In a way, the customer would have reason to be happy, but instead he sues – and his lawyers use harsh words: Tesla Germany acted “under false pretenses” and with “dubious sales practices” when the plaintiff became a model at the end of October 2020 X ordered. Because he had explicitly asked whether a newer version of the electric car was planned, which Tesla had denied, writes the law firm commissioned by him. At the end of January, Tesla presented a refreshed Model X, and now the customer wants the new one instead of the one with which he has now driven 1000 kilometers.
Tesla is said to have deliberately misinformed
However, this, together with the similarly modernized Model S, will only be delivered in Germany from September this year, according to the website. Without the bad purchase he complained about, the customer would have had to wait a long time for his Model X – Tesla recently confirmed to other German buyers that the information on the web is meant seriously.
But of course it means a financial loss if a successor model is offered shortly – or in this case in Germany with some delay – after the purchase of a new car. The lawsuit by the German Tesla buyer now relates to precisely this aspect, according to a press release from his law firm Dr. According to Stoll & Sauer: “The plaintiff would never have ordered the outdated model if he had known that a new one would soon be on the market,” it says.
Usually, customers are simply unlucky in such cases, but the plaintiff or his lawyers assume that Tesla informed him “deliberately untruthful” when he specifically asked about a possible modernization of the Model X. The fact that Tesla Germany already knew about the upcoming refresh at the end of October is “obvious” according to the press release. “The American parent company must have informed the subsidiary,” writes the law firm. Legally, there is therefore a pre-contractual breach of duty because “a false factual allegation was deliberately made against the customer that is untruthful”.
Plaintiff wants a Model X plaid
Against this background, a lawsuit was filed at the Offenburg regional court in mid-February, the lawyers further inform. The customer asked Tesla to take back his Model X and instead asked for the new Model X Plaid – apparently he had bought the top version Performance, which, like the Model S, has now been replaced by the Plaid model with three motors.
The decisive factor for the success of the lawsuit is likely to be whether it can not only be asserted but also proven that the contact person for the dissatisfied buyer at Tesla was informed about the refresh at the end of October. To clarify this question, the law firm wants to summon CEO Elon Musk, among others, as she writes.
Rumors about the modernization of Model S and Model X had been around for a long time, but they only became more intense and more specific towards the end of last year. And it was not until mid-January that Tesla issued instructions to its sales staff to sell all Model S and Model X models that were still in stock by the end of the month.