Taledrger said:
If a "professional builder" built a kit in his own name and then "sold" it to another person who may or may not have helped build it, wouldn't the only restriction be that the "new owner" not be able to apply for the repairmen certificate?
The question in this case becomes one of intent. The regulation allowing the certification of amateur-built aircraft is 14 CFR 21.191(g), which states in pertinent part that the major portion of the aircraft "has been fabricated and assembled by persons who undertook the construction project solely for their own education or recreation."
The key word is SOLELY. A "pro builder" who from the start undertakes the project with the ultimate goal of selling it (presumably for profit) is not building the aircraft SOLELY for his/her own education or recreation. He/she is building the project for resale. This being the case, the aircraft does not qualify for an amateur-built certificate.
On the other hand, a person who truly does undertake the project solely for their own education or recreation, with no pre-intent to resell the project, may in fact resell the incomplete aircraft to another party at some point without jeopardizing the amateur-built status. The new owner can simply complete the project, and the total amount of fabrication and assembly of ALL builders (as opposed to any one builder individually) will be taken in total to meet the major portion (aka "51%") requirement for amateur-built certification.
The bottom line is; anyone who hangs a shingle out as a "pro builder", or in any way offers to build a kit (or plans-built aircraft) for someone else for any compensation other than their (the person doing the building) own education or recreation isn't acting in accordance with 21.191(g), and the resulting aircraft does not qualify for an amateur-built airworthiness certificate.
This does not preclude an amateur-builder from hiring someone to instruct them on the building of an aircraft. This is how the legal builders assistance centers operate. The amateur builder can take a project to a facility, pay to be instructed on the various construction methods and practices, and still be considered an amateur builder (and the airplane an amateur-built aircraft). They cannot, however, drop the project off and pay others to build the aircraft for them.
Hope this helps!
Joe