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  • Rockit31
    Member
    • Jun 2012
    • 38

    #1

    Sunpower production guarantee on leases

    So when Sunpower guarantees a certain production amount in their lease, does that hold for the whole 20 years? Can they adjust it as time goes on? I have never seen a drawn up lease agreement yet, just the quotes, but I fear one of their "gotchas" is that they can lower their production guarantee as they see fit.

    If this is not true, how do they handle situations where a home develops more shade as time goes by because the trees keep growing?
  • inetdog
    Super Moderator
    • May 2012
    • 9909

    #2
    Originally posted by Rockit31
    So when Sunpower guarantees a certain production amount in their lease, does that hold for the whole 20 years? Can they adjust it as time goes on? I have never seen a drawn up lease agreement yet, just the quotes, but I fear one of their "gotchas" is that they can lower their production guarantee as they see fit.

    If this is not true, how do they handle situations where a home develops more shade as time goes by because the trees keep growing?
    I expect that to maintain the production guarantee, you would have to trim the trees as needed. If they are not your trees, then look for any solar access rights laws in your location, negotiate with your neighbor, or kiss the guarantee goodbye. They cannot lower the guarantee entirely as they see fit, but they can penalize you for changing the conditions that were present at the time of the installation.
    SunnyBoy 3000 US, 18 BP Solar 175B panels.

    Comment

    • Sunking
      Solar Fanatic
      • Feb 2010
      • 23301

      #3
      Originally posted by inetdog
      look for any solar access rights laws in your location
      I am not sure, but I think only certain areas of CA is the only place that does that.
      MSEE, PE

      Comment

      • inetdog
        Super Moderator
        • May 2012
        • 9909

        #4
        Originally posted by Sunking
        I am not sure, but I think only certain areas of CA is the only place that does that.
        It is primarily a left-coast thing alright....
        SunnyBoy 3000 US, 18 BP Solar 175B panels.

        Comment

        • Sunking
          Solar Fanatic
          • Feb 2010
          • 23301

          #5
          Originally posted by inetdog
          It is primarily a left-coast thing alright....
          Yeah that is what I thought. Find of goofy Greenies wanting to cut down trees. Guess they are smoking to much medical Ganja
          MSEE, PE

          Comment

          • Ian S
            Solar Fanatic
            • Sep 2011
            • 1879

            #6
            Originally posted by Rockit31
            So when Sunpower guarantees a certain production amount in their lease, does that hold for the whole 20 years? Can they adjust it as time goes on? I have never seen a drawn up lease agreement yet, just the quotes, but I fear one of their "gotchas" is that they can lower their production guarantee as they see fit.

            If this is not true, how do they handle situations where a home develops more shade as time goes by because the trees keep growing?
            If you are considering any lease, you owe it to yourself to get a copy while you're deciding. I had no problem getting a copy when I was going through the process last year. In any event, everything you are wondering about is covered in the lease. There is a table covering the guaranteed production range for every year of the lease. That range guarantee declines with age until it's about 10% lower at year 20. You are responsible for shading issues caused by vegetation growth so if you let trees grow or your neighbor does and it reduces your production, then that lets them off the hook. Bear in mind also that if your system produces more than the top value of the guaranteed range, then they keep track of that and that overage will be used to offset later shortfalls before any money is paid to you. They also won't accept responsibility for shortfall if it's due to Force Majeure events beyond their control. All in all, I think it's fairly written but I'm not expecting it to ever pay out.

            Comment

            • SoCalsolar
              Solar Fanatic
              • Jun 2012
              • 331

              #7
              the

              The decrease in production s stated in the lease docs and it is the lessee's responsibility to keep the panels as shade free as the panels were at installation. California solar rights act usually only covers trees that are 20 years old or less after twenty years you gotta use that herbicide the Alabama fan that killed Auburn's grove of trees used.

              Comment

              • Mike90250
                Moderator
                • May 2009
                • 16020

                #8
                I believe the California law only prevents new tree installs, and mandates trimming existing trees only to the point of where they were when panels were installed. There were issues with jealous neighbors planting a $40 poplar tree, intending to shade and destroy a feuding neighbors PV install.
                Powerfab top of pole PV mount (2) | Listeroid 6/1 w/st5 gen head | XW6048 inverter/chgr | Iota 48V/15A charger | Morningstar 60A MPPT | 48V, 800A NiFe Battery (in series)| 15, Evergreen 205w "12V" PV array on pole | Midnight ePanel | Grundfos 10 SO5-9 with 3 wire Franklin Electric motor (1/2hp 240V 1ph ) on a timer for 3 hr noontime run - Runs off PV ||
                || Midnight Classic 200 | 10, Evergreen 200w in a 160VOC array ||
                || VEC1093 12V Charger | Maha C401 aa/aaa Charger | SureSine | Sunsaver MPPT 15A

                solar: http://tinyurl.com/LMR-Solar
                gen: http://tinyurl.com/LMR-Lister

                Comment

                • KRenn
                  Solar Fanatic
                  • Dec 2010
                  • 579

                  #9
                  Originally posted by Rockit31
                  So when Sunpower guarantees a certain production amount in their lease, does that hold for the whole 20 years? Can they adjust it as time goes on? I have never seen a drawn up lease agreement yet, just the quotes, but I fear one of their "gotchas" is that they can lower their production guarantee as they see fit.

                  If this is not true, how do they handle situations where a home develops more shade as time goes by because the trees keep growing?


                  The contract specifically requires the homeowner to keep trees trimmed so as not to shade the system.

                  Comment

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