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Tech & Science Solar panels: what sanction for a lender having paid the funds too early?

18:50  05 august  2020
18:50  05 august  2020 Source:   pressfrom.com

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Panneaux solaires : quelle sanction pour un prêteur ayant versé trop tôt les fonds ? © Pixabay Solar panels: what penalty for a lender who has paid the funds too early? 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).

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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.

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By Barthélemy Lemiale, lawyer at the Court, partner of the firm Valmy.

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