Q: How do I get out of a bad solar contract?
We got ripped off by a solar company in 2020, when we were busy working 16+ hour days while taking care of kids at home. The salesperson said that the panels would cover 100% of our electric needs but it only covers 75% at best and the payments are as much as the electric costs without solar. The contract cost is above market costs for the system we got and will never pay for itself. The finance company put a UCC filing on the property and refuses to help us even though they know we were ripped off. Is there a way we can just remove the panels and UCC filing? Is there a way to just get out of the contract? I have documentation on everything.
A: unfortunately, you can't simply "remove" a UCC financing statement. It has to be done either by court order after a lawsuit or by agreement of the parties. What your rights are regarding these representations depends in large part on what your contract with the solar panel company says. There are Texas statutes such as the Consumer Protection Act which may give you remedies depending on how your contract is worded. You are best advised to have an attorney review the contract and the representations made by the salesman to see if you have a claim under Texas law. Then, a demand letter requesting termination of the contract and removal of the financing statement can be sent to the solar panel company. If the demand letter does not get you results, you may need to file suit.
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