Update : Like the others , Tesla reached out to me by phone to update my order.
The new deal is we have a price increase but get a $2000 discount and first priority on delivery.
I opted to change my interior color to White.
Delivery was originally Feb 14 - Mar 14, and is now “late February to early March”.
While not surprising, I can’t help but wonder if Tesla has some exposure here.
Point of order: I am not an attorney, nor do I play one on TV, so the following is purely from the perspective of a layperson. As such, I welcome feedback/thoughts from the professionals...
For those who placed an order before the factory shutdown and/or who chose to delay delivery of their new Model S, I think Tesla is in the clear. Offering a $2000 credit is a goodwill gesture aimed at keeping everyone happy. Well done, Tesla.
In other cases, new orders were placed after 24 Dec 2020 (hereafter Factory Shutdown Date aka “FSD”—see what I did there?) potentially making things a little dicey. The would-be purchaser and Tesla entered into a contract, a “Model S Order Agreement” was created and a “non-refundable order fee” was paid (agreement consummated). Post-FSD, Tesla would have known that 1) there was no way to build the car that was being ordered and 2) the price of the actual car being ordered would be significantly higher than the contracted amount. Seems, at best, to be disingenuous.... Again, not being an attorney, I won’t throw around any fancy terms (I’ll save that for cocktail parties, if/when they ever happen again), but this seems like Tesla, at a minimum, entered into the agreement in bad faith.
Yes, Tesla is (I’m sure) willing to refund the “non-refundable order fee” and (I’ve read) is willing to offer a $2,000 credit for purchase of the new model (nice), but this misses the point being raised above. If someone really wanted to make a stink about this, could they (asking for a friend)?
So, my question to the attorneys on the forum, does Tesla have any exposure?
Is it possible that instead of FSD (Full Self Driving) costing a would-be buyer $10,000, could it be that FSD (Factory Shutdown Date) could instead cost Tesla $10,000 by having to honor order agreements made between FSD and the reveal? Kinda ironic symmetry...
Perhaps I’m way off base (my wife generally thinks so)—like I wrote, I’m no attorney, probably for the best.
Stay safe.