Author Topic: Solar mandate  (Read 2421 times)

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Offline woodburyowner

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Re: Solar mandate
« Reply #45 on: August 23, 2019, 10:30:41 PM »
Perhaps I don't understand the 2016 updates but I thought it only requires homes to be solar ready.
https://ww2.energy.ca.gov/2015publications/CEC-400-2015-032/chapters/chapter_7-Solar_Ready.pdf

Here's the final update.  My mandatory solar had nothing to do with CCR title 24, which was what I was told by Sunpower.  The builder sales office finally clarified that it was a top management decision to make it mandatory for my building phase.  It had nothing to do with any law or solar mandate.  Seems like the builder can do whatever they want as long as people are buying.  When sales were slow they removed the solar mandate and when it picked up again it was put back in.  I guess the only saving grace is that everyone else in our building phase will have to lease or buy a solar system like I did and everyone after Jan 1, 2020 will have to do the same.

This is interesting.

What if you say you are going to cancel your sales contract if you are "forced" to add solar?

I'm not sure a builder can make you pay extra for something that is not mandated by code/law especially if it wasn't in the original purchase price you agreed to.

Did you use a realtor to purchase your home?

If you feel strongly against it, you may want to look into a real estate lawyer.

Good luck.

No need to waste anymore time or effort on this topic.  Builders have a clause in the sales contract stating that unless something is in writing, any claims or statements made by the sales agent has no legal recourse.  Builders can add mandatory options/upgrades in certain phases and this is done quite regularly.  From your first post, you mentioned you already knew about the solar requirement when you purchase.  I assume you signed some sort of acknowledgement?  The reason why you have to get it added doesn't matter.

OP's original post stated that he had not signed intent to buy solar from sunpower.   For KB sales office to misrepresent that it is a building code requirement is fraudulent; especially since they subsequently acknowledged otherwise.  Sales contracts may have language to protect builder from verbal promises made by the sales office, but when fraud is involved then all bets are off.

I'm guessing that there was probably something he signed stating that he had to get solar in the purchase docs with the builder.  Now he has to sign something directly with Sunpower since they are doing the actual install. 

Sales agents are idiots and make things up all the time.  That's why the buyer needs to sign something that states verbal statements from the sales agents have no legal recourse.  I don't see how this scenario falls into something fraudulent.  Solar is required for the phase he purchased.  What difference does it make the reason why it's mandatory.  OP knew he had to get solar as a condition of purchasing his phase.  Now if they stated he didn't need to get solar originally, but then during the construction process got an amendment stating that he would need to get solar, then that would be a different story.

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Offline irvine buyer

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Re: Solar mandate
« Reply #46 on: August 24, 2019, 08:17:12 AM »
Elements that make a representation fraudulent:
1. The statement made is false.  The statement can be fraudulent even if the person making it does not know the statement is false.
2.  The statement is meant to induce the OP into entering into the sales contract.
3.  OP relies on the statement as a basis for entering into sales contract

Rescission of the contract is the most common remedy as the fraudulent misrepresentation renders the contract voidable.  Language in the sales contract protecting the builder will not hold up in the case of fraud.  Had OP closed escrow and then learnt of the misrepresentation, OP could sue for the $21K he spent on solar as damages suffered.

Since we don't know exactly what was said to OP by sales office regarding the need to purchase/lease solar panels, OP should discuss the details with an attorney if he chooses to pursue any remedies available to him. 

If OP was initially told by sales office that builder is requiring solar panels be purchased as a mandatory option, then OP has no remedies.  If OP was told that the only reason solar is required to be purchased is due to state mandated building code requirements then OP may have remedies.  The latter statement is fraudulent.  If the sales office told OP that builder is requiring solar be purchased because of new code requirements taking effect January 1, 2020; and that due to the possibility the home's completion date could be pushed beyond 2019, builder is requiring solar be purchased; then OP has no remedies.

If OP signed a solar addendum to the sales contract and the addendum CLEARLY states that buyer is purchasing solar panels on his own free will, then OP may have no remedies.
« Last Edit: August 24, 2019, 08:44:06 AM by irvine buyer »

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Offline jelloe

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Re: Solar mandate
« Reply #47 on: August 26, 2019, 11:29:54 PM »
Hi guys.  Woodburyowner hit it on the dot.  When we signed papers with KB sales office back in June, I don't remember if KB said it was mandatory for our phase or mandatory because of the solar mandate law.  I was the one who assumed it was for the solar mandate law not realizing that the law didn't take effect until Jan 1, 2020.  It wasn't until I had my solar consultation in August with sunpower that I realized the solar mandate was not until next year.  This was the reason I started this thread.  It was also sunpower who gave me the misinformation about CCR title 24 and not KB.  After I contacted KB sales office to clear things up they were the ones that said it had nothing to do with the CCR title 24.  They told me it was a management decision to mandate the solar.  The addendum I signed back in June clearly states that I had to either lease or buy solar and if I did not do either of those 2 options then I could not purchase the home. 

