Do I Have a Good Case?

This is the top question our clients ask us, so we wrote an article about it to help you decide for yourself.

Picture it: a polished, well-dressed salesperson knocks on your door, offering a deal that sounds too good to be true. They pitch solar panels as clean, green, environmentally friendly, and a surefire way to slash your electricity bills. They promise you’ll pay as little as $20 a month, maybe even nothing, with just a meter connection charge. Some even claim the utility company will pay you for excess energy. On top of that, they dangle the prospect of a hefty tax refund or credit from the government.

It’s a no-brainer, right? But then the dream unravels. You sign a contract, likely without reading it, or perhaps your signature was forged. You never receive a copy of the agreement, leaving you unaware of your right to cancel. You’re locked into a 20, 25, or 30-year loan or lease, paying far more than promised. The panels, if they’re even installed, don’t work as advertised. Worse, the installation might damage your roof or wiring, and you discover the installers may not have been licensed or obtained proper permits. When you try to reach the salesperson, they’re unresponsive, have vanished, or their company has gone bankrupt. The finance company is no help either, threatening credit damage, debt collection, liens or lawsuits if you don’t keep paying. Now you’re stuck with both electric and finance bills, paying double what you were before this never-ending horror movie that began with what seemed like an innocent knock at the door, from what turned out to be brilliantly disguised villain.

If this sounds familiar, you may have been a victim of solar panel fraud. The good news? You might have a strong legal case. Below, we explore key factors that determine whether you have a viable claim, based on the types of questions our expert litigators ask to evaluate cases like yours.

KEY FACTORS IN BUILDING A STRONG CASE

Fraud, Misrepresentation & Broken Promises

One of the most common issues in solar panel fraud is misrepresentation. Did the salesperson promise
your electricity bill would drop to close to nothing? Did they guarantee specific energy output or even claim the utility company would pay you? If these assurances didn’t materialize, you could have a claim for fraud or breach of contract. For example, if your electricity and finance payments combined are higher than before, or if the system produces far less energy than promised, this discrepancy is critical evidence.

Additionally, tax benefits are often overstated. If you were told you’d receive a large tax benefit but didn’t, perhaps because you didn’t qualify due to income, this could further strengthen your case. Be prepared to provide details of what was promised, including any brochures, advertisements, or verbal assurances.

Contract Issues

The circumstances surrounding the contract are crucial. Were you pressured and hurried to sign without
reading it? Did the salesperson fail to provide a copy, preventing you from exercising your legal right to
cancel? Was the contract signed electronically under questionable circumstances, or do you suspect
forgery? If you weren’t given a chance to review the contract or seek advice, or if the contract’s terms (e.g., loan amount) differ from what you were told, you would have grounds to challenge its validity.

Other factors include whether the contract was signed by someone vulnerable – such as an elderly or
disabled person – or under duress, mental incapacity, or intoxication. These conditions could render the
contract unenforceable.

Installation and System Performance

If the panels were installed, several issues could bolster your case:

• Non-functionality or underperformance – Does the system produce the energy promised? If not, monitoring software data and utility bills showing no savings can serve as strong proof in court.
• Property damage – Did the installation cause a leaking roof, faulty wiring, or other harm? Photos, videos, repair estimates and invoices and professional inspection reports can document this for use at trial.
• Diminished property value – If the system or its lien makes your home harder to sell, an expert real estate valuation could quantify this loss for the judge.

Financial Harm

The financial impact of the deal is a critical factor. Are you paying more than promised, whether through
loan/lease payments or combined utility costs? How much is still owed, and are you still making payments? If you’ve stopped paying, when and why? Bank statements, canceled checks, or other records showing payments to the solar or finance company can demonstrate your losses. Additionally, if the finance company is threatening liens, negative credit reporting, or lawsuits, this could indicate unfair debt collection practices. We have a special packet to help you get help from the government to stop the harassment.

Evidence of Fraud or Deceptive Practices

Fraud claims often hinge on deceptive sales tactics. Consider:

• How were you contacted? Cold calls and door-to-door visits almost always involve high-pressure, illegal, sales tactics.
• What was promised? False guarantees about energy savings, tax benefits, or system performance are signs of a sham sales process.
• Did the salesperson visit your property? A “custom” presentation tailored to your home may have been designed to exploit your trust.
• Were you misled about the company’s status? If the sales or installation company is no longer in business, but simply trading under a new name, this could point to a pattern of fly-by-night fraud.
• Did the salesman just flat out lie to your face? Contemporaneous text exchanges, e-mails, voicemails and audio recordings are also powerful pieces of evidence to use in cross-examination against these liars.

Supporting Evidence

The strength of your case depends on documentation. Gather:

1. Contracts, emails, text messages, or audio recordings with the salesperson, installer, or finance
   company.
2. Utility bills before and after installation to show lack of savings.
3. Photos or videos of property damage or non-functional panels.
4. Marketing materials, brochures, or advertisements that misled you.
5. Records of tax filings and complaints filed with the authorities.
6. Expert reports, such as solar technician inspections or real estate valuations, to confirm defects
   or losses.
7. A contemporaneous diary or timeline of events can also be useful to document exactly what
   happened, especially admissions of liability and failures to fix.

Damages and Desired Outcomes

To pursue a case, you’ll need to show financial, property-related and other damages that you have suffered and continue to suffer. Common examples include:

• Overpayments or unexpected loan/lease costs.
• Lost tax benefits or energy savings.
• Property damage or diminished home value.
• Emotional distress or other personal harm.

What’s your ideal outcome? Full contract cancellation? Compensation for damages? A settlement to fix the system? Defining your goals helps our attorneys assess whether litigation or negotiation is the best path. We will be YOUR lion’s voice.

NEXT STEPS: EVALUATING YOUR CASE

If you suspect solar panel fraud, consult one of the dedicated attorneys at the Joshua S. Horton Law Firm,
fearless litigators experienced in consumer protection fraud cases. They’ll ask detailed questions to assess:

• The extent of misrepresentations or broken promises.
• Contract irregularities or predatory sales tactics.
• System performance and installation issues.
• Financial and property-related damages.
• Available evidence to support your claims.

Be thorough when answering these questions. Even seemingly minor details, like how the salesperson first
contacted you, can make a huge difference; did you know unlicensed home solicitations could be a crime?

Signs of a Strong Case

The classic hallmarks of a powerful case include:

1. The salesperson made specific, unfulfilled promises about costs, energy output, or tax benefits.
2. The contract was signed under questionable circumstances, or its terms don’t match what you were told.
3. The system doesn’t work, was improperly installed, or caused property damage.
4. You’ve suffered clear financial losses, such as higher-than-expected payments or repair costs.
5. You have evidence, like contracts, communications, or utility bills, to back your claims.

CONCLUSION

Solar panel fraud can leave you feeling trapped, financially burdened, with a faulty system, and a lien on
your home. But you’re NOT powerless. By carefully documenting your experience and working with a
skilled attorney, together we can build a powerful case to fight back. The questions in our industry-leading intake form are designed to uncover the truth: Were you misled? Was the contract unfair? Did the system deliver as promised? If the answer to these is YES, you may be entitled to compensation, contract cancellation, or other remedies. Don’t let a slick cheat-thief’s promises dim your family’s future, take action to protect your rights. Now is the time to act because they are going bankrupt faster than rats leaving a sinking ship.

Stay tuned for next week’s article about the process to get justice, cure the harm you have suffered and
hold the scammers accountable. In the meantime, to be heard, contact the voices for the voiceless,
email Joshua at josh@joshuahortonlaw.com and Frank at frank@joshuahortonlaw.com.