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CyberTruckeeTheOne

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This is not a crime as there is no victim.

The dude saw an opportunity and took advantage.

This is pure commerce and what capitalism is all about.

So spare me your rage -- and displays of envy.
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msdg137

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If anything it supports the current pricing of the FS trucks until prices go up or supply catches up.
 

jerhenderson

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Nice informative video.
When tesla did not compensate people when they sold their model Ys at a loss when prices dropped suddenly, they should not punish owners when they sell their CTs for a profit. It is the way business works.
Lol name a company that compensates people when their vehicles are worth less than they paid for them. I'll wait.
 

jerhenderson

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This is not a crime as there is no victim.

The dude saw an opportunity and took advantage.

This is pure commerce and what capitalism is all about.

So spare me your rage -- and displays of envy.
He broke the terms of the purchase agreement. Pretty cut and dry.
 

LordGeo

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I’d like to see everyone in the loop, including anyone that benefited financially in any way, tied to a stake and left there, on top of taking all of their assets. I have no tolerance for people that put their greed over everything else. I don’t really care about the enforceability of Tesla’s purchase agreement; these people know what they are doing and why and should be made an example of selfishness.
I have a very strong feeling that your anger is rooted in the belief that if he would've declined delivery you would get yours sooner lol
 


JBee

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Someone else is getting the truck to use, and is paying a premium for it.
Isn't he the one paying the price?
People are paying for FS to get it earlier too?

What's a few places resold, compared to a "random" handout of FS to reservation holders?
How's either fairer? Who can prove they "need it more" or should get theirs before someone else, or that any line should exist in the first place, because for some reason you should be "privileged" because of the time you managed to get your order into a server that was struggling to process requests from all around the world? lol!

The guy in the middle is a retailer. Go to a food shop. 100% markup is the norm.
We get "ripped off" in the name of capitalism every day.
But is paying with fiat currency really paying anything at all?

People getting upset for what they think is "morally correct", whilst operating in a corrupted system with corrupt values, that nobody even thinks twice about using. Dumb vs dumber, blind leading blind, being both victims and perpetrators at the same time. Morality has nothing to do with it.
 

firsttruck

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He broke the terms of the purchase agreement. Pretty cut and dry.

We need to be careful. I think there is more than one person involved and they have different roles, rights and responsibilities.

This has nothing to do with morals or emotions of my Cybertruck being delayed.

The issue is contracts (Breach Of Contract). Normal respect for contract is a key pillar that allows our advanced world-wide economies to exist at all. For thousands of years economies were slowed because economic entities had little trust in opposing parties so every transaction was done in-person with a hard currency or barter exchange valuable objects and probably armed guards the entire trip. Just the transaction costs contributed to why only the very rich could afford to own expensive stuff. Even if a peasant found enough gold to buy a custom carriage how was he going to make the order, wait for fabrication and pay in gold without getting robbed somewhere in the process or time-span. Is a custom carriage builder going to wait for payment until completion of vehicle when peasant might be robbed before then. Does peasant want to pay in advance when carriage maker might not deliver promised product.

The guy talking in the video owns the auction company. I don't think the auction guy was the original Cybertruck buyer. I think the auction guy made increasing higher and higher buy offers to Cybertruck owners (or soon to be owners) until he found some Tesla customers that would agree to break their contract with Tesla.


Based on the Cybertruck contract, the Tesla customers who basically took $100K profit bribe to break their contract with Tesla now owe Tesla $100K.


If Tesla can prove the auction house management knew the Tesla customers would be breaking contracts the auction house actions would be like a knowing buyer of stolen goods or similar to briber of company official/employee to violate a company policy.

-----------------


5 Types Of Damages For Breach Of Contract
Henke & Williams LLP
Houston, Texas
https://www.henkelawfirm.com/blog/litigation/business/5-types-of-damages-for-breach-of-contract/

.....
What damages are awarded for breach of contract?
There are five important types of damages that might be available, depending on your situation: compensatory damages, specific performance, an injunction, liquidated damages, or rescission. If you are dealing with a potential breach of contract, you probably need legal advice on what you should do next.


