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OH NO! Our home in escrow has a SOLAR LEASE!

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tim1017
Regular Contributor

OH NO! Our home in escrow has a SOLAR LEASE!

Found out today that the house we have in escrow has a LEASED solar system.  Owner is in yr 2 of a 20 yr lease.  In reading the contract here are my takeaways:

 

1.  20 year lease, $0.15 per killowatt hour, plus a 2.9% increase every year.  There is an option to BUY the system at the end of the contract for the appraised value at the time of exercised option.  But I'm sure that system will be outdated by then.  
 
2.  Can't say for sure but from what I could read the sellers need to have us assume the agreement otherwise the sellers are on the hook for a bunch of money.According to what I could read in that area, the seller are required to have an agreement with the transferee to assume prior to closing.  
 
To me leasing solar is scam (no offense to anyone in the leasing solar business).  It just doesn't make sense to me.  I wouldn't lease a car for twenty years and then buy it at the end of the term.  So someone needs to convince me this makes financial sense (cent$).
 
1.  My 1st QUESTION here is, has anyone been involved in a purchase of a home where the owner was tied to a solar lease?  
2.  I'm afraid that this could be a deal breaker, what options do I have?  I contacted my realtor and she's digging into the contract and contacting the sellers.  I see this as leverage but not sure I cna excercise it if the sellers don't have much equity left (which I don't think they do).
 
Any input would be greatly appreciated. 
04/27 SCORES - EQ 653
EXP 672
TU 653
Message 1 of 18
17 REPLIES 17
StartingOver10
Moderator Emerita

Re: OH NO! Our home in escrow has a SOLAR LEASE!

I am sorry to hear about your plight.

Like you, I too am not a fan of a long term lease, most especially on equipment that rapidly depreciates.   Especially since these leases end up as liens on the property.

 

Is there a early buy out clause for the lease? Have you actually seen the lease paperwork?

 

The only experience I have with solar leases is when the actual home loan is in default and the lessor made it difficult to negotiate a short sale by requiring an almost 100% buyout of the lien in order to accomplish the short sale. I hope the lessor on your deal is more realistic.

Message 2 of 18
Anonymous
Not applicable

Re: OH NO! Our home in escrow has a SOLAR LEASE!

I'm thinking deal breaker, unless you wanna pay for it for next 15 years LOL.  I don't mean to laugh but c'mon a SOLAR thing for 20 years????  LOL

Message 3 of 18
Anonymous
Not applicable

Re: OH NO! Our home in escrow has a SOLAR LEASE!


@tim1017 wrote:

Found out today that the house we have in escrow has a LEASED solar system.  Owner is in yr 2 of a 20 yr lease.  In reading the contract here are my takeaways:

 

1.  20 year lease, $0.15 per killowatt hour, plus a 2.9% increase every year.  There is an option to BUY the system at the end of the contract for the appraised value at the time of exercised option.  But I'm sure that system will be outdated by then.  
 
2.  Can't say for sure but from what I could read the sellers need to have us assume the agreement otherwise the sellers are on the hook for a bunch of money.According to what I could read in that area, the seller are required to have an agreement with the transferee to assume prior to closing.  
 
To me leasing solar is scam (no offense to anyone in the leasing solar business).  It just doesn't make sense to me.  I wouldn't lease a car for twenty years and then buy it at the end of the term.  So someone needs to convince me this makes financial sense (cent$).
 
1.  My 1st QUESTION here is, has anyone been involved in a purchase of a home where the owner was tied to a solar lease?  
2.  I'm afraid that this could be a deal breaker, what options do I have?  I contacted my realtor and she's digging into the contract and contacting the sellers.  I see this as leverage but not sure I cna excercise it if the sellers don't have much equity left (which I don't think they do).
 
Any input would be greatly appreciated. 

Solar arrays don't really have moving parts, so they SHOULD last for a long time. That said, the terms of the contract are exceptionally important. You need to find out who is responsible for maintenance. If you are, that's a dealbreaker. You also need to know the going rate for non-solar electricity. You may find that the solar rate is much lower than the conventional rate. If it isn't, that might be another deal breaker.

 

I would guess that the rate is lower, otherwise, what's the point in having it? The option to buy is just that, an option, so you don't have to purchase at the end of the 20 years. Let's ignore that part for now, under the assumption that you won't purchase. However, you still need to know when you need to notify the company and how you go about declining that option.

 

What happens if you simply unplug the solar array? It doesn't appear that you're actually paying money for the lease, just the electricity used. I find that kind of insane, since I'm sure you'll be a net electricity generator, not consumer, when using solar power. However, if you're only paying for electricity, you should be able to have an electrician disconnect the array from the house. That will give you additional leverage over the leassor for renegotiations. Once again, however, this is depenant upon your contract. 

 

Good luck, OP!

Message 4 of 18
StartingOver10
Moderator Emerita

Re: OH NO! Our home in escrow has a SOLAR LEASE!

Check your lease contract. I am pretty sure there is an equipment componet and that the lease also allows the lender to lien the property. If you don't have a copy of the lease, get one from either the seller or the vendor or the title company.

 

The whole reason they lien the property is to get paid so you are forced to deal with this lease or walk away from the deal.  It isn't as simple as unplugging the equipment,

Message 5 of 18
tim1017
Regular Contributor

Re: OH NO! Our home in escrow has a SOLAR LEASE!

Here is a short update:  

  • So there is a component of the lease where a lien on the property can be placed.
  • The rates are lower than conventional with an increase of 2.9% every year
  • Maintenance is carried by the lessor, which is minimal.  There really is no maintenance required other than hosing off the dirt every now and again.  Parts are made to last up to 25 yrs.
  • Internet connection is REQUIRED or it is cause for default
  • They receive the 30% Fed Tax credit
  • There is a buyout clause for when the current owners sell the property, the sellers have th eoption to purchase the system (currently at $20,482) or $4 per watt.  I contacted the sellers and they are not looking to purchase the system. 

