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He'll either lobby Congress for legislation or file a federal lawsuit

Tesla CEO Elon Musk is determined to win the fight against auto dealers and sell his company's vehicles directly to customers, but if he doesn't succeed at the state level, he's willing to make it a federal case. 

"If we're seeing nonstop battles at the state level, rather than fight 20 different state battles, I'd rather fight one federal battle," said Musk.

According to Musk, he will likely take one of two approaches if it comes down to a federal matter. He will either lobby Congress to pass legislation for the direct sales of EVs made by startup companies like Tesla (and tie it to an energy or transportation bill) or file a federal lawsuit to fight the state restrictions as unconstitutional violations of interstate commerce.

However, The National Automobile Dealers Association (NADA) said it will continue to defend franchise and consumer laws in the states.

"NADA will vigorously defend the franchise system," said David Westcott, chairman of the National Automobile Dealers Association. "A better option for Mr. Musk is to take advantage of the dealer network that already exists."

Musk has been pushing support for a recent bill in Texas, called House Bill 3351. This would allow distributors and manufacturers of electric vehicles (EVs) only to sell directly to customers without the use of dealerships. 

He has gone as far as offering to build a second manufacturing plant in Texas, and is even trying to appeal to Texas consumers by discussing a design for an electric pickup truck that would be stronger than any current gasoline truck.

In addition to Texas, Musk has had issues persuading other U.S. states to allow the auto startup to sell its cars directly. Some of its problem states include Colorado, Massachusetts, Minnesota, New York and Virginia. 

Musk could have a huge fight ahead, though. NADA said that 48 states have some sort of restricition on factory-owned dealerships. Musk went on to say that about 20 of those have restrictions that would make his business model difficult while about six others have restrictions that would make it extremely difficult. 

Musk has called the new Texas bill (and this overall business model of selling directly) a "life or death" situation for startups like Tesla. 

“For us this is life or death,” said Musk. “If we can’t go direct we will not be able to sell cars.”

In the past, Musk has said that he's open to a dealership model at some point when sales increase, since dealerships do promote competition and keep prices down. But at a startup level, he said this type of model isn't the best route. 

Tesla currently sells about 10,000 cars in North America, where about 1,500-2,000 are sold in Texas. 

Tesla is shipping over 500 Model S EVs weekly, and recently reported that the company is now profitable thanks to the Model S exceeding sales targets. Tesla Model S sales reached 4,750, which topped the sales outlook of 4,500 posted in the February shareholder letter.
In addition, the automaker is partnering with Wells Fargo and U.S. Bank to offer customers more financing options for Tesla’s vehicles. 

Source: Automotive News

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By bug77 on 4/16/2013 1:32:46 PM , Rating: 3
A better option for Mr. Musk is to take advantage of the dealer network that already exists.

Does Mr. Musk strike anyone as a person that takes traveled routes?

RE: Smart
By Shig on 4/16/2013 5:09:09 PM , Rating: 5
I've learned not to doubt this man. His track record is flawless and he's only the 2nd man in history to have 3 companies that were all 1 billion+ in valuation. (Solar City, SpaceX, Tesla Motors).

If you didn't notice, the synergy between Solar City and Tesla Motors is the next paradigm shift in energy, if you can't see it or can't accept it, open your eyes and stop reading biased media.

RE: Smart
By titanmiller on 4/16/2013 9:12:01 PM , Rating: 2
Who is the other?

RE: Smart
By Shig on 4/16/2013 9:34:01 PM , Rating: 3
James H. Clark

That's for having *founded* 3 different 1B+ companies.

I was mistaken on one of the companies. Musk wasn't involved in the direct founding of SolarCity, but he is the primary share holder and sits on the board. The other company is Paypal. Paypal, Tesla Motors, SpaceX.

Clark and Musk also had other ventures for hundreds of millions.

RE: Smart
By m51 on 4/17/2013 6:07:37 PM , Rating: 2
He was offered Founder status for Solar City but declined it because he felt that he had not contributed as much as others.

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