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Tesla chose to do what it does best: half-ass it

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If a car doesn't HAVE hardware 3, but it's sold with it .... then - while waiting & waiting for the day that it's finally ok'd - blessed by DOT, NTSB, Etc, but the owner sells that car back to Tesla, does that give Tesla the opportunity to sell that CPO to subsequent owners & charge for FSD again?
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If the seller paid for FSD they will expect the price that Tesla offers them for the car to reflect having FSD. If Tesla did not offer them a competitive price they would just sell it either privately or to a company like Carmax.

But once Tesla takes ownership of the car they have a right to sell it at any price they want, either with or without FSD. And the market has a right to either pay the price or pass if they think the price is not reasonable.