builder 2nd. time around

Deuskid · #1 07-08-2006, 10:40 AM

There is a RV-6 offered on ebay that currently flying but the seller is selling as a 'parts plane' and is offering to help disassemble then the buyer can re-assemble and be designated as builder. found at:

http://cgi.ebay.com/ebaymotors/RV6A-...QQcmdZViewItem

He even offers to fly it to you and then dis-assemble at a place convenient for the buyer!

Is this 'legal'. Would the new owner be able to receive a repairman's certificate under these circumstances?

thanks,

John

robertahegy · #2 07-08-2006, 11:20 AM

I doubt that that qualifies for the repairmans cert, but if he sells as non-flying "parts" and the buyer of the "parts" assembles it, he may be shifting liability to the buyer, or whoever the buyer gets to assemble it.

JMHO

Roberta

sprucemoose · #3 07-08-2006, 12:15 PM

This type of thing is often discussed as a way to get the liability off the original builder. However, I doubt it would be of much value. You can pull the wings and tail off the fuselage and sell the pieces, but if something happens, the fact remains that you built the wings, tail and fuse, and can be sued as the manafacturer.

If you want to buy this plane, I suggest you put the seller in touch with EAA, who can straighten him out about the liability issue, and come up with a better solution.

Mike S · #4 07-08-2006, 03:55 PM

I had a friend who planned on doing exactly this, including pulling the data plate and returning it to the FAA, in an attempt to avoid the liability on his BD-5.

He talked to a lawyer, and was advised that if something happened, he would still be sued, ----they sue EVERYONE!!---and probably found liable.

Ended up donation it to a muesum.

Speaking of BD-5, those of you who know of Chuck Lischer, Team America, he was killed a couple of weeks ago in a BD-5.

Sorry about the hijack.

Mike

joe gremlin · #5 07-08-2006, 10:00 PM

Wouldn't a well written Indemnity and Hold Harmless agreement provide about the same level of liability protection or better? It seems to me that unless this guy plans on drilling out every rivet, the new buyer would be an assembler but the original owner would still and always be the builder in the eyes of the plaintiff and the plantiff's legal team.