Cybertruck owners face being sued for $50,000 and ban from buying Teslas if they resell...

[midian182]

WTF?! Tesla's Cybertruck finally hits the roads this month after years of delays. Buying a unique vehicle like this will undoubtedly come with the risk that you won't like it, but at least there's always the option to resell, right? Not according to an update to Tesla's Motor Vehicle Purchase Agreement, which reserves the right to sue Cybertruck owners for $50,000 or more if they try to sell their vehicle in the first year of ownership.

As with any new and in-demand product, there's a chance some people will buy a Cybertruck just to resell it for a profit. The fact that an early model went for $400,000 at an auction last month is likely to have excited scalpers even further.

But Tesla has added a section to its Motor Vehicle Purchase Agreement titled "For Cybertruck Only" that requires users to agree not to sell or otherwise attempt to sell the vehicle within the first year following its delivery date.

Any buyers who decide to ignore the warning may find Tesla seeking injunctive relief to prevent the transfer of title of the Cybertruck. The company also demands damages from the seller in the amount of $50,000 "or the value received as consideration for the sale or transfer, whichever is greater."

If that isn't enough of an incentive to avoid flipping a Cybertruck, Tesla adds that anyone who does this may also be banned from buying one of its vehicles in the future.

Good news for Cybertruck buyers: Tesla is contractually preventing reselling in the first year of ownership!

Tesla will receive first right of refusing to repurchase Cybertrucks.

If buyers break the contract, Tesla can sue for $50k or the profit made on the sale.

You may… pic.twitter.com/5YPH07FAtO

– Matthew Donegan-Ryan (@MatthewDR) November 11, 2023

Tesla said it may grant exceptions to some people who want to sell their Cybertruck in the first year - presumably if they need to do it for the likes of medical reasons. However, they must get written consent from the EV giant first.

In these cases, Tesla will purchase the truck itself. The company will reduce the price it pays the owner by $0.25 for every mile on the clock, while wear and tear and the cost of repairs will also be factored into the price. The company said it may potentially allow the sale of the vehicle to a third party, too.

Only a small number of select customers will receive a Cybertruck this month as mass production doesn't begin until next year. The company says it currently has over a million reservations for its new EV.

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https://www.techspot.com/news/100816-cybertruck-owners-face-sued-50000-ban-buying-teslas.html

 

[Nanochip]

How is this legal ? Telling an owner when they can sell a product they legally own? Also nvidia would never do such a thing during a mining boom .

 

[nnguy2]

I thought Elon Musk was all about freedoms?

 

[Theinsanegamer]

How is this legal ? Telling an owner when they can sell a product they legally own? Also nvidia would never do such a thing during a mining boom .

sadly its been held up in court. Ford did the same thing with the GT, and went after several british TV stars whom promptly sold them. I believe Clarkson was one of them.

And with the issues scalpers have created in the last 4 years, there isnt an appetite to change those rules.

 

[noel24]

What if the car turns out to be rubbish and You wanna get rid of It? Will Tesla refund You?

 

[Uncle Al]

Just another case of Musk being a two faced liar ......

 

[Theinsanegamer]

Just another case of Musk being a two faced liar ......

What did he lie about?

I thought Elon Musk was all about freedoms?

Is the right to resell your EV truck included in the first amendment?

 

[Aranarth]

How is this legal ? Telling an owner when they can sell a product they legally own? Also nvidia would never do such a thing during a mining boom .

You have a unwritten yet unlimited right to contract.
According to the constitution can you legally sell your soul to the devil?
No.
Can you create a legally binding contract that essentially does the same thing? YES YOU CAN.

That is why you get EULA's etc.

This is why people hate those devils called lawyers. Depending on how something in written in English it would mean one thing but in legalese it means the opposite.

In this case the cybertruck comes with a EULA, you want to buy the truck you agree to these rules, you break these rules and this is the automatic result.

Note that being a billionaire and having a fleet of lawyers at your disposal would probably make this null and void and you can do whatever you want.

