Legal Question in Business Law in Ohio

What is a bussiness day?

I've signed a contract to have a wooden deck built on 05/17/2007 (thursday) and paid a deposit in the amount of $720.00. Due to some unprecedented circumstances, I have cancelled the contract by hand delivering a written notice on 5/22/2007 (Tuesday) but the contracter is disputing that cancellation is not in compliance with the buyers right to cancel and is not willing to refund the deposit. Buyers right to cancel as written on contract states ''Buyer may choose to cancel this contract by dellivering written notice to the seller at any time prior to midnight of the third business day after the date written above.'' Even though contract does not specify sellers business hours, contractor claims that they are open on saturday 9:00 am thru 3:00 pm, sunday 12:00 am thru 3:00pm and monday thru friday available only by appointment and is implying that the weekend days are also considered as business days per state law in Ohio. Does it mean I should have cancelled by sunday (05/20/2007) to get my deposit back? Please advice how to go about it.


Asked on 8/21/07, 12:24 pm

1 Answer from Attorneys
Bradley Miller Miller Law LLC

Re: What is a bussiness day?

I will assume in this case that the deck was for your residence and so you are a consumer in that regard. Based on that, the common usage of the term "business days" is to refer to Monday through Friday. Otherwise, there would be no distinction between business and regular days.

When there are terms in a contract that are ambiguous, assuming for a moment that there is some ambiguity over the meaning of "business days," generally the terms are resolved in favor of the party that did not create the contract. I assume here that you used the company's contract and language.

Based just on what you have stated, it sounds like you have a good case for getting your deposit back. In the case where a party is being stubborn, sometimes simply having an attorney call or write a letter can get action. You should probably speak with an attorney who can go over the options available to you and contact the company on your behalf.

If you have any further questions or would like to talk more specifically about your situation, feel free to contact me.

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Answered on 8/21/07, 1:36 pm


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