Tesla Doesn't Want to Buy My Cybertruck

CyberMiami

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Has anyone actually heard of Tesla starting any litigation against a flipper?
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Cactusrick

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Has anyone actually heard of Tesla starting any litigation against a flipper?
yes
Has anyone actually heard of Tesla starting any litigation against a flipper?
Yea, read they were going after the dealer that flipped the first one...but half the time what I read isn't true....
 

Jhodgesatmb

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Yeah but it hasn't stopped the scammers who want to flip, and yet it IS stopping a person here trying to do the right thing, or reasonably close to it.

You will never catch me defending a scalper. They can all go to hell. But this isn't that.
IF he is trying to do the right thing I am sure that we would all agree/sympathize. The sad reality is that he made up a story and that suggests a nefarious situation and I cannot, personally, get behind someone that makes up stories and tries to get around something they agreed to based on those stories.
 

Jhodgesatmb

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Has anyone actually heard of Tesla starting any litigation against a flipper?
No, but I hope that they 'are' doing it, perhaps out of the limelight. I'd like to see all of them burned (meaning lose the vehicle, lose the profits, lose the cost of the vehicle, lose the ability to buy or use Tesla vehicles, made a public spectacle, etc.)
 

rizvend

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ChristoN

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Perceived “Build quality” is the definition of an “unforeseen circumstance.”
No it’s not. It’s subjective and there is no evidence to support it. If build quality was the issue then the lemon law provision/state statute would come into play. It’s already established that the real reason was economic.
 

rizvend

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As has been clarified but worth repeating: that is not how the provision works

and to further clarify how the provision works:

(1) Tesla has zero obligation to repurchase any truck, no matter the reason put forward by a buyer (and anyone expecting Tesla to be detail-oriented and emotionally open to reasons isn’t familiar with Tesla history)

(2) and IF Tesla does NOT choose to repurchase the truck AND does NOT provide you written consent to resell the truck, THEN the buyer is ‘stuck’ with the truck for the remainder of the 365 days (or faces the risk of attempted sale)






see (1) above






Only the people who bought to flip but didn’t understand how to do that correctly and out of Tesla’s reach

The people who bought to flip correctly and out of Tesla’s reach aren’t losing any sleep - it’s easily sellable if you did things right





It is not an actual “ROFR”, although people have used that phrase so loosely it could be confused


it is technically a ROFO (offer), but tied at the hip to a “hard consent” - Tesla has the right (but zero obligation) to offer to buy, and if Tesla declines to make an offer, then any sale is subject to Tesla hard consent to any 3rd party sale (which in this example they are refusing that consent) - backstopped by pre-agreed damages awards







this is how this provision was always going to play out

I won’t dig up my now ~year-old posts detailing that, but one can if they want

the way this provision works, there are three main buckets of outcomes where anyone appears concerned:

(a) knowledgeable flippers who understand how to purchase/sell these trucks out of Tesla’s reach - will do what they please with the trucks

(b) as hoc opportunist flippers who don’t know what they’re doing, so may be either entirely or only partially deterred from flipping

(c) real buyers, with legit reasons to sell (eg financial problems, divorce, deaths, or simply and genuinely finding the truck isn’t to their liking), who will be stuck with choosing to risk the legal penalties of a sale or instead stuck with the truck until the 366th day


and that’s just the customer-facing outcomes.

the Tesla corporate/PR outcomes won’t be a lot better. There’ll still be plenty of flipping by pros out of reach of Tesla, and irritating customers who don’t like to see flipping. And, Tesla will eventually step in it here, eg denying consent to sell to eg some poor recent widow who takes to social media and it gets picked up by every MSM outlet on the planet.


The net-net, risk-adjusted outcome of this provision?

