v3.26.1
Commitments and Contingencies
6 Months Ended
Jun. 30, 2026
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies Commitments and Contingencies
The Company is, from time to time, subject to claims and disputes arising in the normal course of business. In the opinion of management, the outcome of any such claims and disputes cannot be predicted with certainty.
Legal Proceedings Against the Company
As of June 30, 2026 and December 31, 2025, the Company had accrued legal contingencies of $2.1 million and $3.2 million, respectively, recorded within Accrued expenses and other current liabilities and Accounts payable for potential financial exposure related to ongoing legal matters, primarily related to breach of contracts and employment matters, which are deemed both probable of loss and reasonably estimable.
In May 2023, the Company received correspondence from Edscha Gestamp alleging that the Company breached its payment plan for outstanding invoices after sending two payments, one for $0.2 million and one for $0.3 million, demanding full payment for the remaining $1.3 million. Based on the current status of the proceedings, management believes a loss is probable and has recorded an accrual for the estimated loss in the accompanying financial statements. In accordance with ASC 450-20-50, the Company has not disclosed the amount of the accrual or an estimate of the range of possible loss, as management believes such disclosure could be prejudicial to the Company's position in the ongoing litigation. The Company will continue to monitor developments in this matter and will provide additional disclosure if and when it is no longer prejudicial to do so, or if there is a material change in facts and circumstances.
On March 25, 2024, Cooper Standard GmbH (“Cooper Standard”) filed a lawsuit against Faraday&Future Inc. in Superior Court of California, County of Los Angeles, alleging the non-payment of the estimated sum of $1.5 million that was purportedly in breach of contractual obligations set forth in purchase orders, a Letter of Tool Acceptance, and invoices to facilitate the supply of automotive products and services for the FF 91 vehicle from August 2021 to December 2022. The parties have tentatively reached a settlement and are in the process of memorializing their agreement. In June 2025, the parties reached an agreement to settle their dispute. As of June 30, 2026, the remaining outstanding balance is $0.9 million .
On March 27 and March 29, 2024, Jose Guerrero and Victoria Xie, the Company’s former Senior Director of Sales and Aftersales, and Go-to-Market Project Manager and Launch Manager, respectively, filed wrongful termination lawsuits against Faraday&Future Inc. and certain of its officers in Superior Court of California, County of Los Angeles, each of which seeks compensatory, general, and special damages in an amount not less than $1.0 million. On April 19, 2024, another former employee, Karimul Khan, submitted a request for arbitration against the same group of defendants without quantifying the alleged damages sought. Based on the evidence produced thus far, the Company believes it is too early to evaluate the potential outcome for the Guerrero and Xie matters.
On August 1, 2024, Yun Han, former Chief Accounting Officer and Interim Chief Financial Officer, filed an arbitration demand claiming that she is owed certain monetary amounts and restricted stock units, pursuant to various agreements with the Company and collectively, totaling approximately $1.2 million. Given the early stages of the proceedings, the Company is unable to evaluate the likelihood of an unfavorable outcome and/or the amount or range of potential loss.
On January 9, 2025, Quectel Wireless Solutions filed a lawsuit against Faraday&Future Inc. in Superior Court of California, County of Los Angeles, alleging damages of $0.2 million. The Company is defending the suit and trial is scheduled for September 2026. Based on the current status of the proceedings, management believes a loss is probable and has recorded an accrual for the estimated loss in the accompanying financial statements. In accordance with ASC 450-20-50, the Company has not disclosed the amount of the accrual or an estimate of the range of possible loss, as management believes such disclosure could be prejudicial to the Company's position in the ongoing litigation. The Company will continue to monitor developments in this matter and will provide additional disclosure if and when it is no longer prejudicial to do so, or if there is a material change in facts and circumstances.
In March 2025, BXP filed a lawsuit against the Company, alleging unpaid rent and a balance of approximately $1.0 million under a lease agreement signed with the Company. The parties have settled their dispute for $0.4 million in April 2025.
In May 2025, Costamp Group, as assignee of Vantage Cast Europe, s.r.l. (“Vantage”), filed a lawsuit against the Company, alleging the non-payment of the estimated sum of €2.8 million. The parties have entered into a settlement agreement in December 2025 for $1.6 million, which was satisfied through cash and shares of Class A Common Stock during the first quarter of 2026. In July 2026, Costamp filed a new lawsuit against the Company for breach of the settlement agreement, alleging that the Company failed to deliver the shares agreed upon under the agreement and failing to make the June 2026 cash payment. Costamp is seeking approximately $1.4 million. In accordance with ASC 450-20-50, the Company has not disclosed the amount of the accrual or an estimate of the range of possible loss, as management believes such disclosure could be prejudicial to the Company's position in the ongoing litigation.
