Tesla will sue you for $50k if resell your Cybertruck in the first year | Hacker News Reader

Tesla will sue you for $50k if resell your Cybertruck in the first year

businessinsider.com

11 pointskakokeko11 comments

Earlier discussion:

https://news.ycombinator.com/item?id=38236701

They're trying to prevent scalpers from buying the trucks just to resell them at a profit. Not sure how well that will work or if it's legal but Tesla is acknowledging that they're leaving money on the table or at least trying to create the perception that they are.

Technically Tesla wouldn't even need to sue you. They can disable supercharger access, block the use of the app, reduce the range or many other things for the person who purchased it before the year is over. The car doesn't belong to you as long as Tesla has such control over the vehicle.

How does this hold up against the First Sale Doctrine in the US?

It doesn't but you would need to sue to make it happen. Similar to the cases against Costco, and Wiley and Sons textbooks.

a. https://caselaw.findlaw.com/court/us-9th-circuit/1689936.htm...

b. https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_So....

Tesla would have to license the vehicle to you, or you would have to sign a contact to that effect, in order for it to pass muster. Even still, it's possible Tesla would lose in a lawsuit if they tried to enforce it. AFIK Ferrari, another bad actor in this space, as not been sued, but they do refuse to sell to certain people.

IANL but the First Sale Doctrine is pretty clear. Unfortunately you would have to sue to prove it.

c. https://en.wikipedia.org/wiki/First-sale_doctrine

Ferrari won't sell to everyone, but they don't stop buyers reselling their cars.

Translation: Tesla thinks the quality of the Cybertruck is going to be terrible.

Nah it’s because all the early preorders went to scalpers. When they announced it all my scalper buddies preordered one right away so they could do this

*Might try to sue you

I don't want to be the stereotypical HN negative Nancy but I am not holding my breath for Cybertruck's success. It seems quite a crowded market already and so far I have not read anything that would make Cybertruck stand out from its competitors. Other than its appeareance - which many have opinions about. Bulletproof chassis seems rather low-impact advantage. The roller cover seemed nice but apparently nothing unique.

Especially as a thrifty consumer the 200$ a month subscription seems insane. That's more than the electricity you use! But maybe I just don't understand it. From European perspective, it seems rather ill-fitted at least. A working man would still buy a van and a city-dweller something sleeker.

Seems fair

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