ComplaintsforBear Solar Inc.

• Initial Complaint

  03/22/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  We bought a solar system for our property from Bear Solar sales rep *************************** (**) on 11/30/22. DC facilitated our securing a loan for $135,000 from Mosaic to be disbursed to Bear Solar. The loan was to cover $62,500 for roof work (our responsibility) and $72,500 for the materials and installation of the solar system. We signed a reimbursement agreement with ** (aka 9/1 Homes LLC) which stated that he would reimburse us for $62,500 within 72 hours of the loan funding. The loan was funded on 3/14/23.Over the next 8 months, ** repeatedly assured us he was in the process of reimbursing the money while intermittently disappearing for weeks or months at a time. He asked us for bank wiring information which we provided to him promptly multiple times. When he would resurface, he would always claim to be in the process of getting us the money.On 10/30/23, we gave him our bank info again. On 11/1/23, he said accounting and legal were looking into the mess and that we would be paid shortly. He also said he would get our system turned on in the next couple of days.On 11/1/23, we spoke with *******************, CEO of Bear Solar. He confirmed that ** worked for him and that Bear Solar had been paid from our loan disbursement. He said he spoke with ** and confirmed ** would be mailing us a cashiers check for the entire owed amount by the end of the week.On 11/2/23, we spoke to Bear Solar installer *********************** who confirmed that the system had not been turned on because he had not been paid by DC.As of today, we have not been reimbursed the $62,500 and the $72,500 solar system has not been turned on. Further losses:A) $15,000-20,000 on unnecessary roofing work ** caused us to spend;B) $12,836.07 for 13 months of Mosaic loan interest payments;C) $27,000 in electricity and potential NEM earnings. We signed the contract with Bear Solar on 11/30/22. We were told the system would be completed, installed and turned by the end of January 2023. ****** KW solar system.

  

  Business response

  04/01/2024

  Dear ************* ********,

  Please be advised that 9/1 Homes LLC is not int anyway affiliated with Bear Solar Inc. That is is a completely separate entity with its own owner and business place. Any agreement that you entered with 9/1 Homes LLC was out of your free will and Bear Solar Inc. was not part of any such agreement, we did not have any prior or after information on this agreement or agreement that you did with 9/1 Homes LLC. Neither yourself nor 9/1 Homes LLC informed us of any such arrangement. We are not a part to that agreement. 

  Only learning this through my technician about this issue that you mentioned to him, I called you and got details about that, in that conversation I mentioned that I will reach out to ***************************, owner of 9/1 Homes LLC. which I did on your behalf and he mentioned that he will be sending out the money. I am not aware on any outcome after that. I have tried to contact with him multiple times and there was no response. Even after this complaint that you did, i tried reaching out multiple times and no response.

  On the Solar System, I have already instructed to my team to schedule and check what teh issue is and get teh system up and running ASAP. To my knowledge ****** reached out to you and have been advised that you will be out of town until After April 8. As soon as you are back, he will come by and get sorted out.

  I regret the issue at hand for your payment from 9/1 Homes LLC and I can assure I am ready to help in any way I can, I have discussed the matter with my Attorney and waiting on his response, shoe we need to file a civil suit against him. 

   

   

   

  Customer response

  04/09/2024

  I am rejecting this response because:

   

