Just got a new alarm system with Vision security Monday (old security system was brinks) and I haven't signed the paper contract yet but they installed the system and I did an over the phone agreement that was recorded. Now I'm suppose to sign the contract tomorrow but have been dissatisfied with the system itself thus far. Does the phone agreement count as a binding contract even though I haven't signed the actual paper contract? Actually, my wife is the one that's suppose to sign but she wasn't home Monday so the sales rep agreed to just come back Friday to receive the signed paperworks from my wife. (She still haven't signed it by the way). What should I do?
One of the biggest misconceptions is that a contract has to be signed. It doesn't even have to be written. Obviously, there are issues with proof regarding a verbal contract, but a verbal contract has the same binding force as a written one. Considering it was recorded, without any further information, I would say that you have entered into an enforceable contract...
Oral contracts are valid. If you are truly dissatisfied with the service, hassle them every day until the end of your contract.
As Mr. Vivi mentioned, this is business law 101. Written contracts not necessary for this case. A verbal contract is sufficient and there is also proof if it in the recording. I'd say you're stuck with it.
I dont think hes stuck with it, a contract works both ways, they sold him on a service and maybe they're not living upon the agreed upon level of service that he agreed to, if thats the case hes definately in the right to be able to get out of it.
Since this is a bilateral contract (promise to perform a service in response for a promise to pay) I'm wondering where you think the breach was. If you are dissatisfied with the quality of service you need to let them know and give them a chance to correct but they did perform their end of the bargain. If you decide not to pay for it, you will breach the contract and they can sue you for payment and any damages. Probably should just work it out with their customer service before you started wondering about your legal options and whether this is a binding agreement (which it is). Note: This free advice given in a casual manner in a public forum. No attorney client relationship has been established by this post and none is intended.
