If I signed a contract with a home security system, what is the best way to cancel the contract and not ruin my credit?

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If I signed a contract with a home security system, what is the best way to cancel the contract and not ruin my credit?

It has been 2 month and they have not provided me with the items they promised. I am missing the lamp module and the outdoor sign. They provided horrible customer service and the tech didn’t show up to deliver the stuff after calling multiple time and stressing about it. Yesterday, I told the account manager to go ahead and cancel my contract and she said they can’t because it is only the module is missing. I do have the proper documentation that shows what they installed and what is missing. Long story short, I have been going back and forth on the phone and they are not helping.

Asked on April 30, 2015 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The good news is, if they have materially (in a significant way) breached their obligations, you can cancel the contract, and if they have failed to install what they committed to, they may well be a material breach.

The bad news is that if they refuse to accept your cancellation, you'll end up in court with them (either you suing them for a court order cancelling the contract and/or for a refund or compensation; or them suing you for payment, if you stop paying under the  contract). That's because at the end of the day, if the parties to a contract disagree about whether it's been terminated properly or not, only the court can make the final determination. So you may have grounds to cancel, but may have to go through a lawsuit to vindicate your rights.


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