I need Tesla to buy back my M3 because its a lemon

[rafelos1337]

Hello everyone. This post is about my experience with my lemon Tesla model 3 and the service center in Jacksonville Florida. TLDR: everything about getting this car is terrible and I regret ever getting this thing. I am to the point where I am willing to take the financial loss and just trade it in.

First SC trip: 16 March 2020, FSD computer upgrade - 4505 miles on car - 2 week wait - 2 days to complete.

I was given a model S loaner.

Second SC trip: 10 September 2020, A/C no longer blowing cold air - 6330 miles - 3 week wait - 7 days to complete repairs.

I was given a Hertz rental.

Third SC trip: 13 February 2021, LTE connection not working/ no data network - 8103 miles - 4 week wait - 11 days to complete repair.

I was given a Hertz rental.

Fourth SC trip: 16 September 2021, 12v battery alert - 10427 miles - No wait, I drove there and they swapped it out in about 30 min.

Fifth SC trip: 13 December 2021, A/C no longer blowing cold air, repeat issue - 11669 miles - 4 week wait - 22 days to repair.

I was given a Hertz rental

Sixth SC trip: 24 March 2022, A/C no longer blowing cold air, repeat issue - 12571 miles - 5 week wait. - 6 days to repair

I was given Uber credits.

Seventh trip to SC: 9 August 2022, BMS a035 fault - 14875 miles - 3 week wait - 10 days to repair.

I was given nothing. (I have a second car thankfully)

I drive home in the rain, and the next day I noticed in the app that the car was telling me a window was open. Upon inspection the right rear passenger window was slightly down. I opened the door and a liter of water poured out of the door. The window will not go down fully and I have to hold the the window button up to get it to close enough to be closed. Additionally, I have an error stating that I cannot go into A/C keep mode due to a system fault.

A day after picking up my car from the SC I scheduled another SC appointment with a drop off date of September 8th, 2022.

My warranty will expire in Feb of 2023. I am in Florida. I did not do the arbitration letter within 30 days when I got the car. (Didn't know that was a thing.)
Given my situation, is this grounds to get them to buy it back? Does it matter that I have mods like air suspension?
Who do I contact to initiate a buyback? Looking at the owners rights notification document I have to give them a final opportunity to repair. 3 times A/C was worked on but is now "currently" working and I have had so many other issues.
Any info would be great thanks.

 

[shingles]

You should consult an attorney.

FWIW - I don't think you have a lemon case... unfortunately, your car is just an unreliable one. The number of trips to service does not make it a lemon. The definition is specific and each state is different.

A quick google search will lead you to much more information about your state's lemon law.

How The Florida Lemon Law Works | My Florida Legal

myfloridalegal.com

Consumer Pamphlet: Florida’s Motor Vehicle ‘Lemon Law’ – The Florida Bar

www.floridabar.org

etc.

 

[UncertainTimes]

I’m not a lawyer but methinks after owning the car for 2 years and 15k mi doesn’t qualify it as a lemon.

 

[rafelos1337]

Looking at the Florida Lemon Law website it states within the warranty period, and also states 3 times for the same issue as well as more than 30 days in service. Which I have met. Maybe I am not reading it right?

 

[ThomasD]

You should be able to sell it for close to what you paid for it

 

[jjrandorin]

Looking at the Florida Lemon Law website it states within the warranty period, and also states 3 times for the same issue as well as more than 30 days in service. Which I have met. Maybe I am not reading it right?

I suggest looking at the actual receipts from the tesla work and see what they actually say. Speaking in general terms, many times people think they are bringing things in for the same thing, but if the service writer does not put the same thing on there, or its "not able to duplicate" / "no problem found" it wont count toward your "X times same issue".

In any case, Im not a lawyer, so whenever you start thinking about using lemon law for a vehicle, it would be a good idea to get a lawyer who specializes in that involved to let you know if you have a case, etc. You will want all your receipts, print them out if you dont have them.

Personally, since you say "I am willing to take a loss" on this, I would just sell the car, make it someone elses problem, and move onto a different vehicle, whatever brand you desire to get. Used car values are such right now that you wont do to badly on it, especially if you calculate what regular depreciation would normally be, so you can get out now, without lemon struggles, etc.

TL ; DR -- sell it to someplace like carmax / carvana / givemethevin or some other such large volume aggregator, and get something else.

one other note, because I have been accused that saying "sell the car" is insensitive. I am making this suggestion because:

1. You are already looking at trying to lemon the car.
2. I dont think people should be unhappy with their vehicle, when its a relatively easy fix to remedy that by moving to something else.

its not ment as "take it or leave it" its ment as "no one should have to suffer through a poor experience when they are fed up, life is too short to hate your car".

