Buy and Sell debt portfolios online

Terminated Solar Panel Contracts: Working with Problematic Accounts

Fact checked
Read time:
3
min

This text has undergone thorough fact-checking to ensure accuracy and reliability. All information presented is backed by verified sources and reputable data. By adhering to stringent fact-checking standards, we aim to provide you with reliable and trustworthy content. You can trust the information presented here to make informed decisions with confidence.

Author:
Table of contents

Millions of solar panel contracts are being terminated, leaving homeowners with non-functional systems, unclear payment obligations, and lost warranties. This article explains why contracts are terminated, the financial and legal challenges they create, and how to recover value from these situations.

Key Takeaways:

  • What are terminated solar contracts? These are agreements that end prematurely, often due to company bankruptcies, payment issues, or system failures.
  • Why do they matter? Homeowners face unresolved debt, abandoned systems, and no warranty support. Financial institutions struggle with collection and asset recovery.
  • How to address the problem?
    • Review contracts for warranty and payment terms.
    • Use legal tools like mediation or litigation to enforce agreements.
    • Recover value through settlements, equipment recovery, or regulatory remedies.

Quick Comparison of Contract States:

Contract State System Status Financial Impact Warranty Coverage
Active System working properly Regular payments, clear terms Full warranty protection
Terminated System non-functional Outstanding debt, unclear resolution Limited or no coverage
Fulfilled System fully paid off No ongoing payments Manufacturer warranty only

Example Cases:

  • Frank Deni spent $36,470 on a solar system, only to lose warranty support when the company went bankrupt.
  • Jack Bell pays $189/month for a leased system that stopped working in 2024, while also paying unexpected electric bills.

This guide provides strategies for legal action, debt recovery, and portfolio valuation to navigate terminated solar panel contracts effectively.

What to Do When Your Solar Company Goes Bankrupt

Why Solar Panel Contracts Get Terminated

The rapid growth of the solar industry has led to a rise in contract terminations, posing challenges for managing debt portfolios.

Top Reasons for Termination

Several factors drive solar panel contract terminations, including:

Termination Trigger Primary Cause Financial Impact
Company Bankruptcy Installer insolvency Loss of warranty coverage and support
Payment Issues Customer financial hardship Defaulted loans and collection challenges
System Failures Equipment malfunction Ongoing payments for nonoperational systems
Contract Disputes Misleading sales practices Legal complications and payment disputes

Recent examples highlight the effects of these terminations. In 2024, Vision Solar filed for bankruptcy, leaving $10.4 million in claims - 65% of its total creditors. The company's aggressive sales approach, paired with poor execution, led to widespread contract cancellations.

"Sales were important because as soon as Vision Solar signed up a customer, it sold that contract to a financing entity and received cash. However, sales activity wasn't matched by its ability to execute." - Jeffrey Kurtzman

Effects on Debt Collection

Contract terminations create significant hurdles for debt collection:

  • Warranty Coverage Loss: When solar companies go bankrupt, customers become unsecured creditors with limited options for system repairs or maintenance.
  • Payment Obligation Disputes: Customers often challenge payment requirements when systems fail or promised benefits don’t materialize.
  • Asset Value Decline: Non-functioning or poorly maintained systems lose resale value, complicating recovery efforts.

For example, Jack Bell, a military officer in California, faces ongoing payments of $189 per month for a leased system that stopped working in June 2024. On top of that, he has unexpected electrical bills.

Another case involves Paul Krolikowski, who was misled by promises of tax rebates. His monthly payments jumped from $77 to $111, causing financial strain.

"I think solar is one of the most unregulated industries we've seen." - Consumer Protection Attorney Bryant Dunivan Jr.

These financial and legal challenges require creative solutions for recovery and dispute resolution.

Addressing the challenges of terminated solar panel contracts requires a combination of legal action and effective debt recovery strategies. Below, we outline the key steps for navigating these complexities.

Enforcing contract terms can become complicated when disputes arise. Here’s how to tackle it:

  • Review contract terms: Examine warranties, obligations, and other provisions carefully.
  • Challenge permitting decisions: Initiate administrative proceedings if necessary.
  • Use alternative dispute resolution (ADR): Mediation or arbitration can often resolve issues without going to court.
  • Litigate if needed: File breach of contract claims when other methods fail.

Legal action should align with state regulations, such as California's Environmental Quality Act (CEQA) and Washington's State Environmental Policy Act (SEPA).

