Florida “Lemon Law” Court Orders Tesla To Buy Back $117K CyberTruck. Elon Musk’s Company Allegedly Refuses.
BY: LITIGATION DESK | BocaNewsNow.com
DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — A Delray Beach man just filed a major lawsuit in Palm Beach County Circuit Court after Elon Musk’s Tesla Corporation allegedly refused to buy back a $117k CyberTruck — even though the State of Florida ordered him to do so. The truck, declared a “lemon” due to a fluid leak in the vehicle, was supposed to be bought back by Tesla. But attorneys for Henry Seiden said Tesla refused to take the vehicle — unless Seiden signed a document negating the settlement.
BocaNewsNow.com obtained the complaint which includes details of the “Lemon Law” dispute and the ordered repurchase information. We are publishing the entire document, below. Here are key excerpts:
“On or about October 7, 2024, NCDS approved the aforesaid settlement, gave notice to Defendant to comply with the settlement agreement within 30 days of the October 4, 2024 settlement date and closed the parties’ NCDS arbitration dispute. On or about October 29, 2024, Plaintiff gave Florida’s Office of the Attorney General notice of the NCDS-approved settlement with Defendant per Fla. Stat. $ 681108(3), On or about November 2, 2024, Plaintiff delivered the aforesaid Cybertruck to Defendant’s facility at 3000 S. Federal Highway, Delray Beach, Florida. On or about November 4, 2024, Defendant materially breached its NCDS settlement agreement with Plaintiff, which was contractual and had a fixed time for performance, by failing and refusing to make payment to Plaintiff and/or Plaintiff’s lienor within 30 days and/or at all.
On or about November 4, 2024, Plaintiff notified Defendant of breach of contractual settlement agreement via email. As a direct and proximate result of Defendant’s breach of its contractual settlement agreement with Defendant, Plaintiff sustained loss of $117,281.37, loss of funds, loss caused by additional loan payments, loss caused by additional loan interest, loss caused by additional insurance premiums, credit impairment, towing charges and storage charges. WHEREFORE, Plaintiff demands judgment against Defendant for pecuniary damages, compensatory damages, interest, costs and demands a trial by jury for all issues so triable as of right by a jury.
On or about October 29, 2024 and thereafter, Defendant materially violated Fla. Stat. §§ 681.115 and 681.112(1) by refusing to repurchase and accept Plaintiff’s delivery of the Cybertruck because Plaintiff refused to sign a document (hereinafter referred to as “the Tesla Release”), which was not part of the settlement agrecment, that invalidated the NCDS/Florida Lemon Law settlement agreement by supersession and required Plaintiff to waive, limit or disclaim his rights under Chapter 681, Florida Statutes. [See attached Exhibit E]. At all times material hereto, the Tesla release was not a part of the contractual settlement agreement between Plaintiff and Defendant and violated Fla. Stat. §§ 681.115 and 681.112(1) because it invalidated Plaintiffs Florida Lemon Law settlement obtained through NCDS arbitration, removed the parties’ 30-day settlement compliance period and required Plaintiff to waive, limit or disclaim his Florida Lemon Law rights in order for Tesla to repurchase the CyberTruck.”
Tesla has not responded to the lawsuit. Tesla founder Elon Musk spent much of the past few weeks giving away $1,000,000 each to random voters.
