Calif Registered Salesman Law

[mustardjo]

A door to door salesman came and told us about a special deal limited-time offer on solar. It sounded great..we told him to come back later. He came back a couple days later. My brother (who has two serious illnesses) told him he wasn't feeling well and to come back another time. Salesman told Joe he would help him and signed my brother up for solar while I wasn't home.
We found out months later about the registered solar salesman law in Calif. https://www.cslb.ca.gov/Media_Room/I...January_9.aspx Checked Shameer's HIS number...he was not registered with Energy Service Partners or anyone else.
We have a question for you. Wasn't it the contractor's responsibility to check the status and registration of the salesman? Discovering that the salesman was not registered...shouldn't that have stopped the agreement? The feedback we kept getting from ESP (Energy Service Partners) was...the salesman was an independent contractor...he was not employed by ESP...ESP does not have to honor anything he tells us. Isn't that premeditated fraud? A con? A scam? Knowingly using an unregistered salesman that is allowed to lie all he wants to a customer to get a sale...and the contractor doesn't have to honor it. That is downright criminal behavior. My brother and I did not know about the registered salesman law until months later. I found it online on the California State Contractors License Board. If the contractor had stopped this immediately...it would have saved us a lot of problems. Are we stuck with a $30,000 lien on our house, and a marginal system worth maybe $10,000 at most?

[Ampster]

................ Are we stuck with a $30,000 lien on our house, and a marginal system worth maybe $10,000 at most?

You are in an unfortunate situation and are probably committed to what you had installed and signed for. I assume the installation is complete?
How did your mediation go on the 7th?

[organic farmer]

A door-to-door salesman is no different from a unsolicited caller trying to get you to buy into a scam.

[mustardjo]

The mediation went well on our side. The mediator just talked to my brother and I. He said that there were a few possible violations ...including the non registered salesman. He is going to investigate further and see what kind of offer ESP will make us.

[mustardjo]

A door-to-door salesman is no different from a unsolicited caller trying to get you to buy into a scam.

You are wrong. A door to door solar salesman in California is supposed to be registered to the state and the contractor they sell for.https://www.cslb.ca.gov/Media_Room/I...January_9.aspx

[solardreamer]

Is there anything wrong or not meeting contract specs with the solar system?

[organic farmer]

You are wrong. A door to door solar salesman in California is supposed to be registered to the state and the contractor they sell for.https://www.cslb.ca.gov/Media_Room/I...January_9.aspx

If a salesman knocks on my door, unsolicited, I can guarantee they will try to sell me something that I does not advantage me.

If I want to buy something, I research products and I ask for references.

[mustardjo]

Is there anything wrong or not meeting contract specs with the solar system?

It has barely worked this past year. We are paying two payments each month. It just starting working after they installed a year inverter last month after I made complaints to various agencies

[solardreamer]

It has barely worked this past year. We are paying two payments each month. It just starting working after they installed a year inverter last month after I made complaints to various agencies

The fact that it has not worked to contract specs should help your mediation case. Good luck.

[Ampster]

The fact that it has not worked to contract specs should help your mediation case. Good luck.

Mediation is not the same as binding arbitration. I do not know how much the gross overpriced issue will come to play but if the system has not performed and if ESP has not fixed it then there may be some compensation. I am not sure it will be as favorable as a Lemon Law mediation I went through years ago.

[mustardjo]

Calif was declared in a State of EMERGENCY on Mar 5, 2921....that agreement was forged on MAR 12, 2021. WE WERE CHARGED $30000 for a system that averages about $14000..isnt that price gouging?

[Ampster]

I am not a lawyer nor do I know anything about statutes about price gouging. What does Sate of Emergency have to do with a willing buyer and willing seller reaching an agreement? Your only hope is that there was some misrepresentation in writing that fooled or coerced you or your brother into signing.

[mustardjo]

I am not a lawyer nor do I know anything about statutes about price gouging. What does Sate of Emergency have to do with a willing buyer and willing seller reaching an agreement? Your only hope is that there was some misrepresentation in writing that fooled or coerced you or your brother into signing.

That is the issue. WE WERE NOT WILLING BUYERS. My name is no where on the contract. The salesman came over to make his pitch about solar. It sounded good so my brother and I told him to come back later. He came back the next day when I was not home. My brother told him he wasn't feeling well and to come back another time when I was home. The salesman had his iPad and told Joe he would help him so he could start saving money. My brother wasn't really sure what transpired. Joe has a medical condition hepatic encephalopathy which causes high ammonia levels. When ammonia gets too high he experiences brain fog. He takes Lactalose to treat it. We have letters from 2 doctors (one is a specialist at UCSF) that have been treating him. It was all done on the salesman's Ipad. I didn't even know or see the agreement till days later. Neither of us was aware we had entered into a binding contract. Months later we discovered that it is a violation in Calif for an unregistered salesman to execute a contract. This should have never happened. The contractor should have stopped it knowing he was not registered. He lied about everything. Then the contractor tells us when the system isn't working that ESP is not responsible for anything the salesman tells us.The salesman vanished after he was paid his $7200 commission. No one knew where he went.

[mustardjo]

Mediation is not the same as binding arbitration. I do not know how much the gross overpriced issue will come to play but if the system has not performed and if ESP has not fixed it then there may be some compensation. I am not sure it will be as favorable as a Lemon Law mediation I went through years ago.

We were charged twice as much for a system during a state of emergency that neither of us agreed to. I made 70 requests to talk to a manager at ESP when finally 6 months later a supervisor calls us and tells us the system is working as expected. (PGE told us that in Dec 21, Jan 22, and Feb 22 we were only producing power to cover one day a month. He went on the say...the salesman is not employed by ESP he is an independent contractor ESP does not have to honor anything he says. I found out months later this was a lie https://www.cslb.ca.gov/Media_Room/I...January_9.aspx

[oregon_phil]

You are wrong. A door to door solar salesman in California is supposed to be registered to the state and the contractor they sell for.https://www.cslb.ca.gov/Media_Room/I...January_9.aspx

I read your Yelp review of ESP for the details of your situation. I am not a lawyer nor do I live in California.

I also read the California law summary for Solar Lead generation and sales from the link you provided. It appears an unregistered "solar energy lead generator" can operate in California to bring a lead to a licensed contractors or their registered home improvement salespersons:

"While the Business and Professions Code prohibits unlicensed operators from advertising for work requiring a contractor's license, a lead generator or solar broker may serve as a referral source for licensed contractors, provide contractor contact information to prospective customers, and set up appointments for licensed contractors or their registered home improvement salespersons (BPC §7152 (c)(5))"

But the unregistered Solar Lead Generator cannot provide quotes or offers for the sale and installation of solar photovoltaic system.:

"However, solar energy lead generators or solar brokers cannot provide quotes or offers for the sale and installation of solar photovoltaic systems. This can be done only by a licensed contractor or a registered salesperson who is an employee of a licensed contractor (BPC §§ 7152, 7154). It is a misdemeanor for any person to engage in selling home improvement goods and services without registering with the CSLB (BPC §7153)."

Unfortunately, you might need a lawyer to get what you want. I'm not exactly sure what you want, however. The above law might send the salesman to jail or impose a fine, but not do anything about your solar system for example. Remember, I'm not a lawyer; please take anything I say with a grain of salt.

You said you and your brother were seniors. If you can't afford a lawyer outright, you might be able to find an advocate for you at California Elder Law and Advocacy Pro Bono Program.