Consumer Law, Warranties A contract question

[johncdbass]

I have a teenage daughter who enrolled on scholarship to a private school. After 5 weeks I did not agree with some teachings and values that were being taught. I also paln to move to another area. She went there for sports and they did not have enough players to support the team, they suggested that instaed they would add lower middle school children to the high school team. I would not have gone there if I was not told by the coach that the team would be highly competitive. It obviously is not. I went to withdraw her and was shown a contract that I signed that says I must play all tuition and fees before her records will be released. They then demanded full payment of the fees totalling $1600. I felt like they held a gun to my head. Is there any recourse on my behalf. This was in Florida. Thanks John

 

[Michael Wechsler]

It is very difficult to answer a question like the one you ask without seeing the contract. The important issues to identify are as follows: (1) Is there any ability for you to terminate the agreement at will? You may suffer some financial penalty for the release. (2) Has the other party materially breached? This does not mean that there is a minor breach but something that goes more towards the heart of the deal.

Taking a look at what you wrote, if the team is supposed to consist of players her age but they do not have enough players and will fill in with younger players, that likely could be a material breach. However, you must look at the contract to see exactly what the school was to provide. If it was silent and ambiguous, this could work to your advantage since any ambiguity would likely be read to the disadvantage of the school that drafted the contract. As a former little leaguer myself, there is a tremendous difference in ability between grade and high school children. That is the area that seems most likely to promote the settlement of the matter you wish.

Regarding the values and teachings -- sounds like an afterthought and that didn't change from the time you signed the deal. You knew or should have known what you were getting prior and cannot complain later.

This may not be an open and shut case -- many will question whether your sending your daughter to this school was so heavily dependent upon the sports program. I don't know the facts and this could be a very important factor and be prepared to defend your position. Regardless, you may have some leverage in negotiation in telling them the school that the situation is clearly inadequate and unacceptable and they'd best settle because they cannot provide what was promised rather than deal with a lawsuit and the adverse publicity that could result. Good luck and let us know how you choose to handle things and how they work out.

 

[johncdbass]

Followup

The contract states that I will pay all fees or tuition if if I voluntary or involuntary withdraw the student from school. There is not any mention of sports in the contract. There was a verbal contract between myself and the school coach(or agent of the school) regarding the full team and condition and level of play I needed. I have 30+ witnesses to this facts. I definately would not have attended this school if these were not the circumstances I was led to believe. Thanks John

 

[Michael Wechsler]

The problem that you have is that even though the coach made a representation in front of 30 people, it doesn't mean that you can get out of the contract. The moral of this situation is that something is an essential term to you, write it into the contract. I can't emphasize this enough. If the other party has a problem with backing up a representation then you have to ask yourself the question why and whether they truly do not want to be responsible for providing what they won't put down on paper.

Additionally and on a side note, the sports aspect of your daughter's education is relatively small -- could you really say that the primary motivation for your sending your daughter to the school was the physical education and not the mental education, which I am sure encompasses most of the day? This would be the case unless it was a special sports school and then that might be a material breach... but still the same rule would seem to apply as above.

This would not be a simple case to prove. You may want to tell them that you will bring an action in small claims court. The application of rules are somewhat more liberal and it may prompt settlement. Best would be to probably see what you could do to work it out with the school. I'm sure neither of you wants to deal with all the trouble for what amounts to a relatively small amount of money as compared to the cost of the dispute.