It's legal and commonplace to pay someone to build a house for you, and even to pay them before the house has been finished building.
So the question for Tesla is, do they make it clear that what they're selling is a promise to build a self-driving system for the car later, and not a self-driving car now?
I think there's a pretty good argument that some of their advertising is misleading. But I don't think it's as ridiculous as some people here make it seem. I just checked, and they make it pretty clear before purchasing:
> The currently enabled features require active driver supervision and do not make the vehicle autonomous.
I mean, come on.
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