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2022 Model X - in Service for nearly 30 days

glide

Well-Known Member
Jun 6, 2018
5,506
7,778
USA
Hi All - I received my brand new Tesla Model X in December of 2021. Since I've owned it, it's been in service for nearly 30 of the 95 days for an issue with the falcon wing door. Has anyone else experienced this issue and the lack of service by Tesla?
Hope you opted out of arbitration.

You can start pressing them for a new vehicle at this point.
 
Parts availability ( supply chain/ materials) is delaying all repairs. My 2019 MX is at the service center for the past 4 weeks ( not related to falcon doors) due to non availability of spares. I guess we will have to live with this in the near term.
Aren't you frustrated? They are using all the parts on new deliveries so they may not get to us for a very very long time. You are handling it well.
 
What is the process to request a new vehicle?
Google for site:ca.gov lemon law. You seem to meet the criteria on page 2 of https://www.dca.ca.gov/acp/pdf_files/lemonlaw_qa.pdf.

I personally had my former '19 Bolt bought back by GM at the 3 year mark related to their battery recall in exchange for a very nice check. Their written communications did cite CA lemon law. Many others have too but what they received and what the automaker could deduct varied depending on the state since each state's lemon and consumer protection laws differ.
 

glide

Well-Known Member
Jun 6, 2018
5,506
7,778
USA
How do I opt out of arbitration? What is the process to request a new vehicle?
It’s in your MVPA. You only have 30 days to opt out. Otherwise you are forced to go through arbitration and are pretty much screwed.

PSA for US buyers: arbitration clause

I just bought the model 3 (I get it this week!) and saw there's a binding arbitration agreement in the "Motor Vehicle Purchase Agreement." I just wanted to make sure everyone was aware of this and that you can opt out. You must opt out within 30 days of "signing" the Purchase Agreement.

First, to opt out, write a letter to:

Tesla, Inc.
PO Box 15430
Fremont, CA 94539-7970

Your letter needs to include:

* Your name
* Vehicle Identification Number (VIN)
* Intent to opt out of the arbitration provision

If you paid your $2500 deposit on 6/27 when the remaining reservations opened, you should notify Tesla by 7/27 to be safe, so mail your letter by 7/23.

## What's this about?

Normally if a company harms you, you have several avenues to resolve the issue: negotiation, non-binding arbitration, individual law suits, class-action (group) law suits, and more. You can also appeal the courts decision if necessary. However, mandatory binding arbitration limits your options to just individual arbitration, so it's much more difficult to get resolution and much more likely that they would win. You can't appeal a binding arbitration decision.

This agreement forces arbitration for any issue with Tesla, including privacy, safety, warranty, and lease problems.

Binding arbitration is not consumer friendly. Here are a few articles about it.

[Consumerist](https://consumerist.com/2014/02/25/why-you-should-opt-out-of-forced-arbitration-in-3-sentences/index.html),
[Life Hacker](https://lifehacker.com/why-you-should-opt-out-of-forced-arbitration-whenever-p-1538184105),
[Consumer Reports](https://www.consumerreports.org/consumer-protection/did-your-bank-send-you-an-opt-out-of-arbitration-letter/)

## Other answers

> I'm not planning on suing Tesla. Why should I do this?

If you don't opt out of binding arbitration, you permanently agree to only use arbitration. By opting out you preserve your right to use all remedies at your disposal. You are not giving up your right to use arbitration (non-binding or binding) by opting out of mandatory binding arbitration. You also aren't agreeing to sue Tesla by opting out.

> I don't have a VIN yet. Should I wait until one has been issued?

I'd send two letters. Send the first one within the 30 days and note that the VIN has not been issued yet. Send a followup letter later for each VIN/vehicle you receive.
 
I just asked them this but they said it needs to be repaired first before releasing us the car.
Tell them you want your property back - I don't think they have any legal right to not release it. This is not aviation where non-conformance with the type certificate renders the aircraft unairworthy...

My wife's X Plaid right Falcon wing door is also broken, but they released the car and told us they ordered the parts (at least a month lead time) and would reschedule once they have an ETA.
 
It’s in your MVPA. You only have 30 days to opt out. Otherwise you are forced to go through arbitration and are pretty much screwed.

PSA for US buyers: arbitration clause

I just bought the model 3 (I get it this week!) and saw there's a binding arbitration agreement in the "Motor Vehicle Purchase Agreement." I just wanted to make sure everyone was aware of this and that you can opt out. You must opt out within 30 days of "signing" the Purchase Agreement.

First, to opt out, write a letter to:

Tesla, Inc.
PO Box 15430
Fremont, CA 94539-7970

Your letter needs to include:

* Your name
* Vehicle Identification Number (VIN)
* Intent to opt out of the arbitration provision

If you paid your $2500 deposit on 6/27 when the remaining reservations opened, you should notify Tesla by 7/27 to be safe, so mail your letter by 7/23.

## What's this about?

Normally if a company harms you, you have several avenues to resolve the issue: negotiation, non-binding arbitration, individual law suits, class-action (group) law suits, and more. You can also appeal the courts decision if necessary. However, mandatory binding arbitration limits your options to just individual arbitration, so it's much more difficult to get resolution and much more likely that they would win. You can't appeal a binding arbitration decision.

This agreement forces arbitration for any issue with Tesla, including privacy, safety, warranty, and lease problems.

Binding arbitration is not consumer friendly. Here are a few articles about it.

[Consumerist](https://consumerist.com/2014/02/25/why-you-should-opt-out-of-forced-arbitration-in-3-sentences/index.html),
[Life Hacker](https://lifehacker.com/why-you-should-opt-out-of-forced-arbitration-whenever-p-1538184105),
[Consumer Reports](https://www.consumerreports.org/consumer-protection/did-your-bank-send-you-an-opt-out-of-arbitration-letter/)

## Other answers

> I'm not planning on suing Tesla. Why should I do this?

If you don't opt out of binding arbitration, you permanently agree to only use arbitration. By opting out you preserve your right to use all remedies at your disposal. You are not giving up your right to use arbitration (non-binding or binding) by opting out of mandatory binding arbitration. You also aren't agreeing to sue Tesla by opting out.

> I don't have a VIN yet. Should I wait until one has been issued?

I'd send two letters. Send the first one within the 30 days and note that the VIN has not been issued yet. Send a followup letter later for each VIN/vehicle you receive.
is this 30 days from when you place your order or 30 days from when you purchase the vehicle?
 

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