UrbanBaby

07.16.08, 05:42 AM New York City
24 replies

A continuation of a recent thread. Wonder if there is a lawyer of someone else that has been though this. Was in a private for a long time. Applied to a public. Found out we got into the public AFTER the date to tell the private (with in hours). Told the private immediately (didn't give ourselves a minute to think to not hurt the school). They have our deposit. If we had told them by the date we would have owed 50% of the tuition. We missed it by a day. We offered a nice donation. They want 100%!!!!!! I agree a contract is a contract. They don't even need to fill the spot because they over accepted. But can fill the spot in a heart beat. This all happened back in May....so plenty of time. Do I have a leg to stand on? Will they sue us? Thank you in advance. I know all this has been asked before but felt the situation was a bit different. [ Reply | Watch | Flag ]
New York City 07.16.08, 05:42 AM Flag

Dear UrbanBaby community,

Thank you so much for being a valued member of the UrbanBaby community. We wanted to inform you that we are shutting down the site on July 6th. We are grateful for your participation and support that has helped make UrbanBaby such an important resource to parents for many years.

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UrbanBaby Support

Someone posted yesterdy about their friend who took the school to court on this issue and won and won again at appeal. The basis was as the school hadn't lost out financially they had no right to demand the full years tuition. Search for your post from yesterday. [ Reply | More

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General Topics 07.16.08, 05:47 AM Flag

This is true. The school is at no financial loss, therefore there is nothing to "cure". [ Reply | More

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General Topics 07.16.08, 06:33 AM Flag

Someone just posted their experience yesterday. They refused to pay, school took them to court and lost [ Reply | More

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General Topics 07.16.08, 05:47 AM Flag

a contract is a contract [ Reply | More

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General Topics 07.16.08, 05:50 AM Flag

Just seems weird that you expect a refund - didn't you sign a contract? Does the contract apply to everyone BUT you? What if the school rescinded its acceptance of your child in May? [ Reply | More

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General Topics 07.16.08, 05:58 AM Flag

I don't expect to get out of the contract. I expect consideration.....which is part of a contract process. I certainly had consideration of them every time a teacher left mid year or a class wasn't what it was suppose to be. I had consideration. [ Reply | More

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General Topics 07.16.08, 06:22 AM Flag

"consideration" as a legal contract term does not mean "being thoughtful of others". It means the quid pro quo for sealing the deal and demonstrating the meeting of the minds which was your original contract. Here, think "consideration" means they give your child a coveted seat in their school and in exchange for school doing that you give them $$. [ Reply | More

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General Topics 07.16.08, 08:23 AM Flag

np: then OP would have been harmed. Where is the harm in OP's dc leaving? [ Reply | More

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General Topics 07.16.08, 06:51 AM Flag

think of all the money you're saving in later years. [ Reply | More

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General Topics 07.16.08, 06:00 AM Flag

Appreciate your thoughts. I guess I believed that your in a contract with a school and a relationship. The school had MANY mishaps during our years there. We were understanding. Now at a very late date (after we signed the contract) we had a mishap of our own. We told them the second we heard. It was one day after the date. I would have thought at worst they would have us pay the 50%. I think it says something about a school that they don't bend. I wouldn't expect them to break the rule entirely. I was just wondering if anyone had a legal point on this. [ Reply | More

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General Topics 07.16.08, 06:18 AM Flag

I don't understand. What kind of "mishaps" could a school have? [ Reply | More

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General Topics 07.16.08, 07:22 AM Flag

Schools have mishaps all the time. Teachers leave. Teachers don't have a good year. Classes don't go as planned. I have two children in upper grades and there are mishaps. No school is perfect and every year and every class is not always a good one. [ Reply | More

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General Topics 07.16.08, 02:18 PM Flag

NYT article a few weeks back about a family paying Little Red, where their child did not attend. They were able to negotiate a slight discount and make the payment over 2 years. [ Reply | More

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General Topics 07.16.08, 06:15 AM Flag

yes, that was a K family. We are high school. We have a very long standing relationship. Thought we would have gotten some recognition. I don't think telling them 24 hours later hurt them. [ Reply | More

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General Topics 07.16.08, 06:20 AM Flag

that's different than having no prior relationship at all. they should refund. [ Reply | More

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General Topics 07.16.08, 08:32 AM Flag

You can get out of it with the exception of your deposit. They can't make you pay tuition for a year when all available spaces are filled. The clause is intended to bind parents to their commitment to go to the school. They don't want a bunch of people just dropping out all over the place or changing their minds when they get accepted to another private. [ Reply | More

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General Topics 07.16.08, 06:32 AM Flag

Is this a legal answer? Can they sue? [ Reply | More

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General Topics 07.16.08, 06:48 AM Flag

Not asking for our deposit back? Offered a check just not full tuition (a check closer to the deposit). [ Reply | More

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General Topics 07.16.08, 06:57 AM Flag

If you think you do not need to maintain a relationship with this school (ie...you , in no way, can imagine ever sending DC back there or another child or thnk that DC would never care about being a legacy), call your family lawyer (even an estates lawyer) or a lawyer friend and have them send a letter. You would probably prevail in court, but schools have notoriouosly long Institutional memories. [ Reply | More

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General Topics 07.16.08, 08:20 AM Flag

I had this situation with CADS, and they didn't ask us to pay the years tuition. [ Reply | More

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General Topics 07.16.08, 02:56 PM Flag

Sorry, what is CADS? [ Reply | More

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General Topics 07.16.08, 03:34 PM Flag

We are at CADS. The director is very nice about this. She has never held anyone to their contract. I know a few people who moved mid year and didn't have to pay for the second half of the year. She is just nice that way, though. The contract does state that you are on the hook for the whole year. [ Reply | More

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General Topics 07.17.08, 06:44 AM Flag

What is CADS? [ Reply | More

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General Topics 07.17.08, 11:31 AM Flag

Children All Day School. [ Reply | More

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General Topics 07.17.08, 04:11 PM Flag