I contacted the solar company and worked out a concession from them to extend the the buyout offer to me for an additional three months after close.  I am very much in favor of solar but I don't want all these restricitons in place with the current contract AND I want to pay NOTHING for energy as a opposed to a reduced rate.  I believe adding the solar as as a part of the home would add some equity (how much I have no idea as this is still relatively new).  The three months will also let me gauge the ACTUAL value and maybe help me negotiate a lower purchase price for the system.

 

 

04/27 SCORES - EQ 653
EXP 672
TU 653
Message 6 of 18
Gunnar419
Valued Contributor

Re: OH NO! Our home in escrow has a SOLAR LEASE!

$4 per watt is a terrible price for a solar power system these days, and you're talking about a used one.

 

What about batteries? They're the weak point of solar power systems. You wouldn't believe the maintanance they require or how quickly they can go bad if they aren't babied.

Message 7 of 18
disdreamin
Valued Contributor

Re: OH NO! Our home in escrow has a SOLAR LEASE!

Solar systems do not substantially impact equity at all. A brand new system than ran $20k+ did not affect the appraised value at the time of install, nor did it impact the assessment upon refi, according to the assessor.
Message 8 of 18
ezdriver
Senior Contributor

Re: OH NO! Our home in escrow has a SOLAR LEASE!

I recommend that you have the current owners deal with the lease termination and do your own later on if you wish. I am baffled as to why you are only now knowing about this? Are you useing a Realtor? Did the Realtor know about it and fail to tell you?

 

Step away from the financial responsiblity for that lease ... even a buyout offere extension. That's my recommendation.

Message 9 of 18
Tarkovsky
Established Member

Re: OH NO! Our home in escrow has a SOLAR LEASE!


@tim1017 wrote:

Here is a short update:  

  • So there is a component of the lease where a lien on the property can be placed.
  • The rates are lower than conventional with an increase of 2.9% every year
  • Maintenance is carried by the lessor, which is minimal.  There really is no maintenance required other than hosing off the dirt every now and again.  Parts are made to last up to 25 yrs.
  • Internet connection is REQUIRED or it is cause for default
  • They receive the 30% Fed Tax credit
  • There is a buyout clause for when the current owners sell the property, the sellers have th eoption to purchase the system (currently at $20,482) or $4 per watt.  I contacted the sellers and they are not looking to purchase the system. 

I contacted the solar company and worked out a concession from them to extend the the buyout offer to me for an additional three months after close.  I am very much in favor of solar but I don't want all these restricitons in place with the current contract AND I want to pay NOTHING for energy as a opposed to a reduced rate.  I believe adding the solar as as a part of the home would add some equity (how much I have no idea as this is still relatively new).  The three months will also let me gauge the ACTUAL value and maybe help me negotiate a lower purchase price for the system.

 

 


As far as I can tell, this is how the numbers break down. First, let's assume the following:

1) the starting rate at which the owner purchased electricity was $0.15/kWh, and that rate increases by 2.9% annually;
2) the owner is in Year 2 of the 20-year lease, so the current purchase price is $0.1544/kWh;

3) you use 1,000 kWh per month (that's about the national average for a home).

Based on those assumptions, you will have paid a cumulative electricity bill of $21,135.87 at the end of Year 11 of the lease (i.e., your tenth year of owning the home, provided you purchase it this year). Based on the lessor's offer to sell the system outright at a price of $20,482, you'd pass that cumulative cost somewhere in the middle of Year 10 of the lease (i.e., after about 9.5 years of you owning the home).

Now, the above analysis doesn't take into account any other associated costs (e.g., maintenance checkups, purchase of new batteries, etc.). It also assumes that you're getting all of your 1,000 kWh a month from the solar array and battery system only (which may be a fair assumption if the battery system is large enough). If you have to periodically rely on another backup system (e.g., diesel generator) in periods of high demand or prolonged cloud cover, there will be additional costs for fuel. That said, the above analysis also doesn't take into account if you have the possibility of net metering, where you put extra electricity back onto the grid (and for which the electric company pays you). Net metering is a fairly common thing these days, so I'd definitely check with the current homeowner to see if the system is setup for that, and if so, how much they're seeing in compensation from the power company each month. In some case, net metering takes a big chunk out of your out-of-pocket costs if you're generating far more than you use.


If you didn't buy the system outright and just continued to pay the lessor for those 1,000 kWh/month for the balance of the 20-year lease period (i.e., approximately 19 years of you owning the home), the cumulative cost to you personally would be $46,077.78 (again, using the aforementioned assumptions). From that perspective, it's certainly going to be cheaper to just purchase the system outright. For reference, the national average price for electricity is currently about $0.13/kWh, so the current solar price is only a little bit more expensive than grid-supplied electricity (and it may become cheaper in the long run, depending on coal and natural gas prices). It all depends on how much electricity you use and how much the maintenance costs. If you don't use much electricity, it may not be all that beneficial to buy the system. If, however, you use more than 1,000 kWh a month, it becomes much more beneficial to buy it outright. The batteries are usually the big maintenance cost, as they typically need to be replaced once every 7-10 years, provided they've been kept in good condition and have been checked by a technician periodically (once a year or so, kind of like a furnace inspection). The main thing would be to ask the current homeowner what their maintenance costs are and what (if anything) they're getting back for net metering. If the system is guaranteed for 25 years, I wouldn't be worried about it becoming obsolete. Solar panels are pretty simple and quite reliable. The batteries are the weak link, but even those are generally worry-free.

Message 10 of 18
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