Legal Question in Credit and Debt Law in Virginia

I have an alarm system in my home that's not even a year old and I've had to have it serviced on numerous occasions due to a system fault stating the system lost signal to the tower. They've been able to reset the fault each time but it continues to come back. This last time the tech told me they could put another box on my wall to boost the signal or I could pay for the upgraded version. Neither of which would be a guarentee though and I told them I didn't want another box on my wall nor should I have to pay for an upgrade on something that's their problem. I informed them if they could not fix the issue then I wanted out of my contract since they could not provide the service they promised. They cancelled the contract but then sent me a bill for the remaining balance. Can they legally do that?


Asked on 11/08/10, 6:29 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You need to review the terms of this contract to determine the answer. Undoubtedly, it contains a provison making the buyer (you) responsible for any remaining balances due under the contract if the buyer cancels it prematurely, but if there's justifiable cause for such cancellation on the part of such buyer. i.e., a material breach on part of the seller in one or more of the essential terms of the contract, the buyer should nort have to pay whatever balance might remain.

But, yes, you will need to make very clear to this seller(in writing)that the above is in fact your position on this matter in response to seller's demand for payment.

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Answered on 11/13/10, 6:50 am


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