 

[FaTaL]

Good. Scalpers are lazy, useless, worthless scumbags that look for an EZ buck, cause they're too dumb to actually work ...|...

I seriously doubt Tesla would pursue an injunction if you legitimately had to re-sell (maybe lost of job or income etc...) it and sold it at FMV.

 

[mbk34]

What really confuses me is why you want to buy one.

 

[Nanochip]

sadly its been held up in court. Ford did the same thing with the GT, and went after several british TV stars whom promptly sold them. I believe Clarkson was one of them.

And with the issues scalpers have created in the last 4 years, there isnt an appetite to change those rules.

You have a unwritten yet unlimited right to contract.
According to the constitution can you legally sell your soul to the devil?
No.
Can you create a legally binding contract that essentially does the same thing? YES YOU CAN.

That is why you get EULA's etc.

This is why people hate those devils called lawyers. Depending on how something in written in English it would mean one thing but in legalese it means the opposite.

In this case the cybertruck comes with a EULA, you want to buy the truck you agree to these rules, you break these rules and this is the automatic result.

Note that being a billionaire and having a fleet of lawyers at your disposal would probably make this null and void and you can do whatever you want.

Ford sued wrestler John Cena, who resold his GT in November 2017, and the case was settled out of court in June 2018. Settled out of court means the judge did not adjudicate the result and make a finding on the legality or lack thereof. Also, each state is different, while the contract may be enforceable in one state, it may not necessarily be enforceable in another. So I don’t think we know whether this is universally legal.

Another GT owner, Michael Flynn, sold his car through Mecum Auctions. Flynn reportedly bought the GT from its first owner, but Ford was concerned about the optics of the car being sold at the renowned car collector auction house. Ford filed a temporary restraining order to halt the sale, but a judge ruled in Mecum's favor and allowed it.

So idk if these contracts are legal and if judges will allow it. I hope they don’t allow it. My property = my right to sell it to a willing buyer.

 

[YouShallNotPass]

Normally I don't like ridiculous EULA but if its against scalpers, I am ok with that.

In my opinion, the EULA can be a little more flexible if its just to fight scalpers. e.g. you can resell the car but the price cannot exceed the original cost or Tesla can sue you something like that.

 

[PEnnn]

What did he lie about?
Is the right to resell your EV truck included in the first amendment?

This takes the cake!!

Since when is selling something you own a crime? You must be reading the constitution of some Trumpist / Muskist dystopian country in the making!!

 

[Theinsanegamer]

This takes the cake!!

Since when is selling something you own a crime? You must be reading the constitution of some Trumpist / Muskist dystopian country in the making!!

People claim that musk lied, and said he supported "freedoms".

He's come out in favor of free speech, so unless that covers sales of personal property, he hasnt lied. Thats all.

 

[Plutoisaplanet]

This takes the cake!!

Since when is selling something you own a crime? You must be reading the constitution of some Trumpist / Muskist dystopian country in the making!!

Have you ever heard of HOAs? They place contractual obligations on how you use the most expensive thing you can buy. It's not much different. Also, in the contract listed here, you can sell the vehicle. You must've not read the whole article. You just can't resell the vehicle for a limited amount of time.

You can also wait a year to buy it, then resell it at that point. I wouldn't recommend buying a vehicle in its first generation/iteration in the first year anyways.

 

[Nanochip]

People claim that musk lied, and said he supported "freedoms".

He's come out in favor of free speech, so unless that covers sales of personal property, he hasnt lied. Thats all.

How about supporting the free market, the freedom to sell my property to another willing buyer ?

 

[Nanochip]

Have you ever heard of HOAs? They place contractual obligations on how you use the most expensive thing you can buy. It's not much different. Also, in the contract listed here, you can sell the vehicle. You must've not read the whole article. You just can't resell the vehicle for a limited amount of time.

So HOAs prevent you from re-selling the home ?

 

[Theinsanegamer]

How about supporting the free market, the freedom to sell my property to another willing buyer ?