-----------------
 
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Coolbreeze704

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Someone else is getting the truck to use, and is paying a premium for it.
Isn't he the one paying the price?
People are paying for FS to get it earlier too?

What's a few places resold, compared to a "random" handout of FS to reservation holders?
How's either fairer? Who can prove they "need it more" or should get theirs before someone else, or that any line should exist in the first place, because for some reason you should be "privileged" because of the time you managed to get your order into a server that was struggling to process requests from all around the world? lol!

The guy in the middle is a retailer. Go to a food shop. 100% markup is the norm.
We get "ripped off" in the name of capitalism every day.
But is paying with fiat currency really paying anything at all?

People getting upset for what they think is "morally correct", whilst operating in a corrupted system with corrupt values, that nobody even thinks twice about using. Dumb vs dumber, blind leading blind, being both victims and perpetrators at the same time. Morality has nothing to do with it.
On point @JBee. Everyone has the right to their opinion and I understand the anger but Tesla has myself and many others jumping the line by offering a 20k golden ticket. My order number is 112824. I believe I am 70k plus inline by res #. Should have mine in March. How many people did Tesla allow me to pass by inviting me to pay 20k for the privlege.

Why aren't people mad at Tesla for offering this or upset with those taking the 20k offer to pass them?

Tesla is also going to continue to pass by many more until they feel they have extracted as many willing to pay that premium. It is smart on their part to minimize losses as they ramp but they are bypassing many day 1 reservation holders to get to those willing to pay for the privelegde.

By the way, miss you all. Hope you all are well. Been a while since I have posted. I check in every once in a while to see what @CyberGus has to say to make me chuckle. Miss you peeps.
 

JBee

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We need to be careful. I think there is more than one person involved and they have different roles, rights and responsibilities.

This has nothing to do with morals or emotions of my Cybertruck being delayed.

The issue is contracts (Breach Of Contract). Normal respect for contract is a key pillar that allows our advanced world-wide economies to exist at all. For thousands of years economies were slowed because economic entities had little trust in opposing parties so every transaction was done in-person with a hard currency or barter exchange valuable objects and probably armed guards the entire trip. Just the transaction costs contributed to why only the very rich could afford to own expensive stuff. Even if a peasant found enough gold to buy a custom carriage how was he going to make the order, wait for fabrication and pay in gold without getting robbed somewhere in the process or time-span. Is a custom carriage builder going to wait for payment until completion of vehicle when peasant might be robbed before then. Does peasant want to pay in advance when carriage maker might not deliver promised product.

The guy talking in the video owns the auction company. I don't think the auction is the original Cybertruck buyer. I think the auction guy made increasing higher and higher buy offers to Cybertruck owners (or soon to be owners) until he found some Tesla customers that would agree to break their contract with Tesla.


Based on the Cybertruck contract, the Tesla customers who basically took $100K profit bribe to break their contract with Tesla now owe Tesla $100K.


If Tesla can prove the auction house management knew the Tesla customers would be breaking contracts the auction house actions would be like a knowing buyer of stolen goods or similar to briber of company official/employee.

-----------------


5 Types Of Damages For Breach Of Contract
Henke & Williams LLP
Houston, Texas
https://www.henkelawfirm.com/blog/litigation/business/5-types-of-damages-for-breach-of-contract/

.....
What damages are awarded for breach of contract?
There are five important types of damages that might be available, depending on your situation: compensatory damages, specific performance, an injunction, liquidated damages, or rescission. If you are dealing with a potential breach of contract, you probably need legal advice on what you should do next.


-----------------
Many contracts are illegal.
There exponentially more contracts, than court cases, that prove their validity.

They must first be proven in court. You can even take your government to court that "makes" the rules...

All the rest is just a "threat" of litigation, where the one with the most money can litigate the one with less resources into submission.

In this case Tesla is using the threat of litigation under "their proposed " terms of the contract as a deterrent for those that cannot afford to compete against them, and mostly the mum & dad etc consumers, that don't have the means to go up against a multi-100s $billion company legal.

Who also so happen to be their main customers.

The clause is actually more anti-Tesla customer (that means against YOU buying a CT for your own use) than anti-flipping, by restricting the majority of people by fear from selling, even if they need to, without permission from Tesla. A flipper by definition does not want or need the vehicle, so is not disincentived by it.

