Have you been the victim of defective or fraudulent solar panel installation and/or services? Have you been scammed into a solar panel contract that ended up costing you more? Has your solar panel company caused damage to your property or stopped doing maintenance on the panels?
WE REPRESENT HOMEOWNERS IN TEXAS
The Firm represents homeowners with respect to the deficient and fraudulent installation of solar energy panels for residential use. Unfortunately, many Texas residents with the best of “green intentions” have been exploited by the false promises and representations made by fraudsters operating as installers and lenders in the solar panel industry. The abuse has been rampant.
FALSE REPRESENTATIONS BY SOME SOLAR PANEL COMPANIES
In the typical scenario, our clients have been approached by unscrupulous companies which make numerous false representations relating to the benefits of installing solar energy panels including:
- Installation of solar panels will immediately result in savings on their electric bill.
- Their local utility or power company will readily and economically buy back solar power generated by the installed panels.
- A substantial tax rebate (sometimes in excess of 1/3 rd of the installation cost) is available under Texas or Federal Laws.
- A special “preferred” interest rate is made available to customers to finance the purchase of the solar panels which will be paid for by the predicted savings.
- The installer will maintain excellent customer service.
- The installation will not cause damage to the roof.
EMPTY PROMISES?
Tragically, we have found that the above representations are invariably false. In almost every case we have encountered, the clients are paying an amount substantially in excess of their original electric bill not including the cost of the underlying loan which is made part of the installation transaction. Clients find themselves paying exorbitant fees and are locked into equipment leases for periods in excess of twenty years. Not surprisingly, the installer has disappeared after the transaction is complete and the client is left with empty promises and enormous expenses.
VICTIMIZED SOLAR PANEL CUSTOMERS
Our Firm represents victimized solar panel customers in these unfortunate situations and can discuss the numerous remedies which are available to obtain monetary relief including claims for breach of contract, fraud, misrepresentation, deceptive trade practices, and other actions.
LEGAL REMEDY FOR HOMEOWNERS
The legal remedy available is dependent upon the facts of each case but typically relates to the false promises made by the solar installation company which contacts our clients. A cold call or response to client internet inquiry leads to an in-person home visit where the salesperson misrepresents the attributes of the solar energy systems. The above listed false representations are made in almost every case we have encountered during the oral presentation between the sale representative and customer. At the conclusion of the meeting, the client is asked to execute a written contract and separate financing agreement. A payment is then effectuated by check or bank card.
TEXAS LAW & SOLAR PANEL CUSTOMERS
Under Texas Law, clients have multiple legal remedies for fraud and misrepresentation available in these situations which include the following elements:
- A party made a material representation.
- That representation was false;
- The party who made the false representation acted knowingly or recklessly;
- The party intended to induce you to act (or not act) in some way upon
their representation; and - You justifiably relied on their representation, which caused you injury.
DECEPTIVE TRADE PRACTICES ACT (TEXAS)
The application of the overt falsehoods made by the solar panel installers establish the required elements to prove up the fraud/misrepresentation claims and recover damages. Claims are also available under the Texas DTPA or Deceptive Trade Practices Act which allows for the recovery of treble damages.
BREACH OF CONTRACT ACTION
In addition to the above claims for fraud, misrepresentation, and DTPA, a breach of contract action is also available under the respective agreements. Texas law allows for the recovery of attorney’s fees in breach of contract actions if authorized by the court.
The underlying agreements in these cases are often complex and varied and require legal analysis and counsel. Provisions can be inserted in an attempt to limit or curtail the recovery of damages and restrict the ability to file a lawsuit. In a typical scenario, the contracts mandate compelled arbitration. Another factor to be considered is the separate and independent liability of the purchaser to a third-party lender which is financing the transaction. This adds further complexity and liability which must be considered in determining the remedies which are available.
The bottom line is that defrauded consumers need advice which they can count on. We work with our clients on determining the best course of action in these most unfortunate situations.
SOLAR PANEL ATTORNEYS IN TEXAS
At Moster Craft, our solar panel attorneys stand ready to help homeowners deal with solar scams. Please feel free to contact us for a complimentary legal consultation if you have been the recipient of deficient or fraudulent solar panel services. Contact Us at any of our offices in Dallas, Austin, Houston, Lubbock, Amarillo, Abilene, Wichita Falls, and Midland/Odessa.
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