How canI discontinue my security service early?

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How canI discontinue my security service early?

At signing of contract the sales rep said that if I had referral I could stop service. I gave him one. And as of late I got it in writing and sent that to him and his managers. Now no one will contact me. The last e-mail was from the rep saying that I had to pay 75% of contract left. I have stopped payment of service and have faxed messages to ADT service and no one will contact me. This is so unprofessional and unacceptable! What should I do?

Asked on October 18, 2010 under General Practice, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general matter, an agreement, including an agreement to cancel services if you provide a referral or do something else, is enforceable. However, the problem is that if you only had verbal or oral agreement--and that agreement goes against the express terms of any written agreement(s)--it may be very difficult to prove the existence of or terms of that agreement. After all, if there's a written contract saying you can't cancel, that's strong evidence you can't; if you state that a sales rep verbally told you that you could cancel and now the rep or company disavows that, it can be very difficult to establish that agreement. Moreover, if the agreement has a "merger" clause saying something like "all prior agreements or discussions are merged into" or "included in" or etc. the current agreement, or that "no additional promises were made to induce you sign the agreement" and the verbal promise was made prior to signing, then by signing, you gave up your right to rely on that promise.


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