Yep! If the buyer really wanted to go for someone, and assuming Tesla didn't cave re-enable the upgrade, their best bet is to go after the previous seller for m

Yep! If the buyer really wanted to go for someone, and assuming Tesla didn't cave re-enable the upgrade, their best bet is to go after the previous seller for misrepresentation of a 60 model for a 90. This also happens for cars sold as-is but where the dealer knows of defects and does not disclose. To quote someone else, "as-is does not cover fraud". All in all, it probably wouldn't be worth the time and effort to actually do that though. And because the current buyer is two steps removed from the actual person who was around for the swap, they probably wouldn't actually get anything back for that effort since the middle person is also protected as they bought and sold in good faith.