That's the theory anyway. Sort of like the Supreme Court being bound by the Constitution. But we all know it doesn't work the way it was intended to. Popular opinion finds it's way into the decision with little or no legal justification.
-
Welcome to Elio Owners! Join today, registration is easy!
You can register using your Google, Facebook, or Twitter account, just click here.
I've Been Talking To Elio And
- Thread starter Coss
- Start date
Tre'
Elio Addict
- Joined
- Sep 13, 2014
- Messages
- 105
- Reaction score
- 153
I went $1K 'all in'. That means I am NOT getting my money back. I have lost more money than that on other things over the years. This one still has a chance, however small it is. Complaining and being frustrated is fine, but it won't change anything. Either it will work out, or it won't.
Might as well hang around and see what happens since your money is gone at this point. All the nails are not in the coffin yet! Kick back, relax and hang out on the site. Or just check in once in a while.
Might as well hang around and see what happens since your money is gone at this point. All the nails are not in the coffin yet! Kick back, relax and hang out on the site. Or just check in once in a while.
Made in USA
Elio Addict
The law is an interesting thing. If enough people protested the Elio lawsuit, it would make the people who filed the lawsuit look bad. If public opinion looked like it might hurt the re-elections of those people, the lawsuit might be dropped. The judge might not even have to hear the case. If Elio wins the lawsuit (and they should), it might work to their advantage. Lot of if's, but we soon find out.
Elio Amazed
Elio Addict
- Joined
- Jun 30, 2014
- Messages
- 3,507
- Reaction score
- 4,630
The ten Louisiana Motor Vehicle Commissioners are appointed, not elected, so I don't think they'll care much.
http://lumvc.louisiana.gov/?page_id=5
Last edited:
RSchneider
Elio Addict
Here's what Elio is charged with:
1. An investigation by the Commission revealed that Elio Motors, Inc. fabricates, manufactures, and/or assembles motor vehicles, and as such Elio Motors, Inc. is a manufacturer as defined in LSA-R.S. 32:1252(24).
This is a BS accusation, so an easy win for Elio.
2. An investigation by the Commission revealed that Elio Motors, Inc. accepted deposits from consumers for the sale of motor vehicles. By doing so, Elio Motors,Inc. is a manufacturer selling or offering to sell motor vehicles directly to a consumer.
This is another easy one for Elio. Because in their defense:
This Agreement does not constitute an agreement for sale of a vehicle and does not lock in pricing, a production slot or an estimated delivery date. You are under no obligation to purchase a vehicle from us, and we are under no obligation to supply you with a vehicle. If and when we notify you of the vehicle and you wish to proceed with the purchase, such a sale and purchase will be governed by a separate and legally binding Purchase Agreement between you and us or between you and another authorized dealer.
and
Base vehicle and/or option pricing may not be available at the time of your reservation and, if pricing is available, its subject to change until agreed upon in an executed Purchase Agreement.
and
If you do not wish to enter into a Purchase Agreement at the time you are contacted by Elio, you have the option to relinquish your reservation sequence position.
As you can see. People bought a reservation number and the amount they paid will be used as a deposit. So, Elio does not owe anyone anything. If they start making them and your number comes up but only the top of the line with an automatic in white is only available, you have a choice, take it or wait. You could be #500 but might have to wait until #50K for yours to come up. Think of it like with the Tesla Model 3. Only the extended version is out and the cheaper ones will be later down the road even if they made reservations earlier.
This is good because it shows that people only paid for a spot in line and nothing more. Tesla took reservations in Louisiana, so they should be under the same rule as Elio. You can't get your Tesla in that state and the same thing will apply to Elio. I don't really see where the commission can really apply the law to Elio but nobody else. Plus, if you look up under the department of corporations, Tesla is listed just like Elio. Hopefully Elio can bring up this point because it's pretty obvious that Tesla had to of taken a reservation in that state and probably more than Elio has.
