Legal Question in Consumer Law in Virginia
Are we liable for preschool tuition in full?
We enrolled my 4 yr old in a private preschool over the summer of 05 and paid the entire yearly tuition up front. After he began attending the school in September, he began getting very sick, all the time. We took him out of the school by the end of October after a trip to the Dr. in which we were informed that his mild allergies had worsened, and finding out that the school had problems with mold. After taking him out, I looked on the Dept of Social Services website and found several citations and substantiated complaints against the school, for things like mouse droppings, dirt, dust, toxic substances, etc. Our conversation in October was left with the director/teacher telling me that we cannot have our money back. Do you think we have a right for a refund.. of at least the months he did not attend? Thanks!
1 Answer from Attorneys
Re: Are we liable for preschool tuition in full?
You should first closely examine the papers you presumably filled out and signed in order to enroll your child in this private preschool and determine whether any of these constitute a contract with a provision governing your right of refund.
If you find such a contract and that you are entitled to at least some refund of your tuition, you should make a written demand for whatever refund may due. However, even if you don't locate such a contract, I would still send a letter demanding at least a partial refund of your son's tuition premised on the theory that there was only partial performance of the contract on the part of the school and therefore you recieved only part of what you had bargained for due to circumstances which were beyond your control and which may be due in some measure to the school's negligence(failure to maintain a healthful learning environment).
If the school still refuses to refund an amount that is satisfactory to you, you could then sue them for up to $2000 in small claims court for a filing fee of less than $40.
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