Tesla is once again making headlines for its legal stance on Cybertruck resellers, threatening to sue buyers who attempt to resell their vehicles within the first year of ownership. The controversial clause, initially added to the public version of Tesla’s Motor Vehicle Order Agreement Terms & Conditions, gained attention and was subsequently removed. However, it seems to have made a comeback for buyers of the limited launch edition “Foundation Series” Cybertruck.
The resurrected clause mandates that Cybertruck owners must offer their vehicle back to Tesla at a reduced price before considering any resale within the first year of delivery. If Tesla declines to repurchase the Cybertruck, the owner can only proceed with the sale if provided with written consent from Tesla. Failure to comply could lead to legal action, with Tesla seeking injunctive relief to prevent title transfer or demanding liquidated damages of $50,000 or the sale value, whichever is greater. Additionally, Tesla reserves the right to refuse selling future vehicles to the breaching buyer.
One Cybertruck buyer, who paid a substantial $122,135 for their order, shared the agreement with the revived clause. The reappearance of this controversial stipulation was also confirmed in a post on a Cybertruck buyers forum.
The ambiguity surrounding the clause’s applicability is a point of contention. While it was deleted from the public version last month, there’s uncertainty about whether it solely applies to the Foundation Series or all Cybertrucks during their initial limited availability.
The clause’s revival has sparked criticism, with some buyers expressing dissatisfaction at receiving the version with the lawsuit threat after paying a non-refundable $250 order fee. Critics argue that such terms should be explicitly highlighted during the ordering process.
The Foundation Series, priced at $120,000 and reportedly limited to 1,000 units, adds complexity to Tesla’s pre-order agreements. Despite the uncertainty, Tesla’s website outlines future availability for other Cybertruck versions, ranging from $49,890 to $96,390, in the coming years. As Tesla navigates the evolving electric vehicle market, the legal implications of its resale restrictions continue to raise eyebrows and generate discussion within the community.