That is still a dealer. Once there is even one dealer, every state will stop Tesla direct sales.
Yes, the point is exactly for it to be a dealer in those states.
I am not sure why every state would then require dealerships unless you are suggesting it will be political and laws would be passed, but even if true then set up a national coop structure then.
The key is that it is economically neutral.
And the principles of how it operates are set in the governance.
Though I would need to understand more
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@bayrower, welcome to TMC, and thanks for the great idea. I've looked at most of the states' laws that prohibit Tesla from selling direct, and I'm nearly certain that your approach would work. In MA Tesla was able to meet the letter of the law merely by setting up a wholly-owned sub, Tesla Motors Massachusetts, but other states' statutes are a constructed so as not to allow such an easy workaround. I suspect the chief issue would be one of control, whether the co-op was just a shell for Tesla or whether it was actually independent.
It is amusing when wholly owned subs aren't covered under legal definitions of control. Of course, Ireland benefits most of the major tech and pharma companies on this with the double Irish tax structure, but they do it willfully.
What needs to be understood is what controls are necessary for the coop to have to be independent. Frankly, Tesla is concerned about receiving their profit, and making sure their sales principles are followed, that great service is provided, etc. I think that can easily be handled. The governance of the coop can be set in advance as well. If there was a change of control (as suggested in the earlier post of demutualization) then the relationship can get severed at Tesla's determination.
The tricky part is that Tesla will receive less for each car, and the coop will mark up the price of that car to handle the distribution piece. The sum of those two should be the same as current MSRP. Service can just be handled as an economic relationship too, and again all profits get rebated back to the customers, perhaps as REI does as a percentage of the revenue each customer had there.
One could go even further and make this whole thing a non profit!
Like REI, it should create great loyalty knowing that your service is being performed for cost (though service tends to be a large profit center for dealers, and perhaps manufacturers like Tesla, so losing control of this revenue stream needs to be carefully considered. Perhaps there is a licensing fee for equipmentt etc that gets sent back to Tesla, or Tesla performs certain activities)
By doing a coop where profits gets sent back to customers, you avoid setting up a system where customers never feel good about different prices, as there is no incentive to do the aggressive destructive price negotiations. Saturn tried that too, so the legalities of that need to be understood.