Phantom braking. Autopilot faults. Battery degradation. Drive unit failures. Yellow screens. If Tesla cannot fix the same problem after a reasonable number of attempts, you are entitled to a buyback, replacement, or cash settlement, and Tesla pays your attorney fees under the Song-Beverly Act.
Tesla sells every vehicle in California with a New Vehicle Limited Warranty (4 years or 50,000 miles) and a separate Battery and Drive Unit Limited Warranty (8 years, with mileage varying by model). Both are written warranties under California Civil Code section 1791.2, which means both trigger the full protection of the Song-Beverly Consumer Warranty Act. When Tesla cannot bring a Model S, Model 3, Model X, Model Y, or Cybertruck into conformance with those warranties after a reasonable number of repair attempts, you have a lemon law claim.
Tesla's service model is different from legacy manufacturers, but the law is the same. Mobile service visits count as repair attempts. Ranger visits count. Over-the-air software updates that fail to resolve a complained-of issue count. What matters is that you reported the defect while the warranty was in effect and Tesla had the opportunity to repair.
Sudden, unprovoked hard braking on open highways. A safety-critical nonconformity covered by 1793.22(b)(1)'s two-attempt rule.
Unintended lane changes, failure to detect stopped vehicles, erratic steering, sudden Autopilot disengagement.
Sudden range loss after software updates, abnormal degradation outside expected tolerances, battery replacement failures.
Front or rear drive unit replacements, clunks, whining, loss of power, warning messages.
Yellow border on the center display, MCU1 freezing, MCU2 reboots, touchscreen dead zones.
Door, trunk, and frunk alignment defects the service center cannot correct after repeated attempts.
Supercharger handshake failures, slow AC charging, port contactor faults, charge cable ejection errors.
Model S and Model X presenting and retracting handle failures; Cybertruck door actuator issues.
Falcon wing door leaks, trunk leaks, HVAC condensation entering the cabin.
Model S and Model X (2012-present): legacy MCU1 and MCU2 issues, falcon wing door faults, 12V battery failures, air suspension leaks, door handle presenters that fail to deploy or retract.
Model 3 (2017-present): phantom braking has been a recurring complaint, rear window trim detaching, center console rattles, paint issues, AC condenser corrosion in early builds.
Model Y (2020-present): HW3/HW4 camera issues, rear seat belt anchor concerns, heat pump failures in cold weather, panel gaps between quarter panels and bumpers.
Cybertruck (2023-present): accelerator pedal pad issues, steer-by-wire faults, range loss, door actuator failures, software glitches still being worked through by Tesla engineering.
A Tesla buyback reimburses what you paid. Start with the cash price including options and delivery. Add sales tax, DMV fees, and any finance charges. Add incidental damages like towing, rental cars, and lost work. Subtract a mileage offset calculated under Civil Code 1793.2(d)(2)(C): purchase price × miles before the first repair attempt / 120,000. The result is your statutory buyback. If Tesla delayed unreasonably, civil penalties on top can reach two times that number.
Can I file a lemon law claim if my Tesla is out of warranty?
Yes, if the defect first presented while the warranty was in effect and was not fully repaired. The statute does not disappear the moment your 4-year mark passes.
What about used Teslas sold with balance of warranty?
Covered. The balance of the New Vehicle Limited Warranty or the Battery and Drive Unit Warranty transfers to the new owner and preserves Song-Beverly rights.
Does it matter that my Tesla got over-the-air updates?
Not adversely. OTA updates that fail to resolve the defect are documented evidence that Tesla had the opportunity to repair and did not succeed. That strengthens your claim.
Free consultation. No fee unless we win. Tesla pays your attorney fees, not you.