Hi folks, I have a question about the legality of the order agreement. This question was posted in another thread, but was overlooked. I placed an order (with deposit) for a MP3 with a steep discount, FSD, etc. I received the order agreement (without a VIN) and placed my deposit. Tesla came back to me and said the car they were going to sell to me was accidentally shipped to China and that I am out of luck. I got a "Sorry" and an option to spend more money on a higher priced car. With that being said, do they have a legal obligation to fulfill the price/configuration of the order agreement in place? I don't see anything in the terms of the agreement about them being able to cancel. I am trying to figure out if I should run this up to their legal team as customer service isn't getting me too far. Any input is appreciated.
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Order agreement legality
- Thread starter diggity
- Start date
I wouldn't run it up to Tesla's legal team if you think it is an issue, I would run it by my own lawyer. Should be able to pay one for a consult to see what the obligations are for the signed MVPA (assuming it was an MVPA). Probably a lawyer who specializes in contracts.
Tesla's lawyer is just going to tell you whatever Tesla is doing is correct (whether it is or not). That is their job.
Tesla's lawyer is just going to tell you whatever Tesla is doing is correct (whether it is or not). That is their job.
Ah, gotcha. The copy I found on Tesla's site did have some cancellation language on Tesla's side, but not sure if that is the same as what they presented you. The one online had an arbitration clause too, so that is your other option if that language is included in yours.
Tam
Well-Known Member
The Agreement says the only punishment that Tesla would get is:
"Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Payment."
notAnExpert
Member
I’m not a lawyer, so my interpretation is worth nothing. But their limitation of liability statement is talking about remedy for damages. You are not asking for damages. You are asking them to fulfill their responsibility per contract. So I am not sure that you are indeed “out of luck”. It might still be worthwhile talking to a legal expert on this.
Legalities aside, Tesla’s customer service in this case seems crappy. But, is this worth a legal battle for you? If I were in your situation, I’d escalate the situation within Tesla Sales as much as my patience allows and then cancel the order if they won’t sell it for the price they agreed to.
Bill Foster
I'm going home!
Well, I never received a phone call from anyone at Tesla as promised on Thursday (or Friday) and got a cancellation email today. Originally I was after the stealth p3d in white and they are out of them now. So I lost out on the main car and the opportunity to buy the other one. Horrible service.
I am not surprised at all. The whole thing sound typical and exactly like one i know of. Tesla ended up not honoring the original price on something they advertised online, then removed due to "unfairness" (as stated by Tesla, online) - (seriously).
Good luck to you - ! I hope you get what you need from the situation.
Good luck to you - ! I hope you get what you need from the situation.
Agree...if there’s a signed and accepted contract then it’s bilateral and they owe the car. If it was just a sales person stating this car is available and the potential buyer debated and the car was gone by the time they sent in their acceptance that’s different. The devil is in the details...definitely lawyer territory.
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