California Tesla Model X Owner Files for Lemon Law Suit Asking for a Refund

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Photo: Tesla Motors
Despite what Elon Musk might be telling you, not everything is peachy in the land of Tesla. We've seen how the Autopilot is far from being a finished product with way too many restrictions (don't go into roundabouts, mind the stationary vehicles, and so on), and we're also well aware of the quality issues faced by the company's and the world's first ever production electric SUV.
Regardless of how many news and reports you might have read on the subject, your experience is nowhere near complete as Barrett Lyon's. He is the proud owner of a Tesla Roadster and a Tesla Model S.

Being a long-time supporter of the company living in California, he was probably among the first to get one of the few Model X SUVs back when Tesla still had serious concerns with the falcon door supplier. This priority service, however, was going to be Lyon's doom, as the car he received turned out to be riddled with problems beyond repair.

If you listen to what he has to say about it, it's almost as you're hearing a case of Poltergeist being described to you. He claims that the driver's door has slammed shut over his leg, and that it has damaged his property on other occasions. Talking to Courthouse News Service, Lyon said: "The doors do some weird, wicked things. If you get in and slide sideways and accidentally tap the brake, the driver's side door slams shut on your leg. That's not a very nice thing to have happen to you."

On the list of problems encountered with the car, he included: "Auto Pilot in the rain is extremely dangerous. It causes the car to swerve into different lanes." The powered front doors continue their shenanigans by opening into cars and other obstacles. Lyon claims the touch screen freezes repeatedly and that the parking brake doesn't work 90 percent of the time.

Sick about the situation ("It's parked. We don't drive it. It's basically a really fancy car decoration," he told CNS), he filed for a Lemon Law suit and is requesting the $161,970 he paid for the car back. Also, Mr. Lyon also wants to be compensated for the registration and lawyer fees, as well as damages for breach of warranty. He is being represented by San Francisco-based law firm Anderson, Ogilvie & Brewer.

According to the California Office of Attorney General's definition of a "Lemon Law" (listed below), Mr. Lyon has to provide evidence that he has tried to remedy the car's problems repeatedly, with Tesla failing to offer a solution. Right now, his claim is based on a large number of issues with the car and their severity, making it virtually unusable.

However, the law states very clear that there have to be "a reasonable number of attempts to repair the vehicle" before filing the lawsuit. But since we're neither lawyers nor judges, we'll just step aside and let the law do its thing.

California “Lemon Law”: A special provision, often called the “Lemon Law,” helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The “Lemon Law” applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the “Lemon Law” presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) the same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner’s manual or (2) the same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner’s manual or (3) the vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.
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About the author: Vlad Mitrache
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"Boy meets car, boy loves car, boy gets journalism degree and starts job writing and editing at a car magazine" - 5/5. (Vlad Mitrache if he was a movie)
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