Elon Musk Says Tesla-Hertz Deal Has No Contract

Matt Posky
by Matt Posky

Tesla shares took a dip on Tuesday after Tesla CEO Elon Musk tweeted that its deal to provide Hertz with 100,000 electric vehicles had not been ratified with the signing of a contract. While this normally means the deal had not been finalized, the language used by Musk almost makes it sound like whatever Hertz had been claiming previously didn’t even matter.

“You’re welcome! If any of this is based on Hertz, I’d like to emphasize that no contract has been signed yet,” the CEO said in reference to Tesla’s share price pitching upwards by over 8 percent. “Tesla has far more demand than production, therefore we will only sell cars to Hertz for the same margin as to consumers. Hertz deal has zero effect on our economics.”

Meanwhile, Hertz stated that its plan to purchase 100,000 Tesla Model 3s by the end of 2022 was still on. Most had presumed the rental agency had entered into an agreement to buy the vehicles at feet discount. But there were no official details pertaining to the deal’s finances released at the time of the original announcement.

Interim Hertz CEO Mark Fields has said that Tesla products are already arriving at locations around the country. The company is obviously committed to buying up EVs as a way to pad out its fleet after selling off more cars than normal during a trying 2020 that included Hertz filing for Chapter 11 bankruptcy. As a byproduct, it also gets social brownie points by pretending that buying a bunch of zero-emission vehicles means its actively saving the environment while helping to spur on the electric revolution. This may likewise help future proof its fleet from governments interested in applying incentives to companies prioritizing EVs and punishing those that retain internal combustion.

Tesla’s goals are a little harder to pin down. Musks’ chatter kind of jeopardizes what Hertz is trying to do by making it seem as though there never was a deal in the first place. If no contract was signed, maybe there never was any agreement and Hertz is simply trying to capture some of Tesla’s buzz while putting it in a position where it felt obligated to offer a bulk discount. One could even argue it would have been in the automaker’s best interest to play along so it could ride the wave on the stock market.

But the deal would have been worth a few billion and it arguably harms Hertz more to abandon the plan than Tesla. The automaker has repeatedly stated that it wants to raise capacity to it can cope with demand, so there’s not much reason for it to pursue fleet sales at this juncture. Our best guess is that Elon was publicly trying to negotiate a better deal with Hertz prior to the contract being finalized or simply called the rental agency’s bluff about an agreement that never officially existed. The only other avenue to go down with this is Musk attempting to game the market by depositing a bit of news that would momentarily spike its previous gains into the dirt.

Listen, it would be wrong to outright say that Elon Musk has figured out how to use his status and platform to manipulate the market. But I would be a moron to not heavily imply that was the case after watching how his often-unnecessary comments impact the valuation of stocks and crypto currencies. Then again, perhaps I’ve found myself entertaining ridiculous theories and it only seems like the richest person on the planet’s skillset includes influencing finances on a macro level.

Regardless, it’s impossible to say whether or not that’s what happened here. Tesla’s stock price resumed an upward trajectory after taking a nearly 2-percent dip early on Tuesday, immediately after Elon Musk’s statements on twitter gained traction in the media. Assuming he was looking to move the market, this represents one of his lesser showings. Hertz shares also dipped slightly. But the company’s valuation is still riding high after last week’s announcement that it would be buying up 100,000 EVs.

[Image: Hertz]

Matt Posky
Matt Posky

Consumer advocate tracking industry trends and regulations. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied, he pivoted to writing about cars. Since then, he has become an ardent supporter of the right-to-repair movement, been interviewed about the automotive sector by national broadcasts, participated in a few amateur rallying events, and driven more rental cars than anyone ever should. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and learned to drive by twelve. A contrarian, Matt claims to prefer understeer and motorcycles.

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  • Speedlaw Speedlaw on Nov 03, 2021

    First year law school: An agreement to agree is NOT a contract, just happy talk over drinks. Also, a co-signer is a schumuck with a pen.

  • Islander800 Islander800 on Nov 03, 2021

    This smart ass should just keep his big yap shut - unless he's gunning for another hefty fine from the SEC. I'm sure his lawyers have advised him to watch his mouth but he's likely told them to bugger off since he's so much brighter than they are...

