- When homeowners leased rather than purchased solar panel systems, the leasing company commonly registered a security interest to protect its ownership of the equipment.
- It's worth separating two related but distinct arrangements that sometimes get lumped together: A solar panel lease is a financing arrangement — you don't own the panels outright, and…
- Step 1: Locate Your Original Lease Agreement Find the leasing company, the account details, and the payout or buyout terms.
Solar panels installed under a lease agreement — often tied to Ontario's earlier microFIT and FIT renewable energy programs — can complicate a sale in a way that owned panels don't. If the panels (or the equipment financing behind them) are registered against you as a security interest, that registration doesn't just disappear when you list the home. It has to be actively addressed before your buyer can take clear title.
If you're planning to sell a home with a solar panel lease or a legacy microFIT-style contract, understanding how that registration works — and how it typically gets cleared — helps you avoid a scramble in the final days before closing.
Why a Solar Lease Shows Up in a Title Search
When homeowners leased rather than purchased solar panel systems, the leasing company commonly registered a security interest to protect its ownership of the equipment. Depending on how the arrangement was structured, that interest may appear as:
- A registration under the Personal Property Security Act (PPSA) against the equipment (since leased panels are often treated as personal property rather than a permanent part of the land), or
- In some cases, an instrument registered directly on the property's title
Either way, this registration is the kind of encumbrance that a buyer's lawyer will flag during due diligence: it can affect marketable title and generally needs to be paid out, discharged, or otherwise resolved before or at closing.
Solar Leases vs. microFIT Contracts: Not the Same Thing
It's worth separating two related but distinct arrangements that sometimes get lumped together:
A solar panel lease is a financing arrangement — you don't own the panels outright, and the leasing company holds a registered interest in them until the lease is paid off, bought out, or otherwise ended.
A microFIT or FIT contract is a separate agreement with Ontario's electricity system operator that pays a set rate for electricity the panels generate and feeds back into the grid. Whether an existing microFIT-style contract can be assigned to a buyer, has to be terminated, or continues to run with the property depends on the specific contract's terms — this isn't governed by a single uniform rule, and older contracts vary. If your home has one, review your original agreement rather than assuming how it works.
Steps to Clear a Solar Lease Before Selling
Step 1: Locate Your Original Lease Agreement
Find the leasing company, the account details, and the payout or buyout terms. This is the starting point for everything else.
Step 2: Request a Payout Statement
Ask the leasing company for the current amount required to buy out or terminate the lease. This figure varies by company, remaining term, and your specific contract — there's no standard number to expect.
Step 3: Decide: Buy Out, Transfer, or Remove
Depending on the lease terms, you may have a few options:
- Buy out the lease before closing, so you own the panels free and clear and can discharge the registration.
- Transfer the lease to the buyer, if the leasing company allows assignment and the buyer is willing to take it on — this usually requires the leasing company's consent and buyer qualification.
- Have the panels removed, if neither buyout nor transfer works for your timeline or the deal.
Step 4: Obtain and Register a Discharge
Once the lease is paid out or otherwise resolved, the leasing company needs to provide a formal discharge of its registered interest. Your real estate lawyer typically coordinates getting this registered so it's off title (or off the applicable registry) by closing.
Step 5: Build the Timeline Into Your Closing
Payout and discharge paperwork from a leasing company can take real time to process. Sellers who leave this until the week of closing risk a delay — start well before you expect an accepted offer if you can.
What Happens If It's Not Resolved by Closing
If a solar lease registration isn't cleared by the closing date, it can hold up the transaction in a few ways:
- The buyer's lawyer may refuse to close until it's addressed, since it affects the buyer's ability to take clear title
- Funds from the sale may need to be held back (an escrow-style arrangement between the lawyers) specifically to pay out the lease immediately after closing
- In some cases, the closing date itself may need to be extended
None of these outcomes are unusual to manage — but they're avoidable with earlier planning.
A Quick Comparison: Owned vs. Leased Solar Panels When Selling
| Owned solar panels | Leased solar panels | |
|---|---|---|
| Registered interest on title/PPSA | Generally none | Typically yes, until discharged |
| Buyer's lawyer will require | Standard due diligence | Discharge or assumption of the lease |
| Seller's main task | Disclose system age/condition | Resolve the lease before or at closing |
| Can complicate financing? | Unlikely | Possible if unresolved |
Frequently asked questions
Can I just leave the solar lease in place and let the buyer take it over?
Only if the leasing company allows the lease to be assigned and the buyer agrees to and qualifies for taking it on. This isn't automatic — check your lease's assignment terms and involve the leasing company directly.
What if I don't know whether my panels are leased or owned?
Check your original installation paperwork, or contact the installer or program administrator you originally signed with. Confirming this early avoids surprises once your title search comes back.
Does a microFIT contract automatically transfer with the sale of the house?
Not automatically — it depends on the specific contract's terms regarding assignment. Some may permit a transfer to the new owner; others may not. Review your agreement rather than assuming either outcome.
Who pays to discharge a solar lease before closing?
This is typically a point of negotiation between buyer and seller, often addressed directly in the Agreement of Purchase and Sale. There's no fixed rule — it depends on what the parties agree to.
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