Lemon Lawsuit for Model X refund

[182RG]

blacklisting him for future sales regardless of the outcome/settlement if this ever sees the light of a courtroom?

Awfully vindictive and fanboy-ish, don't you think? Is that the type of company you would want support? Seriously?

Other manufacturers would offer a buyback and a deal on a new car (Ford, to name one).

Lemon law cases go to arbitration, impartial arbitration. Isn't that fair enough?

 

[Spidy]

Bingo, his AP complaints won't fly. IT'S ONLY A BETA.
his issues with the doors have some validity

Does it actually state that anywhere apart from when you activate it on the screen? On the Model X order website there is no word about "Beta".
Although rain really is a moot point.

Edit: Oops should have read a bit more. Okay so it's also in the manual.

 

[omarsultan]

Its also important to remember Autopilot is not a single thing, its a collection of features, some of which are production quality and some of which are beta and may (hopefully) eventually evolve to production quality. As long as the manual stipulates which is which, I see no issue with that.

 

[llngoc]

That is probably why he included the breach of warranty, and possibly other, claims.

I am willing to bet that he is a lawyer and probably a short-seller of TSLA too.

 

[ItsNotAboutTheMoney]

Oh come on people. We know that the X was rushed out to avoid _another_ 3 month delay on production that could easily have tipped TSLA and Tesla into a death spiral before they could launch the Model 3.

It shouldn't be a surprise that someone wants to lemon their X. Some of the points might be about "beta" features, but part of that might be loading everything up to ensure that the lemon case is successful.

 

[MichealW]

Oh come on people. We know that the X was rushed out to avoid _another_ 3 month delay on production that could easily have tipped TSLA and Tesla into a death spiral before they could launch the Model 3.

It shouldn't be a surprise that someone wants to lemon their X. Some of the points might be about "beta" features, but part of that might be loading everything up to ensure that the lemon case is successful.

This comment is right on! This car was not ready but they had no choice but to get it out there... My X (P 3**) was so not ready... At least three times more problems than this guy had. It was disheartening but I got on them and they took care of everything. In the end it was all good.

 

[ccutrer]

Oh come on people. We know that the X was rushed out to avoid _another_ 3 month delay on production that could easily have tipped TSLA and Tesla into a death spiral before they could launch the Model 3.

It shouldn't be a surprise that someone wants to lemon their X. Some of the points might be about "beta" features, but part of that might be loading everything up to ensure that the lemon case is successful.

Oh I'm not surprised by a lemon case. Just surprised that his issues seem comparatively benign. If anyone has a right to complain, it's @ModelXBoy.

 

[stopcrazypp]

A lot of his complaints seems like "buyer's remorse" than actual lemon law related. Lemon law is supposed to protect against a specific defective car, not for you not liking how features work in the car (for example his complaints about the doors and autopilot). I get that it might be him just adding more complaints to see what will stick, but it makes his case seem a lot weaker.

 

[omarsultan]

I am not sure its fair to generalize the MX was not ready--we picked ours up on 3/11 and, while we had one uppity FWD sensor, it was fixed in a week and the car has been great since then. The SW in the car seems a work-in-progress, but its stuff that is mostly irritating (like the front doors), not life-threatening. TBH, if I had to revisit my choice between getting my MX sooner (with the risk of buggy SW) or waiting later for more stable SW, I would still choose sooner.

I am not saying there are some folks that don't have a justified Lemon Law case (again @ModelXBoy leaps to mind), but the specifics of this lawsuit seem a bit trivial and contrived.

 

[digicool]

I am willing to bet that he is a lawyer and probably a short-seller of TSLA too.

Or could be just a short seller with enough skin in the game to make the Lemon case worth his time and effort.

 

[electracity]

Sounds like an older buyer with an early model X. Not a good combination.

 

[Ampster]

I think we all agreed to arbitration so a court and jury are likely not an option.

