Registration Fee Refund

[moormanp]

STATE: Texas

My wife and I registered our two children at a private school about 4 weeks ago for the school year beginning August of 2001. Since then, the principal and many teachers resigned and because of staffing issues we decided we do not want to use this school. We have requested a refund of our registration fee of $300. The school has refused our request. I've heard through another party there is a law which provides grounds for us to request this refund. The grounds are that the school is still in open enrollment (which they are) and the school year has not begun (which is hasn't). If there is such a legal code can you give me the code identifier and quote it for me. Are there any other legal grounds which provide a way we can get this refund?

Thank you.

 

[loku]

Anticipitory breach

I do not know of a law allowing a refund during the period of open enrollment, and I doubt there is one. You have two possibilities I can think of. The first is to closely read the contract you signed and see if there is a way out according to its terms.

The second possibility is that if you can prove that the school will not be able to provide the service that it should because of the changes, then that is an anticipatory breach of the contract on their part and you can cancel the contract.