Vivint Solar

As per the customer's contract, "a customer-requested shutdown during the first five years of the agreement will be done at our sole discretion and at a cost mutually agreed before we remove the system." After "the fifth anniversary of the in-service date" the customer will then only be required to...

pay a fee of $499. The customer signed the Power Purchase Agreement on 7/7/2015. On 8/7/2015 the customer signed the Installation Work Order thereby accepting the system's installation and the contract terms of the PPA. Vivint Solar has contacted the customer on 6/13/17 and has provided them with this information

Vivint Solar has scheduled a Service appointment for 06/03/2017. Once the system is back online and has completed backlogging production Vivint Solar will make any needed billing adjustments.

Vivint Solar has been working with the customer within the terms and conditions of the agreement. Customer has requested that we communicate through the Attorney Generals office. Vivint Solar has sent a response to the AGs office and is currently waiting for a response.

Vivint Solar has contacted the customer, and are in the process of working on a resolution.

Complaint: [redacted]
I am rejecting this response because:BELOW IS MY REBUTTAL TO VIVINT SOLAR LLC RESPONSE OF MY ORIGINAL COMPLAINTTo the Revdex.com (Revdex.com).  Please know that the written purchase agreement was also SIGNED by Vivint Solar LLC.  Therefore, Vivint Solar, LLC is equally obligated as the customer to the terms outlined in the agreement!!!The Written Agreement (Definition) - a binding agreement between two or more persons that is enforceable by law, submission, a legal document summarizing an agreement between parties in a dispute to abide by the decision of an arbiter. compact, concordat, covenant. a signed written agreement between two or more parties (nations) to perform some action. First Paragraph Within Vivint Solar LLC’s Agreement (Vivint ALSO Signed) This RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT (Together with all documents expressly incorporated herewith, this “Agreement”) is entered into the Transaction Date set forth above, by and between VIVINT SOLAR DEVELOPER, LLC, a Delaware limited liability company (together with Our successor and assigns, “Seller”, “We”, “Us”, “Our”) and the undersigned CUSTOMER(s) (together Your successors and permitted assigns, “Customer”, “You”, “Your”; together with Us, the “Parties”, and each, a “Party”).Seller DefaultAs outlined in my original complaint, Vivint Solar is clearly in default and breach of the written Agreement because they have known for well over one and a half (1 ½) years and definitely over 30 calendar days—both verbally and in writing—that 13 out of 39 panels have NEVER worked since installation and had NO intentions to rectify the issue because it would have been at Vivint Solar’s expense!!!  Still I had to make payments on all 39 panels!!!  The ONLY reason that Vivint Solar LLC has responded to the complaint is because the Revdex.com (Revdex.com) made them aware of it!!! As outlined in Section 6(b) in the PURCHASE AGREEMENT that Vivint Solar LLC ALSO SIGNED, the “Events of Default” (iii) Seller Default. A "Seller Default' shall mean Our failure to perform any of Our material obligations under this Agreement and the effect of such failure is not cured within thirty (30) days after You give Us written notice of such failure. /iv) Remedies for Seller Default. If a Seller Default occurs and is continuing, You may: (1) terminate this Agreement and request removal of the System from Your Property; and/or (2) except as provided below, exercise any other remedy available to You in this Agreement or under applicable law. Notwithstanding the foregoing, You will have no right to claim damages as a result of the termination of this Agreement, except for (x) the actual costs to remove the System, if We fail to remove the System from Your Property pursuant to Section 6(d); and (y) any damages to Your Property resulting from the removal of the System by Us or Our contractor.My Consumer Rights to Refuse Vivint Solar LLC Access to My Roof AgainI am exercising ALL OF MY CONSUMER RIGHTS as well as my Human, Civil, Constitutional, and Legal rights—to TERMINATE the written Agreement that Vivint Solar LLC also SIGNED, and NOT ALLOW Vivint Solar to come on my property and RE-INSTALL their solar panels on my roof ESPECIALLY after Vivint Solar DEFAULTED, VIOLATED, DELIBERATELY and CONTINUOUSLY CARRIED OUT ON-GOING BREACH of the written Agreement!  