one of them, extremely knowledgeable and seemingly eager to assist alarm professionals who they are tasked to supervise.
      Commercial fire alarm accounts are probably worth the most. The reason for this is that they are typically approved systems, regularly inspected, the customer is the owner of the property, the RMR is higher and the attrition level is lower. Likely worth the extra aggravation to sell and install it.
     But what's really important is that you are happy with your business model and that it worked for you. I just wish you bought more contracts from me.

To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:
You can check out the program and sign up here: or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
NOTICE:  You can always read our Articles on our website at
THE ALARM EXCHANGEalarm classifieds alarm security contracts

    This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. 
    There is no charge to post a listing here.Include your contact information, phone, email and web site.  If you would like to submit a post, please send an email to  To create a reciprocal link to our website, click here.

Getting on our Email List / Email 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.  You can read articles and order alarm contracts on our web site
Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301