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Tesla Pushes Even More States To Upend Auto Dealer-Friendly Laws (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: Tesla is now pressing ahead with lobbying efforts that would allow it to expand its direct dealerships in two more states: Nebraska and Wisconsin. For now, more than 20 states already allow the California automaker to sell its own vehicles, while others have set up a system that at least partially bans manufacturers from direct sales and effectively protects auto dealers. Those states include Texas, Michigan, West Virginia, and Utah, among others. Last year, court rulings and changes in the law in Arizona, Missouri, Indiana, and other states have paved the way for Tesla to sell directly to the public. In Nebraska, the new bill under consideration is known as LB 830. It has been met with opposition from existing dealers who are concerned that other manufacturers like GM or Ford will want a similar arrangement. Similarly, in Wisconsin, SB 605 would carve out an exception in state law for a "manufacturer [whose] motor vehicles... are propelled solely by electric power."

116 comments

  1. So what about states that oppose this? by DontBeAMoran · · Score: 4, Funny

    Will they be charged in court?

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    1. Re:So what about states that oppose this? by R3d+M3rcury · · Score: 2

      I'm sure they will be batteried into submission.

      Yeah, not my best work.

  2. Finally Elon does something right by Anonymous Coward · · Score: 0

    Normally his business subsists on USING cronyism. It's nice to see him doing something against it by fighting the ridiculous and evil auto dealer protected guild. Elon is doing it for self-interest, but I'll take what I can get.

  3. Someone remind me again... by cayenne8 · · Score: 2

    ...why do we have laws on the books to being with, that pre-empt car manufacturers from selling direct to the public and require them to go through dealerships?

    --
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    1. Re:Someone remind me again... by desdinova+216 · · Score: 2, Insightful

      because the owners of the Local dealerships who provide a lot of campaign money to State level legislators want to protect their business model.

    2. Re: Someone remind me again... by Anonymous Coward · · Score: 0

      Because auto manufacturers are worse scum than car dealers.

    3. Re:Someone remind me again... by Strider- · · Score: 3, Informative

      Because it actually made sense 70 years ago. The manufacturers would sell the vehicles, but not provide the service/support/parts infrastructure that was required to actually service them (given the poor reliability). Putting the dealerships brought about the parts/service stuff that the dealerships weren't providing.

      In the modern era, when vehicles are much more reliable, and there are parts/service infrastructure separate from the delaerships, it no longer matters. However, in small town america, the dealerships are often the larger businesses in town, and thus have a significant amount of clout when it comes to state lawmakers.

      --
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    4. Re:Someone remind me again... by tlhIngan · · Score: 1

      Let's just leave the essential "Adam Ruins Everything" on cars which explains it all very nicely.

      https://www.youtube.com/watch?...

      It's a monopoly system. And yes, it also makes it impossible for Tesla to open dealerships that won't be owned by the same dealerships that will screw you over right now, which is another reason why Tesla won't franchise - the laws make it so you can't just arbitrarily open a new dealership.

    5. Re:Someone remind me again... by Uberbah · · Score: 1

      The manufacturers would sell the vehicles, but not provide the service/support/parts infrastructure that was required to actually service them (given the poor reliability). Putting the dealerships brought about the parts/service stuff that the dealerships weren't providing.

      How does that make sense though - if the car company isn't providing replacement parts, they're leaving money on the table. Couldn't find it with a quick Google but I think Henry Ford had a quote to the effect that he would give cars away for free if he could just have a monopoly on the parts.

    6. Re:Someone remind me again... by nealric · · Score: 1

      Modern car companies only directly make a small fraction of the parts that go into their vehicles. There's a whole industry of second and third-tier suppliers for parts. It's simply no longer feasible for any one company to produce every car that goes into a modern vehicle. Back in Henry Ford's day, there were far fewer third party suppliers.

    7. Re:Someone remind me again... by Uberbah · · Score: 1

      Sure, modern cars, but the parent's context was 70 years ago. You couldn't go to Amazon and order parts made in China or Vietnam 70 years ago.

    8. Re:Someone remind me again... by nealric · · Score: 1

      That's exactly my point.

  4. Why exceptions? by Cajun+Hell · · Score: 4, Insightful

    Why wouldn't you want to order a Ford or GM (or Toyota or whatever) directly, instead of having to go through a middleman? Are these laws pure corruption or is there some way to look at them in the best light, where they serve the peoples' interests?

    --
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    1. Re:Why exceptions? by Comrade+Ogilvy · · Score: 4, Interesting

      There is a fig leaf of an argument that a car is such a significant purchase that there should have some minimal in state presence for service/support for the customer.

    2. Re: Why exceptions? by Anonymous Coward · · Score: 0

      Wouldn't Tesla's direct dealerships accomplish exactly the same thing, though?

    3. Re:Why exceptions? by michiganbob · · Score: 4, Interesting

      If you could just order a car directly from Ford, what's to stop you from visiting a dealership, taking a test-drive, wasting the sales clerk's time, then leaving and buying your car on ford.com? I'm sure this isn't exactly what lawmakers had in mind originally, but I can see this being some kind of protection for the dealerships.

      Semi-related, my local camera store has had this exact problem since the advent of the internet. I'm amazed they're still around.

    4. Re:Why exceptions? by Anonymous Coward · · Score: 1

      The original intent was to prevent shady car manufacturers that went sell cars then go out of business and the consumer would be left with a vehicle that would not run and be unable to be serviced. Remember, these laws came about 100 years ago. Now there is no need but at one time they were there to prevent consumer fraud.

    5. Re:Why exceptions? by Anonymous Coward · · Score: 0

      Perhaps the dealer can sell it cheaper than Ford.

    6. Re:Why exceptions? by Luthair · · Score: 4

      The flaw in your argument is that most people already would go test drive at the closest lot, then contact a large number of nearby dealers seeking the best price.

    7. Re:Why exceptions? by Anonymous Coward · · Score: 5, Insightful

      There is a fig leaf of an argument that a car is such a significant purchase that there should have some minimal in state presence for service/support for the customer.

