Posted: 4/26/2010 12:49:18
I am brand new to the forum, but have a tough topic that I am dealing with. A very close friend of mine passed away after spending 18 years off and on trying to finish his Long EZ. His name was Jon Moore and was featured in Sport Aviation a little more than a year ago as one of the long term builders. Jon unfortunately passed away Dec 28th of 2009. His family, knowing Jon's passion for his Long EZ, has expressed the desire to finish the Long EZ, get it flying, then sell it once the 40 hours are flown. I know there are probably some legal implications here that the family should be aware of, but I am also concerned for me and the team of folks that are interested in finishing the project in memory of Jon. The project is nearly completed with the exception of the engine cowling, finish work on the fuselage and interior, and many minor things like the canopy latches. I want to be sure that Jon's estate is safe and that the volunteers are safe from legal implications.
Thanks for any helpful comments
Posted: 4/26/2010 13:11:21
I would suggest selling it in the local aviation community. From the comment that it will need 40 hours flown off, this project has an alternative engine. That alone will make it a bit of an effort to sell it. So I'd concentrate on the local community of pilots.
Posted: 4/28/2010 11:46:22
I don't think that the family has much to worry about. After all they are not the builder. However, to get it flying someone will have to sign the FAA paperwork as the builder. Whoever that is has the most legal exposure, or so it would seem to me. The least amount of liability would probably come from selling it as is, uncompleted. A new owner can finish it and still have it qualify as amateur built, as long as there is solid evidence that some amateur builder did most of the work.
I think your sentiments are admirable, but one of you will end up on the hook, so to speak, if you are determined to get it flying before you sell it.
BTW, I am not an attorney, and I haven't even played one on TV. This should not be considered to be legal advice.
Posted: 4/28/2010 14:01:39
Wil, my suggestion would be to sell the project as a project. Let the new owner inspect the airplane, do the completion work and the first flight. Yes, it would not bring as much money as a finished and flying airplane would but there would be zero liability concerns doing it this way.
There may be other alternatives. Talk to a DAR in your area for suggestions or a Tech Counselor.
Posted: 5/17/2010 14:33:48
All, Many thanks for your input. I will be discussing with the tech counselor and the DAR