Ángel Gaitán, owner of the GT Automoción car workshop in Aranjuez (Madrid), has won a lawsuit against Tesla for selling a car full of defects. Specifically, a Model 3, which in Spain it is sold from 52,000 euros.
The biggest flaw was a disengaged welding point, which the company proposed to reseal. Add to that other issues like a chipped interior engine panel, misaligned hood and worn windshield wipers.
The sentence, issued in the first instance court No. 2 of Fuenlabrada last March and to which this newspaper has had access, condemns Tesla Spain (the subsidiary of the multinational in our country) to pay Gaitan 62,330 euros. You can appeal against the ruling.
Tesla has not responded to several requests for information from this newspaper. According to the plaintiff, the company has requested an extension of the deadline to review the videos of the trial and appeal.
There are no similar cases in Spain —at least, that have been made known or that appear in the database of judgments of the General Council of the Judiciary—, but in China (in a second-hand Tesla with structural defects) Y USA (a couple from Chicago wanted to sue Tesla for selling him a broken car but the company had included an arbitration clause in the contract, which left them unprotected).
Gaitán, who, in addition to being a mechanic, is a legal automotive expert, bought his Tesla in August 2020.
“I was the biggest fan of the brand. I used them since 2013, bringing the cars from Switzerland. There were many problems but they were forgiven, because it was the first electric and they made limited units, “he says. “When it began to mass produce, that you already buy a perfectly regulated European-made car, we realized that the problems continued.
The mechanic paid 72,000 euros for his vehicle, of which 7,000 corresponded to the driving software. “The day after I bought it I saw the flaws and returned the software order,” he continues. Namely, paid 65,000 euros that the company must repay almost in full.
“The car came with poorly welded bodywork. They told me it was a silly problem and let him take it. I had the option of returning it online in fifteen days, but it was in his workshop for longer and I missed the deadline. They gave me the option to solder it and I told them that I wasn’t going to allow that in a new car“, he says. “By not offering more solutions, I decided to file a complaint.”
“They laughed at me”
Gaitán is, in addition to being a mechanic and expert, famous on the short video social network TikTokwhere he accumulates close to a million followers, and in Youtubewhere it exceeds 100,000.
So, in addition to denouncing in court, The entire process has been made public.
Despite this, Tesla’s response has been to ignore him.
“My first videos on TikTok were not about Tesla. I had an accident at work, I was bored and the channel started working. I started giving them publicly a year after the complaint,” he says. “I told them: if you don’t give me a solution, I’ll publish it. And they laughed at me. They are above good and evil. Elon Musk is the richest man in the world and Spain is a country that does not concern him. He is an artist. He doesn’t care about everything. This is the tenth interview I’ve done on the subject and they haven’t given any explanations to anyone.”
Tesla has several stores in Spain and a repair center north of Madrid. One of the main obstacles Gaitán encountered was the Poor customer service from the company.
“In Spain there is no service to call. They have stores, but you buy it online, and then you can go to the servicewhich is like the workshop. I have processed everything through Holland“, he adds. The European headquarters of the company is in that country.
Thus, and thanks to the repercussion that his complaints have had on networks, Gaitán has become the reference mechanic for Tesla customers who have problems with their car.
“Every week clients come from all over Spain with welding problems, multiple finish defects, broken batteries… I report the problem to them and guide them on how to start the claim. Some faults are serious and very expensive to repair“, finishes.
Tesla does not consider a car of 60,000 euros high-end
One of Tesla’s arguments that most surprised both Gaitan and the judge was do not consider a vehicle of more than 60,000 euros high range.
For Gaitán, it is unacceptable that with that price bring factory defects.
The ruling states that “we find ourselves with a new high-priced vehicle, although the defendant does not include it in the high-end category, which from the moment of its delivery presented deficiencies recognized by the seller (…) Although the expert insist that the defects observed do not compromise the structural integrity or the safety of the vehicle, it is hereby accredited that the vehicle does not meet the quality standards expected of a prestigious brand like Tesla“.
“They can still sell a lot even if they cheat people”
Angel Gaitan, mechanic
Related news
The mechanic admits that, despite all the disappointments, holds his shares in Tesla because he thinks he can still make a lot of money with them.
“I have a lot of stock. I bought them for less than 60 dollars and they have come to be worth 1,200 [ahora mismo están en unos 700 dólares]. I think the brand still has to earn a lot of money, but that doesn’t mean that if a user has a problem, they tell you it’s normal and that the car isn’t high-end, you have to give them”, he concludes. “I see that, although keep fooling people, they have a chance of making good numbers. The general public does not know these ins and outs. Although now is when the rest of the brands take out electric cars. This will probably be the last year I hold the stock.”