Q: We are buying a home that comes with a leased solar system. On disclosure form it noted same but not the details.
The seller agreed to the original lease terms, we find them ridiculous and don't wish to sign on. As we signed for the home with the disclosure that said home has a leased system, are we now stuck with the sellers original lease agreement? I equate this to buying a home that has a leased propane tank system that now somehow you are forced to contract with for service of said system when you buy the house.
A: Did your attorney address in the contract language that made your obligation to purchase the home contingent upon your being satisfied with the terms of the solar lease? If so, you should have an out
A:
The most common issues arise when sellers fail to disclose a latent defect, fraudulently conceal something a reasonable buyer cannot see, or misrepresent the property while seeking a sale. From your description, it seems that the solar cell contract was not latent and isn’t a defect, even though you don’t like that feature. Where you go from there depends on what rights you have in the various contracts. It might be wise to sit down. With an experienced lawyer before your inspection contingencies expire.
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