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Wednesday, April 8, 2020

Buyers allege Tesla vehicle has numerous issues, seek to rescind purchase contract


By Bree Gonzales | Dec 12, 2018

General court 10

GENEVA, Ill. (Legal Newsline) – Two Kane County, Illinois residents allege the Tesla vehicle they purchased is not fit for ordinary use.

Colleen G. Thomas and Douglas B. Warlick filed a complaint on Sept. 28 in the Circuit Court of the 16th Judicial Circuit Kane County, Illinois against Tesla Inc. alleging breach of implied warranty, breach of contract and other counts.

According to the complaint, the plaintiffs allege that on Sept. 26, 2016, they purchased a 2016 Tesla Model X vehicle. They allege the vehicle has issues with squeaking windows and brakes, opening doors, improperly working sensors and other problems. They allege the defendant has repaired some of the issues but has not repaired some because it cannot duplicate the problem.

The plaintiffs hold Tesla Inc. responsible because the vehicle allegedly is not fit for ordinary and reasonable use and because they have been denied the benefit of the bargain.

The plaintiffs seek to return the vehicle and to receive a replacement vehicle free of defects and with higher battery limit; to rescind the purchase contract; require defendant to extend the warranty on the vehicle; require defendant to increase the battery limit on the vehicle; and/or providing such other and further relief as this court deems just and equitable. They are represented by Colleen G. Thomas of Thomas Law Office in Carpentersville, Illinois.

The case was transferred to the U.S. District Court for the Northern District of Illinois on Nov. 28.

U.S. District Court for the Northern District of Illinois case number 1:18-cv-07839

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Organizations in this Story

Thomas Law Office - CarpentersvilleCircuit Court of the Sixteenth Judicial Circuit Kane County, Illinois