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 white list ken@kirschenbaumesq.com ****************************** How 3 day notice to cancel works for electronic contracts June 28, 2021 *********************** How 3 day notice to cancel works for electronic contracts *********************** Ken The Residential All in One agreement contains a notice of cancellation as follows: NOTICE OF CANCELLATION YOU MAY RESCIND THIS SALE PROVIDED THAT YOU NOTIFY ALARM COMPANY OF YOUR INTENT TO DO SO BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTMARKED NOT LATER THAN MIDNIGHT ON THE THIRD BUSINESS DAY FOLLOWING THE SALE. FAILURE TO EXERCISE THIS OPTION, HOWEVER, WILL NOT........... So, this is the 3-day cancelation we are all familiar with which allows the buyer a 3-day cooling off period of buyer's remorse after he signs the agreement. What about when we would provide an agreement as an electronic agreement and the buyer sits on it for 3 day or even a week or a month? After spending a month of time presumably reviewing the agreement and then signs it and says "We need to start right away" does the 3 day "cooling off" period count then? I would expect that after fondling the agreement for a month he might be pretty cool with it. JM ********************* Response ********************** The 3 day notice of cancellation is tricky enough without introducing electronic contracts to the equation. For instance, what difference would it make if you asked about a customer who sat on your paper contract for a month before signing and returning it and then changing mind? The answer is no difference. A residential customer has 3 days to cancel the contract and that time starts to run from the moment the customer gets a fully executed copy of the contract. That fully executed contract needs to be accompanied by the Notice of Cancellation form, which you have filled out with the last date to send the notice. K&K gives you the Notice of Cancellation when you get the Residential All in One. When you utilize electronic contracts you will be using a separate form for Disclosure and Consent to Electronic Communication. This form is the customer’s agreement to permit transmittal of the fully executed contract and the cancellation form electronically. The time frame would be the same as paper contracts. Therefore it makes no difference if the customer mulls over the electronic contract for a month before signing the contract. The 3 days starts when the fully executed contract is electronically delivered to the customer. This process would apply whether you use an electronic contract service or you transmit electronically documents created in your office and delivered to the customer over the Internet or by fax ********************* To order up to dateStandard 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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 ken@kirschenbaumesq.com. 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 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