"Actively participate in the permit process to ensure the local government or state agency follows all necessary steps and has all relevant information necessary to support the grant of the permit." - Stoel Rives LLP

Once legal measures are underway, the focus should shift to recovering losses.

Debt Recovery Methods

Recovering debts starts with analyzing the contract for potential remedies. Here are three common approaches:

  • Direct Settlement Negotiations: Open discussions to resolve disputes quickly. Be sure to document system performance issues, maintenance logs, and payment records.
  • Equipment Recovery: Assess the feasibility of reclaiming equipment. Consider removal costs, resale value, and access rights before taking action.
  • Administrative Remedies: Explore options provided by regulatory bodies like the Federal Energy Regulatory Commission (FERC) or state utility commissions. These agencies may offer additional recovery channels for qualifying disputes.

For instance, a 2022 U.S. policy decision extended tariffs on solar panels for four years while reinstating exclusions for bifacial panels. This move has impacted contract enforcement and recovery efforts for panels imported between October 25, 2020, and February 7, 2022.

Engaging experienced legal counsel can improve recovery outcomes and ensure compliance with all relevant regulations.

sbb-itb-23a5340

How to Value Terminated Contract Portfolios

Main Value Drivers

When valuing terminated solar panel contract portfolios, several key factors influence recovery potential:

Equipment Status and Age

  • System size and technical specifications.

Financial Metrics

  • Original contract value.
  • Remaining balance due.
  • Historical payment behavior.
  • Customer creditworthiness.

Market Conditions

  • Trends in energy pricing.
  • Installation costs in the relevant market.

"Bad debt expense helps companies identify which customers default on payments, and if any do so with regularity. This information can help them make decisions on creating loyalty programs, how they manage collections, what types of payment incentives they might offer, and if they need to reassess their processes for determining creditworthiness." - Nicole Dwyer, SVP of ICA Portfolio Strategy, Quadient

These elements guide the choice of valuation methods for the portfolio.

Valuation Method Analysis

Different methods work better depending on the portfolio's characteristics. Here's a breakdown:

Valuation Method Best Used For Key Considerations Limitations
Income Approach (DCF) Portfolios with steady payment history Factors like expected power generation, O&M costs, and lease expenses. Needs accurate cash flow projections.
Cost Approach New or recently terminated contracts Focuses on equipment replacement and installation costs. Less reliable for older systems.
Market Approach Portfolios with comparable transactions Relies on recent data for similar systems and market trends. Limited by availability of comparable data.

Income Approach Implementation
This method projects earnings over 7–10 years, factoring in:

  • Expected power production rates.
  • System degradation over time.
  • Maintenance and operational costs.
  • Ground lease obligations.

Market-Based Considerations
To use the market approach effectively, evaluate:

  • Price per capacity unit for similar systems.
  • Comparable transactions in the region.
  • Local market trends.
  • Equipment specifications.

Additionally, applying the Accounts Receivable Aging Method can help estimate uncollectible amounts by categorizing outstanding receivables by age.

A combined approach, with a strong focus on the income method, often provides the most accurate long-term recovery estimates.

Using Debexpert for Portfolio Recovery

Debexpert

Debexpert simplifies portfolio recovery by combining analytics and compliance tools, making it easier to manage terminated solar panel contract portfolios efficiently.

Key Platform Features

Debexpert provides tools designed to streamline recovery efforts through data analysis and secure transaction handling.

Portfolio Analysis Dashboard
This feature helps analyze critical data such as:

  • Contract termination dates
  • Outstanding balance distributions
  • Payment history trends
  • Geographic concentration of contracts

Document and Transaction Management
Securely encrypts and organizes essential documents like:

  • Original contracts
  • Termination notices
  • Payment records
  • Legal correspondence

With these tools, sellers can:

  • Track buyer engagement
  • Monitor bidding activity
  • Review portfolio inquiries
  • Assess market interest

Portfolio Trading Guidelines

Following a structured process ensures better recovery rates while staying compliant with U.S. regulations:

Stage Action Items Key Considerations
Pre-Sale Analyze and value portfolio Market conditions, payment history
Auction Setup Set auction parameters Auction type, timing
Buyer Engagement Manage communications Document sharing, inquiries
Transaction Closure Process and verify transfer Compliance, documentation

Tips for Maximizing Portfolio Value
To get the best outcomes:

  • Use analytics tools for detailed portfolio analysis
  • Set competitive reserve prices
  • Engage buyers through secure communication channels
  • Keep all documentation organized and accessible

Ensuring Compliance
Debexpert’s compliance tools help sellers stay on track by:

  • Recording all communications
  • Keeping detailed audit trails
  • Documenting every transaction
  • Confirming buyer credentials

Summary and Action Steps

Recovering value from terminated solar contracts requires thorough legal evaluation, precise valuation, and efficient portfolio management.

