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Regarding item 1, we verbally voiced our concerns from the first day of school and formaly requested to leave just 7 days after school began. Does this change what is defined as our agreement of the conditions?
Can the fact that they did not state anywhere that the preschool is bilingual be considerd misleading?
What are the steps they can take if we just remove the twins and stop paying. We realy can not afford to pay double and are not willing to waste the year for the twins An importnat point is that they are not only failing to learn English, but the Hebrew is of course at a very low level menat for English speaking kids. So the botXXXXX XXXXXne is they will come out with nothing after a full year.
What would be the best way to go about this?
Thank you for your follow-up, David.
A verbal concern is not the same as a written condition. While you may have requested to be 'out' of the contract, if the contract has no such clause, you would be bound by the terms within the agreement. The fact they did not discuss language is not misleading I am afraid, it would simply not be considered a substantial term in their agreement. If you wanted this to be bilingual, the language in the agreement would have had to formally designate the service as such. If you stop paying they can take you to court for breach of contract and pursue a collection suit. They likewise can affect your credit and if they prevail, they could pursue a wage garnishment, bank levy, and a judgment lien against your other assets. The best way by far to pursue this is to negotiate with them the cheapest out from this agreement.
Hope that helps.
We probably were not clear. We did not want the place to be bi-lingual. We wanted an English speaking preschool and found out after the twins began that it is bi-lingual. Isn't it their reponsibility to make this point clear in the contract?
Thank you for your follow-up, David. Here is the issue--what governs is the language in the contract that you signed. You can claim that you were misled, and try to take them to court to have the courts terminate the agreement. I happen to think you have a fairly strong case since by default a preschool in the US should be considered to have English based language skills rather than skills from a different county. But, and this is crucial, until the contract is broken by the courts, whatever language or terms are listed are controlling. So if the language is not defined in the terms, it is a non-issue and would not be a basis for breach. Hence, that would not be their responsibility to list it BUT failing to list it could give you a basis for claiming misrepresentation as a means out of the agreement.
Sorry for bugging you, but kids are important. Going to court to get the contract disolved - how is this done? Do we need a lawyer? Will it take long (longer than the contract itself)?
13 thousand dollars, but they are willing to let us off for half of that.
Of course if it takes 8 months, we will be on our way back home anyway. So if we go to court we need a decision in a matter of weeks.
Many thanks. You were very helpfull.
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