3 ms·

One can put anything they want to into an agreement, but that doesn't mean it's enforceable. Does Tesla even have a legal ground to successfuly sue someone for

by yreg 3y ago

One can put anything they want to into an agreement, but that doesn't mean it's enforceable. Does Tesla even have a legal ground to successfuly sue someone for breaking this clause? It might be there just to discourage the resales with no plan of actual legal action, no?

chrismcb 3y ago
If they put it in the agreement then yeah they have legal grounds. I believe there is precedent for this as well, I think some of the super car manufacturers do the same thing.
- deleted 3y ago
  [deleted]
- yreg 3y ago
  >If they put it in the agreement then yeah they have legal grounds. Not necessarily. To stretch the idea to the extreme, imagine they put in, that if you purchase the car, after one year you have to become a slave forever owned by Tesla. There would be no legal ground for them to sue you if you don't "check-in" at the factory after the one year passes.
penguin_booze 3y ago
I thought to myself the same: surely, I paid for the thing, and I own it; can someone else tell me what I'm to do with it? But then I realized that there are covenants that some home buyers have to agree to. In principle, it's similar--you agree to do, or not to do, some things with the very thing you own. But, aguably, covenants are for the benifit of the collective (say, a residential area), not for the seller or their reputation.
- Volundr 3y ago
  That CC&Rs are legal is crazy to me. The fact that one homeowner (or these days the original developer) can opt into a contract that binds every future owner of the property in perpetuity is too damn much. Yes I understand the mechanism, that the owner is agreeing not to sell to anyone who won't agree, so in theory every owner has "consented", but forever is a long ass time and it makes these things really far reaching. I strongly support more limits here.

3 ms·

One can put anything they want to into an agreement, but that doesn't mean it's enforceable. Does Tesla even have a legal ground to successfuly sue someone for

by yreg 3y ago

chrismcb 3y ago
If they put it in the agreement then yeah they have legal grounds. I believe there is precedent for this as well, I think some of the super car manufacturers do the same thing.
- deleted 3y ago
  [deleted]
- yreg 3y ago
  >If they put it in the agreement then yeah they have legal grounds. Not necessarily. To stretch the idea to the extreme, imagine they put in, that if you purchase the car, after one year you have to become a slave forever owned by Tesla. There would be no legal ground for them to sue you if you don't "check-in" at the factory after the one year passes.
penguin_booze 3y ago
I thought to myself the same: surely, I paid for the thing, and I own it; can someone else tell me what I'm to do with it? But then I realized that there are covenants that some home buyers have to agree to. In principle, it's similar--you agree to do, or not to do, some things with the very thing you own. But, aguably, covenants are for the benifit of the collective (say, a residential area), not for the seller or their reputation.
- Volundr 3y ago
  That CC&Rs are legal is crazy to me. The fact that one homeowner (or these days the original developer) can opt into a contract that binds every future owner of the property in perpetuity is too damn much. Yes I understand the mechanism, that the owner is agreeing not to sell to anyone who won't agree, so in theory every owner has "consented", but forever is a long ass time and it makes these things really far reaching. I strongly support more limits here.