Tesla Model X Plaid Lemon Law

Yes, a malfunctioning automatic obstacle detection system on the falcon wing doors constitutes a safety defect under the Song-Beverly Act, as it can cause property damage and potential injury to passengers. Safety defects require only two unsuccessful repair attempts before the lemon law presumption applies. Document each incident with photos of any damage to the doors or surrounding structures.

Yes, under the Song-Beverly Act, any day your Model X Plaid is out of service for warranty repair counts toward the 30-day threshold, regardless of whether Tesla is actively working on it or waiting for parts. Parts availability delays are Tesla's responsibility as the manufacturer, not yours. With 35 cumulative days out of service, your vehicle exceeds the presumption threshold and is presumed to be a lemon.

Absolutely. If a defect makes your Model X Plaid unsafe to drive, you not only can stop driving it but you should stop driving it immediately. Under the Song-Beverly Act, ceasing to drive a dangerous vehicle does not waive your lemon law rights. In fact, continuing to drive a vehicle with compromised brakes could undermine your claim if an accident occurs, so document the brake contamination and have the vehicle towed to Tesla.

The Song-Beverly Act primarily provides for a refund or replacement, not a diminished value payment while keeping the vehicle. However, you can negotiate a cash settlement with Tesla that allows you to retain the vehicle, which often includes a payment reflecting diminished value and repair costs. Many lemon law cases settle this way, and a lemon law attorney experienced with Tesla cases can negotiate the best outcome for your specific situation.