      They can keep the showroom and service bays, I just want standardized prices with no need to haggle over stupid stuff. I'd like to just be able to place the order online, even fill out the paper work electronically and place the deposit, only having to show ID and put down the final signatures when I arrive to take delivery.

    8. Re:Why exceptions? by Anonymous Coward · · Score: 1

      Devil's (or Alan Greenspan's) advocate is that by creating middlemen you increase the market and trickle down the economy -
      Local little leagues need T-shirts with logos on them.
      Gil the sales guy needs to meet his quota to feed his cat.
      The illegal immigrant mechanics that change your oil for $200.
      Those big swathes of over priced ex-farm land near the edge of town don't sell themselves.
      Bright night lights to keep cars safe keeps the electric company happy.
      The country club can't just be full of lawyers, doctors, and politicians - they need some sort of rich merchants to round it out.

    9. Re: Why exceptions? by Anonymous Coward · · Score: 0

      That's not really the issue. Tesla wants to open their own stores and have a physical presence. Their business model would be along the lines of Apple stores. Instead of licensing independent franchises to operate dealerships, they would run their own dealerships.

    10. Re:Why exceptions? by Anonymous Coward · · Score: 0

      there is nothing to stop you, but there is also nothing stoping you from doing that same thing and then looking at the inventory of other dealerships in the area and buying the vehicle from one of them. I see no real difference, but to put your worries to rest most dealerships make very little off of the actual sale of the car (luxury brands/models are the exception). In fact most dealerships make the majority of their money from the servicing of cars. The only money that dealerships make from the sales of cars is from the sales of used cars (trade ins or cars from the auctions)

      You also can go directly to ford.com and order a vehicle and have it delivered to the nearest dealership already btw. The money has always been in the service deparement.

    11. Re:Why exceptions? by Anonymous Coward · · Score: 0

      I can see this being some kind of protection for the dealerships.

      Why do the dealers need protecting? They don't actually perform any useful function.

    12. Re: Why exceptions? by Anonymous Coward · · Score: 0

      The National Automotive Dealers Association commissioned a report that (shockingly) reached the conclusion that you suggested. However, the Federal Trade Commission came out in favor of direct sales from manufacturers, suggesting it would save consumers on average 8%.

    13. Re:Why exceptions? by Anonymous Coward · · Score: 0

      What stops you from doing that now?
      This is how buying a car works. You visit 2 or 3 dealers, get offers from each, and then you use those to lower the offers as much as possible until you buy from the lowest.

    14. Re:Why exceptions? by Anonymous Coward · · Score: 0

      If you could just order a car directly from Ford, what's to stop you from visiting a dealership, taking a test-drive, wasting the sales clerk's time, then leaving and buying your car on ford.com? I'm sure this isn't exactly what lawmakers had in mind originally, but I can see this being some kind of protection for the dealerships.

      Semi-related, my local camera store has had this exact problem since the advent of the internet. I'm amazed they're still around.

      Not a problem if Ford owned and operated the dealership directly, either you buy on of the ones already there because you already like it or you order one if you want to customize the paint color and options and such (like you would with a regular dealership). The cars would be there primarily for test drives and for people who want it now, as well as selling the pre-owned ones.

    15. Re:Why exceptions? by lewiscr · · Score: 2

      That worked out so well when GM shut down a bunch of shitty brands. I had a Saturn. It didn't become completely unable to be serviced, but it sure what a much bigger PITA. (Note: I loved my first Saturn, when they were an independent manufacturer. I hated my last Saturn, when they were just a GM car with a different badge.)

    16. Re:Why exceptions? by Anonymous Coward · · Score: 0


      where they serve the peoples' interests?

      They DO serve people's best interest. It just happens that "the people" in this case are auto dealerships, not consumers.
      Politics always has been about balancing different interest groups. It's not all that useful to think of interests as "the people". The question always comes down to: Which people?

      In this case I happen to agree that this is a choice that doesn't serve the vast majority, so I oppose these sorts of protectionist laws. I'm sure there's an interesting story about how stuff like this got passed. It likely involves a lot of fear mongering, and special interests.

      It was never really very relevant until a new car maker comes around and disrupts the status quo. I'm willing to bet there's just a LOT of situations like this where there's some strange form of protectionism that serves a small number of people, but it never gets challenged because the status quo benefits from it, and there's no powerful challengers to change the law. (A few good examples are Liquor laws, and gas-pumping in NJ)

    17. Re:Why exceptions? by Anonymous Coward · · Score: 0

      >trickle down the economy

      THAT DOES NOT EXIST

    18. Re:Why exceptions? by Anonymous Coward · · Score: 0


      and wasting the sales clerk's time, then leaving and buying your car on ford.com?

      Ford not allowing you to do this, or simply selling it at a higher price than the dealer? If companies want local dealships, they need to keep that business model alive themselves. If they choose to kill it off, that's their business. States shouldn't have to protect dealers business. (And this obviously works because the vast majority of states already don't have these sorts of laws on the books)

    19. Re:Why exceptions? by desdinova+216 · · Score: 1

      the same reason that the RIAA needs to be protected.

    20. Re:Why exceptions? by StormReaver · · Score: 2

      If you could just order a car directly from Ford, what's to stop you from visiting a dealership, taking a test-drive, wasting the sales clerk's time, then leaving and buying your car on ford.com?

      Nothing, but I think that's the way it SHOULD be. I think the entire car sales model should change to that exact experience. Car manufacturers should be required to have test drive facilities in every city from which a car can be ordered online, where the employees of that facility are paid by the car manufacturer, and exist SOLELY to facilitate test drives and to make repairs. Then the buyer goes online and orders the car directly from the manufacturer.

      Car dealerships suck, and we would all be better off if they were relegated to the history book.

    21. Re:Why exceptions? by desdinova+216 · · Score: 1

      the states do if they want to keep that campaign money coming from the car dealers. Also many state level legislators are owners of dealerships.

    22. Re:Why exceptions? by Ichijo · · Score: 1

      If you could just order a car directly from Ford, what's to stop you from visiting a dealership, taking a test-drive, wasting the sales clerk's time, then leaving and buying your car on ford.com?

