-
Want to remove ads? Register an account and login to see fewer ads, and become a Supporting Member to remove almost all ads.
Lemon law buyback successes without having opted out of arbitration?
- Thread starter sorka
- Start date
rpo
Member
Doesn't matter in CA if you opt out or not. The state law allowing you to sue if you have a lemon takes precedence over anything Tesla puts in the contract. Plus, you can call the main Tesla # and ask for the buyback team because you have a lemon. I've read of success stories doing that and skipping the lawsuit/arbitration.
Do you have a source or reference for this? This article seems to imply that this is not the case Forced Arbitration Locks Consumers Out of Court
rpo
Member
I just chose the service, vehicle, and supercharging support option when calling 877 798 3752 and told the rep I wanted to escalate an issue to the buyback team. If you don't get anywhere dealing with them directly, then you can go through arbitration or hire an attorney (and Tesla has to pay for your attorney too).
You can also escalate this by sending your buyback demand request to [email protected], which is what your purchase agreement says to do anyways.
You'll get an automated response fairly quickly that states if this a legal matter, Tesla will be in contact with you shortly.
You'll get an automated response fairly quickly that states if this a legal matter, Tesla will be in contact with you shortly.
I successfully had a buyback from Tesla in 2018 in New Jersey. After they dragged their feet for months, the only way that I could get things moving quickly was to submit the Lemon Law case to my state's Lemon Law Unit. It was almost five years ago, so I'm unsure of if Tesla learned anything from the process and is handling it differently now.
I filed arbitration and submitted evidence that I didnot purchase any Beta car (Autowiper issue - 6 times with medical condition, phantom braking - 5 times , rear seats - 5times.).
But Tesla arguing autowiper and autopilot are Beta and rear seat issue as miscommunication due to service center changes. They didnot submit any written proof about Beta but verbally strong to counter attack in arguments. I am not sure if arbitration decides in my favor.
I may need attorney to counter argument with Tesla. So can you help with reliable and reasonable lemon law attorney in California.
(I tried to contact one law firm which asked for $10k after settlement and also open ended document fees.)
But Tesla arguing autowiper and autopilot are Beta and rear seat issue as miscommunication due to service center changes. They didnot submit any written proof about Beta but verbally strong to counter attack in arguments. I am not sure if arbitration decides in my favor.
I may need attorney to counter argument with Tesla. So can you help with reliable and reasonable lemon law attorney in California.
(I tried to contact one law firm which asked for $10k after settlement and also open ended document fees.)
rpo
Member
Actually in California opting in/out of arbitration does not matter - Tesla will file a motion with the court overseeing the lemon law case to move it to arbitration regardless if you opted in or out, and the lemon law attorney will file a counter to that motion to request the case remain with the court. There will be a hearing, and the judge will decide whether or not the case moves to arbitration or not. The arbitration process, when forced on an unwilling consumer, usurps the legislature's privilege to protect consumers from corporate malfeasance and bad products, so there is a strong argument to keep the case with the court, notwithstanding the tears and cries of Tesla fanboys who feign horror at the thought of suing Tesla.
Having just completed a successful buyback on my MXP with Tesla and having talked to multiple lawyers prior to picking the firm I did about the implications of opting out vs not opting out, your statement about being forced into arbitration if the consumer opts out within their 30 day window after purchasing is 100% FALSE. If you DON'T opt out, your attorney may be successful in keeping the case out of arbitration. If you do opt out, then it's not even an issue.
Would you care to share any sources that backup your claim?
what lemon law firm did you end up using? Thinking about filing for my '22 X Plaid in CA.
jbeezely4051
Member
I’m in California. Just finished arbitration for the yoke issues. Arbitration ruled in our favor. Tesla bought it back last month. We got paid basically everything since our first reported issue is when we barely put any miles on it. They paid EVERYthing. Including all the accessories we purchased.
Have no idea what everyone is talking about opting in or out of anything. It doesn’t matter. In the state of cali, and with Tesla specifically, you are required to go to arbitration first. The instructions are simple and straightforward. And if I remember correctly, from the time you submit the complain online. It’s like 4 weeks for a decision to be made.
Advice - document everything.
The ruling took about 2 weeks once the deadline for Tesla and I submitted all of our evidence. Tesla is sneaky. I don’t know if they remote logged into our car. But they told the arbitrator a bunch of details about how many miles we were driving and that the yoke isn’t a safety issue because if it was, we wouldn’t be driving the car.
Anyways, arbitrators in California don’t put up with bs. All I did was show them videos of the issue. And all the documented appointments. And they emailed me back and said the decision was unanimous. Boom.
Have no idea what everyone is talking about opting in or out of anything. It doesn’t matter. In the state of cali, and with Tesla specifically, you are required to go to arbitration first. The instructions are simple and straightforward. And if I remember correctly, from the time you submit the complain online. It’s like 4 weeks for a decision to be made.
Advice - document everything.
The ruling took about 2 weeks once the deadline for Tesla and I submitted all of our evidence. Tesla is sneaky. I don’t know if they remote logged into our car. But they told the arbitrator a bunch of details about how many miles we were driving and that the yoke isn’t a safety issue because if it was, we wouldn’t be driving the car.
Anyways, arbitrators in California don’t put up with bs. All I did was show them videos of the issue. And all the documented appointments. And they emailed me back and said the decision was unanimous. Boom.
jbeezely4051
Member
You don’t use lawyers for lemons in California. And if you fail to win over the arbitrators in California. I guarantee you will lose with lawyers.
The arbitration judge is paid by Tesla. They usually rule in Teslas favor but not 100% of the time. Your odds in civil court are a lot better and have a higher chance of settling first if you opted out of arbitration within 30 days of purchase.
jbeezely4051
Member
I’ve won two arbitrations. One with Land Rover. And one with Tesla. Certainly not luck. As long as you meet the lemon law requirements, you will win 99% of the time without having to waste your time in civil court and pay any lawyers or firms any money.
If anyone wants help, just DM me.
Here’s the link for Tesla cdsp.
https://www.dca.ca.gov/acp/pdf_files/tesla_disclosure.pdf
Now I’ll caveat that with, if you are in a grey area, lawyering up definitely is a path for you.
Similar threads
