So, you decided to make a large investment in solar panels, and the solar panel company doesn’t deliver what was promised. What can you do?
You can file a Complaint with the Arizona Registrar of Contractors (AROC).
You can file a complaint with AROC on their website, and an AROC representative will schedule a job site inspection to determine if the respondent (the company/contractor against whom the complaint is filed) violated certain Arizona laws. The following are examples of possible charges the AROC may determine against the solar company:
- A.R.S. § 32-1154(A)(2)(a)Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.
- A.R.S. § 32-1154(A)(3) – R4-9-108(a)Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
- A.R.S. § 32-1154(A)(3)- R4-9-108(b)Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.
Additionally, a rooftop solar contractor must meet the obligations of Arizona Revised Statutes §§44-1761 to 44-1764, which dictate mandatory disclosures about warranties, tax, and energy incentives often promised verbally during the promotion and sale of solar panels.
Notably, suppose your purchase is financed at the time of sale. In that case, the finance company may also be responsible for any legal claims you have against the solar contractor under the Federal Trade Commission (FTC) Holder Rule. The FTC Holder Rule is a regulation enacted to help consumers to pursue claims where a seller committed a deceptive act and when the product or service was financed or arranged by the seller. You can follow this link to the FTC website to learn more about the FTC Holder Rule: https://www.ftc.gov/legal-library/browse/rules/holder-due-course-rule.
For more information about filing complaints and the process of seeking recovery via the Arizona Registrar of Contractors, you can go to their website: https://roc.az.gov/file-complaint.
We hope this information is helpful to you. For specific help with your situation, please get in touch with the AROC or a legal professional who focuses on this area of law.
The information provided does not, and is not intended to, constitute legal advice; instead, all information is for general informational purposes only. This information may not constitute the most up-to-date information. The links provided are only for the convenience of the reader. A. Ferraris Law, PLLC, and its members do not endorse the contents of third-party references.
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