Resolved: FSD Transfer Fight

[arees0921]

Hi Club Members.

I was an early Tesla 3 (Performance) owner and happily kept my 3 until last year when the FSD transfer was announced. It marked a $12k savings which seemed quite good and I used it to buy a S Plaid. I completed the Transfer agreement and had to change my order to a car in inventory so that I could meet Tesla's Sep 30 deadline.

I followed all the requirements of the Transfer and as expected, saw Tesla had removed my 3's FSD about 3 days after I signed the transfer agreement. Upon receiving the S, I noticed that my FSD capability was set to expire on Dec 1 and repeatedly contacted Tesla about this using the "Service" feature within the app. And they repeatedly told me not to worry because on "their side", it showed that FSD capability was part of my package. On Dec 1, or sometime around then, FSD was removed.

I have since contacted Tesla and they are now telling me that I traded in my 3 ahead of taking possession of the S and that violated the agreement because they were no longer able to transfer from the 3 to the S. I told them that is not the case and that they had already removed it from the 3. Then they responded saying I sold it 20 minutes before taking possession. The transfer agreement actually contradicts itself on sequencing but that is beside the point.

This is now a $12k problem and, among other things, devaluation of my S. Has anyone else had issues getting Tesla to honor the FSD transfer? I am going to attempt one last time to get this resolved through a Service Center and if not, I will unfortunately have to get legal support - which I hate to do given the fondness I have for the car and the company.

 

[uscbucsfan]

Did you sell your 3 before taking possession of you MS?

 

[wackojacko]

can you add some dates on when each step happened? it sounds like you said they took FSD off your old car while you still had it. When i did it I still had FSD until I picked up my new one and then it transferred on pickup. I then sold my old car a few days later with just AP on it.

 

[arees0921]

Did you sell your 3 before taking possession of you MS?

Physical possession occurred the same day however we had paid for Tesla the day before. We had planned to pick up the Tesla the day prior but had to move because I could not get the bank to confirm that the payment had been made - which it turned out that it had. Line 6 of the Transfer agreement states that "The forfeiture of Full Self Driving capability on your current vehicle is non-reversible after you take delivery of the new Tesla vehicle, or we remove Full Self Driving capability from your current vehicle, whichever comes first." They had removed FSD from my 3, three days prior to me selling it. Tesla could have transferred it to the new VIN at that time and in fact told me that they had.

 

[arees0921]

can you add some dates on when each step happened? it sounds like you said they took FSD off your old car while you still had it. When i did it I still had FSD until I picked up my new one and then it transferred on pickup. I then sold my old car a few days later with just AP on it.

Sounds like yours worked out. I signed and submitted the transfer agreement on Aug 3. FSD came off the 3 on Aug 8. We purchased and took possession of the S on Aug 10th. We sold the 3 on the 11th.

 

[uscbucsfan]

Physical possession occurred the same day however we had paid for Tesla the day before. We had planned to pick up the Tesla the day prior but had to move because I could not get the bank to confirm that the payment had been made - which it turned out that it had. Line 6 of the Transfer agreement states that "The forfeiture of Full Self Driving capability on your current vehicle is non-reversible after you take delivery of the new Tesla vehicle, or we remove Full Self Driving capability from your current vehicle, whichever comes first." They had removed FSD from my 3, three days prior to me selling it. Tesla could have transferred it to the new VIN at that time and in fact told me that they had.

It sounds to me that you violated rule 1 in that agreement.

Be the legal and registered owner of Tesla vehicle that currently has Full Self Driving capability included at the time of deliver of the new Tesla vehicle.

 

[enemji]

A logical nightmare on Elm Street.

You gave up possession of your FSD enabled vehicle.
The FSD soul had nowhere to go. It is now haunting you as Ghost FSD as neither the new owner of your Model3 nor you have the FSD.

 

[arees0921]

A logical nightmare on Elm Street.

You gave up possession of your FSD enabled vehicle.
The FSD soul had nowhere to go. It is now haunting you as Ghost FSD as neither the new owner of your Model3 nor you have the FSD.

That's correct which I believe presents a problem for Tesla. They could have transferred it and told me that they did. They have come back and said that there was a 20 minute discrepancy that prevented them from 'legally' being able to make the transfer. Whatever that means... 20 minutes??

 

[arees0921]

That's correct which I believe presents a problem for Tesla. They could have transferred it and told me that they did. They have come back and said that there was a 20 minute discrepancy that prevented them from 'legally' being able to make the transfer. Whatever that means... 20 minutes??

