Com Fire Alarm Contract
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Com Fire Alarm Contract (by Ray-N-Pa [PA]) Sep 12, 2021 9:23 PM
       Com Fire Alarm Contract (by Robert J [CA]) Sep 12, 2021 10:12 PM
       Com Fire Alarm Contract (by Ken [NY]) Sep 12, 2021 10:40 PM
       Com Fire Alarm Contract (by Sparky [PA]) Sep 12, 2021 10:49 PM
       Com Fire Alarm Contract (by dino [CA]) Sep 13, 2021 2:35 AM
       Com Fire Alarm Contract (by 6x6 [TN]) Sep 13, 2021 5:46 PM
       Com Fire Alarm Contract (by Ray-N-Pa [PA]) Sep 13, 2021 7:47 PM
       Com Fire Alarm Contract (by dino [CA]) Sep 14, 2021 4:19 AM

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Com Fire Alarm Contract (by Ray-N-Pa [PA]) Posted on: Sep 12, 2021 9:23 PM

I sold a large 41 unit mixed use commercial building in 2020. All the leases transferred with the property along with the all the business contracts.

SIMPLEX GRINNELL DBA Johnson Controls/ TYCO still is billing me for the contract on the building that I no longer own.

I have emailed them and let them know that the year prior, they were informed of the sale and how to contact the new owner. I also sent them a certified letter after I got a collection letter. This weekend I now have two collection emails from this company.

I plan on replying with a copy of the first email and the tracking info for the certified letter that they don't seem to want to sign for. I am thinking I am getting taken as I believe they are also billing the new buyer of the place too.

Com Fire Alarm Contract (by Robert J [CA]) Posted on: Sep 12, 2021 10:12 PM

Simple, they are not good at taking care of that part of the business. I would put them on Notice that in 30 days you're going to have to take legal action because they are harassing your about a property and system you sold last year and refuse to update their files.

I would also call the company and write down the person you're speaking with and direct call back number.

Com Fire Alarm Contract (by Ken [NY]) Posted on: Sep 12, 2021 10:40 PM

Can you contact the new owner and find out if they are paying?

Com Fire Alarm Contract (by Sparky [PA]) Posted on: Sep 12, 2021 10:49 PM

Just because you and the buyer agreed that the contracts would transfer with the sale, doesn't necessarily mean that you are relieved of the the contractual obligations you entered into with Johnson Controls. Oftentimes, consent is required to allow such an assignment. I don't know what your contract says, but the Johnson Controls contract I found online at contains the following paragraph:

29. Assignment. Customer may not assign this Agreement without Company's prior written consent. Company may assign this Agreement without obtaining Customer's consent

Do the Terms and Conditions of the contract you had with Johnson Controls allow for Assignment?

Com Fire Alarm Contract (by dino [CA]) Posted on: Sep 13, 2021 2:35 AM

At first glance, I would concentrate on 3 issues.

#1--You said you previously informed them of the sale. Since you omitted how that was done, maybe it never occurred. Your recent contacts with them might be the first they are hearing about the sale. That would explain some things.

#2--Your buyer might be obligated under the terms of the sale to pay or reimburse you even if you are still listed as the customer if your buyer received the service. Check the terms of the sale.

#3--This is my favorite because it demonstrates how some companies (even big companies) have their sleazy lawyer intentionally create an entirely one-sided contract and then might try to get away with enforcing it when they might not have any legal right to do so. I would show your contract to a good lawyer that really knows contract law. There are some things that are simply not legally enforceable regardless if you agreed to them. If they must consent, often times they may not withhold that consent unreasonably so it might just be a matter of getting the paperwork done.

In the meantime, they figure they will play hardball with you. If they knew about the sale and were simply too lazy or incompetent to deal with the assignment, they might have created liability on their part.

Bottom line, check out what was supposed to happen according to the written documents including what was legally enforceable and what was not.

Lastly, I'm one of those people that actually reads contracts before I sign them. I know some people figure that if this big company uses this contract, well, then it must be fine to agree to, so they sign and never know what they just agreed to. Usually when I see some one-sided terms, I simply say: "Nice try but I'll pass on this agreement." Only once in over thirty years of doing this have they not immediately responded with something like: "We can change that, no problem." The one time the other company would not change their agreement, they said something like: "Everybody knows that's understood, we don't need to actually put it in writing." If you hear that line, check your wallet, your watch, and cellphone to be sure they were not just stolen by the company asking you to sign the agreement.

Com Fire Alarm Contract (by 6x6 [TN]) Posted on: Sep 13, 2021 5:46 PM


Com Fire Alarm Contract (by Ray-N-Pa [PA]) Posted on: Sep 13, 2021 7:47 PM

Well there seems to be some kinda communication break down.

Last years payment included notice that the building was selling and that the contract was being transferred. Tyco cashed the checked but didn't transfer the account. I paid for the buyers 2020 service. When the buyer called to schedule the annual service test, they logged him in as a new owner and a new customer. They then charged him.

This year they are charging him and me for the same alarm system. I have sent the alarm company emails and even a certified letter. The buyer has called in and has a refence number. Meanwhile I have called the collections dept and these folks don't care - they want $.

I can't force the company to assign the contract, but they should not be double charging for a single alarm system

Com Fire Alarm Contract (by dino [CA]) Posted on: Sep 14, 2021 4:19 AM

Apparently the people that received your payment only care about the payment. You gave them the opportunity to correct the problem. At this point I would attempt to alert the appropriate criminal prosecution agency to deal with fraud. That might get their attention.

In addition I would have an attorney notify them that he will be initiating a civil action.

No matter how you look at it, I don't see how double dipping can be anything other than highly illegal. Clearly the clerks that have been dealing with your contact have no interest in whether their actions are legal. It seems as though it will take legal action for someone higher up the chain of command to pay attention.

Personally I love situations like this where someone has left themselves wide open for legal action because they deserve to pay the price for their negligence.

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