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Tesla’s ‘Be Patient’ Reply Sparks EU Legal Fire Over HW3 FSD

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Tesla’s response to a Dutch Model 3 owner who paid €6,400 for Full Self‑Driving in 2019 was a flat “be patient.” The caller, Mischa Sigtermans, recorded the brief exchange and posted it on X. He asked when the software would reach cars built on the older HW3 platform, but the company offered no timetable for the next update cycle in the coming months.

Tesla’s position reflects a pattern of shifting promises. When the HW3 hardware was first sold, the company marketed FSD as a software‑only upgrade. By August 2024, VP of AI Ashok Elluswamy admitted the platform ran a smaller model than the newer AI4, widening the gap. In January 2025 Musk stated that all HW3 units would eventually need replacement to support future updates.

With no retrofit program, refund policy, or concrete timeline, EU consumers face a clear breach of advertised capability. The collective claim site hw3claim.nl has already gathered 3,000 owners from 29 countries, totaling more than €6 million in FSD purchases. If courts rule, Tesla’s “just be patient” reply could become a costly liability in European courts during the upcoming litigation and settlement.