A few years ago I used Lemon Law in California to get a refund on a Toyota. If I recall correctly arbitration is required but is not binding for the customer. My case got settled when Toyota made me an offer that was fair. I was only out of pocket for the mileage up to the first repair incident. My understanding of the arbitration clause was that if I was not satisfied with the result of arbitration I was free to sue. It never got that far.

 

[roblab]

Sounds like an older buyer with an early model X. Not a good combination.

Wait a minnit! I'm an older buyer. I had one of the first Model S. All these teething problems don't bother me at all. This stuff here is irritating to me, because this guy already knows about Tesla, probably reads this forum, and very likely for some other reason, he wants out of his purchase, so he's making a stink about it. There is no "older buyer" in it at all. He probably lost on his short of TSLA and can't afford his purchase. Everybody who knows Tesla (and this guy does) knows that they will take care of the problems, and there aren't any here. I smell a dead rat.

 

[grommet]

What does age have to do with it? The unhappy Model X owner that filed this lawsuit is 38 years old, doesn't really need to worry about money... and already (happily) owns two Teslas (Roadster & Model S).

 

[msnow]

A few years ago I used Lemon Law in California to get a refund on a Toyota. If I recall correctly arbitration is required but is not binding for the customer. My case got settled when Toyota made me an offer that was fair. I was only out of pocket for the mileage up to the first repair incident. My understanding of the arbitration clause was that if I was not satisfied with the result of arbitration I was free to sue. It never got that far.

That is correct. You have to get a decision from the arbitrator first then you are free to pursue further. That would likely mean doing what this guy did, hiring a lawyer and going to court.

 

[182RG]

The "short TSLA" comments really get annoying after a while. I don't think people realize how ridiculous it sounds to even use it in a post.

One guy, lemon-laws his X, and he's going to drive the stock down enough to make money from it? Really people? Almost as ridiculous as believing someone's post on an anonymous forum would drive the stock down, too.

And no, I'm neither short or long TSLA. I'm only one of the many $1,000 unsecured creditors.....

 

[kort677]

What does age have to do with it? The unhappy Model X owner that filed this lawsuit is 38 years old, doesn't really need to worry about money... and already (happily) owns two Teslas (Roadster & Model S).

I don't think "age" refers to his biological age, it refers to his "tesla age"

 

[engle]

According to the media, the owner's name is Barrett Lyon.

I think it's this one:

https://www.linkedin.com/in/blyon

A very impressive individual indeed!

I'm not going to make any comments on his claims...

I don't have the bandwidth, but if someone has the time, they can retrieve the lawsuit from the website for the court where it was filed. It may also be on LEXIS/NEXIS?

One lawsuit of this nature out of some 6,000(?) vehicles sold is 0.01667% which is inconsequential noise.

We were driving slowly around our neighborhood this afternoon checking out neighbor's front doors since we're replacing ours. A neighbor I hadn't seen in ~20 years since we bought our home new was gardening with his wife. He stood up excitedly:

him: Is that the new Tesla?!
me: Yes
him: I didn't realize it was out already? It's looks beautiful. How do you like it?
me: It's amazing! Stop by my house someday to check it out... I leave it on the driveway when it's charging.
him: I will. Thanks!

 

[aesculus]

him: Is that the new Tesla?!

Betcha everything he thought it was the Model 3 he heard so much about lately and just does not know the models.

 

[Tam]

...someone has the time, they can retrieve the lawsuit from the website for the court where it was filed...

Superior Court of California, County of Placer

Search Results

Case No. Case Type Last Name First Name Case Caption Party Type Case Date
S-CV-0037803 Civil Lyon Barrett Lyon, Barrett vs. Tesla Motors Inc., et al. Plaintiff 05/13/2016
S-CV-0037803 Civil Tesla Motors Inc. Lyon, Barrett vs. Tesla Motors Inc., et al. Defendant 05/13/2016