Range issues, subsequent software throttling, and a noticeable increase in defects: what Tesla drivers should know
Is your Tesla not reaching its advertised range, or has it been throttled by an update? In such cases, a defect may exist, giving rise to claims against the dealer and manufacturer. This article explains which typical Tesla problems are legally relevant and how you can enforce your rights.
Overview of typical Tesla problems
Tesla is one of the most sought-after brands in the electric vehicle sector, and many buyers encounter similar difficulties. Three issues arise particularly frequently: a real-world range lower than advertised, a subsequent reduction in range or charging power via software update, and a conspicuous accumulation of technical defects. Each of these issues can have legal implications.
Whether new or used, whether Model 3, Model Y, Model S or Model X: what matters is not the model, but whether the vehicle meets the promised specifications. If it does not, you have the same legal rights regarding defects as with any other vehicle.
We have compiled an overview of the various claims against the manufacturer on our page about Tesla defects compiled.
Is your Tesla behaving differently than promised? Have it checked to determine which of the three scenarios applies to you and what rights you have as a result.
Too short a range for the Tesla
If your Tesla falls significantly short of the advertised WLTP range under test conditions, this may constitute a defect. The decisive factor is not a single everyday drive in cold weather or at high speed, but rather a comparison with the standardized WLTP value used to market the vehicle.
As a guideline, courts refer to the Federal Court of Justice's case law on excessive fuel consumption in combustion engine vehicles, according to which a deviation of more than ten percent is considered a significant defect. The Wuppertal Regional Court has applied this line of reasoning to the range of electric cars. It is not limited to a specific brand and can, in principle, also be applied to Tesla vehicles.
We explain in detail how the threshold is defined and what rights exist in case of deviation on our page about... Reversal of an electric car purchase due to insufficient range.
Is your Tesla's range significantly below the advertised range? We'll check if the deviation reaches the relevant threshold.
Subsequent throttling of range and charging power
One particularly controversial topic is the subsequent throttling of charging speeds via software updates. In Norway, Tesla had to pay compensation after a 2019 update reduced the charging speed of early Model S vehicles. The manufacturer justified the intervention as a measure to protect the battery. Affected owners, however, suspected that the throttling also served to mask potential battery problems. The court ruled that the charging speed had been reduced and that Tesla should have informed customers about it.
These Norwegian rulings are not binding for German buyers. However, under German law, a modern electric car is considered a product with digital components. Since January 1, 2022, this has been subject to an update obligation under Section 475b of the German Civil Code (BGB). Updates must maintain the vehicle's conformity with the contract. An update that permanently reduces range or charging capacity defeats this purpose and can constitute a defect.
Securing evidence is crucial. Anyone who has data on range and charging times from before the update can prove a change much more easily.
Is your Tesla charging or driving worse after an update than before? Have it checked to see if you are entitled to a repair, price reduction, or compensation.
Striking accumulation of defects: what the TÜV report shows
Independent evaluations paint a striking picture for Tesla. In the 2026 TÜV report, which analyzes millions of vehicle inspections, the Model Y ranked last among all vehicles in its age group with a defect rate of 17.3 percent. The Model 3 also fared poorly with 13.1 percent and had even been at the bottom of the rankings in the two previous years. The main issues raised were with brakes, axle suspension, and lighting.
These values pertain to technical safety during the mandatory vehicle inspection and are not equivalent to a material defect in the legal sense of a purchase. However, they do show that Tesla vehicles exhibit a higher-than-average number of defects compared to other vehicles. If several defects occur in a single vehicle, this accumulation can strengthen the buyer's position. The cumulative effect of multiple defects can reach the threshold of materiality for rescission of the contract, even if a single defect alone would not be sufficient.
Are defects becoming increasingly common with your Tesla? We will check whether the total number of defects justifies a refund or a price reduction.
Your rights against retailers and manufacturers
Tesla typically sells its vehicles directly through its own online sales platform. The contractual partner and therefore the seller is usually Tesla itself. In this case, your statutory warranty rights are directed directly against Tesla.
- Subsequent fulfillment: You can request rectification or replacement, such as restoring the original performance after an update.
- Resignation: In the event of a significant defect, you return the vehicle and receive the purchase price less a usage fee.
- Reduction: They keep the vehicle and demand a partial refund of the purchase price.
- Damages: Reimbursement can be claimed for expenses such as expert fees or any reduction in value resulting from the throttling.
These rights generally apply to a new car for two years from delivery. During the first year after delivery, it is presumed in favor of the consumer that any defect shown was already present at the time of delivery (§ 477 BGB).
Because Teslas are usually ordered online, a right of withdrawal may also apply. A ruling by the Higher Regional Court of Stuttgart, which we reported on, demonstrates that reversing the purchase of a Tesla bought online can be successful. Tesla purchased online successfully returned could be.
The best path for you depends on the individual case. We will assess your options and choose the most promising one.
What Tesla drivers should do now
Act quickly, as warranty claims against the seller for a new car typically expire two years after delivery. Document the defect carefully and report it in writing before making any legally binding statements.
- Range and charging behavior: Record how far you can travel and how quickly the vehicle charges over several charging cycles.
- Values before and after updates: If available, back up any data from the period before the software change.
- Documents: Keep your purchase agreement, configuration details, and advertised range specifications.
Rogert & Ulbrich has handled tens of thousands of legal cases concerning range, software, and battery issues. emissions scandal She develops and applies it to the disputes surrounding Tesla and other electric cars.
Do not accept any settlement offer or sign any waiver until your case has been reviewed.
The sooner your case is reviewed, the more options you have. Secure your claims while the deadlines are still open.
Rogert & Ulbrich – Your lawyers specializing in electric vehicle defect law
Rogert & Ulbrich represents consumers nationwide in vehicle defect law and has its own Automotive sector. The law firm of Dr. Marco Rogert and Tobias Ulbrich has taken on over 40,000 cases and filed more than 25,000 lawsuits in the emissions scandal. This experience in litigation is now benefiting buyers of electric cars.
We will review your Tesla case, whether it concerns range issues, software throttling, or a series of defects, quantify your claims, and negotiate with the manufacturer. If no satisfactory solution can be reached, we will enforce your rights in court, from contract cancellation and price reduction to compensation.
Is your Tesla not living up to its promises? Get in touch and secure your rights.
