Big Mess with my Solar Panel Company

[CA-Salesguy]

In the agreement you signed when purchasing the home it states that they will charge you for the power the system produces. If the system doesn't produce energy due to your interference then they will charge you the estimated amount that the system would have produced. You should flip that switch back on because you're going to pay for it regardless might as well get the energy. You're paying your local utility and then accruing costs for the same energy. This way you can stop paying your local utility except the connection charges. You're doing the equivalent of holding an extra pump and the gas station and just pouring the gas onto the ground while paying for the gas from a diff pump. Except when it comes time to pay you'll owe for all that gas you poured out. I'm sorry you didn't understand what you signed. It sounds as if your realtor was ignorant and Atty incompetent. You probably have malpractice cases against them. But the solar company has a pretty simple contract that high schoolers can understand. Burying your head in the sand isn't keeping those monthly charges to accrue. Just turn it back on and at least benefit for what you'll pay for eventually. Even if you don't pay Vivint you'll at least not have to pay local utility and have some money for legal fees that are on the horizon.

[J.P.M.]

I agree with J.P.M.: Never anything good comes from these big wolves. Their strategy is to always end up in profit, which often means destroying lives of simple people, who do not have the whole picture.

Like Michael Corleone said : "It's nothing personal. It's strictly business".

Stop being na

[jathans]

I agree with J.P.M.: Never anything good comes from these big wolves. Their strategy is to always end up in profit, which often means destroying lives of simple people, who do not have the whole picture.

[J.P.M.]

Not to freak you out but Vivint may simply be letting the interest and penalties accumulate and then go after you years from now when you try to sell. They know people move about every 7-9 years.

Maybe their best strategy is letting you think they are incompetent and have forgotten about you. You did sign a transfer agreement right? Why would they walk away from that kind of income potential if they have the original contract and your signature agreeing to assume that contract?

Don't know what's likely to happen, but being a believer in Murphy's law, and being generally cynical about things, including large solar vendors, and Vivant in particular, I'd pay attention to what Azdave writes and consider taking some positive action, and also consider retaining legal counsel. Doing nothing seems like hiding your head in the sand and leaving you potentially vulnerable.

As onerous as it may be, I'd take the bull by the tail and face the situation squarely. Leaving Vivant to drive the situation will only reduce the probability of a good outcome for you.

[azdave]

Not to freak you out but Vivint may simply be letting the interest and penalties accumulate and then go after you years from now when you try to sell. They know people move about every 7-9 years.

Maybe their best strategy is letting you think they are incompetent and have forgotten about you. You did sign a transfer agreement right? Why would they walk away from that kind of income potential if they have the original contract and your signature agreeing to assume that contract?

[l008com]

Many months have gone by and not a thing has happened. The panels are still up, and still off. I haven't heard a thing from vivint. Not a phone call (or at least not a voicemail), not a letter, nada. I've been renovating the house so I have been very busy and haven't been thinking about it much.

Given how scammy this contract feels and how incompetent vivint seems to be, I've been toying with the idea of paying $500 for removal, make up some excuse about a roof leak. Then once the system has been removed, never let them put it back. The more I think about it, the more that does seem like a better option. If the system is in they're possession, it seems like a better position for me to be in.

Also the local news has done 3 recent stories about people and their vivint problems. I contacted them after I saw them and they suggested I file a complaint with the state Attorney General and see if they can help. I kind of doubt it, but then again it is massachusetts so maybe I'll get lucky.

But any thoughts on leave the system installed and remaining turned off, vs paying $500 to have the system removed, then not letting them reinstall it? Honestly my guess is they won't remove it for $500 until the "outstanding balance" is paid. Which is most likely never going to happen.

[cebury]

You stated in earlier post you were having trouble understanding the language of the contracts. If you want any further help, you should consider posting both the main contract and the transfer agreement. But know they rarely provide any wiggle room for an easy pain-free escape on your end.

