Legal Question in Consumer Law in Arizona

I'll keep this short...

In 2012 my mom signed a 20 year lease on solar panels with NRG suncap LLC, and in 2013 she stopped paying on the lease. The reason for default is because the solar panels were not producing what was promised in the sales pitch made by Going Green (who is no longer associated with NRG). Going Green has been taken to task by the attorney general here in Arizona for violating the ACFA (see article here). Recently my mom has decided to sell her house, and found out that there is a fixture lien attached to the title, despite not having received any preliminary notice. So my question is would this contract be considered unconscionable because Going Green made fraudulent claims? Also, can NRG attach the fixture lien onto the title without preliminary notice? However, if they are allowed to forgo the notice because of a security agreement, what would define it in the contract, the only thing that would resemble a security agreement is the "remedies of default" section. Is there any hope of getting out of this lease, and should we seek a contract attorney?

Asked on 8/29/15, 5:09 pm

1 Answer from Attorneys

John Burton The Law Office of John Burton, PLLC

I would be happy to discuss this with you but not in public. Please contact me for a complimentary consultation.

John Burton, Esq.

The Law Office of John Burton, PLLC

(602) 617-8516

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Answered on 8/30/15, 8:05 am

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