Legal Question in Consumer Law in Pennsylvania
house alarm contract
In June of 2006 I moved into my home in Malvern,Pa. At that time i signed a
3 year contract with an alarm co. for protection. I have now sold my home,
made settlement last friday, and the alarm co. is saying i have to pay for
the remainder of the contract. The new owner does not wish to sign on. My
question is, Can i be held liable for the rest of the contract? They want me
to try to find someone to take it over.I am movingt into an apt that has its
own security system.
3 Answers from Attorneys
Re: house alarm contract
It depends on what the contract says but it is likely that you will have to continue to pay it.
Re: house alarm contract
I believe you have 2 ways out... I believe, especially in a consumer contract, that this was a foreseeable situation, that you signed THEIR contract, and the contract is unclear, as it does not address the sale of the home, THEREFORE, the contract MUST be interpreted in the light most favorable to the buyer, and the contract must terminate. Second, you can take the position that this is a contract of adhesion, and unenforceable after the sale of the home.
Re: house alarm contract
This is an interesting question and I'm not sure of the answer. In Pennsylvania back in the late 70's the Supreme Court determined that leases of real property were subject to traditional contract law and that where a building on leased premises was destroyed and the lessee could no longer use it, traditional contract doctrines of impossibility of performance applied and the lessee was not liable for the payment of the balance of the lease. However, in that case the destruction of the premises was not the fault of either party.
In this case, you are not receiving the value of the services provided by the alarm company. Although this is of your own choosing, I'm not sure that an arbitration panel would overlook the fact that the alarm company is no longer providing the service that they want to be paid for. If I was on your arbitration panel I would probably vote against the alarm company unless they had clear, unmistakable language in the contract in Fourteen Point Bold Red Print saying that you remain liable for the cost of the service for a three year period despite that you wish to cancel.
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