Considering SUING Tesla for possibly missing paperwork on state incentives and potentially losing $8,600

[qnzkrew]

i signed up for solar last year in september 2020 and found out i qualified for state incentives totalling $8,600. the incentives is based oin solar system size and adding batteries.
i signed the incentives contract in Novemeber 6th of last year and one of the stipulations of the contract is that it has to be completed within ONE year of contract signing.
like a lot of people my project kept getting delayed and was installed in march of 2021 . after installation i immediately started emailing tesla and my incentive department in my state about finalizing this grant. my state department lets me know they have been contacting tesla since january of 2021 to submit paperwork. i call tesla and email everybody i could about finishing this up. i get nowhere for about 2 months even though i call almost everyday for two weeks to reach the person the signed me up for the grant originally. after two months my original incentive advisor emails me back and tells me how sorry they are and that they will get to it right away . we are now in june and they send over incomplete paperwork to my state grant office. i keep emailing and calling and emailing and nowhere fast. today with 7 weeks left on the original contract to finalize paperwork i email EVERYBODY i originally dealt with again. customer service tells me the same thing that they can only email and ask the incentives department for an update and they havent heard anything back in two months and that i need to understand that they are two different departments. i have already been approved for the grant but because tesla cannot send the correct paperwork i will lose $8,600 in about 7 weeks. i dont know what else to do

 

[FlatSix911]

When all else fails... Tweet Elon.

 

[holeydonut]

i signed up for solar last year in september 2020 and found out i qualified for state incentives totalling $8,600. the incentives is based oin solar system size and adding batteries.
i signed the incentives contract in Novemeber 6th of last year and one of the stipulations of the contract is that it has to be completed within ONE year of contract signing.
like a lot of people my project kept getting delayed and was installed in march of 2021 . after installation i immediately started emailing tesla and my incentive department in my state about finalizing this grant. my state department lets me know they have been contacting tesla since january of 2021 to submit paperwork. i call tesla and email everybody i could about finishing this up. i get nowhere for about 2 months even though i call almost everyday for two weeks to reach the person the signed me up for the grant originally. after two months my original incentive advisor emails me back and tells me how sorry they are and that they will get to it right away . we are now in june and they send over incomplete paperwork to my state grant office. i keep emailing and calling and emailing and nowhere fast. today with 7 weeks left on the original contract to finalize paperwork i email EVERYBODY i originally dealt with again. customer service tells me the same thing that they can only email and ask the incentives department for an update and they havent heard anything back in two months and that i need to understand that they are two different departments. i have already been approved for the grant but because tesla cannot send the correct paperwork i will lose $8,600 in about 7 weeks. i dont know what else to do

Which state are you in? Tesla's website incentives info for the "State to Consumer" incentives (eg non-resiliency SGIP, Tax Incentives, etc) has kind of implied they wouldn't support such rebates in a while.

 

[qnzkrew]

Which state are you in? Tesla's website incentives info for the "State to Consumer" incentives (eg non-resiliency SGIP, Tax Incentives, etc) has kind of implied they wouldn't support such rebates in a while.

I’m in Rhode Island. Okay hey give out .85 cents per watt till a max. I signed contract through Tesla and all paperwork through Tesla they have just been missing paperwork on their end

 

[holeydonut]

I’m in Rhode Island. Okay hey give out .85 cents per watt till a max. I signed contract through Tesla and all paperwork through Tesla they have just been missing paperwork on their end

Ok, so you basically have 7 weeks to see if Tesla can get those documents in? Probably in your better interest to not sue them just yet then...

Do you have in writing somewhere like your original quote or your initial contract that says Tesla will file for the $8,600 on your behalf, and that you personally would be the recipient of that $8,600?

 

[qnzkrew]

Ok, so you basically have 7 weeks to see if Tesla can get those documents in? Probably in your better interest to not sue them just yet then...

Do you have in writing somewhere like your original quote or your initial contract that says Tesla will file for the $8,600 on your behalf, and that you personally would be the recipient of that $8,600?

Of course I have like a lot of paperwork of the original contract signed with the amount and when they tried to resend the paperwork back in June. I have saved all email correspondence.

 

[holeydonut]

Of course I have like a lot of paperwork of the original contract signed with the amount and when they tried to resend the paperwork back in June. I have saved all email correspondence.

Cool, well Tesla has 7 weeks to perform, and you have clearly identified contract language indicating whatever it is that Tesla was supposed to do to submit for this $8,600. Just keep cool and don't go overboard where Tesla puts you on a poop list. Remember that Tesla is a big mega corp, and Elon is beating his folks to the bone. The poor folks over there are understaffed and probably overwhelmed.

This advice coming from someone who was on PG&E's poop list and got pooped on.

 

[glide]

Cool, well Tesla has 7 weeks to perform, and you have clearly identified contract language indicating whatever it is that Tesla was supposed to do to submit for this $8,600. Just keep cool and don't go overboard where Tesla puts you on a poop list. Remember that Tesla is a big mega corp, and Elon is beating his folks to the bone. The poor folks over there are understaffed and probably overwhelmed.

