Tech & Science Solar panels: what sanction for a lender having paid the funds too early?
What you need to know about converting your home to solar
What you need to know about converting your home to solarLook no further—start here
Your legal questions handled by Capital with the help of our expert lawyers.
The case: Mr. P. learns that his bank has already released the funds owed to the solar panel installer, while the work on his house is not completed. Will he be able to turn against her?
The lawyer's response: Everything will depend on the performance of the solar installation, even if in principle, for this type of affected credit, the lender must verify that the work has been correctly carried out before paying the funds, at the risk if not of losing, by this fault, any right to reimbursement. It happens in fact the judges to make exceptions, as in this case submitted to the Court of Cassation, where defaulting borrowers sought to cancel their loan of 41,300 euros, subscribed at the rate of 4.88%, to finance photovoltaic panels, on the grounds that the establishment had paid the funds three weeks before the connection to the electricity network (1st civil chamber, judgment n ° 18-24.444 of February 5, 2020).
Salisbury Cathedral installs solar panels in carbon-neutral drive
Bishop of Salisbury Nicholas Holtam climbed on to the roof of the south cloister to see the 93 new solar panels.The Rt Rev Nicholas Holtam, Bishop of Salisbury, went on to the 35ft (10m) high roof of the south cloister to see the 93 panels.
For the judges, this failure could not in itself justify the loss of the right to reimbursement, because the work had indeed been completed, in accordance with the order form. Faced with limited damage, the compensation that these borrowers were entitled to expect was therefore "limited to the forfeiture of contractual interest and the removal of the termination indemnity". Or, in the case of the contract subscribed, a penalty of 8% of the outstanding capital.
Likewise, it is only if his installation fails that Mr. P. can, at best, have his debt canceled.
By Barthélemy Lemiale, lawyer at the Court, partner of the firm Valmy.
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