How INDIGNANT AND TRIFLING of Vivint Solar LLC to state in their 8 August 2017 email response to my original Revdex.com complaint that I do not have the right to refuse them access to my roof AGAIN to RE-INSTALL non-working Solar Panels! Vivint Solar had no intentions to fulfill their obligations outlined in the written Agreement that Vivint Solar also SIGNED to correct and rectify the 13 faulty panels in which they had well over 365 plus days to resolve!  Customer Argument against Vivint Solar LLCI, [redacted], know that Vivint Solar LLC would not have removed the panels if they did not receive the $5,215.00 from me!  Also, if my roof did not incur damage, the solar panels would still be on my roof—that is the 13 out of 39 that were never properly installed and/or faulty—either way it was Vivint Solar LLC responsibility and obligation to rectify the issue at Vivint Solar’s expense! Vivint Solar conducted material breach of the written contract because 13 panels had to be removed at Vivint Solar’s expense, but Vivint Solar simply refused to FULFILL their OBLIGATION of the written contract by continuously ignoring and neglecting to correct the panels which needed to be removed because of improper installation from the beginning. Vivint Solar was TOTALLY aware of the 13 non-working panels for well over 365 plus days, much less 30 calendar days. The constant making and breaking appointments, no-shows, cancellations at the last minute, is an absolute material breach and anticipatory repudiation breach from Vivint Solar LLC. The 13 faulty panels were the ONLY reason that Vivint Solar LLC repeatedly canceled appointments to come out, correct and rectify because it would have been at their sole expense!!!  Material and Anticipatory Repudiation Breaches by Vivint Solar LLCAccording to US Legal, “a Material breach is a contract law term which refers to a failure of performance under the contract which is significant enough to give the aggrieved party the right to sue for breach of contract. When there has been a material breach, the aggrieved party is also relieved of a duty of further performance under the contract. However, a minor divergence from the terms of the contract is not a material breach. A material breach is one that is significant enough to destroy the value of the contract.”  The US Legal Five Descriptions of Material Breach: How it Applies to Vivint Solar LLC’s Major Material and Anticipatory Breaches of Contract1.US Legal Defines Material Breach as: The extent to which the injured party shall be deprived of the benefit or profit which s/he reasonably expected.  My response to definition no. 1 and its application to Vivint Solar clearly proves that 13 out of 39 non-working panels for well over 365 plus days is not beneficial and quite injurious for any customer.2. US Legal Defines Material Breach as: The extent to which the injured party can be adequately remedied or compensated for the part of that benefit of which s/he shall be deprived.  My response to definition no. 2 and its application to Vivint Solar declares COMPENSATION from Vivint Solar for the customer having to pay on all 39 panels even though 13 did not function as well as COMPENSATION and REIMBURSEMENT for paying to have the panels removed at my expense!  3. US Legal Defines Material Breach as: The extent to which the party failing to perform or to offer to perform shall suffer forfeiture. My response to definition no. 3 and its application to Vivint Solar declares Vivint Solar LLC’s non-stop, on-going cancellations/rescheduling and no-shows to address and rectify the 13 out of 39 faulty solar panels warrants FORFEITURE of the written Agreement that Vivint ALSO signed. These intended on-going no-shows/cancellations/reschedules/no-shows again and Vivint Solar LLC’s DELIBERATE AVOIDANCE AND NEVER INTENDING to correct the 13 non-working panels describe the ANTICIPATORY BREACH of contract by the written Agreement by Vivint Solar! Vivint Solar LLC has exemplified endless anticipatory repudiatory behavior which is defined that, “A party is considered to have repudiated a contract when they evidence a lack of willingness or an inability to perform their contractual obligations. A repudiation of a contract by one party (the repudiating party) will entitle the other party (the aggrieved party) to elect to terminate the contract. This is based on objective intentions i.e. the repudiating party's words or conduct.;[2] This unwillingness or inability to perform a condition must deprive the aggrieved party of substantially the whole of the benefit that they would have received if the remaining obligations were performed under the contract.