This advice coming from someone who was on PG&E's poop list and got pooped on.

I don’t think “roll over and take it” is good advice.

If Tesla is not living up to their portion of the contract, and there is potential for financial harm to OP, I would absolutely hire a lawyer to make them move.

If Tesla wants to put a paying customer on a “poop list” because they cannot get their act together and deliver their products and documents that have been pre-paid for then I would not want to do business with them in the future.

Thankfully I was able to cancel my solar installation before things TRULY got out of hand. I wound up having to file a chargeback with my CC company for some of the costs. (And yes, I got back every penny I initially paid them).

 

[holeydonut]

I don’t think “roll over and take it” is good advice.

If Tesla is not living up to their portion of the contract, and there is potential for financial harm to OP, I would absolutely hire a lawyer to make them move.

If Tesla wants to put a paying customer on a “poop list” because they cannot get their act together and deliver their products and documents that have been pre-paid for then I would not want to do business with them in the future.

Thankfully I was able to cancel my solar installation before things TRULY got out of hand. I wound up having to file a chargeback with my CC company for some of the costs. (And yes, I got back every penny I initially paid them).

And how does hiring a lawyer (which is expensive in itself) before OP has actually suffered damages become an effective way to get Tesla to "move"? What action do we expect this lawyer to do that makes Tesla move faster on their remaining 7 week timetable?

If the State has said they can no longer accept anything from Tesla to process the $8,600, then I agree it seems involving some form of arbitration or small claims may be reasonable.

 

[qnzkrew]

And how does hiring a lawyer (which is expensive in itself) before OP has actually suffered damages become an effective way to get Tesla to "move"? What action do we expect this lawyer to do that makes Tesla move faster on their remaining 7 week timetable?

If the State has said they can no longer accept anything from Tesla to process the $8,600, then I agree it seems involving some form of arbitration or small claims may be reasonable.

Correct , I would not look into litigation till after they miss the deadline. I just don’t know what else to do at this time. I’m so disappointed as I had a horrible model 3 delivery but have always been a Tesla fanboy and I knew of their customer service problems when I signed up for solar but was hoping hey would get better. I even referred two of my friends and they dropped the ball on their installs as well and kept coming to me asking what was going on. I was getting mad today when I called and they just kept saying the have no control over the incentive department because it’s a total different department as of that somehow made it easier for me to understand.

 

[holeydonut]

Correct , I would not look into litigation till after they miss the deadline. I just don’t know what else to do at this time. I’m so disappointed as I had a horrible model 3 delivery but have always been a Tesla fanboy and I knew of their customer service problems when I signed up for solar but was hoping hey would get better. I even referred two of my friends and they dropped the ball on their installs as well and kept coming to me asking what was going on. I was getting mad today when I called and they just kept saying the have no control over the incentive department because it’s a total different department as of that somehow made it easier for me to understand.

If it's any solace for you, I think you've already done a lot to get it to the point you're at. And the good news is you have a very clear "punchout" of what needs to happen on your project to get it over the finish line. Hopefully your system is functioning fine; you have PTO; and it's just a residual payment issue to resolve. While it's not cool to have any type of hiccup, your hiccup is manageable assuming Tesla does what they're supposed to do in the 7 weeks. And if Tesla doesn't come through, you have a clearly quantified damage you can produce for a small claim.

I hear ya about your own reputational damage being on the line... if you refer someone and they have a bad experience, they naturally will blame you in some part for the negative experience. I hope your friends are still on track to get their systems in spite of a few extra headaches.

 

[wjgjr]

I think there is a middle ground of drafting a clear letter (and perhaps look at delivery options including email, social media, and snail mail) stating what contractually-committed work is outstanding, the deadlines involved, the cost of missing them, and that it would be necessary to pursue legal action (which may well be arbitration, per your contract) if Tesla fails to perform. While a brief summary of the issues to date might be helpful, the main focus would not be on assigning blame but on what needs to be done.

While I agree there is no reason to involve lawyers at this point, based on Tesla's history as reported by others on this forum, you are right to be concerned about whether they will perform on time. The biggest issue is going to be getting that concern in front of somebody who will recognize the need to prioritize getting your paperwork to completion.

 

[qnzkrew]

If it's any solace for you, I think you've already done a lot to get it to the point you're at. And the good news is you have a very clear "punchout" of what needs to happen on your project to get it over the finish line. Hopefully your system is functioning fine; you have PTO; and it's just a residual payment issue to resolve. While it's not cool to have any type of hiccup, your hiccup is manageable assuming Tesla does what they're supposed to do in the 7 weeks. And if Tesla doesn't come through, you have a clearly quantified damage you can produce for a small claim.

I hear ya about your own reputational damage being on the line... if you refer someone and they have a bad experience, they naturally will blame you in some part for the negative experience. I hope your friends are still on track to get their systems in spite of a few extra headaches.

