Legal Question in Civil Litigation in Florida

Private School Contract

My family recently relocated and we enrolled our child in a local ''prestigious'' private school. As with her former school, we signed a contract obligating us to $9000 worth of tuition payments for the 07-08 school year. Here's the problem - I'm terribly unimpressed and actually feel as though the environment could be harmful. Upon touring the school we were told by school administrators that all teachers were certified and that the children utilized the swimming pool during PE. As it turns out, both are false. The Spanish teacher is a high school senior (who also attends the school) and there is no swimming during school hours. So, legally do I have reason to break the contract and ask for a refund (assuming I remove her from the school)? Thanks!


Asked on 8/30/07, 11:32 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Private School Contract

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Unless these comments were reduced to writing and made part of the agreement, probably not. Of course, you might be able to pressure the school into agreeing to release you if you threaten to go to the local newspaper and "expose" their level of education.

Scott R. Jay, Esq.

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Answered on 8/30/07, 11:37 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Private School Contract

Read the contract carefully. Probably not. My son's school contract contains an early out and a partial refund provision -- but that is unusual. Not swimming during the day or a teacher issue, unless it was material (does your son even take Spanish and is she really that bad), probably won't fly as an excuse to leave and especially if these "promises" were not put in writing. You might give the place a chance. First impressions can be deceptive. Speak to the administrators about your concerns.

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Answered on 8/31/07, 7:01 am
Johm Smith tom's

Re: Private School Contract

I agree with Alan that you shouldn't make a decision without giving the school a chance. You're still getting accustomed to your new location in general. But having an attorney deal with the school is you best chance of getting what you want.

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Answered on 8/31/07, 9:18 am


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