To answer irvinehomeowner's question - we used a broker to buy our home.
Does it suck that I had to buy their solar system - yes.
Was it misleading that it was not included in the price of the home since it was mandatory - maybe, but that was because they wanted to give us the option to lease or buy. 
Would I cancel escrow because of this - I don't think so.  The same home now costs $50K more than what I originally purchased for.  Not sure what upgrades comes with this, but it probably includes solar since it will be 2020 for the next phase releases.
Did I contact an attorney - yes, but since it was clearly written in their addendum, I don't have much recourse.  Now if I find out one home out of the 12 being built in the last 2 phases did not have to get solar, I will contact an attorney again.

Offline irvinehomeowner

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Re: Solar mandate
« Reply #48 on: August 27, 2019, 06:37:23 AM »
Thanks for the update.

Did you ask KB if using your own solar company was an option?
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Offline jelloe

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Re: Solar mandate
« Reply #49 on: August 27, 2019, 09:43:35 AM »
Unfortunately, it was not an option.

Offline eyephone

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Re: Solar mandate
« Reply #50 on: August 27, 2019, 10:02:47 AM »
Unfortunately, it was not an option.

I’m sorry what happened to you. But thank you for sharing your story. By you telling your story, it helps future home buyers. (I’m guessing that the new buyer will have to negotiate the solar pricing because of the new law and might have to walk away before putting the deposit because of the potential unfavorable solar pricing.)
« Last Edit: August 27, 2019, 10:28:57 AM by eyephone »

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Offline OCRebateQueen

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Re: Solar mandate
« Reply #51 on: September 07, 2019, 09:06:04 PM »
We signed papers for a home in PS in June of this year and were told we had to select either leasing or buying our solar options.  We decided to buy instead of lease because we thought the solar mandate was for 2019.  When we had our solar consultation yesterday, I realized that the solar mandate for CA doesn't go into effect until Jan 1, 2020.  I feel misled by KB. Our home is due to be done by Nov 2019.  When I called the sales office they told us that all phase 9 and 10 were told to select solar options because the date was too close to 2020.  I don't understand why I should be forced to buy solar from the builder if it's not 2020 yet and talking to the foreman he says there is no way they will be late in finishing the home because they're on a strict schedule.  I'm refusing to sign the "intent to buy" solar from sunpower at this time and am asking for some paperwork from KB that says I have to buy the solar panels even though it's not 2020 yet.  Not sure why this wasn't included in the price of the home if it was mandatory. Any advice on how to move forward with this or am I stuck in buying this option?


Did you have a Realtor go in with you and review all of your paperwork prior to signing anything?

Offline Cornflakes

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Re: Solar mandate
« Reply #52 on: September 08, 2019, 12:23:12 AM »
I'm on the same boat.... My solar consultation is scheduled for tomorrow, 17k for a 4KW system. Not only the price is high, they won't even let me upgrade to a bigger one >:(

As a consumer, shouldn't you have a choice to refuse? I can get that builder would be bound by solar mandate to offer you, but as a consumer you can choose. Kinda like grocery bags, stores must charge, you can choose.

Offline Cornflakes

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Re: Solar mandate
« Reply #53 on: September 08, 2019, 12:30:55 AM »
Sorry OP you got a raw deal with the builder. Typically if they push an option that you do not want, you can just refuse to pay for before signing the contract. Negotiate the purchase price down.

I recently bought a new home that had all options chosen, including flooring. The builder themselves offered to remove all the $ associated with upgrade options from the price.

Offline nosuchreality

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Re: Solar mandate
« Reply #54 on: September 08, 2019, 12:51:39 PM »
I'm on the same boat.... My solar consultation is scheduled for tomorrow, 17k for a 4KW system. Not only the price is high, they won't even let me upgrade to a bigger one >:(

As a consumer, shouldn't you have a choice to refuse? I can get that builder would be bound by solar mandate to offer you, but as a consumer you can choose. Kinda like grocery bags, stores must charge, you can choose.

No.

That's the fundamental point of building regulations.  The building code to meet earthquake standards, fire safety standards , bedrooms with windows and exits that meet standards so people get out in case of fire.

Can you seriously imagine the shenanigans if the builders could offer 'opt out' features on regulations?

With that said, the builder is a being a shi*t and hiding profit taking behind regulation claim.  If there are no options and it's required then it is the base build and it should be included in the base price of $800K (or whatever it is).

Or in doing the build has it become would you like walls with that?




 

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