HELP! Is a contract signed by a 17 yr old legally binding?

[dawnbu40]

I need some help. My DD is a college freshman. Last fall she "rushed" a sorority and was initiated. Before she was initiated, in Oct when she was 17, she signed a "contract" saying she'd pay dues. This "contract" does not say how much or for how long. There is no specified time period. Shortly after her Dec initiation she discovered the sorority was not what she was lead to believe. This sorority sadly turned out be to the "stereotypical" sorority. Please no flames. I am not against the greek system but this one turned out to be bad. Anyway, after some serious thinking in Feb. DD told the chapter pres she wanted to quit. She also asked for her dues back which I had prepaid for the remainder of the school year. They told her there are no refunds and she would owe more money as the dues were a little higher than my prepayment . We asked for the contract and after 6 weeks I got it today. This does not seem legal to me since she was 17 and there is a line for a parent's signature but she was told at the time her parents didn't have to sign. So is this binding? I am willing to cut my losses if this is legal. I don't like feeling taken advantage of and I am angry that they've harassed DD since she left BUT I don't want that to cloud my judgement. Anyone have any advice?

 

[JerJan]

I would think (JMHO) that if it was signed by a minor with no parent or guardian signature that it would not be binding. I would contact an attorney....something doesn't seem right here. Good luck and let us know how it works out....I'm curious since my DD16 will be off to college next year!

 

[a1tinkfans]

Yeah any contract can be binding, even a verbal one with no siggy is binding
HOWEVER
there are several things here at play
There was a place for a parent to sign and it wasn't
Is there written verbage that no refunds is the policy?
You are the adult here with an advantage, dealing with Kids that run the sororities basically.
Personally, I'd write a concise polite letter stating that you want to be refunded and send it certified mail. Give them a specified time that you expect their cooperation (10 business days) and then say something like, if it is not received, you will take those steps necessary to facilitate the refund and appreciate their cooperation in advance to avoid unnecessary litigation.
You'll prob just get your $$

Good Luck.
What a nightmare!

 

[Lexxiefern]

It is NOT legally binding. I signed an apartment lease when I was 17 and then ended up moving back home because my roommate moved and I could not pay the whole rent on my own. They came after me and tried to ruin my credit. I had to get a lawyer involved, but they backed down. I was told if you are under 18 it is not legally binding. Good luck to you.

 

[Floridagal23]

Contracts entered into by minors are voidable at the minor's request (generally), with some exceptions for necessities, etc. They must be voidable at the minor's option within a certain number of months of them turning 18.

BUT - having been in a sorority, on the exec board of said sorority, etc - she will need to fill out paperwork from her National and turn in her pin, etc. so that she formally disaffiliates from the organization. The chapter advisor will have this paperwork or you might request it directly from the national office.

When girls would DA (disaffiliate), my chapter would not refund their dues - so if they paid Spring semester dues in Jan, and DA'd in February, we had already budgeted for their dues to be spent in a certain way and that was their choice to DA.

You might check out the actual contract from the National org - I know all of our stuff was standard from chapter to chapter. The contract is with the national org, not with the specific chapter. Ours said something about dues and initiation fee being nonrefundable if someone didn't go through with the initiation.
She needs to be dealing with the chapter advisor, not the president. The president is only going to be going to the advisor with the info anyway. Good luck!

EDITED: I think that when I joined my sorority,the initial paperwork from National also had a place for the parents to sign. I remember when I was on exec board, we always had to track girls down to get the form sent from their homes that guaranteed payment or whatever. You might want to check into whether you guys have signed something like that...

And it is not abnormal for sorority dues to change semester to semester or year to year so our contracts never had the dues amount on them.

 

[LorlovesStitch]

The previous poster is assuming that there is a National organization backing this sorority. When I was in college, there were some sororities and fraternities operating as a "local" or illegal status. They basically ran their own organization-----which is not a good idea. I would check to see if they are allowed to be operating on campus in the first place. Also, many campuses have a campus governing body for the greek organizations, which should have a faculty advisor. You could try to contact them for assistance as well.

 

[HamTown]

One more wrinkle. If your daughter officially leaves the house, she will not be able to join another. I doubt you'll get your money back. Each chapter has to send a certain amount of money to the national organization based on number of women initiated and active. That money would be hard to get back.

I'm sorry it wasn't as she expected. I remember not being sure about it just before my initiation. However, I realized that I didn't have to participate in every party. I became the philanthropy chairperson and we did great things. I even went to Disneyland to attend the Children's Miracle Network telethon. I made it work for me.

I would contact the national organization for her sorority and find out directly from them.

 

[NJGirl]

Contacting the greek advisor on campus will also be helpful. Usually the student life office can put you into contact with them.

I do agree with the PP who said much of it may not be able to refunded. Those dues get split many ways...some to national, some to a house fund for maintenence on the house, some to house activities, etc. If someone "de-sistered" or "disafiliated" themselves mid semester...we did not give back any dues as that money had been ear marked in many different ways or already spent.

