Real Estate Attorney Riverside County

[Greg Reese]

I purchased a SFR 6/2020. The previous owner was installing solar when I first looked at the property. Not knowing anything about solar, my agent (who represented the seller and myself) told me the house came with solar and advertised it on MLS. The solar loan that the previous owner did not go through escrow. I ended up having to transfer the loan to my name and got stuck with the $40,000 bill. Is there any real estate attorney who can advise me if this was legal or not?

[Joe Homs]

@Greg Reese you have provided us with a perfect example of why you should have your own experienced agent representing you in a real estate transaction.  However, you might want to check the following if you have not already.

1.  You obviously knew about the solar.  The question is what the agent informed you of?  In real estate, everything, should be in writing.  If he said it came with solar, that could mean that solar was there.  The question that should have been asked, "Is the solar paid for or a lease?"

2.  When the agent took the listing there is a checkbox on the listing form that addresses a solar lease.  Was this checked as leased or owned?  You would not have seen this paper since it was signed by seller and not shared with buyers.  I would ask for it, to see if they will provide it.  I would also check with the previous owner and ask him what he told his agent.

3.  Have you addressed your concerns with the listing agent and his broker?  This is where I would start.

4.  I know that you are looking for an attorney, but they are not cheap and usually ask for a $5-10K retainer up front.  There are no guarantees that you will win.

5.  If it were me I would negotiate with the listing agent and his broker to see if you can resolve your issue with them.

Good Investing...