      It's only a problem when the manufacturer competes with its own dealerships. So why is it better to allow dealerships and prohibit direct sales than the opposite?

      --
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    23. Re:Why exceptions? by networkBoy · · Score: 1

      Interestingly as a (long former) sales person for saturns, the employment side of that is an identical experience... :)

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    24. Re:Why exceptions? by Dragonslicer · · Score: 1

      Why wouldn't you want to order a Ford or GM (or Toyota or whatever) directly, instead of having to go through a middleman? Are these laws pure corruption or is there some way to look at them in the best light, where they serve the peoples' interests?

      In theory, a car dealership could be like any other retailer. You go there, look at different models from different manufacturers, and decide which one is best for you. The fact that most dealerships only have cars from one manufacturer breaks that theory, though. Unless you want to spend a large amount of time, you have to narrow your choices down to two or three manufacturers before you even start to look at cars in person.

    25. Re:Why exceptions? by Anonymous Coward · · Score: 0

      The flaw in your argument is that most people already would go test drive at the closest lot, then contact a large number of nearby dealers seeking the best price.

      Also, one is more likely to go to the closest dealership for many service needs (especially during the warranty period, when one may not want to mess around with third-party parts).

    26. Re:Why exceptions? by Anonymous Coward · · Score: 0

      There is a fig leaf of an argument that a car is such a significant purchase that there should have some minimal in state presence for service/support for the customer.

      They can keep the showroom and service bays, I just want standardized prices with no need to haggle over stupid stuff. I'd like to just be able to place the order online, even fill out the paper work electronically and place the deposit, only having to show ID and put down the final signatures when I arrive to take delivery.

      Honestly the last car I bought went pretty much that way, and that's at a traditional Chevrolet dealer.
      They will still cater to doing things the old fashioned way, but all that time saved with you finding the car online and providing them all your info electronically is good for them too.

    27. Re:Why exceptions? by Anonymous Coward · · Score: 0

      There is a fig leaf of an argument that a car is such a significant purchase that there should have some minimal in state presence for service/support for the customer.

      A house is an even more significant purchase, why aren't there similar laws to *force* you to go through a middleman?

      Corruption is corruption, no matter how you sugar coats it.

    28. Re: Why exceptions? by Anonymous Coward · · Score: 0

      Is Tesla going to set up locations all over the state or will they concentrate their sales and service operations in major cities? Let us look at California, where Tesla has 30 locations. The majority are in Southern California. In Northern California they have Sacramento, San Francisco, Sunnyvale, Palo Alto, San Jose, Dublin, Walnut Creek, and Seaside (Monterey). None are in the northern part of the bay. None in the far north part of the state. None in the Central Valley or Sierras. None in Fresno. In the southern part of the state, if you lived in San Bernardino or Riverside, you would need to drive 90 minutes to get to a Tesla store.

      BMW and Porsche have more locations than Tesla.

    29. Re:Why exceptions? by KingMotley · · Score: 1

      Problem solved. Prohibit car dealers from selling cars, period. You order the car online, and you can have it delivered to your house (for fee), or to a dealership (for a slightly higher fee).

    30. Re: Why exceptions? by Anonymous Coward · · Score: 0

      You don't need to drive 90 miles, Tesla sends a flatbed to pick up your car and leaves a Tesla loaner in its place or sends a mechanic to fix your car at your house.

      Source:. Tesla owner more than an hour from a service location. They flatbedded my car to fix a rock chip in the window and the sent a mechanic to fix a door handle that stopped opening.

      The funny thing is, if you live in Michigan the crony laws protecting dealerships not only ban sales of Tesla cars, they also ban Tesla from repairing cars owners bought in another state.

    31. Re: Why exceptions? by Anonymous Coward · · Score: 0

      Well, for one, now that it is currently in the law books, cutting out existing dealerships would be disruptive and have a number of short term issues caused by struggling dealership businesses.

    32. Re: Why exceptions? by houghi · · Score: 1

      You must be new here. Not meaning /. I mean the workings of US political system.

      --
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    33. Re:Why exceptions? by thegarbz · · Score: 2

      Except that this here is to protect dealerships and has nothing to do with presence in the state. The opposite of dealerships in the states is not no presence, but rather company shops.

      You can try the no presence thing. Expect your marketshare to reflect that accordingly. That fig leaf of an argument self-regulates.

    34. Re:Why exceptions? by thegarbz · · Score: 4, Insightful

      Semi-related, my local camera store has had this exact problem since the advent of the internet. I'm amazed they're still around.

      Which makes you wonder why are they still around. You see it becomes a question of value. Do I go waste someone's time and then take my business online with a re-seller I've never seen who is in god knows where subject to god knows what laws, or do I spend a couple of hundred dollars extra to protect a major investment by buying locally, a product that I get instantly, where if I have a problem I can not only return it with ease but also deal with a living person rather than some RMA email service.

      Unfortunately dealerships do nothing of the sort. Fuck them. You know what the opposite to a dealership model is? Tesla. Where you can go into the Tesla store, take a test drive, waste the sales clerk's time, and then leave buying your car on tesla.com all the while the people running the stores still happily take home a paycheck and don't try to heap on after market worthless "extras".

    35. Re:Why exceptions? by DrXym · · Score: 0
      Because you can't have it both ways.

      If Ford / GM started selling directly then either a) they have an unfair advantage to undercut the dealers and drive them out of business, or b) they charge prices way in excess of dealers, c) they operate as a cartel with the dealers, neither undercutting them or charging more than them - price fixing.

      None of these choices are good for the consumer. The only way I could see Ford / GM selling "direct" is if they spun off a completely independent subsiduary that was able to purchase and sell vehicles under exactly the same terms and conditions as any other dealer. But even this would be fraught with legal issues.

      And besides that, this is beside the point. Tesla basically wants to be a monopoly seller of its products. That is TERRIBLE for consumers. They charge what they like and there is absolutely no way for a consumer to better the price, get a deal or anything because there is no competition to the website.

      As horrible and as scuzzy as some dealers are, they are still a form of competition. Tesla simply doesn't want competition or to sell cars wholesale. It wants the money all to itself.

