Tesla has quietly removed the language in its sales agreement that detailed the Cybertruck “no resale” policy after it was widely reported over the weekend that the automaker may sue its buyers for trying to sell the vehicle within the first year.
News of the policy circulated on Saturday, as spotted in a strange paragraph titled “For Cybertruck Only” in the motor vehicle order agreements for the Model 3 and Model Y. The section detailing the Cybertruck resale policy has since been removed from the agreement, though it’s unclear whether or not Tesla will institute a clause like this.
The details could previously be seen between the “No Resellers; Discontinuation; Cancellation” and “Default and Remedies” sections of the agreement, with the policy ultimately saying that the automaker could sue buyers for $50,000 or more for reselling the vehicle without permission within the first year following delivery.
Although it did say that buyers could attempt to resell the vehicle back to Tesla, it noted that buyers could only do so by notifying the company in writing and gaining the automaker’s approval of an exception to the policy. Tesla would then buy the vehicle back from the approved buyer “at the purchase price listed on your Final Price Sheet less $0.25/mile driven.”
Tesla completes drawing for Cybertruck delivery event, invites to be released soon
The news garnered mixed results over the weekend, with some saying they didn’t mind the policy while others said it changed their plans in one way or another.
One Teslarati reader responded to the news via email, saying they would cancel their Cybertruck order if the no-resale policy turned out to be true.
“That’s absolutely ridiculous,” wrote the reader. “After I spend a small fortune on a new truck nobody is going to dictate what I can do with it. If that is accurate I will be canceling my order.”
Others noted that the clause might be a good way to deter people from flipping their Cybertrucks, while some of those with multiple units reserved have also expressed a potential change of plans.
It’s not clear at this point whether Tesla will include a no-resale policy for the Cybertruck, though we’ll likely find out by the end of the month when initial deliveries of the truck go out at the delivery event on November 30.
Tesla Cybertruck’s “no resale” policy before the update
Here’s the full original text from the Cybertruck paragraph in the Model 3/Y sales agreements, which was spotted over the weekend:
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.
Credit: Tesla | Model 3 Order Agreement (before update removing Cybertruck “no resale” policy)
Credit: Tesla | Model 3 Order Agreement (after update removing Cybertruck “no resale” policy)
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