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Dealership Commentator: Tesla's Going To Win In Every State

cartechboy writes Unless you've been in a coma for a while you're aware that many dealer associations have been causing headaches for Tesla in multiple states. The reason? They are scared. Tesla's new, different, and shaking up the ridiculously old way of doing things. But the thing is, Tesla keeps winning. Now Ward's commenter Jim Ziegler, president of Ziegler Supersystems in Atlanta, wrote an opinion piece that basically says Tesla's going to prevail in every state against dealer lawsuits. He says Tesla's basically busy defending what are nuisance suits. This leads to the question of whether there will be some sort of sweeping federal action in Tesla's favor.

156 comments

  1. Short answer - No. by Anonymous Coward · · Score: 2

    Not unless Tesla can outspend the dealers lobby.

  2. Federal Overreach by Anonymous Coward · · Score: 4, Informative

    As this is an interstate sale, federal action is actually constitutional. However, I don't see any reason we need Washington to command us how to sell cars; Tesla's approach (common sense and a bajillion dollars) seems to be working.

    1. Re:Federal Overreach by l0ungeb0y · · Score: 4, Insightful

      Yeah, except that a single company shouldn't have to spend a bajillion dollars in order to be able to sell cars without having to kowtow down to dealer cartels. That's why the Federal Government needs to get involved -- no one should have to sell their product through a middleman.

    2. Re:Federal Overreach by iroll · · Score: 0

      What are you smoking? Regulating interstate commerce is a power directly allocated to Congress by the constitution.

      --
      Repetition does not transform a lie into the truth. - FDR
    3. Re:Federal Overreach by trout007 · · Score: 1, Flamebait

      Right. If there is one thing the federal government is good at is breaking up cartels.

      --
      I love Jesus, except for his foreign policy.
    4. Re:Federal Overreach by nedlohs · · Score: 1

      Maybe try reading the words?

    5. Re:Federal Overreach by iroll · · Score: 2

      Ha! Whoops! Read that as unconsititutional. It took me about a dozen rereads to spot it... guess I'm just not used to anybody actually arguing that something is constitutional :)

      --
      Repetition does not transform a lie into the truth. - FDR
    6. Re:Federal Overreach by Anonymous Coward · · Score: 0

      no one should have to sell their product through a middleman.

      Does that work for Pharmaceuticals?

    7. Re:Federal Overreach by gumbi+west · · Score: 4, Insightful

      I think you are trying to be ironic and are throwing your hands up. But try to disprove me on this claim: there is no more effective or prolific trust buster than the USG.

    8. Re:Federal Overreach by PRMan · · Score: 5, Funny

      They've certainly busted my trust over the last 15 years...

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    9. Re:Federal Overreach by ksheff · · Score: 1

      that's what they do best.

      --
      the good ground has been paved over by suicidal maniacs
    10. Re:Federal Overreach by Anonymous Coward · · Score: 0

      Perhaps if people would stop voting for conservative politicians dedicated to destroying the goverment we could have good government.

      Just a thought.

    11. Re:Federal Overreach by Anonymous Coward · · Score: 1

      They can sell directly, what makes you think they can't? They choose to sell through pharmacies because it's more convenient for them to do so. They could easily just accept prescriptions from doctors and sell directly to the patients, it's just that patients often need prescriptions immediately and it's not convenient for the manufacturers to have that many retail outlets.

    12. Re:Federal Overreach by Locando · · Score: 1

      Profound analysis. By your logic, why don't we just give up on anything requiring centralized government then?

    13. Re:Federal Overreach by Anonymous Coward · · Score: 0

      Why 5: Funny?

      Should be 5: Insightful

      Because most people don't realize that we are an Oligarchy and not a democracy. My kids are young and I keep telling them that when they learn later in school that we are a democracy that they need to understand that we could be categorized differently and to read about those other categorizations and decide on their own what we really are.

    14. Re:Federal Overreach by LordNimon · · Score: 3, Informative

      no one should have to sell their product through a middleman.

      Tell that to Section 2 of the 21st Amendment.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    15. Re:Federal Overreach by Anonymous Coward · · Score: 0

      Honestly, except for a few exceptions like the Military, what would be lost with that solution?

    16. Re:Federal Overreach by TemporalBeing · · Score: 1

      Profound analysis. By your logic, why don't we just give up on anything requiring centralized government then?

      Exactly. Outside of keeping the states working together collaboratively, and providing national defense, there really isn't much that the Federal Government should be doing.

      That is why the original Articles of Confederation were so weak - too weak to even enforce getting funding from the States; the US Constitution that replaced it was made stronger primarily to ensure the Federal Government was able to collect funding from the States and do a little more, but the intent of the Federal Government was still basically the same - to help smooth over relations between the States by managing the inter-state relationships, and provide a uniform defense for all States against foreign (not domestic) enemies. (Domestic enemies were left for the States to manage.)

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    17. Re:Federal Overreach by Locando · · Score: 1

      That's weird to say there was any one "intent" of the federal government under the Constitution, given the differing intents of the various people who contributed to it, but your viewpoint is certainly not consistent with that of, say, Alexander Hamilton. Nor is consistent with the views of John Marshall, who established judicial review in what was essentially a power vacuum. Nor is it consistent with the fact that we're discussing the modern validity of speculative viewpoints on optimal government from 227 years ago as if they're automatically relevant in a world of outsourcing, petroleum politics, derivatives, and beheadings for international ransom on YouTube, as if we can roll back to a scope and manner of government that was established partially to appease a slave-holding, cotton-plantation-economy South before it tried to secede anyway. You're talking about 25 years before we decided to invade Canada, for the glory of the Republic, to strike back against (among other things) British forced conscription of American sailors! A lot of things have changed since then! So has the government.

    18. Re:Federal Overreach by Zynder · · Score: 1

      And it'll still be better than the every man for himself mentality we have now. Or do you not see a problem with the current cartels?

  3. Good riddance to bad rubbish by mrsam · · Score: 0

    I should say that Tesla's offerrings are nowhere near what my pocketbook could accomodate. Having said that, I wish nothing but good luck to them.

    Dealerships are useless, blood-sucking parasites, and I won't shed a tear for them, if those massive wasters of useful oxygen will disappear from the face of the earth. Even though I've gotten the art of buying a car down pat, keeping my actual interaction with those vermin to an absolute minimum, and even if, by my own estimates, I reasonably avoid having to deal with maybe 90% of the bottom feeders a typical car buyer would be subject to, I'd still wish them to burn in flaming pits of hell.

    I have to laugh at their PR spin, when they claim how dealerships are the best way to buy cars. Blah, blah, blah. I can safely safe that, having bought 3 cars in the last ten years, dealerships are always just a waste of my nerves, they add absolutely nothing of value, and only inflate the price of a car through their markups. I wouldn't actually even mind if all that having these dealerships around do would add a modest markup to the price of a car, in exchange for a little bit of service. If that was all to it, then I don't think I'd mind it at all. But that's just a small part of the problem, and I'm sure it's quite clear what I'm talking about, so enough said...

    Let's just say that I'm rooting for Tesla, even though if they win it would do absolutely nothing for me directly. Indirectly, yes: not having to deal with those parasites, the next time around, would be a big plus.

  4. Re:Short answer - No. by kelemvor4 · · Score: 1

    Not unless Tesla can outspend the dealers lobby.

    They do have a considerable budget to work with. Here's to hoping!

  5. A coma? by Anonymous Coward · · Score: 0

    Unless you've been in a coma for a while you're aware that many dealer associations have been causing headaches for Tesla in multiple states.

    Or I could not be in a coma and just have other things on my mind.

  6. Spot on by zerofoo · · Score: 5, Insightful

    I buy damn near everything over the internet. I get exactly what I want from a competitive marketplace. Why can't I buy a car to my exact specifications direct from the manufacturer? If Amazon can deliver almost anything to my front door, why can't GM, Ford and Toyota deliver a car to my door?

    1. Re:Spot on by SJ · · Score: 4, Insightful

      Amazon is a middle-man. You're not buying from a manufacturer.

