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I got this PM and thought my answer could be interesting/useful to some of you:
This is tricky, it's not a hard and fast rule that deposit = refundable and retainer = non-refundable.
First, $500 is not worth going to court over. You'd spend a dollar to earn a dime, so to speak.
Second, even if you did go to court, you'd have to prove that the $500 deposit was an unenforceable penalty since the school could go on and fill your seat...this probably won't be difficult, unless there was some sort of liquidated damages clause in your deposit contract that is agreed upon at the time of signing, which would then supersede the "non-refundable" part of the deposit.
"Non-refundable" is still erroneous and unenforceable, the contract needs other mechanisms to determine this.
As always, this is just my own legal musing. If you do intend to take any action, consult a licensed attorney in your jurisdiction.
EDIT: to answer your question, yes you can legally ask for it back (it's your legal right), but are they legally required to give it back to you? that's a question for the courts.
anonymous said:So I read in one of the threads that non-refundable deposits can be refundable. I gave *** 500 bucks for a deposit but decided to attend a different school....legally, can I ask for it back?
This is tricky, it's not a hard and fast rule that deposit = refundable and retainer = non-refundable.
First, $500 is not worth going to court over. You'd spend a dollar to earn a dime, so to speak.
Second, even if you did go to court, you'd have to prove that the $500 deposit was an unenforceable penalty since the school could go on and fill your seat...this probably won't be difficult, unless there was some sort of liquidated damages clause in your deposit contract that is agreed upon at the time of signing, which would then supersede the "non-refundable" part of the deposit.
"Non-refundable" is still erroneous and unenforceable, the contract needs other mechanisms to determine this.
As always, this is just my own legal musing. If you do intend to take any action, consult a licensed attorney in your jurisdiction.
EDIT: to answer your question, yes you can legally ask for it back (it's your legal right), but are they legally required to give it back to you? that's a question for the courts.