Many online forums answer the titled question with the oft-repeated advice, "Check your state's Lemon Law." In the Real World, however, here is the best short answer for what you can expect it to take.
Recently, I read a Reddit r/CyberStuck post passing on a Tesla Cybertruck owner post on another venue who stated that he cannot get his vehicle into a Tesla Service Center until sometime in January 2025, meaning that he will not be able to drive his model for at least the next two months.
Now, I know that the Reddit post members take some delight in mocking anything Tesla-related; however, sometimes, a useful comment comes out of these threads. One that caught my attention was whether Lemon Laws apply to problems new Tesla Cybertruck owners are experiencing with their recent purchase.
Digging deeper into this question and looking for some balanced views on the Cybertruck, I came across a Cybertruck interest group post question on Facebook that asks, “Has anyone had success with lemon law on their CT?" toward resolving Cybertruck-related woes of ownership.
Fortunately, an update to the original post tells us that Tesla fixed the problem, and his Cybertruck is presumably back on the road.
Do Lemon Laws Apply to Tesla's Cybertruck?
The shared comments between the anti- and pro-Cybertruck posts are the repeated mention of Lemon Laws and whether (or how) they may or may not apply to Tesla vehicles.
Unfortunately, nobody appears to have much of an answer besides "Check your state's Lemon Law" advice. More importantly, both post sources demonstrate that there needs to be more clarity about lemon laws and their protections.
Based on other consumer protection laws, automotive lemon laws are designed to help people who have purchased or leased a defective vehicle. Depending on the case, a new car buyer can receive a replacement or refund if the vehicle has substantial, recurring defects that can't be repaired within a reasonable number of attempts or in a specific time frame.
Aside from defects or recall notices related to a lemon law claim, a new car owner has a legitimate claim with their purchase based on two primary criteria:
- Repair Attempts: To qualify under most lemon laws, the manufacturer or dealer must be given a certain number of attempts to repair the problem. The exact number of attempts varies by state and depends on the nature of the defect.
- Time and Mileage Limits: Most states set limits on how long after the purchase a vehicle can qualify as a lemon, typically within the first 12-24 months or within a certain mileage.
Be forewarned that the application of the Lemon law varies state by state and may not always legally suffice under these criteria.
The good news for Tesla owners is that lemon laws do apply to Tesla vehicles, just as they do to most other car manufacturers.
Related article: Secret Warranties That Can Get Your Car Fixed for Free
The bad news is that due to the Direct-to-Consumer model Tesla utilizes with their unique sales and service (i.e., without dealerships) this complicates what car owners have experienced and expect of traditional repair processes. This is evidenced by numerous Tesla owners' complaints about scheduling repairs.
This brings us back to the original Reddit post, which showed that the owner would be without his wheels for at least the next two months. Does this time lag qualify as the basis for a lemon law complaint?
And therein lies the rub. Who can answer the question of when the clock starts ticking?
- Does it start as soon as the Tesla owner makes an appointment for the repair?
- Does it start only the day the vehicle is parked in the Tesla Service Center for repairs?
- How about the warranty? Will a scheduled delayed repair of a Tesla risk warranty expiration?
The Best Short Answer to Any Lemon Law/Tesla Question
The best short answer for replacing the generic "Check your state's Lemon Law" is, for now, a slightly more accurate and almost as generic "You are going to have to lawyer-up" answer. But that is the truth of the matter when dealing with any corporation.
As an example of the realities of the complexity behind your rights, the laws, and Tesla is a Steve Lehto YouTube video in which the host discusses the legal complications of dealing with Tesla and their agreement with buyers of their vehicles using Bitcoin.
While this article is not about Bitcoin, it shows that if you go to Tesla with a complaint and expect a refund or your vehicle replaced, it will undoubtedly require legal action to reach any resolution.
To put it another way, that sales agreement you signed (and likely have not read in its entirety) is likely to possess exclusions that could take away your lemon law-related rights, which will require a lawyer.
That said, here is the video that shows just how complicated it is to get the satisfaction you want out of a Tesla you want to return that is fraught with realities that go beyond the "Check your state's Lemon Law" advice.
Why Tesla's Lemon Law Loophole Won't Work - Ep. 7.389
A Closing Word About Tesla and Lemon Laws
Regardless of whether you are dealing with Tesla or Toyota or Ford, etc., your best protection aside from carefully reading your sales agreement before signing it is to make sure you have a paper trail to take to court whenever there is a dispute and you are considering taking legal action to achieve satisfaction.
For additional car owner protection-related articles, be sure to check out these selected three:
- Car Warranty Voided by Owner's Bad Behavior
- Avoid Voiding Your Toyota Warranty with This Important Advice on How Warranties Work and Don't Work
- Used Car Dealer Forced to Buy Back As-Is Car It Sold
Timothy Boyer is an automotive reporter based in Cincinnati who currently researches and works on restoring older vehicles with engine modifications for improved performance. He also reports on modern cars (including EVs) with a focus on DIY mechanics, buying and using tools, and other related topical automotive repair news. Follow Tim on Twitter at @TimBoyerWritesfor daily news and topics related to new and used cars and trucks as well on Facebook and his automotive blog "Zen and the Art of DIY Car Repair."
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