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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88425
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I signed a contract with Going Green Solar on Wednesday. On

Customer Question

I signed a contract with Going Green Solar on Wednesday. On Thursday they installed a solar water heater, solar panel and blew sealant in my ducts. The contract is for $13,000. Today is the 3rd business day. I have already sent them an email and talked to them on the phone. Since they have done the work, can I still cancel the contract?
Submitted: 12 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Arizona does not have an automatic three day right of rescission law, contrary to what most consumers believe. If they have already performed on your contract, you need to read your contract to see your cancellation rights, since they have done the work and have incurred the costs and expenses of doing so and unless your contract specifies they give a money back guarantee if not satisfied, I am afraid you are going to be bound by the contract that you signed or agreed upon for them to do the work.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88425
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 12 months ago.

I signed the contract on Wednesday, July 10th. The contract for the solar unit and the duct seal says I can cancel the contract within 3 business days if I mail or deliver a signed and dated copy of the cancellation notice or any other written notice to the business. They are counting Saturday, the 13th as a business day. Even if that is true, on Saturday I sent an email to them telling them that I cancelled. It was not signed but I did type in my name on the email. On Monday I signed and dated the cancellation notice and delivered it to them. Does either of these efforts meet their conditions for cancellation?

Customer: replied 12 months ago.
Relist: Incomplete answer.
The solar contract I signed on Wednesday July 10th said I could cancel the contract by mailing or delivering a signed and dated copy of the cancellation notice or any other written notice to them. On Saturday, July 13, I sent them an email telling them that I am cancelling. I didn't sign it, I typed my name. And the email had a date on it. On Monday the 15th, I signed and dated the contract and delivered it to them. They are counting Saturday as the third working day although I don't think they were open. Does either of these efforts meet their criteria?
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your response.

Even if the contract had a 3 day cancellation clause, if they performed the work already, then under the law there is what is known as the "equitable theory of quantum meruit" which means "for the work done." As they already did the work, which you said above, then they would legally be entitled to pay for the work.

Had you cancelled within the 3 days before they did the work, then you would have grounds to sue for your money back if you gave them notice before the work was done. The 3 day notice is 3 calendar days, unless the contract specified it was 3 business days notice.
Customer: replied 12 months ago.

The contract says 3 business days, but they are counting Saturday as a business day, although I don't think they were open last Saturday as I called them and emailed them. The contract says "if you cancel you must make available...any goods delivered to you under this contract". It seems to me this implies that the contract can be cancelled after the goods (solar heater, solar panel) have been installed. The real item seems to be the work of sealing of the duct work. But the contract is very simple. It says "you may cancel this transaction, without penalty or obligation, within three business days". That allows for no wiggle room of work done or not done I think. What do you think?


 


And is my email on Saturday cancelling good enough? Or if they were not open can they count Saturday as a work day? Those are my main questions.

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for clarifying what the contract states.

The problem is that even though it says 3 business days, you now expect to cancel the contract AFTER they did the work. Had they showed up and you stopped them from doing the work, you would have had a leg to stand on because Saturday is not a normal business day and their contract said business days. However, you let them do the work and they did the work so they encountered costs now and that is going to still be the problem with you now trying to cancel.

However, if they merely delivered goods and did no work, then the Saturday you emailed them notice to cancel and they did the work anyhow, then you have the argument you cancelled in time.
Customer: replied 12 months ago.

The contract was signed on Wednesday, the work was done on Thursday and I cancelled on Saturday. In addition to the three days the contract says, the salesman wrote by hand that I had until Friday to cancel. It seems that they are implicitly acknowledging that the contract can be cancelled after the work has been done. It says I can cancel with no obligation. No obligation means no obligation to me, whether they insisted on doing the work the next day or not. What do you think?

Expert:  Law Educator, Esq. replied 12 months ago.
I think with this new information, that you had until Friday to cancel and you cancelled on Saturday, that you are likely not going to win this argument since they are counting the day it was signed as day one, day 2 was Thursday and day 3 was Friday. If the salesman wrote Friday on the contract as the cancellation deadline this is still going to be an issue for you legally.

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