In California a "Power Agreement" is a fancy word for a 19-20 year Leased system. Also even though the seller supposedly pre-paid the electric bill for 19 years ? The inverter, panels etc still have to be maintained ? So there is a good chance there is still a lease payment on the equipment. If not WHO repairs that bad-boy when those cheap chinese solar panels. Fannie says the Solar panels may "NOT" be included in the appraised value, the property must maintain access to an-alternative source of electrical service " IE must be able to reconnect to a good old standard meter. The other reason some builders do this is they get the tax credit not the buyer and in this case th builder may be getting a $10k-20K tax credit so he really never paid $40K. Also is the power agreement in the new buyers name ? PGE
The "gift" or concession is not real estate. Substitute the pre-paid electricity for 19 years of free grocery's or paying off your $40,000 student loan, or giving you a new Toyota Prius. Worse is did the seller add or stack the $40K on top of the sales price or he inflated the contract price get his money back ? If so you may be short $30 or 40K on your appraisal. That nice letter from the buyer or seller is just a dear John letter hoping that you place value on a non-real estate item. Worse it's all based on 19 years of a Prospective and "hypothetical assumptions. Imagine if the new buyer only lives there for a few years, how does he/she get that $40K back ?
If this is PG&E this is not a company I would depend on for 19 years of cheap electricity ! Because on January 14, 2019 PG&E announced that it was filing for Chapter 11 bankruptcy in response to the financial challenges associated with the catastrophic wildfires that occurred in Northern California. How are power agreements being handled and how many ways can a PG&E Null & Void those agreements ? Not even ten Philadelphia Attorneys have the answer because these are the same guys who have power -poles that in some cases are 80 to 105 years old.