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

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

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

Paul Lee wrote:

Never mind successful, just a list of any lawsuits will do....

Start with the John Denver EZ and prototype RV-8
accidents.

Dave 'hold harmless' Hyde

I believe that's the point of an exculpatory agreement.

"Paul Lee" wrote in message
om...
There seems to be a lot of ongoing discussions about homebuilt sale
liabilities. I have yet to see a list of successful lawsuits against
a builder. Never mind successful, just a list of any lawsuits will do....

------------------------------------------------
Paul Lee, SQ2000 canard project: www.abri.com/sq2000

"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.

"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

On 28 Aug 2003 15:34:38 -0700, (Paul Lee) wrote:

There seems to be a lot of ongoing discussions about homebuilt sale
liabilities. I have yet to see a list of successful lawsuits against
a builder. Never mind successful, just a list of any lawsuits will do....

IIRC, the builder of John Denver's airplane was sued. He was quickly
dropped (I assume because of a lack of a deep pocket) but he probably had a
few more sleepless nights over it.

Ron Wanttaja

"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

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

The agreement is not meant to be a binding contract, it's meant to show to a
judge and/or jury that the person knew exactly what he/she was getting into,
knew the aircraft was dangerous, was given the opportunity to and completed
a full inspection, and accepted all responsibility for doing anything with
it, among other things.

Besides, if the owner is so worried about liability, there are always other
options -- donate the aircraft to a charity, remove the engine or some other
component and surrender the airworthiness certificate to force the new owner
to ask for a new certificate (and in the process sign a form saying that
he/she says it is airworthy), take an axe to it, sell it overseas in a
country where frivolous lawsuits that ignore the concept of personal
responsibility are laughed out of court and get the plaintiff whacked in the
head on his way out, etc.

"Scott" wrote in message
...
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
http://corbenflyer.tripod.com
http://groups.yahoo.com/group/ParasolAirplanes
Building RV-4
Gotta Fly or Gonna Die!


Floyd R Cudd wrote:

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

--

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)