For homeowners across New York, from Long Island to Buffalo, investing in solar power represents a major financial commitment. It’s a decision driven by the promise of escaping volatile utility rates, securing long-term savings, and increasing a home’s value. But when the reality of your solar installation falls drastically short of those promises—due to a faulty system, deceptive sales tactics, or substandard workmanship—the path to a resolution can seem incredibly unclear.
You may feel stuck, wondering what your rights are and how to fight back. The thought of finding an attorney to sue a solar company in New York can be intimidating. The good news is that New York has a powerful, state-specific shield for homeowners: Article 36-A of the General Business Law, better known as the Home Improvement Contracts Act. This law is not just a guideline; it’s a weapon, and understanding its strict requirements is often the key to building a successful case.
The Home Improvement Contracts Act: A Non-Negotiable Checklist
In New York, any home improvement project contract valued at over $500—which includes virtually all residential solar installations—is not just a simple agreement. It must adhere to a strict set of rules designed to protect you, the homeowner. A company’s failure to meet these requirements can be used by a skilled attorney to challenge the validity of the entire contract.
Here are the key requirements a top New York solar dispute lawyer will audit first:
- It Must Be in Writing and Signed: This seems basic, but any verbal promises or side agreements are not enough. The entire, final contract must be in writing and signed by both you and a representative of the solar company before any work begins or any significant payment is made.
- The 3-Day Right to Cancel: The contract must contain a clear, conspicuous notice of your unconditional right to cancel the agreement for any reason within three business days of signing. This isn’t just a courtesy; it’s a mandatory disclosure. If this notice is missing, hidden in the fine print, or formatted incorrectly, your right to cancel may be extended, giving you powerful leverage.
- Specific Contractor Information: The contract must clearly state the full legal name, physical address, telephone number, and—most importantly—the applicable license number of the contractor. A missing license number is an immediate red flag and a clear violation of state law.
- A Detailed Description of Work and Materials: The agreement cannot be vague. It must include a detailed description of the work to be performed and the specific materials to be provided. This should include the make and model numbers for your key components, like the solar panels and inverters. Often installers will be vague and say things like “Black on black tier-1 panel”, which isn’t specific enough. Tier-1 is a quality standard, not a production standard, so panels can range vastly.
The Power of Progress Payments: A Unique New York Protection
One of the most powerful but least-known protections in New York’s Home Improvement Act relates to how you pay your installer. The law explicitly states that any “progress payments” made by you must bear a “reasonable relationship” to the amount of work actually performed, materials delivered, or specific costs incurred by the contractor.
What does this mean in plain English? A solar company cannot legally demand a massive upfront payment of 50%, 75%, or even 90% of the total contract price before any significant work has been done. This practice, known as “front-loading,” is illegal in New York. If your payment schedule required you to pay most of the contract price before the system was even fully installed, permitted, and operational, the company may have violated the law. This provides a strong basis for a dispute, especially if the project was later abandoned, delayed indefinitely, or completed with shoddy workmanship.
Beyond the Contract: Holding Companies Accountable for Deception
Beyond the strict rules of the Home Improvement Act, New York residents are also protected by broad consumer protection laws that prohibit deceptive acts and practices. This is where the verbal promises and the sales pitch itself become critically important. An attorney can build a case around:
- Misleading Savings Guarantees: Did the salesperson show you a chart with impressive, guaranteed savings that your actual utility bills have never come close to matching?
- False Claims About Tax Credits: Did they present the New York State and federal tax credits as a cash rebate or guarantee you would qualify for the full amount without assessing your personal tax liability?
- High-Pressure Tactics: Were you rushed into signing a contract on the spot with the threat of a “special price” that was only good for that day?
These tactics can be considered deceptive practices under New York law, providing another avenue for holding the company accountable.
Your Next Step: Building a Case Based on New York Law
As you can see, resolving a solar dispute in New York is about much more than just a malfunctioning system. It’s about a deep, forensic analysis of the contract and the sales process, measured against a specific and powerful set of state laws.
At SolarDispute.com, our first role is to be your expert analyst. We perform this in-depth review of your contract and your situation, specifically looking for these common violations of New York law. We don’t just look at whether your panels are working; we look at whether your contractor followed the law. We compile our findings into a comprehensive case file that provides you with a clear understanding of your position.
From there, we can connect you with a qualified attorney to sue a solar company in New York who knows these laws inside and out and is ready to use this detailed information to fight for the resolution you deserve.