  The first contract we signed in this entire process was the Solar Agreement signed with BEAR SOLAR (owner *******************) on November 30, 2022. This contract was delivered to us via ******** by ***************************.  In fact, on page 4 of this contract, ***************************** name is printed in the Agreement Prepared By: line, followed by his phone number.  Right above this is where ******************* as BEAR SOLAR, **** signed.  *************************** prepared the contract we signed with BEAR SOLAR, that was also signed by **** ************************************; represented to us that he was an employee of BEAR SOLAR, and was our primary point of contact with BEAR SOLAR.  
  We had every good faith reason to believe that *************************** was a BEAR SOLAR employee, and that his actions were being overseen by BEAR SOLAR, and that, as BEAR SOLARS employee and agent (in a legal) sense, anything that *************************** did, instructed us to do, or told us was true, was legally indistinguishable from ******************* and BEAR SOLAR doing those things himself/themselves.  
  Given how events unfolded we had every right to believe that everything ***** said and did was at BEAR SOLARS instruction and common practice for BEAR SOLAR.  ***** was BEAR SOLARS employee and therefore, BEAR SOLAR is responsible for and liable for any fraud committed or damage sustained by ***************************** actions.  The fact that ***************************, PREPARED THE BEAR SOLAR CONTRACT WE SIGNED BEFORE WE SIGNED ANYTHING ELSE - would and should banish any doubt that *************************** operated under BEAR SOLARS oversight, responsibility and liability. 
  It is absurd to suggest that ******************* would sign a binding sales contract for six-plus-figures worth of work, that had been prepared by some rogue agent, who ******************* and BEAR SOLAR didnt know personally, and over whose work and actions ******************* and BEAR SOLAR had no oversight, knowledge or responsibility.  
  *************************** arranged for our Home Solar Loan with Mosaic.  We signed the loan docs on November 30, 2022.  To our knowledge, BEAR SOLAR was paid on the day of the first loan disbursement ($74,250 was dispersed on 12/06/22 and $60,750 was disbursed on 03/14/23).  
  On December 8, 2022, we signed the reimbursement agreement with ***************************, aka 9/1 Homes.  We had no reason to suspect that 9/1 Homes was not BEAR SOLAR, a BEAR solar subsidiary, a BEAR SOLAR contractor/agent or other entity that BEAR SOLAR used for reimbursement contracts like this.  After all, a company called MOSAIC had funded our loan, NOT BEAR SOLAR.  Why wouldnt a different company handle reimbursement?  Operating in good faith, we have a right to trust the people we have paid to do the work; especially people like BEAR SOLAR who are licensed ********** contractors.  It is not our responsibility to be suspicious that we might be defrauded.  To our knowledge *************************** was an employee of BEAR SOLAR and he assured us all along that everything we did at his instruction was "industry standard"and standard procedure for BEAR SOLAR,  and undertaken with BEAR SOLAR'S full knowledge. 
  
  In their response, BEAR SOLAR says 9/1 Homes is not an "affiliated entity" of Bear Solar.  However, it is our confirmed belief that an employer is responsible for the actions of its employees/affiliates/independent contractors.  In other words, *************************** represented himself as an employee of Bear Solar, we had no reason to believe then, and we have no reason to believe now, that he was not, or is not currently, an employee of BEAR SOLAR.   BEAR SOLAR allowed *************************** to represent himself as an employee of.  BEAR SOLAR admits they have already been paid from money disbursed from the loan *************************** arranged for us on behalf of BEAR SOLAR.  Therefore, whatever *************************** requests or directs to his BEAR SOLAR clients is the responsibility of BEAR SOLAR.
  