On January 5, 2026, I-Tech USA filed a lawsuit against the Company in Superior Court of California, County of Los Angeles, alleging damages totaling $0.2 million. Based on the current status of the proceedings, management believes a loss is probable and has recorded an accrual for the estimated loss in the accompanying financial statements. In accordance with ASC 450-20-50, the Company has not disclosed the amount of the accrual or an estimate of the range of possible loss, as management believes such disclosure could be prejudicial to the Company's position in the ongoing litigation. The Company will continue to monitor developments in this matter and will provide additional disclosure if and when it is no longer prejudicial to do so, or if there is a material change in facts and circumstances.
JVIS-USA, LLC v. Faraday & Future, Inc., 26-001689-CB. On April 15, 2026, JVIS-USA, LLC filed suit in the Circuit Court of the County of Macomb County, Michigan. The complaint alleges claims for breach of contract, unjust enrichment, fraudulent misrepresentation, and declaratory judgment. According to the complaint, Plaintiff seeks damages of at least $1.1 million. Plaintiff’s claims for damages arise from alleged unpaid fees incurred for storage of tooling that the Company had allegedly promised to pay. Given the early stages of the proceedings, the Company is unable to evaluate the likelihood of an unfavorable outcome and/or the amount or range of potential loss.
Legal Proceedings Initiated by the Company
The Company has determined there to be financial exposure related to an ongoing legal matter, primarily arising from the bankruptcy of a key supplier. The exposure involves previously recorded deposits and tooling equipment, which have since become subject to legal contingency considerations due to the supplier’s insolvency.
On March 6, 2025, Faraday&Future Inc. (“Faraday”) filed a demand for arbitration against Tesca USA, Inc. and Tesca ABC, LLC alleging the breach of an Engineering Services Agreement (“ESA”) between Tesca USA and Faraday&Future Inc. According to a Verified Petition Regarding Assignment for the Benefit of Creditors filed in May 2024, Tesca USA assigned all its assets to Tesca ABC. Faraday had reason to suspect that Tesca USA may have made one or more large cash transfers to Tesca Group before it commenced the Assignment for Benefit of Creditors; however, after reviewing documents received during arbitration, counsel for the Company did not find evidence of transfers of funds/resources from Tesca USA to other Tesca entities after said funds/resources were received from Faraday. The Company does not anticipate being able to recover funds from Tesca and is no longer pursuing the matter.
The Company does not expect any further financial loss related to tooling. Although the Company has title to the tooling; the secondary suppliers have possession of it. The Company anticipates establishing a direct contractual arrangement with the secondary suppliers. Once in place, these agreements are expected to provide the Company with continued access to the tooling without additional financial exposure.
In February 2024, the Company initiated a lawsuit against Draexlmaier Automotive Technologies of America LLC (“Draexlmaier”) for breach of contract, seeking $3.2 million in damages plus legal costs incurred. In May 2024, Draexlmaier
filed an Answer and Counterclaim alleging fraudulent inducement, breach of contract, violations of South Carolina’s Unfair Trade Practices Act, and unjust enrichment, and seeking $5.0 million in damages for breach of contract, as well as unspecified actual, consequential, punitive, and treble damages, and attorneys’ fees and costs. The parties mediated the dispute in February 2026 and reached an agreement to settle the dispute in April 2026 in favor of Faraday for $0.5 million.
Other Legal Matters
Dispute with Noteholders
In August 2023 and September 2023, the Company received correspondence from each of Senyun, MHL and V W Investment alleging that the Company had entered into oral agreements to compensate those investors for any losses in connection with converting their notes into shares of the Company in order to support the Company’s proposals at the August 2023 special stockholders meeting. The Company is unaware of any such oral agreements and is contesting these claims on multiple grounds.
Special Committee Investigation
As previously disclosed, the Board established a special committee of independent directors (“Special Committee”) to investigate allegations of inaccurate Company disclosures, including those made in an October 2021 short seller report and whistleblower allegations, which resulted in the Company being unable to timely file its third quarter 2021 Quarterly Report on Form 10-Q, Annual Report on Form 10-K for the year ended December 31, 2021, first quarter 2022 Quarterly Report on Form 10-Q and amended Registration Statement on Form S-1 (File No. 333-258993).
On February 1, 2022, certain members of the management team and employees of the Company received a notice of preservation and subpoena from the staff of the SEC stating that the SEC had commenced a formal investigation relating to the matters that were the subject of the Special Committee investigation.
On March 18, 2026, the Company received a letter from the Division of Enforcement of the SEC stating that, it does not intend to recommend an enforcement action by the SEC against the Company. The Company previously disclosed that the investigation related to certain matters involving its 2021 PIPE and SPAC-related transactions, and that the SEC had issued Wells Notices to the Company and certain executives. The Wells Notices were not formal charges, and the SEC Division of Enforcement has now formally informed the Company, Mr. Jia and Mr. Wang that it has concluded its investigation and is not recommending an enforcement action against any of them.
Other than disclosed herein, as of the date hereof the Company is not a party to any legal proceedings the outcome of which, if determined adversely to the Company, would individually or in the aggregate be reasonably expected to have a material adverse effect on the Company’s business, financial condition, or results of operations.