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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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I own a kids art school. A customer prepaid for 12 months

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I own a kids art school. A customer prepaid for 12 months of classes in one lump sum at a discounted rate as opposed to paying month-to-month. We did not have her sign any kind of contract. She is in a Wed 2:30 class. Last week we wrote an email to the students in the Wed 2:30 class informing them that that timeslot will not be available in June/July because we have camps that end at 3pm. However, they can have their choice of another class tue/thu/fri or sat. She wrote an email this morning saying she wants to see her contract and wants a refund because we are not offering that class time in june/july. this afternoon she came in and we ended up having to call the police due to her behavior. After I wrote an email and said we will offer the class is june/july to resolve this issue. Now my question is: what if she comes back and has the same behavior, can we ban her from the school and not give her her money back?
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
Thanks for your question.You are at cross roads here.Either she signs contract or you give her the money back.Never take full years money like this without signed contract.I would either get contract here or give her the money back and be done with her.It's time to resolve this and protect yourself one way or another.
Customer: replied 4 years ago.
By giving her the money back aren't I admitting that she is right and then opening the floodgates of everyone else who has prepaid for tuition and then they will all ask for their money back and I'll have to give it to them?
Expert:  Ray replied 4 years ago.
No because next time anyone wanting to pay signs contract and you pout in it here that it is non refundable.You can defend this if you have signed agreement with such language to protect yourself..I just wonder if you need the hassle here in this situation as this lady sounds totally crazy..
Customer: replied 4 years ago.
agreed... she's crazy. and agreed for all future people that decide to pay me from today forward (i learned my lesson) HOWEVER, I have about 100 students that have ALREADY prepaid me... I'm concerned about opening the floodgates on these people
Expert:  Ray replied 4 years ago.
Then go back here and have them sign contract. If they want to enroll in them then they need to complete contract here.Quietly gather signed contracts up from all and go from there.
Customer: replied 4 years ago.
so to answer my original question, there is no way to refuse service to her due to her behavior forcing us to have to call the police on her... instead i have to give her money back if i don't want her to come back.
Expert:  Ray replied 4 years ago.
No you have her money here and can decide whether to refund it or not.You can refuse service if you choose.There's no agreement either way so it just verbal one.This is pretty much your discretion on what to do.
Customer: replied 4 years ago.
ok last question - so if it does go to court - there's really nothing either one of us can go on since it is verbal - and worse case she wins in court and i just pay her back at that point, correct?
Expert:  Ray replied 4 years ago.
Pretty much here.You have some facts in your favor.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29643
Experience: 29 years in civil, probate, real estate, elder law
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