I don't know....I went ahead and entered the "binding agreement" with Fisker this AM. Per the fine print, our agreement is binding---but if I default their sole remedy is keeping my $250 deposit (i.e no specific performance). Whether this arrangement is what the Act (and the IRC) contemplates as a "binding agreement" only time will tell---but it only costs me 250 to find out, and I'd probably roll the dice to the tune $1000 with Lucid in the same way.
Frankly, I doubt it will work. But if there exists already a clear tax court case or Rev Ruling saying it doesn't work, I also doubt Fisker's law firm would advise them to suggest a sham solution (maybe wishful thinking here).
Anyway--anyone filing a 2023 return with >300k income AND claiming the 7500 credit is probably begging to get audited!