      I'm sure Amazon would be happy to sell you a car. Just make sure you order when they have free-shipping deals on.

    2. Re:Spot on by sumdumass · · Score: 1

      Because they sold the rights to sell those items with restrictions on competition (franchises called dealerships) in various areas of the states and laws have been created to both enforce those rights and restrictions and protect the consumers from the fraudulent acts of unaccountable people.

      And actually, they likely can deliver right to your door, they will do it the same way 1800 flowers does business and use a local dealer as the intermediary who actually procures the vehicle and delivers it. I'm not sure how they can get around dealer markup so it will likely cost. I know there are some dealerships that will deliver purchased cars to your front door. Some will even pick up and return vehicles for maintenance and repairs ( I saw both when I was in New Jersey- Ford, Mercedes, and I think it was Audi. there may be more)

    3. Re:Spot on by iroll · · Score: 1

      Just because FooCo sold franchise rights to its dealers doesn't mean that BarCo should be legally required to create franchises. That doesn't protect FooCo's franchises from FooCo's bullshit, it doesn't protect consumers from FooCo or BarCo, and it's against the most fundamental tenets of free enterprise.

      There are good reasons to create franchise networks, but they should have to compete with other models. The current system was put in place for only one purpose: to artificially create a need for dealers.

      --
      Repetition does not transform a lie into the truth. - FDR
    4. Re:Spot on by ShanghaiBill · · Score: 1

      Because they sold the rights to sell those items with restrictions on competition (franchises called dealerships)

      Baloney. Tesla never sold any franchise rights. Other recent entrants only established franchises because they were required to do so. It is reasonable to have laws regulating how franchises work, so small dealers don't get unfairly crushed after they build the market. It is not reasonable to require a manufacturer to establish dealer franchises.

    5. Re:Spot on by sumdumass · · Score: 1

      I never said bar is bound to a dealership. Ford and the rest are because of it though. This is after all, what the GP was griping about.

    6. Re:Spot on by sumdumass · · Score: 1

      I suggest you read the GPs comment who didn't mention Tesla then take your balogna and put it between a couple slices of bread then eat it.

    7. Re:Spot on by iroll · · Score: 1

      Sure, but right now Bar *is* bound to dealerships, even where none exist, at least in all of the states that Tesla hasn't won concessions in.

      --
      Repetition does not transform a lie into the truth. - FDR
    8. Re:Spot on by Trachman · · Score: 2

      Amazon is a middleman. But you have a choice. For example, if you do not like Amazon, you can go to Ebay, or Alibaba, or you can use internet to reach out the manufacturer of whatever is that you looking for.

    9. Re:Spot on by sumdumass · · Score: 1

      The states have been regulating comercial car sales new and used for a long time now. In fact, ghey do it for most major purchases. I do not see why anyone should be able to skirt that. Perhaps that is reason enough.

    10. Re: Spot on by Anonymous Coward · · Score: 0

      "Why can't GM, Ford and Toyota deliver a car to my door?" Because they're too heavy for a drone to carry?

    11. Re:Spot on by iroll · · Score: 1

      The sticking point isn't that they regulate sales (all sales are regulated at some level), but that they expressly forbid manufacturers from direct sales.

      --
      Repetition does not transform a lie into the truth. - FDR
    12. Re:Spot on by Rinikusu · · Score: 2
      --
      If you were me, you'd be good lookin'. - six string samurai
    13. Re:Spot on by PRMan · · Score: 1

      Or Sony.com or Apple.com or any other of hundreds of sites that sell direct to the public.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    14. Re:Spot on by Anonymous Coward · · Score: 1

      The only way I'd be for a "Tesla Dealership" is only if it was a general fully street legal and CAPABLE electric vehicle dealership, so Teslas, BMW i3 Electric, Mercedes B-Class Electric, Ford Focus Electrics, Mitsubishi i-MiEVs, Nissan Leafs, Smart Electrics, Zero Cycles, Harley Davidson Livewires etc. Just none of the glorified golf carts.

      If these where t also have full supercharger station capability for all brands of electric vehicle and had properly trained electricians to work on the cars should anything go wrong with them we could then have the best of both worlds.

      But a traditional dealership wont give these vehicles a fair shake as they can't make as much money off of maintenance work.

    15. Re:Spot on by Fnord666 · · Score: 1

      I buy damn near everything over the internet. I get exactly what I want from a competitive marketplace. Why can't I buy a car to my exact specifications direct from the manufacturer? If Amazon can deliver almost anything to my front door, why can't GM, Ford and Toyota deliver a car to my door?

      In your scenario your going to hate it when you need warranty work and the dealers tell you that you need to take it to an authorized warranty repair center for directly purchased cars. BTW that service center is three states over.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    16. Re:Spot on by osu-neko · · Score: 2

      I buy damn near everything over the internet. I get exactly what I want from a competitive marketplace. Why can't I buy a car to my exact specifications direct from the manufacturer? If Amazon can deliver almost anything to my front door, why can't GM, Ford and Toyota deliver a car to my door?

      In your scenario your going to hate it when you need warranty work and the dealers tell you that you need to take it to an authorized warranty repair center for directly purchased cars. BTW that service center is three states over.

      You mean like how I can't get warranty repair on my Dell because I'm nowhere near Texas? Oh wait, I can. Hell, I can get the tech to come right out to my office and do it on-site, I don't have to take it anywhere. Funny what happens when there's a competitive marketplace, and the ease or difficulty of getting service and support is something consumers consider. Or were you imagining a scenario where car buyers worry less about server than computer buyers? Cars are so cheap, after all. Oh wait...

      --
      "Convictions are more dangerous enemies of truth than lies."
    17. Re:Spot on by osu-neko · · Score: 1

      s/server/service/

      --
      "Convictions are more dangerous enemies of truth than lies."
    18. Re:Spot on by Firethorn · · Score: 2

      In your scenario your going to hate it when you need warranty work and the dealers tell you that you need to take it to an authorized warranty repair center for directly purchased cars. BTW that service center is three states over.

      Why? Tesla has repair/maintenance centers located even in areas where it can't legally sell it's cars due to the stealership laws.

      Second would be to simply authorize independent repair shops to do warranty work, who the manufacturer would pay standard rates to in order to do it.

      --
      I don't read AC A human right
    19. Re:Spot on by sumdumass · · Score: 1

      You mean they will not let a manufacturer open a car lot in their state? Or is it that they will not allow yhem to act as one without a physical presence the state can regulate?

      This seems a lot like Uber and Lift were people want every business regulated then are shocked to find they are subject to regulation if they act like a business or that their favorite business is regulated too.

    20. Re:Spot on by DrXym · · Score: 1

      I think I'd have more sympathy for dealers if they sold cars for the price on the sticker with no negotiations, no hidden extras, no hidden fees. The price you see is the price you pay. It would be better yet if they did this online where they can't bamboozle people with figures or promises they won't keep or with high pressure sales for extras.

    21. Re:Spot on by DrXym · · Score: 2
      I guess the problem that Apple & Sony demonstrate is that going to the manufacturer doesn't necessarily get you a better price even without a middleman. They just use it as an excuse to have bigger margins.

      The proper form of competition would see the manufacturer required to sell its products at a wholesale price in a transparent and unbiased way. If the manufacturer wants to sell its own product it would have to set up a subsiduary company which would be subject to the same rules as everyone else.

    22. Re:Spot on by jimbolauski · · Score: 1

      Think abut it this way apple manufacturing is going to make its money regardless of who it is selling whole sale too, there may even be antitrust issues if they gave apple retail a discount. Apple retail still has to make money or they will be shut down so the markup is the same.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    23. Re:Spot on by voidptr · · Score: 4, Insightful

      In many cases they're specifically prohibited from opening one. Cars must be sold through dealers, and dealers must have an arms-length relationship with the manufacturer and can not simply be the manufacturer or a subsidiary of the manufacturer.

