Elmont, NY asked in Consumer Law, Contracts and Energy, Oil and Gas for New York

Q: Since the solar company has not placed the solar system in service, can I cancel the agreement?

I told the solar company's rep. that I would not do a contract, to lease the solar system, if the company will put a lien against my house. The rep. informed me the company wouldn't put a lien against my house. My contract states the company, or its affiliates won't apply a lien to the title of my home. However, the agreement does indicate the company may file a ''Uniform Commercial Code-1 (UCC-1) financial statement'' confirming its ownership of the solar system.

Now, I am being told that the UCC-1 is nothing but a lien on my house. The terms of the agreement do not begin until the service has been turned on and, as of now, the company has not notified me to turn on the service. So can I terminate the contract?

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: If they installed the system, they are not going to let you terminate the contract. News 12 just did a report on this. The UCC is not a lien on the whole house, just the solar system. The problem is that some banks do not know how to read it so it is an issue on refinance.

1 user found this answer helpful

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