A homeowner signs a $12,000 roofing contract at their residence on Friday at 3:00 PM. They decide to cancel on the following Monday at 10:00 AM. Is this cancellation valid?
Correct Answer
D) Yes, the 3-day period expires Monday at 11:59 PM
The 3-day right to cancel period runs until 11:59 PM of the third business day. Friday, Saturday, Sunday, then Monday at 11:59 PM would be the deadline.
Why This Is the Correct Answer
Under California's Home Solicitation Sales Act (Civil Code 1689.5) and B&P Code 7159, the homeowner has 3 business days to cancel. The contract was signed Friday. The 3 business days are Saturday, Sunday, and Monday (all count as the 3 days since the right to cancel runs by calendar days in this context, through 11:59 PM of the third day). The cancellation deadline is Monday at 11:59 PM. Since the homeowner canceled Monday at 10:00 AM, the cancellation is valid.
Why the Other Options Are Wrong
Option A: No, the 3-day period expired Sunday at 3:00 PM
Sunday at 3:00 PM is incorrect. The cancellation period does not expire at the same time of day the contract was signed. It runs through 11:59 PM of the third day, not at the clock time of signing.
Option B: No, the 3-day period expired Sunday at 11:59 PM
Sunday at 11:59 PM is incorrect because Sunday would only be the second day (Saturday = day 1, Sunday = day 2). Monday is the third and final day, so the deadline extends through Monday at 11:59 PM.
Option C: Yes, the 3-day period expires Tuesday at 3:00 PM
Tuesday at 3:00 PM is wrong on two counts: it gives an extra day beyond the 3-day period, and it incorrectly uses the time of signing rather than 11:59 PM.
Memory Technique
Count three fingers starting the day after signing: Fri sign → Sat (1) → Sun (2) → Mon (3, deadline at 11:59 PM). The right to cancel always ends at midnight (11:59 PM), never at the signing hour.
More California Questions
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Under California Civil Code Section 8180, when must a subcontractor serve a preliminary notice on a private work project?
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