Legal Question in Consumer Law in Maryland

Can I rescind a contract for preschool enrollment

When I enrolled my 4-year-old in a preschool I signed a contract with the following wording:

''Commitment for the full academic year: The parents agree that (1) the school has granted the student one of a limited number of placement positions for the academic year, (2) no refund, credit remission of tuition or release from the obligation to pay tuition for the entire academic year shall be made in the event of the absence, withdrawal, or exclusion of the student from the school, and (3) any such action shall modify or rescind the parents' obligations under this agreement, including but not limited to the obligation to pay tuition for the entire academic year.''

I am very unhappy with the school and want to pull my child out. The school is overcrowded and the ratio of staff to students is very low (1:15). I feel that is it not a happy, warm enviroment for a small child. For example, during his first week my son had nothing to drink all day because no one would help him open his juice pack. In addition, I have had a disagreement with the director and am afraid she may be hostile to my child.

The remaining tuition balance is $2500. Is this contract enforceable?


Asked on 9/09/01, 1:38 am

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Can I rescind a contract for preschool enrollment

You have cited the language in the contract that presents the school's best defense. The rest of the contract should be reviewed by an attorney to discern whether it is enforceable and to discern whether there has been a breach. Other remedies may be available. Where there are violations in child care and educational/religional provisions or inability of the child to assimilate into the environment, other courses of action may lie. Call me to discuss (410) 799 9002.

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Answered on 10/25/01, 11:38 pm


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