Tesla Motors Louisiana:
https://coraweb.sos.la.gov/Commerci...archDetails.aspx?CharterID=1053897_31AB09547B
Court Document:
http://ksla.images.worldnow.com/library/980149a1-aa59-46a5-a49d-c6b61d7d0a5e.pdf
1. An investigation by the Commission revealed that Elio Motors, Inc. fabricates, manufactures, and/or assembles motor vehicles, and as such Elio Motors, Inc. is a manufacturer as defined in LSA-R.S. 32:1252(24).
This is a BS accusation, so an easy win for Elio.
2. An investigation by the Commission revealed that Elio Motors, Inc. accepted deposits from consumers for the sale of motor vehicles. By doing so, Elio Motors,Inc. is a manufacturer selling or offering to sell motor vehicles directly to a consumer.
This is another easy one for Elio. Because in their defense:
This Agreement does not constitute an agreement for sale of a vehicle and does not lock in pricing, a production slot or an estimated delivery date. You are under no obligation to purchase a vehicle from us, and we are under no obligation to supply you with a vehicle. If and when we notify you of the vehicle and you wish to proceed with the purchase, such a sale and purchase will be governed by a separate and legally binding Purchase Agreement between you and us or between you and another authorized dealer.
and
Base vehicle and/or option pricing may not be available at the time of your reservation and, if pricing is available, its subject to change until agreed upon in an executed Purchase Agreement.
and
If you do not wish to enter into a Purchase Agreement at the time you are contacted by Elio, you have the option to relinquish your reservation sequence position.
As you can see. People bought a reservation number and the amount they paid will be used as a deposit. So, Elio does not owe anyone anything. If they start making them and your number comes up but only the top of the line with an automatic in white is only available, you have a choice, take it or wait. You could be #500 but might have to wait until #50K for yours to come up. Think of it like with the Tesla Model 3. Only the extended version is out and the cheaper ones will be later down the road even if they made reservations earlier.
This is good because it shows that people only paid for a spot in line and nothing more. Tesla took reservations in Louisiana, so they should be under the same rule as Elio. You can't get your Tesla in that state and the same thing will apply to Elio. I don't really see where the commission can really apply the law to Elio but nobody else. Plus, if you look up under the department of corporations, Tesla is listed just like Elio. Hopefully Elio can bring up this point because it's pretty obvious that Tesla had to of taken a reservation in that state and probably more than Elio has.
Tesla Motors Louisiana:
https://coraweb.sos.la.gov/Commerci...archDetails.aspx?CharterID=1053897_31AB09547B
Court Document:
http://ksla.images.worldnow.com/library/980149a1-aa59-46a5-a49d-c6b61d7d0a5e.pdf
Watashiwah
Elio Addict
Interesting perspective, I agree with you about this argument as it relates to the Louisiana Commission but it opens a huge can of worms contractually, IMHO.
If what you say is compelling enough for LA, then is a "spot in line' consideration for a contract if there is never a product? I think it is not sufficient 'consideration,' therefore all the agreements are null and void.
You can't have it both ways, its a sword that cuts twice.
RUCRAYZE
Elio Addict
reaching into the memory banks, I think the plan was everyone did have the car built for them. I remember the plan was to contact you ahead, finalize the unit, and to finalize payment, and a few weeks-month later your autocycle would be "delivered"
wizard of ahs
Elio Addict
Exactly...those of us that "locked in" did in fact enter into a contract to purchase a vehicle.
RUCRAYZE
Elio Addict
When I came in it was $6800, with a 1k incentive +, I know there are folks with incentives above the 1k. (And going in I new exactly the risks), first time I saw it thought 20k, and amazed at the low price. I wish us all good luck and hope we each get one (or in my case 3- 1 all-in, 1 want in@1k, and one $100 want in) gives me flexibility, my plan was to sell the first at a premium, and help offset the purchase of the others. If no market, I get my 1,100.00 refunded and have the #7013.