Solar Company took dad for a ride 12 years ago
Hi :)
Hoping for some advice on this one. Solar company rang my dads small motel around June 2014. Was a 20KW Solar install for his business, under the agreement he signed a 60 Month term, equating to $834.00 a month, 84 total payments. ($70,056 over a 5 year period) Obviously a very expensive at the time, however got some nice power saving from the generated solar but owning the system after the 60 month period seemed obvious. This was not the case. The sales rep never once mentioned there were extra terms when signing the business up. The extra terms are, an extra 60 months after the first term is served, then a further 36 months respectively. These terms were never verbally mentioned by anyone during the signup, if they were, it would just be pure insanity to agree to it. The signup and signing process was all done remotely as his business is very rural and the company is 3 hours away.
Signed a Purchase Option agreement with 'C*** C** Energy Finance.' This document clearly states that upon expiry of the initial term of the rental agreement, CCEF will grant the renter an option to purchase the goods for $2190.50 plus GST.
This document says that we were supposed to give written notice of my intent to purchase within 6 months of the initial term, but this was never mentioned by any representatives and we never received any notifications that we were supposed to do this.
Basically the whole thing was advertised to him as a rent to buy.
We tried to take legal action back in 2021, but they came back with their lawyers and shut down my dads effort pretty quickly, as they're a big energy company and dad was just a small business, the contracts are pretty tight, but overall just very misleading.
An interesting point of this though was that the system, if fails over the 20 year period, will be fully replaced. Not sure if they would even get that done though. Any help or guidance ? Happy to send through all the documents received from our lawyers and theirs.
Thanks :)