At a 70-year-old homeowner’s residence, a designer and the homeowner sign a home solicitation contract for custom draperies on a Friday, and the homeowner receives a copy. No holidays fall in the next two weeks. Until midnight of which day may the homeowner cancel?
Show answer & explanation
Answer: C
- Buyer is 70, so the period is 5 business days (Civil Code 1689.6).
- Business days exclude only Sundays and listed holidays; Saturday counts.
- Count from the Friday signing: Saturday = 1, Monday = 2, Tuesday = 3, Wednesday = 4, Thursday = 5.
- The right to cancel runs until midnight Thursday.
Tuesday: Applies the three-business-day period for buyers under 65.
Wednesday: Counts five calendar days, including Sunday, which is not a business day.
Thursday: Correct. Civil Code 1689.6 gives a senior citizen (65 or older, Civil Code 1689.5) until midnight of the fifth business day after signing. A business day is every calendar day except Sunday and listed holidays, so counting from Friday: Saturday, Monday, Tuesday, Wednesday, Thursday.
Friday: Skips Saturday, but Saturday counts as a business day under the Civil Code.
Home solicitation contracts may be cancelled until midnight of the third business day, or the fifth for buyers 65 and older; Saturdays count, Sundays do not.