Key Steps for Recovery

Review and Analyze Contracts
Carefully examine each contract to identify:

  • Performance guarantees and warranty details
  • Tax incentive provisions
  • Signed agreements and related documentation
  • Any violations or deceptive practices

Evaluate Potential Losses
Use a Loss Given Default (LGD) analysis to guide your recovery strategy.

"Expected loss is not, as such, a calculation of risk, but it is rather a forecast of usual losses".

Recovery Component Key Considerations
Legal Assessment Contract terms, possible violations
Portfolio Valuation Market trends, asset worth
Recovery Strategy Enforcement options, timeline

Incorporating these evaluations into your strategy can help optimize portfolio outcomes.

Streamlining Recovery with Debexpert

Debexpert's platform simplifies the recovery process with tools designed to enhance execution:

  • Portfolio Preparation
    • Organize and review terminated contracts
    • Leverage analytics to assess payment histories
  • Market Engagement
    • Set competitive reserve prices based on valuations
    • Share necessary documents for buyer reviews
    • Track buyer interest and engagement
  • Transaction Management
    • Keep detailed records of communications
    • Confirm buyer credentials
    • Oversee transfer processes

Acting promptly and maintaining strong documentation are crucial for successful portfolio recovery and trading.

FAQs

What can homeowners do if their solar panel contract is canceled due to the provider's bankruptcy?

If your solar panel contract is canceled because the provider declared bankruptcy, there are a few steps you can take to address the situation:

  • Negotiate directly with the provider or their representatives: You may be able to arrange a reduced payment or a manageable payment plan for the remaining balance.
  • Explore loan or lease transfer options: Check if the contract allows you to transfer the loan or lease to another party or assume a different payment arrangement.
  • Consider financing alternatives: If needed, you could take out an unsecured personal loan to cover the remaining costs of the solar panels.

Bankruptcy should only be considered as a last resort, as it can have significant long-term effects on your credit and overall financial health. Always consult with a financial advisor or attorney before making major decisions regarding debt or contracts.

What should homeowners do if their solar system stops working and the contract is terminated?

If your solar system is non-functional and the contract has been terminated, start by reviewing the terms of your agreement. Look for details on warranties, performance guarantees, and any clauses related to cancellations or penalties. If the contract contains unclear or misleading information, you may have grounds to dispute or cancel it.

Additionally, consider consulting with a legal professional experienced in solar contracts. They can help you understand your rights, explore recovery options, and determine if you're eligible for compensation or other remedies. Taking these steps can help protect your financial interests while addressing the issue effectively.

What can homeowners do if they're being asked to pay for solar systems that aren't working?

If you're a homeowner facing payment disputes for a non-operational solar system, there are several steps you can take. Start by carefully reviewing your contract to understand your rights and obligations. Reach out to the solar provider to discuss the issue and explore possible resolutions. If the problem persists, consult a qualified real estate attorney to evaluate your legal options.

In some cases, you may be able to dispute a lien, negotiate a settlement, or involve a title company or escrow agent to help resolve the matter. Taking prompt action and seeking professional advice can help protect your financial interests and property rights.

Related posts

Terminated Solar Panel Contracts: Working with Problematic Accounts
Written by
Ivan Korotaev
Debexpert CEO, Co-founder

More than a decade of Ivan's career has been dedicated to Finance, Banking and Digital Solutions. From these three areas, the idea of a fintech solution called Debepxert was born. He started his career in  Big Four consulting and continued in the industry, working as a CFO for publicly traded and digital companies. Ivan came into the debt industry in 2019, when company Debexpert started its first operations. Over the past few years the company, following his lead, has become a technological leader in the US, opened its offices in 10 countries and achieved a record level of sales - 700 debt portfolios per year.

  • Big Four consulting
  • Expert in Finance, Banking and Digital Solutions
  • CFO for publicly traded and digital companies

FAQ

No items found.

What debt are we selling

We specialize in car, real estate, consumer and credit cards loans. We can sell any kind of debt.

Other debt portfolios for sale

Interested in buying or selling debt portfolios?
Let's connect! Fill out this form 👇