Solar Freedom Blog Post

Solar Panels Not Working? What To Do Next

If your solar panels aren't producing as promised, you may have legal options. Learn what to do when your solar system fails to perform.

Consumer Alert

You were promised energy savings. Instead, you're paying for solar AND still getting utility bills. If your solar panels aren't working as promised, you may have more options than you think — including legal grounds to dispute your contract.

You were promised that solar panels would dramatically reduce or eliminate your electric bill. You signed the contract, the panels went up, and now — months or years later — you're still paying a significant utility bill on top of your solar payment. If your solar system isn't producing what was promised, you are not alone, and you may have more options than you think.

Before you call your solar company to complain about underperformance, get a legal review of your contract. What you say to the company — and how you say it — can affect your legal options. Protect your position first.

Why Solar Systems Fail to Perform as Promised

Solar underperformance is more common than the industry acknowledges. The gap between what homeowners are told during the sales process and what their systems actually produce is one of the most frequent sources of solar contract disputes.

• Installation issues — improper panel orientation, shading that wasn't accounted for in the design, or roof pitch problems
• Equipment failure — inverter failures, panel degradation, or monitoring system failures that go undetected
• Design flaws — system sized incorrectly for the home's actual energy consumption
• Inflated production estimates — sales presentations that used best-case scenarios rather than realistic production models
• Shading changes — trees or new construction that now shade panels that were in full sun at installation

What You Can Do If Your Solar Isn't Producing

The first step is documentation. Before taking any other action, gather the evidence that establishes the gap between what was promised and what is actually happening.

• Compare promised vs. actual production — pull your system's production data (from your monitoring app) and compare it to the production estimates in your contract or sales proposal
• Review your warranties — your panels likely carry a 25-year performance warranty; your inverter typically carries a 10–25 year warranty depending on the manufacturer
• Identify the responsible party — is the underperformance a manufacturer defect, an installation error, or a design problem? Each points to a different responsible party
• Document everything in writing — all communications with your solar company should be in writing from this point forward

When Underperformance Becomes a Legal Issue

Solar underperformance crosses into legal territory when the gap between promised and actual production is significant, consistent, and traceable to the sales process or installation. Specifically, you may have legal grounds when:

• Your contract includes a production guarantee that the system is failing to meet
• The sales presentation included specific production numbers that were not reflected in the written contract
• The underperformance is due to an installation error that the company refuses to correct
• The company has gone out of business and cannot honor its warranty obligations

A production shortfall of 20% or more, sustained over 12+ months, is generally considered significant enough to support a legal claim in most states. If your system is consistently underperforming by this margin, document it and get a legal review.

Get a Free Case Review

If your solar system isn't performing as promised, our team will review your contract, your production data, and your sales materials to identify whether you have grounds for a dispute, warranty claim, or contract renegotiation. The review is free and there is no obligation to proceed.