Solar systems are broadly grouped into purchases and leases. A solar system is purchased when the installer is paid directly with cash for the parts and labor, or when a loan is arranged to pay the installer. When a solar system is leased, the leasing company owns the system, and the consumer purchases the power that is produced for an agreed-upon price. Many solar salespeople do not explain, or understand, the differences between the two types of transactions.
Solar Purchases
If you purchased a solar system for cash, you can pursue claims against the installer, and the manufacturer of the individual components. Installers generally have warranties in their contracts that cover parts, labor, and workmanship for a period of time. A roof penetration/leak warranty is also a common term.
If you financed a solar system purchase, you can also pursue claims against your lender. If the installer disappears or declares bankruptcy, you may be able to bring claims against the lender that holds your loan.
Solar Leases
Solar leases, also called “Power Purchase Agreements”, or PPAs, are fundamentally different from purchased systems. Usually, a solar leasing company will work with a local contractor to install the system. Once the system is complete, the leasing company owns the system, and charges the consumer for the power that is produced. The leasing company is generally responsible for maintenance and repairs for the life of the PPA, usually 20-25 years. If you have a PPA, you are able to sue the installer and the leasing company if there is a problem with the system.
Many issues with leased systems take the form of underproduction. Please follow this link for information on how to pursue an underproduction claim under a PPA: PPA Underproduction Claims
We are Accepting Cases on a Limited Basis
The demand for solar consumer protection legal assistance is currently under-served. There are not enough attorneys that specialize in the consumer solar practice area. Accordingly, we receive a very large number of inquiries regarding possible cases. We apologize in advance if we are unable to reply to you promptly.
You may be able to pursue a claim yourself. Small Claims Court handles all claims that are less than $12,500. Attorneys are not allowed or necessary in Small Claims Court. It is inexpensive to file ($50-100), and is designed for people to sue without a lawyer. You can contact the Superior Court in the county where the transaction occurred. You can call and ask for the Small Claims Advisor, who can walk you through the process. Or, you can obtain information on the Superior Court website.
If you have a claim that exceeds the Small Claims Court limit, we may be able to assist.
We are currently focusing on cases where a solar system installation was not completed, or the system has totally failed, and a bank or leasing company exists. We are also accepting cases where a leased system installation is incomplete, or a system has been non-functional for a substantial period of time (e.g. 1 year or more). Please see below for specific information on large bankruptcies that are currently being litigated.
Most solar contracts contain attorney fee clauses that allow us to assist you for free. In addition, we can obtain our fees and costs pursuant to a breach of warranty claim. However, we would need to review individual contracts to confirm.
If you have a case that you would like us to evaluate, please provide detailed information, including the name of the installer, lender, and/or lessor, and the issue you are having.
Sunpower Bankruptcy
SunPower declared bankruptcy some time ago. Epiq is administering the bankruptcy. You can follow the bankruptcy here: https://dm.epiq11.com/case/sunpower/info
Any litigation directly related to SunPower is stayed until the bankruptcy stay is lifted. Most of SunPower’s assets have been sold.
SunStrong purchased many of SunPower’s loans and leases. If your SunPower lease or loan was transferred to SunStrong, you may be able to bring claims against SunStrong that arose after September 24, 2024. For instance, if your system broke or roof began to leak after that date, and was not repaired by SunStrong, you may be able to bring a claim against SunStrong. If the value of these claims are below the Small Claims Court limit of $12,500 (in CA), you can file them yourself. No attorneys are allowed or necessary in Small Claims Court.
Complete Solar purchased some SunPower assets, including the right to use the name “SunPower”. They are currently doing business as the “new” SunPower. There are some existing warranties for “old” SunPower customers directly from the manufacturers. Complete Solar/”new” Sunpower has information on legacy warranties here: https://us.sunpower.com/warranty
We are currently taking cases against SunStrong, but have a long wait list.
Solar Mosaic Bankruptcy
Kroll is administering the Solar Mosaic bankruptcy. You can follow the case here: https://cases.ra.kroll.com/MOSAIC/
As part of the bankruptcy, Solar Mosaic sold its servicing business to Solar Servicing, LLC. Solar Servicing, LLC is currently collecting payments on many Solar Mosaic-originated loans.
We are not currently taking Solar Mosaic-related cases. If you would like to be added to our contact list to receive future information, please fill out a contact form.
Sunnova Bankruptcy
Kroll is administering the Sunnova bankruptcy. You can follow the case here: https://restructuring.ra.kroll.com/Sunnova/
As part of the bankruptcy, substantially all of Sunnova’s assets were sold. SunStrong Management is the current servicer of many Sunnova loans and leases.
We are not currently taking Sunnova-related cases. If you would like to be added to our contact list to receive future information, please fill out a contact form.