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Breach of Contract. Advice on next steps

Breach of Contract. Advice on next steps

Dear Forum,

I'm a two time Model S owner who is nearing the end of my lease. I was contacted by the local Tesla representative regarding a new 2018 Model X demo that had 4k miles on it. The representative sent me lease numbers, and I placed a deposit with the representative as the pricing worked for my budget. Tesla posted a confirmatory email with the order agreement. All the paperwork (insurance/license) was submitted, and the expected delivery was two weeks ago.

Two days before delivery, the Tesla representative reached out to me to say that the Model that I ordered was not eligible for leasing and only purchase (due to the car being discounted). Tesla within two days canceled my order (without my consent) and refunded the deposit. 

I feel there is a breach of contract. Tesla called me with the car, took my deposit, approved the order, and then said the vehicle couldn't be leased (not due to a credit problem). Shouldn't the car be advertised as purchase only? I was always clear that my intent was to lease.

I feel Tesla prematurely canceled the order without me having the opportunity to escalate my concern or advocate for myself. I have emailed every email address I can find on the Tesla website and submitted a complaint through the Better Business Bureau. To shorten a long post, I've been told there is nothing I can do and that the cancelation decision is final and the car has been sold.

I am embarrassed to tell this story to friends and the forum family as it is a minor issue compared to other people's life stressors. However, I feel the customer should have more rights and feel Tesla broke our sales agreement without any discussion. My ask of Tesla is a similarly optioned car at the same quoted price.

Has anyone had a similar experience? Were you able to escalate a concern and be heard? Has anyone successfully gone to arbitration? Other suggestions?

Thank you in advance for your guidance and sorry for whining.

David N | 03/06/2019

Monies have been refunded. Mistakes happen. Plenty of other cars out there. Move on.

jamesc | 03/06/2019

The only time you'd be able to do anything about it is if you've suffered a direct financial loss as a result.

Xerogas | 04/06/2019

@stuartmded: what are your damages? That’s what a judge would ask.

Yodrak. | 06/06/2019

This is not a legal web site.

fengji2008cn | 06/06/2019

Tesla representatives are the worst sales i have ever seen, totally ignorance, do not care customers at all. I had super bad experiences with all of them, for example, i asked three reps at three different locations to give me a call back, No one was returning the call at all. Maybe they are not paid very well by Tesla? other than that, I do not know why they are so ignorant.

Uncle Paul | 07/06/2019

Throughout the ages, used car sales people have gotten a rough reputation.

Most other dealership sales people have no authority to provide a binding sales contract with a customer. Most always the deals must be approved and signed off by management.