Fontana, CA asked in Business Law, Civil Litigation and Contracts for California

Q: Myself and sister were co-owners in home in Hesperia ca. Sister was residing in home , signed 20 yr contract for solar

I did not know about this contract signed 11/2018 , until friend sent photo of panels on home. Sister passed 2019 , now I'm dealing with this. Solar company says they only needed one signature. I told them without co-owner signature ? They said yes. Told them they should require both home owners signature. I want to know if I have any legal rights.

1 Lawyer Answer
Joseph Franklin Klatt
Joseph Franklin Klatt
  • La Jolla, CA
  • Licensed in California

A: A co-owner has rights to the undivided whole of the property and could sign such a contract. What you need to find out is if the contract was secured by your real property. If it was a secured loan, then the solar company can ultimately force a foreclosure to get their money out, subject to any superior lien (like a first deed of trust). If, however, the contract was not secured, and it was just a personal contract made by your sister, then you are not responsible for her personal debt.

You should contact an attorney to help you determine these things. On your own, you may want to check title on your house to see if their is a recorded interest in favor of the solar company, and see if there is a UCC filing with teh Secretary of State.

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