I signed a contract for air conditioning service. I then got a better deal and cancelled the first contract within the 3 (three) business days as stated. I was then sent a bill for almost $1,000.00 stating that I didn't cancel in time because Saturday counted as a business day. The contract didn't specify that the three business day cancellation provision included Saturdays. Is the contract enforceable? No work was performed.
Estate Planning Attorney
It all depends on the contract; a contract that has been drafted properly will include definitions.
First look to the contract, if it contains a definition for business days, then that is what will control.
Now look at the definition, since a lawyer probably drafted it, and contract lawyers enjoy their weekends, it probably does not include Saturday as a “business day.”
If the contract is silent as to the definition, then the contract term is ambiguous, and open for interpretation. (Typically by a judge)
You argument will be that in the “normal” use of the term, business days are Monday – Friday and does not include Saturday, otherwise why would there be a distinction. And that was your understaninding at the time of contract formation.
Their argument would be that “business days” would include all days that they are open.
The good news is that ambiguities are charged against the drafter, because if they wrote it, they should have been more precise.
It appears that the company is trying to push you around. A well drafted letter from an attorney will probably push back hard enough for them to return your deposit. I need more information, in order to advise you more.
Good Luck, if you found this helpful, click on the “thumbs up” below, and should you need any more assistance, please feel free to contact me.
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Sam Mansoor, Attorney
Mansoor Law Firm, PLLC
116 R Edwards Ferry Rd NE
Leesburg, VA 20176
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If you are referring to the statute about canceling a home solicitation contract, it does not define business day. If the contract does not define it, the only definitions I can find in the Code of Virginia that deal with trade and commerce state the a business day means any day except Sunday or a legal holiday. You may have a problem. Consult an attorney to try to defend if you are sued.
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Mitchell P. Goldstein
Richmond, VA 23230