Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Why incur the expense when it's unlikely there will be any lawsuit?
The LESSON... is that ALL buyers, especially the too busy and novice sort, NEED an attorney.
That RE specializing attorney should be on board the buyers team before choosing any agents
...let alone before you even consider signing any offer contracts.
A relatively modest cost will get you this council and source of information...
as well as having them manage the settlement/closing work.
Probably less in total than what the "title companies" charge for just doing the closing.
NO... the common approach taken in the western US is NOT any sort of advantage.
Especially not to the buyer.
This is an example of the severe pitfalls in this overheated market---buyers do not have the time to do their due diligence. Too many waiving inspections, asking for docs to review BEFORE going under contract, etc.
This is a sellers market on many levels, not just pricing. Lots of owners of problematic homes looking to unload them now when there is no time for scrutiny.
Agents on here can only give you general advice as there might be case law in CA regarding solar leases that none of us would know. You do need to pay money and consult with an attorney.
Generally speaking out here, agents put in a clause that the lease will be assumed by the buyer and make it a condition of the sale of the house. If it isn't a condition of the sale of the house and there is no lien on the house, then the seller will have to continue to pay the lease or most companies have a fee that the seller can pay to buy out the lease and then they will come and remove the panels.
I think the seller should go after their real estate agent for failing to ensure that there was a contingency about it in the contract.
Actually, as you said, it's on the seller. They have to pay off the lease and remove the solar themselves. The solar company does not want them back.
Quote:
Originally Posted by oceangaia
The solar company has an established contractual relationship with the seller and no relationship at all with the buyer so I think the solar company will go after the seller as their easier if not only option.
I would not sign anything at this point. In fact, I woud have zero communication with seller, seller agent, or solar company. I would not "work with" anyone. They will find it much harder to go after you if they cannot communicate with you. If you are sued, let an attorney handle it. I would not allow the solar company on my property without an agreement to restore property to original condition. Solar company would be held responsible for any followup roof repairs needed.
Solar company probably won't take the panels off, that's probably on the seller who has the lease with them. You're right, it's probably the sellers issue but fault could apply to all of them and their agents according to the one link.
Quote:
Originally Posted by shoot2thrill
That's exactly what happened. We reached out to the solar company a few times after the sale to see if they would lower the rate to match or beat local utility costs, and they told us the seller has to pay down part of the lease to make that happen. The solar company told the seller about this request months ago but I don't think they got a response back. Now the seller is likely on the hook for the entire system instead of a partial payment. We're not benefitting from the leased equipment, it was shut off by the solar company months ago. Partial buyout from the solar company is possible, but the seller has to pay it at this point since it's in his name.
Did the seller show you any of their electric bills without solar? Our bill in the summer went as high as $700 due to the AC running. If we weren't careful with putting the temp at 76 when we were out, also setting a timer that it goes higher when everyone is sleeping, our bill was still a few hundred. With the solar it's down to about $100 with the AC on 70 to 72 all day and night on the 1st floor. If I was a buyer, I'd want to continue the lease for the savings alone.
Just about everyone in my development has leased solar panels. I've driven around in the winter, saw that our solar panels are superior to everyone else's because snow does not stay on our panels. For every other house, their panels get filled with snow so they're useless.
Did the seller show you any of their electric bills without solar? Our bill in the summer went as high as $700 due to the AC running. If we weren't careful with putting the temp at 76 when we were out, also setting a timer that it goes higher when everyone is sleeping, our bill was still a few hundred. With the solar it's down to about $100 with the AC on 70 to 72 all day and night on the 1st floor. If I was a buyer, I'd want to continue the lease for the savings alone.
Holy moly, do you live in a mansion in Death Valley? With 2400sqft in Houston, our highest has been $200 and last month was $120. That's all AC. In winter, it's always under $50. And we have 25 yr old builder grade windows and 10' ceilings.
Status:
"I didn't do it, nobody saw me"
(set 1 day ago)
Location: Ocala, FL
6,484 posts, read 10,360,322 times
Reputation: 7940
Quote:
Originally Posted by Roselvr
Our bill in the summer went as high as $700 due to the AC running.
Did that include water and sewer or just electric ?? I live in Florida with the AC running almost year round and occasionally hit $400/month with water/sewer.
Why incur the expense when it's unlikely there will be any lawsuit?
Agree - people always play the "i'm going to get a lawyer card" till they find out the TV lawyers work on contingency (which wouldn't apply in this case) or they charge $250/hour. Just talked to a guy this morning who said he couldn't pay his $500 deductible then also said "I'm going to get an attorney to make you provide a coverage I didn't pay for". I was like ok give him my number. I have never heard back from a lawyer any time any one says they are getting one. You know why? Again 1) cost and 2) lawyers usually tell people what they don't want to hear and people finally "get it." But more often than people are hoping that saying they're going to get a lawyer will make people back down.
Did the seller show you any of their electric bills without solar? Our bill in the summer went as high as $700 due to the AC running. If we weren't careful with putting the temp at 76 when we were out, also setting a timer that it goes higher when everyone is sleeping, our bill was still a few hundred. With the solar it's down to about $100 with the AC on 70 to 72 all day and night on the 1st floor. If I was a buyer, I'd want to continue the lease for the savings alone.
?
Yikes!
I live in Tucson, where it's over 100° most days in the summer. Our highest bill in three years was less than $200.
Why on earth are you chilling the house down so cold?
Holy moly, do you live in a mansion in Death Valley? With 2400sqft in Houston, our highest has been $200 and last month was $120. That's all AC. In winter, it's always under $50. And we have 25 yr old builder grade windows and 10' ceilings.
No, not a mansion. 4 bedroom house with office, living room, dining room, family room. It's about 3,000sf
Quote:
Originally Posted by dontaskwhy
Did that include water and sewer or just electric ?? I live in Florida with the AC running almost year round and occasionally hit $400/month with water/sewer.
So you bought a house with solar but didn't want to pay for it basically?? Good luck
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