      Those laws were basically written because while franchise agreements between dealers and manufacturers protected the dealers from direct manufacturer competition, the dealers believed they weren't strong enough and eventually manufacturers and their brands would become strong enough that manufacturers would find a way around them, or simply wait for the agreement to lapse and refuse to renew with that term, that dealers got them codified into law.

      Which puts us back to the original point. The law was intended to protect existing franchises from existing dealers. They never anticipated a new manufacturer showing up who didn't want to sell through dealers. The law should not bind Tesla or any other new manufacturer to a business model GM and Ford designed many decades ago that puts the new entrant at a competitive disadvantage.

      --
      This .sig for unofficial government use only. Official use subject to $500 fine.
    24. Re:Spot on by CastrTroy · · Score: 3, Interesting

      The manufacturer likely could sell for less but in many cases they don't want to get on the bad side of Amazon or Best Buy or whoever else is selling so many of their products. Most manufacturers know very little about good marketing and how to ship a product to the end customer. They simple aren't set up for such tasks. Amazon and others actually provide a very good service to many manufacturers. All the manufacturer has to do is send truckloads of their products to Amazon's warehouse. And Amazon will send money to the manufacturer. Amazon will handle all the complicated stuff like running website, sending out emails to let people know about the products, advertising on websites so people know about the products, search engine optimization to ensure people find the product they are looking for, taking payment from the customer, shipping the product out to the customer. Very few businesses could offer the level of service that Amazon and other online retailers do if they were tasked with it themselves.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    25. Re:Spot on by CastrTroy · · Score: 1

      This is the big question. What does the dealership do other than sell cars for Tesla? Dealerships make a lot of their money doing regular maintenance and warranty repairs on cars. With an electric car, there is a lot less maintenance to be done. And they are much more reliable. They have an 8 year, unlimited mile warranty. No other IC engine car can offer that, because they simple aren't as reliable, and by their nature, never can be. Most of the problems with Teslas have been software bugs. Once they get all that figured out, there's very little that can go wrong. And fixing software bugs can most likely be done by the end user at home, just like they do with their computers, phones, TVs, and game consoles.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    26. Re:Spot on by Khyber · · Score: 1

      "In your scenario your going to hate it when you need warranty work and the dealers tell you that you need to take it to an authorized warranty repair center for directly purchased cars."

      Boy, those dealers are going to hate it when I hit them with a breach of the Anti-tying provisions of the Magnusson-Moss Warranty Act.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    27. Re:Spot on by Anonymous Coward · · Score: 0

      They can do the battery swaps, motor swaps, mods like the transmission gear mod and radiator mod http://backfires.caranddriver.com/forums/53/posts/991324-626780 do all of the mods that can be done to the Zerocycles after market, etc. Hell, they can still draw the traditional car owners in the door by offering tiers and suspension work, needed quite badly here in Wisconsin every winter and spring due to the sudden increase in the pothole population.

      By offering more then just Teslas and offering to do mods that could be covered under an extended warranty they can still make money and avoid the hassle of having to send your electric car to central repair depot when something is wrong like is currently the case with Tesla, i can be done right there.

      Theres currently the problem with Tesla's cooling system not being large enough for some users, like the guy that took one on the Nürburg ring and the Model S went into safety mode after only 4 miles because the stock radiator couldn't keep up with the heat generated, while the battery system could handle it.

      On the flip side, last winter's cold snap cased Teslas to also take a big it to their range, this was only mitigated if you bought the winter package and set up the batter warmer system while the car was plugged in so the battery wouldn't fall below it's optimal temperature range or waste charge trying to maintain it.

      That said I still want a fully loaded Model S P85* like a like a 5 year old wants a pet T-Rex.

      *Not the plus variant, from what I've heard the thinner tiers on the 21" rims(a required part of the upgrade package) stay too stiff when it's cold out resulting in a loss of traction, not good if theres ice and snow.

    28. Re: Spot on by Talderas · · Score: 1

      Primarily because it's a logistical pain in the ass and having a drone deliver it only accounts for some of the problems with delivery.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    29. Re:Spot on by Anonymous Coward · · Score: 1

      Historically, the reason why car manufacturers can't sell directly is because of what happened early on.

      First, the manufacturers didn't *want* to sell directly, because it was logistically difficult (and expensive) for them to run their own sales outlets in so many locations. As a result, they franchised, and dealers came into being. Later, they wanted to open direct-sales locations where their most successful dealers were, thereby shutting those same dealers *out* of the market, and leaving only the less profitable locations as franchised dealers. The dealers (rightly) sued with unfair competition claims, and won.

      The end result of that mess was a patchwork of state (and sometimes local) laws which heavily restrict car manufacturers from selling directly, generally in the form of either an outright ban, or (less commonly)disallowing it where they already have franchises. In locations where the dealer is simply banned from competing with its own franchisees, Tesla doesn't have an issue. Its the places which ended up with a total ban, likely under the assumption that franchisees would always exist, that Tesla is having to jump through hoops.

    30. Re:Spot on by Anonymous Coward · · Score: 0

      Most dealerships I've been at sold their vehicles at or below MSRP, I wouldn't even consider using the few that have a dealer sticker (unless it's for something like custom wheels or aftermarket lighting) with extra charges to actually purchase a vehicle. Other that a vehicle that is in short supply and is highly demanded such as Fords retro Thunderbird when it first came out, I haven"t seen dealerships charging over MSRP. If you use someone like Carsdirect, they will find a local dealer with what you want, if it is out there and you can buy it from them or use the pricing to beatup the local dealer.

    31. Re:Spot on by sumdumass · · Score: 1

      The law should not bind Tesla or any other new manufacturer to a business model GM and Ford designed many decades ago that puts the new entrant at a competitive disadvantage.

      It most certainly should bind them. If you don't like the law, get it changed. But any law on the books needs to apply to everyone equally. Every other automobile company has to play by those same rules. think of how much cheaper toyotas would have been if they were mail order back in the day (and they were both cheaper than American cars and got better fuel economy). How about the Yugo, you saw specials of 2 for one for just $9,000.

      If you do not like the laws, get them changed. But until then, anyone wanting to join the circus must erect a tent.

    32. Re:Spot on by sumdumass · · Score: 1

      There is more to it than that. Buying and selling car between commercial entities is highly regulated. For instance, you need a special license to open a new or used car lot, even if that lot is your driveway. Many states even have laws that consider you to be a commercial sales entity if you purchase and sell more then so many cars in a year (5 or 6 in my state).

      But you also need special licenses if you want to purchase junk cars, salvaged vehicles and so on. The regulations by the state goes well beyond dealerships getting burned by the manufacturers. Its because the public was harmed- salesman lies about condition of car or the car is a lemon- warranties voided for not being serviced at a specific location or using a specific branded product- selling car with leans on the titles so the new owner ends up getting them repossessed by third parties. There are lots of reasons, even the little old lady who only drove it to church on Sunday stems reasons.

    33. Re:Spot on by drkoemans · · Score: 1

      Amazon does sell cars. Well, car. The Nissan Versa Note. http://www.amazon.com/gp/featu...

    34. Re:Spot on by DrXym · · Score: 1

      That's why I said the "official" store should be a subsiduary that buys its stuff wholesale like every other store. Then they can put whatever margin they like to turn a profit and they don't have to worry about what other retailers think.

    35. Re:Spot on by CastrTroy · · Score: 1

      Anytime the "official" store had better prices than some retailers would get as their cost price it would be (rightly or wrongly) seen as favoritism, and the other resellers would be livid. And it would happens. It happens all the time. Amazon and Best Buy get much better prices from the manufacturers and distributors compared to the small time shops because they sell so much volume. The little guys complain but nobody listens because they are so unimportant. But it would not be a good idea for the "official" store would not be able to undercut Best Buy or Amazon, because they have the clout to complain to the manufacturer and get a similar deal.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    36. Re:Spot on by mattack2 · · Score: 1

      Why can't I buy a car to my exact specifications direct from the manufacturer?

      While it wasn't directly from the manufacturer, the first new car I bought in 1998 _was_ to my exact specifications, and I basically ordered it over the Internet. Through an "auto broker", which I guess is YET another middle man, but I knew exactly what I'd have to pay, and it was a painless process.

