solar panels in florida

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Solar Panel Disputes Attorney in Florida

solar panels in florida

Florida homeowners who were subjected to deceptive solar sales practices, undisclosed financing fees, or negligent installation that damaged their roof may have legal rights under Florida and federal law. Mubarak, Sherif & Oladipo, PLLC is dedicated to representing clients who pursue those claims.

Solar Claims We Handle in Florida

Mubarak, Sherif & Oladipo, PLLC represents Florida homeowners who believe they may have been harmed by solar companies through deceptive financing practices or negligent installation. Whether a viable claim exists depends on the specific facts and circumstances of each individual’s situation.

Consumer Protection: Deceptive Sales & Financing Practices

  • Undisclosed dealer fees. Solar finance companies may embed origination fees in the stated loan amount without disclosing them. The CFPB has identified this as a potential concern under the Truth in Lending Act. Whether a fee was improperly disclosed depends on the specific disclosures in each transaction.
  • Misrepresentation of the document signed. Consumers are sometimes told that a tablet signature authorizes only a credit check, when it executes a binding financing contract. Such conduct may constitute a violation of § 501.047, Fla. Stat. The Florida Attorney General’s Office has identified this as a documented form of consumer deception.
  • Failure to provide written cancellation notice. Section 501.031, Florida Statutes, requires written notice of the right to cancel within three business days at the time of any in-home solar sale. Failure to furnish this notice may render the contract voidable under § 501.025, Fla. Stat., depending on the circumstances.
  • Unlicensed door-to-door solicitation. Section 501.022(1)(a), Florida Statutes, requires every in-home salesperson to hold a valid Home Solicitation Sale Permit from the county Clerk of Circuit Court. Conducting an in-home sale without such a permit is a first-degree misdemeanor under § 501.055(2), Fla. Stat.
  • Misrepresentation of energy savings and tax benefits. Representing energy savings as guaranteed, or presenting the federal Investment Tax Credit as certain when eligibility depends on individual tax liability, may constitute a deceptive trade practice under FDUTPA, § 501.204, Fla. Stat.
  • Solar finance company liability. Under the FTC Holder Rule (16 C.F.R. Part 433), the finance company holding a solar loan may be subject to certain claims and defenses the consumer holds against the installer, depending on the structure of the transaction.

WE WILL SPEAK FOR YOUR RIGHTS

Contact us for a free, no obligation consultation to discuss your options. You may find that you are entitled to payment if your claim was denied or underpaid. Let Mubarak, Sherif & Oladipo be your advocate.

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Property Damage: Negligent Installation & Roof Damage

  • Improper roof penetrations. Solar installation requires drilling into the roof deck. When penetrations are not properly sealed and waterproofed in accordance with applicable building codes and manufacturer specifications, they may create pathways for water intrusion that cause structural damage.
  • Defective or absent flashing. Industry standards and manufacturer requirements call for metal flashing around each roof penetration. Contractors who omit or improperly install flashing may be subject to claims for negligence, breach of contract, and Florida building code violations.
  • Failure to obtain required permits. Florida law requires solar installations to be permitted and inspected before connection to the utility grid. The Florida Attorney General’s Office has identified unpermitted solar installations as a predatory practice. Unpermitted work causing property damage may give rise to contractor liability and building code violation claims.
  • Use of unlicensed subcontractors. Solar companies may use unlicensed or inadequately supervised installation crews. Where unlicensed contractors perform work that damages a homeowner’s property, both the subcontractor and the contracting solar company may face liability for negligent hiring and supervision.
  • Voided roof warranties. Improper installation methods — including drilling outside designated areas, using incorrect fasteners, or failing to follow manufacturer specifications — may void existing roof warranties, removing coverage for future damage.
  • Water damage, mold, and remediation costs. Water intrusion from negligent roof penetrations may cause mold growth, structural deterioration, and interior damage. Claims for inspection, remediation, structural repair, and resulting consequential damages may be available depending on the facts.

Important Notice: The information on this page describes categories of legal claims that may be available under Florida and federal law. Whether any particular claim exists depends entirely on the specific facts and circumstances of each individual matter. Nothing on this page constitutes a prediction of success, a guarantee of any legal outcome, or an indication of the likely result in any specific case.

The prospective client may not obtain the same or similar results as any matter previously handled by this firm. Each case is different. Contacting Mubarak, Sherif & Oladipo, PLLC does not create an attorney-client relationship, and no representation is undertaken until a written fee agreement is signed by both the client and the firm.

The following statutes may be relevant to solar consumer protection and property damage claims in Florida, depending on the facts of each individual case.

  • StateFlorida Deceptive & Unfair Trade Practices Act — §§ 501.201–.213, Fla. Stat.Prohibits deceptive and unfair acts in trade or commerce. May authorize actual damages, injunctive relief, civil penalties, enhanced penalties for victims age 60 or older (§ 501.2077), and attorney’s fees for a prevailing party (§ 501.2105), depending on the facts.
  • StateFlorida Home Solicitation Sales Act — §§ 501.021–.055, Fla. Stat.Requires Home Solicitation Sale Permits, mandates written notice of the three-business-day right to cancel, and may require refund of payments upon lawful cancellation (§ 501.041), depending on the circumstances.
  • StateFlorida Building Code & Contractor Licensing LawsRequire permits and inspections for solar installations. Negligent installation, unlicensed contractor work, and code violations causing property damage may support claims for negligence and breach of contract.
  • FederalFTC Holder Rule — 16 C.F.R. Part 433May subject the solar finance company holding a consumer’s loan to certain claims and defenses the consumer holds against the solar installer, depending on the structure of the transaction.
  • FederalTruth in Lending Act — 15 U.S.C. § 1601 et seq.Requires disclosure of finance charges and the Annual Percentage Rate. Fees embedded in a loan principal without required APR disclosure may constitute a violation, depending on the specific loan terms and disclosures provided.

Schedule a Free
Initial Consultation

Mubarak, Sherif & Oladipo, PLLC offers a free initial consultation to Florida homeowners with potential solar consumer protection or property damage claims. At that consultation, an attorney will discuss your situation, explain the applicable law, and describe the fee arrangement for your matter.

You may wish to contact us if:

  • A salesperson came to your home uninvited to sell solar panels
  • You were told a tablet signature was for a credit check, not a contract
  • Your loan balance appears higher than the quoted system price
  • Your energy bills did not decrease as represented at the time of sale
  • Your roof leaks or shows water damage following installation
  • The installation was unpermitted or performed by unlicensed workers
  • Your existing roof warranty was voided by the installation

Required Disclosure

Fee Arrangement

Mubarak, Sherif & Oladipo, PLLC handles certain solar claims on a contingency fee basis, meaning attorney’s fees are owed only if there is a financial recovery in your matter. However, you may be responsible for case costs and litigation expenses regardless of the outcome of your case. The specific terms of any fee arrangement will be explained in writing at your initial consultation before any representation begins.

No Guarantee of Results

The prospective client may not obtain the same or similar results as any matter previously handled by this firm. Every case depends on its own facts, evidence, applicable law, and other circumstances. Nothing on this page constitutes a promise, guarantee, or prediction regarding the outcome of any legal matter.