Friends,
In the first 55 days of my new Model S ownership, Tesla had the car in its shop for 38 days over 3 different stays. I custom-ordered the vehicle with every option upgrade included. The loaded car's problems have included 12v battery being dead within 5 days and then somehow dead again the first day I picked it up from the shop, AutoPark failing terribly (jumping out unexpectedly at an angle to hit an object just feet away), Bluetooth not working (no matter whom I call or who calls me, and no matter if car is moving or stopped, AC on or off, etc.), trunk not fully closing, XM freezing and all buttons becoming inoperable, white heated seats only producing the slightest warmth, and several more. I live in Palo Alto and rely on the Palo Alto service center. The service team, led by Service Manager Chris Buller, admitted that Tesla knew its factory had old, dead batteries but installed them anyway. They had me wait almost a week for an appointment even though they knew I was driving around with a trunk that could not shut. They admitted that my white seats will always be at least 20 degrees colder than other colored seats in the S, and all the seats in the X and Model 3. The service technician admitted he could hardly feel any heat in them after five minutes. Rather than giving me any assurances with AutoPark, they encouraged me never to use it again. They admitted they would not be able to fix the Bluetooth or the XM issues. Eventually, as the car spent more time in the shop and Mr. Buller and the Service team made it clear that my car would forever not live up to expectations, I began considering a Lemon law claim here in California. At that time, I had a discussion with Mr. Buller where he promised me a reimbursement of $5,000, plus fixing the damage caused by the AutoPark. I pressured him to put the reimbursement in writing following the call.
He wrote, in pertinent part, "I want to get your Model S ownership experience back on the exciting track it should have started out on, provide you with a reimbursement for the $5000 option package that is consistently causing you dissatisfaction, and reinforce your belief in our product, people and brand... I can also tell you that any check request will take 3-4 weeks from approval to be processed." A few weeks passed, and I checked in with Mr. Buller in a phone call about the progress of the check. He told me I definitely would receive it as promised and that it takes time for the various people to cut the check. Five weeks from the date of the quoted email, I picked up my partially repaired car (given that they quit on repairing so many things) for the third time. After I repeatedly pressed Mr. Buller about the status of the $5,000 check, he admitted that I will not be receiving the check. He said he was overruled by someone above him. I told Mr. Buller that his email was on behalf of Tesla, and it was the company's clear promise to pay me the $5,000 reimbursement. I asked Mr. Buller to put an explanation in writing, and this is all that he would write, "I apologize for not being able to fulfill your request for the 5000 dollar option as noted below" (his original promising email was then included).
When I contested this pathetic explanation, Mr. Buller's supervisor, Jeff Molfino, Regional Service Manager Bay Area South, wrote, in pertinent part, "Our offer to refund $5,000 was conditional on us not being able to provide or restore the features of the Premium Interior Package. Because the features are present and operating as intended, we are not able to provide a refund for that package." Obviously, there was no condition in Mr. Buller's written promise above. Moreover, even if the promise somehow was conditional, many options of the package continue not to work, and Tesla has admitted they will be unable to fix them. Morally, I am incensed that Tesla can go back on its word like this. Legally, as an attorney, I believe I have a clear and strong case for breach of contract. As a former prosecutor, I do not like it when people get screwed over; I take a stand, no matter the effort required.
I am curious if anyone else has had any experience with Tesla reneging on its oral and/or written reimbursement promises? If so, what did you do, and what was the resolution? I am grateful for your time in reading this and all your responses.
In the first 55 days of my new Model S ownership, Tesla had the car in its shop for 38 days over 3 different stays. I custom-ordered the vehicle with every option upgrade included. The loaded car's problems have included 12v battery being dead within 5 days and then somehow dead again the first day I picked it up from the shop, AutoPark failing terribly (jumping out unexpectedly at an angle to hit an object just feet away), Bluetooth not working (no matter whom I call or who calls me, and no matter if car is moving or stopped, AC on or off, etc.), trunk not fully closing, XM freezing and all buttons becoming inoperable, white heated seats only producing the slightest warmth, and several more. I live in Palo Alto and rely on the Palo Alto service center. The service team, led by Service Manager Chris Buller, admitted that Tesla knew its factory had old, dead batteries but installed them anyway. They had me wait almost a week for an appointment even though they knew I was driving around with a trunk that could not shut. They admitted that my white seats will always be at least 20 degrees colder than other colored seats in the S, and all the seats in the X and Model 3. The service technician admitted he could hardly feel any heat in them after five minutes. Rather than giving me any assurances with AutoPark, they encouraged me never to use it again. They admitted they would not be able to fix the Bluetooth or the XM issues. Eventually, as the car spent more time in the shop and Mr. Buller and the Service team made it clear that my car would forever not live up to expectations, I began considering a Lemon law claim here in California. At that time, I had a discussion with Mr. Buller where he promised me a reimbursement of $5,000, plus fixing the damage caused by the AutoPark. I pressured him to put the reimbursement in writing following the call.
He wrote, in pertinent part, "I want to get your Model S ownership experience back on the exciting track it should have started out on, provide you with a reimbursement for the $5000 option package that is consistently causing you dissatisfaction, and reinforce your belief in our product, people and brand... I can also tell you that any check request will take 3-4 weeks from approval to be processed." A few weeks passed, and I checked in with Mr. Buller in a phone call about the progress of the check. He told me I definitely would receive it as promised and that it takes time for the various people to cut the check. Five weeks from the date of the quoted email, I picked up my partially repaired car (given that they quit on repairing so many things) for the third time. After I repeatedly pressed Mr. Buller about the status of the $5,000 check, he admitted that I will not be receiving the check. He said he was overruled by someone above him. I told Mr. Buller that his email was on behalf of Tesla, and it was the company's clear promise to pay me the $5,000 reimbursement. I asked Mr. Buller to put an explanation in writing, and this is all that he would write, "I apologize for not being able to fulfill your request for the 5000 dollar option as noted below" (his original promising email was then included).
When I contested this pathetic explanation, Mr. Buller's supervisor, Jeff Molfino, Regional Service Manager Bay Area South, wrote, in pertinent part, "Our offer to refund $5,000 was conditional on us not being able to provide or restore the features of the Premium Interior Package. Because the features are present and operating as intended, we are not able to provide a refund for that package." Obviously, there was no condition in Mr. Buller's written promise above. Moreover, even if the promise somehow was conditional, many options of the package continue not to work, and Tesla has admitted they will be unable to fix them. Morally, I am incensed that Tesla can go back on its word like this. Legally, as an attorney, I believe I have a clear and strong case for breach of contract. As a former prosecutor, I do not like it when people get screwed over; I take a stand, no matter the effort required.
I am curious if anyone else has had any experience with Tesla reneging on its oral and/or written reimbursement promises? If so, what did you do, and what was the resolution? I am grateful for your time in reading this and all your responses.
