Any experience of walking away from a school contract?

[Anonymous]

Anonymous wrote:

Anonymous wrote:We transferred to a different private in the summer and honored our obligation to pay the full tuition to the school we had previously been enrolled at and had committed to for that school year. It never occurred to us not to pay. Also, the new school would not actually enroll our son until they had the information from the other school that we had honored our commitment.

This is a fairly common practice. The schools have extensive, long-term relationships and are often very supportive of each other.

That’s another way of saying “schools engage in anticompetitive behavior in violation of Section 1 of the Sherman Act.”

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:A school won’t necessarily fill a spot even if there is a waitlist.

We are on a waitlist for an expansion year. But we know there is empty space and the school is actively soliciting applications for that grade. And it sucks but I understand that the school is trying to fill a specific spot and my DS isn’t right for that spot.

So you can drop out but the school may not be able to easily fill the spot while hitting their other goals.

Don’t know how that influences “duty to mitigate”. Maybe school says there is not an equivalent student seeking admission.

OP, try and get out your contract and let us know what happens. Might be helpful for the next person.

It means if the school has a qualified applicant ready, willing, and able to pay in full before the school year starts, then there aren’t any damages. The fact that the applicant was waitlisted rather than denied is a strong indicator that the candidate is qualified, even if the candidate isn’t the school’s first choice.

It’s just like landlords who have a tenant who broke the lease. If an applicant who meets objective criteria (ie passes credit and background check) is willing to sign a lease, the landlord can reject that applicant but then waives the right to seek damages from the tenant.

You may get there, but this would be in the context of a lawsuit, not you trying to explain to the school whose contract you breached that they don't have damages. They are going to sue you.

Not really. It would be in the context of their in house or outside counsel advising them of the likelihood of success and thus whether it’s worth going after a family for tuition.

That's not how that works. It takes nothing for a school to send out a claim letter with an intent to sue and then a complaint if their letter isn't answered. They aren't hiring counsel for this - they have a firm that does this when nececessary as part of whatever other legal responsibilities they have to the school. They are just going to send the letter and/or complaint and see what happens next. They wouldn't even bother having contracts if they weren't willing to enforce them.

What’s a “claim letter”?

There’s a reason you don’t see many schools or colleges suing their families for tuition when they withdraw.

[Anonymous]

Anonymous wrote:

Anonymous wrote:We transferred to a different private in the summer and honored our obligation to pay the full tuition to the school we had previously been enrolled at and had committed to for that school year. It never occurred to us not to pay. Also, the new school would not actually enroll our son until they had the information from the other school that we had honored our commitment.

Wait.. Please give more details. The DOJ is actively investigating these types of incidents at independent Schools. I would encourage you to contact the antitrust division if this is true.

This is not the issue that DOJ is investigating. No school wants to take on a family who willingly walks away from contractual financial obligations. Independent schools are private institutions and free to choose who they want to enter into financial relationships with. If they hear from another school that a family is willfully in breach of the tuition contract, that is a red flag and reason to reconsider their relationship with that family.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We transferred to a different private in the summer and honored our obligation to pay the full tuition to the school we had previously been enrolled at and had committed to for that school year. It never occurred to us not to pay. Also, the new school would not actually enroll our son until they had the information from the other school that we had honored our commitment.

Wait.. Please give more details. The DOJ is actively investigating these types of incidents at independent Schools. I would encourage you to contact the antitrust division if this is true.

This is not the issue that DOJ is investigating. No school wants to take on a family who willingly walks away from contractual financial obligations. Independent schools are private institutions and free to choose who they want to enter into financial relationships with. If they hear from another school that a family is willfully in breach of the tuition contract, that is a red flag and reason to reconsider their relationship with that family.

The new school would only “hear from” the other school if they’re working together as competitors.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We transferred to a different private in the summer and honored our obligation to pay the full tuition to the school we had previously been enrolled at and had committed to for that school year. It never occurred to us not to pay. Also, the new school would not actually enroll our son until they had the information from the other school that we had honored our commitment.

Wait.. Please give more details. The DOJ is actively investigating these types of incidents at independent Schools. I would encourage you to contact the antitrust division if this is true.

This is not the issue that DOJ is investigating. No school wants to take on a family who willingly walks away from contractual financial obligations. Independent schools are private institutions and free to choose who they want to enter into financial relationships with. If they hear from another school that a family is willfully in breach of the tuition contract, that is a red flag and reason to reconsider their relationship with that family.

The new school would only “hear from” the other school if they’re working together as competitors.

Not true. Schools always ask for references regarding student applicants. Those references include questions about family involvement and overall relationship with the school.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We transferred to a different private in the summer and honored our obligation to pay the full tuition to the school we had previously been enrolled at and had committed to for that school year. It never occurred to us not to pay. Also, the new school would not actually enroll our son until they had the information from the other school that we had honored our commitment.

