How a Consumer Hired a Lawyer to Review a Solar Panel Lease Agreement in Florida

Hello. Before entering into a lease agreement for solar panels, it’s essential to weigh both business and legal considerations to avoid long-term risks and ensure the agreement aligns with your financial goals and property plans. LEGAL CONSIDERATIONS 1. Ownership Who owns the panels? Under a lease, the installer (lessor) typically retains ownership. This typically means you can’t claim tax credits or depreciation (the lessor can). 2. Property Access Rights Does the agreement allow the company to access your roof or property for installation, maintenance, and inspection? Are there limits on timing, frequency, and notice? 3. Term and Termination How long is the lease? (Often 15–25 years) Can you terminate early, and if so, under what conditions? Are there early termination penalties? 4. Transferability What happens if you sell your home? Can the lease be transferred to the buyer? Must the lease be bought out first? Will the lease create issues with real estate financing or title? 5. Liability and Insurance Who is responsible if the panels damage your roof or cause injury or fire? Does the installer carry liability insurance? Does your homeowner’s insurance need to change? 6. Performance and Maintenance Is there a guaranteed energy output? Who handles monitoring, repairs, and replacements? What happens if the panels malfunction or don’t meet performance metrics? 7. Default and Remedies What happens if you or the lessor breach the agreement? Are there cure periods, mediation requirements, or repossessions? BUSINESS & FINANCIAL CONSIDERATIONS 1. Monthly Cost vs. Savings Is your monthly lease payment fixed or escalating (e.g., 2.9% annual increase)? Do the savings on your electricity bill outweigh the lease cost? 2. Tax Incentives With a lease, you typically do not receive federal or state tax credits—those go to the installer. You may lose out on significant financial incentives available to system owners. 3. Buyout Option Does the agreement offer an option to buy the panels during or at the end of the lease? At what cost? Is the price fair or based on a predetermined formula? 4. Impact on Home Value Some buyers see leased solar as a benefit, others see it as a burden. Some lenders may be reluctant to finance homes with solar leases. Ensure the lease allows easy assumption by a future buyer. 5. Escalation Clauses Many leases include annual price escalators—review the rate carefully. Over time, these increases may offset utility savings. PRACTICAL STEPS BEFORE SIGNING You should consider having an attorney review the lease—especially if you’re concerned about property value, liability, or long-term flexibility. Compare leasing with other options, like: - Power Purchase Agreements (PPAs) - Solar loans - Outright purchase Ask the company for: - Sample utility bill comparisons - Performance guarantee language - Clarification of who pays for repairs and monitoring Disclaimer: This response is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. You should consult a qualified attorney licensed in your jurisdiction for advice specific to your situation.

First, there's no specific "self-employment" registry. If you plan to operate a business in the state of North Carolina, you need to register with the Secretary of State. You would need to choose a specific entity form type (LLC, Inc, etc) and you would also need to choose how your entity would be taxed (some form types don't get a "choice" per se). But as a self-employed person, many opt to create a LLC as a "disregarded entity" with the IRS. This means that you have a business entity, with an IRS-provided TaxID number, and the protections of a limited liability company. But from a TAX perspective, the IRS would "disregard" the business and simply tax you on the earnings of the business. This can be of significance, so you'll want to talk with an attorney and/or a tax professional (CPA) about your planned activities and both your entity form type and your tax type so that you can optimize your choices. If you were to be an LLC as a disregarded entity (a sole proprietor), then you would owe both the taxes on your FTE wages as well as self-employed taxes (at a tax rate determined by your total earnings) on the money from your side job. So using round numbers, pretend tax rates and ignoring the concept of withholding, let's assume that your current federal effective tax rate is 20% and that you make $100K/year. You'd owe $20K in federal tax for your income. But if your side hustle also made $100K/year, your effective tax rate could creep higher (as an incremental tax, not every dollar is taxed at the same rate) to say, 22%, so you could end up owing $44K in tax. Which might be fine with you... until you forget to pay estimated taxes throughout the year and the IRS then penalizes you for not paying them a percentage of your earnings throughout the year (whereas the withholding payments from your FTE job are typically seen as those payments). All in all, there are a TON of considerations for doing this and it's not something you should just look online for free advice to fully answer.