Do not sell happy fun truck —
Clause deleted from public version of terms is in the contract sent to buyers.
Enlarge / Tesla Cybertruck displayed at Lincoln Center in New York.
Getty Images | Roman Tiraspolsky
Tesla has revived a contract clause that says the electric carmaker could sue Cybertruck buyers for $50,000 or more if they resell during their first year of ownership.
As we reported a month ago, the Cybertruck-only clause was added to the public version of Tesla’s Motor Vehicle Order Agreement Terms & Conditions and then deleted after the lawsuit threat attracted some attention. But now, people who ordered the limited launch edition “Foundation Series” Cybertruck say the order agreement they received from Tesla has the clause added back in.
The clause says Cybertruck buyers must offer the car back to Tesla at a reduced price before any attempt to resell the vehicle within one year of delivery. If Tesla declines to buy the Cybertruck back, the owner could resell it only if Tesla provides “written consent.”
“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,” the clause said.
Ars was contacted by one Cybertruck buyer who provided us with a copy of the order agreement he received after submitting a $122,135 order. The agreement received by this buyer contains the resale-lawsuit clause that was deleted last month from the public version of the order agreement. The public version has a rule against quick resales but not a specific lawsuit threat.
The buyer told us that he paid a $250 order fee on Friday and previously paid a $100 reservation fee. According to the order agreement, Tesla doesn’t have to refund those types of fees if a buyer cancels a purchase after submitting a completed order.
Invitations to order sent Friday
The clause’s reappearance was also confirmed Friday in a post on a Cybertruck buyers forum. People who made early Cybertruck reservations received their invitations to order the limited-availability Foundation Series edition on Friday.
As an Electrek article notes, it’s unclear whether the clause applies only to the Foundation Series version of the Cybertruck. “It might just be for the Foundation series, or might be for all Cybertrucks for a while—until it is available in more than ‘limited quantity,'” the article said.
The public version of Tesla’s Cybertruck pre-order agreement has an anti-resale clause that says the company “may unilaterally cancel any order that we believe has been made with a view toward resale of the Vehicle or that has otherwise been made in bad faith.” That version doesn’t include the lawsuit threat that was sent to buyers.
One person who posted in the Cybertruck forum was unhappy that they only received the version of the order agreement with the lawsuit warning after paying a $250 order fee. The buyer who provided us with a copy of his order agreement called it “ridiculous” that the clause “is not in bold print on the order page.”
The $120,000 Foundation Series is reportedly limited to 1,000 cars. Tesla’s website says the Cybertruck versions costing $68,890 and $96,390 will be available in 2024, and a $49,890 version will be available in 2025.