Tesla in Violation of Contract (Order Agreements)? A discussion

[bluewhite79]

Uh yeah, I kinda don't need your permission to follow a thread or leave it. You might want to read the site contract terms on that topic too.

You asked if we are done. No, I'm sure lots of people have lot of opinions. The best one so far is the "expedited fee" people pay to get items quicker. Can FSD be considered an expedited fee? Sure....seems plausible to me.

Again, if you don't like everyone's opinion, you may leave and "be done". I like everyone's opinion, including yours.

 

[ZenRockGarden]

You asked if we are done. No, I'm sure lots of people have lot of opinions. The best one so far is the "expedited fee" people pay to get items quicker. Can FSD be considered an expedited fee? Sure....seems plausible to me.

Again, if you don't like everyone's opinion, you may leave and "be done". I like everyone's opinion, including yours.

I asked WE could BE done. You asked your question, multiple well informed people gave you the accurate answer, and it would be a good IDEA for all of us to move on since there's nothing more to discuss.

 

[bluewhite79]

I asked WE could BE done. You asked your question, multiple well informed people gave you the accurate answer, and it would be a good IDEA for all of us to move on since there's nothing more to discuss.

oh sure, WE can BE done

disagree on the "good idea" to move on because you don't like the topic. geez man, ignore the thread. But again, thanks for your input.

 

[ajs847]

oh sure, WE can BE done

disagree on the "good idea" to move on because you don't like the topic. geez man, ignore the thread. But again, thanks for your input.

we're all giving you valid answers, no disrespectfulness, just blunt honesty and you seem to ignore what we're saying or twist it.

Tweet @ Elon and hope for a reply if you want to hear it out of the horse's mouth.

 

[ZenRockGarden]

we're all giving you valid answers, no disrespectfulness, just blunt honesty and you seem to ignore what we're saying or twist it.

Tweet @ Elon and hope for a reply if you want to hear it out of the horse's mouth.

He's got an accurate answer. He just doesn't like it so he's shopping for "more opinions" till a less well informed one comes along. It's a sad pattern.

 

[bluewhite79]

we're all giving you valid answers, no disrespectfulness, just blunt honesty and you seem to ignore what we're saying or twist it.

Tweet @ Elon and hope for a reply if you want to hear it out of the horse's mouth.

I've never once said your opinion is invalid. In fact, I've thanked you for yours.

 

[rickybobbee]

Again, thanks for your opinion. All are welcome.

I believe the breach is in the fact that I ordered an item "the Vehicle" and Tesla has so far refused to fulfill the order. The refusal is in the action and not the words.

I'm trying to think of a scenario in any contract where this is not a breach. If you need a fence built, and you contract with me, but then I don't fulfill the contract, is that a breach? The definition of repudiation (above/linked) seems to fit perfectly, but again, IANAL.

more of an ethical violation and not a legal violation as tesla has the right to deny service just like any business and can make a number of excuses why a certain vehicle or build isn't ready for delivery that nobody can prove otherwise. Obviously tesla is putting performance models, S,X at the top of the "queue" because they make more money off those..........goes back to the same old thing, shareholders and showing max profits

 

[bluewhite79]

He's got an accurate answer. He just doesn't like it so he's shopping for "more opinions" till a less well informed one comes along. It's a sad pattern.

This entire thread is about shopping for opinions. That's the point, yes? I've got a few opinions, more never hurts.

 

[glide]

Again, thanks for your opinion. All are welcome.

I believe the breach is in the fact that I ordered an item "the Vehicle" and Tesla has so far refused to fulfill the order. The refusal is in the action and not the words.

I'm trying to think of a scenario in any contract where this is not a breach. If you need a fence built, and you contract with me, but then I don't fulfill the contract, is that a breach? The definition of repudiation (above/linked) seems to fit perfectly, but again, IANAL.

What date did Tesla commit to deliver your vehicle by? Have they missed that date?

