<p>dstark, the problem with your position is that it is completely inconsistent with the existing financial aid system at 100% of the colleges we are talking about. I believe some negotiation may be possible, although I agree with xiggi that it most often takes the form of submitting additional information and arguing that it matters. But the colleges do not provide “hard” financial aid offers until after the current year’s information is processed and all information is updated. So no one, in January, has a firm offer of specific financial aid. At most, they could have an agreement about how specific items are to be taken into account (e.g., one poster’s 1/3 inherited tenancy-in-common interest, which from the description is probably worth far less than the college assumed).</p>
<p>I understand that you don’t like that system of financial aid any more than you like the existence of ED – you think it is unfair and one-sided. It probably is. But it works for lots and lots of people, and provides really important protection to students whose families’ circumstances really do change for the worse. (A “hard numbers” contractual approach would presumably cut both ways.) In any event, there is nothing fundamentally wrong with agreeing on the basis of a system for calculating future financial aid, and that is effectively what happens today.</p>
<p>On the other side of the argument – people have been doing a lot of jabbering about legal agreements and enforceability. From my perspective, there is no fundamental reason why ED agreements should not be enforceable – the parties know what they are doing, it’s not an unreasonable bargain, the terms are clear enough, and any 17-year-old who is incapable of understanding it shouldn’t be worried about his ED admission to Penn.</p>
<p>But believing and assuming that these are enforceable agreements does not mean that they are enforceable by specific performance. I strongly doubt any public court would order specific performance – the kid must actually attend the college in question – as a remedy for breach here. From a public policy perspective, this would be a case for damages . . . which of course would be approximately $0.</p>
<p>If ED agreements mean anything, it’s because the applicants and the colleges take them seriously and self-enforce. That’s good, I think people should do that, even if substantively I have problems with ED. And they should resolve ambiguities in a way that honors their basic deal. For that reason, I really don’t have any problem with a kid saying , “Before the ED decision, I got this humongous merit scholarship offer from State U, and I really don’t want to take on $100,000 in debt even for Penn, my first choice.” Or even “I’ve been doing more thinking about debt, and now I understand that I really can’t afford Penn, as much as I love it.” As long as the kid says it promptly. </p>
<p>I do think keeping an MIT application alive after Penn’s ED acceptance is shady behavior. However, the timing here – MIT will make its EA decision before the student accepted by Penn has a chance to have reasonable FA questions answered – makes it pretty impossible to police the kind of strategic behavior that many people have accused the OP of doing. Realistically, I think the most Penn can ask for is a yes-no answer by January 1, and if at that point the OP has an MIT acceptance in her back pocket as well (but no firm MIT FA offer), so be it. Penn could, like Brown, have included in its ED agreement an undertaking not to apply EA anywhere else, too.</p>