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

[Anonymous]

My husband and I originally paid for $750 security deposit for 2015 academic year of nursery school for our 2 year old, but decided to withdraw. Here is the program: because we were "6 weeks late" in submitting a withdraw letter after the deadline (June 1, 2015 was the deadline and we submitted a letter on the second week of July), they are asking us to pay the entire tuition of over $6,000. We already took $750 security deposit but they are demanding $6000 on top of the security deposit. School has not even started yet ....and we have no intention of having my daughter go to the school.

This nursery school makes all prospective parents to sign a contract requiring them to pay for the entire tuition, unless you express an intention of withdrawal before June 1, 2015. But I don't think all of us can reasonably do that. Does anyone have a similar situation? Who should we contact to resolve this?

[Anonymous]

Your bank. You signed a contract, now you have to stick to it.

[Anonymous]

You signed a contract. If they can't fill the space, you're absolutely on the hook. If they can fill the space, you might be able to cut a deal with them to pay only a portion.

[Anonymous]

They can absolutely sue you for the money if the contract has a 6-week clause. The best thing to do would be to find another family to take your place - try your listserve or other mom boards in your area.

Alternatively, is there something about the school that you can point to that made you change your mind? If there was neglect or some wrongdoing on their point, you might have an argument.

[Anonymous]

You signed a contract. If they can't fill the space, you're absolutely on the hook. If they can fill the space, you might be able to cut a deal with them to pay only a portion.

+1

[Anonymous]

Yes

[Anonymous]

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.

[Anonymous]

Totally normal practice OP. Same as for private schools.

[Anonymous]

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.

[Anonymous]

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.

[Anonymous]

Anonymous wrote:Your bank. You signed a contract, now you have to stick to it.

No. No. No in this area DC, va, and MD they have a duty to mitigate... With all these waitlists they can't fill your spot? Hogwash

[Anonymous]

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?

[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.

Wrong

[Anonymous]

Anonymous wrote:

Anonymous wrote:Your bank. You signed a contract, now you have to stick to it.

No. No. No in this area DC, va, and MD they have a duty to mitigate... With all these waitlists they can't fill your spot? Hogwash

Not all schools have waitlists for all classes. Sometimes a school will have a long waitlist for one age level, but then one or two open spaces for another.

[Anonymous]

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.