Model S Lemon California

[Danoush100]

My advice based on my experience is to hire an attorney and do not fall for Tesla lemon buy back by calling Tesla direct. So I have a 2021 Model S that I bought used in 2021 ( because back then the wait to buy new was long).The car had 20000 mile on it when I bought . I just hit 50K mile mark and the car is now out of warranty . The car has been in service for four times for the same reason ( front driver side half shaft replacement ) . I called Tesla last month and started their process in the Hope of getting the car replaced . They played a game of trying to delay and they refused to even call back. After numerous calls and request for manager call back, I finally got a call back from Tesla manager in Long Beach and I have been told that since I bought the car used , The lemon law buyback program does not apply. They are incorrect in that , the lemon law still has to apply if the car is purchased from a dealer . I bought a car from a non Tesla used car dealer. I am in the process of hiring an attorney but wanted to see your suggestion of how to proceed ?

I have been told by friends not to go through arbitration because arbiters usually back ups manufacturers because at the end of the day manufacturers pay for arbitration cost.

 

[jjrandorin]

I wasnt aware that used cars that were purchased with 20k miles on them, then repaired because of an accident after that, were subject to CA lemon law rules. you have more information around how that might work?

 

[vcor]

My reading of the CA Lemon law is more narrow for a used car and does not cover a vehicle once out of warranty. I have the feeling you're going to spend a lot of money with lawyers for zero return. I'm not a lawyer, and I'm sure some lawyer will be happy to take your money. If you can get one to work strictly on the results, that would be a good indication you have a valid case. Might be worth it to read the Lemon law really carefully to see how it could apply, but I'm not hopeful. I hope it works out for you.

If you succeed at getting the lemon law to work, it does not require a buyback but could be repaired at the dealer/manufacturer's choice.

Another complication is figuring out who is responsible. It's not clear from what I read if the dealer you bought it from or Tesla is responsible.

 

[DerbyDave]

In Kentucky, Lemon Law is only for new cars. Used Cars are generally considered "Buyer Beware".

 

[ucmndd]

You’re chasing your tail on this. Just sell the car if you don’t want it.

 

[patrick40363]

My advice based on my experience is to hire an attorney and do not fall for Tesla lemon buy back by calling Tesla direct. So I have a 2021 Model S that I bought used in 2021 ( because back then the wait to buy new was long).The car had 20000 mile on it when I bought . I just hit 50K mile mark and the car is now out of warranty . The car has been in service for four times for the same reason ( front driver side half shaft replacement ) . I called Tesla last month and started their process in the Hope of getting the car replaced . They played a game of trying to delay and they refused to even call back. After numerous calls and request for manager call back, I finally got a call back from Tesla manager in Long Beach and I have been told that since I bought the car used , The lemon law buyback program does not apply. They are incorrect in that , the lemon law still has to apply if the car is purchased from a dealer . I bought a car from a non Tesla used car dealer. I am in the process of hiring an attorney but wanted to see your suggestion of how to proceed ?

I have been told by friends not to go through arbitration because arbiters usually back ups manufacturers because at the end of the day manufacturers pay for arbitration cost.

Lemon law will not apply to your car.

 

[DerbyDave]

Wow, I looked it up, and there are some conditions in California that Lemon Law applies to Used Car.

California’s lemon law for used cars protects a buyer who has purchased a used car, under warranty, that is defective or cannot be repaired after a reasonable number of attempts.

You must have bought the vehicle from a dealer or retailer, not an individual. Plus, the car must have a warranty to qualify under California’s lemon law.

Under California’s used car lemon laws, a manufacturer or dealer must repurchase or repair the vehicle if it has a significant defect or cannot be repaired within a reasonable number of repair attempts.

The manufacturer or dealer must pay your attorney fees, costs, and in some certain situations, civil penalties if the manufacturer willfully tries to evade the lemon law.

 

[jjrandorin]

Wow, I looked it up, and there are some conditions in California that Lemon Law applies to Used Car.

California’s lemon law for used cars protects a buyer who has purchased a used car, under warranty, that is defective or cannot be repaired after a reasonable number of attempts.

You must have bought the vehicle from a dealer or retailer, not an individual. Plus, the car must have a warranty to qualify under California’s lemon law.

Under California’s used car lemon laws, a manufacturer or dealer must repurchase or repair the vehicle if it has a significant defect or cannot be repaired within a reasonable number of repair attempts.

The manufacturer or dealer must pay your attorney fees, costs, and in some certain situations, civil penalties if the manufacturer willfully tries to evade the lemon law.

Anyone know if the above still applies when the car has been in an accident and repaired?

Hi all- I have a 2021 model S and unfortunately, I had an at fault accident. My car has been in the body shop for two months now and we are waiting for a backorder part.
I am paying $1500 a month for a car that I dont have and there is really nothing I can do. Dealing with Tesla service center has been , so far , like nightmares. I can not talk to someone responsible. I am really thinking of hiring an attorney and I know there are lots of people with the same issue here. Any suggestion of what can be done so Tesla stops ignoring existing customers. Looking at their revenue, all they care about is selling new cars as year over year revenue is up which this tells me that they really dont have supply shortages issues for their new cars but when it comes to existing customers they simply give them worst customer service ever. After all, they have already sold a car and what a poor customer like me can do other than waiting

 

[Droschke]

@Danoush100 - Any reason you leaving out your previous "at fault accident" accident" mentioned in your July 6, 2022 post in the other thread which @jjrandorin has referenced?

 

[Unclepaul]

Perhaps your claim should be against the Dealership that sold you the Lemon, instead of Tesla.

A quick call to a Lemon Law attorney should clear this up quickly.