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 ****************************** Dating the 3 day cancellation notice January 28, 2023 ************************* Dating the 3 day cancellation notice ************************* Ken, Since we are sending our Residential All in One electronically does the 3 day time frame begin the date we send the contract or the date they sign should they not sign right away? If it begins the date they sign can we use verbiage such as “Three days from the "Date Signed" listed above? Is it correct that the Electronic Signature Disclosure only applies to consumer sales and not B to B? Thank you, Pat ************************ Response ************************ The statutory cancellation right applies to consumer contracts only, not commercial or business to business contracts. I am not aware of any change in law since the article on June 28, 2021 [how 3 day notice of cancellation works for electronic contracts] when I opined that the cancellation notice must be given when the fully executed contract is provided to the consumer customer, and the statute requires that you insert the outside date for exercising the option to cancel. When signing electronically I have suggested that the cancellation form be sent with the Residential All in One so it can be executed at the same time. In fact, I envision that all the documents you send with the All in One will be a single document when executed electronically. In other words, all included documents must be signed before the contract execution is complete. This necessarily implies that you have signed the contract where required before sending it to the customer and that the electronic program delivers a fully executed copy to the customer together with the cancellation form. That cancellation form should have the outside date and the electronic program should insert that date calculating the 3 days [note sometimes it is 7 or some other days]. When you order the Residential All in One we provide the notice provision and cancellation form. ******************** To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** 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 www.alarmcontracts.com ************************** 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
