July 17th, 2017 at 10:56 am
A – Saturday, because you count Friday as Day 1.
B – Sunday, because that’s 2 calendar days after Friday.
C – Monday, because the last day cannot fall on a Sunday.
D – Tuesday, because you don’t count weekends.
Answer: The correct answer is B or Sunday, which is 2 calendar days after Friday. The special rule for excluding Saturdays, Sundays, and legal holidays does not apply in this situation because the word, “days,” is not capitalized in paragraph 9B of the RPA. Saturday is a wrong answer, because Friday is Day 0, not Day 1. Monday is wrong too. The word, “days,” must have a capital “D” before the special rule kicks in for excluding weekends and holidays under paragraph 30F of the RPA. Tuesday is wrong, because, even under the special rule (not applicable here), you still include Saturday, Sunday, and legal holidays when counting days, but if the last day to perform falls on a weekend or legal holiday, the buyer or seller has until the next business day to perform.
-Thank you to Aaron Gaston (Ventura Office) for suggesting this week’s legal tip.
Copyright© 2017 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of July 17, 2017. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.
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