Contracts & ExecutionQuestion 135 of 1632

A homeowner signs a $9,000 home improvement contract at their kitchen table on a Tuesday and is handed a signed, dated copy the same day. By when must the homeowner deliver a written cancellation notice for the cancellation to be valid?

a.By midnight of the third calendar day after the contract is signed
b.By midnight of the next business day after receiving the copy
c.By midnight of the seventh business day, as after a disaster
d.By midnight of the third business day after receiving the signed copy

Explanation

Civil Code §1689.6(a)(2) gives the buyer of a home improvement contract until midnight of the third BUSINESS day after receiving a signed and dated copy of it. The clock runs from receipt, not from the stroke of the pen, and business days exclude Sundays and holidays - so counting three calendar days is the common error, and the next business day is no one's deadline. Seven business days is a real period, but §1689.6(c) attaches it to repairs after a declared disaster; five business days is the period for a buyer aged 65 or older.

Law Reference: Civil Code §1689.6(a)(2), §1689.6(c); Bus. & Prof. Code §7159

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