Welcome to Tesla Motors Club
Discuss Tesla's Model S, Model 3, Model X, Model Y, Cybertruck, Roadster and More.
Register

Do I lawyer up?

This site may earn commission on affiliate links.
I ordered a Model S in April, 2021. After several false alarms, I got a message this July the car would be delivered on August 1, 2022. This was perfect because on August 5th I would be leaving the country for a month. Then the delivery date got moved back to mid-August. I called a call center and asked if they could hold the car for me, or could my adult son pay and pick it up. The answer to both these questions was no. The rep said I could decline the delivery and she would put me back in the queue, but I wouldn't be at the end of the queue but not at the beginning either. So, I thought I would just have to wait a little longer. What eased the pain was that I ordered the car at a cost of about $86,000 and the current price for the same car was about $105,000.
I leave on my trip and check on my app upon return to find no evidence of an ordered car. I drive to the local dealer in Raleigh, NC, (since it is about impossible to get anyone on the phone) and the local rep pulled up my file. She tells me the car order was auto-canceled on August 8th. She reads me the note from the rep I had spoken with and it said "the owner wants to go back in the queue." I call the Tesla call center and was told that once a car order is canceled, nothing could be done and I could make a new order at the new price. I asked to speak with a supervisor and was told only someone in Fremont could overrule that and I got the Freemont phone number. I call that number and the rep gives me the same reply as before, "sorry, once a car is canceled nothing can be done." I asked to speak with a supervisor and he said I would be called back within 48 hours. I called again in 4 days when I had heard nothing and again was told a supervisor would call me in a few days. Three days later I speak with a rep who again promises a call back in a "few days.". When I call back 3 days after that a rep tells me are too busy and no one is going to call me back. I asked what recourse I had and he had no answer but agreed that I was being screwed.
I would love to present this case in front of a North Carolina jury but I hate getting the legal system involved. What should I do? I am not out to punish Tesla (I have a 2016 Model S and my favorite car ever) but I just want the car at the originally agreed upon price. Would any lawyers out there care to comment on a ball park figure of legal costs?
 
Sounds like the same basic situation as this other thread:


As to whether you need to get a lawyer, I dont know, but probably.
 
Upvote 0
Not that it helps, but I had a similar situation a month ago. I was notified my new S was ready while I was out of the country. I wrote back that I’d be back in 3 weeks and could they hold it. Next thing I know is that I no longer have an order for an S in my account. They canceled it without notice. It’s sure lousy customer service. At least I also have an order in for an X, and that’s expected between Dec-Mar.
 
Upvote 0
There is an argument that the agent you spoke to overrode the contract (how good an argument is another question). I don't know if it is worth the bother, but you could try a small claims action in NC. I don't know what the small claims limits are there. In some states it around a max of $10,000. More to the point, it would get Tesla's attention. It might stick to the old deal than go to court....
 
Upvote 0
I ordered a Model S in April, 2021. After several false alarms, I got a message this July the car would be delivered on August 1, 2022. This was perfect because on August 5th I would be leaving the country for a month. Then the delivery date got moved back to mid-August. I called a call center and asked if they could hold the car for me, or could my adult son pay and pick it up. The answer to both these questions was no. The rep said I could decline the delivery and she would put me back in the queue, but I wouldn't be at the end of the queue but not at the beginning either. So, I thought I would just have to wait a little longer. What eased the pain was that I ordered the car at a cost of about $86,000 and the current price for the same car was about $105,000.
I leave on my trip and check on my app upon return to find no evidence of an ordered car. I drive to the local dealer in Raleigh, NC, (since it is about impossible to get anyone on the phone) and the local rep pulled up my file. She tells me the car order was auto-canceled on August 8th. She reads me the note from the rep I had spoken with and it said "the owner wants to go back in the queue." I call the Tesla call center and was told that once a car order is canceled, nothing could be done and I could make a new order at the new price. I asked to speak with a supervisor and was told only someone in Fremont could overrule that and I got the Freemont phone number. I call that number and the rep gives me the same reply as before, "sorry, once a car is canceled nothing can be done." I asked to speak with a supervisor and he said I would be called back within 48 hours. I called again in 4 days when I had heard nothing and again was told a supervisor would call me in a few days. Three days later I speak with a rep who again promises a call back in a "few days.". When I call back 3 days after that a rep tells me are too busy and no one is going to call me back. I asked what recourse I had and he had no answer but agreed that I was being screwed.
I would love to present this case in front of a North Carolina jury but I hate getting the legal system involved. What should I do? I am not out to punish Tesla (I have a 2016 Model S and my favorite car ever) but I just want the car at the originally agreed upon price. Would any lawyers out there care to comment on a ball park figure of legal costs?
A lawyer wouldn’t even take that “case”. Because there is no case to be had.

