Reply to Any experience of walking away from a school contract?

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[quote=Anonymous][quote=Anonymous]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. [/quote]

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. [/quote]

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