Homeowners who ask whether they can sue my solar company in Texas usually can, because state law gives real claims to a consumer the seller misled; the harder question is which forum will hear it and how much time is left. The main routes are the Texas Deceptive Trade Practices Act, common-law fraud and breach of contract, and which one fits depends on the sales pitch you heard, the contract language and the documents you can produce. Before any of them, you clear three gates: a written notice requirement, a filing deadline, and whatever dispute resolution clause you signed.
This page explains those gates in order. It is information, not legal advice, and the decision belongs to you and an attorney who has read your file.
Want to know if you have a claim? Submit your documents for a free intake or call 888-918-2083.
The claims that let you sue my solar company in Texas
Texas Deceptive Trade Practices Act. The DTPA is the primary consumer tool. A consumer who prevails may recover economic damages, and where the business acted knowingly, a court may award mental anguish damages and up to three times economic damages. Misrepresented savings, a promised production figure that was never achievable, and a misstated utility bill comparison are the typical fact patterns. Our post on DTPA claims for solar misrepresentation covers what evidence supports one.
Common-law fraud. This requires a false statement of material fact, made knowingly or recklessly, that you relied on to your detriment. It is harder to prove than a DTPA claim and often pleaded alongside it.
Breach of contract. If the agreement promised a production level, an installation standard or a warranty that the company never delivered, the contract itself is the claim. The limitations period for breach of contract in Texas is four years, longer than the DTPA’s.
Claims tied to the financing. Where the seller arranged the loan, the Federal Trade Commission’s Holder Rule preserves the borrower’s claims and defenses against the holder of the note, with recovery capped at the amount the consumer paid. That is the doctrine that can reach a lender that had nothing to do with the sales pitch.
The three gates before you sue my solar company
Gate 1: the 60-day DTPA notice
The DTPA requires a consumer to give the business written notice at least 60 days before filing suit, describing in reasonable detail the specific complaint and the amount of economic damages, mental anguish damages and attorney’s fees claimed. Skipping it invites an abatement. Sending it also sometimes produces a settlement offer before anyone files.
Gate 2: the deadline
A DTPA action carries a two-year deadline running from the date the false or deceptive act occurred, or within two years of when the consumer discovered or reasonably should have discovered it. For most homeowners the practical start date is the sale. Two years disappears fast while you are arguing with a servicer. Read the deadlines on Texas solar claims and mark your own dates.
Gate 3: the arbitration clause
Most residential solar agreements route disputes to private arbitration and waive the jury and the class action. That does not eliminate your claims, but it changes the forum, the discovery and the appeal rights. Some clauses carry a 30-day opt-out, and many carve out small claims court, where Texas justice courts hear claims up to $20,000. Our guide to the solar contract arbitration clause explains how to read yours.
If you sue my solar company, who is the defendant?
This is where homeowners lose months. The salesperson, the installer, the system owner and the lender are usually four different companies, and they do not share liability automatically.
| Party | Typical role | Reachable? |
| Sales organization | Made the representations | Often the strongest DTPA target, if it still exists |
| Installer | Did the work | Claims tied to workmanship; frequently the company that closed |
| Lender or system owner | Holds the money | Reachable through the loan documents and, where it applies, the Holder Rule |
| Servicer | Sends the bill | Usually an agent, not a principal |
If the company that sold you the system filed bankruptcy, the automatic stay blocks actions against that debtor while the case is open. Check the verified list of solar company bankruptcies before you spend money pursuing a company that is in liquidation.
What to gather before anyone can evaluate a claim
- The signed agreement, every addendum and all finance documents.
- The savings projection, production estimate or utility bill comparison the salesperson showed you.
- Texts, emails and voicemails from the salesperson, with dates.
- Monitoring data and every electric bill since installation.
- The permit, inspection and interconnection records.
- A dated log of every call with the company, with names.
Documents win claims. A recollection of what the salesperson said is worth far less than a screenshot of him saying it.
Frequently asked questions
Can I sue my solar company if I already signed an arbitration clause? Your claims survive, but an arbitrator will likely hear them instead of a judge, unless an opt-out or a small claims carve-out applies.
How much does it cost? Fee arrangements vary, and the DTPA allows a prevailing consumer to recover reasonable attorney’s fees. An attorney evaluates that from your documents.
What if the company is out of business? Then the live question is who holds the paper. Start with what to do when your installer closes.
Should I file a complaint with the state too? Yes, and it is separate from a private claim. See where to file a solar complaint in Texas.
Should I stop paying while I pursue this? Not on your own. Defaulting damages your credit and weakens your position.
Find out where you stand before the two years run. See if you may be eligible for a free legal review, or call 888-918-2083.
Sources: Texas Business and Commerce Code, Chapter 17 (Deceptive Trade Practices), including Section 17.50 (damages), Section 17.505 (60-day notice) and Section 17.565 (two-year limitation); Texas Civil Practice and Remedies Code, Chapter 171 (General Arbitration).
REQUIRED DISCLOSURES: Texas Solar Cancellation is a marketing and intake service. We are not a law firm and do not provide legal advice. Do not rely on anything here as legal advice. Using this site or submitting a form does not create an attorney-client relationship. We do not guarantee any outcome. The decision to stop making payments on your solar agreement should only be made under the advice of a qualified attorney. Statutes and deadlines change and apply differently to different facts; confirm the current law with a qualified Texas attorney.