Did musk say that in his statement of supporting "freedoms"? If he did, then he did indeed lie, which is what I asked in the first comment. Of course, nobody can seem to clarify that he DID ever say that. People just say "HE SAID HE LIKE FREEDOMS!!11!!" and never his actual quotes, because their argument would just fall apart otherwise.

If he didnt, then this is just pearl clutching by internet karens. You are not being forced to buy and subsequently flip a cybertruck. If you are not a scalper this wont affect you. If you are, you get what you deserve, scalpers are scum of the earth.

So HOAs prevent you from re-selling the home ?

Actually they CAN. If you are in arrears to the HOA, they can place a lien on your home to prevent you from selling it, if their bylaws allow it.

HOA Obligations When Selling Your Home - Rapier & Bowling | Rapier & Bowling Co., LPA

Listing and showing your house will be less overwhelming if you follow all of the rules. Know the HOA obligations when selling your home, so that it's a smoother process for everyone.

www.rapierbowling.com

 

[viperfl]

Which is more uglier, the Pontiac Aztek or the Tesla cyber truck? General Motors did the same thing with the new corvette. I think Ford also did it with the Mustang E. They're all starting to do it now to prevent scalping of what they think is a unique or totally redisigned product.

 

[Theinsanegamer]

Which is more uglier, the Pontiac Aztek or the Tesla cyber truck? General Motors did the same thing with the new corvette. I think Ford also did it with the Mustang E. They're all starting to do it now to prevent scalping of what they think is a unique or totally redisigned product.

The cyber truck. The aztek is ugly because it's just bizzare, like some took a whole truckload of drugs then hit the drawing board while blacked out. And while it may have been ugly, that ugly styling hid a useful vehicle.

The cybertruck is just boring, a shape given wheels. To paraphrase the designer of the Bricklin: "You got a beltsander for christmas and decided to design a car with it".

 

[Nanochip]

Did musk say that in his statement of supporting "freedoms"? If he did, then he did indeed lie, which is what I asked in the first comment. Of course, nobody can seem to clarify that he DID ever say that. People just say "HE SAID HE LIKE FREEDOMS!!11!!" and never his actual quotes, because their argument would just fall apart otherwise.

If he didnt, then this is just pearl clutching by internet karens. You are not being forced to buy and subsequently flip a cybertruck. If you are not a scalper this wont affect you. If you are, you get what you deserve, scalpers are scum of the earth.

Actually they CAN. If you are in arrears to the HOA, they can place a lien on your home to prevent you from selling it, if their bylaws allow it.

HOA Obligations When Selling Your Home - Rapier & Bowling | Rapier & Bowling Co., LPA

Listing and showing your house will be less overwhelming if you follow all of the rules. Know the HOA obligations when selling your home, so that it's a smoother process for everyone.

www.rapierbowling.com

I find that to be dubious. if a HOA is not a legal party to the deed they cannot stop the sale, particularly if HOA approval is not legally permitted and part of the deed restriction.

And besides my key point here is: many states have consumer protection laws so I seriously doubt this contract is legally enforceable in all 50 states. It might be in some but not others.

 

[wiyosaya]

IMO, anyone wanting to buy any Tesla is not in their right mind anyway, so if they buy one of these pieces of junk and then decide they want to sell it in violation of the contract, they got what they deserve.

People who have not figured out Musk is a charlatan are in for a rude awakening.

 

[Neatfeatguy]

How is this legal ? Telling an owner when they can sell a product they legally own? Also nvidia would never do such a thing during a mining boom .

Tesla can bar them from future purchases if they want, but they can't do anything about a person selling their own property.

I know Lamborghini has stipulations in place about who can buy their cars and sell them and so on and if you don't follow their guidelines/rules, you're banned from being able to buy from them ever again. But that's an agreement you sign into when you purchase from them, not after the fact.

 

[TheBigT42]

Could someone lease it out to someone else???

 

[Dunkerton]

Scalpers make everything more expensive for the everyday consumer. They are scum and I'm totally okay with rules against them to keep things cheaper for me.