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Altered Contract still binding?

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tinajarrett

Junior Member
What is the name of your state? Kansas

Here is the story...Back in May this guy who lives up the street stops me in my yard. He tells me he is a dealer for a home security company and wanted to know if he could put a sign in my yard for advertising. (my house sits on a corner) He said it would include a free alarm system. He asked if I owned the home and I said no. He asked if the landlord was pretty reasonable and would allow a system to be put in. I said probably and gave him her name and phone number. To make a long story short, he said there was no drilling when there was, he insisted he send a guy to install it that night. (his roommate was the tech), he said I HAD to sign up for automatic payment, he said even though the paperwork said it was a 3 yr contract it isn't. He said they are a new company and don't have their own agreements yet so they just use the standard forms from the monitoring company. He also told me that when Monitronics (the monitoring co.) called me that I was to tell them I am the home owner. The right to cancel in 3 days info was printed on the contract but there was no form to fill out and the only number on the paperwork was for a neighboring town. When I called Monitronics they did not have me in their system yet. When I called the number on the contract it was a residence. Finally someone at that number gave me a cell number for this dealer. I called him and he said he'd come by and talk to me. By then the 3 days were up. I told him I don't want a 3 yr contract and Monitronics said that's all they offer. He said that doen't apply to me that I only need to keep it for 6 months to a year so that if people ask about the sign I can tell them about the product. So when Monitronics calls and asks if I'm the homeowner I tell them no. A few days later Lanny the dealer shows up at my house wanting to know why I didn't tell them I'm the homeowner. I said because I'm not. So he tells me if they call back to tell them I rent to own or something like that. They never called back. So now it's been 7 months and I call Monitronics to cancel and they say I'm in a 3yr contract. So I call the dealer, thinking he can let them know I'm just an advertising location. He says he never told me that, he doesn't tell anyone that, that I knew it was a 3yr contract and I signed it, and the landlord signed it etc etc. Then he says he can get me out of it after 1yr. I told him I want that in writing. He said he'd leave something in my mailbox and of course never did. So I call Monitronics and tell them all of this. They say thier copy of the contract has my landlord's signature on it dated the same day I signed. I told them she said she never signed a contract and she was not here when I signed the contract. They tell me to file a police report, they'll send a copy of the contract they have. So I get the copy and it is the landlord's signature. I called her and she said Lanny gave her the same story. He told her she just needed to sign to give me permission because he was giving me a free system for putting a sign in the yard. By the way it was not "free" there was a $70 activation fee. And the sign is the same one that anyone gets when they have this security system. I have not yet filed a police report because what am I reporting if we both signed the contract?

1. I know the signed contract is binding and I should have known better than to believe what he was saying vs what was in writing.

2. I have reported this to the Better Business Bureau. He has 1 other complaint for "sales practices" that he never responded to.

Here is my question...

Is the contract still valid if it was altered? My copy does not match the copy the monitoring company has. Could this be a way to get out of this contract?

Also, if I close my bank account and stop paying the monthly fee, will the altered contract still mean I am obligated to pay that fee for the remaining 2 1/2 years?

Any advice would be much appreciated. I was stupid for doing this, but this guy is a liar and a cheat and I want out of the contract.
 



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