$50,000 Gag contract for the Tesla Cybertruck: there is a risk of high penalties if it is resold quickly
The years-long wait is finally over: Tesla wants to deliver a Cybertruck to the first customers before the end of the year. But they have to guarantee that they really want to keep the car for the time being. If they don’t, Tesla threatens, among other things, a court order.
The legendary Tesla keynote, in which designer Franz von Holzhausen blew up the Cybertruck’s supposedly indestructible armored glass with just a single bullet, took place four years ago. At the time it was said that Tesla wanted to start delivering this unusual vehicle in late 2021. However, those who ordered quickly had to wait much longer. Only now does Tesla want to present the stainless steel monster to the first customers. But only if they accept the new, much stricter purchase contract.
Tesla wants to contractually prohibit resales
Even before we started, Tesla updated the Cybertruck purchase agreement. It contains strict rules intended to prevent the resale of vehicles. It says: “You understand and acknowledge that the Cybertruck will initially be delivered in limited quantities. You agree that you will not sell or attempt to dispose of the vehicle within the first year from the delivery date.”
A clause follows: if you cannot avoid having to monetize your Cybertruck again, you are obliged to inform Tesla about it. Then you have to give the company enough time to buy back the car at the original price, minus kilometers traveled, wear and tear and all types of damage.
Only if Tesla refrains from buying it back and gives written permission will you be able to trade in the Cybertruck as you wish. The new contract outlines the potential penalty if Tesla learns of a sale and does not get involved. It says: “You agree that if you violate this provision, or Tesla has reasonable grounds to suspect that you are about to violate this provision, Tesla may seek an injunction stopping the transfer of ownership of the vehicle or recover from you damages and damages in the amount of $50,000 or the value received in consideration for the sale or transfer, whichever is greater.”
Tesla also reserves the right to exclude customers who have not fulfilled the contract from purchasing additional vehicles.
As the specialized magazine “Electrek” writes, it is not the first time that new Tesla vehicles are resold at great profits shortly after their publication. In 2017, an early model of the Model 3 made headlines when it appeared on relevant sales platforms shortly after delivery for $150,000 (the list price at the time was $56,000).
Other automakers also want to end the trade.
The phenomenon of manufacturers wanting to decide on the resale of customer properties is not new: especially in the case of exotic vehicles, it is common practice that the cars cannot be sold immediately. Some manufacturers go even further: Ferrari, for example, doesn’t like cars to be handled carelessly or painted an unwanted color. Even Justin Bieber should no longer be allowed to buy a new car from the manufacturer due to such violations.
Although it is already common that rare supercars are not allowed to be delivered, the Cybertruck breaks new ground, so to speak: the heavy SUV is not a limited edition, but is intended to be a conventional production vehicle. In this market there are usually fewer contracts that regulate resale.
“Electrek” has another suspicion about why Tesla made the clause in the contract so clear: The long holding period could also be aimed at preventing other manufacturers from purchasing a car through third parties for research purposes, author Jameson Dow speculates. . It is quite common in the industry for vehicles with new technology to be quickly dismantled by other manufacturers in the research department.