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Gigahorse

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Tesla is watching... believe it!
Hope they are, if this sale goes through, especially for a high amount the temptation for people to sell will go way up and the number of people taking reservations just to flip will skyrocket.
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What's interesting is, the wholesaler didn't buy it directly, right? So someone already transferred their truck to this auction house. And tesla was not able to stop the transfer. Well, the wholesaler can't be held liable for anything. They aren't a party to the no resale clause in the order agreement. So really the only recourse that tesla has is to go after the original buyer. The wholesaler didn't receive stolen property. If tesla takes any action against them, or the eventual owner after the auction, they will open themselves up to legal action.

I'm not a lawyer, and wish all of the possible consequences on every single flipper, but I just don't see how at this point anything can be done other than go after the original seller to set an example.
 

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What's interesting is, the wholesaler didn't buy it directly, right? So someone already transferred their truck to this auction house. And tesla was not able to stop the transfer. Well, the wholesaler can't be held liable for anything. They aren't a party to the no resale clause in the order agreement. So really the only recourse that tesla has is to go after the original buyer. The wholesaler didn't receive stolen property. If tesla takes any action against them, or the eventual owner after the auction, they will open themselves up to legal action.

I'm not a lawyer, and wish all of the possible consequences on every single flipper, but I just don't see how at this point anything can be done other than go after the original seller to set an example.
allegedly this guy. He had another comment saying what day the auction was. This was from over the weekend and he’s listed as an automotive wholesaler on Facebook.

Tesla Cybertruck First Cybertruck at Manhiem wholesale auction IMG_5851
 

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Yep, that vin is gonna get em.
 


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if tesla finds out they are entitled to all profits, so either they are a big winner and tesla never finds out or they are a big loser tesla sues them takes all their profits and blacklists them forever. kinda hoping for the latter, the VIN is right there, so clearly easy to trace it back. Tesla may get an anonymous email alerting them at this fact too, never know :p
I am guessing any consumer that Tesla sues, will probably blacklist themselves. I do not disagree with Tesla wanting to limit resellers, since it makes waiting customers so mad, and Tesla is in a lose lose situation here. But many people really hate this policy, and if they get taken to the cleaners over it, its really unlikely they would ever buy from Tesla again. For that reason, I don't think black listing is a big threat.
 

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I am guessing any consumer that Tesla sues, will probably blacklist themselves. I do not disagree with Tesla wanting to limit resellers, since it makes waiting customers so mad, and Tesla is in a lose lose situation here. But many people really hate this policy, and if they get taken to the cleaners over it, its really unlikely they would ever buy from Tesla again. For that reason, I don't think black listing is a big threat.
The funny thing about that is, they don't seem to care what makes waiting customers mad. Special treatment to celebrities, VIPs, employees, 20k upsell to "get your truck now" only to be followed up with a 30,000 referral point line jump beyond the upsell whether your state is getting deliveries or not... Even if you exclude all of the ways for line jumps to occur, the "line" doesn't move in any logical order whether you do or don't factor in "activated states".

I really and truly hate scalpers, with a passion. But I just cannot imagine tesla putting in that resale clause because they care what their customers think/feel about flipping.
 
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Great news that this is allowed
Definitely not allowed, unless Tesla allows it by requesting it from them. Probably under extreme circumstances and surely not for profit
 


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So if Tesla DOES allow this, they are setting precedent in not going after a reseller. If they attempt to go after others after openly allowing an auction from a sold car, doesn’t seem it would hold up in court for them to attack subsequent resellers.
 
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Manheim is definitely not going to offer this if they will face a penalty
Someone sold their truck to a wholesaler who now is reselling it at Manheim. So the wholesaler or Manheim have nothing to loose. They didn’t agree to the order agreement, so only the original buyer is the one Tesla will go after.
 
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It’s very interesting how this is going to play out. Is Tesla going to make an example of this person. Who knows
 

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Could the buyer sell it to their business for exactly what they paid and then the business re-sells it to the auction house? In that case, the maximum damages is 50k. They could just put a reserve on it for 50k + auction fees over their cost and they are guaranteed not to lose out.
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