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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My son was attempting to do a language immersion program in

Customer Question

Hello, my son was attempting to do a language immersion program in South America this summer. We had filled out the paper work online with an agency in California that does student exchanges, we did sign an agreement, but no money (deposit) has changed hands. As we approach the deadline for application and down payment on the program, we find ourselves financially unable to do so do to other extenuating circumstances. My question is, are we "under contract"' and could we be sued for the cost of the program....several thousand dollars worth? Thank You for your help, and any direction to find information on the matter would be helpful......Mark
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello Mark

This is Samuel and I will discuss this and provide you information in this regard.

You do have a contract. For there to be a bona fide and enforceable contract the following must happen:

1 There is an offer, which you have;

2 There is an acceptance of offer by the seller which you have;

3 Consideration - both sides must give something. In your case, the seller agreed to provide the program and you agreed to pay for it.

However, you should read your contract and see what the terms of cancellation are as there may be a provision that allows you to cancel within a certain amount of days before the deposit is due. If you feel that the company is acting fraudulently or you and your son were deceived, I suggest you can make a report to the CA Attorney General Consumer protection.

Customer: replied 1 year ago.
Thank You.....further.......we had this agreement, yes.....however we have not submitted application for the program, nor has my son been accepted into the program......the agreement speaks about a cancellation fee...after....student has been accepted into the program
Expert:  Sam replied 1 year ago.

Thank you. If there was no application and states he needs to be accepted, then I suggest no. There would be no breach of contract.

Expert:  Sam replied 1 year ago.

The agreement was based on a contingency of application and being accepted. There is no contract at this point.