Tesla owner alleges breach of warranty and delayed repurchase process

When a plaintiff dropped over $114,000 on a new 2024 Tesla Cybertruck, he expected a vehicle that matched its futuristic marketing. Instead, he got a six-figure headache and a lesson in corporate stalling. 

Despite clear evidence of a warranty breach, the plaintiff was met with service delays and a gridlocked arbitration process. Even after experiencing a terrifying high-voltage error that crippled the truck’s power and a persistent autopilot malfunction that compromised road safety, the manufacturer failed to provide a permanent fix.

California Lemon Law

Fortunately, consumers like the plaintiff have strong protection rights in California. Under the Song-Beverly Act (Civil Code §1790 et seq.), manufacturers must repurchase or replace vehicles they cannot fix within a reasonable timeframe. This includes a vehicle defect that substantially impairs the use, value, or safety of the car. 

California lemon law applies to new cars, most dealer-warranted used cars, and other consumer goods generally over $100. But actions for remedies and replacements must happen within one year of warranty expiration and six years of delivery.

Defects and safety concerns

The plaintiff’s trouble started early. At less than 5,000 miles, his Cybertruck experienced a serious lane departure failure. 

Despite multiple repair attempts, the Vision system continued to alert that its cameras were out of alignment. Because the cameras malfunctioned, the Autopilot and primary safety systems that prevent collisions were completely offline.

Soon after, the vehicle reliability cratered entirely. A critical charging issue followed by a high-voltage system error drained the truck’s power and left the plaintiff stranded. Next, an intense mirror vibration started. At freeway speeds, the side mirrors shook so violently the view became blurry.

This was quickly followed by a steering defect, a distinct scraping that sound happened every time the plaintiff turned the wheel. Finally, the trunk failed to close, and the bolts fell off the wheel covers.

Repurchase delay and legal action

By April, the plaintiff had enough and demanded a buyback. Tesla initially agreed to the repurchase, but that was where the cooperation ended. What followed was a settlement delay lasting seven months. Despite repeated follow-up from counsel, Tesla stalled on registration reimbursements and legal fees, dragging the plaintiff’s case out.

Unfortunately, cases like these are not unique. Have you been the victim of stall tactics or an implied warranty breach? An implied warranty of merchantability means a car must:

  • Be safe and operable
  • Function for ordinary driving
  • Match basic expectations of reliability
  • Conform to its expectations

If your new vehicle had serious defects that made it unsafe, unreliable, or unusable from the time of sale or delivery, you have consumer and warranty rights. In addition to a refund or replacement, you’re entitled to statutory penalties up to two times the actual damages if the manufacturer willfully failed to comply.

Since 2024, Tesla has been hit with multiple autopilot and product liability lawsuits over serious and fatal safety defects. Could you have a claim? Call Brennan Law today for your free consultation and find out.

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