What's new
Van's Air Force

Don't miss anything! Register now for full access to the definitive RV support community.

How to find legal help on sales contract

wawrzynskivp

Well Known Member
Time to sell,

I have the EAA generic sales contract and want the professional oversight of a knowledgeable aviation lawyer. Googled and contacted a few firms that had aviation in their lineup of services but that method isn't producing any nibbles.

Airplane is registered and hangered in CA KTRK, so sale will probably be in CA.

Anyone have any referrals?


Thanks in advance
Vince
 
Most of your escrow services will have a sales contract. I've used AeroTitle, in Oklahoma City, and was very happy with the service they provided. Fees aren't too bad.
 
I would call AOPA. I have used their legal and medical service before and have good luck with them being able to help or give guidance where to get help.
 
Attorney

I sent you a private message as I can probably help. I have been an AOPA panel attorney for over 20 years, RV4 builder
 
Not sure it is going to help a whole lot in many cases. Lets say the seller misrepresents a lot and you are way in the hole on a $150K airplane. Only way to get any relief is to sue him, assuming the contract provides relief for that particular claim. You are looking at attorney fees well north of $25K to do that and it further assumes that the seller has enough cash laying around that is not judgement proof (homes, IRA's, etc.) to actually make good on the judgement. I would think that in most cases, you are better off eating the loss and paying for the repairs. This is not something that ends up with Judge Judy in small claims court.

Frankly, I would take the attorney money and invest it in the very best pre-buy available, as this minimizes your largest risk-a plane that has problems needing major repairs. Also spend $ on an escrow/title service, as this protects against your second largest risk - leins and invalid titles. These firms ensure that someone will not pop up and say you owe them $30K for an engine overhaul the seller never paid (research mechanic leins) or say it is their plane and not yours. A good contract STATES that the title is free and clear and indemnifies the buyer, but you have to sue the seller to make good on it and that costs a lot of $. A title service confirms for you that it actually is before $ moves. Big difference. THis is why your mortgage lender doesn't ask to see the contract, but instead demands a title service to protect their interest.

Contracts only work when the other party has resources available to cover breeches; Go to the Chap 11 section and see what is happening to Vans customers with deposit agreements. If the judgement you paid $25K to get against the seller pushed him into chapt 11, same thing happens to you. Also, contract disputes net far less relief than most customers think once the atty fees are subtracted.
 
Last edited:
Back
Top