LAS VEGAS (KTNV) — A 79-year-old homeowner in North Las Vegas says she is now questioning one of the biggest purchases of her life after learning the solar system she believed she owned is actually leased.
Consumer reporter Shakeria Hawkins spoke with homeowner Shirley Mulvihill, who says the paperwork she signed when purchasing her home showed the solar panels were owned, but other documents told a different story.
Conflicting paperwork raises concerns
Mulvihill says when she purchased the home in June 2022 from real estate company Opendoor, the Seller’s Real Property Disclosure Form listed the solar panels as owned, in multiple places.
However, she also signed a lease transfer agreement days later, transferring a solar lease tied to the system.
“When I purchased the home, I was told, and all of the documents showed, the solar on the house was owned,” Mulvihill said. For nearly four years, she says she believed she owned the panels.
“It’s not owned, it’s leased.”The system is leased through Tesla, Inc. under a 20-year contract, with about 10 years remaining.
Mulvihill says she relied on the disclosure form signed June 4, 2022, which listed the panels as owned. The lease transfer agreement was signed nearly two weeks later, on June 16.
“If they had properly disclosed it... I would not have purchased the house,” she said.
Company response
Mulvihill says she contacted Opendoor about a year ago after discovering the discrepancy, hoping the company would correct what she believes was a mistake.
In a statement, the company said:
“There is zero chance she did not know this was leased. We explained it to her. She signed the paperwork with a big Tesla logo on top of it and the word ‘lease’ in it.”
Legal perspective
]To understand which document carries more legal weight, both were reviewed by Las Vegas attorney Bruce Flammey.
“I would say the selling side is at fault,” Flammey said. He says disclosure forms are specifically designed to inform and protect buyers and often carry significant legal weight when documents conflict.
“Yes, she definitely has a claim.” However, he says multiple parties may share responsibility.
“Either the entity that filled out the form or if they had an agent, that person has exposure here. Additionally, the buyer’s agent has some explaining to do because the buyer’s agent didn’t catch it.”
Mulvihill has documentation showing the 20-year solar lease was prepaid in full by Shea Builders, the company that originally built the home. That means she does not owe ongoing lease payments.
Still, she believes the home may have been valued differently because the solar system was represented as owned, and she says she could be out tens of thousands of dollars. She has since hired an attorney.
“I wish I had never purchased a house with that company. People need to know, especially seniors, we can’t afford to lose that kind of money,” she said.
Experts say buyers should carefully review all closing documents and confirm:
- Who owns the solar system
- Who services the system
- Whether payments or lease terms transfer to the new homeowner