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10-30-2012, 06:36 PM
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Join Date: Dec 2011
Location: Livermore, CA
Posts: 6,797
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Local (CA) estate attorney told me an LLC would provide no protection to a builder, if the suit claimed negligent workmanship; nor to a PIC if the suit claimed pilot error. An LLC would help if I had a partner and he was PIC in a pilot error suit. LLC also makes it easy to change partners, or even sell the whole plane, without incurring CA sales tax of nearly 10%.
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10-30-2012, 06:55 PM
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Join Date: Jan 2005
Location: SC
Posts: 12,887
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One local builder of an RV-8 removed the engine and instruments from his plane and donated it to an aviation museum with the idea that it would never fly again.
The museum hung the -8 from the rafters for a few years and then sold it. Guess what, it is flying again.
I suspect what the builder should have done is donated his plane w/o the log books and removed the data plate.
Then, if someone wanted to fly it again, they would have come up with a data plate and log books. All that is easy enough to do since his N-number was still on the plane.
__________________
Bill R.
RV-9 (Yes, it's a dragon tail)
O-360 w/ dual P-mags
Build the plane you want, not the plane others want you to build!
SC86 - Easley, SC
www.repucci.com/bill/baf.html
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10-30-2012, 07:04 PM
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Join Date: Apr 2008
Location: Lake Havasu City AZ
Posts: 2,393
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Donations
EAA has sold at least one airplane that was put back in the air. There are allegations of many more. When you donate to EAA you relenquish all control over what they may do with the airplane.
I buillt an airplane that was involved in a fatal many years after I sold it. Never heard a word from anuyone. Of course I not only don't have deep pockets, I don't have any pockets at all.
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10-30-2012, 07:22 PM
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Join Date: Apr 2006
Location: MI
Posts: 59
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Quote:
Originally Posted by jrs14855
EAA has sold at least one airplane that was put back in the air. There are allegations of many more. When you donate to EAA you relenquish all control over what they may do with the airplane.
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I purchased a core O-360 on ebay a few years back that was on a starduster too originally. it was listed as available as pick up in wisconsin so I arranged to pick it up while I was at airventure
imagine my surprise when I called the seller from the grounds and was told to drive over to a certain barn for pick up and received a receipt signed by Audrey Poberezny 
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RV-8
flying
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10-30-2012, 09:57 PM
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Join Date: Jan 2005
Location: Hicks Airfield, Fort Worth,Texas
Posts: 1,728
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Keep it
Bob,
Keep it for awhile, you are not done yet, you are a youngster.
I can give you Martins # if you want the real deal of selling over seas.
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Jay Pratt VAF #2
RV Central - Builder Assistance
Paul Revere, Borrowed Horse, & Shooter
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10-31-2012, 01:55 PM
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Join Date: Apr 2010
Location: Garden Ridge, Texas
Posts: 2
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Quote:
Originally Posted by Jaypratt
Bob,
Keep it for awhile, you are not done yet, you are a youngster.
I can give you Martins # if you want the real deal of selling over seas.
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As Jay suggested, I am going to just keep on flying and not worry about it for now.
By the way, for those of you that do not know it, if it was not for Jay Pratt, I would still be working on it. I was in his builder's assist program. We finished the project in a timely manner and I knew that I had a safe plane to fly.
Close to 650 hours now and I have never had a problem.
Thanks for all of the comments.
Bob Dean
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10-31-2012, 02:19 PM
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Join Date: Oct 2005
Posts: 1,516
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Liability question?
After the liability crisis of the late 80s, new reforms have limits on liability for manufacturers.
Please correct me if I am mistaken, manufacturers liability is now limited to 17 years after the date of manufacture.
I am assuming that the same rules apply to commercial builders as well as individual builders.
Here is the idea: List the date of manufacture on your aircraft when you started building or "thinking about it" and for most of us that means about 5 to 7 years. Most of us keep an airplane 10 years or more and it's easy to see how liability no longer comes into play.
Any thoughts on this idea?
__________________
Ernst Freitag
RV-8 finished (sold)
RV-10 Flyer 600 plus hours
Running on E10 mogas
Don't believe everything you know.
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10-31-2012, 02:29 PM
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Join Date: Mar 2005
Location: Dallas area
Posts: 10,768
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Unfortunately, the official "date of manufacture" on an amateur-built aircraft is the date of certification.
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Mel Asberry, DAR since the last century.
EAA Flight Advisor/Tech Counselor, Friend of the RV-1
Recipient of Tony Bingelis Award and Wright Brothers Master Pilot Award
USAF Vet, High School E-LSA Project Mentor.
RV-6 Flying since 1993 (sold)
<rvmel(at)icloud.com>
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10-31-2012, 03:21 PM
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Join Date: May 2005
Posts: 233
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Date of Sale
It has always been my understanding that the clock doesn't start ticking until the date of sale not mfg
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John Furey, RV7. Ohio
Life's Short...Fly Often!
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10-31-2012, 07:15 PM
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Join Date: May 2009
Location: Houston, TX
Posts: 531
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Quote:
Originally Posted by JDRhodes
Don't want liability for the airplane you built? Chop it up into little pieces and bury it in the backyard.
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Then you'll get sued when the new owners of the house cut themselves on it building a garden...
Quote:
Originally Posted by johnfurey
It has always been my understanding that the clock doesn't start ticking until the date of sale not mfg
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Sell it to your wife for $1?
__________________
-Rick Greer, VAF #2492
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