Texas Solar Panels Not Producing
What Was Promised? Your Options
If the panels on your Texas roof have stopped producing, never produced what was promised, or have been damaged by hail or a hurricane and the company will not repair them — and you are still paying — you are not alone. Non-performance is one of the most common Texas solar complaint categories. This page explains, in plain language, how Texas law may apply to non-performance situations and how a qualified attorney may review the homeowner’s documentation.
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Types of Non-Performance in Texas
Non-performance shows up in several different forms. Each has its own documentation requirements and its own legal angle. A qualified attorney may review which framework applies to the specific situation.
1. System Not Producing What Was Projected
The salesperson showed a production estimate at the kitchen table — typically a specific kilowatt-hour annual figure or a percentage of the homeowner’s previous bill. Months later, the homeowner’s monitoring portal shows actual production that falls meaningfully short. The gap matters because the original savings projection was the basis for the homeowner’s decision to sign.
In Texas, panel derating in summer heat is a real phenomenon — rooftop temperatures routinely exceed 100°F, which can reduce panel output 10–20 percent from rated capacity. A homeowner whose system was sold using rated capacity (rather than Texas-realistic output) may have a potential disclosure issue worth reviewing.
2. System Completely Down — Inverter or Component Failure
Solar inverters typically last 10–15 years. Panels are rated for 25 years but degrade. When something fails, the homeowner depends on the installer’s warranty service. When the installer goes silent — particularly common with the recent solar bankruptcies (Sunnova, SunPower, Freedom Forever, others) — the warranty may be effectively unavailable even if it technically exists on paper.
3. Hail Damage on North Texas Systems
North Texas — DFW, Plano, McKinney, Frisco, Denton, Sherman — sits in one of the most hail-prone regions of the country. Hailstorms damage panels regularly. The complications: the panel warranty may exclude weather damage, the homeowner’s homeowners insurance may exclude rooftop equipment damage, and removing panels to repair the underlying roof requires coordination with the solar company that may or may not still be operational. Some Texas homeowners have reported being unable to get the solar company to remove panels for roof repair, leading to water damage and additional disputes.
4. Hurricane or Tropical Storm Damage on the Gulf Coast
Houston metro, Galveston, Beaumont, Corpus Christi, the Rio Grande Valley — the Gulf Coast sees regular hurricane and tropical storm impact. Wind-driven debris, water intrusion under panels, and storm-displaced racking are common claims. Warranty coverage for storm damage varies by manufacturer and by contract type.
5. Installation Defects
Texas Occupations Code Chapter 1305 governs electrical licensing. Solar installation involves electrical work that must be performed by properly licensed electrical contractors. If a system was installed without proper licensing, that may be a separate issue a qualified attorney could review independent of the performance question.
6. The Company Has Gone Silent
Phone calls go unanswered. Email bounces. The local installer’s office is closed. The homeowner does not know who currently owns the contract, who currently services the panels, or who is responsible for warranty. This is increasingly common with the 2024–2026 solar bankruptcy wave. Sunnova’s transition to SunStrong Management, SunPower’s bankruptcy, Freedom Forever’s April 2026 Chapter 11 — each creates a category of homeowners with effectively orphaned systems.
The Four Types of Texas Solar Contracts
(and Why They Matter)
Cancellation rights and remedies depend on which type of contract a Texas homeowner signed. The four most common are summarized below.
Solar Lease
Why Texas homeowners want out
Solar Loan
Why Texas homeowners want out
Solar PPA
Why Texas homeowners want out
Cash Purchase
Why Texas homeowners want out
Texas Solar Cancellation collects information about all four contract types during intake. The contract type determines which Texas and federal laws may apply, and an attorney reviews that combination as part of the legal review.
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Why Documentation Matters in a Non-Performance Case
Non-performance cases are won on documentation. The completeness of the homeowner’s records directly affects how an attorney can evaluate the situation. Categories of documentation worth organizing for a non-performance review:
The Original Promise
- The original savings projection or production estimate from the sale
- Marketing materials and brochures shown at the sale
- Sales emails and text messages with the original salesperson
- The original signed contract, including any warranty terms
Actual Performance
- Production reports from the monitoring portal — ideally every month since installation
- Utility bills before installation (at least 12 months for baseline)
- Utility bills after installation (all of them)
- Any documentation from the homeowner’s REP about buyback rates or net metering
Service and Warranty
- Every service or warranty ticket filed with the company
- The company’s response (or lack of response) to each ticket
- Photos and videos documenting the issue (broken panels, blank inverter, etc.)
- Any inspection reports — from roofers, electricians, or independent solar contractors
Insurance and Storm Documentation (if applicable)
- Storm date and event documentation
- Homeowners insurance claim filed, if any
- Insurance company’s response — adjuster report, denial, settlement
- Quotes for repair or replacement
Texas Legal Framework for Non-Performance
Law
Breach of contract
Texas DTPA §17.46(b)
Texas Occupations Code Ch. 1305
UCC implied warranty of merchantability (Tex. Bus. & Com. Code §2.314)
Manufacturer warranty
Bankruptcy proceedings
How It May Apply to Non-Performance
A solar contract may include performance guarantees. If the company is not meeting its contractual obligations — service, warranty, production — that may be a breach. State common law breach-of-contract remedies may apply.
If non-performance is tied to misrepresentations at the original sale (e.g., production was overstated, or warranty terms were misrepresented), DTPA may provide a parallel ground a qualified attorney could review.
