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Cydney
About 6 months ago a relative in her 90’s fell victim to a predatory solar salesman- he told her the whole system was free because she has a “historical property” or something. He was fired as far as I know, but the company won’t budge on the system.
I suppose it’s her word against his anyway, and she trusted him and didn’t read the paperwork. Her bad.
Anyway- her son’s name is also on the deed of the property.
Is there any recourse whatsoever in the fact that he owns the property 50% and he didn’t agree to this?
Or does only one party need to agree when there are multiple owners?
DamonThis is a legal question best directed to a lawyer in this person’s jurisdiction.
That said, there are ALWAYS arguments to get out of a contract. The question will come down to cost of doing so versus the likelihood of recovery.
But an attorney who reviews the contract and gets the facts from all parties involved is going to be the best person to answer those questions.
JohnElder abuse — a serious crime. It’s not clear — was the system actually installed, or she just has a contract?
If not yet installed, it should be an easy fix if the company wants to avoid legal trouble.
LoriA relative in their 90’s? A case could possibly be made regarding competence to consent depending on their mental status.
FrancesI would suspect this is not the only case. Not sure this advise is sound but is this a case for the Attorney General?
In my state, i’d call the office and run it past them.
Richardis a custom legal AI
1. Joint Ownership and Consent
When a property is co-owned (such as your relative and her son jointly owning the house), consent from all owners is typically required for major decisions that affect the property, especially those involving long-term commitments like a solar installation agreement.If only one party (your relative) signed the contract, and her son (as a co-owner) did not consent, this could be a point of legal challenge.
Whether the contract is enforceable against the property may depend on how the ownership is structured (e.g., joint tenancy, tenants in common) and local property laws.
2. Authority to Bind Co-Owners
In many cases, one co-owner cannot unilaterally bind the entire property to an agreement, especially if it imposes obligations that affect both parties, like liens or financing agreements tied to the property.If the solar company is trying to enforce a contract that only one of the co-owners agreed to, your relative’s son could potentially argue that the contract is not enforceable because he did not give his consent.
However, this may depend on the specific terms of the contract and how the property ownership is defined.
3. Fraudulent or Misleading Sales Practices
Your relative may also have recourse through consumer protection laws.If the salesperson misled her by stating the system was “free” or falsely claimed the property’s historical status qualified for a discount, this could be considered a deceptive trade practice.
Many states have laws that protect vulnerable consumers, especially the elderly, from predatory or fraudulent sales tactics.
Even if the salesperson was fired, the company could still be liable for the misrepresentations made on its behalf.
4. Reviewing the Contract
It’s crucial to thoroughly review the signed agreement. Sometimes, contracts contain provisions that offer ways to cancel or modify the agreement, particularly if there was fraud, misrepresentation, or a lack of proper consent from all necessary parties.If the company hasn’t budged on removing the system, the specific terms of the contract will be important to understand what options may exist for cancellation or challenging the agreement.
5. Potential Legal Remedies
Consumer Protection Complaint: Filing a complaint with a state consumer protection agency or the Better Business Bureau could put pressure on the solar company.Some states have specific protections for senior citizens who are victims of scams or high-pressure sales tactics.
Civil Lawsuit: Your relative and her son could consult with an attorney to explore the possibility of filing a lawsuit, potentially seeking to void the contract due to fraud, misrepresentation, or lack of consent from all co-owners.
Dispute Resolution: If the contract includes an arbitration or mediation clause, this may offer a less costly and faster way to resolve the issue than litigation.
Conclusion:
Your relative’s son may indeed have a valid argument based on the fact that he did not consent to the installation and his co-ownership of the property.Additionally, the misrepresentations made by the salesperson could form the basis for challenging the contract under consumer protection laws.
It is advisable to consult with a qualified attorney who can review the property deed, the contract, and state law to determine the best course of action.
TracyI would talk to an attorney AND make a complaint with elder services & the AGs office for predatory practices by the salesman.
Can’t hurt to also seek out assistance from your senators office, local news, etc…
BrianMeet with an attorney and consider having them send a letter asking for the contract to be terminated and on what legal basis.
LoriFile complaints immediately with
1- the attorney general in the state that the contract was signed in
2- elder services for elder financial abuse3-the local police department against the actual sales representative
4-the local senator for the district the property is in5-department of public utilities in the state where the property is – I would go to the state website and look at every department that is listed, and file with anything that looks like it might be a good place to get help.
These moves won’t cost anything. If none of those goes anywhere in very short order, then engage a local attorney.
But I wouldn’t spend any money on that route until the free, much more serious avenues have been exhausted.
Don’t try to take this on without the backup of the agencies above because it’s likely that the company is just going to ignore you because you don’t have any real clout.
The fact that the sales representative was let go is probably a good thing and may help the company do the right thing after the state and local agencies are done with them.
AndreaDepends on whether tenants-in-common or joint tenants, and whether there is a written agreement on this issue. You need a qualified lawyer.
Don’t trust AI.HeatherThis answer depends on your state.
In Ohio the person with a life estate can still do whatever they want to the house even though it’s deeded to others.An Ohio roof company wouldn’t talk to me without my husband home.
In Pa you both have to sign the contract.
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