Refreshed 2021+ Model X and Model X Plaid waiting room

[tintedrosie]

So, eventually, everyone, except stupid me, is going to switch to Plaid. Then when production finally switches to LR... surprise, surprise, I will be the only one accepting the order... All of the other orders are going to vanish.... Pfffffftttt...

No way I am paying extra for plaid. I mean, it’s fun and cool in theory, but there’s speed limits and I don’t really have time to go drive at a track or anything. That’s just me though, so I guess we’ll wait until we’re old and decrepit together.

 

[Edtreo]

No way I am paying extra for plaid. I mean, it’s fun and cool in theory, but there’s speed limits and I don’t really have time to go drive at a track or anything. That’s just me though, so I guess we’ll wait until we’re old and decrepit together.

No worries, by that time FSD will drive you around.

 

[tintedrosie]

At least my neighbors can't see mine and can't laugh at me

2 of my neighbors got their 2020 Xs in December ‘20. Decided to order mine January 23, 2021 and now they keep rubbing at me about my “fake order” because it’s still not here.

 

[sorka]

Blatantly stating that 5/7 is better than 6 is ridiculous. We chose the captain chairs and chose to order 6 seats. Some people don’t care to fold down all the seats once a year.

Apparently, I forgot the sarcasm emoji. I agree *some* will prefer non-foldable captain's chairs.

 

[sorka]

Actually, it likely does. The legal principle of inducement can be used. The argument in favor of recovery is that Tesla used a promise of delivery before year end to induce a customer to upgrade to the 6 seat variation at an increased price. Tesla failed to deliver on its commitment then allowed other customers to accelerate their delivery without paying the price increase - while still failing to fulfill the order of the initial customer. Yes, it's all verbal but in a small claims court that likely won't matter much. And if the other party doesn't show up, then it's literally "your word against theirs" ... and they won't be saying anything.

I agree that if you could PROVE that argument that it would be grounds for recovering your $100 order fee.

 

[sorka]

No way I am paying extra for plaid. I mean, it’s fun and cool in theory, but there’s speed limits and I don’t really have time to go drive at a track or anything. That’s just me though, so I guess we’ll wait until we’re old and decrepit together.

I've enjoyed the full acceleration of my P85DL for years and never once took it to a track or got pulled over for speeding.

 

[Trappo]

What option do you have? You could change to LR like I did after getting the call. 6 seats just doesn’t work for us.

What pricing did they use to downgrade?

 

[greidy]

Congratulations! At this point I'd be willing to pick up my X at Fremont and drive it back to Atlanta.

Flight Attendant: So what brings you to San Francisco? Family?
ME: BUSINESS! (walks off plane)

I looked into this. You’d have to pay for the full CA sales tax for Alameda County CA and then when you brought it back to Georgia you’d pay another 6% in ad valorem taxes. Good stuff.

 

[focher]

The problem with this argument is that you already know all of this and still proceed to accept delivery. If the plaintiff is unhappy with the deal, they could walk away right? Not take delivery. By taking delivery, in my mind is that you are accepting the price. They induced you to upgrade but when they didn't deliver, you could've asked for your money back or switch back to a 5/7 seater. Instead the plaintiff would be keeping the 6, getting deliveries before other 5 and 7 seaters and then going to court complaining that others got a 6 seater for free.

I understand that it is unfair, but still sounds like there is very little legal argument that Tesla owes the plaintiff if they take delivery of the vehicle as a 6 seater.

Well, yeah, sure. Tesla could respond with that argument … if they show up.

However, there’s a big problem with the argument. Failing to fulfill your obligations under a contract doesn’t let you just unwind the contract. Otherwise, lots of parties would just not fulfill their obligations. Tesla would like respond that your sole remedy is to cancel the order, but there plenty of reliance at play which makes that a poor argument. Waiting almost a full year and choosing not to purchase another vehicle means you relied on Tesla‘s promise to sell you a Model X. And Tesla’s constant missed estimated delivery dates just reinforces that they kept making promises that they weren’t keeping.

The fact that someone took delivery probably doesn’t make much difference. It doesn’t automatically mean they accepted all of the implicit conditions that were created by the other party. The other party can still be in breach. If you are buying a house and the other party breaches the contract by not signing over title in time doesn’t mean that they aren’t still liable for any damages when they ultimately do sign it over.

That’s how I would argue it. But I also intentionally chose not to accept a 6 seat upgrade on my LR under the promise that I would receive the X before the end of 2021. Doesn’t mean those who did weren’t mislead - unintentionally or not - to agree to a change.

