Tesla Quietly Removes Cybertruck Resale Lawsuit Clause

Just days ahead of the first Cybertruck deliveries, a Tesla document is raising eyebrows about a clause threatening a lawsuit worth a minimum $50,000 if an owner tries to sell it within a year of purchase. The company has now backtracked on that condition, ARS Technica found, but wants to discourage flipping the hotly anticipated electric truck. As part of the Tesla Motor Vehicle Order Agreement Terms & Conditions, the company had a special section dedicated exclusively for the Cybertruck.

It focused specifically on resale rules and made it clear if a person was discovered trying to transfer ownership without due process, the company would, in the form of liquidated damage, legally seek an a "amount of $50,000 or the value received as consideration for the sale or transfer, whichever is greater." 

Tesla's tight rules around prohibiting resales for quick bucks make sense, since the Cybertruck would definitely be in short supply in its early days and that shortage could spill all the way into 2025 as the company ramps up production. Public estimates put the number of registrations at close to 2 million.

The previous version of Tesla's documentation also highlighted some stringent rules around reselling. First, the company banned any sale within the first 12 months of ownership, but if it was deemed really necessary to warrant an exception, the buyer would have to seek Tesla's permission in written form. Tesla noted that it was the sole authority able to consider a resale, and it remains the exclusive buyer for such Cybertruck units. 

But for the latter, the company said it would deduct costs such as repair expenditure and a straight fee of $0.25 for each mile on the odometer. Interestingly, the updated Cybertruck Motor Vehicle Pre-Order Agreement doesn't mention those rules. However, it still maintains a "No Resellers" stance, and any breach of that clause would result in punitive action. 

"We 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," says the document.There is no mention of the company blocking any future of purchase of Tesla cars for the bad actor. It's worth noting here that Tesla isn't the sole carmaker acting in this fashion, as the likes of Ferrari, Ford, and Aston Martin have all tight regulations around flipping new cars for a profit.