Note here that even "flippers" had to order CT's on the reveal night one by one.

There never was an option to place an order for "two units" of CT on the order page.

That means anyone who ordered on that night, would have spent an hour just to place 10x CT orders, with anyone else ordering cutting in front of the flipper as the orders were processed by the server.

That in turn means that of the few hundred thousand orders processed in the first 48hours or so, any "flippers" could of only ordered a small percentage of whatever "real" orders were placed, by the sheer fact that the site didn't allow a single order for multiple vehicles.

Now if you take that number, lets say 200,000 then think about over what period they are expected to be delivered, being over more than a year from now, then the amount that "flippers" are responsible for delaying anyone's order, is miniscule, and NOT WORTH THE EFFORT of implementing such an absurd, "supposed anti-flipping" contract term in the first place.

I've said this before, the term is both ineffective and affects the wrong people.

This all despite the fact that Tesla is now also selling the CT at a higher price, and randomly assigning FS orders at a premium themselves, to "milk" their customer base anyway.

Honestly, this sort of behaviour has left me with some doubt that EM is in control, and would let this happen. He either doesn't know about it, or didn't care enough about it to make it right.

Somebody should ask him.
 
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firsttruck

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Not just politicians.

Solicitation (bribe) to someone to break policy or rules might get the solicitior in big trouble.

Some say no big deal, those other children that got skipped over / did not get admitted could have just gone to other cheaper schools.

--------------------------------

Varsity Blues Bribery scandal & College Admissions Scandal.
Some parents bribe college/university employees to get their children admitted.
https://en.wikipedia.org/wiki/Varsity_Blues_scandal

In 2019, a scandal arose over a criminal conspiracy to influence undergraduate admissions decisions at several top American universities. The investigation into the conspiracy was code named Operation Varsity Blues.[1][2] The investigation and related charges were made public on March 12, 2019, by United States federal prosecutors. At least 53[3] people have been charged as part of the conspiracy,[4][5] a number of whom pleaded guilty or agreed to plead guilty. Thirty-three parents of college applicants were accused of paying more than $25 million between 2011 and 2018 to William Rick Singer, organizer of the scheme, who used part of the money to fraudulently inflate entrance exam test scores and bribe college officials.[6][7] Of the 32 parents named in a Federal Bureau of Investigation affidavit filed in U.S. District Court in Boston, more than half had apparently paid bribes to have their children enrolled at the University of Southern California (USC).

......

* List of just a few parents who went to prison or paid large fines.

Lori Loughlin
Actress best known for her roles on Full House and When Calls the Heart. Sentenced to 2 months in prison, two years of supervised release, a $150,000 fine and 100 hours of community service.

Mossimo Giannulli (husband of Lori Loughlin)
Sentenced to 5 months in prison, two years of supervised release, a $250,000 fine and 250 hours of community service.

Jeffrey Bizzack
California businessman sentenced to two months in prison, $250,000 fine and to serve 900 hours of community service over three years of supervised release.

Todd Blake
Entrepreneur and investor, sentenced to 4 months in prison.

Marci Palatella
Pleaded guilty to conspiracy to commit mail fraud on August 25, 2021.[176] Sentenced on December 16, 2021, to six weeks in prison, a $250,000 fine, two years of supervised release, with a condition of home confinement for the first six months of supervised release, and 500 hours of community service, as previously recommended by both the prosecution and defense.

Robert Repella
Biotech executive who once served as CEO of Harmony Biosciences.[179] Pleaded guilty to conspiracy to commit mail fraud and honest services mail fraud. Sentenced to a month home detention, 220 hours community service and a $220,000 fine.[

Xiaoning Sui
Canadian resident who paid $400,000 in an attempt to pose her son as an alleged soccer recruit. Held in Spanish prison for 5 months before being extradited to the United States to plead guilty and sentenced to time served, $250,000 fine and a forfeiture of $400,000.

Homayoun Zadeh
Associate professor of dentistry at USC. Reportedly lost book deal following the accusations. Pleaded guilty on July 9, 2021, to one count of filing a false tax return.[189] Was given a sentence of six weeks in prison, 250 hours of community service and a $20,000 fine.

