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Do I lawyer up?

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?
 

Zalick

Member
Supporting Member
Jun 19, 2022
152
120
Oregon
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
Exactly. I’ve done this a few times myself and it’s always gotten the result I wanted.
 
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2101Guy

Active Member
Jan 6, 2020
4,275
6,500
USA
This sounds like one of those cases where the only person that wins is the lawyer.
thats the beauty of small claims. In many (most?) states, plaintiff defends his/herself, and defendant cant be repped by a lawyer. Small claims is Very informal. And cheap to file/have the defendant served. Fill out a form, pay the fee, show up in court. So near zero risk and tons of reward potential

However, in at least 3 cases of a guy I know who filed against major companies(including two car makers) over just the past few years? 100% of the time, as soon as their state agent/rep gets served? Within days he had gotten a phone call asking "how can we settle this/make it go away". And the cases got resolved. To his satisfaction. Never even went to court.

WAY cheaper for them to settle and require that you not disclose details Than for them to fight it in court, lose, have to pay you, AND you then go and tell the world about it/set the precedent....


Disclaimer: *None of the above is to be represented as any experience I have had with Tesla corporation
 
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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?
Wow!
This is an awful story. I would definitely look through the terms you signed off on when you bought the car before, you obligate yourself to pay legal fees. I have never heard of such a story where Tesla decides to cancel an order out of the blue.

I am sorry this happened to you, friend!
 
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Wow!
This is an awful story. I would definitely look through the terms you signed off on when you bought the car before, you obligate yourself to pay legal fees. I have never heard of such a story where Tesla decides to cancel an order out of the blue.

I am sorry this happened to you, friend!
Sadly there are a couple in the Model X waiting room. It def happens usually through a misunderstanding problem is Tesla seems to not be able to reinstate a canceled order and ppl have to pay higher prices.
 
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