  Furthermore, in BEAR SOLARS most recent response, they state that their team has reached out to us to finally complete the solar installation project.  BEAR SOLAR was paid in full within days of the loan being disbursed.  Sadly, The fact that BEAR SOLAR'S employee *************************** defrauded us and stole our money actually has zero bearing on BEAR SOLAR'S ability to complete our Solar System and turn it on.  Completion of contracted work could have happened ANY POINT over many, many months.  BEAR SOLAR was paid in full in March, 2023 at the latest, so, having BEAR SOLARS installation team finally agree to complete the job more than a YEAR after BEAR SOLAR was paid, and for BEAR SOLAR to ONLY reach out  AFTER we filed a  BBB complaint is absurd.  Furthermore BEAR SOLARS suggestion that completing the job they were contracted and paid to complete, should resolve our complaint, particular when the offer to complete the work came more than a year after the were paid in full, and more than a year after our signed Solar Agreement stated the job would be completed, is frankly preposterous.  They have literally said, paraphrasing, 
  Sorry our employee defrauded out, we didnt know about that, but will you feel okay about the $62,500 dollars we enabled our employee to steal from you, and the more than $60,000 dollars that theft has subsequently cost you to date, if we FINALLY COMPLETE THE WORK you paid us for 16+ months ago, that we were contractually obligated to have already completed more than a year ago.  What were saying is, If you finally receive the product you paid for over a year ago, more than a year after you were supposed to receive it, are you willing to just forget the money that our employee stole from you? 
  Setting aside our money being stolen, the simple fact that BEAR SOLAR DID NOT COMPLETE THE *** FOR OVER A YEAR AFTER THEY WERE PAID and ONLY OFFERED TO COMPLETE *** AS A REMEDY FOR THEIR COMPLICITNESS IN FRAUD demonstrates BEAR SOLARS negligence and dishonesty and willingness to take money without delivering the services promised.  That is the profile of a company that would employ someone like ***************************.
  Offering to help us with legal action against ***************************, while seemingly conciliatory, only confuses the issue.   Our relationship is with BEAR SOLAR.  To the extent we have any relationship with ***************************, it is only in his capacity as an employee of BEAR SOLAR, and any actions that we undertook at ******************************* behest were undertaken with the full belief that BEAR SOLAR was aware of those actions, and that this was how BEAR SOLAR instructed ***** to proceed.   We had already signed the contract with BEAR SOLAR and *******************.    All kinds of companies use all kinds of subsidiaries, contractors and vendors.  Once we had signed a contract with BEAR SOLAR and their employee instructed us to sign the reimbursement contract as part of the "standard process", it is not our responsibility to independently determine 9/1 Homes affiliation with BEAR SOLAR.  The moral responsibility lies with *************************** not to defraud us, in the first place, but the LEGAL responsibility lies with BEAR SOLAR NOT to HIRE dishonest employees who defraud their customers. it is BEAR SOLARS legal responsibility NOT to FAIL to oversee the actions of their employees, and additionally NOT to FAIL TO COMPLETE THE WORK THAT THEY WERE PAID FOR, MORE THAN A YEAR AFTER THEY WERE PAID FOR IT...Furthermore,  whether ***** was an employee or an independent contractor - working with customers to secure financing for solar systems is one of the core responsibilities of a Solar Salesman, and one of ******************************* core responsibilities as part of his employment with BEAR SOLAR.  BEAR SOLAR is  100% responsible for any actions, fraudulent or otherwise, undertaken by *************************** while performing his duties as an employee or as an independent contractor for BEAR SOLAR.  Again, we are not suggesting that *************************** IS an independent contractor.  All we have ever known and continue to know is that *************************** is an employee of BEAR SOLAR - we are simply making the point that even IF he were an independent contractor, BEAR SOLAR is still liable for his actions. 
  We believe that the best course of action for BEAR SOLAR, ethically, morally and legally is to make complete the work they were paid for, make us whole for the harm done by their employee's fraudulent behavior, and then, should BEAR SOLAR desire to do so, continue to pursue their own legal remedies against Mr. *********************************** liability and fiduciary duty on the part of BEAR SOLAR is really pretty simple:  The first contract we signed in this entire process was the Solar Agreement which was signed with BEAR SOLAR owner ******************* on November 30th, 2022.  This contract was delivered to us via ******** by BEAR SOLAR employee ***************************.  Once we had signed the contract with BEAR SOLAR - not with their employee *************************** - we had every right to believe that all the actions we undertook at ******************************* instruction were, as they were represented us, standard actions that BEAR SOLAR does "all the time," and that BEAR SOLAR is fully aware of.   
  Suggesting that 9/1 Homes is an "unrelated entity," and that BEAR SOLAR has no knowledge of them, or liability for their actions, fails to recognize a very simple truth.  We had already signed a contract with BEAR SOLAR.  A BEAR SOLAR employee (***************************) instructed us to sign the Reimbursement agreement as a "standard" practice undertaken as part of his typical duties as an employee of BEAR SOLAR. 