 

[JER85]

No way I am paying extra for plaid. I mean, it’s fun and cool in theory, but there’s speed limits and I don’t really have time to go drive at a track or anything. That’s just me though, so I guess we’ll wait until we’re old and decrepit together.

Oh but it's so satisfying to smoke that Porsche/BMW/Ferrari/Corvette at the light with a 6 passenger family SUV, and see the look of pure shock and shame on their face.... There's no other feeling like it.

 

[greidy]

Oh but it's so satisfying to smoke that Porsche/BMW/Ferrari/Corvette at the light with a 6 passenger family SUV, and see the look of pure shock and shame on their face.... There's no other feeling like it.

I like how Aston Martin just announced that their DBX707 is the “world’s most powerful SUV” with 707 HP and a 3.5s 0-60 time. My (hopefully someday) X Plaid will respectfully disagree with that assessment.

 

[mr-dmitry]

How much can one make on selling a brand new Model X in addition to the price difference with the latest official price?

 

[MusingLee]

I looked into this. You’d have to pay for the full CA sales tax for Alameda County CA and then when you brought it back to Georgia you’d pay another 6% in ad valorem taxes. Good stuff.

So I’d be double “stuffed”

 

[sorka]

I like how Aston Martin just announced that their DBX707 is the “world’s most powerful SUV” with 707 HP and a 3.5s 0-60 time. My (hopefully someday) X Plaid will respectfully disagree with that assessment.

The MXP will snack on these like a bowl of cheez-its

 

[KidsEyeDr]

This is the law in California. The front license plate is required.

You don’t have to drill holes. Like @tiltedrubber said, there are no-drilling required license plate mounts.

 

[outie]

What pricing did they use to downgrade?

Current pricing, which is more than what I would’ve paid if I ordered a LR in the first place. Yea, big rippoff.

 

[cwang089]

Well, yeah, sure. Tesla could respond with that argument … if they show up.

However, there’s a big problem with the argument. Failing to fulfill your obligations under a contract doesn’t let you just unwind the contract. Otherwise, lots of parties would just not fulfill their obligations. Tesla would like respond that your sole remedy is to cancel the order, but there plenty of reliance at play which makes that a poor argument. Waiting almost a full year and choosing not to purchase another vehicle means you relied on Tesla‘s promise to sell you a Model X. And Tesla’s constant missed estimated delivery dates just reinforces that they kept making promises that they weren’t keeping.

The fact that someone took delivery probably doesn’t make much difference. It doesn’t automatically mean they accepted all of the implicit conditions that were created by the other party. The other party can still be in breach. If you are buying a house and the other party breaches the contract by not signing over title in time doesn’t mean that they aren’t still liable for any damages when they ultimately do sign it over.

That’s how I would argue it. But I also intentionally chose not to accept a 6 seat upgrade on my LR under the promise that I would receive the X before the end of 2021. Doesn’t mean those who did weren’t mislead - unintentionally or not - to agree to a change.

What part of the contract did they breach? The estimated delivery date is estimated. Again, I understand the frustration. But I don't think Tesla has any legal obligation to give out free upgrades for the 6 seater if the customer made the choice to pay $6,500 for the 6 seater to get the car sooner. Is there any documentation that shows that Tesla promised a December delivery if FLScubaDiver upgraded to a 6? Maybe if there is proof, you can say they breached that. And if you have the Plaid, you can say there was no option to roll back to a 5/7 as it was no longer offered

 

[KidsEyeDr]

VIN’d 1/4

Called 1/5, said car was in final stages of inspection. Will be ready for delivery within next couple of days.

EDD 1/19-1/23, then updated EDD every day until Tuesday of last week.

Got text to schedule delivery. Shifted schedule and a planned trip around to make sure I’m available.

Delivery scheduled for 1/29.

Paid in full 1/28 after receiving text stating car is scheduled for delivery tomorrow morning and will get a text when on its way.

Received text 2 hours later stating scheduled prematurely and car is still in inspection. “Can’t cancel or reverse payment otherwise it will cancel order”

Called today and said “car is still not ready, possibly in a few days, can’t see much information”

Why even assign a VIN to me?

Sooo this actually could be a a learning point for all of us: do not pay until you personally see the car on the lot ready to be delivered to you.

When they ask you to pay, say “I’m on my way.”

 

[tintedrosie]

I've enjoyed the full acceleration of my P85DL for years and never once took it to a track or got pulled over for speeding.

You have way better luck than I do!

 

[BamaATL]

Sooo this actually could be a a learning point for all of us: do not pay until you personally see the car on the lot ready to be delivered to you.

When they ask you to pay, say “I’m on my way.”

Or, “I’m in the final stages of payment”.