If a solar company puts a lien on your house, it’s important to understand your rights. Many homeowners turn to solar power, expecting long-term energy savings and an increase in property value. However, disputes with solar panel companies over installation fees can lead to unexpected legal trouble, especially when the company files a mechanic’s lien on your home for alleged non-payment.
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What Is a Mechanic’s Lien?
A mechanic’s lien is a legal claim against real estate filed by contractors, subcontractors, or material suppliers who claim they were not paid for work done on the property.
In the context of solar installations, a company may file a lien if:
- You withhold final payment due to incomplete or defective work
- You dispute the cost or terms of the agreement
- You missed payments under a solar financing plan
The lien acts as a public notice that the contractor has a financial interest in your property, and it can eventually lead to foreclosure if not resolved.
Are Solar Panel Companies Allowed to File Liens in Oklahoma?
Under Oklahoma Law, licensed contractors and material suppliers—including solar companies—can file a lien if they have provided labor or materials and have not been paid.
However, to file a valid lien, the company must:
- Comply with strict notice and timing requirements
- Provide a Pre-Lien Notice (for residential work) within 75 days of last supplying labor or materials
- File a lien statement with the county clerk within 120 days after the last work
- Include a legal description of the property and the amount claimed
Failure to meet these requirements can invalidate the lien.
What to Do If a Lien Is Filed Against Your Home
If a lien has already been filed, don’t panic—but act quickly. You have several legal options, such as:
a. Request Documentation
Ask the solar company to provide:
- A copy of the signed contract
- Itemized billing statements
- Proof of the Pre-Lien Notice
Compare this information to your own records, and if there’s a dispute over the amount or quality of work, then you may have grounds to challenge the lien.
b. File a Lien Release Demand
If you’ve paid in full or the lien is otherwise improper, your attorney can send a demand for lien release under Oklahoma law. The lienholder must then release the lien or face potential damages and legal penalties.
c. Challenge the Lien in Court
You can file a petition to remove (or “quiet”) the lien in district court. Grounds for removal include:
- Lack of proper notice
- Fraud or misrepresentation
- Payment in full or substantial completion of the contract
The burden is on the solar company to prove that the lien is valid.
d. Post a Bond to Release the Lien
Oklahoma law allows you to file a lien release bond, which removes the lien from your property records while you resolve the dispute. This is helpful if you need to refinance or sell your home before litigation concludes.
4. Preventing Future Lien Problems with Solar Companies
To protect yourself when installing solar panels:
- Review all contracts carefully before signing and avoid vague pricing or performance promises
- Don’t make full payment upfront—hold back final payment until all work is verified to help prevent disputes
- Request lien waivers from contractors and subcontractors after each payment
- Keep detailed records of all communication and payments
Tulsa Contractor Dispute Attorneys
A lien on your home can create serious problems, but it doesn’t have to go unchallenged. Whether you’re disputing fees, defective work, or false promises, timely legal action can protect your property and your rights. Don’t hesitate to contact Kania Law Office and speak with one of our Tulsa construction lawyers at (918) 743-2233 or online to ask a free legal question.
Tulsa's Local Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
Call us today for a free consultation 918-743-2233 or contact us online.