Legal Question in Consumer Law in Maryland

Alarm Monitoring Contract still valid after company

I signed a contract in Feb 2000 for a home alarm system, w/3 years monitoring. They partially installed the system but did not complete the job.

After moving into the house in April 2000, I called the salesman to arrange a time to complete the job and activate the alarm. He never returned my call. I left 2 more messages with the company over the next month, but never received a return phone call. I then went with a new alarm company.

1 year later a rep of the 1st company sent a letter saying I still had a valid contract and they would bill us for outstanding charges and start billing for the monthly monitoring charge. He has since offered to settle for $250, the ''cost'' of the equipment.

Is the contract still valid? Should I try settling ($100)? The contract states that ''work is to be performed in a workmanlike manner.'' In my opinion, not completing the job and not returning phone calls is not a ''workmanlike manner'' which would void the contract.

If both my wife and I are on the contract as Customer 1 and Customer 2, but only I signed it, is the contract valid?

If the contract states that it is not valid until signed by an Authorized Company Representative, and our copy of the contract is not, is the contract valid?


Asked on 6/21/01, 2:55 pm

1 Answer from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Alarm Monitoring Contract still valid after company

It sounds like they breached the contract by not finishing the job despite your requests, and then coming in a year later. Read every clause of your contract carefully to verify this. You went to them for security, and they left you without security but for your taking action with another company. Tell them they are in breach of contract, citing the paragraph that supports this, and that you will not pay. - Michael Worsham

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Answered on 6/29/01, 7:23 pm


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