    36. Re: Why exceptions? by DrXym · · Score: 1
      Yes and like Apple, they want people to pay exactly the MSRP or go fuck themselves. They don't want other dealers buying their products wholesale and undercutting them.

      In other words they don't want multiple dealers in competition with each other selling their products. They want all the money to themselves.

    37. Re:Why exceptions? by Anonymous Coward · · Score: 0

      Heck, my roommate goes to the shoe store to find shoes he likes... then just orders them from amazon. Has done this for years now.

    38. Re:Why exceptions? by AmiMoJo · · Score: 1

      In the UK it's the opposite. You generally have more rights if you buy online, because distance selling regulations mean you can return the item for any reason within 2 weeks or receipt. If it isn't faulty you have to pay return postage, that's it. Doesn't have to be in the original packaging either.

      I generally prefer this to buying in physical shops, because all the physical shops are crap. Shops with salesmen are the worst. It doesn't have to be that way, in Japan I like physical shops and really enjoy shopping. For that reason I have little sympathy for shops that can't compete, although I guess maybe it's partially the manufacturers faults too for the terms they provide stock under.

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    39. Re:Why exceptions? by Anonymous Coward · · Score: 0

      When is the last time someone got paid working for a poor person?

    40. Re:Why exceptions? by Anonymous Coward · · Score: 0

      Does this happen with any other products in the US?
      Why only cars?

    41. Re:Why exceptions? by nealric · · Score: 1

      Nothing. If the dealer model is inefficient, it will die. However, other products are produced where you have the option of buying direct. I can buy an iphone at an Apple store or at Best Buy, and it seems to work for the respective companies.

    42. Re:Why exceptions? by DrXym · · Score: 1
      Most consumer products are sold by multiple stores and the competition comes from stores who offer convenience, better prices, and/or better customer service for the price you pay. The price being usually less than the MSRP.

      Cars are big ticket items but the idea of dealerships is to perform a similar role - to be competition to each other so that when you buy a Ford, you have a choice of dealers and if you shop around you will get the best deal.

      The Tesla sales model so far is buy from their store or take a hike. It's obvious why there may the competition issues with this.

    43. Re:Why exceptions? by torkus · · Score: 1

      Why even REQUIRE it? Just allow it.

      Any car mfg who doesn't do that will lose out in advertising, publicity, and sales.

      I'd actually see it more like, mfgs provide 'test drive' cars to various sales/repair service companies. Those companies contract warranty repair and service for the cars and also have a 'new car lot' where you can see and test drive vehicles which the mfg pays to have put there and shown. It doesn't diverge greatly from the existing method of sales except you skip the sleezy salesman and haggling over price.

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    44. Re:Why exceptions? by torkus · · Score: 1

      You mean like the destination charge fee you already pay? :)

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    45. Re:Why exceptions? by torkus · · Score: 1

      Nothing. If the dealer model is inefficient, it will die.

      Not necessarily. Look at he RIAA and MPAA. Their models are horrible inefficient and actively anti-consumer / anti-artist. However they've gotten enough laws passed protecting their business model and essentially outlawing any competition with extreme fines to enforce those laws...that they get to continue.

      Car sales are of a similar ken...and Tesla is coming in and turning them all upside down. They're just ... ignoring most of the 'rules' in the industry they're entering and carving out their niche quite nicely. Those who play by those rules are fighting back though and we can all enjoy some popcorn while we see who wins.

      --
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    46. Re:Why exceptions? by KingMotley · · Score: 1

      Yes, like the destination charge you already pay -- and you currently even pay it if you pick it up at the factory.

    47. Re:Why exceptions? by beanpoppa · · Score: 1

      There's nothing wrong with being a monopoly for your own product. There are plenty of direct-sales manufacturers out there. Tesla is a single manufacturer (and a very small one at that.) If you don't like what they are charging, buy a product from another manufacturer. Tesla has to compete with GM, Nissan, Ford, etc who also make electric cars. They can only price their cars to be competitive with them.

    48. Re: Why exceptions? by Anonymous Coward · · Score: 0

      You mean licensed real estate agents?

    49. Re: Why exceptions? by LinuxIsGarbage · · Score: 1

      Is Tesla going to set up locations all over the state or will they concentrate their sales and service operations in major cities?

      It's very common that the less common the vehicle make, the more focused their presence is in large cities.

      GM and Ford seem to be in almost every pissass village, but you need to go to a town, not a village to find a Toyota dealer. You then have to go to a city to get a BMW or Porche. You then have to go to a large city to get Tesla or Ferrari.

    50. Re:Why exceptions? by Anonymous Coward · · Score: 0

      Saturn was always GM. They went to a huge (and expensive) effort to make it seem as independent as possible to try and woo back the buyers who switched to brands like Toyota and Honda during the 80's and wanted nothing to do with anything GM made. Whether they were successful or not is debatable*, but nevertheless GM managed to turn it another redundant badge job by the 2000's which made the brand entirely pointless which is why it was axed.

      Technically, GM should have been on the hook for their orphaned brands, but like a lot of other things the government basically didn't hold them to their obligations. Nevertheless, since many of Saturn's cars are basically badge jobs most GM dealers will service them and most parts are readily available.

      * A local u-pull-it type junkyard used to put Saturns in the foreign section, which I found hilarious

    51. Re:Why exceptions? by Anonymous Coward · · Score: 0

      The whole term "MSRP" doesn't really apply with Tesla. That's an artificially jacked up price that middlemen (dealers) "compete" to beat. If a manufacturer is just selling direct, they can price much closer to wholesale. So no, there isn't competition between dealers with Tesla--you just step over that whole circus and go right to them to get a pretty decent price.

      And if it's not decent? You take your business to BMW or Mercedes or whoever else. That's the way it works. Tesla is free to charge whatever they like for their vehicles. You are also free to blow them off and buy a vehicle from a competitor. If they overprice their cars, consumers won't buy them, and they'll have to change or die.

    52. Re:Why exceptions? by Anonymous Coward · · Score: 0

      >> If Ford / GM started selling directly then either a) they have an unfair advantage to undercut the dealers...

