Be careful selling your Cybertruck! Tesla found sale listings, cancelled my other reservations and I may be blacklisted

[CyberTW]

I guess I just bumped up two numbers..

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[carsly]

For those thinking "I paid for it so I can do what I want" you should try buying a house (or co-op) with a homeowners/co-op association.

I assure you, you CAN NOT do what you want with your property. Yes, even in Florida.

 

[Makeodds101]

Does anyone actually read the agreement? lol

The agreement states that Tesla will buy it back within. the no-resale period, with a very minimal depreciation penalty based on age / mileage.

If you have financial hardship and can't afford it, you can basically just give it back and barely lose anything.

They don’t… financial hardship is just something you say after as an excuse. Buying a 100k truck before taxes is silly if that’s a possibility. Considering the 4+ years we’ve all had to really manipulate our finances to get the truck if we really want it.
If some one gets it, and wants to make money, do you and sell it. I wouldn’t, I want the truck and it’s not worth the headache if Tesla finds out. If you think it’s not right and Tesla is out of line, why even give them your business. But either way, like everyone does … do what you can and what you think you can get away with.

 

[ÆCIII]

So far they have cancelled my other reservations. No other word. Now we wait and see if they drop the hammer.

Haven’t even sold yet. Just listed it. Loss and Prevention flagged me and Store Leader reached out to let me know they cancelled my other reservations.

Updated with more info:



Correct. Took delivery. Had two more reservations. They cancelled those and refunded. Said if I ever try to place an order again it will not be refunded.

I have not sold anything. I listed it on multiple sites to feel it out.



Based on the wording I may be blacklisted. It’s unclear to me if that is for a new CT only or any Tesla.

Why are you posting to 'warn' us of this? We already know such options Tesla may chose to exercise, as these terms are stated in our Pre-Order Agreement as well. Don't you think if people can read in these forums, that they can also read and understand a Pre-Order Agreement? Why would you think Tesla is not genuine in their stated terms of the Pre-Order Agreement, while at the same time Tesla is making genuinely awesome products that require a waiting list before we can accept such Pre-Order Agreements in the first place?

- ÆCIII

 

[Cyber07]

While I don't endorse the OP actions Tesla contractual language has NOT excluded trying to sell to third party. Actually, the contract language allows it IF they decide not to buy back or respond for such a request in a reasonable manner. It is absolutely has no restriction for intent to sell or solicit to sell.

OP could have just done a simple inquiry.

Hence, I strongly disagree with Tesla action on this matter and IMHO you have legal standing against this behavior.

On the other hand if you have ordered multiple CTs just to flip and not use it, it is on you if Tesla suspect that your final exit from those usage is not actual usage but flipping. It is difficult to show good faith on your side when you entered into such a contract that you want to break it from the start. [Hence, you are acting in bad faith]

 

[Kaz109]

Why are you posting to 'warn' us of this? We already know such options Tesla may chose to exercise, as these terms are stated in our Pre-Order Agreement as well. Don't you think if people can read in these forums, that they can also read and understand a Pre-Order Agreement? Why would you think Tesla is not genuine in their stated terms of the Pre-Order Agreement, while at the same time Tesla is making genuinely awesome products that require a waiting list before we can accept such Pre-Order Agreements in the first place?

- ÆCIII

I am waiting for one the ppl like yourself to reply to my post….

 

[jerhenderson]

Lol good - you deserve that for violating your purchase agreement. I have no sympathy if that's what you're looking for by posting here.

 

[Kaz109]

Lol good - you deserve that for violating your purchase agreement. I have no sympathy if that's what you're looking for by posting here.

My reply is for you as well

 

[Crissa]

- no software updates, ever (might impact resale)

That would violate federal safety regulations.

And impacting future owners would look bad for Tesla.

-Crissa

 

[HaulingAss]

The blacklist and prevention of future orders was always a possibility and most likely thing Tesla could do.

But the main debate has been whether Tesla will actually sue to enforce the no-sale clause and seek to enforce the liquidated damages clause which so far the "internet lawyers" have been correct as Tesla hasn't done crap.

No, the debate was whether the "no resale" clause was legal and enforceable (of course it is), not whether Tesla would enforce it beyond blacklisting violators from buying future vehicles from Tesla.

We know they will blacklist; we don't know if they will use their lawyers to collect any profits from the sale (or the $50K flat fee). Tesla would never collect those fines for the money, only to stem the tide of an out-of-control black market if they felt it was necessary.

 

[noshi47]

No, the debate was whether the "no resale" clause was legal and enforceable (of course it is), not whether Tesla would enforce it beyond blacklisting violators from buying future vehicles from Tesla.

We know they will blacklist; we don't know if they will use their lawyers to collect any profits from the sale (or the $50K flat fee). Tesla would never collect those fines for the money, only to stem the tide of an out-of-control black market if they felt it was necessary.

haha ok, um no, Tesla's liquidated damages is unenforceable and likely unlawful which is why I gather they r not actually suing customers in court to try to enforce it bc they know it.

 

[Crissa]

haha ok, um no, Tesla's liquidated damages is unenforceable and likely unlawful which is why I gather they r not actually suing customers in court to try to enforce it bc they know it.

Yes, that's why you described it incorrectly, we should trust rando on the internet without any case law to cite.

-Crissa

 

[noshi47]

I didn't describe it "incorrectly," Tesla's no-resale clause is framed as a liquidated damages provision. I've been a litigator over 20yrs so I've litigated these types of provisions quite a bit. Tesla won't have any problems blacklisting customers or canceation reservations etc... but if they try to enforce the liquidated damages $50k or whatever profits gained from the resale clause in court, they will lose.

Wake me up when Tesla actually sues a customer in Court to try to enforce the liquidated damages clause. Hint, it won't happen.

 

[JBee]

I have one for each family member plus some as batteries for the workshop. Cheaper than Powerwalls per kWh and comes with a free car.

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