We gave a private school a pre-reg deposit to hold a spot for our grandson.
Subsequently ,the family moved out of state and the school says the deposit is not refundable. However they always have a waiting
List and his spot was
Immediately filled.
What recourse do we have? ( california).

I can't find an answer that confirms for sure for Californians, but my experience is that if a deposit is required to "hold a spot" for a future "transaction" (in this case, enrolling your grandson in the school), then it is acceptable for a term of the agreement to be that the deposit is non-refundable if the giver does not complete the transaction.

I think you will find that the fact that the spot was filled is inconsequential... I'm sorry to say... :o

Odds are you can't get the deposit back.

They ask for the deposit so they don't have people yanking their chains. They have to do some work in looking over the application, time, etc. that they ask for some money up front in exchange for their promise to allow the child in.

Think of it this way: If they didn't ask you for anything. Then on the first day of school, they could just kick you out (since you haven't paid anything).

I would say that the deposit is not refundable. They ask for a deposit so that the child picked will attend, thus if he does not, they lose the deposit.

(that is exactly why they ask for it) What use would a deposit be, if they gave it back if you decided not to go?

I can think of no reason for them to give it back or actually expect it back.

And no legal ground to try and get it back with.


Next>>>> of course if everything was exact there would be no need for lawyers. You can hire an attorney to send one of those "lawyer" letters to the school asking for the deposit back. They may do it for fear of being sued. Just because they don't need to give it back does not mean they won't.