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2016 75D - CPO with a major heart-wrenching issue

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The key question here may be damages. I can’t imagine that an uncorked 75 is worth a great deal more than a “regular” 75 in the marketplace. I hope you have researched the amount of damages you have suffered and remember that a court will look to objective evidence — not how much you personally believe the uncorking is worth.

I completely understand your point, but i's not always about a matter of worth. If you look at the two previous lawsuits, in one, Tesla fixed the issue rather than just settling, and in the false advertising case (the one that most directly aligns with my issue) it was a considerable cash settlement as well as some free accessories. This isn't a simple mix up of "whoops, we meant to give you a 75D but you got a 75, and they aren't anymore 75Ds we can give you, so we can pay you the cost difference between the two vehicles". I am holding Tesla liable for their false advertising, then their false "promise" that uncorking was possible.

where can I look for my car build date??

The build date, and other info, is located on a sticker in the driver door jam. We believe that any Model S built after mid-to-maybe-late 2016 (somewhere in there) were uncorkable.
 
who do I contact from EV-CPO.com to find html page for the listing of my MS that I bought. It said 4.2 sec as well. I ordered Draggy from amazon and tested it out today and got 5.48 sec 0-60

ill prob try it more when there is no traffic at night time but I think im in the same boat as the OP.
 

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I read on another thread about a user taking advantage of an arbitration process to get their yellowed screen replaced. So if you cannot resolve with Tesla directly take it to arbitration and you have a good case. Keep all of your documentation and log your calls and contacts. Good luck!
 
"Isensorprotocol" field must be greater than 3 to be uncorked. Ask next tech to report what they see as that value and you'll know if it can be uncorked. 5 or greater is ideal.

I was one of the first to get a 75D uncorked and it took a lot of explaining. Consider calling Tyson's Corner and asking them. They are way more knowledgeable. Then again, back when I got uncorked it took 5 seconds to call a service center....

Good luck. Most US states have consumer fraud laws and this is textbook fraud. If you can't get a satisfactory response from Tesla sue them.
 
I have a similar concern around false advertising but related to range. I recently bought a 90D where they claim the range is 473KM (EPA) but when I charge to 90% it only shows 390KM at best. That's over 35KM short at 90% and 40KM+ short at 100%, or 10% less range than advertised. The whole reason I bought this car was to upgrade the range (and warranty) from my P85. I know the battery degrades over time but being a CPO they should be able to evaluate the vehicle and provide an accurate range or at least state that it's an estimate vs. a definitive amount. When I took it to the SC for various concerns I raised this one, their response was that they have no way of knowing how the battery was treated by the prior owner and "you get what you get". However this is not reflected in their advertising, nor is any physical damage. Anyone who puts a non-refundable deposit down has no idea what they are getting until it's too late.

Has anyone else dealt with this or heard about it?

I'm considering litigation as well...
 
I have a similar concern around false advertising but related to range. I recently bought a 90D where they claim the range is 473KM (EPA) but when I charge to 90% it only shows 390KM at best. That's over 35KM short at 90% and 40KM+ short at 100%, or 10% less range than advertised. The whole reason I bought this car was to upgrade the range (and warranty) from my P85. I know the battery degrades over time but being a CPO they should be able to evaluate the vehicle and provide an accurate range or at least state that it's an estimate vs. a definitive amount. When I took it to the SC for various concerns I raised this one, their response was that they have no way of knowing how the battery was treated by the prior owner and "you get what you get". However this is not reflected in their advertising, nor is any physical damage. Anyone who puts a non-refundable deposit down has no idea what they are getting until it's too late.

Has anyone else dealt with this or heard about it?

I'm considering litigation as well...

This exact thing is becoming a bigger and bigger problem. They can easily charge the car to 100% and show the battery condition. Unfortunately currently there is no way of knowing this until you put down your generally non-refundable deposit. They display the best possible range for those cars in their ads. They don't even count the difference between 19 and 21 wheels which is crazy to me - a P90D with 21s can do 250 miles and 19s can do 270 but they display 270 miles for all P90D's.
 
This exact thing is becoming a bigger and bigger problem. They can easily charge the car to 100% and show the battery condition. Unfortunately currently there is no way of knowing this until you put down your generally non-refundable deposit. They display the best possible range for those cars in their ads. They don't even count the difference between 19 and 21 wheels which is crazy to me - a P90D with 21s can do 250 miles and 19s can do 270 but they display 270 miles for all P90D's.

The one question you need to definitively answer is: How do I prove there is a difference in range that lead to the false advertising? Finding internet posts are one thing, but you will need something more scientific to hold in any litigation. Said differently, you need to research, document, and educate yourself before proceeding. Challenging Tesla with just anecdotal evidense will get shut down with their claims of "expected range", "ideal conditions", and "normal battery degredation". Also, learn about the consumer protection laws in your state, and contact your state's consumer protection agency for how best to proceed.
 
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The one question you need to definitively answer is: How do I prove there is a difference in range that lead to the false advertising? Finding internet posts are one thing, but you will need something more scientific to hold in any litigation. Said differently, you need to research, document, and educate yourself before proceeding. Challenging Tesla with just anecdotal evidense will get shut down with their claims of "expected range", "ideal conditions", and "normal battery degredation". Also, learn about the consumer protection laws in your state, and contact your state's consumer protection agency for how best to proceed.

