Can I get a refund from a select baseball program if the season hasn’t started?
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Can I get a refund from a select baseball program if the season hasn’t started?
We paid $1600 for my 12 year old son to play on a baseball team but the organization promised 8-10 tournaments and never mentioned league play. They have practiced a few times but have yet to step on a baseball field. Now that the
schedule has been released, only 6 tournaments are scheduled and they have signed us up for a league that was never discussed in the parent meeting. In addition, when my husband tried to ask the owner and head coach about the
definite plan for the season, the coach snapped and starting yelling, :I hate parents like you
Asked on February 24, 2017 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The hostility or yelling is irrelevant--there is no guaranty or obligation that people with whom you contract with will treat you well, or even courteously.
But breach of contract, IF a contract was breached, can provide grounds to get your money back: so if there was any agreement (oral or written, though obviously written is much better for you: you can much more easily prove the terms and the number of promised tournaments) that you'd get X number of tournaments and that did not provide that, they violated their contract, and that breach can provide grounds to recover your money in a lawsuit (since, if they won't voluntarily repay you, you'd have to sue). The key is, there must provably have been a specific agreement for a certain number of tournaments, which agreement they violated.
(Having league play would not be a contractual violation IF they also had the right number of tournaments: it's not a contractual breach to provide something more than what was promised, as long as the promised thing was provided.)
Fraud can also provide grounds to get your money back, but for there to be fraud, you'd have to show that they intentionally lied in advance about what they would provide, and that may be difficult.
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