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

[JBee]

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.

Hi! Welcome to forum.

Would you be able to tell us at what point in the process a contract becomes legally binding? Is it after the court establishes its standing and makes orders, after a hearing of the claim?

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[Coolbreeze704]

In 2019 Robo taxi fleet seemed like it would be a reality by 2025. Elon and Tesla laid out the vision of all FSD vehicles could be used in the fleet by opting in. Elon showed a possible income per vehicle of 35k a year. I ordered 4 CT's so that when I retired in December of 2024 I could start putting my CT's into the fleet as income in retirement. The plan was one for me and 3 to run in the fleet.

 

[firsttruck]

Four years ago my multiple Cybertruck reservations were for robotaxi fleet. Almost every year since 2019, Elon predicted FSD would be ready by end of that year. So robotaxi should be active by time I got Cybertrucks. Unlike the reseller prohibitions, the Tesla Cybertruck Pre-Order Agreement had no prohibitions on use of Cybertruck on Tesla robot taxi network.

 

[Outdoors]

We have two reservations, and plan on keeping both. It fits our use case. Other cars in our family go to kids, wife has hers. I have mine. We had two crazy suburbans, why not two Cybertrucks?

 

[mrbulk]

Yes this makes me wonder what Tesla’s response would have been had the OP only reserved and took delivery of just the one truck.

 

[Crissa]

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.

That doesn't seem to be a citation of case law.

I wonder why?

-Crissa

 

[Outdoors]

Ok did I say I wanted 2 foundation? Just responding to the statement. Why? I am why. 2 Cybertrucks. I want 2.

 

[HaulingAss]

Gifts for family and friends?

 

[HaulingAss]

That doesn't seem to be a citation of case law.

I wonder why?

-Crissa

Nobody has provided case law that "no resale" sales contracts are illegal, because there aren't any examples of that. Conversely, there are cases that were successfully enforced (because the perpetrators were caught red-handed and didn't have a leg to stand on). When it's that clear cut, the perps don't want to go to court, they settle before they lose.

It's silly to claim a contract clause is illegal, without any evidence, just because someone doesn't want to abide by it. In that case, buy a different truck, most trucks don't have no-resale clauses. It's a free country, don't buy a vehicle having terms you don't want to abide by.

 

[HaulingAss]

Hi! Welcome to forum.

Would you be able to tell us at what point in the process a contract becomes legally binding? Is it after the court establishes its standing and makes orders, after a hearing of the claim?

By your twisted way of thinking, the law against murder isn't legally binding until you actually get convicted of it.

Don't play semantical word games here, it just makes it apparent that it's the only leg you have to stand on when you claim the contract clause is illegal and not enforceable.

It's plainly a double standard to call it illegal and unenforceable while simultaneously claiming it's not legally binding until it's tried in court. But you will twist reason and logic to the extreme to make it seem reasonable and rational. Notice I didn't say you were successful at making it sound reasonable and rational. But keep trying. Don't give up. Give us your best shot. Giving up is only for quitters.

 

[JBee]

By your twisted way of thinking, the law against murder isn't legally binding until you actually get convicted of it.

Don't play semantical word games here, it just makes it apparent that it's the only leg you have to stand on when you claim the contract clause is illegal and not enforceable.

It's plainly a double standard to call it illegal and unenforceable while simultaneously claiming it's not legally binding until it's tried in court. But you will twist reason and logic to the extreme to make it seem reasonable and rational. Notice I didn't say you were successful at making it sound reasonable and rational. But keep trying. Don't give up. Give us your best shot. Giving up is only for quitters.

You are still a joker and are still flip flopping because you still don't seemingly understand the process, or are intentionally mistepresenting it to save face.

A contract is not the law, your comparison is absurd.

If it was we wouldn’t need a court to validate or void it by testing it with the law, and it would be instantly enforceable.

I'll make a super duper, most excellent contract with you now.

"If the sky falls on your head you agree to pay me $1 million US dollars"

Now go and sign that and have it notarised, and send it to me.

Its completely fair and nothing worth loosing your sweet little head about Chicken Little.

 

[jerhenderson]

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.

Are you another Google lawyer ?

 

[HaulingAss]

You are still a joker and are still flip flopping because you still don't seemingly understand the process, or are intentionally mistepresenting it to save face.

A contract is not the law, your comparison is absurd.

If it was we wouldn’t need a court to validate or void it by testing it with the law, and it would be instantly enforceable.

I'll make a super duper, most excellent contract with you now.

"If the sky falls on your head you agree to pay me $1 million US dollars"

Now go and sign that and have it notarised, and send it to me.

Its completely fair and nothing worth loosing your sweet little head about Chicken Little.

The sky is not falling, you are the one claiming that a simple legal contract between consenting adults has a fatal legal flaw rendering it illegal/unenforceable but you won't provide any case law of similar contracts that have been shot down based, presumably, on some unknown principle.

I don't think the act of "the sky falling on someone's head" would be ruled to be anything but nonsense, an event that has no defined meaning, thus you could not enforce that contract.

On the other hand, the Cybertruck's Purchase and Sale Agreement's "no resale" clause is very simple and understandable as to what is expected of each party. It certainly could be enforced unless the court ruling on it has an activist judge just making up reasons why the contract can't be enforced. "No re-sale" clauses are not new or novel, they have been used for decades by many automakers.

I find it telling that you can't find a single example of a court saying there is something legally repugnant about a no-resale agreement. And why do you go on and on when you have no clue about what you are claiming?

 

[HaulingAss]

Are you another Google lawyer ?

Even if he/she had passed the bar and were licensed in all 50 states, a claim that unusual would need to be supported by case law or an actual statute before I took it seriously.

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