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homebuilt release of liability



 
 
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  #1  
Old August 28th 03, 03:40 AM
Floyd R Cudd
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Default homebuilt release of liability

could someone please provide me with a copy of the standard release of
liability when selling a homebuilt,I contacted EAA to no avail.or point me
in the right direction to obtain one.
Thanks
Ray


  #2  
Old August 28th 03, 03:48 PM
W. D. Shellenberger
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The EAA did have a checklist back in '99. Ken is right!
These sales can always be opened up, but I till think it is
wise to take these precautions anyway.

Look up - "suggested checklist for sale of a homebuilt"
under Google Groups for some good background.
This will give you a good start. I would also insist that
the new owner must do an immediate annual inspection.
This may require some timing, but there are ways.

Shelly

  #3  
Old August 28th 03, 04:21 PM
Juan E Jimenez
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Yes, no one can stop anyone from suing, but when you have an agreement that
says the buyer acknowledges the dangers, etc. and you have the wife sign it
as well as some witnesses that can come to court and testify that it was not
signed under duress, etc., it tends to have a dampening effect on the
plaintiff's lawyer. Or, sell the aircraft out of the country. I sold one to
Spain and even gave the buyer a nice discount to sweeten the deal.

"W. D. Shellenberger" wrote in message
...
The EAA did have a checklist back in '99. Ken is right!
These sales can always be opened up, but I till think it is
wise to take these precautions anyway.

Look up - "suggested checklist for sale of a homebuilt"
under Google Groups for some good background.
This will give you a good start. I would also insist that
the new owner must do an immediate annual inspection.
This may require some timing, but there are ways.

Shelly



  #4  
Old August 29th 03, 04:14 AM
Ken Sandyeggo
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"Juan E Jimenez" wrote in message news:06p3b.284525$Ho3.39018@sccrnsc03...
Yes, no one can stop anyone from suing, but when you have an agreement that
says the buyer acknowledges the dangers, etc. and you have the wife sign it
as well as some witnesses that can come to court and testify that it was not
signed under duress, etc., it tends to have a dampening effect on the
plaintiff's lawyer. Or, sell the aircraft out of the country. I sold one to
Spain and even gave the buyer a nice discount to sweeten the deal.


I never heard of anything that would have a dampening effect on a
lawyer's efforts, other than if he runs a financial on you and finds
out you're as broke as me. If there's money to be gotten, no stinkin'
piece of paper is going to stand in their way.

KJSDCAUSA


"W. D. Shellenberger" wrote in message
...
The EAA did have a checklist back in '99. Ken is right!
These sales can always be opened up, but I till think it is
wise to take these precautions anyway.

Look up - "suggested checklist for sale of a homebuilt"
under Google Groups for some good background.
This will give you a good start. I would also insist that
the new owner must do an immediate annual inspection.
This may require some timing, but there are ways.

Shelly

  #5  
Old August 29th 03, 04:40 AM
Juan E Jimenez
external usenet poster
 
Posts: n/a
Default

I have.

"Ken Sandyeggo" wrote in message
om...

I never heard of anything that would have a dampening effect on a
lawyer's efforts, other than if he runs a financial on you and finds
out you're as broke as me. If there's money to be gotten, no stinkin'
piece of paper is going to stand in their way.

KJSDCAUSA



  #6  
Old August 29th 03, 04:18 PM
RobertR237
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Default

In article , Scott
writes:


From what I've seen posted in the past, it seems damn near impossible to
write up a BINDING release because you can not sign away the rights of
others. For example, if you get the buyer to sign away liabilty and he
crashes and dies in it, his wife, kids, grandmother, etc. might sue you.
I'm not a lawyer and this should not be considered legal advice. Like
others have said, consult a competent lawyer for advice...

Scott


The only thing contracts are good for is ensuring that lawyers will make even
more money on time spent finding loopholes. I once heard a lawyer state that
he had never seen a contract that he couldn't break if there was enought money
involved.


Bob Reed
www.kisbuild.r-a-reed-assoc.com (KIS Builders Site)
KIS Cruiser in progress...Slow but steady progress....

"Ladies and Gentlemen, take my advice,
pull down your pants and Slide on the Ice!"
(M.A.S.H. Sidney Freedman)

  #7  
Old August 29th 03, 09:39 PM
Floyd R Cudd
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Default

Thanks for all of the input,there is a lot of good solid advice here.maybe
I'll just sell the airplane and hope the new owner is as safe as I have been
for the past 8 years,or maybe just disassemble it and hope the grandkids
take up our great sport.
Thanks again
Ray
"Floyd R Cudd" wrote in message
...
could someone please provide me with a copy of the standard release of
liability when selling a homebuilt,I contacted EAA to no avail.or point me
in the right direction to obtain one.
Thanks
Ray




 




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