13-52-206. Good faith estimate -- Obligation to repair.
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Effective 5/7/2025
13-52-206. Good faith estimate -- Obligation to repair.
(1)A solar retailer that does not have, at the time of providing a disclosure statement required by Subsection 13-52-201(1) , information required under Section 13-52-202 , 13-52-203 , 13-52-204 , or 13-52-205 to be included in the disclosure statement may make a good faith estimate of that information to the customer, if the solar retailer clearly indicates that the information is an estimate and provides the basis for the estimate.
(2)For 18 months after the day on which a residential solar energy system begins producing usable power, a customer may notify the solar retailer that the residential solar energy system is producing less than 80% of the solar retailer's good faith estimate of energy production.
(a)A solar retailer that receives a notification described in Subsection
(2)shall repair or improve a residential solar energy system's performance so that the residential solar energy system produces 90% or more of the original estimated energy production.
(b)A solar retailer shall make the repairs or improvements described in Subsection (3)(a) within six months after the day on which the solar retailer receives notification from a customer.
(a)A customer that notifies the solar retailer in accordance with Subsection
(2)may pursue any other available remedies or rights authorized under the laws of this state.
(b)A solar retailer may offer warranty terms that exceed the protection offered by this section.
Amended by Chapter 181 , 2025 General Session