entered into a contract for windows in my home with door to door sales person (13-jun-12) after consideration wanted to cancel contract, I did by sending a certified letter to seller on 18-jun-12 excluding the weekend this is within the 3 "business days" following signing the contract per A.S.R. 44.502 , they are saying that saturday was a business day, yet they did not stipulate business days in the contract or on website or anywhere exept to say call for days and hours.
The statute defines business days:
44-5002. Cancellation period; method of cancellation; intent; waiver void
A. In addition to any right otherwise to revoke an offer, the buyer may cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement subject to the provisions of this chapter. For the purposes of this chapter, "business day" does not include Sundays or the federal holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, or Washington's Birthday.
B. Cancellation shall occur when the buyer gives written notice of cancellation in person or by telegram to the seller at the address specified for notice of cancellation provided by the seller or when such written notice bearing such address is deposited in the United States mail by either ordinary mail or registered mail.
C. Notice of cancellation given by the buyer is effective if it indicates the intention on the part of the buyer not to be bound by the home solicitation sale.
D. Any provision of a contract, offer or agreement that waives a buyer's right of cancellation under this section is void and has no effect.
There may be some other protection in the sales agreement, but by statute Saturday is considered a business day.
This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210
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The statute you are referring to is actually ARS 44-5002. This statute states that "For the purposes of this chapter, "business day" does not include Sundays or the federal holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, or Washington's Birthday."
Thus, business day unfortunately DOES include Saturday.
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