Early last month, Tesla added in a clause to its terms and conditions agreement for customers purchasing its highly anticipated Cybertruck. The clause detailed that the company can sue customers for at least $50,000 if they resell their vehicle within a year of ownership. After briefly nixing the agreement from contracts after it gained attention and backlash from customers, it appears that Tesla has now added it back in.
Customers purchasing the limited-edition "Foundation Series" Cybertruck are seeing the clause embedded within their order agreements under the “No Resellers; Discontinuation; Cancellation” section, according to ArsTechnica.
Related: Tesla can sell you a Cybertruck very soon — if you have deep pockets
The section has always forced customers to agree to not sell their vehicle within the first year after the delivery date. The contract details that if customers want to sell their vehicle within the first year “for any unforeseen reason,” if approved, they must sell it to Tesla at a discounted price and give the company “reasonable time” to purchase their vehicle.
If Tesla declines to purchase the customer’s vehicle, then the customer can resell it to a third-party only after receiving “written consent” from Tesla to do so.
But what hasn't always been in that section of the contract is the clause that details that customers can be sued for a hefty $50,000 for violating the agreement.
"You agree that in the event you breach this provision, or Tesla has reasonable belief that you are about to breach this provision, Tesla may seek injunctive relief to prevent the transfer of title of the Vehicle or demand liquidated damages from you in the amount of $50,000 or the value received as consideration for the sale or transfer, whichever is greater. Tesla may also refuse to sell you any future vehicles," read the agreement.
It is unclear if the clause also applies to all Cybertrucks or just the "Foundation Series" version.
Tesla did not immediately respond to TheStreet’s request for comment.
The reintroduction of the clause has left some users on Reddit divided on whether or not it is fair for the customer.
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Cybertruck demand has been skyrocketing for months, which is perfect bait for scalpers to purchase and resell the vehicles, and may be the reason why Tesla reintroduced the clause in its contracts for the truck.
In July, it was reported that orders for the Cybertruck, which has been delayed for two years, has surpassed 1.9 million.
In an earnings call that month, Tesla CEO Elon Musk said that demand for the vehicle is "so off the hook, you can’t even see the hook.”
In October, Musk said that the company is aiming to produce 200,000 units of the Cybertruck per year.
"We're aiming to make about 200,000 a year at point production ... maybe a little more, but I just can't emphasize enough that manufacturing is much, much harder than the initial design," Musk said on the "Joe Rogan Experience" podcast, which was released in late October.
That means that some customers won’t have the Cybertruck in their possession until years after they ordered it due to high demand and limited production.
Deliveries for the Cybertruck have already kicked off on Nov. 30, but the majority of customers looking to get their hands on the truck will have to wait until 2024 at the earliest.
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