      Thanks for basically admitting that dealers as a whole are charging too much for cars. Otherwise, why would it be possible for the manufacturer to undercut them? I guess all that inter-dealer competition can't beat the price of going direct, eh?

  5. This is uniquely a US problem. by Anonymous Coward · · Score: 5, Informative

    No where else in the world do these types of protectionist laws for car dealerships exist. They were originally intended to protect car dealers from having to compete with a manufacturer if they wanted to start up their own dealership. Manufacturers were pushing less successful models to their dealers. This was all in the 1920 or 1930's.

    Now, the dealerships are using this law as a guise to "protect the consumer", but really it should be transparent that they're doing it because it's easier to lobby and legislate your competition away than to actually compete with them by trying to sell cars.

    1. Re:This is uniquely a US problem. by John+Napkintosh · · Score: 2

      It seems to me like the main dealers should be able to cut out the middleman, sell a product that's ultimately lower in price, but actually increase the price they receive per unit. They can pass some of that middleman savings onto the customer while retaining some for themselves, and the customer saves more while they make money. The "dealer network" can still exist for purposes of service and repair - which the main dealers would probably rather not bother with - and they can still compete with the main dealer if choose in whatever way they think they can make a buck (some kind of value added services).

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    2. Re: This is uniquely a US problem. by houghi · · Score: 1

      Living in Belgium, I have heard of people buying directly from e.g. VW, go there and pick up the car, for most it is just not worth it. You go to a dealer, select your car, wait 2 months and pick it up.

      Most will have just one model in the showroom. If you want something else, it needs to be ordeed.

      --
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    3. Re:This is uniquely a US problem. by coofercat · · Score: 1

      Yeah, America is a country that believes in 'small government', the 'free market' and self-regulation. Weird, huh!?

    4. Re: This is uniquely a US problem. by Geeky · · Score: 1

      SEAT have a direct sales outlet in the UK, but I can't imagine why anyone in their right mind would buy from them. Prices are strictly list price, whereas all dealers will cut at least 10%, usually more, and throw in a few extras.

      --
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    5. Re: This is uniquely a US problem. by Anonymous Coward · · Score: 0

      But that makes sense.
      Huge orders cost less per unit. You don't buy from SEAT but can if you want to.
      The dealer takes on the risk and cost of trying to sell those orders.

      No laws required. Just set list prices.

  6. movie theaters can't be owned by studios by Joe_Dragon · · Score: 4, Interesting
    1. Re:movie theaters can't be owned by studios by hondo77 · · Score: 1
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    2. Re:movie theaters can't be owned by studios by Anonymous Coward · · Score: 0

      You don't have the mental capacity to understand the difference between the two.

      Let me guess, shit for brains?

    3. Re:movie theaters can't be owned by studios by thegarbz · · Score: 1

      Not quite relevant. The purpose of this was to prevent studios which own a lot of cinemas to drown out the competition with their market power on account of only playing their own movies and no one else's content.

      On the flip side that is exactly what exists here despite these laws. A Ford dealership sells Ford cars.

  7. Where Is The Need? by ytene · · Score: 4, Interesting

    I'm not a US citizen so not directly impacted by this specific discussion, but something which interests me about it is the apparent argument [from the dealers] that there is something uniquely special about an automotive purchase that requires that all such transactions cannot happen directly with the manufacturer and must go through the dealer. Why is this?

    It can't be simply transaction value: huge numbers of new homes are built every year, many sold by agents and not by the builders.

    It can't be because it's a mechanical device or has an engine in it: motor boats and motor yachts are sold every year - many for prices far higher than cars - without enforcing dealership based purchase.

    Maybe it's because the dealers can continue to gouge their clients for years and years - on servicing and a raft of other things. Maybe it's because it allows for artificial control of used vehicle pricing.

    Bottom line is: there doesn't seem to be any established or practical precedent that explains *why* motor vehicle dealers think they have such a unique use case as to grant them this special dispensation.

    Or are they just being precious?

    1. Re:Where Is The Need? by Comrade+Ogilvy · · Score: 1

      Greed and power.

      Typical working adults must drive. On average they are directly or indirectly spending a few thousand per year on a new vehicle. In a rural area that cost will probably exceed 10% of gross wages. So imagine 6-10 men chatting over brunch in a local restaurant, to discuss business and politics. These men represent families whose businesses touch over 10% of the gross wages of the entire county. Guess what kind of effect they have on state politics? Rural politicians are outright terrified of these little social circles, and it is nearly impossible for them to get elected without getting the nod. The state gov'ts reflect this reality.

    2. Re:Where Is The Need? by will_die · · Score: 1

      A car is the second largest purchase the average person makes, after a house.
      The reasons these laws came about was that cars were being sold with no link to the state so that when it broke or you had problems the purchasers only recourse was to travel to another state. These laws make sure that there is a local resource to provide the purchaser protection.
      Houses don't matter since they since are other laws that prevent that type of action.
      Since most people don't purchase boats they were probably not a major problem so not enough people complained so the laws never were created.
      Why would it allow dealers to do servicing and other things?Why would it put an artificial control on used vehicles? Both of those don't link with reality.

    3. Re:Where Is The Need? by Anonymous Coward · · Score: 0

      I think requiring in-state presence is a good idea. But requiring the dealership and the manufacturer be separate entities is not.
      That being said this sounds like a dormant commerce clause violation. Unless there is some kind of federal regulation allowing this, rules which favor in-state providers of goods or services are per se illegal under the dormant commerce clause.

    4. Re:Where Is The Need? by geek · · Score: 1

      Tons of variables here. Hard to explain it all and it's different in every state. Where I live I can go and pick out a new truck in 10 minutes then spend 6 hours at the dealership filling out forms and other crap. It's a complex process. The dealership assumes a lot of the responsibility for me, runs a lot of the paperwork with the state and financial institution.

      There also is a presumption (false in most cases) that the dealership may be non partisan in the sales process and work for the customer. If you go to buy a Tesla, they sell only Tesla. Down the road I can hit a dealership that sells Toyota/Lexus and a few others and they should be treated equally and fairly. This is never the case in the real world but its the presumption and original intent.

