Legal Question in Business Law in California

Is our childcare taking advantage of us?

Our two children are in a private daycare. When they were enrolled at the begining of the school year we signed a contract agreeing to their terms and payment schedule which stated "Annual changes in fees and/or payment policies begin on September 1st each year" on the top of the contract. We just received notification that the rate will be increaseing by $40.00 per month as of 12/1/00. Can they do this? What action can we take against this?


Asked on 10/05/00, 11:58 pm

3 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Is our childcare taking advantage of us?

I would write a formal letter to the head of the daycare stating the terms of the contract and referencing the letter you received. State in that letter that unless they can show you something in the contract which allows them to raise prices after September 1st, you will not be paying the increased price. Let them prove you are obligated to pay the increase. If they refuse to let your children continue to attend the school you can sue them in Court for breach of contract and seek damages of your lost tuition plus the cost of enrolling your children in a new daycare. If this situation does arise, please feel free to contact my office to discuss your options. My toll free number is 877-546-9918, or you can email me at [email protected]. I hope this helps.

Sincerely,

John Hayes, Esq.

Read more
Answered on 11/04/00, 4:50 am
Ken Koury Kenneth P. Koury, Esq.

Re: Is our childcare taking advantage of us?

you need to read the contract and see if it allows this. if it doesnt, then you dont have to pay.

Read more
Answered on 11/03/00, 12:16 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Is our childcare taking advantage of us?

From the little squib from the contract that you quoted, it looks like the rate increase is not permissible. However, there may be other provisions in the contract that would shed a different light on the increase. An attorney would want to review the entire contract before deciding.

In view of the personal nature of the services being provided and the relatively small amount of money involved, I would advise diplomatic negotiation rather than threats of legal action to resolve this problem. You could politely but firmly point out the quoted contract language to the daycare's business manager and request an explanation. Then take it from there.

Read more
Answered on 11/03/00, 4:31 pm


Related Questions & Answers

More Business Law questions and answers in California