 

[rafelos1337]

I suggest looking at the actual receipts from the tesla work and see what they actually say. Speaking in general terms, many times people think they are bringing things in for the same thing, but if the service writer does not put the same thing on there, or its "not able to duplicate" / "no problem found" it wont count toward your "X times same issue".

In any case, Im not a lawyer, so whenever you start thinking about using lemon law for a vehicle, it would be a good idea to get a lawyer who specializes in that involved to let you know if you have a case, etc. You will want all your receipts, print them out if you dont have them.

Personally, since you say "I am willing to take a loss" on this, I would just sell the car, make it someone elses problem, and move onto a different vehicle, whatever brand you desire to get. Used car values are such right now that you wont do to badly on it, especially if you calculate what regular depreciation would normally be, so you can get out now, without lemon struggles, etc.

TL ; DR -- sell it to someplace like carmax / carvana / givemethevin or some other such large volume aggregator, and get something else.

one other note, because I have been accused that saying "sell the car" is insensitive. I am making this suggestion because:

1. You are already looking at trying to lemon the car.
2. I dont think people should be unhappy with their vehicle, when its a relatively easy fix to remedy that by moving to something else.

its not ment as "take it or leave it" its ment as "no one should have to suffer through a poor experience when they are fed up, life is too short to hate your car".

You are correct. Turning it in to Carmax is probably my best bet. As for the A/C issues, each time it went in the replaced a few things. At this point its a whole new system.

 

[snorlax]

Hello everyone. This post is about my experience with my lemon Tesla model 3 and the service center in Jacksonville Florida. TLDR: everything about getting this car is terrible and I regret ever getting this thing. I am to the point where I am willing to take the financial loss and just trade it in.

First SC trip: 16 March 2020, FSD computer upgrade - 4505 miles on car - 2 week wait - 2 days to complete.

I was given a model S loaner.

Second SC trip: 10 September 2020, A/C no longer blowing cold air - 6330 miles - 3 week wait - 7 days to complete repairs.

I was given a Hertz rental.

Third SC trip: 13 February 2021, LTE connection not working/ no data network - 8103 miles - 4 week wait - 11 days to complete repair.

I was given a Hertz rental.

Fourth SC trip: 16 September 2021, 12v battery alert - 10427 miles - No wait, I drove there and they swapped it out in about 30 min.

Fifth SC trip: 13 December 2021, A/C no longer blowing cold air, repeat issue - 11669 miles - 4 week wait - 22 days to repair.

I was given a Hertz rental

Sixth SC trip: 24 March 2022, A/C no longer blowing cold air, repeat issue - 12571 miles - 5 week wait. - 6 days to repair

I was given Uber credits.

Seventh trip to SC: 9 August 2022, BMS a035 fault - 14875 miles - 3 week wait - 10 days to repair.

I was given nothing. (I have a second car thankfully)

I drive home in the rain, and the next day I noticed in the app that the car was telling me a window was open. Upon inspection the right rear passenger window was slightly down. I opened the door and a liter of water poured out of the door. The window will not go down fully and I have to hold the the window button up to get it to close enough to be closed. Additionally, I have an error stating that I cannot go into A/C keep mode due to a system fault.

A day after picking up my car from the SC I scheduled another SC appointment with a drop off date of September 8th, 2022.

My warranty will expire in Feb of 2023. I am in Florida. I did not do the arbitration letter within 30 days when I got the car. (Didn't know that was a thing.)
Given my situation, is this grounds to get them to buy it back? Does it matter that I have mods like air suspension?
Who do I contact to initiate a buyback? Looking at the owners rights notification document I have to give them a final opportunity to repair. 3 times A/C was worked on but is now "currently" working and I have had so many other issues.
Any info would be great thanks.

I know this thread is a bit old, but placed an order recently in Florida and was curious about this 30 day window you mention for an arbitration letter.

 

[jjrandorin]

I know this thread is a bit old, but placed an order recently in Florida and was curious about this 30 day window you mention for an arbitration letter.

I suggest reading through the information Tesla has about opting out of arbitration, if that is something you are considering doing:

Tesla Demand Response Terms of Service | Tesla Support

Tesla Demand Response Terms of Service 1.

www.tesla.com

7. ARBITRATION​

PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.

Please carefully read this provision, which applies to any dispute between you and Tesla, Inc. and its affiliates (together “Tesla”).

If you have a concern or dispute, please send a written notice describing it and your desired resolution to [email protected].

If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Tesla will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.

We will pay all AAA fees for any arbitration, which will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.

The arbitrator may only resolve disputes between you and Tesla and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing Tesla products. In other words, you and Tesla may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.

If you prefer, you may instead take an individual dispute to small claims court.

You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Tesla, Inc.; P.O. Box 15430; Fremont, CA 94539-7970, stating your name, product, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.