[max2k]

...
That said, for now I'm just doing nothing, seeing what they do next. At some point, I may look in to what the resale value of the system is, and try to negotiate the buyout down to that. If I did that, I'd still have to cash out a lot of retirement stocks to buy out the system, then hopefully sell it all nice and easily to get the money back. It sounds so easy but I have no doubt it will be a nightmare.

I'd make sure that I'm not accumulating interest since the contract exists. Sometimes 'doing nothing' can be very expensive. BTW, does the agreement include terms to get out of it by any chance?

[l008com]

So what happened, from your other post, did they find a Transfer Agreement with your signature on it?

Yup I had a feeling I had signed something but with no copy in my own records, I couldn't be sure.
I'm very annoyed with both my real estate agent and my mortgage lawyer for letting me get into this deal in the first place. They are the experts that are supposed to consult you, thats why they get paid a lot.

That said, for now I'm just doing nothing, seeing what they do next. At some point, I may look in to what the resale value of the system is, and try to negotiate the buyout down to that. If I did that, I'd still have to cash out a lot of retirement stocks to buy out the system, then hopefully sell it all nice and easily to get the money back. It sounds so easy but I have no doubt it will be a nightmare.

[cebury]

So what happened, from your other post, did they find a Transfer Agreement with your signature on it?

[cebury]

Did the OP take out a mortgage to purchase this place? If so, a Home Inspection is usually required by the lender. Inspectors look over the general condition of the property and provide a written report to all parties. Any deficiencies are often used as a way to negotiate either a repair by the seller, or a credit to the buyer for the value of the repair. Presence of solar panels would certainly be noted. Did the OP have an inspection? If the OP paid cash and no lender was involved, an inspection would be optional. At least that's the way it works in my state.

Either they lost his paperwork for the lease transfer, didnt file the UCC1 against the property originally so the title was clear, or they removed the ucc1 too soon before getting OP sig. Who knows. Inspection is irrelevent legally. A mortgage lender will only care about solar if there was a UCC filing, they wont lend if there is one. If your point is an inspection would have triggered a clarification request, specifically for solar PV and explanation of ownership, sure. Fannie and Freddie have been wise to these leases causing issues for several years now.

[Sunburner]

Did the OP take out a mortgage to purchase this place? If so, a Home Inspection is usually required by the lender. Inspectors look over the general condition of the property and provide a written report to all parties. Any deficiencies are often used as a way to negotiate either a repair by the seller, or a credit to the buyer for the value of the repair. Presence of solar panels would certainly be noted. Did the OP have an inspection? If the OP paid cash and no lender was involved, an inspection would be optional. At least that's the way it works in my state.

[max2k]

One thought that just occurred to me, is reducing the size of the solar array something vivint would consider? If it's clear that my array makes a yearly average of 3x more kWH than I use? This would at least stop my monthly electric bill from tripling, and then after a few months, in theory the buy-out on the panels would be smaller so I could hopefully, ultimately work towards buying them out and getting rid of them.

This is assuming all else fails... which is looking more probably now.

if they have legal way to collect money from you they will, I don't expect them to 'understand' your situation. Would you in their place?

If you just need to consume predictable amount of electricity you can simply buy electric heater (oil filled) and leave it ON. Would readily take care of any excess you might have and would save you on heating costs a little. Those heaters never go too hot or make any noise and if you get less 'smart' one and put it on timer you'll know exactly how many kWh were spent. If that is the problem.

[J.P.M.]

One thought that just occurred to me, is reducing the size of the solar array something vivint would consider? If it's clear that my array makes a yearly average of 3x more kWH than I use? This would at least stop my monthly electric bill from tripling, and then after a few months, in theory the buy-out on the panels would be smaller so I could hopefully, ultimately work towards buying them out and getting rid of them.

This is assuming all else fails... which is looking more probably now.

I wouldn't bet on it.

[l008com]

One thought that just occurred to me, is reducing the size of the solar array something vivint would consider? If it's clear that my array makes a yearly average of 3x more kWH than I use? This would at least stop my monthly electric bill from tripling, and then after a few months, in theory the buy-out on the panels would be smaller so I could hopefully, ultimately work towards buying them out and getting rid of them.

This is assuming all else fails... which is looking more probably now.