Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Is Saturday considered a business day when it is referenced in a contract as "three business days to cancel"?
Thank you for the post, I am happy to assist you by answering your questions.
Yes, if the party issuing the contract conducts business on Saturdays. For example, if a auto dealership provides a three day right of rescission and is opened on Saturday and Sunday, both days count in the three day rescission period.
Please let me know if you need additional guidance.
This is a remodeling contractor who installs siding. Does this fall under the above description?
Yes, it would include Saturdays, but not necessarily Sundays unless specified by the contractor as a work day or the contractor generally works on Sundays.
What are my options since I gave verbal notice and tried to give written notice. He hung up when I tried to fax the written notice to his office.
Since then he has threatened a contractors lien, he said if he could not have the contract no one would. What do I need to do now besides get a good lawyer?
Have you sent the three day notice via certified mail? If not, you should consider doing so as it would establish the date of the notice, verbal three day notices are rarely recognized in court because it turns into he said, she said with the party offering the notice stating it was offered, and the other party denying ever receiving such notice.
If you have an email for the contractor that would be a viable form of delivering the notice as well, as you can prove the date and time sent to ensure it falls within the three day period.
No, I didn't send it via mail. I was going to fax it to his office. However, it was a long distance call and will show upon on my telephone bill as day and time, even though he hung up the fax machine answered.
The phone bill will only reflect that a call was placed, not what was stated during a call or whether the call was an attempt to fax a notice of cancellation. You should send the notice via mail, and because it is long distance, consider using expedited delivery service(s) (e.g. next day air) to ensure receipt before the expiration of the three day period.
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