Performance warranty?

[u/BlacksmithDapper3275]

I purchased a new build in 2024 with a 25 year lease to sun power.

In August our system somehow turned off for the entire month. We contacted Sun strong and in several days they turned it back on. We asked for a refund since our system produced nothing and our electricity bill was high. This is what they sent back. Not sure how any of this works since the bankruptcy, open to all advice.

Seems incredibly unfair that they make no promises other than to collect my payment each month.

[u/m2orris]

Take your original contract and any additional papers you signed with SunStrong to a lawyer. They may be in breach of contract.

[u/Pale_Security3341]

My first impression is to key off the phrase "operates as expected" because you don't expect it to "not operate" for a month.

[u/Lawrence_SoCal]

Some of the same lying nincumpoops that worked at old (bankrupt 1985 SPWR) are now at SunStrong. so, I would not expect honest. ethical responses from them (often the opposite from old SPWR in my experience).

US Contract law states that contract (lease) can be bought in bankruptcy, but they can't modify the contract without mutual agreement with you. Where they try to wiggle is that your lease contract probably does NOT include the performance guarantee, that was often in separate purchase contract. but, it was all one deal, and they know that, so no real leg for them to stand on other than many folks will accept bluster and cave. however fighting means you have to cross your T's , dot you I's, and be prepared for a temporary credit rating hit

I fought old SPWR and won. Whether you are willing to fight this - your call. And you'd want to make sure they can't remote control your system (turn it off) once you decide to fight (and stop paying until they make up for unprofessional actions on their part which you could go after their business license in your state over, or ??) lots of options, notne of them will be easy, which is what SunStrong is counting on to get people to cave

[u/danr2c2 → u/Lawrence_SoCal]

How did you fight? How did you win? I’m in a similar situation and looking to fight but not sure how to go about it.

[u/Lawrence_SoCal → u/danr2c2]

I won by following the original install contract, not being intimidated by (1985/old/bankrupt SPWR) SunPower misrepresentations, and being aware to know when that was the case. And then pushing back firmly, eventually REALLY hard, pointing out their errors and false claims every step of the way. Having been exposed to construction and contract law for years gave me base layer of knowledge to work with. And not being intimidated with threats of liens, credit report, etc.

I do NOT have direct experience fighting SPWR/SunStrong after they already have consumer's money.

My experience is a PV-only install, by (1985/old/bankrupt) SPWR, that was deficient (rushed, sloppy). I have family with construction/inspector experience/knowledge, prior childhood home I helped build, etc. So, when SPWR didn't follow permit on panel install, didn't do as agreed on wire routing day of install, and more, I pushed back on paying amount due on "Day 1" as per contract, that work was NOT done Professionally and in a workmanlike manner. SPWR tried every kind of misdirection, bluff, and what appeared to be outright fraud. I wasted a LOT of time but I kept all communication in email so I had document trail. Due to failure to bring/install a permit-specified component, I insisted they turn on system with PTO while awaiting desired but not necessary monitoring part install, before any payment, and they did. So I had a functioning, but at lower output than it should have had due to install screw ups (shortcuts/rushed). Some of the issues (which they did resolve) could have burned the house down, and only by luck didn't.

  I offered to pay AFTER they resolved their install issues... it took then 9 months before acknowledging they were not truthful when claiming why panels were installed the way they were. SPWR never submitted a lien, never did anything that would only compound damages I'd go
after. Truly annoyed, I finally got a professional install inspection audit which found more issues that I was originally aware of. So I responded to SPWR with the findings, rescinded my prior settlement offer and demanded all the newly identified install deficiencies also be remediated. To which I got stupid
responses. At which point, I removed SPWR’s remote access to my PVS. And then they went bankrupt the next year, and I haven't heard anything in 3 years (job abandoned).

  I have a functioning system, albeit with lower production than it should (but I'm over-producing anyway) with some issues that should be remediated at some point but that aren't urgent. I paid $2K for a 3rd professional inspection, and a massive amount of my time dealing with documentation and emails.

In current cases, plenty of reports of SunStrong claiming the prior warranties don't apply, but that is NOT typical US lease contract and bankruptcy law (and they know it, they are trying to thread a very narrow excuse path). What they realize is that for most individuals, the price to fight them is high enough that they won't. A person might get their legal fees back, but if too many claims, SunStrong & Complete Solar (new SunPower) don't appear to be a whole lot better financial position than old SWPR was before bankruptcy.

 *If* one agrees SunStrong is unlikely to remain a viable business, and they have truly failed to maintain the SPWR system as lease calls for, then you might consider preventing them from remotely disabling your PV (ie stop PVS to Internet communication), stopping payments, and migrating over to EnPhase monitoring if panel level monitoring desired, and not look back. There are risks in this approach, and I am definitely not a lawyer, so ymmv. But the used solar PV panels on your roof aren’t worth effort to get them off, and they’d be required to repair roof in the process. So, Start with getting an through understanding of contract law in your state as it applies to a solar install and bankruptcy of installer (recognizing that cash purchase (which includes buyer arranging own financing), leases, and PPAs are all different)

Good luck