This is what is so maddening about this situation. I had horrible delivery during production hell of model 3 with delivery but once I received my car I’ve never had any iussues with it other than fit and finish crap that early model 3 had. No need to go back for service anything. After all the months of delays and 3 month PTO delay the solar has worked amazingly with no issues. So it’s not a product problem. I can just imagine how I would have felt if I didn’t have those annoying delays that were cause by Tesla themselves.

 

[glide]

And how does hiring a lawyer (which is expensive in itself) before OP has actually suffered damages become an effective way to get Tesla to "move"? What action do we expect this lawyer to do that makes Tesla move faster on their remaining 7 week timetable?

If the State has said they can no longer accept anything from Tesla to process the $8,600, then I agree it seems involving some form of arbitration or small claims may be reasonable.

You would be surprised what a letter or phone call from an attorney will do and how little it costs.

[email protected]

Tesla, Inc
Attn: Legal,
45500 Fremont Boulevard
Fremont, CA 94538
(650) 681-5000

Why everyone, OP included, is advocating for the “roll over and take it” method is beyond me. But the kool-aid is strong.

 

[qnzkrew]

You would be surprised what a letter or phone call from an attorney will do and how little it costs.

[email protected]

Tesla, Inc
Attn: Legal,
45500 Fremont Boulevard
Fremont, CA 94538
(650) 681-5000

Why everyone, OP included, is advocating for the “roll over and take it” method is beyond me. But the kool-aid is strong.

Im not advocating for rolling over I’m just not sure I can do anything before they miss the deadline even though they have not taken care of it in the past 10 months.

 

[bmah]

Why everyone, OP included, is advocating for the “roll over and take it” method is beyond me. But the kool-aid is strong.

Please don't disparage people who feel differently from you.

Thanks,

Bruce.

PS. FWIW I have no opinion on a course of action for OP to take.

 

[glide]

Im not advocating for rolling over I’m just not sure I can do anything before they miss the deadline even though they have not taken care of it in the past 10 months.

You can’t do anything if you won’t do anything. My advice, pay $500 to have a qualified attorney send a demand letter.

Other than that, you’re at Tesla’s mercy and I can guarantee they are not looking to help you out.

 

[wjgjr]

You can’t do anything if you won’t do anything. My advice, pay $500 to have a qualified attorney send a demand letter.

Other than that, you’re at Tesla’s mercy and I can guarantee they are not looking to help you out.

It seems to me that the issue with a demand letter is it is premature as Tesla is not yet in breach of contract as best I can tell from the information provided by OP. And they do have enough time still to complete the paperwork before the deadline. The letter I proposed above does have some aspects of a demand letter, but I avoid calling it that because Tesla is still within their window to perform. The contact information you provide for their legal department is great, and something OP could use regardless of who drafts the communication.

At this point, I'm not sure such a letter needs to come from a lawyer, though it is up to OP to decide whether they think it is worth it. (And there are decent templates for demand letters - or, in this case, more of a pre-demand letter.) In many cases, just mentioning the possibility of legal proceedings is enough (though Tesla is certainly a unique company in many ways.) And, they really might just be prioritizing things to get them done as late as possible given their backlog, so they might still be planning to get this done within the remaining month and a half.

 

[glide]

It seems to me that the issue with a demand letter is it is premature as Tesla is not yet in breach of contract as best I can tell from the information provided by OP. And they do have enough time still to complete the paperwork before the deadline. The letter I proposed above does have some aspects of a demand letter, but I avoid calling it that because Tesla is still within their window to perform. The contact information you provide for their legal department is great, and something OP could use regardless of who drafts the communication.

At this point, I'm not sure such a letter needs to come from a lawyer, though it is up to OP to decide whether they think it is worth it. (And there are decent templates for demand letters - or, in this case, more of a pre-demand letter.) In many cases, just mentioning the possibility of legal proceedings is enough (though Tesla is certainly a unique company in many ways.) And, they really might just be prioritizing things to get them done as late as possible given their backlog, so they might still be planning to get this done within the remaining month and a half.

Tesla does not need to be in breach in order for a demand letter to be drafted and sent.

Like I said, if OP wants Tesla to do absolutely nothing, they are already on the right course.

 

[holeydonut]

It seems to me that the issue with a demand letter is it is premature as Tesla is not yet in breach of contract as best I can tell from the information provided by OP. And they do have enough time still to complete the paperwork before the deadline. The letter I proposed above does have some aspects of a demand letter, but I avoid calling it that because Tesla is still within their window to perform. The contact information you provide for their legal department is great, and something OP could use regardless of who drafts the communication.

At this point, I'm not sure such a letter needs to come from a lawyer, though it is up to OP to decide whether they think it is worth it. (And there are decent templates for demand letters - or, in this case, more of a pre-demand letter.) In many cases, just mentioning the possibility of legal proceedings is enough (though Tesla is certainly a unique company in many ways.) And, they really might just be prioritizing things to get them done as late as possible given their backlog, so they might still be planning to get this done within the remaining month and a half.

Lololol "prioritizing things to get them done as late as possible" pretty much sums up Tesla Energy's motto. Most of the threads on TMC seem to indicate this...