Lemon law model 3

[nati]

I have a model 3 I bought in March 2020. I barely drive and I only have 20,000 miles on my car.

In September 2022 I started to have an issue with the passenger seatbelt harness system.
In November 2023 the issue occurred again.
In February 2024 it happens again.

From I understand, from California lemon law, for l am qualified for a buy back from Tesla since they failed to address a safety issue more than two times in a period of 18 months.

Someone tried to use the lemon law in CA?
Do I need artery for that?

 

[jmaddr]

I'm not an expert in lemon law in CA, but a quick google search says you need to be within 18 months or 18k miles. You are over on both. Check with a layer first though.

 

[nati]

I checked that, and the 18 months/18K aren't a limit.
I was actually within the 18K miles when the issue started.
Let me quote from a law maker I found on google:

It is a common misconception that consumers are only protected under California’s Lemon Law if the vehicle’s defect occurred within the first 18 months or first 18,000 miles of the vehicle’s original or extended warranty, issued by the manufacturer, the dealer, or in the form of a service contract. Consumers still qualify for protection throughout the entirety of their vehicle’s warranty period.. ‘Presumption’ is a special circumstance within the wider scope of California’s Lemon Law protection that states: If the vehicle’s defects came to light within the first 18 months or 18,000 miles (whichever came first), and the consumer made numerous repair attempts that did not resolve the defect, then presumption comes into play. In Lemon Law, presumption means that the dealer or manufacturer, not the consumer, must bear the burden of proof. In other words, normally the consumer would be responsible for proving that they were sold a lemon, but if the vehicle is still un-fixable after numerous repair attempts—occurring within those first 18 months or 18,000 miles—then the manufacturer or dealer is now responsible to prove that they did not sell the consumer a lemon. If a vehicle meets the qualifications for presumption, then it is presumed that the consumer was sold a lemon unless the dealer or manufacturer can prove otherwise. This shifting of the burden of proof from the consumer to dealer/manufacturer offers some more protection for the consumer under California’s Lemon Law.


Even consumers that do not qualify for presumption are still protected by the law outside of that 18-month/18,000 mile period, as long as their vehicles were under warranty. Though those consumers do not qualify for presumption specifically, they are still entitled to protection under California’s Lemon Law, and may even be entitled to a refund or a vehicle replacement.

 

[EVRider-FL]

What specifically is the issue with the passenger seatbelt harness system?

 

[nati]

If anyone interested, I called the customer service and asking for Lemon escalation.
A representative called me back after few days saying that he transfer my case to the team that handles lemon law.
Within a week he got back to me with the fact that Tesla approve the buyback.
A week passed and they got back to me with the purchase amount.
In my case, the first appears what less than 10K miles, so I am only paying a deduction of ~$4K$ for the usage.

I approved that, and they start doing the paperworks.