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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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I entered into a Real Estate contract on May 20, 2016,

Customer Question

I entered into a Real Estate contract on May 20, 2016, Charlotte North Carolina. The sellers was aware from the beginning I was a Veteran and using VA financing. The contract reads “This agreement is subject to the final inspection and approval of the property by the buyer 10 business days after the date this contract is received by the buyer”.
The Appraisal was done on June 1. I meet with them on June 2, 2015 the next day after the appraisal. I showed them my approval form the bank and asked them to sign the VA Addendum. The sellers refuse to sign. I told them it was a mandatory document, they refused and told me they would get back to me that afternoon. I never heard from them. We informed them we was withdrawing from the agreement the next day after not hearing from them. As we had a 10 business day contingency starting on May 21, and asked for our deposit be returned, they said they would not return our deposit, they are saying that Saturday is a business day, the contract only reads “Business Day” with no further definition. We believe that if the seller intended for Saturday to be a business day for the purpose of this contract it would state so or have a clear ending date. As such the ordinary meaning of Business day is Monday – Friday and some holidays. Please what is your opinion and is there any case law on this.
We have put in a claim in small claims court court date is July 7th.
I can be reached at(###) ###-#### ***** you
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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As a real estate attorney for over 15 years and a licensed Realtor for over 13, I can tell you definitively that Saturday is not considered a business day for purposes of contract law deadlines. Weekends are never considered business days and if a deadline falls on a Sat or Sunday, it rolls to the Monday for that being the last day.

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You don't need to wave around a stack of cases in front of the judge that have dealt with this issue as the judge will be fully aware that Sat is not a business day for purposes of a contract. It only counts if the contract says "calendar days".

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This is the NC General Assembly's definition of "business day" under North Carolina General Statutes 66-209:

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6) "Business day" means any day other than a Saturday, Sunday, or legal holiday. (1989, c. 746, s. 1; c. 770, s. 62.1(1), (2); 1991, c. 235, s. 1.)

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And again under North Carolina Code - General Statutes § 14-401.13.

Business Day. � Any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, and Good Friday. (1985, c. 652, s. 1; 1987, c. 551, ss. 1, 2; 1993, c. 141, c. 539, s. 282; 1994, Ex. Sess., c. 24, s. 14(c).)

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That is all you need to have to show the judge, if he even asks...

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thanks

Barrister

Customer: replied 5 months ago.
That was great - Thank you
Expert:  Barrister replied 5 months ago.

You are very welcome. Glad to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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