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Thoreau (T-USA)
Thoreau (T-USA), Attorney
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Experience:  Attorney
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Good evening, We live in brooklyn new-york.We have a soon

Resolved Question:

Good evening,
We live in brooklyn new-york.We have a soon 2,5 years old.he's in international and art center 2 half days per week since last September.We were looking for to find a spot for him 5 days per week next september.So we ask to his actual internationnal center if we can register our son to their programm 5 days next september.But they don't have no more place for this programm.So they told us that they have a 3 days programm that they have availabilty.We paid non-refundable deposit of 20% of the full-year's tuition so 3100$ for this programm but we finally found another place that provide 5 days.So i asked today if there is a way to get this deposit back but they said there's no way.
So is it legal to ask us this amount even if we are 3 month before september and it means they have time to find someone for the spot.
Thanks to help us
Submitted: 2 years ago.
Category: Legal
Expert:  Thoreau (T-USA) replied 2 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
Unfortunately, a contract is binding once it is signed unless it has a cancellation provision. If an individual enters into an agreement with a business to purchase services, the business does not have to allow the person to cancel the agreement. Now, that said, if there are a limited number of spaces in an activity and an individual breaches, the business may have a duty to "cover." This means that the business may be obligated to try to find someone else to fill the breaching individual's space to mitigate his damages. However, if the person cannot be replaced and the loss cannot be covered, the individual is generally liable for the full amount. Many people believe that there are broad cancellation rights with all contracts. However, this is not true and cancellation rights are very, very limited. There's a great article about them here: http://upstateny.bbb.org/storage/75/documents/cooloffrule.html
Thoreau (T-USA), Attorney
Category: Legal
Satisfied Customers: 9176
Experience: Attorney
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