      Also keep in mind, all of these laws/rules etc were put in place before the internet was a thing. Now you can do a lot of stuff instantly that took a lot more time including registration etc. There is no technical reason why Tesla couldn't sell to everyone now, but 30 years ago it would have been near impossible just because of the complexities stated above.

      Anyway, the only people looked down on more in the US than dealership sales critters are lawyers. I absolutely dread the process of buying a new truck. I'd rather kiss a toilet seat or visit the dentist. If Tesla makes this better and delivers a good product then so be it.

    5. Re:Where Is The Need? by desdinova+216 · · Score: 1

      what about congress?

    6. Re:Where Is The Need? by Aighearach · · Score: 2

      Cars were new, and were replacing horses which had been used on roads for thousands of years.

      They were trying to prevent certain problems that they were worried about at the time, that ended up not being problems. The argument after that was if the problems don't exist because they were not valid concerns, or if it is because of the laws.

      50 years ago that was probably less clear than it is now, since there are so many other places in the world that didn't use our system. It is just the normal progression of rules that happens with societal changes like adopting automobiles.

      There was a time where my State had a law that required automobile owners to leave the roadway and hide their car when passing a horse carriage coming the other way. Nobody in the State owned a car yet, but somebody had visited in one and it scared some horses and made some people mad. It was such an obscure law it stayed on the books until recently; nobody had ever enforced it, so people forgot about it!

  8. Buisness model by stooo · · Score: 1

    In fact it's a case of business model.
    The business model of dealers becomes obsolete once cars need much less service, once they become electric.
    Dealership is good at selling cars with options, and performing warranty maintenance.
    That is not needed for electric cars, Tesla or others.

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    aaaaaaa
    1. Re:Buisness model by stooo · · Score: 1

      Furthermore, protecting obsolete business models is not the role of laws, so yes, at that point it becomes corruption.

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  9. I agree! by FudRucker · · Score: 1

    i think factories should be allowed to sell direct to the public, it could mean saving 2 thousand dollars or more on a car, and considering the cost of new automobiles i refuse to buy a new car anymore, the damn things cost too much, i would rather scour craigslist or those auto-trader magazines for a used car

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    Politics is Treachery, Religion is Brainwashing
  10. Barrier to entry by Camel+Pilot · · Score: 4, Insightful

    Obviously setting up a dealership network is a huge barrier to entry to new innovation and disruptive technologies. This is just a feature of crony capitalism.

    1. Re:Barrier to entry by Anonymous Coward · · Score: 0

      Obviously setting up a dealership network is a huge barrier to entry to new innovation and disruptive technologies. This is just a feature of crony capitalism.

      One of the first cars were electric back 160 years ago. GM tried selling one back in the 90s - they sold a few hundred thousand of them before they stopped. They cars didn't have a decent range and were kind of ugly. It's only been recently that battery technology became good enough for a car to have a reasonable range - thanks to Panasonic.

      So, there is nothing innovative or disruptive about Tesla. It's just that it's time for the electric car. As we see though, it is still a money losing business but in a couple of years the market should be viable - Tesla will be bankrupt before it happens because of Musk's inept management.

    2. Re:Barrier to entry by Anonymous Coward · · Score: 0

      Tesla will be bankrupt before it happens because of Musk's inept management.

      That is doubtful. He's scaling to make billions. He could keep that pony trotting for millennia if he suddenly decided to keep it simple.

    3. Re:Barrier to entry by Anonymous Coward · · Score: 0

      Doubtful, because he keeps getting taxpayer money in the form of government subsidies.

      FTFY

      captcha: NETTED

      Elon netted more taxpayer's money

    4. Re:Barrier to entry by toddestan · · Score: 1

      You must be thinking of the EV1. They only made a few thousand of those, and sold none of them - they were only leased. At the end of the lease, GM famously took all the cars back and crushed virtually all of them. Being from the 90's they initially used lead-acid batteries, and later NiMH, so the range wasn't that great.

      GM also made an electric version of the S10 back in the 1990's. They made less than a 1000 total, and almost all went to fleets. Unlike the EV1, they could actually be purchased so there a handful are still driving around. However, like the EV1 though, the trucks that were leased (which was most of them) were crushed by GM at the end of the lease.

  11. An answer that would help keep the dealers happy by jonwil · · Score: 1

    Why not pass a law that says something along the lines of "manufacturers can only open their own manufacturer shops if that manufacturer has no franchised dealers anywhere in the state". That way Tesla (who has no franchised dealers and no plans to open any) gets to open manufacturer shops but Ford and GM and Toyota and VAG and the others dont get to run factory dealerships since they already have franchised dealerships everywhere.

    Ends the objection of the franchised dealers where they say "if you allow Tesla in, the manufacturers who provide us with cars will open their own dealers as well and put us out of business".

  12. Or: retarded auto maker refuses to find dealers by Anonymous Coward · · Score: 0

    see subject

  13. A nice thought by John+Napkintosh · · Score: 1

    Lobbying - if it's good for the goose, it's good for the gander. Doesn't mean that the big three won't do $ome lobbying of their own, though.

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    Long signatures suck.
  14. Fuck dealerships by Anonymous Coward · · Score: 5, Interesting

    Last time I was in the market for a car the first place must have caught a wiff of "fell off the turnip truck." I test drove one vehicle, didn't really like it. The salesman hands me a document acknowledging I'd seen the carfax report. Right after that with a casual "and can I get you to sign this?" he pushes the bill of sale in front of me with an absurd 20% interest rate. I tore it up, stood up and started to walk out. Apparently the salesman and manager had planned this in advance because the manager approches me as I'm leaving and shakes my hand and saying "congratulations" as I was leaving. Congratulations on walking out of a dealership? I wonder how many people that trick works on. I'll bet it's more than 0.

    The place I did get my car from wanted to charge me *more* for not using financing. They wanted to tack on around $2,500 to the asking price for paying cash. I was like "no" but I've never had to try so hard to get someone to take thousands of dollars from me on the spot. It was totally insane. I didn't have to pay that added price but I had to make a scene to get it.

