Home Daycare Small Claims

[jademariexxiiii]

What is the name of your state (only U.S. law)?
Nevada

This is a bit long, so please bare with me!

Okay, I was having some issues with my childcare situation, I thought I had found a solution, a home daycare. So I go tour her house (no, she is not on base but is a licensed home care provider through the state) and I pay a deposit of 150.00 for his next tuition. I called her 14 hours later terminating our verbal agreement because I was called that morning saying I had been laid off ( I did not sign a contract) and she is offering me HALF of my deposit, and acts like she is doing me some huge favor and I should be totally thankful to her for even giving me half of it back. I'm supposed to go pick up my half on Saturday, we'll see. She also told me over the phone, I must pay in CASH only, I refused to leave without a receipt.

I read up on some NV law, but some websites highly contradict one another.
So we will see how Saturday goes, whether I get half or none of it back, I'll be sending her a "Letter of Demand" for the amount of 150$ on the grounds of my revoking contract within 24 hours, and my lack of ever signing a contract. I know 150 doesn't seem like a lot to most of you, but thats almost 2 wks of tuition for my son's school now that I found another position, my hours from 40 to 25 so I can easily afford it and stay busy with myself and keep his education going.

Bottom line, do I have any grounds to send her a "letter of demand"? I do plan on consulting an attorney about contracts in NV but this website will hopfully help me out.

Please ignore spelling errors, it's not my forte'.

Thank you!

 

[Zigner]

You are due NONE of the deposit back. You should be happy that half was offered.

 

[jademariexxiiii]

You are due NONE of the deposit back. You should be happy that half was offered.

Why?

I read that I have 24 hours to terminate ANY contract and have all funds repaid regardless what the contract (that I never signed) states.

 

[Zigner]

Why?

I read that I have 24 hours to terminate ANY contract and have all funds repaid regardless what the contract (that I never signed) states.

Cite your source...

 

[xylene]

You are only out $75.

You sound completely unreasonable, and there is no 24 hour right of revocation in this circumstance.

There are many times when services must be paid for, despite being unable to use them.

 

[Mass_Shyster]

Why?

I read that I have 24 hours to terminate ANY contract and have all funds repaid regardless what the contract (that I never signed) states.

Where did you read that?

Generally there are specific requirements to execute a right of rescission.

Since this is a contract for services and not a contract for goods, no written contract is required.

You are obligated to perform your part of the contract (provide payment).

She is obligated to perform her part of the contract (provide services).

Since the contract is silent on non-performance, the contract is in force, and you are both obligated to perform. Your change in circumstances does not change your obligation to perform.