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  #11  
Old 05-24-2018, 05:13 PM
rgmwa rgmwa is online now
 
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Quote:
Originally Posted by Ed_Wischmeyer View Post
The fly in the ointment is that if there's an accident, the family / employers / everybody who would suffer loss from the death of the new owner of the airplane would not be covered by the liability release.
Couldn't consequential loss/damage be included in the liability release? What happens when you sell your car privately in the US? Do you run the same risk as you would for an ELSA or SLSA aircraft? Just curious.
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Last edited by rgmwa : 05-24-2018 at 05:16 PM.
  #12  
Old 05-24-2018, 05:41 PM
Ron B. Ron B. is offline
 
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Quote:
Originally Posted by rgmwa View Post
Couldn't consequential loss/damage be included in the liability release? What happens when you sell your car privately in the US? Do you run the same risk as you would for an ELSA or SLSA aircraft? Just curious.
Did you build your car?
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  #13  
Old 05-24-2018, 06:28 PM
rgmwa rgmwa is online now
 
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Quote:
Originally Posted by Ron B. View Post
Did you build your car?
No, but for an ELSA/SLSA Vans is regarded as the builder, not the person who put the kit together. It just seems a great pity that a relatively new aircraft should be dismantled to try to avoid the threat of future litigation. What happened to common sense and the notion of personal responsibility? Anyway, enough debate and apologies to the OP for the thread drift.
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  #14  
Old 05-24-2018, 06:33 PM
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hydroguy2 hydroguy2 is offline
 
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Location: Townsend, Montana
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I will offer $10000 for fuselage and avionics.

I have a buyer for your wings flaps also. $5000.

I am certain another friend will buy your engine prop for $9000.

let me know we will be there next week with separate trailers and cash.
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  #15  
Old 05-24-2018, 10:01 PM
lr172 lr172 is offline
 
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Location: Schaumburg, IL
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Quote:
Originally Posted by rgmwa View Post
Couldn't consequential loss/damage be included in the liability release? What happens when you sell your car privately in the US? Do you run the same risk as you would for an ELSA or SLSA aircraft? Just curious.
No. Current law doesn't allow someone to release liability on behalf of another party. It could stop the buyer from winning, but does nothing to stop other parties from winning, such as the spouse.

This is unrelated to cars. Your exposure comes from being the builder of the plane. And yes, if I modified or repaired a car and that work is related to the cause of death or injury and deemed negligent (easier to prove than you would think), I absolutely could be sued. You never hear about this, because most people with significant assets don't do their own work on cars and lawyers typically only sue people with large asset bases in liability cases. Simply buying a car from a builder and selling that car to another party carries no liability risk. The suits will be aimed at the builder and possibly maintainers and parts suppliers.

Larry
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Last edited by lr172 : 05-24-2018 at 10:27 PM.
  #16  
Old 05-24-2018, 10:10 PM
lr172 lr172 is offline
 
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I have thought about this quite a bit and dismissed the idea of parting out for the reasons stated. My current thinking is to request the FAA to invalidate my airworthiness certificate and include a statement in the bill of sale that the plane is not airworthy. This would obligate the buyer to undergo the process of getting a new airworthiness certificate, including all of the effort and documentation to prove airworthiness. My thinking is that gives my lawyers a lot to work with. Whoever deemed the airplane to be airworthy and attested such to the FAA should shoulder the bulk of the liability, as the buyer was informed of the unairworthy condition. Most suits are won on the premise that the seller was offering something that meets that stated purpose and without significant, undocumented risks. If I sell a plane that is stated as unfit to fly, it should be hard to sue me for selling an airplane that didn't fly. This avoids the loopholes related to liability releases.

This would shave a good chunk of value from the plane, but potentially worth it for the risk avoidance.

Larry
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Last edited by lr172 : 05-24-2018 at 10:15 PM.
  #17  
Old 05-25-2018, 06:19 AM
dweyant dweyant is offline
 
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One of the differences/advantages of the RV-12 is that since it can be licensed as an E-LSA you are not the builder, Van's Aircraft Inc. is.

That goes a long way towards lowering the liability exposure.

-Dan
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  #18  
Old 05-25-2018, 06:47 AM
Turbo69bird Turbo69bird is offline
 
Join Date: Jun 2013
Location: CT
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Quote:
Originally Posted by AndyRV7 View Post
I'm sure the OP is thrilled to have this discussion in his thread.
Yeah right, classifieds is definitely the place to poo poo what a guy is trying to do. 🤔
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  #19  
Old 05-25-2018, 07:18 AM
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Sam Buchanan Sam Buchanan is offline
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Quote:
Originally Posted by Turbo69bird View Post
Yeah right, classifieds is definitely the place to poo poo what a guy is trying to do. ��
Yep, we have screwed up another thread.

If the guy wants to part out his plane....let him do it.

Take the lawsuit discussion to another thread so this one doesn't have to be closed.
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Last edited by Sam Buchanan : 05-25-2018 at 07:23 AM.
  #20  
Old 05-25-2018, 07:45 AM
bruceflys bruceflys is offline
 
Join Date: Aug 2014
Location: Ocala, FL (Leeward Air Ranch)
Posts: 102
Default Nice Offer

Thank you for your interesting proposition. Currently I have an offer a bit higher than your $24K total where the airplane is trailered away for parting out elsewhere. Apparently that buyer sees greater potential from selling the components/parts.

Bruce


Quote:
Originally Posted by hydroguy2 View Post
I will offer $10000 for fuselage and avionics.

I have a buyer for your wings flaps also. $5000.

I am certain another friend will buy your engine prop for $9000.

let me know we will be there next week with separate trailers and cash.
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RV-14 - Empennage Kit Started
RV-12 - Parting Out
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