Elon Musk Can’t Sell His Teslas in Texas (New at Reason)

“It makes no sense that an American manufactured vehicle would be so challenging to get,” says Tesla owner Matt Holm. “You have to jump through so many hoops.”

When Elon Musk launched the first Tesla sports car in 2008, he didn’t just set out to create a mass market for electric vehicles; Musk wanted to disrupt the entire auto industry by cutting out the dealership middleman and selling his cars directly to consumers.

Tesla’s sales approach has resonated with customers who want a more interactive car buying experience. Holm, a realtor based in Austin, Texas is one of those Tesla converts. He spends a lot of time on the road driving clients in his Model S. He loves the fact that his vehicle doesn’t need much maintenance and can be charged overnight in his garage.

But when Matt went to purchase his Tesla, he couldn’t just walk into a store and buy one.

“I actually had to go online, configure it, and order it sight unseen,” says Holm. “It was like I was a spy or something getting some James-Bond car delivered.”

Unlike the big car companies, Tesla doesn’t have a network of independent dealerships that sell its cars. The company runs its own showrooms, but in Texas—along with Connecticut, Michigan, Louisiana, Utah, and West Virginia—the government makes it illegal to walk into a Tesla store and buy a car.

Tesla employees at these showrooms aren’t even allowed to give pricing information or to direct customers to the company’s website. Test drives require a special permit from the Texas Department of Motor Vehicles.

Almost every state has some sort of restriction on directly purchasing cars from manufacturers. The purpose of these franchise laws, which date to the 1930s, is to prevent car buyers from cutting out the middlemen—a big political constituency. The Lone Star State has nearly 1,300 franchised car dealerships employing about 100,000 people.

The National Auto Dealers Association (NADA) has repeatedly argued that the current system of franchised dealers is necessary to protect consumers and ensure fair competition. In a speech before the Automotive Press Association last October, NADA chairman Jeff Carlson stated that consumers preferred the dealership sales model and that dealership networks were “the best, most efficient, and most pro-consumer way of selling new cars and trucks.”

But if car buyers really preferred going through third-party dealers, why do they need government protection?

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