When you hire a home improvement contractor, one generally specifies start and end dates and includes remedy for the homeowner in the event of a breach.

Again, I’m not saying Tesla is behaving admirably here, but you don’t have a legal leg to stand on.

 

[bluewhite79]

What date did Tesla commit to deliver your vehicle by? Have they missed that date?

When you hire a home improvement contractor, one generally specifies start and end dates and includes remedy for the homeowner in the event of a breach.

Again, I’m not saying Tesla is behaving admirably here, but you don’t have a legal leg to stand on.

They didn't miss a date. My contention is that they:

A. Agreed to create a Vehicle at a certain price for $250. Referred to as "the vehicle" in the contract.
B. Created "The Vehicle"
C. Sold the vehicle to a third party. (This is the breach)

 

[rjack1282]

No Tesla has not breached a contract. Even if they did, as someone else has mentioned, the best you could hope for is to get your order fee back. You've suffered no punitive, consequential, etc. type damages. Ok you might get interest on the order fee after you spend about what the car is worth on an attorney to get if for you.

 

[dmh444]

They didn't miss a date. My contention is that they:

A. Agreed to create a Vehicle at a certain price for $250. Referred to as "the vehicle" in the contract.
B. Created "The Vehicle"
C. Sold the vehicle to a third party. (This is the breach)

You say "sold vehicle to 3rd party. (This is a breach)."

They haven't delivered it to you yet. You weren't assigned a VIN. You never signed final papers. Or did you?

Using your logic, you should have been entitled to a vehicle one hour, one day, or one week after you submitted your order.

Maybe I'm totally missing something here....?

 

[bluewhite79]

You say "sold vehicle to 3rd party. (This is a breach)."

They haven't delivered it to you yet. You weren't assigned a VIN. You never signed final papers. Or did you?

This is a valid critique. One could argue that you don't have "the vehicle" until a VIN is assigned. If they take that VIN and sell it to someone else, then you have a case. Totally concede this as valid argument against my "contention"

 

[kens98]

Basically, we both order the same car but they sell it to me first because I pay an additonal amount for a software upgrade prior to selling you your car.

I dont believe that would be considered selling your car to a 3rd party. They just sold me my car first because I paid more.

 

[bluewhite79]

Basically, we both order the same car but they sell it to me first because I pay an additonal amount for a software upgrade prior to selling you your car.

I dont believe that would be considered selling your car to a 3rd party. They just sold me my car first because I paid more.

Someone with a manufacturing background kinda said the same thing. That the software upgrade could be considered an "expedited fee" that happens a lot.

 

[glide]

They didn't miss a date. My contention is that they:

A. Agreed to create a Vehicle at a certain price for $250. Referred to as "the vehicle" in the contract.
B. Created "The Vehicle"
C. Sold the vehicle to a third party. (This is the breach)

I don’t know how many different ways to say it while still being polite; no.

If you really feel strongly about it, approach an attorney and allow them to laugh you out of their office. The MOST you could ever expect of Tesla, if you could somehow prove what you believe to be accurate, is a refund of your $250 order fee (also specified in the contract you didn’t read). That won’t even cover your first billable hour with the attorney.

Tesla isn’t giving “your” vehicle to someone else. They have not built “your” vehicle yet. If they had, you would have a VIN assigned in your account. Just because they built a similarly spec’d vehicle for another customer who happened to place an order after you, doesn’t make it “your” vehicle they are “selling to a 3rd party”.

All of this aside, you have a remedy available to you; cancelling your order.

 

[kens98]

Cancelling order doesn’t get your order fee returned. I could see this as an issue if you were told 3 to 4 months and they push it out after order to 6 to 8 months but you could keep 3 to 4 if you upgrade to fsd

 

[glide]

Cancelling order doesn’t get your order fee returned. I could see this as an issue if you were told 3 to 4 months and they push it out after order to 6 to 8 months but you could keep 3 to 4 if you upgrade to fsd

File a chargeback on your credit card. You will get the order fee returned.