  7. Why so much fuss? by Patent+Lover · · Score: 1

    Not sure why these dealers are so scared. Tesla is a super high end product that only gets 200 or so miles to a charge. The appeal to even fairly well of people is limited. The existing car companies are still going to be prevented from selling directly.

    1. Re:Why so much fuss? by agm · · Score: 2

      No company should be prevented from selling their products directly to the public. Land of the free indeed.

    2. Re:Why so much fuss? by jklovanc · · Score: 0

      The existing car companies are still going to be prevented from selling directly.

      How do you know this? If Tesla can do it why can't other car companies? Those existing companies could easily sue and win if Tesla is allowed to bypass dealerships. Laws are not so overtly tailored to one company as to make Tesla special.

    3. Re:Why so much fuss? by Patent+Lover · · Score: 2

      Because of this link which is right in the summary: http://yro.slashdot.org/story/...

    4. Re:Why so much fuss? by jklovanc · · Score: 1

      I wonder if existing manufacturers can pull dealership agreements and then come under the same rules a Tesla. There are also existing car companies that do not have dealership agreements that might want to sell directly.

    5. Re:Why so much fuss? by khallow · · Score: 1

      Because once there is a leak in the dike, it will grow. The existing car companies will be prevented from selling directly, only if the existing franchise agreements remain in place.

    6. Re:Why so much fuss? by iroll · · Score: 3, Insightful

      They're afraid that a Fiat or a Mitsubishi coming back to the states without a dealer presence will just use a combination of the internet and maybe some Apple Store-style mall showrooms to eat their lunch, shipping the cars out of central depots, and avoiding all of the overhead of traditional dealerships.

      --
      Repetition does not transform a lie into the truth. - FDR
    7. Re:Why so much fuss? by Patent+Lover · · Score: 2

      The existing car companies stil are prevented from selling directly, because it's anti-competitive with with their franchises. That's why these laws came about in the first place.

    8. Re:Why so much fuss? by ShanghaiBill · · Score: 1

      Not sure why these dealers are so scared.

      Because if Tesla can sell direct, then so can Ford, GM, Toyota, etc. In a decade, there will be no car dealerships, except for used car lots.

    9. Re:Why so much fuss? by PPH · · Score: 2

      If Tesla can do it why can't other car companies?

      Because dealer franchise agreements give individual dealers a defined geographical area in which they are the only sales outlet for that particular model. And that contract language is difficult for manufacturers to break*. Tesla had no such agreements in place.

      *Not just manufacturers. We had a road realignment project here in Seattle that was stalled for years by the existence of a Buick (I think) dealership smack in the middle of where they needed to build the new road. Moving it even a few miles would have overlapped another dealership's territory and the value of the franchise was such that it was a show-stopper for the city for quite a while.

      --
      Have gnu, will travel.
    10. Re:Why so much fuss? by Anonymous Coward · · Score: 2, Informative

      yes they should, but perhaps they SHOULD be required to maintain physical presence where their products are sold so that the customer does not need to be grossly inconvenienced when trying to obtain warranty service. doesn't need to be as extensive as, say, ford motor company's dealer network, but certainly more than one per state in most cases - especially given the proprietary nature of the product and its parts, and single source availability of them, as well as the lack of availability of necessary service manuals and other documentation needed to properly repair a tesla product in or out of warranty.

      essentially that is what the automakers' dealer network is these days with online browsing, pricing reports, and being able to pretty much buy from whichever dealer gives the best price regardless of location --- local warranty service. the local dealer may have overpriced their product so you buy elsewhere, but that local dealer is still obligated to do the warranty service (for which they are paid quite well by the manufacturers).

    11. Re:Why so much fuss? by PPH · · Score: 4, Interesting

      No company should be prevented from selling their products directly to the public. Land of the free indeed.

      So, you are starting out as a small manufacturer. You've got a product you think people would like, but you don't have the money to build a network of your own retail outlets. So you shop around for a general retailer willing to put your stuff up on a shelf.

      The minute your product gains any market share, part of that agreement will be that you don't compete with the retailer within a certain geographical area. And when you start moving large volumes of product through a retailer, your cost to get to the equivalent market goes up. So its a barrier to entry.

      That's why many manufacturers' outlet stores are way out in the sticks. No existing retailers cover that area, so outlet malls spring up.

      --
      Have gnu, will travel.
    12. Re:Why so much fuss? by mark-t · · Score: 2

      Tesla isn't bypassing dealerships because no dealerships actually sell Tesla automobiles.

    13. Re:Why so much fuss? by mark-t · · Score: 2

      Ford, GM, et al would be competing with dealerships that they sold franchises to in the first place, it would be unfair competition.

      Tesla hasn't sold any franchises, and doesn't compete with any dealerships.

    14. Re:Why so much fuss? by khallow · · Score: 1

      Only as long as those franchise agreements continue to exist. Ford or Toyota didn't agree to uphold car dealership franchises till the end of time. If Tesla is able to turn this into a competitive advantage, and I think they will, then most of the car companies will have to follow suit or lose market share.

    15. Re:Why so much fuss? by Anonymous Coward · · Score: 0

      I doubt they could do this, say, tomorrow, but I'm sure these agreements must be renewed. So I could believe that, say, Audi might want to establish their own stores in wealthier parts of the US, for example. That might make the guy who has that current agreement with Audi very sad.

    16. Re:Why so much fuss? by bmo · · Score: 4, Interesting

      The dealer shill thus spake:

      the local dealer may have overpriced their product so you buy elsewhere, but that local dealer is still obligated to do the warranty service (for which they are paid quite well by the manufacturers).

      In no other industry is this true. In electronics, white goods, etc, there are "certified warranty service centers" where you can call up and get them to fix your stuff. For example, you don't have to go to an Apple dealer to get your high-priced computer fixed under warranty - you can bring it or ship it to one of many service centers.

      https://www.apple.com/lae/supp...

      Please note that the requirement to become a service center does not include having to be an Apple reseller.

      Ford, Volkswagen, Jaguar, Chevrolet, etc., should be able to certify garages for warranty work. But no, the automobile industry is the only industry where you have to go to a dealer to get warranty work done.

      Leeches, all of you. Die already.

      --
      BMO

    17. Re:Why so much fuss? by Anonymous Coward · · Score: 0

      True, but these franchise agreements do expire...

      Perhaps a Mercedes-Benz dealer may lose their right to sell Mercedes-Benzs in Beverly Hills in a few years. If Tesla can have happy customers selling via the Internet, maybe all that's needed is a repair shop...

    18. Re:Why so much fuss? by Anonymous Coward · · Score: 0

      Ah, for mod points.

      It's a good point. Alfa Romeo left the US market several years ago. Peugeot as well. Now, there's more to selling a car in the US than just setting up a shingle, granted. But Tesla seems to be making good money selling low volume and high profit without the dealership network. What's to keep, say, Alfa Romeo from establishing an Internet presence in the US and selling their cars here?

    19. Re:Why so much fuss? by PRMan · · Score: 1

      Yep. It's impossible for GM to invent a new badge (like Holden as they are known in the rest of the world) and move all their cars over to it next year. Sorry, dealers, we don't make cars for GMC, Chevy, Cadillac, Pontiac and Buick anymore.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    20. Re:Why so much fuss? by petermgreen · · Score: 1

      Two reasons

      1: They probablly see this as the thin end of the wedge, the first step would be botique car manufacturers selling directly. Then perhaps the major car manufacturers would look into how they can set up an "independent" company that isn't bound by the parent company's dealer relationships or look into how they can end the current dealer relationships and hence become a "dealer-free" manufacturer.
      2: tesla may be a botique manufacturer now but what happens if and when battery costs drop or fuel costs rise to the point that the total cost of ownership of an electric car makes sense for most drives. Will the current major automakers adapt or will they be replaced by a new group of automakers who aren't bound by the legacy contacts of the current big players

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    21. Re:Why so much fuss? by Anonymous Coward · · Score: 0

      Ah, no. Just try to get Nikon warranty service from anywhere besides Nikon. For the vast majority of current Nikon inventory, you can only get service at the factory centers. So, yes it's fucked up. No, it's not unique.

