• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

non-refundable deposit

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

susand

Guest
Enrolled daughter in private school, two months before school started I had to pull her out. Form said 200.00 non refundable. Fifty dollars towards registration, 150.00 towards tuition. Since my child never entered the school, are they able to keep the 150.00 that was specifically supposed to be billed for tuition?
 


I AM ALWAYS LIABLE

Senior Member
susand said:
Enrolled daughter in private school, two months before school started I had to pull her out. Form said 200.00 non refundable. Fifty dollars towards registration, 150.00 towards tuition. Since my child never entered the school, are they able to keep the 150.00 that was specifically supposed to be billed for tuition?
My response:

If that's what the contract said, and that's what you signed, then that's legal - - it's called "liquidated damages" in the law.

However, because you didn't read the red writing at the top, I can't be sure what, if any, laws there might be in your State on this subject.

IAAL
 
S

susand

Guest
state-info

sorry that I left out my state. I live in Pennsylvania. Thanks for your help.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Well, I checked PA law, and it appears that PA does, in fact, allow contractual Liquidated Damages clauses, as opposed to States like Delaware and Colorado. Liquidated Damages is a sum of money agreed upon by the parties to a contract that will be paid as damages if there is a breach of the contract. In this case, you signed a contract, and have decided not to fulfill your obligations thereunder - - a breach of the contract.

Liquidated Damages is a specified amount of money provided for in a contract as compensation if the contract isn't fulfilled. For example, an offer to buy property may include a provision that once the seller accepts the offer, the seller may keep the buyer's deposit as liquidated damages if the buyer doesn't complete the purchase. Liquidated damages may be used only if the damages expected as a result of a breach of contract are uncertain or difficult to prove and the amount given as liquidated damages is reasonable.

In this case, the school does not know the full extent of its damages if someone, like yourself, refuses to pay the agreed tuition. In the meantime, the school has a limited amount of seats to fill, and may, in the meantime, have turned away other parents applying for their children because you "reserved" a seat for your child. Prior to your breach of the contract, the school had an obligation to you to make sure that a seat was available for your child.

With less time available, the school is now required to "scramble" to try and fill that seat, costing them money in the process that they wouldn't have otherwise needed to spend.

Since you signed the contract, and you are the breaching party, you're stuck.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top