Tesla Model X Lemon Law: Is Your Tesla a Lemon?

Owning a Tesla Model X is supposed to be an exciting experience. We’re talking state-of-the-art technology, impressive performance, and everything forward-thinking in the autonomous driving space. But what happens when your high-tech electric vehicle (EV) becomes a high-maintenance headache? If your Tesla Model X has recurring defects that Tesla service centers can’t seem to fix, you have what we call a lemon under Tesla Lemon Law.

Lemon law protects consumers from defective vehicles by ensuring that if the manufacturer can’t fix the car, they must replace it or refund the buyer. If your Model X has spent more time in the service center or your garage than on the road recently, you need to know and appropriate your rights under the Lemon.

Think you have a lemon? Don’t wait. Our team at Easy Lemon can help you with your Tesla Lemon Law claim. For more information on how you can secure refunds, replacements, or cash settlements in your case, contact us today for a free consultation!

This blog answers your questions about Tesla Lemon Law and how it applies to Tesla Model X owners. You’ll discover the remedies available under the Lemon Law and how to maximize your Lemon Law claim for a Tesla Model X.

What Is the Tesla Lemon Law?

Tesla Lemon Law was designed to protect consumers from cases of defective vehicle purchases, otherwise known as lemons. Lemons are vehicles that come with significant defects from the time of purchase and continue to experience recurring issues even after multiple repairs. In some cases, the cost of fixing these defects may be as high as the vehicle’s original purchase price.

Lemon laws vary by location. The Song-Beverly Consumer Warranty Act, or Lemon Law, happens to be one of the most proactive lemon laws, providing legal solutions for Tesla consumers. If you’ve bought a defective Tesla only to have shopper’s regret, Tesla Lemon Law is on your side.

Key Criteria for a Lemon Law Claim

Finding out that your Tesla has structural issues—a few defects here and there—or generally isn’t just as reliable as you’d have hoped for can be extremely frustrating. Sadly, a single defect doesn’t automatically qualify your car as a lemon, and not every defective car qualifies as a lemon.

Here’s what Lemon Law typically requires:

• Warranty: The defect must be covered under warranty. Your vehicle may qualify for a lemon if the issue is not related to wear and tear, obsolescence, wrong handling, or accident.
• Reasonable number of attempts: The manufacturer must have made multiple unsuccessful repair attempts. Generally, if your Model X has been repaired four or more times for the same problem (or two times for a problem that could pose a safety hazard), it could qualify for a lemon.
• Cumulative service days: Your vehicle may qualify if, as a result of repairs, it has spent a considerably long period in the shop. Particularly, it must have been out of service for 30 days or more in cumulative total.
• Early damage: The problem must occur within 18 months of delivery or before 18,000 miles, whichever comes first. However, some cases may still qualify beyond this period.

If you qualify under Lemon Law, you have the legal right to decide on your compensation, whether it’s a vehicle replacement or a Lemon Law buyback. Additionally, the law requires manufacturers to cover attorney fees and related legal costs.

How Lemon Law Applies to Tesla Model X

Despite its growing popularity among many car owners and its forward stake in the EV industry, Tesla has, in recent times and in several of its models, run into problems with manufacturing defects. In October 2020, Tesla issued a voluntary recall for nearly 50,000 Model S and Model X vehicles due to faulty suspension issues.

Fortunately, while Lemon laws traditionally apply to gasoline-powered vehicles, they also extend to electric vehicles like the ones Tesla makes. If you have a buggy Tesla Model X that keeps malfunctioning despite repair attempts, you may qualify for a buyback or replacement under your state’s Lemon law.

As we’ve mentioned, Lemon law protections (coverage, the criteria for qualifying, and the process of filing a lemon claim) vary by state. However, as a rule, all new, used, and leased cars are generally liable. Let’s look at the different specifications of some key states.

