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The parent comment is just wrong on it's main point, and several other points. Here's the Cybertruck specific text from the agreement image: "For Cybertruck O
by tyingq 3y ago
The parent comment is just wrong on it's main point, and several other points. Here's the Cybertruck specific text from the agreement image:
"For Cybertruck Only: You understand and acknowledge that the Cybertruck will first be released in limited quantity. You agree that you will not sell or otherwise attempt to sell the Vehicle within the first year following your Vehicle's delivery date.
Notwithstanding the foregoing, if you must sell the Vehicle within the first year following its delivery date for any unforeseen reason, and Tesla agrees that your reason warrants an exception to its no reseller policy, you agree to notify Tesla in writing and give Tesla reasonable time to purchase the Vehicle from you at its sole discretion and at the purchase price listed on your Final Price Sheet less $0.25/mile driven, reasonable wear and tear, and the cost to repair the Vehicle to Tesla's Used Vehicle Cosmetic and Mechanical Standards. If Tesla declines to purchase your Vehicle, you may then resell your Vehicle to a third party only after receiving written consent from Tesla.
You agree that in the event you breach this provision, or Tesla has reasonable belief that you are about to breach this provision, Tesla may seek injunctive relief to prevent the transfer of title of the Vehicle or demand liquidated damages from you in the amount of $50,000 or the value received as consideration for the sale or transfer, whichever is greater. Tesla may also refuse to sell you any future vehicles."
- kcplate 3y agoYou still own it and can still sell it. There is just a clause in the original bill of sale giving Tesla the right of first refusal at a pre-negotiated price within the first year. You can look at the $50k (or sales windfall) as the cost of breaking the ROFR clause of your original sales contract. Tesla can opt not to buy it and then you can resell it. The “consent” is implicit at that point of their refusal but you and your buyer will want that refusal in writing, so that any subscription or warranty requirements of the vehicle can transfer to the new owner.
- tyingq 3y ago"if you must sell the Vehicle within the first year...and Tesla agrees that your reason warrants an exception to its no reseller policy" I don't own it if the original seller gets to decide if I'm granted an exception to sell it. Note there's no listed criteria for that decision, so it's arbitrary, at Tesla's discretion. All the things you're citing hinge on that exception being granted by Tesla in the first place. There's other problems with the language as well.
- kcplate 3y agoIt’s not unusual to have stipulations in a sales contract. If the stipulations aren’t desired for the transaction a party can always opt to not purchase…or not to sell.
- tyingq 3y agoThese particular terms were added well after people paid a deposit.
- kcplate 3y agoSeems to me there was literally no risk to the buyer to bow out of the sale before the sale is final. “Until your Vehicle is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment” https://www.tesla.com/order/download-order-agreement?redirect=no&country=US&model_code=mp https://www.tesla.com/order/download-order-agreement?redirec...