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 ****************************** More questions on 3 day notice of cancellation November 15 2022 *********************** More questions on 3 day notice of cancellation *********************** Ken, I was a bit confused by your statement “The three days does not start when the contract is signed. I imagine others would be too. You said “the three days start when you deliver the Three Day Notice of Cancellation. Would it be accurate to say “the three days start when you deliver the Three Day Notice of Cancellation; not required, but often delivered the same time the contract is signed.”? Do you feel that there are constraints in the states and federal law that can results in instances where the appropriate delivery of the three day notice is days after a contract is signed? You can quote me. Justin ************************ Response ************************ The legal advice was sound. The three days starts when the cancellation notice and form are given, which needs to be after the contract is signed. There are a number of legal requirements; I’ll try and lay them out in what should be the order of execution and delivery: * The contract is presented to the consumer [should be the Residential All in One] * That consumer contract will have the Notice of Three Day Cancellation Right * The contract with the Notice of Three Day Cancellation Right refers to the actual Cancellation Form, which is supposed to be attached, but in any event, delivered with the contract containing the Three Day Cancellation Right * The contract is fully executed and delivered to the consumer together with the Cancellation Form [you can’t deliver the Cancellation Form before the contract is fully executed because you have to insert the date of the contract and the last date when the consumer can exercise the option to cancel the contract] When the contract is presented electronically, the presentation order is: * Notice of Disclosure and Consent to Electronic Communication * Residential All in One * Schedule of Equipment and Services * Cancellation Form [which will automatically insert the date of the contract and option to cancel date – which is three days after the contract is signed * Disclaimer Notice [optional on your part but strongly recommended, by me] ************************ 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