I agree with you, but you're talking about legal issues. You can have advertising that is false or misleading but legal. I am sure there could be legal precedent for Tesla to act if its cars have 100% range, but it very clearly is not the right thing to do. "How much range is there left on your battery" is the #1 question asked to any private seller selling a Tesla vehicle, and yet Tesla answers this very question very misleadingly. Even if you forget about the degradation - they don't seem to care whether 19's or 21's are in the vehicle, and report 100% range even with 21's. How is that an OK thing to do?

If I was selling a 2015 P90DL with 21 inch wheels that had gone a 10% range degradation (that would mean about 230 miles of 100% range if you include the wheels) and somebody asked me what the range on the car was, and I said 270 miles, the person would roast me after purchasing the car. So how is it OK for Tesla to do this exact thing?
 
The one question you need to definitively answer is
This may not help your matter at hand, or maybe it will.

Firstly I have the exact same car and problem. 4/16, my car is red. It was also a showroom car when I got it. I think yours was as well. The In Service date tells me you detailed earlier posts. Your car was around for six months just like mine.

I am the original owner of my car though. I tried the same thing when uncorking first came to be into practice in 2017 I want to say. I was told at short and longer lengths of discussion, it was the battery or the Rev level of the battery as we are all talking about here.

I to was disappointed. IF it had come down to it though I would not have given the car back. My car was never promised to be 4.2 upon sale though, just later uncorking became the "Thing".

DO I care now, no, my car goes fast enough in the real world and in reality, I drive my car now for range and less charging. I got over it pretty fast.

Its a bit of pain to pursue these things, but life is short, maybe that one second saves your life or someone else's. I hope this helps.
 
This may not help your matter at hand, or maybe it will.

Firstly I have the exact same car and problem. 4/16, my car is red. It was also a showroom car when I got it. I think yours was as well. The In Service date tells me you detailed earlier posts. Your car was around for six months just like mine.

I am the original owner of my car though. I tried the same thing when uncorking first came to be into practice in 2017 I want to say. I was told at short and longer lengths of discussion, it was the battery or the Rev level of the battery as we are all talking about here.

I to was disappointed. IF it had come down to it though I would not have given the car back. My car was never promised to be 4.2 upon sale though, just later uncorking became the "Thing".

DO I care now, no, my car goes fast enough in the real world and in reality, I drive my car now for range and less charging. I got over it pretty fast.

Its a bit of pain to pursue these things, but life is short, maybe that one second saves your life or someone else's. I hope this helps.

OldSchool, thanks for your reply. Most certainly if I had purchased the vehicle without expectation of this performance characteristic, I would not take issue with Tesla. What they did with uncorking was both generous and remarkable and if it were something I really wanted, I would need to upgrade from my existing vehicle.

The 4.2 seconds was a big draw for me, and I passed on CPO's that stated 5.2 seconds. I am a car guy, through-and-through, from auto mechanics, to styling, to performance. Do I need the 4.2 seconds for everyday driving? Probably not. Do I want what I paid for and will employ it's use from time to time? Absolutely!!

I agree, life IS short and it is a bit of pain with these pursuits. I see this as an injustice to myself and others that were mislead by Tesla's false advertising. For some, this might not be a big deal, for me, it definitely is.
 
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injustice

I went to EV-CPO after writing and found at least one I saw, with VIN 139XXX stating again its 4.2. They are misleading people for sure. I'm sure there are more. 138, 137 down and down and up to some point from 139XXX.

These cars were showroom cars many of them and the first Facelift cars to show the public the new look. They started life at 70D and were upgraded by software lock in showroom to 75D. I have both Monroney Stickers detailing two slightly different cars same VIN.

You might check your onboard charger as well. Go to charging screen and see how high you can dial up the amperage for preset limit.

Probably upgraded to accept 72A charge. IT works great on destination charging. I think as I recall its like up to 56 miles per hour of charge depending on the voltage. Attached is a app two years to the day I bought my car by coincidence I just realized. 72A 206V.
IMG_4255161BE112-1.jpeg

Good luck with the other issue.
 
I sent the OP the full screenshot of the detail page for his car. Here's a portion of it:

View attachment 416429
SO there is another misleading fact here in the screen shot and EV-CPO It says 4.2 but it also is glaring 259 miles on a full charge. I know of no Tesla or electric car used that retains its whole battery capacity with 10-20-30-40-50k miles of usage. Leads me to believe the language of the CPO transaction may cover facts of this car may not perform as the specs when it was new.

Tesla has since they sold their first used car detailed the new range. I have never understood that. It must be covered in something the buyer signs perhaps????
 
Net-rat,

My 75 was built in 12/2016 and it could not be uncorked so obviously cars built months earlier couldn’t be either. The constant updating/upgrading of these cars after manufacture certainly explains why Tesla resales could have certain features advertised erroneously, but of course that doesn’t mean you have no legal recourse.

The key question here may be damages. I can’t imagine that an uncorked 75 is worth a great deal more than a “regular” 75 in the marketplace. I hope you have researched the amount of damages you have suffered and remember that a court will look to objective evidence — not how much you personally believe the uncorking is worth.

A 75D car built Dec 2016 should be able to be uncorked - but sounds like you have a 75 not a 75D - I believe only a few 75s were capable of faster times, They had to be built mid 2017 or so as I recall and were delivered that way, not uncorked after. My S75D VIN 157xxx was built in May 2016 and it was able to be uncorked.