Contracts & ExecutionQuestion 144 of 1632

A senior citizen (65 or older) who signs a home solicitation contract for disaster repairs after an emergency generally has a right to cancel of:

a.3 business days
b.24 hours
c.7 business days
d.No cancellation right applies

Explanation

The seven business days come from the disaster-repair rule, not from the buyer's age. Under Civil Code §1689.6(c), a home solicitation contract to repair or restore residential premises damaged by a disaster may be cancelled until midnight of the seventh business day after the buyer signs and dates it, whatever the buyer's age. The ordinary home solicitation window is three business days, and a senior citizen (65 or older) gets five business days, not seven (Civil Code §1689.6(a); B&P §7159(e)(6)(B)(ii) changes 'three' and 'third' to 'five' and 'fifth' in the required notice). One trap goes with it: under Civil Code §1689.14(a) a disaster-repair contract signed within seven business days of the disaster is void outright unless the buyer solicited it at the seller's place of business.

Law Reference: Civil Code §1689.6

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