Fisker Ocean reservation transfer

Posted by: @electric2385

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Hello.. Anyone interested to take over my Fisker Ocean One reservation?

This is not allowed per the Reservation Terms. Out of curiosity, what country do you live in and is your build locked? If not, when does it lock? What configuration have you selected?

13. A reservation is not transferable or assignable to another party.

https://www.fiskerinc.com/legal/reservation-terms

I wonder if Fisker is going to enforce it. As they have nothing to gain by doing that except alienating fans/customers and bad press. Sale is a sale...

There is also a “protecting the brand” aspect to preventing these transfers/flips/resales.

Fisker can’t control bad publicity that can arise when one of these deals goes south and the aggrieved party decides to create a social media storm.

To the average person, any mention of Fisker, be it from the actual company, a reputable magazine, a blog or just some joe schmoe on twitter, all carry the same weight and bad impressions last.

i dont have a problem with the policy as is because I AGREED to it when i paid my $5250. 

Posted by: @seaphil

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i dont have a problem with the policy as is because I AGREED to it when i paid my $5250. 

HEAR! HEAR!🍻

Posted by: @seaphil

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i dont have a problem with the policy as is because I AGREED to it when i paid my $5250. 

Yeah, like I agreed on a lot of terms in employment contract during the years. But that didn't stop me from working to change the terms I found unreasonable. There is an asymmetry where a professional party states the terms towards a non-professional party. This asymmetry is usually compensated by laws and regulations. You can't put terms in employment contracts that violates employment law, the same way you can not put in terms in contracts that violates consumer laws when you take payment (the One terms are rife with violations and contradictions between the general terms and the terms added to match local law). 

On asymmetry we are seeing now is that Fisker stated a lot about deliveries i November just before taking the deposit. But when circumstance change for Fisker they can delay the deliveries by 6 months and there is nothing we can do about it. Well, circumstances changes for their customers as well, but their hands are tied until Sept. 30 2023. In decency Fisker should pay some of that "trust & faith" on their customers as well. 

Posted by: @dusty

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Posted by: @seaphil

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i dont have a problem with the policy as is because I AGREED to it when i paid my $5250. 

Yeah, like I agreed on a lot of terms in employment contract during the years. But that didn't stop me from working to change the terms I found unreasonable. There is an asymmetry where a professional party states the terms towards a non-professional party. This asymmetry is usually compensated by laws and regulations. You can't put terms in employment contracts that violates employment law, the same way you can not put in terms in contracts that violates consumer laws when you take payment (the One terms are rife with violations and contradictions between the general terms and the terms added to match local law). 

On asymmetry we are seeing now is that Fisker stated a lot about deliveries i November just before taking the deposit. But when circumstance change for Fisker they can delay the deliveries by 6 months and there is nothing we can do about it. Well, circumstances changes for their customers as well, but their hands are tied until Sept. 30 2023. In decency Fisker should pay some of that "trust & faith" on their customers as well. 

 

 

Someone who actually understands, people who put down the deposits, did so based on information given to them and had certain expectations.  Companies shouldn't be able to blindly take money, offer no compensation when goals are missed and expect the client base to sit by and say oh well (well some of you do).  I feel the only way for Fisker to wake up and get their act together is a class action suit at this point.  I put my deposit down because I was told SOP November, cars starting delivery in December, features available but some may be updated after delivery.  I was fine with THIS, not fine with the lies and all the uncertainty of when the cars will actually be produced for the 5000 holders and when will delivery actually take place.  Since they missed the 2022 delivery point, they haven't said a single thing about when cars will start delivery, so it seems they have learned something.  I do feel that they have breached their contract and if people want to a refund at this point it should be given to them with an apology in regards to the communication failure.
The people of the forum some are still excited, some are frustrated and some like me go back and forth between the two but the people who have no idea, non forum members, when the Ocean finally hits the street will have a completely different idea and feeling about the Ocean and I already envy those people that didn't go thru all this drama.

