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joe(at)kfiz.com
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 Posted: Tue May 01, 2007 8:26 pm Post subject: Selling an Experimental |
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Dave,
No matter how iron tight you have a resale agreement, they can still drag
you into court and make your life miserable! I would love to know just how
many homebuilt litigation problems ever make it to court. I know of a lot of
friends that buy and sell homebuilts and factory builts and I have not
personally seen any problems after the sale, but I'm sure there have been
cases! I used this agreement when I sold a homebuilt a few years ago. It was
written by a lawyer and I'm sure you may be able to pull out a few sentences
and make your own.
THIS AGREEMENT AND BILL OF SALE made and entered into this _______ day of
March, 2000 at the Buyers residence in Oshkosh, Wisconsin by and between
*********(seller), and
_________________________________________________________ (Buyer), an adult
residing at
For and in consideration of $00000 dollars, receipt of which is
acknowledged, seller does hereby sell and transfer unto Buyer, all Sellers
right, title, and interest in the aircraft parts thereof, as registered with
the Federal Aviation Administration, ******, model *******, together with
such log books and other records in his possession, relating to said
aircraft, disclaiming any liability for the completeness or the accuracy of
any such logs or records. Said aircraft is without engine and the wings have
been removed. The aircraft is not airworthy. To the best of Sellers
knowledge, said aircraft is not subject to any security interest or other
encumbrances.
Buyer acknowledges that he is buying a homebuilt aircraft and that
Buyer has inspected the aircraft, or has caused the same to be inspected,
and accepts same in its present as is, where is condition. Buyer shall be
responsible for the removal of the aircraft from seller's premises.
Buyer acknowledges that Seller is the registered owner, and Seller
makes absolutely no representations, promises, statements, or warranties,
expressed or implied, with respect to the registration, fitness of the
aircraft, or any other condition whatsoever, and Seller shall not be liable
to the buyer for any loss, claim, demand, liability, cost, damage, or
expense of any kind caused by or alleged to be caused, directly or
indirectly, or arising out of Buyers possession or use of the aircraft or
the transportation thereof, or any inadequacy or any defect in such
aircraft, or any damage, whatsoever or howsoever caused, and Buyer agrees to
indemnify and hold the seller harmless from and against any and all such
losses, claims, demands, liabilities, from the sale, use, or transportation
of said Aircraft.
It is further agreed that Buyer shall be responsible for the
registration (including fees) of said aircraft as required by the Federal
Aviation Administration, and by the State of ******, Department of
Transportation, Bureau of Aeronautics.
Hope this helps!
Joe in Oshkosh
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daveaustin2(at)primus.ca
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| Posted: Wed May 02, 2007 4:46 am Post subject: Selling an Experimental |
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Thanks to all respondents to my query, and to Joe for the suggested words
for an agreement.
Good to have the list and folks out there.
Dave Austin 601HDS - 912, Spitfire Mk VIII
Do not archive
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Michael Valentine
Joined: 09 Jan 2006
Posts: 108
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| Posted: Wed May 02, 2007 6:53 am Post subject: Selling an Experimental |
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On 5/2/07, Joe <joe(at)kfiz.com (joe(at)kfiz.com)> wrote: | Quote: | | --> Zenith-List message posted by: "Joe" <joe(at)kfiz.com (joe(at)kfiz.com)> |
>>>>I would love to know just how many homebuilt litigation problems ever make it to court.
Though not a perfect answer to this question by any means, a quick search of Lexis (a database of legal decisions) reveals 0 (as in none) court decisions relating to someone suing the builder/seller of an experimental aircraft. Caveat - these are only reported decisions - plenty of cases could have been filed in lower courts where decisions are not reported or cases could have settled out of court. But, this does appear to be one area where one's fear of the risk is greatly disproporionate to the actual risk.
Best bet - put together a good sales contract; include all of the elements about the risks invovled; include indemnification, which means that in the contract they agree to pay any claims made by third parties against you as the seller; and, include an attorney's fees provision. Use a lawyer (even if you don't like lawyers in general). Most people love their own lawyer, they just hate everyone else's lawyer.
Also, get insurance. It is better to buy a liability insurance policy than to take the trampoline away from the kids because you are scared of the neighbor suing you. Just make sure the policy would cover this kind of thing (whether you can find such a thing, I don't really know)!
Happy building, flying, and, if necessary, tearfully selling your airplane.
Michael in NH
p.s. I hate stupid disclaimers, but I will mention that I am an attorney, though I don't practice in any of the areas I have just discssused. I only put people in jail. You would be an idiot to rely on legal advice posted on ther internet by some yahoo you don't even know. I can hear it now, "But Judge, 'Michael in NH' said in an email on the internet on this airplane builder listserve that I could do this." Good luck with that. If you do take my advice and it fails and you get sued and you didn't bother getting an attorney to advise you directly on the sale, tough. Plus, if you sue me over my advice, you are no better than the greedy a**hole suing you for selling his/her mother/father/soulmate a deathtrap.
p.p.s. I think I am going to vote to archive this one so that I can find it when you sue me.
[quote][b]
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Float Flyr
Joined: 19 Jul 2006
Posts: 2704
Location: Campbellton, Newfoundland
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| Posted: Wed May 02, 2007 3:27 pm Post subject: Selling an Experimental |
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There is one way to sell a plane without worrying about litigation and that is to have your estate do it. Seriously, I think it's about time people on both sides of the 49th take responsibility for their actions and save the law suit for those who have actually done us harm.
Consider the fact of a fellow who sells a plane to a friend who flies it for several years. Then the friend wants a bigger plane so it is resold, again and again until it ends up decades later training students in backwash USA. Some student didn't get the idea of flying right and the last thing he ever did was to try to plough the back forty with the nose of the plane. His family then reverts to suing the original builder of the plane some thirty years earlier. Over the last thirty years that person has made himself quite wealthy and lost the whole ball of wax on this old plane that he would never have sold for flight training. Worse than that the flight school decides they can fix the plane for less than the cost of replacement so the possibility of further litigation exists..
The only two answers are; to store the plane and let your heirs sell it when the time comes. Then the litigators can come looking for you in the sweet bye and bye or the warmer spot. You could de-register and disassemble the plane and sell it as parts. Carefully disassembled an individual could buy all the parts and build, going through all the inspections and register as a new plane.
My own plane, a Kitfox was built by a family friend who died several years ago (Aneurysm). I feel pretty safe in the knowledge that while I fly it I'm the one responsible for my safety. If I sell the plane the buyer will assume the responsibility for his own safety and not go looking for a windfall from our friend.
[img]cid:835365922(at)02052007-0BC2[/img]
Noel Loveys, RPP, AME intern
Campbellton, Newfoundland,
Canada
Kitfox Mod III-A, 582, B box, Ivo IFA
Aerocet 1100s
noelloveys(at)yahoo.ca (noelloveys(at)yahoo.ca)
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Noel Loveys
Kitfox III-A
Aerocet 1100 Floats |
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stshuck(at)comcast.net
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| Posted: Mon May 07, 2007 6:15 pm Post subject: Selling an Experimental |
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I did read somewhere recently that the builder of John Denver's airplane,
and including the fuel valve manufacture were still in litigation as
defendants over his accident.
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