2022 Model X - in Service for nearly 30 days

[winegolfpoker]

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?

 

[croman]

What's the precise issue? What have they done?

 

[glide]

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.

 

[Rice&Curry]

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.

 

[JER85]

If it requires parts replacement then that’s probably why.

 

[winegolfpoker]

What's the precise issue? What have they done?

They said they need to replace a part in the falcon wing door.

 

[winegolfpoker]

Hope you opted out of arbitration.

You can start pressing them for a new vehicle at this point.

How do I opt out of arbitration? What is the process to request a new vehicle?

 

[jboy210]

If they are really waiting for a part, can they just put it back to the way it was? And would that make the car drivable? That would let you drive the car until the part arrives. In our family shop we sometimes had to do this with cars that had unique parts like AMG variant Mercedes.

 

[winegolfpoker]

Thanks for the suggestion. I just asked them this but they said it needs to be repaired first before releasing us the car.

 

[winegolfpoker]

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.

 

[cwerdna]

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.

 

[Fiver]

I took delivery on my new X at the end of Sept of 2018. I drove it for about 2 weeks, then dropped it off to get the punch list of things wrong from delivery worked on. I got the car back in late January.

So yea, they hold on to cars for awhile sometimes.

 

[Donjo]

They've had my new X Plaid for 8 wks. They home delivered it defective and came back the same day to tow it back to the service center. Haven't seen it since and they have no estimate to when I will get it back

 

[glide]

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.

 

[winegolfpoker]

They've had my new X Plaid for 8 wks. They home delivered it defective and came back the same day to tow it back to the service center. Haven't seen it since and they have no estimate to when I will get it back

Pretty unbelievable. I'm considering selling mine to just get a more reliable car.

 

[greidy]

Keep in mind state lemon laws supersede arbitration agreements. Here in GA if your vehicle is out of service for more than 30 cumulative days it’s considered a lemon and must be bought back or replaced by the manufacture. Most states have something similar.

 

[Marcus Adolfsson]

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.

 

[jz788]

Mine has been at the service center for 2 months now. It's in for safety restraint issue and loud squealing 2nd row seat. They give me a vary vague answer as to which part they are waiting for between the 2 issues.

 

[Epradox]

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?

 

[croman]

is this 30 days from when you place your order or 30 days from when you purchase the vehicle?

Both. Taking delivery is the bigger of the two events.