Legal Question in Business Law in California

Refund of Registration Fee

Can a business keep a non-refundable registration fee for a course that is five months from the date of registration just because the registration fee document states the fee is non-refundable? Assume that the fee was asked to be returned 12 days after it was paid but the company refused to return the fee because it it their ''policy.'' (Fee registration was $1000.00 and business course was $6500.00)


Asked on 12/09/03, 3:32 pm

3 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Refund of Registration Fee

This must be a helluva business course at $6500 with a $1000 non-refundable amount. If it were made I would not pay the $1000 and I would wait and pay it at the very last moment I could. My advice, taking the Small Claims Court. I don't know of any law regarding refundability are not of deposits for educational courses. When I do know is that the figures are very high and I would hope the court has more sympathy for the individual olden course givers. You have nothing to lose and everything to gain.

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Answered on 12/09/03, 3:59 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Refund of Registration Fee

the facts within your question are a bit vague. if you would like a free phone consultation to better clarify your facts for us, email us today with your contact information or call us at the number directly on our lawguru website here.

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Answered on 12/09/03, 4:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Refund of Registration Fee

There are statutes respecting refundability of certain deposits, e.g. real estate purchase deposits and apartment rental deposits. A quick check of case law and statutes did not turn up anything specific as to refunds of deposits for courses, seminars, continuing education, etc.

I did note a few cases where non-refundable deposits were mentioned, and the courts seemed to operate under the assumption that when a deposit is specified in the contract as non-refundable, then, indeed, it is not refundable. However, the refundability was not the central issue in these cases....they were about some other issue and the deposit merely comes up as part of the facts.

I agree that you have little to lose (other than your time) by filing a small-claims suit to recover the $1,000, but I would say your chances of winning are less than 50-50.

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Answered on 12/09/03, 4:20 pm


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