[3] When such an event occurs, the performing party to the contract is excused from having to fulfill his or her obligations. However, the repudiation can be retracted by the promising party so long as there has been no material change in the position of the performing party in the interim. A retraction of the repudiation restores the performer's obligation to perform on the contract.”  4. US Legal Defines Material Breach as: The likelihood that the party failing to perform or to offer to perform shall correct such failure, taking account of all the circumstances including any reasonable assurances.My response to definition no. 4 and its application to Vivint Solar declares it is TOO LATE because Vivint Solar LLC had well over 365 plus days to resolve and rectify the non-working panels that they were aware of since initial installation.  5. US Legal Defines Material Breach as: The extent to which the behavior of the party failing to perform or to offer to perform is according to the standards of good faith and fair dealing.My response to definition no. 5 and its application to Vivint Solar declares that because the Seller intentionally avoided and deliberately cancelled appointments to rectify 13 non-working, faulty, improperly installed panels constitutes a breach and violation of the written Agreement to perform according the standards of good faith and fair dealings towards the customer.  The written Agreement that Vivint Solar LLC also SIGNED, Section 4 of Our Services outlined as: (a) Operations and Maintenance.  During the entire Term of this Agreement, We will honor the limited warranty described below in Section 4(e), and We will operate and maintain the System (i) at our sole cost and expense (ii); in good condition; (iii) in material compliance with all applicable laws and permits and Utility’s requirements.(e)  Limited Installation and Roof Penetration Warranty.  During the entire term of this Agreement, under customary use and operating conditions, We provide a workmanship warranty that the system will be free from materials defects in design and workmanship.  Again, Vivint Solar LLC is a responsible party to the written agreement and they should be held accountable for neglecting their responsibilities and obligations! As stated in my original complaint, it has been well over 1 ½ years since Vivint Solar LLC installed thirty-nine (39) solar panels on the roof of my property.  However, 13 out of 39 panels have never worked!  Vivint has always known and been aware of the non-working panels ever since installation and operation.  I have waited and patiently waited for Vivint to resolve the 13 non-working panels.  Therefore, Vivint Solar LLC’s on-going deliberate, woeful negligence, and fraudulent claims to place and keep non-working Solar panels on my roof is not only a material breach of contract for not rectifying the 13 faulty panels but show Vivint Solar’s tendency to carry out Direct, Consequential, and Punitive Damages toward the customer!  Vivint Solar LLC’s constant lies, no-shows, last-minute cancellations, and rescheduling just to perform more no-shows is no longer be tolerated!  I could have loss my job by missing work and waiting on Vivint Solar! As an hourly worker, I was not paid for the many days taken off work!  Vivint Solar has not fulfilled their obligation in the written and SIGNED Agreement by Vivint Solar to operate and maintain the system at their expense!  For over 1 ½ years, Vivint Solar has shown failure to address and rectify the 13 faulty panels; therefore, I am no longer contractually bind to allow Vivint Solar LLC the ILLEGAL access to RE-INSTALL solar panels on my roof.  Furthermore, there is nothing in the written Agreement that states the customer must grant Vivint Solar access to RE-INSTALL solar panels on his/her roof especially after “Seller Default” and breaches have occurred!   Consumer Default and Vivint’s Bullying TacticsWhenever Vivint Solar LLC does not get their way, they make every effort to point to areas of the Agreement that the customer has signed on to.  This is one of Vivint Solar’s bullying tactics.  Remember, Vivint Solar LLC also SIGNED the Agreement but REFUESE to own up to and fulfill its obligation!  Vivint Solar LLC not only removed the panels because I paid $5215.00 to have them removed, but Vivint removed them because they defaulted on the written Agreement!  If I were in default of the written agreement, Vivint would have NEVER removed all 39 panels, not even at my expense of $5215.00.  