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You are, of course, correct. This will make enforcement of the prior notice rather, um, difficult.
TESLA: You really need some folks in contracts that know how to write unambiguous contracts that don't contain directly conflicting provisions.
Where do you see the language about submitting the transfer documents and doing the "inspection" PRIOR to the purchase. The stipulation below seems to suggest that the process is contingent on an actual sale having taken place which is a horrible position to put the buyer and the seller through if the ESA transfer does not go through due to the "inspection" failing.
You can't have documentation evidencing change of ownership prior to selling the car...
"A copy of documentation evidencing (1) change of ownership and mileage at date of sale"
Just seems this contract was drafted without any reasonable though given to how people buy and sell cars. You can't sell a car with the premise "Why don't you buy my car and let's give it a try and see if this ESA Extended Warranty I bought for $4,000 will actually transfer to you."
It's right in the first item:
"You may transfer this Vehicle ESA to a different private owner of the same Vehicle or, based upon the calculation specified in Section J(2)(a) through (c) below, as a credit applied to the purchase of a new Vehicle ESA for a new or Certified Pre-Owned (CPO) Tesla vehicle purchased by You, provided that you contact Tesla prior to any such transfer or purchase and submit the following:"
Hence the chicken and the egg analogy and how Tesla is asking for both the chicken and the egg when you barely have an egg.
Read the rest of it though. They are asking you to submit an actual document evidencing change of ownership and the mileage on the date the car was sold and somehow you are supposed to submit this before the sale is finalized without knowing if the warranty transfer will be honored?
They are not asking you to submit this before the vehicle is sold but before the transfer is made when the transfer is what you are trying to validate so you can have a sale. Any verifications of the validity of the ESA transfer needs to be done before the car is actually sold. Not after the car is sold when you can't even undo the transaction easily if sales taxes are already paid. I know I've said this before but pointing it out again since you posted.
The transfer process is basically a boondoggle of a mess and not practical because neither the buyer nor the seller would know if the transfer will be honored until the sale is finalized. Selling or buying a car with the warranty intact shouldn't turn into an episode of Wheel of Fortune :crying:
Policy was reversed. The new language requires inspection of the vehicle to complete the transfer, and the logistics of doing that when selling to an independent buyer is what's being discussed above. The language is now clear that transfers are permitted, but it's a bit less clear how you can guarantee the transfer is successful for your buyer when completing your sale.This is a long thread but was the policy reversed or was it not?
This is a long thread but was the policy reversed or was it not?
They need to have a process where the inspections and validations are done prior to the actual sale, .
Policy was reversed. The new language requires inspection of the vehicle to complete the transfer, and the logistics of doing that when selling to an independent buyer is what's being discussed above. The language is now clear that transfers are permitted, but it's a bit less clear how you can guarantee the transfer is successful for your buyer when completing your sale.
Not really. Just summarizing the current status, and providing context for the current discussion.You say that as if it was a change. The old/original language had the inspection clause included as well. And it I don't think it is required, as the same language existed before and I don't think people that transferred ESAs ever reported that they had to get an inspection. (But Tesla can require that an inspection be done if they feel they need to.)
If the car wasn't maintained when I had it and it is transferred to my son and HE goes to get service the ESA may deny the claim. Okay. That's fair.
Besides discouraging the transfer of an ESA, is there any valid reason to do this? And if so, are other car companies so stupid that they don't do this same practice? What are they missing?
I really don't understand why there has to be any validations and inspections. Does any other company do this? If so, why?
IMHO the reason this is a long thread is because the core matter remains unresolved and the policy reversal is only as good as it is practical and at the moment it is not practical.
What many wanted was a fair, straightforward and practical ESA warranty transfer process to preserve the investment of owners who bought an ESA for peace of mind and maintain the resale value of their vehicle when they sell. This would also benefit those who would like to purchase a private party Tesla with an ESA Extended Warranty.
What they've done is say yes the ESA is transferrable but you need to follow a borderline impossible and unpractical procedure for transferring an ESA warranty that's not much better.
If you want to close this thread I understand but I hope it would be okay if then a thread is created about the ESA Extended Warranty transfer process being pretty much impossible and unpractical to follow, because it is. I hope you would consider keeping this thread open as many feel this issue really is unresolved and this thread contains many arguments that should not need to be rehashed.
They are essentially asking you to send them an already executed document evidencing change of ownership and the mileage on the date the car was sold before they will validate and approve the transfer of the ESA. Except how can a Tesla owner receive the benefit of the ESA that they have paid $4,000 for unless they can covey to someone looking to buy the car that the ESA that was bought and paid for is valid.
I feel this issue is unresolved until we have a transfer process that is fair, reasonable, and practical. This would actually help Tesla in the long run so they don't end up in messy situations with irate buyers and sellers who find themselves involved with the sale of a car and after the fact find out the ESA that was paid for would not transfer for whatever process. Why not just make it clear and fair from the beginning?
I really don't understand why there has to be any validations and inspections. Does any other company do this? If so, why?
Scenario:
I have a car with an ESA.
I transfer the car and ESA to my son.
What suddenly happened that requires an inspection and validation to determine whether or not Tesla with deign to have the ESA transferable?
If the car wasn't maintained when I had it and I went to get service the ESA may deny the claim (if that is a term of the agreement). Okay. That's fair.
But...
If the car wasn't maintained when I had it and it is transferred to my son and HE goes to get service the ESA may deny the claim. Okay. That's fair.
Besides discouraging the transfer of an ESA, is there any valid reason to do this? And if so, are other car companies so stupid that they don't do this same practice? What are they missing?
Okay...so here is why they may be doing this (added dramatic element!)
Owner: Here is a car that has an ESA, so you are covered for a long time, isn't life wonderful?
Buyer: Take my money!
....time passes...
Buyer: Hi Tesla, my car has a bunch of issues, here is my ESA please fix everything.
Tesla: Uhhh....this car never had any service, was obviously raced, was an Uber car (or other number of issues that may invalidate an ESA), no ESA for you!
Buyer: Tesla, you are a meany! I don't like Tesla.
Tesla: Oh, if only we did an inspection and validation after you bought the car we could have told you this then you could have....uh...could have....uh, I guess you couldn't have done anything except ask for your money back?