Do we have to pay entire tuition because we missed deadline to withdraw from school?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Depends on the state. Some states impose a duty to mitigate damages on the school, meaning they need to take steps to fill your spot and if they do you're off the hook. Some states flat out reject that contract language as an impermissible penalty. Some states enforce it. May be worth a quick consult with a lawyer.

My understanding is that basic contract law imposes a duty to mitigate.

Right - my thought too. You should only have to pay a prorated amount until they fill the spot. Period.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP--what were the reasons for your breach? TBH, you are better off just paying if your reasons for not paying are flimsy. They will sue you and and very likely win. If you lose, you're on the hook for paying your attorney for his time AND their attorney--if a judge decides to.

Bottom line-unless you were being held hostage in a bunker or in a hospital with a terminal disease during those 6 weeks, no court is going to rule in your favor.

The court of yelp and public opinion will and embarrass the school. Sad that money is more important than the happiness of their key kids.

Parents can spot a disgruntled person on Yelp. I'm not sure it does any good.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP--what were the reasons for your breach? TBH, you are better off just paying if your reasons for not paying are flimsy. They will sue you and and very likely win. If you lose, you're on the hook for paying your attorney for his time AND their attorney--if a judge decides to.

Bottom line-unless you were being held hostage in a bunker or in a hospital with a terminal disease during those 6 weeks, no court is going to rule in your favor.

The court of yelp and public opinion will and embarrass the school. Sad that money is more important than the happiness of their key kids.

I'm sure it felt good to say that, but it's not based in reality at all. It costs money to run a school. The administration has to hire teachers and purchase supplies based on the expectation of a certain number of students attending the school. Once those teachers have contracts and other sunk costs have been incurred, the school needs those students' tuition money to cover the costs. A few kids dropping out at the last moment without replacements can have a huge impact on the school's finances and can harm everyone else's experience if the school doesn't require them to fulfill their obligations under the contract. That's why there are withdrawal deadlines in these contracts, so the schools can plan appropriately.

[Anonymous]

Usually the for profit Montessori have these penalties because many parents want to move to play based after they see the truth.

[Anonymous]

Anonymous wrote:Schools have budgets to manage to carry out their programs and they have families sign contracts to ensure they can fulfill their financial obligations to their staff members and the cost of the programming. They are under no obligation to let you out of the tuition because they have already ordered materials and hired staff based on the number of enrolled children on that June date. Even if another child takes the spot, the school does not have to release you from the terms of the contract. If they don't hold families to their obligations they would never be able to set a budget.

If a school budgets based on a certain number of pupils and one drops out but is still paying, then another student takes their place it would create a surplus (which is probably why they created this contract. That or they have little faith that parents would willingly keep their kids enrolled)

[Anonymous]

It is simply not fair of someone to sign a contract for their child to attend a school and then change their mind if something "better" comes along. How would you feel if you got a call from a school in August telling you that even though they promised you a spot, they changed their mind and you can't come to the school? Basically, you are being unethical by promising to attend and pay tuition and then not following through.

[Anonymous]

It's sad that people like OP have kids. Can't imagine what little brats they are.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The thing is that you agreed to fill the spot and pay for it. At this point they have to find a replacement at a very late hour or force you to pay. Maybe if you can find a replacement, they'll let you off the hook. Otherwise, a contract is a contract and you're on the hook.

Have you ever even been near a contracts law class?

I bet OP is a Democrat. Free stuff please.

[Anonymous]

OP, are you really saying that it is okay for you to screw a school that is counting on your tuition by refusing to pay after they have reserved a space for your child? Sounds like you are setting a great example for your kid to follow.

[Anonymous]

Anonymous wrote:Usually the for profit Montessori have these penalties because many parents want to move to play based after they see the truth.

NP here. Hey, I'd really appreciate it if you could stop sock puppeting the thread. It's not adding anything.

[Anonymous]

Anonymous wrote:Ask a friend to contact them to see if they have any openings. Say they just moved into the area and need care for a two year old. If they respond no vacancy, you might have a reasonable cause that they aren't attempting to mitigate (or already filled).

wow! that's a great idea!!!

[Anonymous]

Anonymous wrote:

Anonymous wrote:Usually the for profit Montessori have these penalties because many parents want to move to play based after they see the truth.

NP here. Hey, I'd really appreciate it if you could stop sock puppeting the thread. It's not adding anything.

Is that true or not?

[Anonymous]

It's too bad the parties in this case didn't have a written agreement that spelled out exactly how and when money would become due given the circumstances OP describes. Like a contract or something that evidences a "meeting of the minds" of the parties entering into the contractual agreement. Wait, what? There was a signed agreement? Well, there you are dear OP; there's your answer.

[Anonymous]

Gross, I would be turned off with a place who has to force you in for a year.If a place is good enough and has a wait list a 30 day notice would suffice.

[Anonymous]

Wow, I guess our preschool is the exception. We are a play based preschool in NoVA.

We are required to pay the May tuition upfront and then you have until June 1st to withdraw. After that, you forfeit the deposit. You are not required to pay the entire tuition or look for a replacement.

We also budget for the fact that the school will not be full and may have an opening or two, especially in the older classes. We realize the area is very transient and people are always moving in and out. There are years, we have lost families mid year and have taken a hit. But if the school budgets accordingly, it should be able to plan for these events and its not a huge financial strain.