[sthu11182]

regarding the legal action: based on my recollection from real estate class in law school, failing to provide a free and clear title on a general warranty deed is a pretty straight forward victory. if i remember anything from that class, always get a general warranty deed (ie a deed with all the covenants) when buying a house.

[toomuchtodo]

Your class was correct (I just had to go through this very scenario this week, albeit not for solar, with a local title company transferring some property).

Never take action that is going to jeopardize free and clear title on your real estate.

[zaroth]

I’ve never seen anything but a quitclaim deed offered at closing. The P&S stipulate the deed is clear, but the buyer runs the title search. If you find something (like TPO panels) attached, there’s a “make right” clause which usually has a maximum amount paid of 1% after which the seller can walk away.

If you want protection for anything after the sale, you buy owners title insurance.