Rebate of Prepaid fees

[Thomas A. Kopitnik]

Florida ; I belonged to a golf club for several years and have been paying a prepaid trail fee for my private golf cart. About two weeks ago the golf course was purchased by two individuals who immediately raised the dues 25%. However, they stated to the bookeeper that they would refund the prepaid fees to anyone who wished to terminate their membership. We terminated our membership, but were only rebated 50% of the amount we were due. Can we file a claim in small claims court to recover the amount we are due, which is over $500.00?

 

[I AM ALWAYS LIABLE]

Florida ; I belonged to a golf club for several years and have been paying a prepaid trail fee for my private golf cart. About two weeks ago the golf course was purchased by two individuals who immediately raised the dues 25%. However, they stated to the bookeeper that they would refund the prepaid fees to anyone who wished to terminate their membership. We terminated our membership, but were only rebated 50% of the amount we were due. Can we file a claim in small claims court to recover the amount we are due, which is over $500.00?

My response:

I see a couple of problems with your scenario:

1. I don't know if it's your word, or theirs, but "rebate" does not mean "refund". Rebate is just another way of saying "giving something back, but less than the whole - - a percentage."

2. You said, "they stated to the bookeeper (sic) that they would refund the prepaid fees . . ." If you didn't get it in writing, then the amount you received is probably all they're going to voluntarily give to you.

Also, you didn't mention whether or not you used any of the years' membership dues before the sale, and before the offer of a "rebate" or "refund" was offered. If you did, that would certainly have an affect upon how much they feel they would return to you. For example, if you paid your $1,000.00 in December, and your dues were raised to $1,250.00 in May, then you would have used 50% of your membership dues, thus entitling you to a $500.00 refund.

In the face of, at least, my last paragraph I have no idea whether you are entitled to more.

IAAL

 

[Thomas A. Kopitnik]

rebate of Prepaid fees.

Florida: The question was not answered. The question was "can we file a claim in small claims court to recover the balance of the prorated fee which was retained by the owner. In other words we received 50% of the amount we were entitled to receive.