    22. Re:Why so much fuss? by TrollstonButterbeans · · Score: 1

      Fiat owns all of Chrysler, Dodge, Jeep.

      --
      Priest: "Universe from nothing, no laws of physics, sped up time"+ huge discrepancies. Creationism? No. Big Bang Theory
    23. Re:Why so much fuss? by mark-t · · Score: 1

      Sure, but there's not a lot of incentive for the big auto manufacturers to not allow dealerships to continually renew franchise license agreements that are nearing expiry, because if they ever decided to not allow renewal, they would be taking quite a large financial hit from that point forward until they got any new direct-to-consumer system up and running in a self-sustaining capacity.... a large enough hit that it might even bankrupt them.

    24. Re:Why so much fuss? by mysidia · · Score: 1

      Because dealer franchise agreements give individual dealers a defined geographical area in which they are the only sales outlet for that particular model. And that contract language is difficult for manufacturers to break*. Tesla had no such agreements in place.

      Well, if it doesn't suit them, they'll likely just revise the language, or allow the agreement to end at its expiration date, and terminate the contracts; if they don't suit the manufacturer.

    25. Re:Why so much fuss? by Man+On+Pink+Corner · · Score: 2

      Well, if the dealership model really is better for consumers, then the dealerships have nothing to fear. Right?

    26. Re:Why so much fuss? by Firethorn · · Score: 1

      That might make the guy who has that current agreement with Audi very sad.

      I think that the odds are good that the car companies might be required to buy the dealers out.

      --
      I don't read AC A human right
    27. Re:Why so much fuss? by Anonymous Coward · · Score: 0

      That just smacks of dumb contracting. Any exclusivity clause should have a fixed duration, perhaps with an option for renewal but definitely not forever.

    28. Re:Why so much fuss? by Barsteward · · Score: 1

      sounds a bit like the way microsoft and apple do business, the 3 E's - so why should they get away with it and not car dealers after all the market should be open

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    29. Re:Why so much fuss? by NJRoadfan · · Score: 1

      Apple's requirements basically force you to be a dealer. Years ago, a computer store I worked at looked into becoming a AASP and the requirements were ridiculous compared to other brands. Running the numbers, it was actually cheaper to buy the parts through a 3rd party than going through the hassle of playing Apple's game. How many of those iDevice repair places are actually AASPs?

    30. Re:Why so much fuss? by msauve · · Score: 3, Insightful

      "they SHOULD be required to maintain physical presence where their products are sold so that the customer does not need to be grossly inconvenienced when trying to obtain warranty service"

      Why shouldn't the consumer be allowed to decide for themselves what constitutes "gross inconvenience?" Is your mommy government somehow uniquely qualified to do that?

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    31. Re:Why so much fuss? by Anonymous Coward · · Score: 0

      And here I totally forgot that Nikon was an entire industry with it's own protectionist laws.

      A company choosing not to sell directly, or to only service their own products is not the same issue as a company not being allowed to sell directly and being mandated by law to have a middleman be the authorized servicer.

    32. Re:Why so much fuss? by voidptr · · Score: 4, Informative

      That's a reason why you should protect dealer networks if a company decides to start with that business model.

      That's not a reason to protect those dealer networks from an upstart company that never had that business model. Just because GM and Ford made a deal with the devil 50 years ago shouldn't bind a new company to that same business model. Tesla has never had a dealer franchise agreement with anyone, them selling directly does not break any contractual agreement they've entered in to. They have no obligation to respect an agreement Ford or GM made with their dealer network to not compete.

      Also as a counter point, Apple sells plenty of things through the half dozen Best Buys in my town. There's also two Apple stores within a 20 minutes drive. Just because a company sells through channel partners doesn't immediately preclude them from selling direct, it depends on the agreement they made with the channel in the first place. Even car dealer arrangements started out with the dealers protected by the franchise agreements themselves, elevating them from simple contract law to specific legislative protections came later.

      --
      This .sig for unofficial government use only. Official use subject to $500 fine.
    33. Re:Why so much fuss? by Stewie241 · · Score: 1

      Agreed. There's no value in the name recognition and reputation of those brands and buyers would have no hesitation in jumping in and buying a car under a new label.

    34. Re:Why so much fuss? by khallow · · Score: 1

      Unless of course, they'll go bankrupt faster if they don't. But then I guess that would be a case of more incentive to change than you would allow for.

    35. Re:Why so much fuss? by Jason+Levine · · Score: 1

      The dealers are scared because if this "directly selling to customers" thing takes off, they (the dealers) won't be needed anymore. It's the same reason that the RIAA ran scared from digital music. Middlemen don't like when efficiency makes them obsolete.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    36. Re:Why so much fuss? by Bing+Tsher+E · · Score: 1

      The dealers aren't scared. They're annoyed by some fanboyism. With fanboys who write summaries saying the dealers are scared, no less.

      There's no reason to get carried away with feelings of self-importance. Though it helps keep things stirred up.

    37. Re:Why so much fuss? by Anonymous Coward · · Score: 0

      Well, if it doesn't suit them, they'll likely just revise the language, or allow the agreement to end at its expiration date, and terminate the contracts; if they don't suit the manufacturer.

      You are assuming that the contracts involved can be amended arbitrarily by the manufacturer or have an expiration date. Some don't, and Chrysler found out the hard way when they tried to terminate a few franchisee awhile back, not to mention GM. If a contract is amended, it needs to be agreed upon by BOTH partied in this situation. This isn't like some cell phone contract where one side has a team of lawyers intentionally obfuscating the contract details and the other side can't afford a lawyer... this is a case where two teams of lawyers get involved to draft a contract that neither are happy about but both agree is about the best as can be done.

    38. Re:Why so much fuss? by Anonymous Coward · · Score: 0

      What's to keep, say, Alfa Romeo from establishing an Internet presence in the US and selling their cars here?

      The U.S. Department of Transportation. You still need to get the automobile certified to operate on American roads. In the case of these two companies, they also likely have dealership agreements with several companies based upon their earlier sales history, and it is possible that one of those previous dealerships might insist upon a cut of the action. Just because a company like Isuzu no longer sells vehicles in America doesn't imply they have no dealerships to worry about.

      Tesla is in a unique position so far as they are a brand new manufacturer without any prior agreements. The one thing that might bite Tesla in the behind though is the ownership of Tesla by the Toyoda family (the same family that owns and operates Toyota in Japan). That is a minority share of the company though (even if substantial). None the less, it shows the difficulty that manufacturers face in this situation where interlocking ownership can haunt dealership agreements.

    39. Re:Why so much fuss? by PPH · · Score: 2

      That just smacks of dumb contracting.

      Contracts are written by both parties. Don't like the terms? Try asking for something different and see who will sign.

      option for renewal

      Yes, but who has the option? Most often the dealership, to protect what is to them a large investment. Manufacturers won't be affected by a few dealers coming and going to the same extent.

      So, if you want to invest a few million into a dealership, will you sign an agreement that might get you cut off at the end of a term? Interesting note: In the past, dealership franchise contracts prohibited corporate ownership of multiple dealerships. manufacturers didn't want large ownership structures to build up which could challenge them in contract negotiations (divide and conquer). But this was challenged and thrown out by the courts (in the '60s or '70s, I believe).

      --
      Have gnu, will travel.
    40. Re:Why so much fuss? by Anonymous Coward · · Score: 0

      Depends on the State. Connecticut has a law that *any* garage can do warranty work. However, it may be faster to go to the dealership because they will have better/quicker access to parts.

    41. Re:Why so much fuss? by mattack2 · · Score: 1

      1) "only" 200 miles is FAR FAR FAR more than the vast majority of people need.
      2) You are apparently unaware of Tesla's plans to keep building lower and lower priced cars to break into more affordable markets.

