A 40A breaker would imply the wiring is also only rated to handle 40A. With EVSEs, the 80% rule applies, so only 32A can be used.Ok, I'll play a little more. You made what I believe is a factually incorrect statement: "That is a 14-50. A licensed electrician should never wire it for 40a since it is a 50 amp receptacle"
I suggested that you read the electrical code. You also stated that a car could pull 48A from a 14-50 outlet. That's also incorrect, unless the operator/installer incorrectly configured their EVSE or commanded their vehicle to exceed the pilot signal. I'm not aware of any properly built plug-in EVSE that will advertise a charging current above 40A when plugged into a 14-50 outlet. You do know about J1772 pilot signals right?
I apologize for being a little terse but I think you know *nothing* about what I know.
Now apropos to the original question. The configuration as installed the licensed electrician is safe. I agree with the recommendations that outlet be labeled. I wouldn't bother pulling the outlet if I moved. Odds are the outlet as is will be useful to the future occupant.
For (only) the modular v2 UMC, it is limited to 32A, so that would be safe. BUT, for many EVSEs (included Tesla's v1 UMC, and Tesla's "Corded Mobile Connector"), when they connect to a NEMA 14-50, they presume that a full 40A is available to them. Pulling 40A constantly for many hours on a wire/breaker only rated for 40A is a fire hazard, and should never be done.
While placing appropriate signage "may" satisfy code requirements, I personally would never do it. As then the requirement is placed on the driver to read the sign, understand it, and configure their car/EVSE appropriately. At least in my experience, relying on a user to change a default setting is a receipt for disaster.