Our purchaser client bought a house, but he did not want to keep the solar panels on the roof. This was very important to him, and as such the realtors need not include the solar panels on the agreement of purchase and sale.
At closing, the opposing seller insisted that our client keep the solar panel roof and pay its monthly rental fees. We declined, citing the agreement. The seller’s lawyer stated that the solar panels are fixtures that are automatically included with the house – meaning that even if those are not mentioned on the agreement, our client must take them. We analyzed the existing agreement for solar panels, which stated that they are not fixtures – so they must be included on the agreement, otherwise our client doesn’t need to take them. The seller’s lawyer conceded, and the seller paid our purchasing client a total of $15,000.00 CAD so our client can buy out the solar panel and do not need to pay the monthly rental fees. Our client is happy, we are happy.
