Legal Question in Real Estate Law in Texas

What are my rights regarding an existing security system present when I bought m

I bought a home the first of May 2000. The home had a security system installed when I bought it. The security company is threatening to take the system out if I do not use their monitoring service. I don't want them pulling this out and leaving the holes. I may decide to use another company to monitor. I have been told that the system is mine, as it is attached to the home I purchased. What are my rights, and can they remove this system legally.


Asked on 6/13/00, 8:23 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: What are my rights regarding an existing security system present when I boug

The answer depends upon whether or not you were informed that the security company retained ownership of the system and one of the lease requirements was that you use their monitoring service. If there is such disclosure in the closing documents for the purchase of this property then you are bound by them whether or not you read or knew of them at the time.

If your purchase agreement and other documents are silent on the topic, and if you did not receive notice of the security company's position in some other fashion, then their complaint is apparently with your seller, the prior owner, and not you. Assuming you signed nothing with them, then you have no obligation to them.

They may not enter your home without your express permission, which you do not have to give. They may not retake possession of the system without your OK.

If you were given no notice that the security company claimed an interest in the system in your home, then since it is attached to the property and apparently cannot be removed without causing damage, it is yours.

Their complaint, again, is with the previous owner.

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Answered on 8/01/00, 1:58 pm


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