  8. Manufacturers win? by Anonymous Coward · · Score: 0

    If Tesla does prevail, I assume other OEMs would follow suit. After all, you should be able to trust that GM will fix your recalled car just as quickly as your local dealer, even if you have to drive much further to a regional service facility.

    For those who think dealers are all evil, remember that the early history of the auto industry is what led to state laws precluding OEMs from selling direct to customers. I suppose times may have changed, but how much do you really trust OEMs?

    1. Re:Manufacturers win? by Anonymous Coward · · Score: 0

      A dealer once sold me a car that they didn't actually own (it was already purchased). In the end it worked out. I learned to never put money down on a car that wasn't right in front of me, and I ended up getting a rush order, at cost, from the factory of a completely pristine car.

      But they fuckers still sold me a car they didn't own and it took threatening legal action for them to do the decent thing, so they can go fuck themselves.

    2. Re:Manufacturers win? by Lonewolf666 · · Score: 1

      In my neck of the woods (Germany) that would have counted as criminal fraud and the German equivalent of the DA might have been interested.
      I'm not so sure about US law, but threatening legal action might have been just the right thing :-)

      --
      C - the footgun of programming languages
  9. Not in Tesla's favour by The+Evil+Atheist · · Score: 1

    This leads to the question of whether there will be some sort of sweeping federal action in Tesla's favor.

    I'd say that's a poor choice of wording. If any such action was taken, it would be AGAINST dealers. It won't be in favour of any single company. It should be fair for all.

    --
    Those who do not learn from commit history are doomed to regress it.
    1. Re:Not in Tesla's favour by jc42 · · Score: 1

      This leads to the question of whether there will be some sort of sweeping federal action in Tesla's favor.

      I'd say that's a poor choice of wording. If any such action was taken, it would be AGAINST dealers. It won't be in favour of any single company. It should be fair for all.

      It should be. But history (e.g. the "only sell through registered dealers" laws) says it won't be. It'll be in favor of whoever pays the most bribes to the right officials.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  10. Gov'ment Motors is too big to phail by Anonymous Coward · · Score: 0

    Screw those Dem union cronies and I welcome the new future of automobiles.

  11. Thoughts by AaronW · · Score: 4, Informative

    One thing is that in most states the laws were written to protect franchises against the car manufacturers but in this case there are no franchises to protect to often these laws don't apply.

    This podcast gives a lot of insight as to why the dealerships are so anti-consumer blood sucking parasites.

    http://www.thisamericanlife.or...

    One other thing to keep in mind is that the dealership model has changed significantly. It used to be a bunch of mom and pop dealerships throughout the country. These aren't the dealerships complaining about Tesla. Instead it's the huge dealership conglomerates that have gobbled up and consolidated many of the smaller independent dealerships. These are also huge political donors in many states, getting laws written to protect them, often to the detriment of the automobile manufacturers.

    Part of it is the way the car manufacturers have the dealerships competing against each other, giving them huge incentives to sell a certain number of cars by the end of the month, etc. The dealerships also make a lot of their money off of service, whether it be warranty service or just plain service.

    Tesla does things differently. The people who work at the showrooms do not earn commissions on cars sold. Their job is to show the car, not play all these silly games pushing cars that people don't want to get their numbers.

    Also, Tesla generally does not maintain an inventory of cars. Every car is built to order with only the features the buyer wants. They don't have huge lots of cars that they have to push since every car is already spoken for.

    Their service is also different. They have publically stated that their goal is not to make a profit off of service. I have had to have things repaired that were not covered by warranty (I broke some clips). The cost to repair was actually fairly reasonable and was much less than what the cost would have been had the same sort of thing happened to my Prius.

    My biggest complaint about service is that there is often a long wait to get an appointment because they're having trouble keeping up with the growing number of cars out there.

    Tesla took a cue from Apple with the Apple stores. They want to provide a consistent experience for their customers without all of the hassles and problems often encountered at dealerships. The company has also consistently bent over backwards in favor of their customers. When news of the fires hit they quickly extended the battery warranty to cover fires caused by hitting objects then actively worked on methods to mitigate it. They retroactively increased the drive train warranty to unlimited miles.

    --
    This post is encrypted twice with ROT-13. Documenting or attempting to crack this encryption is illegal.
    1. Re:Thoughts by fermion · · Score: 2

      My thoughts are there must have been a reason that dealers franchises had to be protected from manufacturers. I suspect there were issues, and that is the reason in the vast number of cases, except for fly by night 'seen on tv' junk we as retail consumers tend to buy retail, not direct from the manufacturer. I have bought or been involved in buying a fair number of cars in my life. I never felt the dealer was pushing me to buy a car I did not want. I have generally gone in knowing the car that I want, and the back and forth is which car that is available is the car I am willing to plunk done some cash for. I suppose some people go into to buy a car that they have no interest in, and the dealer gets them to buy it, but I don't think that is the general case. Making money off service and not the car is no issue to me. That is how we keep cars affordable. It is called competition. What Tesla wants to do is charge an arbitrarily high price for a produce, like Mont Blanc. I am not a greedy person and have never been unwilling to pay for good service. Likewise is a car comes with a good warranty I know that there is a good chance the car is good, and a dealer network means I can get warranty repair. I am not saying that Tesla is not a good car, but if the car needed a repair not under warranty, and it cost money, and it was less than three years old, it is not a good car. There are a lot of cars that have limited production run. The Lotus Evora has production runs of about 2,000 a year, but I can go down the street right now to my car dealer, lay down $100K, and get one. A 2013. So Tesla is not unique there. I suspect that the franchise laws will change, and that Tesla will be able to sell direct. I also suspect that Tesla has spent too much time with the lawyers, and cheating tax payers out of 1.5 billion, and not enough time innovating, so they may not be able to bring the 25,000 electric car to the people, which is what we need. As it is the Asian car manufacturers are shipping real cars right now that get over 50mpg in the real world. Not all electric, but electric is simply a means to an end, not an end to itself.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    2. Re:Thoughts by Anonymous Coward · · Score: 0

      It should be pointed out that it is these same conglomerate dealerships that are trying to force Tesla to sell a franchise to them, and deliberately making it a legal challenge to make it seem easier to simply give in. What they really want is to take a cut of the sales that Tesla is making through their website for cars that are sold in their sales territory. Tesla doesn't want to bother because these guys really are parasites who won't really contribute any additional sales for Tesla and will just make it one more name plate to throw up on the wall that their salesmen won't bother pushing.

    3. Re:Thoughts by Anonymous Coward · · Score: 0

      > if the car needed a repair not under warranty, and it cost money, and it was less than three years old, it is not a good car

      Did you actually read his post? He broke the thing. Warranties protect against mechanical failure, they don't protect against you damaging the car by being careless with it. The fact that GP damaged his car has nothing to do with whether it's a good car or not. (Well it might if these clips were unduly fragile but GP doesn't say that and I haven't heard widespread complaints about "Tesla clips".

      I haven't seen any evidence Tesla is charging an arbitrarily high price: the biggest cost seems to be the battery, which simply is expensive to produce. Of course if you're starting with a low volume model it makes sense to start with a high-end one where the margins are better but they don't seem any higher than you would pay with Merc or BMW. I don't quite see why you get hung up about where the money is made - up front or service. It's still the same amount of money they're making, and you could well argue that paying extra up front for lower service costs (because of greater reliability) makes sense as there's less chance the car will let you down at an inopportune time.

      I drive a Honda that gets 52mpg over a very hilly twisty commute, and there are diesels that will do much better than that. I'm happy with it for now until EVs with adequate range for me come into my price range; but incremental improvements in fossil fuel economy are an entirely different thing to moving vehicles away from fossil altogether. Yes the power still has to come from somewhere but that can be nuclear or renewables. And from a public health point of view even fossil power stations have big tall stacks so that the emissions aren't released right among the people. Fossil powered cars have exhausts at ground level and pump all their nitrous, particulates etc. right into the city atmosphere where they're much more damaging to people.

