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We contacted an atty. regarding the solar panel hell we are in with an irresponsible seller who never disclosed the panels in the contract when we were buying this home.
We had to wait for our atty. to draw up a letter to the solar panel company. They should receive it by tomorrow or Thurs. stating we want the solar panels off OUR roof but we won't be signing their waiver that holds them clear and free of any damage that occurs from removing the panels. They are also only taking the panels and not the miscellaneous crap they are leaving behind which obviously any person in their right mind wouldn't sign leaving holes in roof, only in a weathertight state.
Now my husband gets a threatening email stating that he has until 6/4 to sign waiver or HE IS GOING to repossession counseling! Whattttt?????? Ok, no agreements signed, no contract, zip, nada, zilch. Yet this *%**$#& company thinks they are going to ruin OUR credit?????when we never entered into a contract?????? They still insert their little speech stating how great their solar panels are and that everyone should have free electricity!. Whoever thinks about RENTING solar panels on their roof should think twice. This is the seller's incurred debt and responsibility, not ours.He will owe about 8k for HIS contract that he has to buy out of. NOT our problem.
My husband has repeatedly told this co. to take the panels off his roof. The co. gave him a date BUT to sign that waiver telling him the co. is clear and free of any damage incurred on OUR property. Are you kidding me?
Love to hear what their response will be when they receive note from our lawyer. Solar panel co. won't get their Federal kickbacks so they are po'd and don't want to be liable for anything, just grabbing their solar panels and running!
Seems like your issue should be with the seller and not the solar panel company. It is not the company's fault that the seller failed to disclose their rental agreement for the panels.
Just read a few posts from your other thread (granted not all 6 pages). Before signing those papers making me the homeowner, I would have insisted the solar panel issue be resolved to my satisfaction even if it meant delaying closing. Since you closed on the home with no real agreement on how the solar panels were to be removed (remove all equipment, protection from damage, etc.), you've inherited the problem. My opinion stands that you should be seeking resolution from the seller, and not the company.
Although, since you went through with closing on the home knowing about the solar panels, that may be a negative for you. Seller did agree to have the solar panels removed, which appears to be in progress just not to your satisfaction. Those are the key words "to buyer's satisfaction".
What your attorney's opinion on seeking resolution from the seller?
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Your problem is not putting the satisfactory removal/repair of roof as a contingency in the sale contract. Beacuse the rental of the panels was a lien on the property, you may also have some potential for relief from the title company. Since you have retained a lawyer, hopefully he/she will be able to resolve it to your satisfaction. Once removed, I would definitely have a reputable roofer go out and inspect for damage before winter comes.
Oof, I feel for ya; this is a really crappy situation.
Glad you retained an attorney because sounds like you will definitely use them.
Did you ever get a copy of the contract the solar panel company had with the seller? It's very important to know whether that contract states the lease conveys with the property or is a personal debt of the seller's. Hopefully getting that information, if you don't have already, was part of your demand letter; a judge is not going to look fondly on a company threatening to ruin someone's credit if they have no legal standing or prior agreement with that person.
I also agree that if they didn't send a legal letter by certified mail, they're definitely just trying to threaten you, and probably realize they don't have much of a case.
In addition to the letter you sent to the company, you also should send one to the seller, notifying him that any financial damages you incur due to this situation, you will pursue reparations against him, since he was the primary cause for everything; that should probably get him to try to rectify things from his end.
We had to wait for our atty. to draw up a letter to the solar panel company. They should receive it by tomorrow or Thurs. stating we want the solar panels off OUR roof but we won't be signing their waiver that holds them clear and free of any damage that occurs from removing the panels.
So...you went ahead and bought the house before getting this resolved?
So...you went ahead and bought the house before getting this resolved?
They have a previous thread detailing the negotiations. IIRC, they had it resolved as to the fact that they took no responsibility for the panels, now its just coming to terms with the Solar company to get their property off the house.
If It were me, I would tell them in no uncertain terms that if they take any action against you, you will bring legal action against them for violations of the Fair Credit Reporting act and if they come on your property prior to being authorized you will call the police and prosecute to the full extent of the law. I would also not let them remove a thing without agreement that you would have a roofing inspector check the status of the roof before and after with an agreement that they will pay to correct any issues that come up. I would probably also demand that they pay a certain amount into an escrow account or to your attorney in advance, to be refunded after any roofing repairs are complete.
I would also not let them remove a thing without agreement that you would have a roofing inspector check the status of the roof before and after with an agreement that they will pay to correct any issues that come up. I would probably also demand that they pay a certain amount into an escrow account or to your attorney in advance, to be refunded after any roofing repairs are complete.
This should have been demanded of the seller prior to closing but now it's like closing the barn door after the horse has bolted.
They have a previous thread detailing the negotiations.
I understand. But I would have had the panels removed and the roof repaired satisfactorily before taking title. Now the Seller is pretty much off the hook.
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. Whoever thinks about RENTING solar panels on their roof should think twice. This is the seller's incurred debt and responsibility, not ours.He will owe about 8k for HIS contract that he has to buy out of. NOT our problem. 
