How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114019
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
10285032
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Really cool that there is a web site . We signed on

Customer Question

Really cool that there is a web site for this. We signed on with a solar panel company lease about Sept. 2015. We are moving to a bigger home and have been told there is 2 ways to go with this. Either the buyer of this house takes over our lease or we have to buy the system for $52,000. When we talked about getting the panels in the first place the co. said it wasn't a good idea to buy the system, the better way to go would be the lease option. At that time the purchase of the system was about $20,000. We are finding that taking over a 20 year lease is something most potential buyers have no interest in. No pun intended. We would love to buy the system and move it to our new home. Pretty sure we are going to take a financial hit on this home and these panels are just making a bad deal worse.
Thanks in advance, ***** *****(###) ###-####or***@******.***
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, once you sign a contract with anyone, you are bound to the terms of that contract. Unless the contract provides some cancellation clause, you are bound to complete the terms of the contract. If you can purchase the system and it is able to be moved, you are able to do so before selling the home, that is your right. If the system cannot be moved, then you have to either include it in the house and get the buyer to sign a new lease with the company agreeing to take over the lease (or buy it and include the price in the house if at all possible) or you would be liable to pay the lease on the equipment or buy it as the contract says I am afraid.

So, if you can remove the system from your home without damaging the home or your system and you are willing to continue buying it or leasing it, then that would be your only other option if you cannot find a buyer willing to take it over.
Customer: replied 10 months ago.
As we said, we are willing to take the panels and the lease to our new home but they tell us that would cost us $52,000 plus the charges for the R&R. At the beginnings of this negotiation the cost of buying our system would have been about 20K, why is it 52K. Pretty sure this would all be a simple process, we are just being hard balled. Leases just can't be this hard to stop. We are thinking along the lines of 30K.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply Written contracts are used to bind people to agreements that they make. Your statement saying "leases just can't be this hard to stop," I am afraid reflects a common misconception about the law. When a party signs a contract, the courts hold they are bound to the terms of that contract and under law the court has no option but to enforce the contract as written. You are free to negotiate with the company to seek to get them to agree to something less, but legally if the matter had to go to a court, under the law the court has to enforce this contract just as written and it really is that black and white under the law unless the other party somehow breached the contract and failed to perform. You can make your offers to buy out the lease, but it is discretionary to the other party as you have not stated any legal basis which you could use as leverage for them to agree to take less than what the contract states is due to the company.
Customer: replied 10 months ago.
I know that when I say this it will not help my situation but what you said in your answer is the same info that was in my question. We were hoping that someone in the legal world would be able to at least add or send us on our way to someone who has maybe come across this problem. The last time I used Justanswer, the answer was along the lines was "do you have it plugged in." We are, as most people that need an answer, not looking for the obvious, but maybe an answer that isn't the obvious.
We will not be using this website again, and some friends will be told about what type of answers are available here. Again, what I asked was the same as your answer. All the same info! Needed mostly why is it now 52K after 8 months from the time it was about 20K. No need for you to answer again, we already have your response!!
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
I am afraid that the laws do not change just because you may know them but come to an attorney to ask about the laws. I can only tell you what the laws are saying, I cannot make up magic for you to get you out of your situation and I am sorry if that is what you came her expecting. When you sign a document, you are bound by that document and what it says and I cannot change that for you and I am very sorry that you do not like it, but I cannot make up things for you to do or try that are not within the law or would cause you legal troubles later.
We frequently get people in our office and at this site who know deep down what the answer is and come to us hoping for a miracle, but many times there are no miracles and while I feel sorry about that and would love to give you one, it is hardly my fault.
While you may be looking for that miracle or magic answer, in this case there is no such magic answer based on the law and the facts you provided and blaming me for that is unfair.