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Proper name on contract / spouse dispute
April 24, 2024
Proper name on contract
I was hoping you could help me with this; when I am filling out a contract for a building with a property management company, how do I list the Subscriber's Name. Normally the property has a name like ABC Crossing Building 3.
 Thank You,
Jim P
          This is another common question, whose name goes on the contract?  Some obvious choices are:
  *  agent [managing agent or property manager]
  *  address of premises
  *  common name of the property, like Great Lake Mall
  *  name of the customer, the end user.
          You should name the end user as the customer.  Even  if a property manager is singing the contract it does so as the agent of the owner; the owner is the real customer and the one who is ultimately responsible for payment if the agent doesn’t. 
          While I am at it I want to remind you that you need the correct name of your company on the contract; it should match your license if you have a license.  You can use DBA but the license should be in the DBA name.  You may be in a state that permits entities to use a name that does not include inc, incorporated, corp, corporation, LTD, Limited. 
          Point is use  the correct and full name of your entity unless you have filed a DBA or your state permits use of trade  name without an Assumed Name or Doing Business As certificate being filed. 
          If in doubt or you need some legal guidance call K&K, after you join the Concierge Program.
Spouse Dispute
          We just received the email from a Subscriber’s spouse and would like to know the next steps to properly handle this situation. It’s a Residential All in One
          The wife is not on the contract. Husband is on the contract; signed the contract.  Wife says he is supposed to continue paying us even though he has moved from the residence.  Also, he’s supposed to continue paying for the service even after he has had all access removed.
          I assume that we need to get wife on a new contract and then let husband know that the previous contract has been terminated, but the inclusion of husband as the billing contact leaves me uncertain. I would appreciate any guidance you can provide.
 Thank you for your assistance with this matter.
 Best regards,
 Dan G
          Avoid getting in middle of warring spouses.  Here you should notify the husband that you have terminated his contract.  Wife has to sign a new contract.  More importantly she has to pay for the new contract, meaning pay the RMR.  She needs to get support from the husband and then pay you; its not your responsibility to look to the husband.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301