Vivint Solar LLC bullying tactic of sending its crew out to my property on July 10, 2017 UNANNOUNCED and without notice—not in writing, telephone, verbal or through any other means of communication—to remove their panels from my roof—all while I was at work is illegal and against the law!  The fact that Vivint Solar LLC intentionally did not communicate via any means—neither in writing or verbal—that its crew would come to my property on 10 July 2017 constitutes trespassing and illegal.  Even with the trespassing on 10 July 2017, Vivint Solar LLC did not completely remove all of their equipment by leaving their panel box and pole tacked onto my siding which made it very dangerous for the roofing company workers to do their job! NO BUSINESS UNDER THE SUN IS ALLOWED TO TRESPASS ON ANY PROPERTY—THAT INCLUDES VIVINT SOLAR LLC! This trespassing act carried out by Vivint Solar LLC violated my human, civil, constitutional, legal and consumer rights to be at home and sign a receipt or acknowledgement form that the Vivint Solar crew came to remove the solar panels!  Moreover, Vivint Solar’s crew were scheduled to remove the solar panels on Saturday, 8 July 2017—which ended up be a NO-SHOW performance; then rescheduled via telephone to come out on 9 July 2017—another NO-SHOW performance and NO COMMUNICATION.  Vivint Solar had ample time—well over 365 days—to remove, rectify and reinstall the 13 faulty and improperly placed panels on my roof at their “sole expense”!  The Money Con Game Played on the Customer (Me) by Vivint Solar LLCVivint Solar LLC used my money to remove the 13 panels they should have long removed at Vivint Solar’s expense in order to fix the problem.  In reality, Vivint owes me $1738.333 because 1/3 of the panels were never properly installed.  Vivint Solar chose not to own up to their responsibility nor fulfill their obligation outlined in the written Agreement that Vivint Solar also SIGNED. Vivint Solar LLC had way over 12 months to come out, correct and solve the problem for they acknowledged my written inquiry of the non-working panels since installation!  Vivint Solar just wanted to get paid before removing the panels and they could have cared less if the roof and non-working solar panels caved in on me after the storm damage! Vivint Solar seized the opportunity to remove the solar panels—including the 13 faulty panels which should have been at Vivint Solar’s expense—ONLY because they were paid $5215.00.  Vivint Solar LLC played a money con game by carrying out fraudulent activities to leach off and piggyback at my expense of removing the 13 panels along with the other 26 and acting as though it was legitimate!  Again, I paid to have all 39 panels removed when the cost should have been $3476.667 to have only 26 (2/3) removed.  Vivint never intended to come out and remove the 13 panels to correct/rectify at their expense!!!  Due to Vivint Solar LLC’s violation and breach of the written Agreement that Vivint Solar also SIGNED, as well as Vivint Solar’s fraudulent activities carried out against me, I have suffered direct, consequential, and punitive damages!  What kind of company would think they could continue to screw over unsuspecting homeowners and get away with it scot-free? The answer is Vivint Solar LLC! Where is Vivint Solar’s integrity, business ethics and morals? The answer is it is non-existent!No Right to Re-Install Solar Panels on My Roof! Twenty Years (20) is a Long Time for Vivint Solar LLC’s Shenanigans, Bully Tactics, and Hypocrisy!There is nothing in the written purchase Agreement that states Vivint Solar LLC has the right to “RE-INSTALL” solar panels that they removed AT MY EXPENSE especially after they committed material and anticipatory breaches and defaulted on the contractual agreement that they also signed!  I have the Human, Civil, Constitutional, Legal and Consumer rights to REFUSE and NEVER ALLOW Vivint Solar LLC access to my roof to RE-INSTALL solar panels and KNOWING that Vivint Solar LLC will purposely, intentionally, and woefully neglect to maintain proper functioning and operation of the system!  MY ROOF IS NOT A STORAGE FACILITY FOR VIVINT SOLAR PANELS!!! Twenty (20) years is a very long time to have non-working solar panels on my roof at my expense!  Therefore, Vivint Solar LLC is NOT AUTHORIZED to access my property and place any solar panels on my roof, and anything less will be illegal and trespassing!  I refuse to allow and will not tolerate being subject to Vivint Solar LLC’s SHENIGANS, BULLY TACTICS, and HYPOCRISY nor allow them to take me through the mental stress/distress again resulting from their innumerous criminal intent, same day/last minute cancelations, and no-show performances!!! Respectfully submitted, [redacted]

