Can you cancel a solar contract in Florida?

Your right to cancel in Florida

Florida's solar law, Part II of Chapter 520, has been in effect since July 1, 2017 ^[1]. It requires solar sale or lease agreements to explain your right to cancel for at least three business days after you sign ^[2]. That requirement doesn't apply in certain planned solar communities ^[2].

Florida's Home Solicitation Sale Act covers sales, leases and rentals over $25 that a seller solicits away from its place of business. There are some exceptions, such as a sale you asked for ^[5]. You can cancel by written notice until midnight of the third business day after you sign ^[6]. The contract must include a "Buyer's right to cancel" notice. A mailed notice counts if it's postmarked before that deadline ^[7].

Under that law, a business day is any calendar day except Sunday or a federal holiday, so Saturdays count ^[5]. After you cancel, the seller must return your payments and any note or other evidence of debt within 10 days ^[8].

The solar disclosure statement you should have received

Florida requires a written disclosure statement separate from the agreement. It must be printed in at least 12-point type, and you must acknowledge it separately ^[2]. It can be sent electronically if you confirm you received it ^[1]. Among other things, it must show:

• Whether you're buying or leasing the system, the total cost including interest and fees, and the payment schedule ^[1][2].
• If you received a savings estimate, the assumptions behind it and a notice that future electric rates are estimates only and may vary ^[1].
• Whether the system is financed and whether the seller helped arrange financing, plus a notice that the statement doesn't include your financing agreement's terms ^[2].
• The design assumptions, including how much output is expected to decline each year, and the status of utility compensation for extra energy the system produces at the time you signed ^[2].
• Who gets the tax credits, whether there's a lien or UCC-1 fixture filing, roof warranty and maintenance details, and the installer's name and state contractor license number ^[1][2].
• The phone number for the state licensing department's customer contact center, added in 2023 ^[3].

If a seller breaks Florida's solar disclosure law

A seller that willfully and intentionally violates Florida's solar sales law commits a noncriminal violation. The fine can be up to the cost of the system. The owner may recover finance charges and fees charged under the agreement, plus attorney fees and costs ^[4].

The law doesn't say a missing disclosure makes a contract void. It's something to raise in a review, not an automatic way out.

A seller that also installs the system must hold a Florida contractor license ^[1], and Florida law says a contract made by an unlicensed contractor can't be enforced by that contractor ^[9].

Solar financed with PACE

If your system was financed through a PACE program, Florida's PACE law gives you a separate right to cancel within three business days after signing the financing agreement, without a financial penalty. It also caps estimated annual payments at 10 percent of verified household income ^[10].

Net metering and the savings you were promised

For Florida's investor-owned utilities, the Public Service Commission's net metering rule credits extra energy your system produces to the next month's bill. Credits can build for up to 12 months. Leftover credits are then paid out at the utility's as-available energy rate ^[11][12]. City utilities and co-ops set their own terms ^[11].

A 2022 bill that would have reduced credits for rooftop solar owners was vetoed and did not become law ^[13].

Attorney General actions in Florida

In late 2023, the Florida Attorney General sued two solar companies. After more than 400 complaints, the suit against MC Solar and Roofing in Tampa alleged deceptive practices, unfinished or nonworking systems, and liens on homes ^[14]. The suit against Vision Solar alleged deceptive sales tactics and improperly installed panels ^[15]. These are allegations in lawsuits.

If the cancellation window has passed

Most homeowners we talk to are well past the first few days. That doesn't end the question. Many consumer loan contracts include a federal notice required by the FTC Holder Rule. It makes whoever holds your loan subject to the claims you have against the seller, with recovery capped at what you've paid ^[16]. Whether it applies depends on your loan papers.

Keep making your payments while you sort it out. Start with the cheapest fixes, like calling your loan servicer or making a warranty claim, and bring your contract to a free consultation.

Where to complain or check a license in Florida

• Florida DBPR: verify a contractor license
• Florida DBPR: contact the customer contact center
• Florida Attorney General
• Florida Department of Agriculture and Consumer Services: consumer complaints
• Florida Public Service Commission (net metering and interconnection)

Sources

1. [1] Laws of Florida ch. 2017-118, creating Part II of Chapter 520 (distributed energy generation system sales)
2. [2] Fla. Stat. 520.23, disclosure statement and right to rescind
3. [3] Laws of Florida ch. 2023-130, amending s. 520.23
4. [4] Fla. Stat. 520.25, penalties
5. [5] Fla. Stat. 501.021, home solicitation sale definitions
6. [6] Fla. Stat. 501.025, buyer's right to cancel
7. [7] Fla. Stat. 501.031, required notice of the right to cancel
8. [8] Fla. Stat. 501.041, restoration of down payment
9. [9] Fla. Stat. 489.128, contracts by unlicensed contractors
10. [10] Fla. Stat. 163.081, residential PACE financing
11. [11] Fla. Stat. 366.91, renewable energy and net metering
12. [12] Florida Administrative Code Rule 25-6.065, interconnection and net metering
13. [13] WLRN: DeSantis vetoes a controversial bill on rooftop solar (April 2022)
14. [14] Fox 13: Attorney General sues Tampa solar company (Nov. 2023)
15. [15] WFTV: Florida Attorney General sues Vision Solar (Dec. 2023)
16. [16] 16 CFR 433.2, FTC Holder Rule