X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Sun, 18 Jul 2010 08:35:49 -0400 Message-ID: X-Original-Return-Path: Received: from imr-da02.mx.aol.com ([205.188.105.144] verified) by logan.com (CommuniGate Pro SMTP 5.3.8) with ESMTP id 4396896 for lml@lancaironline.net; Sat, 17 Jul 2010 23:10:48 -0400 Received-SPF: pass receiver=logan.com; client-ip=205.188.105.144; envelope-from=Sky2high@aol.com Received: from imo-da01.mx.aol.com (imo-da01.mx.aol.com [205.188.169.199]) by imr-da02.mx.aol.com (8.14.1/8.14.1) with ESMTP id o6I3A0Cu009764 for ; Sat, 17 Jul 2010 23:10:00 -0400 Received: from Sky2high@aol.com by imo-da01.mx.aol.com (mail_out_v42.9.) id q.d73.b147cfc (44668) for ; Sat, 17 Jul 2010 23:09:58 -0400 (EDT) Received: from magic-d17.mail.aol.com (magic-d17.mail.aol.com [172.19.155.133]) by cia-mc01.mx.aol.com (v129.4) with ESMTP id MAILCIAMC017-ae7c4c4270863b7; Sat, 17 Jul 2010 23:09:58 -0400 From: Sky2high@aol.com X-Original-Message-ID: <8c158.630b630c.3973ca86@aol.com> X-Original-Date: Sat, 17 Jul 2010 23:09:58 EDT Subject: Re: [LML] LII Resale Agreement X-Original-To: lml@lancaironline.net MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="part1_8c158.630b630c.3973ca86_boundary" X-Mailer: AOL 9.5 sub 155 X-AOL-ORIG-IP: 67.175.87.113 X-AOL-IP: 172.19.155.133 X-Spam-Flag:NO X-AOL-SENDER: Sky2high@aol.com --part1_8c158.630b630c.3973ca86_boundary Content-Type: text/plain; charset="US-ASCII" Content-Transfer-Encoding: 7bit Dennis, Right. You have hit upon the core issue. Suppose the buyer lives in Creosote, Kentucky - does the new owner have to pay for the time, transportation, room and board costs of the team or should he just take his flyable aircraft on his first cross country to Redmond, OR, thus using a possibly less expensive but more dangerous technique? Egads! It would also seem that the seller must disclose these requirements to any potential buyer. The buyer is then faced with incalculable consequential costs. Arrrrrggghhhhh. Grayhawk In a message dated 7/17/2010 6:44:25 P.M. Central Daylight Time, pinetownd@volcano.net writes: I agree with Mark that Lancair's decision to apply the $300 transfer fee to a credit for parts purchases is a good move. I thank the new owner for that! However, in my opinion the $300 was never an issue. The following is a quote from their resale agreement: Further, the new purchaser of a flying Lancair aircraft or an uncompleted kit, and prior to the aircraft being transferred, must agree to have either flying Lancair aircraft or upon first flight of an uncompleted kit inspected by our insurance inspection team. The new purchaser must also agree to participate in any Lancair endorsed training program. These two requirements are, it seems to me, potentially very expensive. An inspection by Lancair's "insurance inspection team" could be thousands of dollars. The paragraph is awkwardly worded. It says the buyer must agree to have the inspection, but it doesn't say the inspection has to be completed and it doesn't say the airplane has to pass the inspection. One of the benefits of building my own experimental airplane is the privilege of using materials and techniques of my own choosing, with nobody (except the FAA, sort of) looking over my shoulder. Although I'm confident my relatively small modifications from the official plans would be acceptable to Lancair, there's always the possibility that some future Lancair owner (we're now on the third since I've been building) could decide any changes from the plans, no matter how insignificant, must be "corrected" before allowing the new purchaser to register the airplane. I'm not comfortable giving up that much power to Lancair. It's my airplane, not theirs. The resale agreement also says that the purchaser "must also agree to participate in any Lancair endorsed training program." Holy moly, that's a requirement limited only by the imagination of Lancair. A new owner could also decide, for some insurance purpose perhaps, that the "Lancair endorsed training program" would require who knows how many hours in a Lancair, completed at Redmond. The inspection requirement, particularly if it includes a requirement that the inspection must be "passed," and the unbounded training requirement, could cost a seller thousands of dollars, and possibly tens of thousands. And I think the cost will fall on the seller, even if the purchaser is the one who writes the check. Dennis --part1_8c158.630b630c.3973ca86_boundary Content-Type: text/html; charset="US-ASCII" Content-Transfer-Encoding: quoted-printable
Dennis,
 
Right.  You have hit upon the core issue.  Suppose the buye= r=20 lives in Creosote, Kentucky - does the new owner have to pay for the = time,=20 transportation, room and board costs of the team or should he just ta= ke=20 his flyable aircraft on his first cross country to Red= mond,=20 OR, thus using a possibly less expensive but more dangerous=20 technique?  Egads!
 
It would also seem that the seller must disclose these requirements= to any=20 potential buyer.  The buyer is then faced with incalculable consequen= tial=20 costs.  Arrrrrggghhhhh.
 
Grayhawk
 
In a message dated 7/17/2010 6:44:25 P.M. Central Daylight Time,=20 pinetownd@volcano.net writes:
I agree with Mark that Lancair's decision to apply the $300 transfe= r fee=20 to a credit for parts purchases is a good move.  I thank the new ow= ner=20 for that!  However, in my opinion the $300 was never an issue. = ; The=20 following is a quote from their resale agreement:
 
Further, the new purchaser of a flying Lancai= r=20 aircraft or an uncompleted kit, and prior to the
aircraft being=20 transferred, must agree to have either flying Lancair aircraft or upon= first=20 flight of an
uncompleted kit inspected by our insurance inspection te= am.=20 The new purchaser must also agree to
participate in any Lancair endor= sed=20 training program.
 
These two requirements are, it seems to me, potentially very=20 expensive.  An inspection by Lancair's "insurance inspection team"= could=20 be thousands of dollars.  The paragraph is awkwardly worded. = It=20 says the buyer must agree to have the inspection, but it doesn't say the= =20 inspection has to be completed and it doesn't say the airplane has to pa= ss the=20 inspection. 
 
One of the benefits of building my own experimental airplane is the= =20 privilege of using materials and techniques of my own choosing, with nob= ody=20 (except the FAA, sort of) looking over my shoulder.  Although I'm= =20 confident my relatively small modifications from the official plans= would=20 be acceptable to Lancair, there's always the possibility that some futur= e=20 Lancair owner (we're now on the third since I've been building) could de= cide=20 any changes from the plans, no matter how insignificant, must be "correc= ted"=20 before allowing the new purchaser to register the airplane.  I'm no= t=20 comfortable giving up that much power to Lancair.  It's my air= plane,=20 not theirs. 
 
The resale agreement also says that the purchaser "must also agree= to=20 participate in any Lancair endorsed training program."  Holy moly,= that's=20 a requirement limited only by the imagination of Lancair. A new own= er=20 could also decide, for some insurance purpose perhaps, that th= e=20 "Lancair endorsed training program" would require who knows how=20 many hours in a Lancair, completed at Redmond. 
 
The inspection requirement, particularly if it includes a=20 requirement that the inspection must be "passed," and the unbounded= =20 training requirement, could cost a seller thousands of dollars, and= =20 possibly tens of thousands.  And I think the cost will fall on the= =20 seller, even if the purchaser is the one who writes the check.=
 
Dennis   =20
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