    In conclusion, fuck the dealerships. Their sole job is to fuck over consumers in new and creative ways just on the bleeding cusp of legal.

    1. Re:Fuck dealerships by bugs2squash · · Score: 1

      I have to wonder how many more cars would sell if it were a pleasant experience to buy one

      --
      Nullius in verba
    2. Re:Fuck dealerships by Anonymous Coward · · Score: 0

      I have to wonder how many more cars would sell if it were a pleasant experience to buy one

      Basically the same number. Hence why dealerships can behave the way they do. Let me put it this way: do you know anyone that has decide to buy a car and then has not due to dealerships being unpleasant? (I do not want to own a car, but this is due to environmental reasons.)

    3. Re:Fuck dealerships by Anonymous Coward · · Score: 0

      Need a new car but think I'll just price-shop from home by emailing the stealerships "give me your lowest OTD price on XYZ vehicle". Not in the mood for games.

    4. Re:Fuck dealerships by Anonymous Coward · · Score: 0

      And then everyone stood up and cheered. And the name of this Anonymous Coward? Albert Einstein.

    5. Re:Fuck dealerships by Anonymous Coward · · Score: 0

      Why the outrage? Do you really expected the seller to reduce his profit? In a business transaction it is both normal and expected that both the buyer and seller will negotiate to their advantage. Note that in buying a car it is the buyer that has the edge since he can always walk away and leave the car with the dealer depreciating away. From the comment you are way to emotional to buy a car rationally.

    6. Re:Fuck dealerships by Anonymous Coward · · Score: 0

      Dealers have the advantage in that their sales team are professional negotiators who do this for a living. The lying car salesman is a stereotype for a reason. Why does there need to be a negotiation at all? Why go through the theatrics of the lies, threats, walking away, coming back, just to get what is perceived to be a fair price? Name your price, don't obfuscate it, and the market will let you know if it's a fair price.

    7. Re:Fuck dealerships by Anonymous Coward · · Score: 0

      Since this dealership protection only exists in the USA, could a US citizen not just make a trip to Canada, buy their car there and drive it home?

      Yeahh, road trip...

    8. Re:Fuck dealerships by Geeky · · Score: 1

      It's because they get commission on the financing. In the UK that can be more than they make from the actual sale, so they'll discount to sell at a loss if you take financing, knowing they'll make it up in commission from the finance company.

      --
      Sigs are so 1990s. No way would I be seen dead with one.
  15. An answer that would make nobody happy by Anonymous Coward · · Score: 0

    Why not pass a law that says something along the lines of "manufacturers can only open their own manufacturer shops if that manufacturer has no franchised dealers anywhere in the state". That way Tesla (who has no franchised dealers and no plans to open any) gets to open manufacturer shops but Ford and GM and Toyota and VAG and the others dont get to run factory dealerships since they already have franchised dealerships everywhere.

    Ends the objection of the franchised dealers where they say "if you allow Tesla in, the manufacturers who provide us with cars will open their own dealers as well and put us out of business".

    yeah that would be a great reason for the car manufacturers to stop shipping cars to dealers so that they go out of business then they can open up their own dealers

    next you will suggest molotov cocktails as an incentive?

    1. Re:An answer that would make nobody happy by jonwil · · Score: 1

      Franchise laws already contain strong protections so manufacturers can't do things like that to force the dealers out of business (GM got hit with this when they axed a bunch of dealers as part of their bankruptcy and were forced to partially reverse the decision after some lawsuits by axed dealers)

  16. Why even bother? by Anonymous Coward · · Score: 0

    Am I missing something? I wonder why Tesla even bothers. Just open up a building and take people for rides where a dealership is illegal. If people like the car they can order online. I guess it's nice to have local service and maybe people like a traditional dealership experience.

  17. Wont save consumers money by Anonymous Coward · · Score: 0

    I work in the industry.

    GM, Ford, etc, selling directly to consumers won't save you money, not a lot, anyway. The markup from OEM to dealer is tiny, except on trucks. For small to midsize models, they have to sell millions. Car dealerships make money on things like financing, protection plans, etc. No one likes car dealerships but if direct sell became the norm tens of thousands of people would lose their jobs, not just in dealerships but in industries that support it. My company employees five thousand people who support dealerships and their software, including me. This is one of the reasons OEMs oppose this, they have a whole industry to look after.

    1. Re:Wont save consumers money by AaronW · · Score: 3, Interesting

      Dealerships make their money with service and financing and parts, not by selling cars. They know many people think they have to go to the dealership for service and milk that for all they can. They also make money selling extras like extended warranties and add-on features.

      In terms of service, Elon Musk stated his goal is for service not to make a profit. This is the exact opposite of dealerships where one of their main revenue sources is service.

      I can give an example of this. I damaged one of the roof panels on my Tesla model S. The roof panel is painted with a clear-coat. The cost for the part was $175. I spoke to a friend of mine who used to work at a Lexus dealership. He told me the same part would have cost many times that amount. The labor to replace it was also fairly reasonable. By comparison, my experience with Toyota with my previous car, a Prius, was far higher.

      For example, shortly after the 3 year/36 month warranty ended (but within the 7 year 100K mile warranty), the HID headlights went out. This was a well-known problem with the Prius. The headlights were not designed to be easily replaceable since HIDs are supposed to last a very long time. Anyway, Toyota wanted $200 per bulb and $140 in labor to replace it. I went online and found the same exact Sylvania bulb for under $50. I ended up going to another dealership to have the work done (having bought my own bulbs) and they replaced it under a "good-will" warranty (which my local dealership did not want to do).

      In another case, after I sold my Prius to my parents, the touchscreen stopped working. This is caused by a known design defect where a solder connection breaks over time. Toyota wanted $5000 for a new touchscreen and $2000 in labor to fix it. I removed the touch screen in under 5 minutes. I found a place online that repairs them with a lifetime guarantee for $400 and had that done then spent under 5 minutes re-installing the touchscreen. $2000 in labor is utterly insane. I basically undid one screw, popped a few panels and undid a couple of bolts and that was it. $5000 for the touchscreen is also insane. It probably cost Toyota no more than $300 to make and probably well under that.

