TESLA is Cancelling Cybertruck FS Orders - No Refunds - Sign the Petition

[RoboTaxi]

I specifically remember I’ll be out $1000 if I back out. I thought about for 1/2 a day and took the plunge.

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[A-AY-RON]

 

[dalton108]

The title might be unclear. Tesla WILL cancel your order if you do not take delivery, that much is well known. But this isn't a malicious action by Tesla. Its the buyer that is refusing to move forward with the purchase and is forfeiting the deposit, indirectly cancelling the order.

OP is simply suggesting alternatives to cancelling the order that still result in a vehicle sale for Tesla from that specific buyer. I think it makes a lot of business sense for Tesla and will result in a net increase in CT sales. How many people will feel burned (justified or not) and refuse to ever buy from Tesla again?

Umm. ? No.

If you agree to purchase a vehicle and then put down a $1000 earnest money deposit and then decide that you no longer want to complete that transaction it is you who is breaching the agreement i.e. canceling your order.

You, the MALFEASANT, have decided that you no longer wish to complete the transaction which you have obligated yourself to by: 1) completing an order form and, 2) putting down what is called an “nonrefundable deposit” but which is in fact “earnest money” no different than what you would put down in a real estate transaction even though this is a transaction for the purchase of a car which is a good/chattle. in fact, when you give them your thousand dollars, they can’t spend it until you complete the transaction or default because it is “in escrow.”

So, just like a homeowner who, as a result of your breach, has lost the opportunity potentially to sell their home to someone else, Tesla, in this instance, has lost the opportunity to sell that vehicle potentially to someone else and the liquidated damages that you all agreed to was $1000. Because of your breach you have forfeit that money. And you should be thankful, because the alternative would be a lawsuit where you would have to defend against Tesla’s lawyers trying to demonstrate the economic harm caused by your breach; and even if you won, you’d still be out obscene amounts of money and legal fees.

The party who has been wronged, Tesla, is under no obligation to either: make you feel better about your breach, or give you your forfeit money back, or roll it over into another transaction for you. In fact, it would probably be foolish since you’ve already demonstrated that you are more than willing to renege on your agreements.

This is not hard, you are not the victim, this petition is idiotic and I hope that you have a good day.

Yes, I in fact am a licensed attorney. A rather successful one. No, I’m not providing you with legal advice.

Yes, if you were to convert this idiotic petition into some sort of legal action you would be laughed out of court and likely end up paying Tesla’s attorneys fees.

Buy the car as you agreed or don’t and lose your thousand bucks. This is precisely what you signed up for. That goes for anyone similarly situated.

You guys are like the cast of Rent trying to make the landlord out to be the fucking villain you idiots need to pay your goddamn rent he’s been over backwards to help you clowns! (I really hate that damn play, and Andrew Lloyd Webber).

 

[Crissa]

Wow. This is a polarizing topic!

Honestly, why people thought they could skip ahead with a non-refundable deposit kinda... Well.

Pull up Domino's website and order a supreme pizza. Then when the delivery guy shows up with the pizza already made, tell him you actually wanted just pepperoni. Or tell him that you just made a bologna sandwich instead. See if they'll refund your card.

To be honest, when I worked at Dominos, we'd just give the money back and eat the pizza ourselves. Just to get rid of them.

But to be true, this is the manager coming down and saying 'Okay, enough,' because if you did that enough, the manager would put your number on a list where you had to pay first.

-Crissa

 

[Strykerwsu]

Nope lol

That's a good point. what if you don't want to pull the trigger on your FS yet because Tesla has not delivered on all the promised features?

That's probably the only legit argument

Yep

 

[Crissa]

Again , it doesn’t matter what a rep told you or that “ documented proof of everything “ mean absolutely nothing. You or anybody else that put a non refundable deposit down on the foundation series was for just that…. A foundation series cybertruck. I’m honestly amazed this is even a topic

It does matter what a rep told them. The business is responsible for claims their reps make. Yes, get it in writing, but if someone promises something...

-Crissa

 

[Crissa]

Or for the day one reservation holders who held out for non-FS.

5 year mark approaching quick

No kidding. 93! That would be two original-price Cybertrucks so far. I'l take one of those.

-Crissa

 

[BeastDrew]

Entitlment...

 

[dalton108]

It does matter what a rep told them. The business is responsible for claims their reps make. Yes, get it in writing, but if someone promises something...

-Crissa

1. A frontline non-managerial employer is not able to bind an organizations to any terms.

2. The written agreement that OP entered into on his phone computer or wherever he did it is a completed transaction that can’t be modified orally by anyone.

