General

DECEPTIVE SALES TACTICS

When purchasing my Tesla the sales person Michael Miller from the Scottsdale, Arizona office stated on several occasions that Tesla was offering free lifetime super charging as an incentive if I were to purchase by a certain date which I did. After the first year of free supercharging I began to be charged for these services. I then contacted my local Tesla dealership where I purchased the vehicle to speak to my Tesla sales representative and was told he no longer worked on the sales team and was moved to the service department. I then spoke with one of the current sales team members (Stephen Parr) who looked up my account and explained to me that the incentive I received was one year of free supercharging. I then explained my position and provided the original conversations (text) between myself and the original Tesla sales member and Steven agreed that I should have received the free supercharging and stated "it shouldn't be that difficult to provide me with what I was promised". After more than a week with no response I contacted Steven again and he stated his manager (Charlie Sturtz) was not going to fulfill the commitment made by my original Tesla sales person. I further explained my position and the sales agreement between myself and Michael Miller and he agreed that everything I provided to him (texts and emails) between myself and Michael Miller clearly proved I was promised free lifetime super charging should I purchase by a certain date. After several weeks of waiting for Charlie to get back to me with good news I reached out to Charlie when he explained to me Tesla would NOT stand behind the promises made by the Tesla sales team because he could not just flip a switch and make it happen. he further explained that it had been too long since the purchase to go back and make this changed even though it was more than a year after the original purchase when I received my first charge for the supercharging service. I then asked for his managers name and contact information and was told he was the final decision. I then asked for Tesla's legal department contact information and Charlie told me he could not provide me with that information and that I would have to research it and find it myself.

Tesla promised me a specific incentive should I purchase their product by a certain date which I did and then did not fulfill its obligation.
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Comments

  • > @Kiernan said:
    > When purchasing my Tesla the sales person Michael Miller from the Scottsdale, Arizona office stated on several occasions that Tesla was offering free lifetime super charging as an incentive if I were to purchase by a certain date which I did. After the first year of free supercharging I began to be charged for these services. I then contacted my local Tesla dealership where I purchased the vehicle to speak to my Tesla sales representative and was told he no longer worked on the sales team and was moved to the service department. I then spoke with one of the current sales team members (Stephen Parr) who looked up my account and explained to me that the incentive I received was one year of free supercharging. I then explained my position and provided the original conversations (text) between myself and the original Tesla sales member and Steven agreed that I should have received the free supercharging and stated "it shouldn't be that difficult to provide me with what I was promised". After more than a week with no response I contacted Steven again and he stated his manager (Charlie Sturtz) was not going to fulfill the commitment made by my original Tesla sales person. I further explained my position and the sales agreement between myself and Michael Miller and he agreed that everything I provided to him (texts and emails) between myself and Michael Miller clearly proved I was promised free lifetime super charging should I purchase by a certain date. After several weeks of waiting for Charlie to get back to me with good news I reached out to Charlie when he explained to me Tesla would NOT stand behind the promises made by the Tesla sales team because he could not just flip a switch and make it happen. he further explained that it had been too long since the purchase to go back and make this changed even though it was more than a year after the original purchase when I received my first charge for the supercharging service. I then asked for his managers name and contact information and was told he was the final decision. I then asked for Tesla's legal department contact information and Charlie told me he could not provide me with that information and that I would have to research it and find it myself.
    >
    > Tesla promised me a specific incentive should I purchase their product by a certain date which I did and then did not fulfill its obligation.
  • If you have it writing via the text's, small claims court would be your best bet. Judge will want to know one thing, what is in writing.
  • Not going down this rabbit hole. Good luck on your endeavor.
  • Sorry about your situation, but theres probably a reason why Michael Miller does not work for sales anymore.
  • I would tear you down here but I had a similar complaint after I purchased my Stealth Performance in Sept 2018. Information wasn't great at the time, I had emails with my sales rep where I asked if the Stealth was getting Track Mode. He assured me in the email that all Performance models were getting it. Then the Stealth didn't get it. I was livid to the point of filing the paperwork for small claims. I emailed and mailed registered letters to Tesla with my intent to sue. The day before I was going to file, they released Track Mode for Stealth. Now, the timing was likely coincidence, but it worked out for me.

    I tell this story to express that I do empathize with you. The salesman may have told you this. One difference is that it was widely known that unlimited FUSC on the Model 3 was discontinued. I gave mine up for a $5k refund on my Performance. At the time you bought there was no lifetime FUSC program available. Why the salesman thought there was is inexplicable.

    If I'm wrong and that program was being offered at the time, Tesla should honor it for you.
  • Does your purchase agreement list free supercharging?
  • No Tesla salesperson has authority to make promises for Tesla. Read your contract.
  • > @rxlawdude said: > No Tesla salesperson has authority to make promises for Tesla. Read your contract."

