Picking up your new Tesla electric car from the dealership is a cause for celebration and smiling selfies posted on social media. The exclusive and cutting-edge reputation of Tesla offers any new owner a sense of having arrived. But what happens if you’re unlucky enough to have purchased a Tesla that has mechanical or electrical problems or quality issues? That’s when it’s time to take a look at Tesla lemon law.
California has a consumer-friendly Tesla lemon law that is designed to protect purchasers and provide legal recourse if their vehicle is defective. Whether you want your car replaced or repurchased, you have legal options available under Tesla lemon law. The skilled and experienced attorneys at Neale & Fhima can help handle your lemon claim. We have a 99% success rate with these types of claims. To find out more about how we can help, call us for a free consultation at (949) 661-1007.
We have a 99% success rate in lemon law cases!
How Can Tesla Lemon Law Help Me?
Despite its universal acclaim, Tesla has run into some problems with defective vehicles. In November 2020, the carmaker expanded its warranty to cover defective main computers in some Model S and X vehicles. It also recalled nearly 50,000 Model S and X cars due to faulty suspension issues in October 2020. And some would-be Tesla purchasers have refused delivery of Model Y’s because of concerns over manufacturing defects, including broken seatbelts and seats.
If you have taken delivery of a Tesla only to have buyer’s remorse because of chronic defects, then California’s Tesla lemon law may provide you with a solution. Under the Song-Beverly Consumer Warranty Act, if you purchase a defective Tesla that has a manufacturer’s warranty, you are legally entitled to a refund, or the vehicle can be replaced at Tesla’s cost. Even if you purchased a used Tesla, you may have a lemon law claim under specific circumstances. Again, your remedies include:
- Cash Settlement.
Is Your Tesla a Lemon?
A Tesla “lemon” is a Model S, X, Y or other Tesla that has a chronic defect and doesn’t live up to the standards of a reliable and safe vehicle. Whether it’s electrical system problems, a faulty suspension, quality control issues, or any other problem, a Tesla lemon is one that does functions correctly despite bringing the vehicle in for repairs at the dealership numerous times. To establish whether you have a Tesla lemon law claim, check to see whether your new vehicle is still under the original manufacturer’s warranty. If it is, you likely have a claim. If you own a pre-owned Tesla, then you will need one of three specific warranties to have a Tesla lemon law claim. These include:
- Transferred New Car Warranty
- Lemon Law Buyback Warranty
- Certified Pre-Owned (CPO) Warranty.
Either way, you need to have made a “reasonable number of attempts” to get your Tesla repaired before filing a legal claim. Find out more in: Do You Have a Lemon?
What constitutes a “reasonable number of attempts” can vary, depending on the defect and the particulars of your situation. There is no set formula. However, there are some presumptions that can give you a head start in determining whether you have a claim. As a general (but not absolute) rule, you may be entitled to file a Tesla lemon law claim if within the first 18 months or 18,000 miles of possession:
- You have taken your vehicle to the dealer four or more times to repair the same problem.
- Your vehicle has been with the dealer for repair for a cumulative total of more than 30 days since you took delivery of the vehicle.
- Your vehicle has been in for repair two or more times for a problem that is likely to cause death or serious bodily injury.
However, even if your case does not fit the above, you may still have a claim.
The Tesla lemon law in California stipulates that your vehicle must have “nonconformities,” which are defined as any malfunction, broken part, or defect that is covered by the manufacturer’s new car warranty. Nonconformities compromise the use, value or safety of a Tesla.
How does Tesla Lemon Law Buyback Work?
If it turns out that you have a Tesla lemon, your options are 1) to have the manufacturer repurchase or replace your vehicle or 2) negotiate a cash settlement with Tesla. Find out more in: What to Do if You Have a Lemon.
The Tesla lemon law process starts by sending a demand letter to the manufacturer. We can do that for you. From that point forward, we will aggressively represent you, going toe-to-toe with opposing attorneys. We are committed to getting the justice you deserve. To learn more about the steps in the process see: The Lemon Law Claims Process.
What Is the Statute of Limitations on Tesla Lemon Law?
The statute of limitations under California’s Tesla lemon law is four years from the purchase date to file a claim. If you are tired of having the same defect fixed over and over to no avail, start collecting copies of your repair bills and call a Tesla lemon law lawyer at Neale & Fhima. We are here to help, and we have an overwhelming success rate in these cases. Call us at (949) 661-1007 for a free consultation.
Will Tesla Buyback My Car?
They will if you can prove your Tesla lemon law claim. Generally, you’ll need a skilled and experienced attorney to help you do this. Here are the things you will need to show to have an effective claim:
- You have an appropriate warranty
- You’ve made reasonable attempts to have your Tesla repaired.
- The vehicle has nonconformities that affect the use, value or safety of your Tesla.
Contact a Tesla Lemon Law Attorney Today
It’s a huge disappointment if you’ve purchased a stylish Tesla only to discover that the vehicle is defective. While these are indeed exceptional cars, no manufacturer is perfect, and there have been Tesla recalls as well as ample evidence that some vehicles have mechanical, quality, orelectrical problems. Rather than being frustrated and continuing ineffective attempts to get the vehicle fixed, consider filing a Tesla lemon law claim. Neale & Fhima has helped hundreds of clients with similar problems, and we have a 99% success rate in these cases! There’s no reason to be stuck with a lemon when you have a legal remedy at your fingertips. That’s why California created the Tesla lemon law in the first place – to protect consumers. We can easily assess your situation, evaluate your claim, and answer your questions about whether this remedy is a good choice for you. We will happily talk to you on the phone for a free initial consultation. So call us at (949) 661-1007. What have you got to lose? We have top-notch attorneys with winning track records who can help.