I made a deposit in October 2006 for my child to start at a Montessori school in Sept 2007. In Jan 2007, we changed our minds, and asked for a refund of the last month's tuition (I don't mind forfeiting the registration fee). The contract says that both the registration and last month's deposit are non-Refundable. I signed the contract. I have written a letter demanding refund of the tuition deposit on the grounds that they can offer the place to someone else and they have not offered any service in exchange for my deposit. I am also threatening them with legal action through small claims court. Do I have a case?
2007-03-13 06:36:38 · 6 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
I guess my question is whether I can challenge an unfair or unreasonable term in the contract.
2007-03-13 06:55:30 · update #1
Just a suggestion: this might be better posted in the legal section.
But to me, it seems that if they are able to fill the slot and aren't actually out any money, they should refund all but the registration fee.
2007-03-13 06:41:38 · answer #1 · answered by Heather Y 7 · 0⤊ 0⤋
I don't think you can challenge this one, unfortunately. You signed a legal document saying that the money was non-refundable. You will end up spending more money trying to challenge this than you would possibly get returned to you.
Unfortunately, the best thing to do is move on and forget about it. They don't have to give you the money back EVEN if your spot is replaced by someone else paying tuition. Since you signed that document stating non-refundable your chance is pretty much zero. And I don't think you can try to claim that it's an unfair or unreasonable contract term. A non-refundable deposit is pretty common and I don't think a judge would find it unreasonable.
2007-03-13 07:31:58 · answer #2 · answered by LittleRoo 4 · 0⤊ 0⤋
You can only challenge an unreasonable term in the contract if
1) they fooled you in some way
2) it is an essential service with limited providers eg they were the only daycare in the area so you were forced to agree to whatever terms they gave
I don't think you can get your money back.
2007-03-13 09:14:12 · answer #3 · answered by growing inside 5 · 0⤊ 0⤋
You absolutly do not have a case! You signed a written legal document that says you understand these terms. You can write letters until you are blue in the face, you will not win. By the way, I am glad you decided not to put your child in Montessori, they are a bunch of liberals.
2007-03-13 06:41:25 · answer #4 · answered by Anonymous · 0⤊ 2⤋
I don't think so. You signed the contract and it clearly states that it is non-refundable.
2007-03-13 06:42:02 · answer #5 · answered by *Just Married* 4 · 0⤊ 0⤋
No case at all. You agreed to the terms.
2007-03-13 06:58:25 · answer #6 · answered by KathyS 7 · 0⤊ 0⤋