Legal Question in Consumer Law in California

I have an alarm system that was in my home in California. My account has been sold to another alarm company. My contract had an automatic renewal clause for one year. Can i get out of my contract since my account is now with another company?


Asked on 9/16/11, 8:53 am

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

If the transfer of your account does not change the terms, that is not a good excuse for you to get out of the contract. If you have the right to terminate after a year, the same terms will apply to let you out after one year.

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Answered on 9/16/11, 10:27 am

There is an argument to be made that you can get out of this. An exception to the general rule that contracts can be assigned, is personal services contracts. Brian Wilson cannot transfer his contract with the Giants to some Double A league pitcher with a 15 ERA. You could make an argument that your personal home security is of such a personal nature that you are not obligated to allow a transfer from a company you trust to one you don't. They will argue back that the service is fungible (one widget is the same as the next widget) and not of a unique nature. Of course you have to start with your contract with the original company. It might have a transferability clause that would end the discusssion. But even if it does not, you would have to ask yourself how much you really want to have that fight with them, rather than just cancelling before it renews again.

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Answered on 9/16/11, 11:42 am


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