Governs electrical licensing. Installation by an unlicensed contractor may be a separate issue worth reviewing.
For sales of goods, an implied warranty exists that the goods are fit for their ordinary purpose. Solar panels that do not function for their ordinary purpose may implicate this warranty.
Panel and inverter manufacturers typically provide their own warranties. These run against the manufacturer rather than the installer and may survive the installer's bankruptcy.
If the installer is in Chapter 11 or has been acquired by a successor, warranty obligations may be administered through the bankruptcy court or transferred to the successor entity.
Practical First Steps
Step 1: Document the Problem
Before contacting anyone, document what is happening. Photos, video, screenshots of the monitoring portal, copies of recent utility bills, copies of every service ticket. A clear date-stamped record of the problem is the foundation of any later review.
Step 2: Open a Service Ticket
Even if the installer is bankrupt or unresponsive, file a written service ticket through every available channel — web form, email, certified mail. The ticket may not get a response, but the record of the homeowner having tried is part of the documentation.
Step 3: Check Manufacturer Warranties
Panel and inverter manufacturers (Enphase, SolarEdge, JA Solar, Trina, Silfab, others) typically provide their own warranties. These run directly against the manufacturer and may be enforceable independent of the installer’s status. The model numbers and serial numbers are usually on the original installation paperwork.
Step 4: Continue Making Payments
Continuing to make payments on the solar lease, loan, or PPA is generally the safest course of action until a qualified Texas-licensed attorney has reviewed the documents and provided specific advice. Non-performance does not, by itself, suspend the homeowner’s payment obligation; that question requires legal review.
Step 5: Submit Documentation for Review
A free intake gets the documentation in front of a qualified attorney to find out which legal framework may apply, what remedies may be available, and what next steps make sense for the specific situation.
IMPORTANT: Do Not Stop Making Payments Without Legal Advice
Continuing to make payments on a solar lease, loan, or PPA is generally the safest course of action until a qualified Texas-licensed attorney has reviewed the homeowner’s documents and provided specific advice. Stopping payments without legal advice may result in default, damage to credit, collections, or other consequences. The decision to stop making payments must only be considered under advice and representation of a qualified attorney.
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Frequently Asked Questions
These questions come up most often during Texas homeowner intakes. They are general information only and not legal advice.
My panels are not producing what was promised. Can I cancel my contract?
Cancellation generally requires legal grounds — breach of contract, DTPA misrepresentation, or another fact-specific issue. Underproduction by itself does not automatically cancel a contract. A qualified attorney may review the documentation and assess whether the specific facts may merit further legal review.
My panels were damaged by hail. The solar company will not fix them. What now?
Document the damage with photos and dates. File a written service ticket. Check whether the warranty covers weather damage (many do not). Check whether your homeowners insurance covers solar equipment damage. A qualified attorney may review whether breach of contract or another framework may apply to the company’s refusal to repair.
The solar company has gone out of business. My panels are not working. What about the warranty?
If the installer is in bankruptcy or has been acquired, warranty obligations may be administered through the bankruptcy court or transferred to a successor entity. Manufacturer warranties on panels and inverters run directly against the manufacturer and may be enforceable independent of the installer’s status. A qualified attorney may review the specific situation.
Can I stop paying because the panels are not working?
No. Continuing to make payments is generally the safest course of action until a qualified Texas-licensed attorney has reviewed the documents and provided specific advice. The decision to stop making payments must only be considered under advice and representation of a qualified attorney. Stopping payments may result in default, damage to credit, collections, or other consequences that may complicate any legal review.
What about Texas summer heat — is my system underproducing for that reason?
Solar panels lose efficiency at high temperatures (derating). In Texas summers, rooftop temperatures routinely exceed 100°F, which can reduce panel output 10–20 percent from rated capacity. If the system was sold using rated capacity rather than Texas-realistic output, that may be a potential disclosure issue worth reviewing. A qualified attorney may evaluate whether the specific facts may merit review under DTPA §17.46(b).
Is hurricane damage covered by my solar warranty?
It depends on the warranty terms. Many panel and inverter warranties exclude weather and storm damage. Some installer warranties have limited weather coverage. Homeowners insurance may or may not cover rooftop solar equipment damage — review your policy. A qualified attorney may review the specific warranty language and the homeowner’s options.
Was my Texas system installed by a properly licensed contractor?
Solar installation involves electrical work that must be performed by properly licensed electrical contractors under Texas Occupations Code Chapter 1305. If a system was installed without proper licensing, that may be a separate issue. The Texas Department of Licensing and Regulation (TDLR) maintains licensing records and accepts complaints at tdlr.texas.gov.
Should I get an independent inspection of the system?
An independent inspection by a non-affiliated solar contractor or licensed electrician can produce documentation that helps both warranty claims and legal review. The inspection report should document what is failing, what should be working, and what the contractor recommends for repair.
How does an intake review of a non-performance case work?
Texas Solar Cancellation collects and organizes the homeowner’s documentation, including production records, service tickets, warranty correspondence, and original sales materials. The review considers which Texas and federal laws may apply and whether the matter may be a candidate for a fixed-fee engagement.
Is the intake itself free?
Yes. Submitting an intake is free. If the matter meets initial criteria and the law firm accepts it, the homeowner enters a fixed-fee engagement directly with our law group. The fee is disclosed up front before the homeowner agrees to anything.
Ready to See If You May Be Eligible for a Legal Review?
A free intake gets the documentation in front of a qualified attorney to find out what may apply to the specific non-performance situation.
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