Read this: https://www.lexology.com/library/detail.aspx?g=6c7bc068-8a4e-4de2-ab84-4537836ee29c
In short: no. If they did that, their range would go down to an average of the range in Sprint and in Smooth.
Can’t until the regulations change. Presently, the EPA requires testing to be done in the mode the car defaults to when it boots.
Tesla, iirc, ignores this and hasn’t gotten burnt yet, but all the other manufacturers follow the rules.
They are offers. The alternative, as you’ve astutely surmised, is to wait.
You are more than welcome to ask them to stop offering you other vehicles, and just wait; I’m certain they’d have no problem with that.
I actually talked to folks at Lucid about it, and they were not aware of any issues with it, and they never pulled it from the store. I pointed them to the stories on this forum but never heard back, so it would appear that those might have been isolated events and generally customers didn't...