Frequently Asked Questions
Common questions from Texas homeowners about solar panel fraud cases.
What if the solar company declared bankruptcy?
If the company that sold you the panels declared bankruptcy, you may have recourse against the loan company. Under the FTC Holder Rule, the lender that financed the purchase can be held liable for the solar company’s fraud. Also, depending on the outcome of the bankruptcy, you may retain your claims against the solar panel company as well.
How long does a solar panel fraud case take?
It depends. We typically advise clients to expect 1–2 years for a jury trial. That process can be shortened if you wish to pursue arbitration instead of a jury trial. However, each case is unique, and we will discuss the best option for each case based on your goals and circumstances.
Can I keep my solar panels?
That depends on what your goals are. We have clients that wanted to retain their system and ensure there was a company that could service the panels as needed. We also have many clients who have cancelled the loans and liens, and the loan company agreed to let the clients retain the panels.
What’s the difference between arbitration and a jury trial?
Arbitration is the opposite of a jury trial. Instead of a public trial where 12 members of the community decide the case, you have a private mini-trial where an “arbitrator” decides the case. There are pros and cons to jury trials and arbitrations, and we can discuss each based on your goals.
Do I need to pay anything upfront?
Yes; however the amount you need to pay depends on your specific case, e.g. whether the solar panel company declared bankruptcy, the arbitration provisions in your contracts, and whether someone else signed (forged) the signatures in the contracts.
What if I’m still making payments on my solar loan?
Many of our clients are still making payments when they come to us. Filing a lawsuit or arbitration does not automatically stop your loan payments. However, a successful outcome can result in cancellation of the loan and reimbursement of payments you’ve already made.
Can I sue the loan company, not just the solar company?
Yes. Under the FTC Holder Rule, the company that holds your loan may be liable for the solar company’s misrepresentations. This is especially important when the solar company has gone out of business or declared bankruptcy — you may still have a viable claim against the lender.
What promises count as fraud?
Common misrepresentations that may support a fraud claim include: promising a $0 electric bill, promising a large tax refund, promising a buyback program for excess electricity, promising the system would prevent power outages, and misrepresenting the total cost or terms of the financing. If the salesperson made promises about the solar system that turned out to be false, you may have a claim under the Texas DTPA.
Is there a deadline to file a solar panel fraud lawsuit?
Yes. In Texas, DTPA claims are generally subject to a two-year statute of limitations. However, the clock may not start until you discover (or should have discovered) the fraud. If you suspect you were misled, it’s important to consult with an attorney as soon as possible to preserve your rights.
What if there’s a lien on my home from the solar panels?
Solar financing companies often file a UCC-1 Financing Statement or fixture lien on your property. This lien can prevent you from selling or refinancing your home. As part of a successful case, we can seek removal of the lien and clear your title.
Do you handle cases outside of Dallas–Fort Worth?
Yes. We represent homeowners across the entire state of Texas. Between our offices in Allen (DFW) and Houston, we have handled cases in over 50 counties. No matter where you are in Texas, we can help.
Still Have Questions?
Contact us for a free consultation. We’ll review your situation and explain your options.