<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by limibe:
On the evening of Friday, August 25, a salesman came to my home in Minnesota and talked me into signing up for a subscription of a magazine. The form I signed indicated I had 3 business days to cancel the contract. On Saturday, August 26, I sent a notice of cancellation to the office manager based in Michigan. Recently I received a letter from him stating that he did not receive my cancellation notice until the morning of Tuesday, August 29, and therefore my cancellation notice was not valid. Which days are included as business days? Is my cancellation notice valid? <HR></BLOCKQUOTE>
My response:
Minnesota Statutes:
645.15 Computation of time.
Where the performance or doing of any act, duty, matter,
payment, or thing is ordered or directed, and the period of time
or duration for the performance or doing thereof is prescribed
and fixed by law, the time, except as otherwise provided in
sections 645.13 and 645.14, shall be computed so as to exclude
the first and include the last day of the prescribed or fixed
period or duration of time. When the last day of the period
falls on Saturday, Sunday or a legal holiday, that day shall be
omitted from the computation.
325G.07 Buyer's right to cancel.
In addition to any other rights the buyer may have, the
buyer has the right to cancel a home solicitation sale until
midnight of the third business day after the day on which the
home solicitation sale occurs. Cancellation is evidenced by the
buyer giving written notice of cancellation to the seller at the
address stated in the agreement or offer to purchase. Notice of
cancellation, if given by mail, is effective upon deposit in a
mailbox, properly addressed to the seller and postage prepaid.
Notice of cancellation need not take a particular form and is
sufficient if it indicates, by any form of written expression,
the intention of the buyer not to be bound by the home
solicitation sale.
The key phrase is: " . . . is effective upon deposit in a mailbox . . . " In other words, it makes no difference when they "receive" the cancellation - - it could be 3 months later; it doesn't matter!!
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited September 19, 2000).]
