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

[madboyv1]

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.

I believe it is not so much whether they have any direct legal right to the physical property, it's whether or not the HOA is able to place / has placed a lien against the title of the house. A lien in the case of an HOA represents the right to the property due to some fine or fee levied and not paid. Under most circumstances, it must be resolved before selling the property, either with the owner clearing the lien by paying it, or the future buyer paying the lien by legal agreement.

The mechanism is similar to a vehicle that has been financed where the lienholder must be paid what they are owed from financing your purchase before you as the owner is able to resell the vehicle, or when the next party (like when you're trading it in to a dealership) buys out the lien in order to acquire a clean title for the vehicle.

 

[Rocky4040]

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

The right to sell your property you bought and paid for is your right to do so if you so desire to do so. You bought and paid for the property and as such the company you bought it from no longer has any say on whether you want to sell it or not. When you pay big money for something like this it is your own business to decide whether you keep it or sell it.

I totally hate scalpers and what they do but why should everyone be punished because of them. I am glad I do not desire to own a Cybertruck being they are so ugly and useless looking.

 

[Icysoul]

I wonder how would Tesla explain in court what they want:
Defendant's lawyer: Sir Musk, was the contract of sale concluded / did the defendant pay the full amount of 60k?
Musk: Yes
DL: Once the contract was concluded, was the Cybertruck still the property of Tesla?
M: No.
DL: So why are you suing my client now?
M: This resale affected our brand!
DL: How did the reselling of the Cybertruck affect Tesla?
M: The image of the brand has suffered, because now people will think that Cybertruck is a bad car - and it totally isn't!
DL: But even Maybach and Rolls Royce cars are being resold, and these brands don't sue their original clients. Why are you suing my client, really?
M: Well, we want to prevent scalpers getting rich off our products.
DL: Are you aware that the defendant sold the Cybertruck for 10 US dollars?
M: As I said, scalpers getting rich off our products...

 

[nnguy2]

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

5th and 14th, the right of due process of property. They even repeat the same exact words! Know your rights bro! You should sit this one out Musk Legal White Knight.

 

[nitebird]

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

Yes, like it says in the article, you agree to sell it back to Tesla in the first year. If you don't, and try to scalp it for a profit, they reserve the right to take away the profit from scalping.

 

[nnguy2]

Yes, like it says in the article, you agree to sell it back to Tesla in the first year. If you don't, and try to scalp it for a profit, they reserve the right to take away the profit from scalping.

All of a sudden Musk fans believe consumers have to follow Terms of Service/Conditions.

 

[hahahanoobs]

Buying any car, let alone an expensive and prestigious supercar, involves a litany of paperwork. Most of it is standard boilerplate legalese, but with Ferrari, be sure and read every line closely. Buried deep in the fine print are restrictions limiting your ability to sell the car should you decide you no longer want to keep it in your 10-car garage.

One of those conditions states you can't sell it during the first year of ownership.

Read More: https://www.slashgear.com/1016130/the-reason-why-ferrari-wont-let-you-sell-your-newly-purchased-car/

 

[PanfiloTexas]

Laughs in Microsoft EULA

 

[Plutoisaplanet]

The right to sell your property you bought and paid for is your right to do so if you so desire to do so. You bought and paid for the property and as such the company you bought it from no longer has any say on whether you want to sell it or not. When you pay big money for something like this it is your own business to decide whether you keep it or sell it.

I totally hate scalpers and what they do but why should everyone be punished because of them. I am glad I do not desire to own a Cybertruck being they are so ugly and useless looking.

In my opinion, Tesla would be better off only leasing Cybertrucks for a year because then they retain ownership. It remains to be seen if this language makes it into the final vehicle motor agreement, after all no Cybertrucks have been really sold yet. But lots of companies have history of trying to get customers to agree to unusual things, particularly in the tech sector.

Software is an example of murky territory. Can you own something digital if it can be copied freely, or if it's free then how can you have restrictions on its use or sale? The other example besides HOAs that initially came to mind to me was a last will. If someone is dead, they can still limit the ability to use or sell property that is handed down to you. So I would not be surprised if you can contractually limit someone's ability to sell something if it's clearly stipulated ahead of time and has a way out (in this case selling it back to Tesla or holding onto it for a year).

 

[Darth Shiv]

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.

Sadly? I think it's good. Stuff scalpers. They wreck the market for legit consumers.

 

[waclark]

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

To resell it to someone who will pay tons for it.

 

[lripplinger]

Ridiculous sounding purchasing contract. I'd say, just don't buy the vehicle. Tesla is implying you don't own the vehicle, telling you what you can and can't do with it. If you decide to sell the truck for medical reasons, how the hell is that Tesla or Elon Musk's business?

 

[scavengerspc]

I thought Elon Musk was all about freedoms?

His freedoms. Not ours.

 

[wiyosaya]

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.

No offense intended, however, I'm not sure which is the more ridiculous idea - that someone would think they are going to make a killing scalping a CyberTruck, or Musk thinking that people think the CyberTruck is worth scalping. Actually, I do think its the latter.

 

[Cabuzzi]

As much as I despise scalpers, this was a poor way of getting what they (Tesla) want. Like someone else mentioned, they should've leased the vehicle for 1yr with a buyout option after. They also didn't consider the sale of the Cybertruck mentioned in the article. If someone will pay $400,000, what is $50k? That's still a $300k profit... $350k if the lawsuit fails. Even if it were 100% guaranteed to succeed what is to stop the buyer from paying $450k? If you're willing to pay $400k for a crappy truck, then you'll probably pay $450k, too.

As for the legality of it, it's a contract. No one is infringing on your God-given "right" to sell something. It's a contract that says if you do, you're subject to a $50k penalty and a ban from purchasing. If you don't like the terms, don't sign it. There may be some laws in some states that will protect you, but in the end, it all comes down to the judges, who sometimes follow and sometimes blatantly ignore the law. You can argue until you're blue in the face (or until the gavel drops), but at the end of the hearing, all you may have left is a case for an appeal. Why pay all that in legal fees when you could just find a buyer who will pay enough to make it worth potentially being sued for $50k? That is your "right", lol.

If you ask me, this is Tesla's way of driving up the 1st year resale cost of the Cybertruck, not a way to prevent it from happening. "Our cars don't depreciate the minute you drive them off the lot! Buy a Tesla TODAY!"

 

[VaRmeNsI]

When you buy it you are agreeing to the terms, if you don't like them, don't buy it.

 

[wiyosaya]

If you ask me, this is Tesla's way of driving up the 1st year resale cost of the Cybertruck, not a way to prevent it from happening. "Our cars don't depreciate the minute you drive them off the lot! Buy a Tesla TODAY!"

You might be right. Anyone in their right mind would recognize this as a load of crap coming from Tesla. IMO, Musk has an awakening coming to him in the not-too-distant future.

 

[Darth Zurath]

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 .

How is it illegal if you sign an agreement during the purchase? Don't like it - don't buy it. Pretty simple, isn't it?

 

[netman]

"The fact that an early model went for $400,000 at an auction last month is likely to have excited scalpers even further."

If you could sell one even around $200k you can still make profit after paying the fine...!