On Oct 2, 2014, at 10:20 AM, Lee Hart via EV <[email protected]> wrote:

> But, the whole point of transferring a title is to officially change 
> ownership. It it mighty hard to get any kind of damages from an original 
> owner unless one can show that there was fraud or misrepresentation.

And, in this case, in which Tesla can, at its own whim, disable or even destroy 
the vehicle with no input nor recourse from the purported owner, it's very 
arguable that there is, in fact, both misrepresentation and a failure to 
properly transfer full possession. When you buy an house, yes, you get it 
re-keyed right away...but, if the original owner fails to give you all the keys 
and then uses one to gain illicit access, the fecal matter is going to hit the 
impeller with full force.

Tesla should separate their post-sale services from the sale of the vehicle 
itself, ideally with an hardware switch of some kind. There are, of course, 
theft and similar security concerns, but it still should be possible for the 
legitimate owner to make it physically impossible for Tesla or anybody else to 
modify the vehicle, and for the vehicle to remain at least as functional as it 
did when it left the dealer's lot.

And, if they're smart, they'll charge a nominal fee for the regular 
over-the-air update service, just to underscore the point, even if they offer 
discounts and rebates and the like such that nobody actually pays a dime.

However, I predict it'll take a lawsuit and / or some bad PR or the like to get 
them to fix this literally fatal-to-the-car flaw in their product...and that's 
assuming they don't double down and buy a bunch of lawmakers in the mean time, 
which would be _really_ bad for the rest of us....

b&
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