I every single person who entered into an agreement to purchase a Foundation Series Cybertruck went through the exact same procedure.

Tesla made an offer publicly through various channels for us to purchase a vehicle. We accepted that offer by (1) configuring one of the vehicles on offer (as has been pointed out by many, as of this writing, Tesla has not yet offered for sale ANY non-foundation CyberTrucks); and (2) putting down earnest money to signify our intention to perform in accordance with our agreement (namely, upon tender by Tesla, buy the truck).

That transaction was done complete and over when OP clicked yes and sent the $1000.

It’s not modifiable, either by OP to say, “no I don’t want the vehicle that I agreed to purchase from you, I want a different one which you didn’t offer.”

Nor is anyone in a position to modify the agreement on behalf of Tesla including EM. Certainly not orally by some front facing grunt documented by OP or no.

A couple of folks have suggested that Tesla breached by not delivering a fully complete foundation series with all of the promised accoutrements and features, but this ignores the fact that each and everyone of us was told at the time we ordered that several of the promised doodads & features were not yet available and would be delivered at a later date. EVERY. SINGLE. ONE. OF. US.

If that were not the case, a very good argument could be made that Tesla breached by not tendering what was promised, but since that isn’t what happened … it’s a baseless counterfactual red herring.

Now, as I said before, Tesla could choose to not exercise it’s remedy (liquidated damages in the amount of $1000) for OPs breach and either give him his thousand dollars back or let him roll it into the purchase of a different vehicle which was not part of this agreement, but that is entirely within Tesla’s discretion.

So, from that standpoint, the petition is one way to ask Tesla to please exercise it’s discretion and forgive OPs transgression, but the attitude that Tesla owes something to folks who are the actual tortfeasors is preposterous. It’s one of the rare actual examples of “entitlement” that gets thrown around far too often as a derisive term these days.

It’s one thing to exercise poor judgment and breach a freely entered into contract; It’s an entirely different thing to act like you’re the victim and obtusely demand that you be treated fairly!

Insanity.

 

[dalton108]

Entitlment...

Well, I think I just did a 600 page rant to say exactly the same thing!

Brevity is definitely the soul of wit. ??‍

 

[Pops]

Umm. ? No.

If you agree to purchase a vehicle and then put down a $1000 earnest money deposit and then decide that you no longer want to complete that transaction it is you who is breaching the agreement i.e. canceling your order.

You, the MALFEASANT, have decided that you no longer wish to complete the transaction which you have obligated yourself to by: 1) completing an order form and, 2) putting down what is called an “nonrefundable deposit” but which is in fact “earnest money” no different than what you would put down in a real estate transaction even though this is a transaction for the purchase of a car which is a good/chattle. in fact, when you give them your thousand dollars, they can’t spend it until you complete the transaction or default because it is “in escrow.”

So, just like a homeowner who, as a result of your breach, has lost the opportunity potentially to sell their home to someone else, Tesla, in this instance, has lost the opportunity to sell that vehicle potentially to someone else and the liquidated damages that you all agreed to was $1000. Because of your breach you have forfeit that money. And you should be thankful, because the alternative would be a lawsuit where you would have to defend against Tesla’s lawyers trying to demonstrate the economic harm caused by your breach; and even if you won, you’d still be out obscene amounts of money and legal fees.

The party who has been wronged, Tesla, is under no obligation to either: make you feel better about your breach, or give you your forfeit money back, or roll it over into another transaction for you. In fact, it would probably be foolish since you’ve already demonstrated that you are more than willing to renege on your agreements.

This is not hard, you are not the victim, this petition is idiotic and I hope that you have a good day.

Yes, I in fact am a licensed attorney. A rather successful one. No, I’m not providing you with legal advice.

Yes, if you were to convert this idiotic petition into some sort of legal action you would be laughed out of court and likely end up paying Tesla’s attorneys fees.

Buy the car as you agreed or don’t and lose your thousand bucks. This is precisely what you signed up for. That goes for anyone similarly situated.

You guys are like the cast of Rent trying to make the landlord out to be the fucking villain you idiots need to pay your goddamn rent he’s been over backwards to help you clowns! (I really hate that damn play, and Andrew Lloyd Webber).

Since you quoted me I assume you are directing this response to me. I have my CT, I am not asking Tesla for a refund, I do not think anyone is, including the OP. Who cancels it is not really the heart of this discussion, its about altering the orders from FS to non-FS or the other 2 options mentioned(none are a refund). I would have thought "a rather successful" lawyer wouldn't have missed the entire point of the thread.