Lemon Law Specifics

1. All new vehicles purchased or leased nationwide may qualify for Lemon law protection, subject to specific state laws and criteria.
2. All used and leased vehicles have Lemon law coverage, provided the certified pre-owned (CPO) vehicle warranty is still valid. The Law also applies to used vehicles with a written warranty from the dealer.
3. Vehicles purchased for personal and family use, whether new or used, qualify for Lemon law.
4. Tesla vehicles used for business purposes qualify so long as their gross weight does not exceed 10,000 pounds and the business does not have more than five registered vehicles.  
5. In a case where a consumer lays a claim for the purchase of a lemon, and it’s proven valid, the manufacturer takes care of the attorney and reimbursement fee.

Texas Lemon Law Specifics 

1. This applies to new vehicles, which include cars, trucks, motorcycles, and RVs with a written factory warranty.
2. The vehicle must have undergone several unsuccessful repair attempts under the manufacturer’s warranty.
3. The defect on the vehicle must have occurred within the warranty window of 24 months or 24,000 miles of procurement.

New York Lemon Law Specifics

1. The vehicle must be covered by warranty.
2. It must be procured or leased for personal purposes.
3. It must be purchased, transferred, or leased and registered within the borders of New York.
4. The vehicle must be bought, leased, or transferred within 18,000 miles or two years of purchase.
5. In the case of purchasing a lemon, refunds may be reduced by mileage deduction based on defect occurrence.

Common Issues with Tesla Model X That May Qualify as a Lemon

The Tesla Model X, a midsize all-electric luxury SUV, has been a favorite among high-end car enthusiasts since its debut in 2015. With impressive features like Autopilot, Falcon Wing doors, and advanced battery performance, it’s unarguably one of the most futuristic EV SUVs on the market today.

Despite its steep price—starting at around $100,000—the Model X has been plagued by numerous manufacturing flaws that have led to public criticism over its reliability, particularly with newer models. Here are examples of commonly recurring problems reported by owners:

• Battery performance and range issues: Some customers have reported issues of battery underperformance in the form of sudden drops in battery range, rapid draining, charging fluctuations and failures, and overheating, leading to power limitations
• Faulty Autopilot or driver-assist systems: Autopilot errors, phantom braking steering malfunctions while using Autopilot, and unexpected acceleration are some of the problems Tesla Model X users have reported. The consequences of this defect include sudden stops or, in some cases, unplanned forward movement even when the brakes have been engaged.
• Malfunctioning Falcon Wing doors: The Falcon Wing doors on the Tesla Model X are gull-wing doors designed to operate automatically using sensor-based detection. In theory, they make getting in and out of the car more convenient, especially in tight spaces and prevent collisions with people or objects. However, there have been reports of malfunctions in the sensor system leading to the door opening or closing unexpectedly, sometimes mid-operation and failure to detect nearby obstacles, causing the doors to hit people or objects.
• Software glitches and updates failing: There have been reported incidents of system crashes following updates, unresponsive touchscreen, and inaccurate range estimations as a result of software bugs

These defects have affected the safety, reliability, and value of the Model X.

How to Determine if Your Tesla Model X Qualifies as a Lemon

The formula for determining a lemon isn’t set in stone. However, there are telltale presumptions that could serve as a pointer, letting you know whether or not you have a claim. As a rule of thumb, you may be entitled to a claim if, within the first 18 months or 18,000 miles of purchase:

• Your vehicle has undergone repairs four or more times
• The Tesla Model X has been at the repair workshop for up to 30 days. Therefore, it has been out of service.
• If the defect isn’t caused by negligence from the owner or driver.
• If your vehicle has been repaired two or more times for a defect that could lead to serious bodily injury or death.

Most importantly, documentation is crucial in laying claims for the execution of Lemon law. On that note, all files, which include receipts, repair orders, invoices, and records used to procure the impaired Tesla Model X, will be needed to file for a buyback lemon.

