WHIZZARD OF OZ

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I chatted with the man who FLIPPED the first Cybertruck for $245,000
John Clay Wolfe

- how it went down
- total profit
- thoughts on the no resale agreement
- his words for Elon Musk
- and his predictions on the CT market




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'FLIPPERS NOTE': The BEST Lawsuit is NO Lawsuit.
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Chris9702L

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I’ve changed my mind after watching these two flipper videos. Yes I want my truck and will not resell it. I was irritated with the flipping. But here is the thing, Tesla has the no resale clause in it. But if they are not going to enforce and start suing the original buyer then the clause is worthless and people will still do it. Mankind is a greedy bastard. These two guys are slime balls. But they are really not any different from normal auto dealers who mark up the price and try to get you to buy at that higher price. It’s your job to be knowledgeable and try to negotiate that price down. That why I always hate going to dealers to buy a car.
 

CyberTruckeeTheOne

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What if what you promised to do was illegal and hand no standing in the court?
What if the circumstances change outside of your control?
What if the term was onerous and against your rights to begin with?

You can't enforce something that is illegal to begin with.

The whole point of taking it to court is to see if it is illegal or not.
There is also such thing as illegal ab-initio (at the start) as this condition is a restraint in commerce.

Simply, you made profit on me by buying and paying in full for your product and I am not allowed to make profit too in a resale?

As to filing a claim, Tesla would have to present a demonstrable damager.

According to @Crissa, it's when Tesla was unable to get data because the unit is not running while on display, lol.

And to other fan bois, Tesla's feelings was hurt because "he lied to me".
 

HaulingAss

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Breach of contract has to be established by a court before you can call it one.

Prior to that it is just called a "claim".

Honestly, it's a claim of breach of contract. But if you sign a contract in which you agree to the no re-sale clause, and you sell it within a year without giving Tesla the first right to purchase it, well, you don't have to be a high-priced lawyer to realize you just breached the contract.

Your "fear" is the proof in the pudding that this clause is just a deterrent, by making those that don't know better fearful of litigation by a multi billion dollar company.
Yes, it's a deterrent. And that's a good thing. There's a good reason the "no resale" clause is a deterent. Specifically, it puts Tesla in a very strong position, should you decide to breach the contract. Honestly, they don't even have to enforce it for it to act as a deterrent. Because there is always the possibility that they will.

I'm tickled pink that Tesla had the foresight to include it. I'm so close to getting a Cybertruck I can taste it. And that would not be the case without the "no resale" clause. Because a lot of people who passed on their invite to configure, would have followed through on the purchase just to resell it.

That's accelerating those of us with reservations towards the front of the line. :cool:
 
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HaulingAss

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There is also such thing as illegal ab-initio (at the start) as this condition is a restraint in commerce.
The "no resale" clause is a right of first refusal. Tesla has the first right to repurchase it at a price defined in the contract, if you decide to sell it within a year.

The right of first refusal contracts have been repeatedly upheld in court. Calling this kind of clause illegal and "a restraint in commerce" is just naive. There is nothing to support such a ridiculous idea.
 


SlegMD

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This guy sounds like a complete pompous F-Burger.
As he says in the video, he worked so hard to free himself of that image, he just addicted to the gamble of scraping dollars off other people’s money. However, he is very good at it 😉😉😉
 

Beyond

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These two guys are slime balls. But they are really not any different from normal auto dealers who mark up the price and try to get you to buy at that higher price.
Surely you're not saying that car salesmen are untrustworthy? ;-)
 

CyberTruckeeTheOne

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Surely you're not saying that car salesmen are untrustworthy? ;-)
And that Ford in the release of Lightning took advantage by overpricing.

While we peasants are not allowed to take the opportunities and quicknprofit.
 

rudedawg78

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What if what you promised to do was illegal and hand no standing in the court?
What if the circumstances change outside of your control?
What if the term was onerous and against your rights to begin with?

You can't enforce something that is illegal to begin with.

The whole point of taking it to court is to see if it is illegal or not.
I think we need a lawyer to settle this dispute. Any lawyers in our CTOC forum able to settle this? I know we have a vast amount of career fields represented in our forum.
 


JBee

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I think we need a lawyer to settle this dispute. Any lawyers in our CTOC forum able to settle this? I know we have a vast amount of career fields represented in our forum.
@cvalue13 is but he's already written whole threads on this old subject that can be researched if you missed it last year.
 

rudedawg78

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@cvalue13 is but he's already written whole threads on this old subject that can be researched if you missed it last year.
I haven't heard much from CV for a bit.
 

JBee

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cvalue13

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@cvalue13 is but he's already written whole threads on this old subject that can be researched if you missed it last year.
i haven’t watched any of these vids to hear how they went about it


BUT, from the start, the way Tesla structured their “no resale” clause left several GLARING and PERMISSIBLE ways to sell the Cybertruck, to anyone with any basic transactional knowledge.

To those screaming “loophole”, however, let’s be clear about WHY Tesla left those loopholes: because all things equal, those loopholes are beneficial to Tesla.

Put differently: Tesla wanted its cake and to eat it, too, and so they were “fine” with leaving those loopholes in order to arrive at the balance they want.

I’ve said from the start: why I don’t like the Tesla clause is because it primarily works to keep regular people regular, while anyone with a bit of know-how TESLA INCLUDED still gets what they want.



Y’all creating about dishonesty and poor Tesla, fail to see the forrest for the trees: there are entirely “honest” ways to acquire/sell the CT, permitted by the no-sale clause language, and Tesla knew that, in part because they benefit from it, too.
 
 




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