In this case, I did not get compensated for the 3 having FSD and my S has been devalued by $12k as a result of not having it. Hmmm

 

[enemji]

In this case, I did not get compensated for the 3 having FSD and my S has been devalued by $12k as a result of not having it. Hmmm

This is turning into SAW. Slashed from all sides

 

[uscbucsfan]

In this case, I did not get compensated for the 3 having FSD and my S has been devalued by $12k as a result of not having it. Hmmm

FSD isn't worth $12k in a used market...closer to $3k, but I understand your point. It's odd. I think you could win in court (maybe), but I also see how what you did technically violated the FSD transfer agreement.

I'd continue to try to escalate with Tesla before going to court.

 

[jjrandorin]

It sounds to me that you violated rule 1 in that agreement.

Be the legal and registered owner of Tesla vehicle that currently has Full Self Driving capability included at the time of deliver of the new Tesla vehicle.

Reading the sequence of events in the OPs story, it seems like it boils down to:

1. OP signed Transfer agreement
2. Tesla removed FSD from existing car (Model 3) 3 days after signing the agreement.
3. After removal of FSD, but BEFORE delivery of Model S, OP sold model 3.

If there was any time when both vehicles were legally in OPs ownership, then this should not be an issue. If there is not any time when both vehicles are in OPs legal possession (not just physical possession), then the OP did not hold up their end of the agreement, at least thats what it looks like.

That's correct which I believe presents a problem for Tesla. They could have transferred it and told me that they did. They have come back and said that there was a 20 minute discrepancy that prevented them from 'legally' being able to make the transfer. Whatever that means... 20 minutes??

In this case, I did not get compensated for the 3 having FSD and my S has been devalued by $12k as a result of not having it. Hmmm

20 minutes, 2 minutes 50 seconds, it really doesnt matter. Either you legally owned the model S before you gave up possession of the model 3 or you didnt. If you did own both cars at once, even temporarily, then you should be able to prove that to Tesla. If you didnt, then it looks like you are out of luck unless they want to good will something.

 

[arees0921]

I did legally own both cars at the same time. I had paid for the S and completed and submitted the registration information before the 3 was sold. That I can prove.

 

[uscbucsfan]

I did legally own both cars at the same time. I had paid for the S and completed and submitted the registration information before the 3 was sold. That I can prove.

You didn't take delivery, though. The agreement specifically states "takes delivery".

And no, submitting payment and being the legal owner are not the same. You can still reject delivery after submitting payment.

 

[arees0921]

FSD isn't worth $12k in a used market...closer to $3k, but I understand your point. It's odd. I think you could win in court (maybe), but I also see how what you did technically violated the FSD transfer agreement.

I'd continue to try to escalate with Tesla before going to court.

It's my intention to try to get them to do the right thing. I even agreed to take a more expensive S in inventory giving up the one I had ordered so ensure I took possession prior to Sep 30.

I appreciate all the feedback. I was really only looking to see if anyone else had either successfully or unsuccessfully executed the transfer.

 

[arees0921]

You didn't take delivery, though. The agreement specifically states "takes delivery".

And no, submitting payment and being the legal owner are not the same. You can still reject delivery after submitting payment.

I can also reject delivery 30 days after taking possession too.

 

[uscbucsfan]

It's my intention to try to get them to do the right thing. I even agreed to take a more expensive S in inventory giving up the one I had ordered so ensure I took possession prior to Sep 30.

I appreciate all the feedback. I was really only looking to see if anyone else had either successfully or unsuccessfully executed the transfer.

Many did, but they had possession of their original Tesla while accepting delivery. That's why your case is odd.

 

[uscbucsfan]

I can also reject delivery 30 days after taking possession too.

That's odd. I was told they did away with that. I had 24 hours on all 3 of my Teslas.

 

[jjrandorin]

That's odd. I was told they did away with that. I had 24 hours on all 3 of my Teslas.

They did away with vehicle returns after delivery a couple years ago or more. The OP is mistaken if they think they could have "rejected" the car after taking delivery, at least in the US (dont know about internationally).

The "must have possession of both cars at the same time" rule seems to be in place to prevent people from advertising a car with FSD, selling that car to someone, then transferring FSD off that car after its out of their ownership. That doesnt look like it was being attempted here, with the information we have at least.

Seems to me that the right thing to do would be for Tesla to transfer it anyway for the OP.

Exceptions in Tesla seem to require extreme escalation, so it may take some pushing by OP if they will even escalate it for them.

 

[DIYPSCM]

They did away with vehicle returns after delivery a couple years ago or more. The OP is mistaken if they think they could have "rejected" the car after taking delivery, at least in the US (dont know about internationally).

When I took possession of my MYP in October they told me I had a week/1000 miles to reject it. Dublin, CA location.