    4. Re:Thoughts by MMC+Monster · · Score: 2

      Pretty sure they hit the '25,000 electric cars to the people' mark. ;-)

      As for buying cars from dealers, I've been in quite a few purchases myself. The only dealer I had a reasonably good experience with was Saturn.

      With Lexus, Jaguar, and BMW, there was a lot of negotiation. I had to go to several dealers to get competing prices (which were *always* with a spread of $2-3K). In addition, the push was always to buy something either off-the-lot or something that they could have brought over from another dealer's inventory within 2-3 days.

      I was with my dad when he went to get his BMW 5 series. They pushed him into a few options he wasn't particularly interested in because they could get the car to the lot in 2 days. And once he signed the contract, it was a done deal. He called the dealership a couple hours later and wanted a different color, and the answer was that the car was already on it's way from across the state. It arrived more than a week later with barely a 'sorry for the delay' from the dealer.

      --
      Help! I'm a slashdot refugee.
    5. Re:Thoughts by Anonymous Coward · · Score: 0

      if the car needed a repair not under warranty, and it cost money, and it was less than three years old, it is not a good car.

      Not true; the best car in the world can need repairs if the user abuses it, or has an accident that damages the vehicle, or is otherwise negligent.
      A warranty only covers a vehicle from failure through normal use - the sign of a good car is that it comes with a good warranty and never *needs* an in-warranty repair.

      I also suspect that Tesla has spent too much time with the lawyers, and cheating tax payers out of 1.5 billion, and not enough time innovating, so they may not be able to bring the 25,000 electric car to the people, which is what we need.

      Not enough time innovating? You w0t mate? The innovation's been done - what's left is getting the cost of parts down enough to make it happen. They're building out factories to produce the volume of batteries needed to get the cost down. They're building parts for Toyota now to help get the drivetrain production lines running with enough volume to - again - get the price down. The rest is pretty simple - the Tesla S has similar build quality to petrol cars in the same price range, so they've already proven they *can* do it. The question now is *when* it will happen.

      As it is the Asian car manufacturers are shipping real cars right now that get over 50mpg in the real world.

      So are the Europeans. Hybrid supercars are a thing. http://carfueldata.direct.gov.uk/search-by-fuel-economy.aspx - Fuel Consumption search tool - just remember that as a UK site, this site uses imperial gallons. To get 50mpg+ in US gallons, you'll want to select the 70+ category (a UK gallon is 1.4 US gallons).

  12. Why can't anyone compete? by nitehawk214 · · Score: 1

    If a car maker would sell regular cars the way Tesla does, why couldn't they compete in a major way and dominate the younger generation demographic?

    I suppose the barrier here is all the big auto makers are so set in their ways with and entrenched in regulatory capture that there is no incentive for them to change to a new "model".

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
    1. Re:Why can't anyone compete? by nitehawk214 · · Score: 1

      In addition... small or local car dealerships should not complain about Tesla for killing their business model. They should look to those car mega-dealers that completely shit on their customerbase in order to make a dollar. No wonder so many people despise all car dealerships.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    2. Re:Why can't anyone compete? by mark-t · · Score: 1

      The big barrier (for other auto manufacturers) here is that all of the big auto makers have already sold franchises to dealerships, giving dealerships a right to sell their cars, so if the manufacturers of said cars started selling direct to consumers, they would be competing with the franchises that they sold to dealerships in the first place. This is unfair competition, and why it is illegal.

      However, Tesla hasn't sold any franchises, and so wouldn't be competing with any of the dealerships in any kind of unfair capacity.

    3. Re:Why can't anyone compete? by Anonymous Coward · · Score: 0

      It isn't the big auto makers who are fighting against this, it is the independent dealerships who are fighting because they wouldn't have any cars to sell if the manufacturers bypassed them.

    4. Re:Why can't anyone compete? by mark-t · · Score: 1
      The manufacturers can't bypass them because the manufacturers sold the dealerships franchise rights in the first place.

      Tesla hasn't sold any franchises to any dealers, so there's no dealership it actually competes with.

      Now theoretically, big auto manufacturers could pull their franchise lciense renewals and wait for the existing ones to expire before selling direct, but they probably would take a large financial hit in doing so, and its unlikely to be in their best interest.

  13. I'm going to enjoy this...... by Dega704 · · Score: 1

    Few things cheese me off more than corporate cartels and their allies in congress who preach about the goodness of the free market and against government meddling, right up until the free market threatens their dominant position; then they want the government to put a stop to that nonsense immediately. If you really do support a free market, then you either change with the times or you get out of the way and stop holding back those who are actually innovating.

    1. Re:I'm going to enjoy this...... by Anonymous Coward · · Score: 0

      You might be confusing two different groups of people here though. Free market libertarianism sometimes picks up some conservative and even neo-con allies that often preach the same thing.... only to have them turn on you when it impacts their favorite donors and the major companies who have an HQ in their district.

      Sort of like all of those Republican politicians that claimed to be "the conservative choice" and sound like a bunch of Tea Party supporters, but throw those principles under the bus as soon as they return to DC upon winning their election. Those guys I have no respect for at all.

  14. Re: ok...let's say Tesla wins....then what? by randallman · · Score: 1

    Huh? What's your point? Are you being sarcastic?

  15. Re:Short answer - No. by Anonymous Coward · · Score: 0

    Elon will win and beat the dealers lobby in the markets...

  16. What's in a name? by Anonymous Coward · · Score: 0

    What chance does the National Automobile Dealers Association have? NADA!

  17. Re: ok...let's say Tesla wins....then what? by Anonymous Coward · · Score: 0

    He is pointing out why these local car dealerships have such strong allies in state legislatures. They have a huge pile of money that they use for marketing, including contributions to things like that foot race, school bake sales, and other things that keep getting their name into the public that makes them seem like the good guys.

  18. English mutha fuka, do u write it by Anonymous Coward · · Score: 0

    "Tesla's new, different, and shaking up the ridiculously old way of doing things."

    Incorrect apostrophe.

    "basically says Tesla's going to prevail in every state against "

    Incorrect apostrophe.

    1. Re:English mutha fuka, do u write it by dave420 · · Score: 1

      Try again:

      "Tesla is new, different, and shaking up the ridiculously old way of doing things."

      "... basically says Tesla is going to prevail in every state against ..."

  19. DO NOT TRUST TESLA. by Anonymous Coward · · Score: 0

    At least here in Texas Tesla's efforts to end-around the dealerships given them COMPLETE MONOPOLY on the sale of electric vehicles direct to the consumer.

    Make sure they're not doing the same in your area.

    1. Re:DO NOT TRUST TESLA. by Anonymous Coward · · Score: 0

      At least here in Texas Tesla's efforts to end-around the dealerships given them COMPLETE MONOPOLY on the sale of electric vehicles direct to the consumer.

      Make sure they're not doing the same in your area.

      Bullshit - they might be the only manufacturer currently doing direct sales, but that's NOT because of a MONOPOLY, but because other electric vehicle manufacturers are either bound by existing franchise agreements (possibly pressured into, the way the dealers are/were trying to make Tesla), or not on the market (possibly because the don't want to work with the dealerships, but didn't have Tesla's strength to fight 'em).

    2. Re:DO NOT TRUST TESLA. by sxpert · · Score: 1

      citation needed

  20. Conservatives in America by stankalonius · · Score: 1

    It always surprises me that states that argue the most for anti-government involvement in business affairs (the Red or Conservative states) are the first to decry a company that is espousing their ideals. There's too much money involved with Cars and Constituents and other things that our 'elected leaders' care about.

    Tesla's model is, as far as I understand, direct and open competition with their fellow automobile salespeople/dealerships. Tesla is doing everything right (that we know) and should be allowed to do direct business with consumers of their products.

    In the US, its hard because we have a hard time seeing the 'middleman' in our transactions, whether it be at the shopping mall buying clothes or at teh convenience store buying a squishee. Conservatives are mostly arguling against something they believe in, or at least at face value. If they truly want free business unregulated by law, they should allow Tesla to continue to operate as it is.

