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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We have a 20 year solar panel lease. The first issue we have

Customer Question

We have a 20 year solar panel lease. The first issue we have is we have a solar panel that is broken and we informed the company 7 weeks ago and it has not been replaced yet the say they already sent someone out to our home 3 weeks ago.
Second issue this morning we were awakened with only electricity in the main bedroom. When I checked the electrical boxes installed on our home by the solar company all of the circuit breakers were tripped on the left side. switching them back on did not work. SCE also notified.
There are only two of us in our home and we do not feel the system has performed as we were told it would. Our calendar year with SCE ends in July and we will owe approx. $1000.00 What can we do.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Breach of contract may be minor, or material.A minor breach is substandard performance but one that does not cancel the contract.A material breach goes to the "heart" of the matter wherein the performance is so bad, or nonexistent, that it validates the other party walking away from the contract.Is it a minor or material breach? The Court would decide based on the following subjective factors:1. The extent to which the injured party will be deprived of an expected benefit2. The extent to which the party can be adequately compensated.3. The extent to which the breaching party will suffer forfeiture.4. The likelihood that the breaching party will cure their failure5. The good faith of the breaching party. Arguably here, something akin to this would be a material breach of contract, if not minor. Someone in your situation may wish to file suit against the company (or threaten to do so) for breach of contract, seeking to either LESSEN the amount to be paid, or to quit and walk away, all-together. In the alternative, one can simply stop payment and wait if/when they file suit, and then use the affirmative defense of breach of contract. However this is not a good idea, because by then they can try to place it on your credit, and it is generally better to be on the offensive than the defensive in a lawsuit. Southern California Edison is likely not going to be of any help. The onus is on you to threaten to take this company to court, or to do so. Normally a letter threatening to file a lawsuit may be helpful, as it would get them to acquiesce simply to avoid litigation. But if they do not, then one may have to seek relief via the courts. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!