  To suggest that we had a responsibility to independently verify BEAR SOLAR'S legal relationship with 9/1 homes, but that BEAR SOLAR doesn't have a responsibility to ensure they don't hire fraudulent representatives, or that they don't have a responsibility when their employee commits fraud, simply because they were unaware of it, holds no water at all.  The law is very clear that ignorance and/or negligence is no defense against liability or guilt.
  When an employee commits a crime while doing their job, the employer is liable.   This is a blunt metaphor, but if a bus driver is driving drunk and causes an accident, the bus company is liable.  If the bus company asserts, "Well, we didn't KNOW the bus driver was drunk," that negligence does not absolve the bus company of responsibility.  When the passenger buys a bus ticket, he enters into a contract with the ************ not the driver, and in return for money paid, the passenger expects to be transported somewhere safely.  *************** has a responsibility to get the passenger somewhere safely.  The passenger also has a right to assume without verification that the BUS DRIVER IS AN EMPLOYEE OF THE BUS COMPANY and that the BUS DRIVER ISN'T DRUNK WHILE DRIVING.  "Not knowing" their employee is drunk is negligence and has no bearing  or mitigating effect whatsoever on the Bus Company's responsibility or liability . 
  When we entered into a contract with BEAR SOLAR, and paid BEAR SOLAR we paid for a solar system to be installed (which STILL HASNT HAPPENED DESPITE BEAR SOLAR BEING PAID IN FULL OVER A YEAR AGO).  By paying, we also are owed certain rights and deliverables.  Just as the bus passenger is not responsible to independently breathalyze the bus driver, (because it's the bus company's responsibility to not employ drunks...) it was in no way our responsibility to independently determine that the representative BEAR SOLAR had furnished us with, was not going to defraud us.  BEAR SOLAR has a responsibility not to enable fraud through negligence.  We do not have a responsibility to proactively prevent fraud against ourselves - the idea that a client is required to proactively predict fraud and preemptively take the necessary steps to prevent possible fraud is directly contradictory to the principle of good faith, without which no business could be done. 
  Since BEAR SOLAR was the explicit reason why we trusted ***************************, it is not outside the realm of possibility that *******************, BEAR SOLAR, *********************** or other persons unknown, but affiliated with BEAR SOLAR, may have benefited directly from ******************************* fraud.
  Also, it is crucial to note that nowhere in BEAR SOLARs response to they deny, any of the facts of what happened as we have presented them in our complaint.  All they assert is that  BEAR SOLAR had no knowledge that BEAR SOLARS employee was defrauding a customer and all-the-while that employee was assuring the customer that the fraud was standard industry procedure, and how BEAR SOLAR does things.  Again, and we cannot stress this enough, ignorance of fraud is not a defense against liability, at a minimum it is NEGLIGENCE, which creates liability all its own - especially for a licensed contractor in the *******************.  IN FACT, BEAR SOLAR MAY OR MAY NOT BE AWARE THAT NEGLIGENCE IS THE ONLY THING THAT ONE CANNOT CONTRACTUALLY BE INDEMNIFIED AGAINST.
  A simple example: When you ride a ski lift at a ski resort, and your lift ticket says that you assume all risk and agree to indemnify the resort, THAT INDEMNITY DOES NOT COVER negligence.  If the ski lift breaks, and it is shown that it broke because the resort was somehow negligent, (e.g. failing to supervise operating employees) all of the legal indemnity on the lift ticket becomes meaningless and does not protect the resort at all.   
  BEAR SOLAR has already admitted that our timeline of facts was true and correct.   They have also already admitted that they did not complete the work they had been paid for.  Their only defense against being co-conspirators to gross financial fraud, is the claim that they had no knowledge of that fraud, or  of the separate contract *************************** convinced us to sign by telling us it was standard procedure for BEAR SOLAR.  We knew nothing about the solar industry, we had every right to trust that everything *************************** told us was true, but the real reason we trusted *****, the reason we had a legal right to trust *****, is because of the contract we signed with licensed ********** contractor BEAR SOLAR - a contract that was signed by *******************, but prepared and delivered to us for legal execution by ******************* and BEAR SOLARs employee, ***************************. 
  We repeat that the legal, moral and ethical course of action for BEAR SOLAR is to make us whole (according to the remedies proposed in the complaint) for the actions, harm and damage done by their employee's fraudulent behavior.  If BEAR SOLAR wishes to pursue their own remedies against *************************** for the harm and damage his fraud has done, that is BEAR SOLARs business, and not ours.  Again, BEAR SOLAR has not disputed ANY OF THE ***** of what happened in our COMPLAINT.  Put simply, their employee defrauded us.  They do not dispute that.  They only say that, "they didn't know their employee defrauded us,"  Since ignorance is not a defense against malfeasance and negligence is not a defense against liability and BEAR SOLAR has admitted their employee committed fraud, and that BEAR SOLAR through their ignorance, was negligent, BEAR SOLAR must make us whole and then pursue action against their employee on their own time and at their own expense. 
  