I'm sorry that it did not work out for your daughter and it's a shame that now that she has been initiated she can't find another group that is a better fit for her. I have really fond memories of my sorority days. I guess I just found the right fit for me.

 

[Floridagal23]

The previous poster is assuming that there is a National organization backing this sorority. When I was in college, there were some sororities and fraternities operating as a "local" or illegal status. They basically ran their own organization-----which is not a good idea. I would check to see if they are allowed to be operating on campus in the first place. Also, many campuses have a campus governing body for the greek organizations, which should have a faculty advisor. You could try to contact them for assistance as well.

Yup - I assumed a national sorority. I was part of a National (we didn't have locals) but agree - locals are not regulated by any national body, often (but not always) are not part of the greek council, etc which means they are often unsafe for students.

 

[PrincessKitty1]

Contacting the greek advisor on campus will also be helpful. Usually the student life office can put you into contact with them.

I would do this before contacting an attorney, which could be expensive. I would go into it with the attitude of "I WILL get my money back" not "I wish the sorority would give me my money back." Just be pleasant and assertive. The sorority does not have a legal contract and I suspect they know it.

 

[lowie]

depending on the amount of money would most likely be the reason for going all out for the refund. also, i'm sure that laws vary in each state and the experience of one person here may or may not pertain to you.

this is a good learning experience for your dd and i hope she thinks twice before entering into a contract when she doesn't really understand the ramifications.

 

[JoiseyMom]

depending on the amount of money would most likely be the reason for going all out for the refund. also, i'm sure that laws vary in each state and the experience of one person here may or may not pertain to you.

this is a good learning experience for your dd and i hope she thinks twice before entering into a contract when she doesn't really understand the ramifications.

Not for nothing...but the lesson her dd learned had nothing to do with contracts. She joined a group and thought it was going to be a great experience...it wasn't. If you join any group...even the girl scouts and you don't like the kids in that group, you should have an out.

 

[seashoreCM]

Getting a refund might not be easy but if a minor decided to renege on a contract, the other party would not be able to collect any more payments.

 

[Adi12982]

The K is voidable b/c she is a minor.

I am so glad my undergrad college didn't allow the rush thing to happen until Spring of freshman year. I think it let the people know themselves and meet other friends first. I'm in a sorority, but a minority one, and we don't pledge girls until sophmore year, and the process is wayyyy different.

Sorry for the aside, but I think she won't be held liable for the future or the "shortage" but that you won't get back dues, those are generally not refudable.

 

[SomedayI'llBe]

I'm currently in a sorority, and I took the initiative to look up my National organization's financial contract signed by all members. To help you out, I'm an Alpha Chi Omega.

It stated that the resigning member is responsible for all her housing dues (if applicable- since your daughter is a freshman, I doubt this applies), Panhellenic dues (paid to the Panhellenic group on campus), national dues (as a portion of her personal dues are sent to the national group), and a prorated portion of her chapter dues.

So you might be able to get a partial refund, but not a full one. However, this will vary from sorority to sorority. I know that at this date, most groups will have already started using the money paid in dues, especially since you paid early. So I wouldn't hold my breath.

 

[Spacemonkaay]

...

 

[Spacemonkaay]

...

 

[Kickapoo Joie Juice]

Yeah any contract can be binding, even a verbal one with no siggy is binding
HOWEVER
there are several things here at play
There was a place for a parent to sign and it wasn't
Is there written verbage that no refunds is the policy?
You are the adult here with an advantage, dealing with Kids that run the sororities basically.
Personally, I'd write a concise polite letter stating that you want to be refunded and send it certified mail. Give them a specified time that you expect their cooperation (10 business days) and then say something like, if it is not received, you will take those steps necessary to facilitate the refund and appreciate their cooperation in advance to avoid unnecessary litigation.
You'll prob just get your $$

Good Luck.
What a nightmare!

A verbal contract is worthless and is not binding, btw.

I checked with my FIL and he thought that was pretty funny . He's the proverbial 800 lb gorilla in the legal community .

Pay an attorney to write them a drop dead letter, usually anything on legal letterhead is enough to scare them into doing the proper thing.

 

[NMW]

A verbal contract is worthless and is not binding, btw.

I checked with my FIL and he thought that was pretty funny . He's the proverbial 800 lb gorilla in the legal community .

Pay an attorney to write them a drop dead letter, usually anything on legal letterhead is enough to scare them into doing the proper thing.

Or, if you just happen to know any lawyers, have one of them write a quick letter for you. Several of my neighbors and my brother are attorneys. I would just have one of them write a letter on letterhead. It should be enough.

 

[MasterChief]

My opinion is that if your 17 year old daughter had signed the contract and payed the dues out of her own pocket then the contract would definitely be voidable since she was under age.

However, what I gather from your post is that she signed the contract but you paid the dues thus indirectly consenting to the terms that you daughter had entered in to.

IANAL so take it for what you will.

You can always go to small claims court and see what happens or go on Judy Judy...
http://www.judgejudy.com/submit_case.php