Ok folks, let’s have a conversation about Tesla’s business practices and whether or not Tesla has violated our Contracts aka “order agreements”. Many of us from 2021 are sitting around watching and waiting while builds are being sent off to other buyers. Often times, the exact build is sent to people who paid more “aka, added FSD”. I don’t know if this is a breach of contract, but it certainly feels like it. Tesla could argue that adding FSD is not your build and is therefore different.

First and foremost, I am not a contracts lawyer (or a lawyer at all), but maybe someone here is! Please chime in with your thoughts. All ideas are welcome.

My thoughts:

The “order agreements” are a contract between you and Tesla. When you placed your order, you made a contract with Tesla for them to complete a car for you at a certain price. It seems to me that Tesla has violated the agreement/contract by building cars for those who contracted with Tesla after ours (regardless of the reason). Is that true? I don’t know.

Is this a “repudiation”?

Source:

When Does Repudiation Occur?​

Courts usually recognize three types of repudiation when it comes to contract law:

The property that is the subject of the deal is transferred to someone else. If the contract is for the sale of property, repudiation occurs when one party transfers (or makes a deal to transfer) the property to a third party. For example, if you’ve contracted to buy a house and you learn that the other party has subsequently sold it to his brother, your sales contract has been repudiated (even if you never heard a word about it from the other party).