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purchase arrangements, says the agreements are generally straightforward and usually directly with the homeowner. ���The new owner of the house can become the assignee prior to the commercial operation. Once there���s commercial operation, there���s no restrictions��� in a home rooftop arrangement. ���You can assign it, you just have to give us notice.��� In the larger FIT contracts, the property owner wishing to sell must provide notice and a legal plan may be required as well as an engineering certificate. Whether the solar panels are designed to pump energy into the grid or into the home for household use, the key for the seller is transparency, says lawyer Eric Gillespie, who has been heavily involved in challenging wind farm proposals. ���We���re still very much in the early days of renewable energy production, including solar,��� he says. ���Like many aspects of real estate property transactions, if you���re a seller, you���re going to want to provide full disclosure to avoid problems down the road.��� In his experience in wind energy claims, Gillespie warns a purchaser should be aware of the possibility of legal claims by neighbours that could be tied to the impact of an energy project. A real estate purchase includes the land, buildings, energy installations, and possibly any related lawsuits. For Valecon, its legal relationships with all involved were just as important as designing the appropriate rooftop system. The first question was whether the company had clear access to the roof. In reviewing the contracts, it found no tenants were given access to the roof space. Just the same, they had all the tenants sign off on the landlord���s access to the roof. And although the solar systems were designed to allow ready access to the roofs, the company decided it was worthwhile to upgrade the roofs in hopes of avoiding repairs for the duration of the 20 years. That���s proving advantageous to the tenants who could have had to incur the costs of roof repair themselves were it not for the rooftop lease arrangement. The other advantage to the tenants is increased lighting and security added to protect the rooftop investment. The company is now looking to use the expertise it has acquired in the process and expand upon its solar business. That���s where James Klein of Stikeman Elliott LLP sees the growth of solar in areas that adopt feed-in tariff programs. ���We���ve seen a big pick-up in merger and acquisition activity in both large-scale solar farms and smaller roof-top portfolios in the last two years,��� says Klein. ���They will fall in the hands of less and less players. It���s been a great source of work and we expect more as the industry consolidates.��� Eventually, as the developments get completed, he believes the larger players like infrastructure funds and pension plans will scoop up the assets. Those types of deals introduce further complications, especially where they involve assigning a FIT contract prior to commercial operation. Klein concludes that will require an increased need for legal expertise in energy, tax, real estate, and general corporate law. Turn To The experTs To resolve your rslA mATTers New PubLicAtioN RePAiR ANd StoRAGe LieNS Act: A PRActicAL Guide HARveY M. HABeR, Q.C., J.D., LSM, wiTH ConTRiBuTionS fRoM nuMeRouS LeADing expeRTS Bringing together exclusive content on 10 key topics, Repair and Storage Liens Act: A Practical Guide is the first resource created to lead you through the often confusing ins and outs of the Repair and Storage Liens Act (RSLA). The collection of commentaries by an esteemed group of experts, headed by Harvey M. Haber, Q.C., clarifies the use and limits of the RSLA, contributing to your effective utilization of this Act, in both commercial property and automotive repair environments. You will find the authoritative advice you need to assist with matters involving commercial property and automotive repairer lien rights as they relate to the RSLA. oRdeR # 985213-65203 $120 Hardcover approx. 230 pages December 2012 978-0-7798-5213-0 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AvAilAble Risk-FRee FoR 30 DAys order online: www.carswell.com Call Toll-Free: 1-800-387-5164 ��in Toronto: 416-609-3800 CANADA lAW book�� www.CANADIAN L a w ye r m a g . c o m March 2013 23

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