Right, but the key thing I’m talking about is selling directly online, without any dealer involved. That’d be awfully difficult to stop and there’s no such ban(as far as I can see) on the books in any state.
I'm pretty sure the car manufacturers could swing it where they book the sale on their website, and set the delivery at a local dealership - that's something they can do. But in many of the states, the laws are so bad, they've been interpreted and reinterpreted in court cases to "only physical dealers can sell cars".
So several things to be clear on.
- the laws are a patchwork of state level laws, with a variety of wording and restrictions. There isn't "The Law" - there's about 50+ laws.
- enough of them are sufficiently restrictive, that for the car makers that already have a franchise dealership, the functional effect today is that they can only sell through that sales channel
- And there is good reason to think that this won't stand intense constitutional scrutiny when applied to a business such as Tesla. For Ford et. al., it probably does stand scrutiny because it starts out in contract law as an agreed restriction on the part of car makers (you buy my franchise, I agree to not sell the stuff I make in your area by other mechanisms).
As that article quoting Jonas points out, if this works well enough for Tesla, we might see the rest of the car makers going back to law makers and trying to get those laws changed. We might also see the car makers going back to their dealers to try to negotiate new franchise agreements.
An obvious middle ground I can see them all trying to arrive at (whether it actually gets the benefits that Tesla is hoping to achieve or not), is for consumers to be able to order a car on the website, and schedule delivery at a nearby dealership. For the dealer, there's only a delivery experience involved - no sales at all. And of course, the dealer gets a contractually agreed slice of the sale for handling the delivery (and a shot at establishing themselves as the go-to for that new customer for service on the car).
Well - assuming that there are any ICE car sales to be divvied up between dealers and car makers