Solar Sales Misrepresentation Demand Letter

[Your Name]
[Your Address]
[City, State ZIP]
[Email Address]
[Phone Number]

[Date]

[Solar Company Name]
[Legal Department / Customer Relations]
[Address]
[City, State ZIP]

RE: Demand for Contract Rescission and Damages for Fraudulent Misrepresentation – Account #[Account Number], Installation Address: [Address]

Dear [Company Name] Representative:

I am writing to demand immediate rescission of the Solar Installation Agreement dated [contract date] and full refund of all payments made, based on systematic fraudulent misrepresentations made by your sales representative, [salesperson name if known], during the sales process. Your company induced me to enter into this contract through demonstrably false statements about savings, costs, system performance, and financial benefits.

SUMMARY OF FRAUDULENT MISREPRESENTATIONS

On or about [sales date], your sales representative made the following specific false representations that induced me to sign the contract:

1. Electricity Bill Savings: Represented that the solar system would reduce my electricity bills by $[promised amount] per month, resulting in $[annual amount] in annual savings. Actual savings: $[actual amount] per month, a [X]% overstatement.
2. System Production: Guaranteed the system would produce [promised kWh] kWh annually. Actual production: [actual kWh] kWh, representing only [X]% of promised output.
3. Payback Period: Claimed the system would "pay for itself" in [promised years] years. Based on actual performance, the true payback period is [actual years] years, if ever.
4. Tax Credits/Incentives: Misrepresented that I would receive $[promised amount] in tax credits and incentives. Actual amount received: $[actual amount]. [If applicable: Represented the 30% federal tax credit as an immediate discount, not explaining it only applies to tax liability.]
5. Total System Cost: Represented total cost as $[promised amount] but the actual financed cost including interest and fees is $[actual amount], a difference of $[difference].
6. Net Cost After Incentives: Claimed my "net cost" would be $[amount] after tax credits. This was false because [explain – e.g., I don't have sufficient tax liability to claim the full credit, incentive programs he mentioned don't exist, etc.].

DETAILED EVIDENCE OF MISREPRESENTATIONS

1. Electricity Bill Savings Misrepresentation

Your sales proposal dated [date] shows an estimated savings of $[amount] per month or $[amount] per year. This estimate was based on:

• False utility rate of $[salesperson's rate] per kWh (actual rate: $[actual rate])
• Inflated usage assumption of [X] kWh/month (actual usage: [Y] kWh/month)
• Projected utility rate increases of [X]% annually (historical average: [Y]%)
• [If applicable: Failure to account for fixed connection fees of $[amount]/month that I still pay]

My actual electricity bills show the following comparison:

The sales representative knowingly overstated savings by [X]% to make the purchase appear financially attractive.

2. System Production Misrepresentation

The sales proposal guaranteed production of [promised kWh] kWh in year one. Actual production data from the system monitoring shows:

• Year 1 production: [actual kWh] kWh ([X]% of promised)
• Shortfall: [X] kWh

This underperformance is not due to equipment defects or weather variation, but because the salesperson:

• Ignored significant shading from [trees/neighboring structure] visible during the site visit
• Used overly optimistic production assumptions inconsistent with [roof orientation/tilt/geographic location]
• Failed to account for [panel degradation, inverter losses, etc.]

An independent solar assessment conducted by [company name] on [date] concluded that the system as installed could never have produced more than [X] kWh annually given site conditions, proving the salesperson's estimates were impossible from the outset.

3. Payback Period Misrepresentation

The salesperson stated the system would "pay for itself in [X] years," meaning the cumulative savings would equal the purchase price within that timeframe. This claim was false:

• System cost: $[financed amount including interest]
• Annual actual savings: $[amount]
• True payback period: $[cost] ÷ $[annual savings] = [X] years

The [X]-year payback claim was based on inflated savings and excluded financing costs, making it a material misrepresentation.

4. Tax Credit Misrepresentation

The salesperson represented that I would receive a $[amount] federal tax credit (30% of $[system cost]) and $[amount] in state/local incentives.

Reality:

• Federal tax credit: I received only $[actual amount] because my tax liability was insufficient to claim the full credit [or: because the credit is non-refundable and I didn't owe enough in taxes]
• State/local incentives: The salesperson referenced programs that [don't exist / I don't qualify for / expired before installation]
• The salesperson misrepresented the tax credit as a "rebate" or "discount," implying I would receive cash or immediate price reduction, when in fact it only reduces future tax liability

Total misrepresentation: $[promised amount - actual amount] = $[difference]

5. True Cost Concealment

The salesperson focused on the "system cost" of $[equipment price] but concealed the true financed cost:

• Loan amount: $[amount]
• Interest rate: [X]% over [Y] years (misrepresented as [lower rate]%)
• Total interest paid: $[amount]
• Fees (origination, dealer fees, etc.): $[amount]
• True total cost: $[total] (vs. represented cost of $[amount])

The payment schedule provided at signing showed monthly payments of $[amount], but the salesperson verbally represented payments would be "offset by savings" implying a net cost of $0. This was false as actual savings are $[amount] per month, leaving a net out-of-pocket cost of $[amount] per month.

RELIANCE AND DAMAGES

I relied on these specific representations when deciding to purchase the solar system. I am a [profession/description indicating lack of solar expertise] with no specialized knowledge of solar energy systems. I had no reason to doubt the salesperson's representations, which were presented with specificity and confidence.