    Unfortunately the politcal situation in the United States is laughable at best. The outcome is likely to be that many states (a few have already) ban Tesla from selling cars in their state. Sad Day.

    Anyone wanna have a drink? We're fucked.

    1. Re:Conservatives in America by stankalonius · · Score: 1

      We can also spell things correctly. Sorry all.

    2. Re:Conservatives in America by Anonymous Coward · · Score: 0

      Get the fuck over yourself. From Tesla motors:

      For example, you can check out a Tesla at Short Hills Mall in New Jersey, but you cannot take a test drive or discuss pricing with a salesperson. If you want to purchase a car, you would have to buy at TeslaMotors.com and then arrange a delivery.

      http://www.teslamotors.com/en_GB/forum/forums/where-can-tesla-sell-cars

      These so-called Tesla bans are mostly a legacy of the dealer model whereby some dealers sought protection either from competition from other dealers or from a douchebag manufacturer playing franchise games OR from big manufacturers manuevering against small ones (without a large dealer network) - though I'm not sure how valid the last claim and its significance as compared to patents and regulatory capture. Regardless, it is mostly sad and useless legislative cruft in cases that ought to have resolved in courthouses not statehouses.

      Let's revisit your BAN crisis:

      you would have to buy at TeslaMotors.com and then arrange a delivery.

      OMFG you would have to whip out your smart phone and buy the fucking car online. Is this statism? Yes. Is it a sales ban? Not really, more like a marketing ban. It is mostly legal cruft that will get wiped away due to the non applicability of the dealer model to Tesla. Hell, I'd bet dollars to donuts that Tesla is loving these so-called bans because it makes them look like even bigger anti-establishment underdogs. No, I didn't just deny that they are anti-establishment underdogs. I just refuse to fellate them.

  21. Re:Short answer - No. by rockout · · Score: 1

    Citation needed.

    --
    I've learned that they're worthless, so I don't read AC comments anymore.
  22. Facts, history, perspective by pr0t0 · · Score: 4, Informative

    I highly recommend to everyone reading this discussion to listen to this 16-minute NPR Money Matters story:
    http://www.npr.org/blogs/money...

    Them if you have some time, This American Life tells the dealer's side of the story:
    http://m.thisamericanlife.org/...

    I'll warm you now that your blood may boil, and you may turn into a rage monster thinking about the sheer absurdity and stupidity of the car-buying process.

    --
    I'm sorry, but your opinion seems to be wrong.
    1. Re:Facts, history, perspective by Anonymous Coward · · Score: 0

      I'll warm you now that your blood may boil

      I see what you did there.

    2. Re:Facts, history, perspective by powerlord · · Score: 1

      Thanks for the links. Was an interesting listen.

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    3. Re:Facts, history, perspective by Anonymous Coward · · Score: 0

      FYI, your referral spam was caught and removed. You can get rid of your contract-violating sig, now.

  23. Re:Short answer - No. by Firethorn · · Score: 4, Insightful

    Citation coming up.

    Of course, the AC is wrong in most respects.
    1. They're not selling 'carbon credits', they're selling ZEV credits(Zero Emissions Vehicle).
    2. The price isn't $30k per car, the penalty itself is only $5k per missed ZEV, so logically Tesla has to sell them for less. Maybe $4k each.

    It's not small change, but it's only about 5% of the vehicle.

    --
    I don't read AC A human right
  24. Hope they all go out of business! by execthis · · Score: 1

    I hope every one of the grubby mofo's goes out of business and that all vehicle manufacturers follow Tesla's lead in this matter.

  25. English mutha fuka, do u write it by Anonymous Coward · · Score: 0

    Are you on crack?

    1 is "the new way of doing things belonging to Tesla". Apostrophe correct (possessive).

    2 is "Tesla is going to...." Apostrophe correct (contraction).

  26. Re:Coulda shoulda by Anonymous Coward · · Score: 0

    Who would buy a Tesla if the company were owned by GM?

  27. Re: ok...let's say Tesla wins....then what? by KingOfBLASH · · Score: 1

    So why doesn't he just say that instead of the verbal diarrhea ?

  28. Facts, history, perspective by Anonymous Coward · · Score: 1

    Turn into a rage monster?

    This wouldn't happen to be a giant green rage monster would it?

    If so, SIGN ME UP!

  29. Re: Short answer - No. by Anonymous Coward · · Score: 0

    And the big thing missing, is that all other manufacturers currently make hybrids, so they no longer buy from Tesla.

  30. I cant wait for GM to jump in by Anonymous Coward · · Score: 0

    I can't wait for GM and VW and Ford and Dodge to dissolve the dealer networks. They can open online stores and deliver the vehicles directly.
    They closed a bunch of dealerships a few years ago, in favor of the ones that made "donations" to the democrat party.
    Now they can close the rest. Dealer networks were needed in the 50s and 60s when orders passed around slowly.
    They are outdated concepts and the BIG car makers should get with the program.
    Now go into your local dealer and laugh at them.

  31. English mutha fuka, do u write it by Anonymous Coward · · Score: 0

    Actually, no, the apostrophe is correct. In both cases, "Tesla's" is a contraction for "Tesla is", just as "it's" is a contraction for "it is". "Teslas" would be the pluralized form. It's certainly not a *common* writing form, but it isn't wrong.

  32. Bad laws by sjbe · · Score: 1

    The states have been regulating comercial car sales new and used for a long time now.

    Regulation does not require the use of a mandatory middle man. Particularly one that adds as little value as most dealers do. The reasons we have the dealer system we do are largely historical and anachronistic. Regulations can come in many form and pretty much all (legal) transactions are regulated to some degree (see the Uniform Commercial Code). I have no problem with states requiring manufacturers to play nice with their dealers but I have a HUGE problem with states requiring me to buy a car through a dealer even when it makes zero economic sense for me to do so.

    I do not see why anyone should be able to skirt that.

    First off, just because something is the law doesn't make it right. There are plenty of unjust, cruel or even just stupid laws out there that deserve to be ignored.

    Obsolete laws and business models deserve to go the way of the dodo. Furthermore it isn't obvious that Tesla is skirting any law and even if they were I REALLY do not care in this case. Independent car dealers provide me not a single service I genuinely need. They have a very well deserved reputation for behavior that borders on criminal. I would much rather deal with Ford or Toyota or BMW directly than most any independent dealer.

  33. New car companies are very difficult to start by sjbe · · Score: 1

    They never anticipated a new manufacturer showing up who didn't want to sell through dealers.

    I disagree. I think they (meaning the dealers) understood this possibility perfectly which explains some of the current fighting. They just never had to worry about it much because starting a successful new car company is damn near impossible. Plenty have tried but it takes very deep pockets to get into that business, particularly in mature markets like the US. Tesla is really the first company to try.

  34. Re:Short answer - No. by lsatenstein · · Score: 1

    Actually yes. In area, is there a competing phone company? Do they have dealers? And so....

    What is good for Verizon, AT&T, etc -- no dealerships, must also be true and allowed for Tesla

    --
    Leslie Satenstein Montreal Quebec Canada
  35. Re:Short answer - No. by rockout · · Score: 1

    $30K is a long long way from $4k. To say "If they didn't have that, they wouldn't be making any money" about $4k per car is ridiculous. Thank you for pointing out that the AC was full of shit.

    --
    I've learned that they're worthless, so I don't read AC comments anymore.
  36. Re:Short answer - No. by macpacheco · · Score: 1

    Not only you're wrong in the amount, but also you ignore the FACT that every company making ZEVs can sell those credits if they make only ZEVs.
    And the credit is per ZEV, not a percentage of the ZEV price.
    So Tesla is the company least benefited from the ZEV credit. Nissan making cheap ZEV gets a much better return on their investment.
    And that takes us to the most important FACT about Tesla.
    Tesla is a for profit company, but as far as for profit companies go, Tesla cares a whole lot about customer satisfaction than average.
    But it probably doesn't matter, for me "Anonymous Coward" = paid anti Tesla shill in this case. If you had any balls you would show yourself up.