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 ****************************** Do you need original signed contract / or social security number for id May 25, 2024 ************************* Do you need original signed electronic or paper contract ************************* Ken If we send a customer a contract via electronic signature and they have problems doing it, print it out, sign it, and send it back to us, is this a legally binding contract, or do we have to have the original contract that they signed? James L ************************* Response ************************* When you send out an electronic contract you naturally expect to have it executed electronically, and you expect to get a fully executed copy with whatever proof of verification your electronic service offers, such as name and IP address of the person signing. The general rule is that you do not need an original contract, signed wet or electronically, no matter how you sent it out and presented it to the customer. The important factor is that the copy you have is an exact copy of the original; that would include all riders and attachments found in the original. If the contract is going to be used in court a copy will be accepted as long as you can verify that the copy is identical to the original, and you have a explanation why you don’t have the original. Because contracts are often “admitted” in the pleadings or in discovery, once identified, any exact copy will do. When you expect electronic execution be careful if you get it back hardcopy, wet or copied, especially if it’s a consumer contract that requires a notice of cancellation. Had the electronic contract been executed the cancellation notice would be included in the electronic format; that means you should get that back in the mail with the executed contract from your customer. ************************* If customer won’t give social security number can you get other identifying information? ************************* Ken Our clients do not want to give us there Social Security numbers. Is there another way of securing identification so that a customer can be identified? Is the contract still legal without the ss number? Thank you, Diane ************************* Response ************************* Some K&K Standard Form Agreements ask for information to confirm the customer’s identity. The social security number is requested and it’s useful for at least two reasons. First, it will enable you to ask for it to confirm the customer’s identify. Second, if we do end up suing the customer and get a judgment against the customer the social security number will make recovery of the judgment much easier. But, the social security number, and other identifying information, is not necessary for the contract to be complete and binding. ************************* STANDARD FORMS 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
