X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Wed, 19 Sep 2007 18:19:10 -0400 Message-ID: X-Original-Return-Path: Received: from web81801.mail.mud.yahoo.com ([68.142.207.166] verified) by logan.com (CommuniGate Pro SMTP 5.1.12) with SMTP id 2340561 for lml@lancaironline.net; Wed, 19 Sep 2007 17:55:18 -0400 Received-SPF: none receiver=logan.com; client-ip=68.142.207.166; envelope-from=jcollins@snet.net Received: (qmail 85752 invoked by uid 60001); 19 Sep 2007 21:54:40 -0000 DomainKey-Signature: a=rsa-sha1; q=dns; c=nofws; s=s1024; d=snet.net; h=X-YMail-OSG:Received:X-Mailer:Date:From:Subject:To:MIME-Version:Content-Type:Message-ID; b=2sarsMYySZruslNIrSXs6rmx+F7M4Ixsjee3bkgfTHhh9l3P9d018a2uyNOrsH/cZpWW7Vz+sHLfFJSKOclWJAXwdonL+eropzTaIBNT4F11pQDUEsQMwb1rFq2m2DqdsTuuQGQzTeCC5Ema4h1QYlz1AWPcs9yhbJ47QHi0GfY=; X-YMail-OSG: uKowWr4VM1l2ryZuXGaUdQLWUAk3jOX5Yu4skDLQgESDRKJcS_LnYKr8JEUsXgq4TmFxVR1YAQ-- Received: from [64.252.166.107] by web81801.mail.mud.yahoo.com via HTTP; Wed, 19 Sep 2007 14:54:40 PDT X-Mailer: YahooMailRC/651.50 YahooMailWebService/0.7.134 X-Original-Date: Wed, 19 Sep 2007 14:54:40 -0700 (PDT) From: JAMES COLLINS Subject: Product Liability X-Original-To: lml@lancaironline.net MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="0-653832401-1190238880=:73135" X-Original-Message-ID: <781839.73135.qm@web81801.mail.mud.yahoo.com> --0-653832401-1190238880=:73135 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: quoted-printable Ordinarily sellers disclaim all liability; it's called "contracting out" of= liability and it is legal as long as the disclaimer language is bold and a= ll caps (it has to stand out from the rest of the contract).=0A =0AHowever,= this guy is also the builder, so he may have to beef up his disclaimer - b= ut as long as he does that, he should be protected. In other words, the pa= rts that he bought are usually warranted from the manufacturer and he shoul= d pass on those warranties. For example, the Lycoming engine probably has = a 20 year warranty and that warranty should be passed on. In the event the= buyer crashes and it is due to a defective engine, then he can go after Ly= coming rather than the builder/seller.=0A =0AThat's why, when you sell your= home built, make it clear in the contract that the buyer knew he was buyin= g a home built aircraft. That way, he cannot come back and say he did not = know it was not designed by FAA approved designers. --0-653832401-1190238880=:73135 Content-Type: text/html; charset=us-ascii Content-Transfer-Encoding: quoted-printable
Ordinarily= sellers disclaim all liability; it's called "contracting out" of liability= and it is legal as long as the disclaimer language is bold and all caps (i= t has to stand out from the rest of the contract).=0A
 
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However, this guy is also the builder, so he may hav= e to beef up his disclaimer - but as long as he does that, he should be pro= tected.  In other words, the parts that he bought are usually warrante= d from the manufacturer and he should pass on those warranties.  For e= xample, the Lycoming engine probably has a 20 year warranty and that warran= ty should be passed on.  In the event the buyer crashes and it is due = to a defective engine, then he can go after Lycoming rather than the builde= r/seller.
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That's why, when you sel= l your home built, make it clear in the contract that the buyer knew he was= buying a home built aircraft.  That way, he cannot come back and= say he did not know it was not designed by FAA approved designers.
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