Some limited number of novice attempted flippers will be deterred from selling altogether, other novices merely seeing their returns softened by having to market and price the trucks quietly

That’s is all anyone gets in exchange for the downside outcomes, eg meanwhile stopping legit buyers from selling for good reasons, minimal corporate PR uplift (because there’ll still be plenty of flipping irritating customers), and risking corporate PR downside of Tesla steps in it.




In other words, this provision is the sort of thing pushed out only by a public company that simultaneously has no marketing or functional legal department.
Having a year old post regarding this highly signifies that flipping was your intent to begin with and lost credibility right there. I still hope things work out for you, whatever that means to you.
 

malinecentral

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Tesla likely will not do anything. It has the potential to hurt their brand more than they would be able to recoup. There are hundreds of CyberTrucks for sale. Imagine the headlines once Tesla starts suing their customers. And then just one case goes viral that they are suing someone that has a legitimate reason or a huge sob story. If Tesla stock drops by a dollar that equates to 3 billion dollars in Market Cap. They would have to sue 60k CyberTruck owners to recoupe that and that doesn’t even account for the legal fees. And the reality is they admit they don’t even have a way to buy them back so they can’t even hold up their end of the agreement.
 

Lasttoy

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What state r u in?
Get a lawyer. Let him read the purchase contract, emails, and he can tell u the law in that state.
Note. There was a part in contract that all law suits had to be filed in San Francisco.
 

cvalue13

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Having a year old post regarding this highly signifies that flipping was your intent to begin with and lost credibility right there. I still hope things work out for you, whatever that means to you.
unwittingly telling the everyone here that knows that you don’t know much

and throwing strays, without bothering looking up the posts to have any basis for it hat you’re saying - lazy


those posts were saying, in short, “if you want to stop legit flippers, this won’t do it - it’ll do as much or more to harm legit buyers who later run into unforseen circumstances … Tesla’s being lazy, but some ding-dongs with no clue what they’re talking about will take this objection and in response pout ‘you must be a flipper’ only because that sort of obnoxious and dim-witted come-back is all their grey matter can muster”


OP’s post, and now your mud-slinging, just completes the loop
 


rizvend

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unwittingly telling the everyone here that knows that you don’t know much

and throwing strays, without bothering looking up the posts to have any basis for it hat you’re saying - lazy


those posts were saying, in short, “if you want to stop legit flippers, this won’t do it - it’ll do as much or more to harm legit buyers who later run into unforseen circumstances … Tesla’s being lazy, but some ding-dongs with no clue what they’re talking about will take this objection and in response pout ‘you must be a flipper’ only because that sort of obnoxious and dim-witted come-back is all their grey matter can muster”


OP’s post, and now your mud-slinging, just completes the loop
unwittingly telling the everyone here that knows that you don’t know much

and throwing strays, without bothering looking up the posts to have any basis for it hat you’re saying - lazy


those posts were saying, in short, “if you want to stop legit flippers, this won’t do it - it’ll do as much or more to harm legit buyers who later run into unforseen circumstances … Tesla’s being lazy, but some ding-dongs with no clue what they’re talking about will take this objection and in response pout ‘you must be a flipper’ only because that sort of obnoxious and dim-witted come-back is all their grey matter can muster”


OP’s post, and now your mud-slinging, just completes the loop
You really must be going through a lot now. I still wish good things for you and hope for a brighter tomorrow. Hang in there.
 

cgladue

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Agree it just states you have to give them the option to purchase it first. They can’t deny you and then still block you.
its called the right of first refusal for a reason, you give them the opportunity to buy or refuse. if they refuse, then your obligation is satisfied. Just like a timeshare, you have to give the timeshare "resort" the option to buy it before you sell it on open market, if they refuse then It's open for you to do whatever.
 

jerhenderson

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I think that the big problem here is that you lied to Tesla. You made up a rationalization with them and you told us the truth. You need the money you spent on the truck. Maybe if you had told them why you need the money and asked to be released from the agreement they might have responded differently. Now you will never know.
Yep.... lying about the reason wasn't a good idea
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