Cardiff Kook
PATRON
Sisters, OR
I'm in the final stages of closing on a purchase of my first plane. Inspection passed with flying colors from a very reputable IA.
I'm trying to get the purchase sale agreement completed so we can finalize the transaction. It should have been done prior but we never got around to signing it- we just had a verbal agreement and agreeement to use the AOPA purchase sale agreement as a template.
Seller is a good guy. He actually did a ground up restoration on it and seems pretty reasonable for what it is worth.
Seller does not like this clause and wants it removed:
"Warranties. Seller warrants that to the best of Seller’s knowledge: (a) the Aircraft is in airworthy condition; (b) the Aircraft has a current annual inspection; (c) the Aircraft has a currently effective Standard Category airworthiness certificate issued by the Federal Aviation Administration; (d) all of the Aircraft's logbooks are accurate and current; (e) all applicable Airworthiness Directives have been complied with."
His position is I had an IA inspect it, and check everything out, and that this is on me to ensure. I wouldn't say he is ademant against signing it- he just says he is selling the plane as is and it's my job to make sure everything checks out. I think he just doesn't want any liability after the sale.
My question: Should I care if this is not in the purchase agreement?
Now- I think this is supposed to be signed prior to the pre-buy, which is now done. In that case perhaps it was in there to protect the buyer (me) from doing an inspection on an airplane where the seller knows there is a bunch of issues?
Also- do I need to list out the engine/serial number in the purchase agreement? Sometimes I feel like less is more and I'm not worried about an engine swap or anything.
I'm trying to get the purchase sale agreement completed so we can finalize the transaction. It should have been done prior but we never got around to signing it- we just had a verbal agreement and agreeement to use the AOPA purchase sale agreement as a template.
Seller is a good guy. He actually did a ground up restoration on it and seems pretty reasonable for what it is worth.
Seller does not like this clause and wants it removed:
"Warranties. Seller warrants that to the best of Seller’s knowledge: (a) the Aircraft is in airworthy condition; (b) the Aircraft has a current annual inspection; (c) the Aircraft has a currently effective Standard Category airworthiness certificate issued by the Federal Aviation Administration; (d) all of the Aircraft's logbooks are accurate and current; (e) all applicable Airworthiness Directives have been complied with."
His position is I had an IA inspect it, and check everything out, and that this is on me to ensure. I wouldn't say he is ademant against signing it- he just says he is selling the plane as is and it's my job to make sure everything checks out. I think he just doesn't want any liability after the sale.
My question: Should I care if this is not in the purchase agreement?
Now- I think this is supposed to be signed prior to the pre-buy, which is now done. In that case perhaps it was in there to protect the buyer (me) from doing an inspection on an airplane where the seller knows there is a bunch of issues?
Also- do I need to list out the engine/serial number in the purchase agreement? Sometimes I feel like less is more and I'm not worried about an engine swap or anything.
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