Had I known the truth—that savings would be [X]% lower than promised, that the payback period would be [X] years instead of [Y] years, and that the true cost would be $[amount] higher—I would never have entered into this contract.

As a result of your company's misrepresentations, I have suffered the following damages:

• Overpayment: I am paying $[amount] more than the system is actually worth based on its real performance and savings
• Lost opportunity costs: Funds committed to this system could have been invested elsewhere for actual returns
• Reduced property value: The solar lease/lien makes my property harder to sell [if applicable]
• Stress and inconvenience dealing with a non-performing system
• Total quantifiable damages: $[amount]

LEGAL VIOLATIONS

Your company's conduct violates multiple laws:

• Fraudulent Misrepresentation (Common Law): Your salesperson made knowing false statements of material fact with intent to induce my reliance, causing damages
• [State] Consumer Protection Act [citation]: The misrepresentations constitute unfair and deceptive trade practices, subjecting your company to statutory damages of $[amount per state law], treble damages, and attorney's fees
• FTC Cooling-Off Rule (16 CFR 429): [If applicable:] Your salesperson conducted the sale at my home on [date] but failed to provide the required Notice of Cancellation and cancellation forms, violating federal law
• Truth in Lending Act (TILA): [If applicable:] The loan documents failed to accurately disclose the APR, finance charges, and total payment amount, violating 15 U.S.C. § 1601 and allowing rescission

DEMAND FOR RESCISSION AND DAMAGES

Based on the foregoing fraudulent misrepresentations, I demand the following within thirty (30) days of your receipt of this letter:

Primary Remedy – Full Rescission:

1. Immediate rescission of the Solar Installation Agreement dated [date]
2. Full refund of all payments made to date: $[total payments]
3. Removal of the solar system and restoration of my roof to pre-installation condition at your expense
4. Release of all UCC liens and fixture filings within 10 days
5. Cancellation of the loan with [lender name] with written confirmation that I owe nothing
6. Reimbursement of my costs: independent assessment ($[amount]), attorney consultation ($[amount]), total $[amount]

Alternative Remedy – Price Adjustment and Damages:

If I elect to keep the system (decision to be made after your response), I demand:

1. Reduction of the contract price to the actual value of the system based on real performance: $[reduced amount] (a reduction of $[amount])
2. Refund of overpayments to date: $[amount]
3. Adjustment of remaining loan balance to $[reduced amount]
4. Compensation for lost savings: $[amount]
5. Statutory damages under [state] consumer protection law: $[amount]

NOTICE OF INTENT TO PURSUE LEGAL ACTION

If you fail to provide a satisfactory resolution within 30 days, I will immediately pursue the following legal remedies:

• Civil Lawsuit: Filing a complaint for fraud, negligent misrepresentation, breach of contract, and violations of [state] consumer protection statutes, seeking: (1) rescission and restitution, (2) compensatory damages of $[amount]+, (3) statutory damages under consumer protection laws, (4) attorney's fees and costs, (5) punitive damages for willful fraud
• Regulatory Complaints: Filing complaints with: [State] Attorney General Consumer Protection Division, Federal Trade Commission, Consumer Financial Protection Bureau, [State] Contractors State License Board, Better Business Bureau
• Public Disclosure: Posting detailed reviews on all consumer platforms documenting your fraudulent sales practices, including copies of your false sales proposals vs. actual performance data
• Class Action Investigation: Your company's systematic misrepresentation of savings and costs likely affected hundreds of customers. I will contact class action attorneys to investigate a class action lawsuit on behalf of all defrauded customers

Under [state] consumer protection laws, I am entitled to attorney's fees if I prevail, making litigation economically viable. Additionally, courts may award punitive damages for fraudulent conduct, significantly increasing your potential liability.

DEMAND FOR PRESERVATION OF EVIDENCE

You are hereby on notice to preserve all documents related to my sale, including:

• Sales call recordings and CRM notes
• Training materials and sales scripts provided to representatives
• Internal communications regarding sales tactics and estimate methodologies
• Complaints from other customers about similar misrepresentations
• Documents regarding salesperson compensation and incentives

Destruction of these materials may constitute spoliation of evidence and result in sanctions.

OPPORTUNITY FOR AMICABLE RESOLUTION

I am providing you this opportunity to resolve this matter without litigation. Your sales representative's misrepresentations—whether intentional fraud or reckless disregard for truth—induced me to enter a contract I never would have accepted had I known the truth.

I am willing to discuss a reasonable resolution, but I will not accept token gestures. The remedies demanded above reflect the actual harm caused by your company's deceptive practices.

Please respond within 10 business days to acknowledge receipt and provide a substantive settlement proposal. Final resolution must be completed within 30 days or I will proceed with litigation.

Direct all communications to my email address [email] and via certified mail to the address above.

Sincerely,

[Your Signature]
[Your Typed Name]

Enclosures:

• Copy of Solar Installation Agreement
• Sales proposal with highlighted misrepresentations
• Comparison spreadsheet: Promised vs. Actual (savings, production, costs)
• 12 months of electricity bills (pre and post solar)
• System production data reports
• Independent solar assessment report (if obtained)
• Loan/financing documents showing true cost
• Tax return showing actual credit received (redacted)