DEAR SUZANNE
By Suzanne Henderson
LETTER 106 – April 2023 | Embarrassed
Dear Suzanne,
After I bought my 2021 Tesla Model Y, I didn’t think I would have any problems so soon, especially since it was expensive.
Since getting the car, I’ve had to take it back to Tesla about 20 times for different problems. I’m confused by this, because I haven’t added any new parts to my car and it only has 22,000 miles on the odometer. I’m worried things might get worse over time.
My first visit to the Tesla dealership was just two weeks after getting the car. The problem was a noise that started small but got really loud, like thunder, coming from the back. The dealership said it was the AC and replaced it after keeping my car for a few days. They gave me a rental car to use during this time.
Even after they fixed it, I’ve had to go back many times because the issue keeps coming up. One time, the noise came back at a really bad time – during my friend’s wedding. She asked to borrow my car for her wedding day, and of course, I wanted to help out for her special day. To make sure there wouldn’t be any problems, I took the car to the dealership the day before to get everything checked out. I was reassured that everything would be okay, though that clearly wasn’t the case. On her way to the venue, the car started shaking, stopped, and wouldn’t turn back on. After trying a few times, the car finally started but with the really loud noise back again. With the wedding starting soon, she had no choice but to drive it that way. When she got to the wedding, everyone could hear the awful noise even over the music.
The next morning after the wedding, I took the car back to the dealership right away and told them I was upset. They apologized, kept the car for an additional five days (during which time I was given a rental vehicle), and then gave me back my own car. This was just one of many of these back and forths with the dealership, though sometimes they didn’t have a rental available for me.
At this point, I’ve had nearly a repair visit for every thousand miles I drive and I just don’t want to deal with any more. Can the lemon law help with electric vehicles?
Embarrassed
Embrace Lemon Law And Get Rid Of Your Car
Dear Embarrassed,
So sorry that you have had to deal with all these issues after spending a lot on purchasing your car. Twenty times is a lot of time to fix your car and so this makes for a very good lemon law case.
Also, it’s a good thing that you’ve only been communicating with the dealership and not with the manufacturers. This is because, as a business, they would only do things that favor them. As such, they wouldn’t give you the best offer for you. And this makes it possible for you to proceed with lemon law. Lemon law in California is there to protect the consumer and to get you the compensation you deserve for purchasing a defective vehicle.
The thing about some dealerships is that you must be careful enough. If not, they may try to slip some things past you as they document your case. This is because they are aware of lemon law. And so if the issues are not written down, it becomes a case of your word against theirs. Thus, it is important to always read through the repair order and invoice given to you. This is to ensure that they recorded all the issues you complained about.
However, provided there are some issues documented, your attorney can go on and use that for your case. Also, since your vehicle is still on very low miles, your lawyer can continue to build it as he works on the case.
Now, with the noise issue not documented and the car still under warranty, you can take it back to the dealership and have them look at it again. But this time, make sure they describe on the document every issue you complained about. Also, make sure they include the repairs made. Besides this, if you also experience any new issues while your case is opened already, you can take your car for repairs. Let your attorney know about any new visit and he will add it to the lawsuit.
Now, the way that lemon law works is that your vehicle must have been to the dealership at least twice regarding the same issue. Or otherwise three times regarding different issues; then it is considered a lemon. And as a result, it becomes eligible for lemon law.
Furthermore, as stated before, your vehicle is still within the warranty period. This then gives your attorney a little bit of wiggle room as to what can be done for your case. But since the vehicle has been to the dealership a number of times already, it is best to get things started as soon as possible. This is to avoid any pushback or deductions by the automakers.
So with lemon law, you have three options namely:
- The Buyback
- The Cash and Keep
- The Replacement
The buyback is simply where the manufacturers buy back the vehicle from you. They would also pay you out all that you have spent on this vehicle. This would include your down payment, your monthly payment, taxes, and even interest. Moreover, if you took out a loan on the vehicle, the manufacturer would have to pay that off for you. As such, your credit goes up.
The only deduction though that the manufacturers can take from the buyback is the mileage offset. This means that they have the right to charge you for the miles you drove the car without any issues. And they will be going off based on the mileage you were at during your first visit.
Now, you said you don’t remember the mileage at this point but that you took your car in within two weeks after its purchase. Thus, it means that there isn’t much that they can deduct. But regardless of if it’s a small or large amount, your attorney can get them to waive this in full or half. This is since they sold you a defective vehicle and the main goal is to get you as much compensation as possible.
The second option is the cash and keep, which is cash compensation for the issues you’ve been experiencing with the car while you still keep it. With this option, your warranty will not get voided or canceled. In addition, if you later wish to sell the car, you can do so without labeling it a lemon to the next owner.
In simple terms, this option shows that by giving you some compensation, they are sorry for selling you a defective vehicle. Also, they are asking you not to proceed with the case. If you take this option, you will be unable to file another lawsuit against the manufacturers for this same car if it develops new issues.
The last option, which is the replacement, has to do with them replacing your vehicle with another. The replacement vehicle will be one of similar value, the same mileage, and the same make. But in all honesty, this option is not so recommendable because there is a reason why it got traded-in in the first place, and so you are likely getting back another defective car. However, your attorney can try to get you one that is newer while you pay the little price difference.
In conclusion, since you purchased your vehicle in California, your attorney takes your case on contingency. This is because California is more sympathetic to the consumers. Thus, all legal bills get paid for by the automakers and so, you won’t get charged anything. And not only that, the total settlement received will be going over to you.
Suzanne
PS. If you think your vehicle sucks and want to actually do something about it, you definitely can! Find out quickly if you have a case by visiting www.yourvehiclesucks.com right now. This website is owned by our partner law firm Quill & Arrow LLP, California’s #1 “settled” Lemon Law attorneys.
Free Legal Advice About Your 2021 Tesla Model Y Lemon Law Claim
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about California’s lemon law protections here, fill out the form on this page, or give us a call at (323) 553-7525 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about California Lemon Lawyer or how to file a claim in California, please write to help@lemonlawyers.org. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a California Lemon Lawyer to get proper legal advice about your lemon law claim.
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- Eight Things You Need To Know About California Lemon Law
Featured Image:
- 2021 Tesla Model Y ©Lekhaki (CC BY-SA 4.0 License)