Tesla already does this for their other vehicles... they allow changes to the orders. This ability to alter the order is not mentioned in the agreement. Yet everyone is acting like its complete unreasonable to do for the CT.

I simply have the opinion that Tesla would sell more vehicles and earn more revenue if they agreed to sell these customers a different vehicle. Its clearly an unpopular opinion, and I am ok with that. We can agree to disagree.

 

[TimeOut]

SIGN THE PETITION https://chng.it/74JWJbTxJz

Tesla is cancelling Foundation Series Cybertruck orders, and forcing people who ordered an FS Cybertruck to take delivery or lose their $1,000 deposit.

In November 2023, Tesla starting taking $1,000 deposits for a Foundation Series Cybertruck.
There are plenty of people that put a $1,000 deposit thinking they would get a non-FS Cybertruck.

Our petition is for TESLA to:

#1 Allow those people, who put a $1,000 deposit, to get put in the line to get a non-FS Cybertruck.
#2 OR convert to another Tesla Model delivery
#3 OR convert to Tesla Cash.

Or, now get this, if you paid $1000 to order your FS Cybertruck, take delivery of your Cybertruck.

 

[dalton108]

Since you quoted me I assume you are directing this response to me. I have my CT, I am not asking Tesla for a refund, I do not think anyone is, including the OP. Who cancels it is not really the heart of this discussion, its about altering the orders from FS to non-FS or the other 2 options mentioned(none are a refund). I would have thought "a rather successful" lawyer wouldn't have missed the entire point of the thread.

Tesla already does this for their other vehicles... they allow changes to the orders. This ability to alter the order is not mentioned in the agreement. Yet everyone is acting like its complete unreasonable to do for the CT.

I simply have the opinion that Tesla would sell more vehicles and earn more revenue if they agreed to sell these customers a different vehicle. Its clearly an unpopular opinion, and I am ok with that. We can agree to disagree.

It very much is the only point that matters. He accepted the only offer made, then he breached.

There was no offer to buy anything other than a foundation series truck.

Tesla deciding to disregard the breach and allowing him (or anyone else) to buy a non-foundation series truck isn’t something that OP is entitled to legally, morally or otherwise. He is the baddie. ?

Your belief that it would be a brilliant business decision, not withstanding, what I and others are responding to is the unmitigated gaul to frame this as “Tesla canceling someone’s order” and then supposedly aggrieving them by not modify the deal that they willfully breached.

That, sir, is the crux of the issue.

I quoted you because of your reference to OPs situation and cosigning the notion that Tesla “canceled his order.” this is counterfactual, Tesla is not “canceling his order” in any since that words have meaning. He did that. They are accepting his repudiation of the agreement to purchase the offered vehicle.

I clearly referred to the actor as being OP which is clearly not you. Nor, did I suggest anyone was seeking a refund as a remedy.

What I said was that the petition itself was idiotic and I further implied that it was the product of egregious entitled wrong-minded thinking. I said precisely what I meant and at no time did I insinuate that I thought that you were also a tortfeasor, or were asking for a refund or any other accommodation.

And we will certainly have to disagree that it makes good business sense for Tesla to allow OP ( <— hint: that’s how you I’m talking about them, not you) to roll his entirely forfeited deposit into some other transaction, whether it be buying a non-foundation series vehicle or products from the Tesla shop. The thousand dollar liquidated damages represent compensation for harm done to the seller by OP.

Lost man hours, time, energy logistical issues etc. for farting around with somebody who refused to follow through on their promise to purchase the offered vehicle (and as a matter of critical import was told in advance with the consequences of not following through with the deal would be, agreed to those terms and then breached anyhow). It’s not like he was walking around the dealership kicking tires (which creates no obligation to purchase whatsoever), he entered into a binding agreement to purchase the vehicle, then reneged.

Transmuting that into giving away free stock (as in goods in inventory) or some other accommodation isn’t what capitalism is about. The POINT of earnest money/nonrefundable deposits/liquidated damages is to prevent people from doing exactly what OP did! They don’t need to buy his goodwill. He needed to buy the car that he promised to buy. Fin.

Thank you. Good day.

 

[Tinker71]

The people signing this petition not only want their $1000 back, but also want to be the first in line to get their non-FS truck.

Still, we can always hope for good will and that Tesla would convert this to another Tesla vehicle there by earning another sale rather than alienate a customer even if the customer is wrong.

 

[Crissa]

1. A frontline non-managerial employer is not able to bind an organizations to any terms.

This is not true. Businesses are liable for employee action.

Liability isn't a binary, tho.

-Crissa

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