Arlington, VA asked in Real Estate Law for Maryland

Q: I am buyer. Seller did not disclosed information about solar panel contract. Can I refuse to buy and get my depositback

Do I need an attorney or it can be mediated?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Need more facts. What, exactly, is the non-disclosure? That warranty repairs were limited to manufacturer warranties? That disputes under the solar panel contract can only be resolved by binding arbitration in Chester County, PA? Or that the solar panels have a balance due with 48 monthly payments of $600 left to pay? The first two would not be deemed material enough breaches of the seller's disclosure obligations to allow you the ultimate remedy of rescission of the contract, or any remedy. The latter perhaps could be argued to cancel the contract, but more likely is worth a monetary judgment (or reduction of the purchase price) for the amount of the undisclosed balance due on the solar panels. The argument would be that he sold the house with solar panels, and if they were not yet paid for, then he sold you something for full price that he didn't even own; so, yes, the seller owes the balance of the purchase price of the panels in that scenario. If the seller refuses to give a credit for the balance due, then you will likely have a fight on your hands over the earnest money deposit or specific performance of the contract. Start setting aside attorney's fees for the coming litigation, and delay your plan to own a house for a while. Courts are slow to schedule trials during the pandemic. Or find a way to work things out and settle.

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