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Tesla Sold Me A Wrecked M3 As New

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Dude...took your advice. Autocheck had the actual case number. So I did some digging and found out it was Harris County Sheriffs Office that filed the report. Went to the TXDOT website, purchased the State Accident Report. Unbelievable.

View attachment 839735
Minor damage to the building. The vehicle damage rating was 12-FD-3. Which by the state of Texas resembles something close to these two images.

1660246389564.png
 
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Minor damage to the building. The vehicle damage rating was 12-FD-3. Which by the state of Texas resembles the ballpark of these two images.

View attachment 839744
The way I look at it, it would be between these two images:

1660246889817.png


So it could be fairly minor damage and under the limit. Did the Autocheck report list that multiple airbags went off or is that just Carfax?

edit: actually the two images on a line are of the same damage level:
1660247172395.png


So they are examples of damage of FD-2 and FD-4. Meaning that it is somewhere between the two. (Less than the bottom set, more than the top set.)
 
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The way I look at it, it would be between these two images:

View attachment 839746

So it could be fairly minor damage and under the limit. Did the Autocheck report list that multiple airbags went off or is that just Carfax?
Yes, according to the damage scale it can have a 3 number range. Autocheck and Carfax reported airbag deployment. The Crash report filled out by the officer also listed code number 5, which means multiple airbags deployed.
 
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Dude...took your advice. Autocheck had the actual case number. So I did some digging and found out it was Harris County Sheriffs Office that filed the report. Went to the TXDOT website, purchased the State Accident Report. Unbelievable.

View attachment 839735
OT: I have to question the statement from the driver. It seems like it can't be accurate as if you don't have the seat belt on and open the door it shifts into park automatically. (Unless you are still depressing the accelerator when you open the door.) So she more than likely nailed the accelerator instead of the brake when she wanted to stop.
 
It seems like Texas doesn't have a specific law/requirement for disclosure: https://www.justanswer.com/consumer...sclosed if repair costs exceed certain amount.

Texas doesn't have a per se law that dealers have to disclose if a new vehicle was damaged like most other states do.

Some states make it mandatory that a dealership must inform the prospective buyer of any damages, or if the damage is "material", and others if the new car damage must be disclosed if repair costs exceed certain amount.

If the information about prior damage is “material” information, then there is potential liability for non-disclosure under the Texas Deceptive Trade Practices Act (DTPA). You won’t find a law that specifically refers to legal requirements regarding disclosure of prior damage or frame damage to a motor vehicle.

But that clearly would have been material for any purchaser, especially since it ended up on the Carfax type reports.
 
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It seems like Texas doesn't have a specific law/requirement for disclosure: https://www.justanswer.com/consumer-protection-law/7nri7-sold-new-car-texas-door-skin.html#:~:text=Texas doesn't have a per se law that,be disclosed if repair costs exceed certain amount.



But that clearly would have been material for any purchaser, especially since it ended up on the Carfax type reports.
Will be interesting to find out how the law apply to Tesla in Texas, since legally it is not a dealership and they are not allowed to sell directly to Texan.
 
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Then it has to be from Fremont California. This is what is on my 553-TX-ARB-e Sales Contract.

View attachment 839788
So it would seem that the California requirements would apply: 2010 California Code :: Vehicle Code :: Chapter 4. Disclosure Of Damage

9990. For purposes of this chapter, damage sustained by a motor
vehicle is material under any of the following circumstances:
(a) The damage required repairs having a value, including parts
and labor calculated at the repairer's cost, exceeding 3 percent of
the manufacturer's suggested retail price of the vehicle or five
hundred dollars ($500), whichever is greater. The replacement of
damaged or stolen components, excluding the cost of repainting or
refinishing those components, if replaced by the installation of new
original manufacturer's equipment, parts, or accessories that are
bolted or otherwise attached as a unit to the vehicle, including, but
not limited to, the hood, bumpers, fenders, mechanical parts,
instrument panels, moldings, glass, tires, wheels, and electronic
instruments, shall be excluded from the damage calculation, except
that any damage having a cumulative repair or replacement value which
exceeds 10 percent of the manufacturer's suggested retail price of
the vehicle shall be deemed material.
(b) The damage was to the frame or drive train of the motor
vehicle.
(c) The damage occurred in connection with a theft of the entire
vehicle.
(d) The damage was to the suspension of the vehicle requiring
repairs other than wheel balancing or alignment.

It sounds like the cost of parts pretty much aren't included unless the cost exceeds 10% of the MSRP. (And if they ordered pre-painted parts from that factory the paint cost might not be included either.)

So did the damage cost more than 3% of the MSRP for painting and labor? Or was the suspension damaged that required more than alignment?
 
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Glad I could help on this one. It certainly is getting interesting. The accident statement is definitely suspicious as getting out of the car moves you away from the pedal and the car would have auto parked itself with the door open and seat belt off. That's beside the point though. Its pretty clear the car had significant damage and it would have been a significant cost to repair even for Tesla.

Did you drive to Fremont to get the car or did they deliver it to you in Texas?
 
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So it would seem that the California requirements would apply: 2010 California Code :: Vehicle Code :: Chapter 4. Disclosure Of Damage



It sounds like the cost of parts pretty much aren't included unless the cost exceeds 10% of the MSRP. (And if they ordered pre-painted parts from that factory the paint cost might not be included either.)

So did the damage cost more than 3% of the MSRP for painting and labor? Or was the suspension damaged that required more than alignment?

I mean if the airbags deployed it would certainly go over the 3% replacing panels, airbag etc.
 
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