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What if I need to sell my home while my solar
panel legal case is pending?
A common question that comes up during solar panel litigation is: what should you do if you need to sell your home while the case is still pending? Unfortunately, this situation does occur, especially since most cases take about a year or slightly longer to resolve.
If you are in this situation, the first step is to ensure that your attorney has already sent the demand letter to the lender. This letter should state clearly that any payments you make from this point forward, including the loan payoff at the time of sale, are made
under protest.
This language preserves your right to later sue for a refund of those payments.
Handling the Loan and UCC Lien
Because solar panel loans are often secured with a UCC-1 lien, you will be required to pay off the loan before selling your home.
The lien acts much like a mortgage lien. It must be satisfied before the title can transfer to a new buyer.
Even though this can feel frustrating, it does not hurt your legal case.
Pay off the loan, and your attorney will continue to pursue the same claims in arbitration as before, except now the claim will center on getting your money back, rather than canceling the loan itself.
Shifting the Focus to Financial Recovery
Once the loan is paid off, your case becomes about reimbursement. Instead of requesting cancellation of a loan, your attorney will now demand a refund of the payments you made, including the lump sum used to pay off the lien.
The arguments will be the same, typically based on misrepresentation, breach of contract, or violations of consumer protection laws, but the remedy shifts to seeking financial compensation.
Even if the installer is out of business, the lender can still be held accountable under federal consumer law, including the FTC Holder Rule.
Have questions about selling your home during a solar lawsuit? Contact Prevost Law Firm today for expert legal support.
Our Results
What clients are saying
"Took Care of Everything"
I felt completely stuck when Encor went out of business, leaving me with an unfinished solar system that didn’t work, failed inspections, and a loan I still had to pay. On top of that, they misled me about tax credits and savings, and I ended up paying more in taxes and insurance instead. Prevost Law Firm stepped in and took care of everything. Their team handled my case with professionalism and compassion, and I’m so grateful for the outcome. If you're struggling with solar issues, you need to call them. (Cara J.)
"Exceeded My Expectations"
My experience with Encor Solar was a disaster. They installed a system that didn’t work, used an unlicensed subcontractor, voided my roof warranty, and lied about the need for batteries during power outages. When they went out of business, they left me with an unfinished system and no way to fix the mess they created. Prevost Law Firm was amazing—taking on my case and delivering results that exceeded my expectations. They are true advocates for homeowners, and I’m so grateful for their help. If you're facing a similar situation, I can’t recommend them enough! (John S.)
"Pleasure To Work With"
Would recommend 100%. Neal and his staff did an excellent job keeping me informed about the process every step of the way. He was able to get a settlement. He was a pleasure to deal with. (Gabrielle S.)
"Communicated Each Stage Clearly"
Working directly with Mr. Prevost was excellent. Having worked with several attorneys in several fields regarding general real estate matters, I was very pleased with my specific niche case against UCC-1 filings regarding solar liens. Mr. Prevost knew exactly how things would play out in handling the matter and communicated each stage clearly with me as to what I should do and what his team would need from me in the process. (Cody McDonald)
"Changed Our Lives
We can’t thank Prevost Law Firm enough for what they’ve done for us. My wife and I felt utterly defeated and trapped by the $73,590 loan for a solar panel system that never even worked. Encor, the installer, went out of business before the system passed inspection, but Solar Mosaic still demanded we pay for it. As disabled homeowners, we felt taken advantage of and didn’t know where to turn.
From the first phone call, their team made us feel like we weren’t alone in this fight. They listened to our story, fought tirelessly on our behalf, and never gave up until they got results. Thanks to them, our $73,590 loan was completely canceled, and we were refunded every single dollar of the $28,493 we had already paid into the loan. Best of all, we got to keep the solar panels for free!
When we got the news, we were overwhelmed with relief and gratitude. My stroke has already made life challenging enough, and this financial nightmare had only added more stress. Now, thanks to Prevost Law Firm, we can breathe again and finally focus on getting the panels working for us.
To anyone dealing with a solar panel loan disaster: don’t wait—call Prevost Law Firm. They are incredible, and they truly fight for people like us. We are so grateful we found them, and we hope others in similar situations will reach out for their help.
Bart and Diana Daniels
(855) 584-3576
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The Law Firm Solely Focused on Solar Panel Lawsuits
Neal Prevost, Trial Attorney With 31 Years of Experience
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Nothing herein is intended, and does not, create an attorney client relationship and is for informational purposes only. The Prevost law firm is licensed in Texas and is licensed to practice law in all Texas state courts and in multiple Federal Courts and Arbitration in 46 states. Solar sales are governed by both state and federal law. The attorney client relationship will only be created after the parties enter into a signed letter of representation.