  

  

  Business response

  04/17/2024

  ********************,

  With respect, please be advised as follows:

  1. ***** is not any employee for Bear Solar, never was and never will, I have attached Sales Agreement that we had with 9/1 Homes LLC that clearly state so, there is absolutely no ambiguity whatsoever that he was or is our employee. The relationship was purely as a sales organization. We do not control any company operations/intent or actions. What ever 9/1 Homes did or you entered in an agreement with him was purely of your free will, no one from Bear Solar in any way or form pushed you to do so.

  2. The agreement you signed with 9/1 Homes LLC, as mentioned by you that it was through "********", please note anyone can create a free account with ******** or any of the similar electronic agreements signing companies like DocuSign, DropBox Sign etc. We do not own any of those companies and do not control who signs up with them or send documents for signature.

  3. You entered into the agreement with 9/1 Homes LLC on the Reimbursement Agreement without informing Bear Solar or the ****************** that in itself is a violation of both the solar agreement and the loan agreement with Mosaic. The intended purpose of the funds can only be for the purpose the agreement was signed for and you by choice and intent, knowingly kept both Bear Solar and Mosaic in the dark while assuming that you will get that cash back for some other purpose. This amounts to Fraud in itself.

  4. Based of the project and funding from Mosaic, all monies were sent to 9/1 Homes LLC/***** on the following Dates. There was no room for attachments so I couldn't upload the direct deposit receipts. Not until over six (6) months were  passed and you did not receive the money from ***** that I came to know about this situation through my installer. I was copied to an email send to ***** on 10/25/2023 were you were asking for the funds from him. 

  a. 12/02/2022 - $14,101.24

  b. 02/13/2023 - $4,000.00

  c. 03/10/2023 - $5,000.00

  d. 04/03/2023 - $46,404.96

  e. 08/09/2023 - $1,000.00

  5. Our scope of delivery was to supply and install and solar system as per the solar contract and the same was delivered, there can and might be technical issues with the system and we are here always to provide necessary support to make sure the system is operating normally, if there are any faulty parts that need replacement/repair the same shall be provided by claiming warranty for those parts with the manufacturer. We are still obligated to do so hence my installer have contacted you numerous times but you have not, either confirmed or advised him to come by. We are stand-by and await your confirmation.

  6. Upon being informed of the situation and discussing this issue with you over the phone, I did reach out to ***** and what he told me was communicated to you. Bear Solar was not party to this Fraudulent agreement neither it is or will be. That agreement you did with ***** was and is clear violation of the solar agreement with Bear Solar as well as a violation of the terms of your loan agreement with Mosaic. You with intent of using those funds for some other purpose agreed with 9/1 Homes LLC on cash back arrangement, keeping both Bear Solar and Mosaic in the dark, had you informed Bear Solar or Mosaic about your intentions, we may have not entered into such agreement and neither ****** would have funded the project.

  7. I have included ***** W9 and banking information for your refence as well as the sales agreement, project payout information and his banking information.

   

  Customer response

  04/22/2024

  I am rejecting this response because:

  
  The assertion that WE committed FRAUD is without any merit whatsoever.  As stated in our original complaint, necessary roof work was required in order to install the solar panels.  This is a standard part of the process and covered by the loan.  The purpose of the reimbursement agreement (since funds could only be disbursed to *******/********) was to provide the funding for the roof work we needed to complete so that the panels could be installed.
  
  Although, we, in good faith, at all times believed ******** to be an employee of Bear Solar, even if he was not, Bear Solar's assertion that they are not liable because ******** was not their employee is also without merit.  According to the contract Bear Solar and ******* signed, that Bear Solar just provided, ******** was their agent.   Here's what the law has to say about it:
  
  "It is the general rule that a principal may be held liable for the tortious acts of the agent if such acts are done within the scope of employment, although the principal may not know or approve of them.See ************** ************************* Local **************** 461, 469, 383 P.2d 504 (1963). Whether acts are committed within the scope of employment is ordinarily a question for the jury. Gilliam v. Dep't of Social & Health Servs., 89 Wn.App. 569, 585, 950 P.2d 20 (1998) (citing *** 50.02)."
  
  Additionally, the principal (Bear Solar) has a duty to perform due diligence for any agent they employ and can be held liable if proper due diligence is not performed.

  Bear Solar has provided documentation showing that Bear Solar had come to a "Project Payout Agreement" with ******** on September 16th, 2022, and Bear Solar signed a ************ agreement with ******** on November 29, 2022.
  
  According to the ****** Secretary of State Business Registry site, ******** LLC was not even registered as an entity until 11/02/2022. (******************************************************************) In other words, ******** LLC did not even exist at the time of Bear Solar's payout agreement with ********, and ******** had only existed for a few short weeks before the ************ agreement between Bear Solar and ******** was signed.In light of this, it was literally impossible for Bear Solar to have performed the legally necessary due diligence before employing ******** as its agent.
  
  Additionally, the Payout Agreement Bear Solar made in September 2022 with ******** (an entity, that, at the time, did not even exist) shows a total commission of $70,500.26 on a total project cost of $135,000.  Such exorbitant commission (over 52% of total project cost) strongly suggests that Bear Solar was aware of, party to, and likely benefitted directly from, any and all fraud committed.  

  
  

• Initial Complaint

  08/17/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Bear installed system about January 2023. ***************** did not submit PTO request to PGE until April. PGE advised June 10 the system was activated June 8 when I called for status update. **** from Bear called in July to come to commission the system. He never followed through. I have left numerous messages for ****. **** and ********** office. No response ever from Bear. Want system install completed and commissioned. Very poor customer service.

  

  Business response

  08/28/2023

  Hello ****,

  Please be advised that we are working on this issue and apologize for any inconvenience. I was just advised by my team that your commissioning/monitoring is scheduled for tomorrow. 08/29/23

  A tech will be out there tomorrow, a message shall be sent in a text trail to you shortly and a time window will be provided. For your inconvenience, I have instructed my team to send mail you a $100 Gift Card.

  Kind Regards
  

  ********************
  

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