    Be interesting to see the judge's ruling in that based on txt messages.
  • Alleged text messages.
  • More interesting than text messages would be a signed contract listing unlimited free supercharging. It the OP can produce one, I bet the charges will get reversed on the double.
  • > @FISHEV said:
    > > @rxlawdude said: > ... Read your contract."
    >
    > Be interesting to see the judge's ruling in that based on txt messages.
    >
    Text messages aren't the sales contract. The contract is what both parties agreed to.
  • Suddenly everyone in here is a lawyer
  • edited October 29
    > @"Yodrak." said: > Text messages aren't the sales contract."

    Any representation in writing can be considered contractual and part of the contract.

    Certainly enough to make a case before the judge.

    Typically small claims requires mandatory arbitration first at which point Tesla would likely cave in and give the promised free super charging.
  • It doesn't matter if you have texts from your salesman, audio recordings from your salesman, or notarized written promises from your salesman.

    If it's not in the purchase agreement you signed, it's not enforceable. In fact your purchase agreement almost certainly contains language specifically disallowing any representations or promises by the salesman that aren't noted in the purchase agreement/sales contract.

    This is Auto Buying #101.
  • > @Dramsey said: > If it's not in the purchase agreement you signed, it's not enforceable."

    Let the judge decide whether written promises from the dealer are valid amendments to sales agreement or not.
  • Fish is lying Troll since 2016!
  • Judges still have to follow the law. A written and signed contract cannot be amended by a text message. Best bet is to work it out with Tesla.
  • > @kneught said:
    > Suddenly everyone in here is a lawyer
    >

    ^Allegedly
  • Can a Text Message form a Binding Contract? YES (at least in one court)

    https://www.mooreandlee.com/2020/08/can-a-text-message-form-a-binding-contract-in-at-least-one-court-yes/
  • > @Dramsey said:
    > It doesn't matter if you have texts from your salesman, audio recordings from your salesman, or notarized written promises from your salesman.
    >
    > If it's not in the purchase agreement you signed, it's not enforceable. In fact your purchase agreement almost certainly contains language specifically disallowing any representations or promises by the salesman that aren't noted in the purchase agreement/sales contract.
    >
    > This is Auto Buying #101.

    Clearly you don't have a Tesla and have never seen a Tesla purchase agreement. It is extremely light on language.
  • > @Migizi said:
    > Can a Text Message form a Binding Contract? YES (at least in one court)
    >
    > https://www.mooreandlee.com/2020/08/can-a-text-message-form-a-binding-contract-in-at-least-one-court-yes/

    Absolutely. A verbal contract can be binding as well. All that is required to form a binding contract is offer, acceptance, consideration, capacity, and legality. However, verbal statements and text messages cannot amend the terms of a written contract. I am not a lawyer, but I did study contract law in college, and this is pretty basic.
  • By the way, I am not excusing the salesperson's actions if the story is accurate. I also believe that Tesla should make this right for the customer, again, if the story is accurate. Filing a lawsuit may provide some leverage as companies will often settle just to avoid the costs. However, as a legal matter, the case does not have merit.
  • > @"stingray.don_98527447" said:
    > Judges still have to follow the law. A written and signed contract cannot be amended by a text message. Best bet is to work it out with Tesla.

    Indeed it can be ruled part of the contract.
  • > @derotam said:
    > Clearly you don't have a Tesla and have never seen a Tesla purchase agreement. It is extremely light on language.

    Actually, I’ve owned Teslas since 2013. And I keep all my paperwork. Lemme go check...

    Well, the closest thing I can find in my purchase agreement is this:

    “Agreement to Purchase. You agree to purchase the vehicle (the “Vehicle”) _described in your Vehicle Configuration_ from Tesla Motors, Inc. or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement.”

    Now, for my 2016 90D, my purchase agreement lists the “Vehicle Configuration” of the car:

    “Specs
    Dual Motor All-Wheel Drive
    Pearl White Multi-Coat
    19" Silver Slipstream Wheels
    Full Self-Driving Capability
    No Ludicrous
    Premium Upgrades Package
    Full Self-Driving Capability
    Free Unlimited Supercharging
    Subscriptions
    Premium Connectivity”

    Note the specific line for “Free Unlimited Supercharging”. This is admittedly less concrete than, say, the contract for my Acura NSX, which has a separate sheet labeled “Disclaimer of Representations” and this language:

    “Acura of Reno does not authorize any employee to make any promise or representation to any customer in connection with the sale of goods or services unless the representation is in writing and approved by an authorized representative...”

    As you might imagine, the “I didn’t get what the salesman promised me” comes up a LOT in the courts. I think the OP’s out of luck, but if they want to get an attorney and litigate it, that’s up to them...
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