Robert Flaxman
Founder and CEO of Crown Realty & Development. Pleaded guilty to a single count of conspiracy to commit mail fraud and honest service mail fraud. Sentenced to one month in prison, 250 hours of community service, one year's supervised release and a $50,000 fine.

Michelle Janavs
Food industry executive and who was at one point regarded as the "heiress" to her father Paul Merage's former microwave snack company Hot Pockets.[57][201][202] Pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. Sentenced to five months in prison, 200 hours of community service, two years' supervised release and a $250,000 fine.

--------------------------------
 

JBee

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Not just politicians.

Solicitation (bribe) to someone to break policy or rules might get the solicitior in big trouble.

Some say no big deal, those other children that got skipped over / did not get admitted could have just gone to other cheaper schools.

--------------------------------

Varsity Blues Bribery scandal & College Admissions Scandal.
Some parents bribe college/university employees to get their children admitted.
https://en.wikipedia.org/wiki/Varsity_Blues_scandal

In 2019, a scandal arose over a criminal conspiracy to influence undergraduate admissions decisions at several top American universities. The investigation into the conspiracy was code named Operation Varsity Blues.[1][2] The investigation and related charges were made public on March 12, 2019, by United States federal prosecutors. At least 53[3] people have been charged as part of the conspiracy,[4][5] a number of whom pleaded guilty or agreed to plead guilty. Thirty-three parents of college applicants were accused of paying more than $25 million between 2011 and 2018 to William Rick Singer, organizer of the scheme, who used part of the money to fraudulently inflate entrance exam test scores and bribe college officials.[6][7] Of the 32 parents named in a Federal Bureau of Investigation affidavit filed in U.S. District Court in Boston, more than half had apparently paid bribes to have their children enrolled at the University of Southern California (USC).

......

* List of just a few parents who went to prison or paid large fines.

Lori Loughlin
Actress best known for her roles on Full House and When Calls the Heart. Sentenced to 2 months in prison, two years of supervised release, a $150,000 fine and 100 hours of community service.

Mossimo Giannulli (husband of Lori Loughlin)
Sentenced to 5 months in prison, two years of supervised release, a $250,000 fine and 250 hours of community service.

Jeffrey Bizzack
California businessman sentenced to two months in prison, $250,000 fine and to serve 900 hours of community service over three years of supervised release.

Todd Blake
Entrepreneur and investor, sentenced to 4 months in prison.

Marci Palatella
Pleaded guilty to conspiracy to commit mail fraud on August 25, 2021.[176] Sentenced on December 16, 2021, to six weeks in prison, a $250,000 fine, two years of supervised release, with a condition of home confinement for the first six months of supervised release, and 500 hours of community service, as previously recommended by both the prosecution and defense.

Robert Repella
Biotech executive who once served as CEO of Harmony Biosciences.[179] Pleaded guilty to conspiracy to commit mail fraud and honest services mail fraud. Sentenced to a month home detention, 220 hours community service and a $220,000 fine.[

Xiaoning Sui
Canadian resident who paid $400,000 in an attempt to pose her son as an alleged soccer recruit. Held in Spanish prison for 5 months before being extradited to the United States to plead guilty and sentenced to time served, $250,000 fine and a forfeiture of $400,000.

Homayoun Zadeh
Associate professor of dentistry at USC. Reportedly lost book deal following the accusations. Pleaded guilty on July 9, 2021, to one count of filing a false tax return.[189] Was given a sentence of six weeks in prison, 250 hours of community service and a $20,000 fine.

Robert Flaxman
Founder and CEO of Crown Realty & Development. Pleaded guilty to a single count of conspiracy to commit mail fraud and honest service mail fraud. Sentenced to one month in prison, 250 hours of community service, one year's supervised release and a $50,000 fine.

Michelle Janavs
Food industry executive and who was at one point regarded as the "heiress" to her father Paul Merage's former microwave snack company Hot Pockets.[57][201][202] Pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. Sentenced to five months in prison, 200 hours of community service, two years' supervised release and a $250,000 fine.

--------------------------------
Not sure how that is relevant or counters my statements.
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