    • Dal20402 Dal20402 on Nov 03, 2021

      As a lawyer who occasionally represents very wealthy clients, I can tell you that they don't want to hear "no" from us, they just want an assessment of risks. Sometimes they are told "that's risky" and they do it anyway.

  • Theflyersfan After the first hard frost or freeze - if the 10 day forecast looks like winter is coming - that's when the winter tires go on. You can call me a convert to the summer performance tire and winter tire car owner. I like the feel of the tires that are meant to be used in that season, and winter tires make all of the difference in snowy conditions. Plus, how many crazy expensive Porsches and Land Rovers do we see crashed out after the first snow because there's a chance that the owner still kept their summer tires on. "But...but...but I have all wheel drive!!!" Yes, so all four tires that now have zero grip can move in unison together.
  • Theflyersfan One thing the human brain can do very well (at least hopefully in most drivers) is quickly react to sudden changes in situations around them. Our eyes and brains can quickly detect another driving dangerously, a construction zone that popped up while we were at work, dense fog out of nowhere, conflicting lines and signs on some highways, kids darting out between cars, etc. All of this self driving tech has shown us that it is maybe 80% of the way there, but it's that last 20% that still scares the crap out of us. Self driving computers can have multiple cameras feeding the system constant information, but can it react in time or can it work through conflicting data - think of construction zones with lines everywhere, orange signs with new exit information by the existing green exit sign, etc. Plus, and I think it's just GM's test mules, some systems require preexisting "knowledge" of the routes taken and that's putting a lot of faith in a system that needs to be updated in real time. I think in the next 15-20 years, we'll have a basic system that can self drive along interstates and highways, but city streets and neighborhoods - the "last mile" - will still be self drive. Right now, I'd be happy with a system that can safely navigate the slog of rush hour and not require human input (tapping the wheel for example) to keep the system active.
  • Kcflyer night and day difference. Good winter tires save lives or at least body work. And they are free. Spend a few hundred on spare wheels on tire rack. Mount the winter tires on them. They replace your regular tires and save a commensurate amount of wear. Thus, over the life of the vehicle the only added expense is the extra wheels. I can usually find a set of used wheels for less than 400 bucks all in on craigslist or marketplace. Then swap the wheels yourself twice a year. TPMS has added a wrinkle. Honda has the best system that requires little or no expense. Toyota/Lexus has a stupid system that requires a shop visit to program every stinking time. Ugh (worth it over a honda since your valves don't need to be cleaned every 60000 miles)
  • Bruce Purchased (in 2024) a 1989 Camero RS. I wasn't looking for one but I picked it up for 1500. I wanted to only pay 800 but the fellow I bought it from had a real nice family and I could tell they loved each other. They needed the money and I had to give it to him. I felt my heart grow like the Grinch. Yes it has the little 2.8. But the write up does not represent this car. It has never been messed with, all original, a real time machine. I was very fond of these 3rd gen Cameros. It was very oxidized but straight, interior was dirty but all there. I just retired and I parked in my shop and looked at it for 5 months. I couldn't decide how to approach it now That I can afford to make of it what ever I want. Resto mod? Engine swap? No reason to expect any finacial return. Finally I started just doing little things. Buffed and polished the paint. Tune up, Fluids. I am still working it and have found a lot of joy in just restoring what I have just the way I found it just fixed and cleaned up. It's just a cool looking cruiser, fun to drive, fun to figure out. It is what it is. I am keeping it and the author of this critical write up completely misses the point. Mabey the point is what I make it. Nothing more and nothing less.
  • George Now that the Spark And Pretty Soon Gone is the Mirage I really wonder how are you going to get A low rental price when getting a loaner car for the week or more? Cars that are big as spark usually cost 5 to 10 dollars a day for use in a week rental agreement.Where as a SUV like a Equinox or a Rogue Midsize SUV would cost about 20 to 30 dollars for the same length of time of lease and since you’re getting more space leasing is going to be very expensive.
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