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What Is the Statute of Limitations for Solar Panel Lawsuits?
When it comes to legal action related to solar panel systems, one of the most common questions homeowners ask is: "Is my case too old?" The answer, as with many legal matters, is, "It depends."
Understanding the statute of limitations is crucial when considering filing a lawsuit against a solar panel company, lender, or other parties involved. Let’s break down what the statute of limitations means, why it varies, and how it could impact your case.
What Is the Statute of Limitations?
The statute of limitations refers to the legal time limit you have to file a lawsuit. Once this period has expired, your claim is generally barred, meaning you cannot pursue legal action. The time frame for the statute of limitations depends on several factors, including:
Type of Legal Claim: Different claims—such as breach of contract, fraud, or warranty issues—may have different statutes of limitations.
State Laws: Each state has its own rules governing the statute of limitations. For example, one state may allow four years for a breach of contract claim, while another may allow only two.
The Discovery Rule: In some cases, the statute of limitations begins when the issue is discovered rather than when it occurred. This is particularly relevant for solar panel cases, where problems like faulty installations or misrepresentations might not become apparent until months or years later.
How the Statute of Limitations Applies to Solar Panel Lawsuits
Homeowners often face issues with their solar panel systems, such as:
Misrepresentations about energy savings.
Fraudulent claims regarding tax credits or incentives.
Warranties that are not honored because the company went out of business.
If your solar panel installer has gone bankrupt or failed to honor their promises, you may have grounds to file a lawsuit. However, if you’ve waited several years to take action, the statute of limitations could affect your ability to sue. For example:
A breach of contract claim might have a statute of limitations of 4 years.
A fraud claim might have a statute of limitations of 3 years but could be extended if fraud was discovered later.
Why You Should Act Quickly
If you suspect that you’ve been wronged by a solar panel company or lender, it’s essential to act as soon as possible. Waiting too long could:
Jeopardize your ability to file a lawsuit.
Make it harder to gather evidence, such as contracts, communications, or expert reports.
Additionally, legal complexities like the Federal Trade Commission Holder Rule may provide avenues for suing lenders if your solar installer is no longer in business. This rule allows you to assert claims against your lender that you could assert against the seller, but timing remains critical.
What You Should Do Next
If you’re unsure whether your case falls within the statute of limitations, consult an experienced attorney who specializes in solar panel lawsuits. They can:
Analyze your specific situation.
Determine whether the statute of limitations has expired.
Help you gather the necessary documentation to build your case.
Key Takeaways
The statute of limitations for solar panel lawsuits varies by state and type of claim.
Acting quickly increases your chances of successfully pursuing legal action.
Consulting with a knowledgeable attorney can clarify your options and ensure you don’t miss critical deadlines.
Don’t wait until it’s too late. If you believe you’ve been misled, cheated, or wronged by a solar company or lender, take the first step by seeking legal advice today. Time is of the essence when protecting your rights.
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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.)
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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.)
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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
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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.