Wait.. Please give more details. The DOJ is actively investigating these types of incidents at independent Schools. I would encourage you to contact the antitrust division if this is true.

This is not the issue that DOJ is investigating. No school wants to take on a family who willingly walks away from contractual financial obligations. Independent schools are private institutions and free to choose who they want to enter into financial relationships with. If they hear from another school that a family is willfully in breach of the tuition contract, that is a red flag and reason to reconsider their relationship with that family.

The new school would only “hear from” the other school if they’re working together as competitors.

Not true. Schools always ask for references regarding student applicants. Those references include questions about family involvement and overall relationship with the school.

It would be a very bad idea for the sending school to share the contract information with the taking school because it can create the appearance of an agreement.

[Anonymous]

We did. Husband had two years left on military orders, which were cancelled and new ones issued. School wouldn't let us out, nor would tuition insurance cover it. Just didn't go on vacation that year...

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We transferred to a different private in the summer and honored our obligation to pay the full tuition to the school we had previously been enrolled at and had committed to for that school year. It never occurred to us not to pay. Also, the new school would not actually enroll our son until they had the information from the other school that we had honored our commitment.

Wait.. Please give more details. The DOJ is actively investigating these types of incidents at independent Schools. I would encourage you to contact the antitrust division if this is true.

This is not the issue that DOJ is investigating. No school wants to take on a family who willingly walks away from contractual financial obligations. Independent schools are private institutions and free to choose who they want to enter into financial relationships with. If they hear from another school that a family is willfully in breach of the tuition contract, that is a red flag and reason to reconsider their relationship with that family.

They literally have accreditation standards that say shit like this. They are anticompetitive and unethical. End of discussion.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:A school won’t necessarily fill a spot even if there is a waitlist.

We are on a waitlist for an expansion year. But we know there is empty space and the school is actively soliciting applications for that grade. And it sucks but I understand that the school is trying to fill a specific spot and my DS isn’t right for that spot.

So you can drop out but the school may not be able to easily fill the spot while hitting their other goals.

Don’t know how that influences “duty to mitigate”. Maybe school says there is not an equivalent student seeking admission.

OP, try and get out your contract and let us know what happens. Might be helpful for the next person.

It means if the school has a qualified applicant ready, willing, and able to pay in full before the school year starts, then there aren’t any damages. The fact that the applicant was waitlisted rather than denied is a strong indicator that the candidate is qualified, even if the candidate isn’t the school’s first choice.

It’s just like landlords who have a tenant who broke the lease. If an applicant who meets objective criteria (ie passes credit and background check) is willing to sign a lease, the landlord can reject that applicant but then waives the right to seek damages from the tenant.

You may get there, but this would be in the context of a lawsuit, not you trying to explain to the school whose contract you breached that they don't have damages. They are going to sue you.

Not really. It would be in the context of their in house or outside counsel advising them of the likelihood of success and thus whether it’s worth going after a family for tuition.

That's not how that works. It takes nothing for a school to send out a claim letter with an intent to sue and then a complaint if their letter isn't answered. They aren't hiring counsel for this - they have a firm that does this when nececessary as part of whatever other legal responsibilities they have to the school. They are just going to send the letter and/or complaint and see what happens next. They wouldn't even bother having contracts if they weren't willing to enforce them.

Sorry, who do you think writes the claim letter? And why do you think it's included in some sort of flat rate?

[Anonymous]

You can look in public records to see that schools do enforce their contracts.

[Anonymous]

-Are you leaving the country?
-Are are you facing bankruptcy or some other extreme financial situation that leaves you unable to pay your contractual obligations?
-Did the school do something in violation of its obligations to your child?

If no, you probably have to pay.

[Anonymous]

Anonymous wrote:We did. Husband had two years left on military orders, which were cancelled and new ones issued. School wouldn't let us out, nor would tuition insurance cover it. Just didn't go on vacation that year...

That sucks, as it was completely out of your control. If the school filled that spot they should have worked with you. I thought unexpected job transfers were one of the main exceptions, especially considering a military family.

[Anonymous]

I know someone who withdrew and had to pay the entire school year tuition. (sued for they money so paid the money and the attorney fees).

[Anonymous]

Anonymous wrote:We did. Husband had two years left on military orders, which were cancelled and new ones issued. School wouldn't let us out, nor would tuition insurance cover it. Just didn't go on vacation that year...

If this were us, I'd be lighting up this board with the name of the school. Very bad look for whichever place did this to a servicemember.

[Anonymous]

Anonymous wrote:

Anonymous wrote:We did. Husband had two years left on military orders, which were cancelled and new ones issued. School wouldn't let us out, nor would tuition insurance cover it. Just didn't go on vacation that year...

That sucks, as it was completely out of your control. If the school filled that spot they should have worked with you. I thought unexpected job transfers were one of the main exceptions, especially considering a military family.

They might have a claim for unjust enrichment if they filled the spot