When I hear a client tell me: "fix me problem but you can't litigate' I tell them that I'll spend their money, and make no promises.
You always get a double take - and I tell them - you want me to fix your problem or not?
The agreement everyone signs has a arbitration clause in it- so you can't sue. And any lawyer you lets you play the 'can't litigate game' is wasting your money.
You know how I'd solve this problem?
Call up the SC manager. I'll have photos. I'll offer to send photos to the guy to demonstrate the utter failure of anyone to verify vehicle condition prior to delivery, which is a violation of their internal pre-delivery conditions which are designed to benefit me - the customer.
When I reach him, and send him photos - he was three business days to get back to me with how they intend to fix the problem. Fixing it me taking the car back and starting over with a new vehicle.
If we do not have a resolution, the morning of Day 4 I send an email to "Resolution@Tesla,com' demanding arbitration of the dispute.
This then starts a ten day clock within which they have to get back to me - or - commence an arbitration.
Beginning that arbitration costs Tesla about $1000 in cash, plus, the time of their internal people. They don't want to do that -
Now, we are about 2 weeks into the process. And - either the thing is resolved, or you are in arbitration with an initial review 30 days out - much less time.
You never never never fail to follow through on legal / litigation / arbitration procedures - its the only way to keep pressure on the company to resolve something. Tell me I can't - and I'm spending your money at $400 an hour to write useless emails and other letters. . .