And by doing a bit of research, we arrive at the throat of the issue. Tesla is a competing Used Tesla Dealer, this is listed in their 10K as a part of their automotive segment: - https://www.tesla.com/support/ordering-used-tesla
This page provides no clear guidance on how licenses transfer for "upgrades." Presumably that's in the licensing details for each "upgrade." In other instances, such as Full-Self Driving it's called a "subscription" which has a clearer implication. I seek the EULA for the vehicle itself, which should detail that part of the ownership lifecycle, but it doesn't seem to be public.
The consumer may be able to work a state-permitted return: https://www.tesla.com/sites/default/files/blog_attachments/o...
Under the "New Vehicle Limited Warranty" https://www.tesla.com/sites/default/files/downloads/Model_3_...
Tesla has performed an unneeded repair and broken their own obligation... "but when replacing a Battery, Tesla will ensure that the energy capacity of the replacement Battery is at least equal to that of the original Battery before the failure occurred"