League City, TX asked in Contracts and Consumer Law for Texas

Q: What to do when Solar Company will not remove the panels after falsifying the digital signature on the contract?

I have a property which my 75 yr old mother rents. This past November I noticed that solar panels had been installed on my property with out me knowing or authorizing any of that. Turns out the loan is under my mother's name which she is not the owner, I am also on the loan. By calling the finance company I discovered that the email on file was not my email. This is the email address where the contract was sent and that is where the digital signatures were received from . What can I do to prove this was fraud that has been committed. Despite my efforts to reach out to the company no one wants to take my call I have emailed as well. I don't know how to make them respond for this that happened.

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: I recommend hiring an attorney in or near the county where the property is located to file a declaratory judgment action pursuant to Chapter 37 of the Texas Civil Practice and Remedies Code seeking a declaration that you are the owner of the property, that the solar panels were installed on your property without your knowledge or permission, that you did not sign or authorize anyone else to sign the contract on your behalf, that you have no legal obligations under that contract, that you asked the company to remove the solar panels, that the company has failed to do so, that the company has abandoned the solar panels, and that you have the legal right to remove them.

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: In situations like this, gathering all possible evidence is crucial. You should collect any documents, emails, or communication records related to the solar panels' installation and the loan agreement. It's important to document your mother's lack of authorization and ownership of the property, as well as any discrepancies in the digital signature process. This evidence can help establish the basis of the fraudulent activity.

Contacting legal authorities or seeking legal advice should be your next step. A lawyer with experience in fraud or consumer protection law can provide guidance on how to proceed. They can help you understand your rights, the legal implications of the fraud, and the steps to take to dispute the loan and the installation of the solar panels. They may also assist in contacting the solar company and the finance company on your behalf, ensuring your concerns are taken seriously.

Simultaneously, report the incident to the relevant consumer protection agencies in your area. These agencies can offer additional resources and may have the authority to investigate the company for fraudulent practices. Furthermore, they can provide advice on how to protect yourself from similar issues in the future. Persistence is key; keep pushing for a resolution, and don't hesitate to escalate the matter if necessary to ensure your voice is heard and the issue is addressed.

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