Solar Panel Defense in Florida

solar panels on a home highlighting the need for a solar panel defense attorney

Defending Lawsuits and Arbitrations against Homeowners

More and more often, my office is getting phone calls from individuals who are being sued by solar panel installers. Typically the homeowners that are being sued entered into a solar panel contract, and then saw their solar panel company disappear. Ultimately the panels go on the roof, but because of the delay, the financing has been canceled by the financing company. Solar panel company , without acknowledging their delay, then sue the homeowner on a variety of claims seeking the full purchase price. This is when the smart homeowner, like you, start the search for a solar panel defense attorney.

What is solar panel defense?

My office represents homeowners. We don’t represent solar panel companies, in fact, I sue quite a few of them. And the fact pattern, I’m typically seeing, and that I’ve described here, there are a number of defenses that a homeowner can have against the solar panel company. Especially when the delay was caused by the solar panels own incompetence.

These latitude are either filed in state court or in some situations have been filed in an arbitration. The nuances of each are different, however from a legal standpoint, defending them is very similar in most context. The most important part is one year served with a lawsuit or the initial claim in an arbitration finding competent legal council that understands how the solar industry works and the common Pain point for the solar panel company from day one is important. This may be inability to have solar panels installed in a timely fashion, it may be a period of time when the solar panel company was not answering phone calls, and from all appearances looked like they were out of business, it may also follow the filing of a bankruptcy by the solar panel company.

In each of these cases, having a focused defense to the claim is important. Generally, the solar panel company will be suing you for liquidated damages, or in some instances breach of contract and unjust enrichment. You may be surprised to learn that these cases are defendable. Here’s what we’re looking for.

Significant delays by the solar panel installer

Let's say that you agreed that the solar panels would go on your home in February of a given year. Under some contracts, there's 150 days to reach substantial completion. Unfortunately, a common complaint I hear is that by the deadline that the solar panel company gives itself, they haven't even started. This comes at a time when the solar panel financing company has its bills (which may or may not have been disclosed) coming due and there is no reduction in the electric bills. Without a solar panel defense attorney, this set of facts may not see its day in court. A solar panel defense lawyer is vital in a suit like this with their solar panel company.

Inaccurate or grossly inflated sales presentations

The absolute most-common complaint we hear - they promised me no electric bill and a fixed payment. There may have been tax rebates that you were promised at the time and never delivered on. Then, after you are realizing there's no benefit to these panels and you are not seeing the results, you find that nothing you were told in the sales presentation is part of your agreement. In fact, there's a specific provision in that agreement which likely says that nothing they promised you they have to do. As a solar panel defense lawyer, this needs to be brought up with the trier of fact.

Failed inspections

Another common solar panel defense that we get to raise is the litany of failed permitting inspections that these homeowners face. Before the solar panel system has been fully approved by the local permitting board, the bills are coming in from the finance company. In some instances, there is fining and code violations. This is all before you even have performing panels or are seeing any

Bad e-signatures

A typical sales presentation ends with the salesperson handing over a tablet (like an iPad) or a cell phone. The homeowner is being told often to click certain spots on a small device, to further show their interest in the project. Then, before the homeowner knows it, the solar panels are being installed on the house. This is often before the homeowner has fully processed the transaction in their mind. The project goes forward, in large part not knowing that there is a right to rescind the transaction. A solar panel defense attorney who is familiar with the electronic signing process could prove vital for your case.

Is your solar panel company suing you?

If they are, and would like to find a defense attorney for your solar panel lawsuit or arbitration, I'm happy to help! For the earliest available time on my calendar, please visit https://theconsumerprotectionattorney.com/consultation. Please note, a $250 consult fee will apply.