Check your order agreement.

This definitely sucks and so does dealing with Tesla. This is by design. Especially for people who paid for vehicles below current pricing.
 
Upvote 0
The purchase order says that buyers must use arbitration setup by Tesla for any issues… can’t go straight to court unless you want it thrown out at your cost.
These are a bit misleading. There is not a dispute arising under the contract. OPs position would be that Tesla is In breach of the contract and could most likely file. It depends on NC law. Many states have held these mandatory arbitration clauses are unenforceable anyway.
 
Upvote 0
I ordered a Model S in April, 2021. After several false alarms, I got a message this July the car would be delivered on August 1, 2022. This was perfect because on August 5th I would be leaving the country for a month. Then the delivery date got moved back to mid-August. I called a call center and asked if they could hold the car for me, or could my adult son pay and pick it up. The answer to both these questions was no. The rep said I could decline the delivery and she would put me back in the queue, but I wouldn't be at the end of the queue but not at the beginning either. So, I thought I would just have to wait a little longer. What eased the pain was that I ordered the car at a cost of about $86,000 and the current price for the same car was about $105,000.
I leave on my trip and check on my app upon return to find no evidence of an ordered car. I drive to the local dealer in Raleigh, NC, (since it is about impossible to get anyone on the phone) and the local rep pulled up my file. She tells me the car order was auto-canceled on August 8th. She reads me the note from the rep I had spoken with and it said "the owner wants to go back in the queue." I call the Tesla call center and was told that once a car order is canceled, nothing could be done and I could make a new order at the new price. I asked to speak with a supervisor and was told only someone in Fremont could overrule that and I got the Freemont phone number. I call that number and the rep gives me the same reply as before, "sorry, once a car is canceled nothing can be done." I asked to speak with a supervisor and he said I would be called back within 48 hours. I called again in 4 days when I had heard nothing and again was told a supervisor would call me in a few days. Three days later I speak with a rep who again promises a call back in a "few days.". When I call back 3 days after that a rep tells me are too busy and no one is going to call me back. I asked what recourse I had and he had no answer but agreed that I was being screwed.
I would love to present this case in front of a North Carolina jury but I hate getting the legal system involved. What should I do? I am not out to punish Tesla (I have a 2016 Model S and my favorite car ever) but I just want the car at the originally agreed upon price. Would any lawyers out there care to comment on a ball park figure of legal costs?

It’s very fact specific and you can’t get much of answer here.

Ultimately your damages would be $19,000. Many states allow attorney fees for breach cases and this would be why the lawyer would take it.

If you were in Oregon I know plenty of people that would take it on. :)

You should call a consumer protection lawyer in NC. They will give you a better idea if it’s worth pursuing.

If you want the car enough, my advice would be to keep hounding Tesla. I bet they would reinstate your order.

The other quickest option would be to file a small claim for $9,999.99 in NC and allege breach of contract. Tesla will most likely pay you that amount after you file. You can then order another S and you’d be out the $6k difference.
 
Upvote 0
You are left with few options. I was notified of my new Tesla delivery with a window that opened while I was away in Thailand. I was told I had three days to pick up the vehicle once it came in or I would forfeit the vehicle and enter the queue at the new price. I was NOT allowed to pay for it ahead of delivery and I was NOT allowed to have anyone pick it up, even with power of attorney. I commented, "This is my seventh TESLA and this is how I am treated?" And the response was, "SO!" Totally sucks. Fortunately, the MY3P came in at the end of the window and I had just returned the day before. Whew. I am not sure it would be worth the Atty's fees, particularly with TESLA's solid contract outlining arbitration. You might go through arbitration and see what they offer. Unfortunately with so many waiting customers, the current attitude is: "We don't care."
 
Upvote 0
The purchase order says that buyers must use arbitration setup by Tesla for any issues… can’t go straight to court unless you want it thrown out at your cost.
Nope. File in court. Rarely does the mandatory arbitration aspect get enforced.
Either way, I always opt out in writing when I buy my new teslas. I send that letter off to fremont first week certified and with a copy in my files.

That said, in NC, the limit is $10k
 
Upvote 0
Tesla aside



its quite common for many large companies to have their agent/rep for the state that you are in, contact you as soon as they are served with the court papers from small claims, and ask "how can we settle this/make this go away". Easier for them to pay you and shut you up/not talk about it than spend money fighting. Most people never spend the time/effort to go the route of small claims..but those who do..find it can be high reward and minimal risk
 
Upvote 0