Splitting up reservations made by company

[M35runner]

Hi guys, does anyone here know how Tesla might handle reservations belonging to a company that is being split up? I talked to a sales rep who more or less said we could sort things out when the truck is released but I would like to be a little more proactive if possible.
Basically I am one of four partners of a side business that didn’t materialize and we are all happy to call it quits. Problem is we made four Cybertruck reservations under one account back in 2020 and now each of us would like to have our reservation separately. The partner that created the account just used his name so I am hoping Tesla doesn’t give us a hard time about splitting things up. Any thoughts on our options?

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[PilotPete]

Any thoughts on our options?

Draw up an agreement specifying what happened and how things will be divided. Signed and notarized.

 

[ÆCIII]

My thoughts:

This could be perceived as a scam to prearrange a flip sale (scalp) of a batch of early reservations, so you want to tread carefully and honestly.

I think the only way would be to communicate directly with Tesla, so they could reallocate the reservation quantity to each of the former business stakeholder names in advance (if they would even agree to do so), so that Tesla would be dealing with each of them directly as separate customers at time of configuration and purchase.

But even this option might be rejected by Tesla, because who is to say that in return for getting the reservations reallocated to those people, one might be getting a 'side kickback' cash amount for them so that would be in effect still a sneaky way to scalp early Cybertruck reservations.

So personally I wouldn't be surprised if Tesla still just said no, and that you have to keep the reservations as is, with the option to purchase or cancel all or some.

They may just reassert to you that it's the responsibility of the one who made the original reservation, to buy or cancel whatever quantity they choose.

- ÆCIII

 

[Jhodgesatmb]

Draw up an agreement specifying what happened and how things will be divided. Signed and notarized.

I would do that but also draw up a contract because it is likely that the one that made the reservation will have to purchase the trucks and then transfer them to the others. The letter should help with Tesla and the rest of it is to protect the rest of you from losing your trucks. If it were me I would commit in the contract to not selling the trucks in less than a year. That part is to placate others from implicating you as flippers.

 

[PilotPete]

I would do that but also draw up a contract because it is likely that the one that made the reservation will have to purchase the trucks and then transfer them to the others. The letter should help with Tesla and the rest of it is to protect the rest of you from losing your trucks. If it were me I would commit in the contract to not selling the trucks in less than a year. That part is to placate others from implicating you as flippers.

The only issue with that is a technical one. In order to have a contract, there must be some compensation (consideration). Without consideration, it is not a contract. An agreement doesn’t require that. If there were exchanged consideration, you could possibly run afoul of the Tesla purchase agreement, and you don’t want that. So that’s why I recommended an agreement.

 

[SlegMD]

Hope you and your buds are in mutual agreement!

 

[M35runner]

Thank you for the responses. I’m surprised to hear how potentially sensitive Tesla might be to something like this. We are all friends on good terms and if it comes down to it we could order through the original account. But considering the hassle that would involve, we’ll give PilotPete’s agreement method a shot and hopefully Tesla works with us!

 

[jedfoley]

Draw up an agreement specifying what happened and how things will be divided. Signed and notarized.

Agreed. I don't think there is any reason to think Tesla is interested in arbitrating your issue.

 

[davelloydbrown]

There has been a lot of threads and posts and quite a bit of backlash about people trying to sell their reservation spot.

I did a quick search and I couldn't find any threads about how people think tesla will deal with multiple reservations.

There have been numerous posts about people reserving up to 100 CTs.

With a rumoured 2 million reservations, I think it would be reasonable for tesla to only deliver one CT per registered email address, at least until production has suitably ramped.

Has this been dealt with before? What do people think?

This would definitely be good news for people further back in the queue as it will move them up.

 

[FutureBoy]

Has this been dealt with before? What do people think?

Yes. And it's a touchy subject with multiple angles of view.

 

[GlockandRoll]

I don't think they will buy it.

 

[hridge2020]

Draw up an agreement specifying what happened and how things will be divided. Signed and notarized.

 

[VC-WA-CT]

If it comes down to it, you may need to go to court. One primary issue here is that Tesla is several years late bringing the product to market. This means that you will not be the only persons affected. What about people who made a reservation and are now deceased? Will the beneficiaries of their estates be able to purchase the vehicles, sell them and divide the proceeds? Be aware that Tesla cannot simply do whatever it wants to as there is an immense body of case law already in existence. There might wind up being a sizable class action lawsuit. You might want to consult an attorney regarding the matter. Are there any attorneys reading this who have applicable experience in this type of contract law who could weigh in here?

 

[Crissa]

If it comes down to it, you may need to go to court. One primary issue here is that Tesla is several years late bringing the product to market.

Tesla is not several years late, given several facts:

• Several usually means 4+. Four years ago today, the Cybertruck had not been revealed yet.
• The delivery and production ramp of any vehicle takes time. Anyone who isn't in the first 50K shouldn't have expected a vehicle on the launch date.
• And anyone who wanted the refund, can get one.
• Lastly, they were sold as 'nontransferable'.

Anyhow, as the reservations belong to the company, the company can not technically unwind until they've been refunded or the transactions completed.

-Crissa

 

[GlockandRoll]

yeah, good luck getting that case heard.

"Your honor, I am representing my client, Cybertruck Scalpers LLC?"

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