What to Do if You Think Your Tesla Is a Lemon

If you discover some defects in your Tesla Model X, the next best step is to take proactive actions to ensure your rights are protected. Here are some important steps to follow.

Step 1: Identify and Document the Issues

Clearly describe the problems, whether they involve battery performance, software glitches, or Autopilot malfunctions. Next, you want to keep a record of when the issues started and how they’ve been affecting your Tesla’s performance or safety. Make sure you collect as much evidence as possible, including photos, videos, or screenshots, to support your case.

Step 2: Contact Tesla Service and Attempt Repairs

After you’ve identified the issue and collected evidence for your case, the next thing to do is to report the issue to Tesla. You can schedule a service appointment through the Tesla app or their customer service. Under the Lemon law, the company is required to investigate your claims and attempt repair. You want to make sure you’re keeping track of all service visits, including dates, repair invoices, and any written communication with Tesla.

If the repair is successful, you can take your car home. However, if the repair isn’t successful after multiple attempts or if the issue reoccurs, then follow the third step.

Step 3: Review Lemon Law Requirements in Your State

Your knowledge of the Lemon law requirements for your state gives you an advantage in filing a good case. Each state has specific requirements regarding warranty periods, the number of repair attempts allowed, and the time limit for filing a claim. Research your state’s guidelines and compare them with your Tesla’s history to see if it qualifies as a lemon under the law.

Another thing you want to make sure of is that you’re taking actions within the allowed legal window, as Lemon law cases are known for having strict deadlines. To do this effectively, you may need the assistance of an experienced lemon law expert.

Step 4: Consult an Experienced Lemon Law Attorney

Handling a Lemon law claim on your own can be overwhelming, from needing meticulous documentation to prove your case to filing a claim against Tesla. Tesla almost always pushes back; they don’t just sit waiting to approve your claim. This is why seeking legal representation is highly recommended.

A skilled Lemon law attorney understands the legal process, knows the requirements for your state, and can guide you through the best course of action. They’ll review your case, gather all the necessary evidence, and help you secure the best possible outcome—whether that’s a refund, vehicle replacement, or cash settlement.

The stronger your case, the more likely you are to secure compensation. If you’re looking for an experienced Lemon law attorney, don’t think too far, contact Easy Lemon today.

Step 5: File a Lemon Law Claim and Pursue Resolution

If your vehicle’s defects remain unresolved, your attorney will help you formally file a Lemon law claim against Tesla. This process may involve mediation or arbitration before escalating to a lawsuit.

It’s important to follow the requirements of the law to the letter. To do so, work closely with your attorney. They can help you avoid mistakes that could weaken your case. Stay engaged, provide any additional documentation as needed, and communicate promptly to ensure the best possible outcome.

If your Tesla Model X has become more of a liability than a luxury, reach out to your attorney. They’ll help you advocate and ensure you get fairly compensated.

What Remedies Are Available Under the Lemon Law?

When a customer reports to Tesla for a lemon purchase of the Tesla Model X, meeting all the criteria and presenting the necessary documents. If Tesla’s legal unit finds the claim true, the two parties enter a negotiation called the arbitration process, which is an alternative to a lawsuit.

In this case, the person is presented with three compensatory options, which are selected based on the state and extent of the damage. These include:

1. Refund of Purchase Price (Lemon Law Buyback): Here, Tesla is required to reimburse the purchase price paid for the defective vehicle by repurchasing the vehicle at its original price, minus reasonable depreciation based on mileage and use. In addition to refunding the purchase price, they are also expected to cover other related costs such as down payments, loan or lease payments, sales tax, attorneys’ fees, expert fees, court costs, lease termination, or finance loans paid off at turn-in.
2. Replacement Vehicle: In this case, instead of a refund, Tesla is expected to replace the defective car with a brand-new functional vehicle of the same make, model, and trim.In the case of a lease or loan, you are expected to continue making payments as originally agreed, without any modifications or renewal. Also, Tesla pays for your court costs, attorneys’ and expert fees. This option is ideal for consumers who still want a Tesla but need a fully functional car.
3. Cash Settlement: This is the most common settlement model in lemon law claims. It is also called cash and keep settlement. In this compensation model, you, as the buyer, get cash compensation for vehicle defects, which is not taxable. This is usually the case if the vehicle does not fully qualify for a Lemon law buyback. So Tesla simply covers for the inconvenience experienced. This settlement may allow you to keep the vehicle while receiving compensation for repairs or depreciation. You may also be entitled to a full refund. This refund covers the sales price, finance charges, and extended warranty costs. Hence, it provides a holistic financial indemnification to the consumer.

If Tesla refuses a settlement, you can always go ahead to file a lawsuit against them, presenting evidence of the purchase of the defective vehicle. If the case favors you, Tesla pays for all the legal fees.

How to Maximize Your Lemon Law Claim for a Tesla Model X

Seeking resolution for the troubles you’ve faced with your Tesla Model X is a step in the right direction. But you’ll stand a better chance of getting compensation if you follow the right steps. Here are tips to maximize your Lemon law claim:

1. Keep Detailed Records: Proper documentation is very important. Keep all repair invoices, service reports, and communications with Tesla. Ensure the times and dates of every repair attempt are spelled out. Keep notes on any unresolved issues and any correspondence with Tesla’s service team down to the specifics of your conversation. The more evidence you have, the stronger your case will be.
2. Hire a Tesla Lemon Law Attorney: Your ignorance of the law can rid you of your entitlements, and this is where the professionalism of a Tesla Lemon Law attorney can save the day. The service of a knowledgeable attorney can strengthen your case and help you negotiate effectively. They can identify additional damages you may be entitled to. Not sure where to begin? We’re experts at handling Lemon Law cases and would love to help you in your fight to seek compensation.
3. Understand Your State’s Lemon Law Requirements: As we’ve mentioned, different states have their own laws. Familiarize yourself with the specific criteria and deadlines in your state and act accordingly. If you’re not legally inclined, it’s best to consult a Lemon law attorney to guide you.
4. Avoiding common mistakes: Simple mistakes can hinder you from getting your entitlements. Sadly, many Tesla owners lose their claims due to avoidable errors. Common mistakes people make include:
   • Not meeting the state’s Lemon law criteria before filing.
   • Delaying the claim process can lead to you missing legal deadlines.
   • Failing to meticulously document your issues makes it harder to prove your case.
   • Trying to handle the case alone often results in a lower settlement.
   • Accepting a quick settlement, which may not fully cover your losses.
5. Be Persistent and Responsive: Follow up promptly on any requests for documentation or information. Stay engaged throughout the legal process to ensure progress.

Can I Still Qualify Under Lemon Law if My Warranty Has Expired?

You can still qualify for the lemon law protection if you can prove that the defect first appeared and was reported during the warranty period. However, this largely depends on the provisions of your state’s Lemon law and the nature of the defect. 

In some cases, you can also be issued extended or implied warranties to help you qualify. An extended warranty provides coverage beyond the original warranty period, whereas an implied warranty ensures a vehicle meets basic reliability standards, even if not explicitly stated in a contract.

Need an Experienced Attorney for Your Tesla Vehicle?

If your Tesla Model X vehicle is new and has caused you substantial damages while still under warranty, then you qualify for compensation under the Tesla Lemon law. Keep in mind, however, that the definition of a lemon will vary depending on the state and on the case itself. This is why you mustn’t handle your lemon case alone. Contact a knowledgeable lemon law lawyer as soon as possible to discuss your case.

If you need the services of a professional and reliable attorney for your Tesla vehicle, Easy Lemon is a great choice. Easy Lemon has helped hundreds of clients with similar problems, and we boast of a 99% success rate in these cases! We’d be delighted to hold your hands on this journey. Contact us today.