@mymopar I am assuming you opted out of the "Dispute Resolution and Class Action Waiver Section"?  Other than posting on forums, what steps have you taken for your dispute resolution?  Or do you plan on skipping right to a frivolous class action suit? 

As far as delivery promises, Fisker stated they will "endeavor to conclude deliveries of all Fisker Ocean Ones by September 30, 2023."  They still have 6½ months before that end date and "endeavor" is a far cry from guaranteeing deliveries.  They have constantly stated that deliveries will start after they receive homologation so not sure why you state "they haven't said a single thing about when cars will start delivery."  They were over-optimistic on when they were getting homologation but this is not in their control.

@matezz I was under the impression that we only agreed to not flip/transfer the reservation.  Once the vehicle is delivered, it is no longer a reservation and they have no control over what is done with the vehicle.  Of course they can "enforce" the reservation terms because they control everything about the sale, i.e. delivery, title registration etc..  They have all of our information now and will certainly notice if John Smith from California becomes Walter White from Albuquerque when it comes time to deliver the vehicle.

Walter White would never leave a trail….

@ttrinchi I understand what you are saying, but how is it they were over optimistic?  Homologation on average takes 3 months, knowing this why would they even state deliveries will happen in December of 2022 if they didn't even start homologation until November 2022.  This is where I feel all the lies and misrepresenting the truth started.  Why not state "11/17 is the start of homologation, after which once approved the One deliveries can begin"?  

That statement right there would have eliminated so much consumer frustration, disappointment and resentment in a company and could have built so much faith in the brand.  Am I the fool for believing in the words and promises of the owner of a company?  

And I have reached out about ways to refund my non refundable deposit.  I'd rather just get the money back than go ahead and go thru with the purchase, pay taxes on it and then resell it but I'm prepared to so I guess it doesn't matter.  Just thought the fact that people demand better from the company by asking for their deposit back would actually make them clean up their act more as far as communication goes.  Who knows, maybe it will be just as good as I once dreamed it would be.

Posted by: @mymopar

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@ttrinchi I understand what you are saying, but how is it they were over optimistic?  Homologation on average takes 3 months, knowing this why would they even state deliveries will happen in December of 2022 if they didn't even start homologation until November 2022.  This is where I feel all the lies and misrepresenting the truth started.  Why not state "11/17 is the start of homologation, after which once approved the One deliveries can begin"?  

That statement right there would have eliminated so much consumer frustration, disappointment and resentment in a company and could have built so much faith in the brand.  Am I the fool for believing in the words and promises of the owner of a company?  

Posted by: @ttrinchi

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@mymopar I am assuming you opted out of the "Dispute Resolution and Class Action Waiver Section"?  Other than posting on forums, what steps have you taken for your dispute resolution?  Or do you plan on skipping right to a frivolous class action suit? 

As far as delivery promises, Fisker stated they will "endeavor to conclude deliveries of all Fisker Ocean Ones by September 30, 2023."  They still have 6½ months before that end date and "endeavor" is a far cry from guaranteeing deliveries.  They have constantly stated that deliveries will start after they receive homologation so not sure why you state "they haven't said a single thing about when cars will start delivery."  They were over-optimistic on when they were getting homologation but this is not in their control.

I agree with everything you have written here except: "They were over-optimistic on when they were getting homologation but this is not in their control." There are aspects of the homologation process that are out of an OEMs control but getting the vehicle properly prepared and the paperwork and testing lined up is in their control. Everything here points to a stumble by the engineering team on some key issues that are causing delays. (No idea what issues, but it sure smells like they had a system fail to meet the requirements and are trying to do a re-work and re-test. I would be betting on something software related since most of the critical components and hardware systems are reused from somewhere else.)

I have a rule in my company: never, ever send a product for testing to a third party lab unless we already know what the report will say before we send. IOW, test internally first. Or test with an unofficial lab if we do not have the equipment. Never allow yourself to be surprised by the official testing lab. 

@bayoubob like what a lawyer learns first year of law school- never ask a question in court you don’t already know the answer to.

@dusty Good reasoning!!! Thanks.