A Norwegian man bought a Tesla Model S P90D in 2016. Before he picked up the car, a new version of the Model S came out. He was very keen on the best possible acceleration – the new variant was faster – so he made sure with Elon Musk himself that he would receive an upgrade and enjoy identical dynamics. Tesla failed to fulfill his request, so he decided not to pick up the car from the workshop. It stood there for almost 5.5 years, and now the Norwegian has won in court. The verdict has become final.
Too slow Tesla Model S, and he was known for having the fastest Teslas
Judging by the car’s acceptance date, the Norwegian bought his Tesla Model S P90D when it was replaced by a Tesla Model S P100D with Ludicrous mode. The two cars are easily distinguishable from each other, around the same time there was a facelift, the Model S lost its black radiator grille, “nose” (see below), and moved visually closer to the Model X. The buyer had something to fight for, the 0-100 km/h acceleration of the Tesla Model S P90D took about 3.3 seconds, while the P100D variant reached 100 km/h after about 2.5 seconds, and he was known in the environment, because he always had the latest and fastest Teslas.
In 2016, Tesla actually promised buyers of the P90D variant the possibility of replacing the battery with one with a 100 kWh capacity. If someone didn’t pick up the car, he had to pay a $10,000 surcharge. A person who had already started driving his P90D had to pay $20,000 for the upgrade. On the Internet, this upgrade was called the transition “from the P90D to the P100D” (compare HERE), but we were unable to find confirmation that the manufacturer uses this nomenclature.
The difference is significant: replacing the battery with a larger one does not necessarily mean better car acceleration. The P90DL was software-limited for a while “to protect the powertrain from wear and tear,” so the battery replacement must have been followed by a software upgrade at the very least (source).
The upgrade was promised to the Norwegian by Elon Musk himself
According to Motor.no, the case file states that the Norwegian owner of the foul P90D received assurances from Elon Musk himself that she would receive the upgrade. After all, it was carried out in the United States, albeit on a small scale and more than a year after the announcement. Despite the promise, the car did not receive the upgrade.
What’s more: the Model S purchased by the Norwegian had technical problems. In June 2017, the disappointed owner refused to pick up the Tesla from the workshop. He decided that he would go to court with the case. Tesla decided to counterattack, he was charged 99,000 Norwegian kroner in parking fees.
The manufacturer was ready to buy back the car if the Norwegian never bought a Tesla again
Documents cited by Motor.no show that Tesla was at one point ready to end the matter amicably and buy back the foul car from the Norwegian, but with one important stipulation. He was to pledge never to buy a Tesla again (compare a similar case: Tesla bought the car back from him after many battles. He is banned from purchasing Tesla cars “now and in the future”). The owner of the car decided not to settle, leaving it to the court to resolve the issue.
The Norwegian judiciary ruled that since Tesla had promised an update and failed to keep its word, the Model S in question had a defect. The verdict was unequivocally in favor of the man: he was to be refunded the entire amount he spent on the car (1.1 million kroner). In addition, Tesla will reimburse him for his legal fees (239,000 kroner) and interest for six years of delay, which accrued to 600,000 kroner. The company will also bear all court costs (312,000 kroner).
The repurchase transaction was finalized in July 2023, and in August the car found a new owner in Bergen, Norway.
Opening photo: the Tesla service in Skoyen (Oslo), a historical photo from June 2014. NOT on it is the Tesla described in the article (c) Google / Street View, source
