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Old 11-03-2017, 09:43 AM
jessa8907
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Angry Holding Fee for Spot No Longer Available?

I have a sort of odd question that I haven't been able to find an answer to so far.

We started with a new childcare provider in August. She has been watching my 3.5 year old and has been holding a spot for my infant daughter who was supposed to be starting with her in January. We have been paying for her to hold my infant's spot since August.

Yesterday she sent me a message saying she was cutting down on the number of children she will be taking as of January. This is fine per our contract that either of us could cancel with 30 days notice. It sucks, but it happens.

The issue I have is she is telling me she will not refund any of the money she took for holding my daughter's spot until January. This is not in the contract and was only discussed via IM. I was not worried about it being non-refundable at the time as I was planning to use the spot and assumed (stupid) that it was to protect her in case I changed my mind and went elsewhere.

I'm just not sure this is really legal. I KNOW it's not ethical for her to keep my money for a spot that is now no longer available but... Legally would I have a leg to stand on?
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