      Another thing the dealership wanted $1800 for the extended warranty. I went online and bought the same factory extended warranty for $1000. Anytime I needed a part, Toyota would charge outrageous amounts of money for it.

      Oh, and Toyota would always try and push a bunch of unnecessary maintenance but give me trouble for known issues that would come up (like a water pump that went bad twice).

      I later got a notice over the headlights that there was a class-action because dealerships were charging people to replace the ballasts when there was nothing wrong with them when the HIDs died (Toyota had a bad batch of bulbs). Many people were charged a lot of money to replace the ballasts which were never the problem.

      My experience with Tesla has been very different. They never pushed me to buy add-on options or extra service. The service costs were also generally reasonable, though some things like tires are cheaper elsewhere (I like Tirerack). This is what the dealerships fear. My car needs service once a year or every 12.5K miles. A Tesla tech told me that the electric motor is lubricated for 12 years. There's no transmission or regular oil changes needed and even the brakes get a lot less use. There is far less to go wrong mechanically. Even the battery will last a very long time. I'm coming up on 5 years 60K miles and haven't noticed any reduction in range. This is not what dealerships want to sell. Hell, Tesla will even honor the warranty if you don't service the vehicle every year.

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      This post is encrypted twice with ROT-13. Documenting or attempting to crack this encryption is illegal.
  18. Actually not as many as you'd think by dfm3 · · Score: 3, Interesting

    Most dealerships, surprisingly, have a willingly captive audience.

    I live in a moderately sized city where "small town" attitude runs rampant, and the prevailing attitude here is that it's one's civic duty to shop locally - even if that means getting screwed over. There's a dealership in a neighboring city that advertises along my commute with billboards to the effect of "drive 50 miles, save thousands" but many locals are reluctant to travel even to the next county.

    So, although it's widely known that most of our local dealerships are extremely shady, the locals don't care. I even once had a salesman, when I said that I had found a better price across the state, reply that why would I drive three hours away instead of supporting a local business... you know what, taking my business elsewhere is exactly what I'm going to do.

    If you're willing to travel, you can actually find some reputable, honest dealerships out there. We use USAA's car buying service to shop for the best price, and some dealerships are surprisingly much more willing to work with you if they know that you're not geographically limited. If I don't like what I'm hearing over the phone, I can hang up and you've lost any chance of a sale. Last time we bought a car, we drove all the way to South Carolina, and saved several thousand dollars. Before that, we drove to Ohio. Each time did cost us a weekend, but we got two decent road trips out of it... and one manager actually walked in after we had closed the sale and handed us an envelope with $300 cash, for travel expenses, to thank us for driving out of state to give them business.

    1. Re:Actually not as many as you'd think by Anonymous Coward · · Score: 0

      Not American, but the last time I bought a car, I flew 2000Km interstate to buy it, took a 3 week holiday, and then drove it home 4000km - and the entire car + trip was still cheaper than buying it locally would have been. I'd buy local if the margin was 10%-15% - but this would've been over 30% - screw that noise.

    2. Re:Actually not as many as you'd think by JudgeFurious · · Score: 1

      When I bought my 2006 GTO I did something I'd never tried before. I simply went online and looked for all the Pontiac dealers in Texas and Louisiana. This was early 2007 and the model had been discontinued but a bunch of Pontiac dealers still had a some on the lot. It was a great car but it just didn't sell well. I got my list together with all their email addresses for their internet sales departments and sent them all an email saying I was looking for a 2006 GTO. I didn't care what color it was and I already had my financing in line but I wanted it for 20% off sticker (Basically a $32K car at the time for about $25.5). If anyone wanted to move a car please respond. First come gets my money. I got a bunch of responses from people who said nobody would make that deal. Kind of silly, it's not that amazing a deal really. I wasn't trying to steal one. I expected them to make money on it. I just didn't want to get ripped off. Many of them fell into the "These are the last GTO's EVER and we're getting 15% above sticker!" category (Bullshit of course, if so why did they still have them three months into the next year) but sure enough I found two dealers who were like "Sure, we'll make that deal". Drove halfway across Texas, signed the paperwork which was remarkable free of extraneous thievery and went home with my car. It just worked out really well. Since then I always do that when I need a car.

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      Appended to the end of comments you post. 120 chars.
  19. Break up the big bad corporations by raymorris · · Score: 1

    To make long story short, in the 1930s some people wanted to break up the car companies, saying the same company couldn't both manufacture cars and own the dealerships.

    You can imagine if Microsoft in 1998 made not just the OS, but also the PCs and owned the stores that sold them. Some people would want a new law saying Microsoft couldn't own the stores too. The thing is, laws ALWAYS have unintended consequences.

  20. Big bad corporations by raymorris · · Score: 1

    In the 1930s some people wanted to break up the car companies, saying the same company couldn't both manufacture cars and own the dealerships.

    You can imagine if Microsoft in 1998 made not just the OS, but also the PCs and owned the stores that sold them. Some people would want a new law saying Microsoft couldn't own the stores too. The thing is, laws ALWAYS have unintended consequences.

  21. Why not just play by the rules by Anonymous Coward · · Score: 0

    Just not sure why Tesla feels the need to challenge. Wouldn't it sell more cars just by playing by the rules? I do think Tesla's business model is simply not sustainable. As others have said, dealerships don't make a lot selling new cars. They do on service and on selling used cars. Since Tesla doesn't embrace this model very well. It has suffered in finding a way to make money. Oh and in most states you can buy a car without going to a dealer except to pick it up. Most dealership regulations by the state help make sure dealers are following proper business practices.

    1. Re:Why not just play by the rules by Anonymous Coward · · Score: 0

      Tesla is not in the car market. They are in the energy market.
      Apple isn't in the phone market. They are in the information market.
      The device used is a thing to be marketed and upgraded as often as the market will suffer.

      I think Musk is in the "I want to go to Mars" market and these companies are just stepping stones to meet those ends.