- First Name
- Oct 3, 2020
- Reaction score
- Washington State
- 2010 Ford F-150, 2018 Tesla Model 3 Performance
Gus, you are missing some basic tenants of contract law vs. lemon law. When a consumer uses lemon laws, the onus is on the consumer to show they fall under lemon law protections. With the clause we saw in the purchase and sale agreement requiring the purchaser to notify Tesla of their intent to sell, the onus to take action (or lose their right to purchase) would fall on Tesla. They would have to excercise their right in a reasonable amount of time or else the consumer could not be found to have breached the contract if they sold to a third party.Did you see my post about the Model X owner's woes? It took Tesla months to buy back the vehicle after they had agreed to do so under the Lemon Law, and the law was on his side!
To my knowledge, there are no consumer-protection laws governing such "anti-resale" language in a sales contract.
A rational actor will generally behave reasonably, but the clause did not require Tesla to do so. It was badly worded, regardless of the broader intent.