Recently, it has come to light that Tesla has implemented a clause that restricts new Cybertruck owners from engaging in the resale of their electric vehicle within the initial year of ownership. It appears that Tesla has removed the pre-order agreement clause for the Cybertruck.
It is still not clear what Tesla’s position is because it has not been confirmed whether the company has changed its mind, whether the clause will be taken out of the agreement, or whether it will come back in a different form.
Incorporating such a clause is not exclusive to Tesla alone. The Ferrari brand implements a contractual provision that restricts the resale of their vehicles within a period of one year. On the other hand, Porsche’s 911 S/T model is exclusively available for lease during the initial year of ownership.
The initial provision was implemented with the intention of discouraging opportunistic purchasers from reselling the highly sought-after Cybertruck for financial gain. Tesla has implemented a range of measures to impose fines of up to $50,000 on potential resellers, in addition to incorporating provisions that allow Cybertruck owners to exclusively sell their vehicles to Tesla. Here is the complete original clause.
“For Cybertruck Only: You understand and acknowledge that the Cybertruck will first be released in limited quantity. You agree that you will not sell or otherwise attempt to sell the Vehicle within the first year following your Vehicle’s delivery date.
Notwithstanding the foregoing, if you must sell the Vehicle within the first year following its delivery date for any unforeseen reason, and Tesla agrees that your reason warrants an exception to its no reseller policy, you agree to notify Tesla in writing and give Tesla reasonable time to purchase the Vehicle from you at its sole discretion and at the purchase price listed on your Final Price Sheet less $0.25/mile driven, reasonable wear and tear, and the cost to repair the Vehicle to Tesla’s Used Vehicle Cosmetic and Mechanical Standards.
If Tesla declines to purchase your Vehicle, you may then resell your Vehicle to a third party only after receiving written consent from Tesla. You agree that in the event you breach this provision, or Tesla has reasonable belief that you are about to breach this provision, Tesla may seek injunctive relief to prevent the transfer of title of the Vehicle or demand liquidated damages from you in the amount of $50,000 or the value received as consideration for the sale or transfer, whichever is greater. Tesla may also refuse to sell you any future vehicles.”