Vivint Solar has spoken with the customer and is working to provide a resolution. We have confirmed that the usage has increased in the customer's home which is why the customer's true up bills have been higher. An add on system was installed in early 2016 to provide the necessary production needs...

in the home. It was found in May of 2017 that the zip tie was still intact and the system was never turned on. This resulted in another high true up bill. Vivint Solar is working with the customer to address their true up and high rising billing concerns.Vivint Solar has also investigated the claims made that the customer was offered a $499 removal fee for both panels. It was explained that the customer would be responsible for the full price of the second system, but would only be required to pay the $499 for the first system removal. The customer is responsible for two removal fees as there were two systems installed on the property. Furthermore, Vivint Solar is working with the customer to address and resolve their removal concerns. Vivint Solar has offered to waive the $499 removal fee, however the customer will still be responsible for the second removal fee of $2340.

We have been in contact with the customer regarding their concern. We have communicated that as a company we have provided them with a standard free system to offset their usage by a minimum of 80%. The original design of 101% is not something we can provide as a company due to utility regulations...

that would not allow us to receive permission to operate the system. As a company we are following everything offered through our agreement with the customer and will continue to work with them to provide a satisfiable resolution.

Complaint: [redacted]
I am rejecting this response because I did NOT receive a call on Nov 18, nor a check to cover Mosiac solar loan payments, nor any communication on the reason the offset was changed by such a large percentage???? 
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because: Vinit Solar refused their customer reasonable request. "Because Vivint Solar changed the wiring to some breakers in the electrical panel box, they need to simply correctly relabeling these breakers." I am tired of continuing messaging back and forth here at Revdex.com. This message is my last message here. I will continue pursuing the issue until Vivint Solar come to correctly relabeling those breakers where Vivint Solar changed wiring or combined wires during their installation. I will contact State Consumer Protection Division and local consumer agencies of Massachusetts and file complaints with them. Furthermore, I will contact online rating/review websites and will post my experience with Vivint Solar. Although the contract was signed in July 2015 and the sales person said it would take 3 months to have solar power, I did not receive solar power until Apr of 2016. Moreover, there is still some unfinished work as of Aug 2016: they refused to correctly relabeling the breakers where Vivint Solar made changes in wiring.
Sincerely,
[redacted]

The production analysis was completed and it has been determined that their system is producing as designed, and not over or under producing. Vivint Solar reached out to the customer by phone to request additional information and the customer's emailed response lacked the necessary data to move forward. We have reached out to the customer by email requesting the needed material. We are currently waiting on that to be able to now perform a savings analysis to accurately see how their consumption is affecting their bills. Once we receive that data we will complete the analysis, reach out to the customer and be able to better come to a resolution.

The $4.00 per KW price is a reduced rate. The regular price to purchase the system is $7.00 per KW. We offer the reduced price if the home is being sold. The customer is requesting something that is not part of the terms of the agreement.

Complaint: [redacted]
I am rejecting this response because:
 Thank you.We are definitely NOT happy.  We have tried for over a year to get these solar panels fixed, via phone calls and emails to Vivint, and nothing has been resolved.  We have absolutely NO confidence that Vivint will ever resolve the issue.  We would like the panels removed, at no cost to us, and we are requesting arbitration.  We have already made three payments on a system that hasn't worked and we are tired of getting monthly billing notices for a system that STILL DOESN'T WORK.  On a side note, there are several consumers on the Vivint Facebook page that are complaining of the same problems.  This is ridiculous. Thank you. 
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because: I have submitted all copies of the utilities bills on...

09/22/2017. No where on my contract does it have anything indicating that the contract was in place to 20 years. The representative (Tom T[redacted]) that sold me the solar panels assured me that I could have the panels removed at anytime, if I was not 100% satisfied. I just want these panels removed.  
Sincerely,
[redacted]

The system has been fixed and is now up and producing as designed.  We have called out and left our customer a voicemail to discuss the situation further.

Complaint: [redacted]
I am rejecting this response because:
I did receive a phone call from Vivint Solar and they promised me that they would be at my home to correct the problem on Sept.28, 2017. I will not be happy until that happens.Sincerely,
[redacted]

Mr. [redacted] was made aware of damage to his roof after an install. After hearing his complaint Vivint Solar did perform an evaluation.  After the evaluation it was concluded that Vivint Solar was not at fault. Mr. [redacted] was not in the agreement with the assessment. As a reaction to Mr....

[redacted]'s dissatisfaction we offered, that if he would like to find an Independent 3rd party to do an evaluation he was welcome to submit their findings and Vivint Solar would take that under review. Mr. [redacted] insisted that he did not want to work with a contractor.  In being proactive, Vivint Solar contacted another contractor to do an evaluation for Mr. [redacted]. As a result of the damage being minor, Vivint Solar has offered to have the repairs done.  At this time the repairs have been completed for Mr. [redacted].

Vivint Solar has spoken with the customer and scheduled an appointment for 12/14/17 with an arrival window of 8-11am. We will continue to work with the customer until their concerns have been addressed.

Complaint: [redacted]
I am rejecting this response because:I am not sure what communications Mr. Scott D[redacted] is referring to, but our last response is the same as todays response. No one has answered my question as to whether or not I can be FORCED to subscribe to an "Auto-Pay" scenario through my bank or credit card company.As I have stated, I do not now nor do I intend to have any of my debts paid through such a p rogram.  Furthermore, I demand that I receive a proper Billing Statementin a timely fashion, so that I can pay my debts by personal check.  The Vivint Company is absolutely not responding to these basic requests. They continue to insist thatI subscribe to their "Auto-Pay" program before I can have access to a monthly billing statement. This seems absurd and possibly illegal to me. Is there anyone at the Revdex.comwho can advise me about my rights as a consumer?  As far as I am concerned, if they cannot bill me in a normal fashion, they (Vivint) can come and remove their equipment from my home. The sooner, the better.
Sincerely,

[redacted]

Vivint Solar has reached out to the customer regarding the complaint. Customer mentioned that they are now aware of the terms within the contract and know they signed a contract with Vivint Solar.

Vivint Solar has assigned a specialist to work with the customer and resolve the current system issue. We called, left a voicemail and emailed yesterday and have done the same today, with no response. We will continue to reach out to the customer, with weekly follow ups, until the system issue is...

resolved. We will attempt contact again, on or before, 11/28.