daycare contract with a NON licenced provider in her home?

I signed a daycare contract for my children to start in 3 weeks and put a deposit down. The day after i realized that she is NOT licensed and in the state of Maryland you must be. and i did not feel safe having my children in her home at all. period. The very next morning i called her and told this to her and she said ok you can pick up your check. she avoided me for the whole day so i put a stop payment on it. a few days ago she called me telling me i owe her money since the check could not be cashed. I am in shock that she would even try to cash it after our last conversation. is this contract even legal? she is not licensed and the next day i contacted her.

Asked on June 27, 2009 under Business Law, Maryland


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Maryland attorney, but I know that many states do license child daycare providers.  If you're correct, then you should be in the clear.

One of the basic principles of contract law is that an agreement for something that isn't legal can't be enforced in court.  So I don't think she can sue you, and even though she might deny that she agreed to give you back your check, it wouldn't even matter.  If she harasses you, tell her to leave you alone or you'll report her.

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