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It strikes me that there are two competing legal issues here. The first is that technical support is purchased when the kit is purchased. In that action, no transfer fee, etc. was included. Thus, this is attempting to add conditions after the fact. Legally, that is questionable.
OTOH, how will one enforce that? Does technical support inure to the purchase, or is it an act of good will by Lancair? And if you went to court and won, how grudging would Lancair's compliance with the support need be?
Finally, if you purchase a partially completed kit, how would Lancair prevent you from flying without their inspection?
I think the fee is a done deal, since there's no good way (reasonable cost) around it unless you aren't interested in tech support. Could Lancair refuse to sell you parts? Maybe???
Ted Noel
N540TF
----- Original Message ----- From: "Tom McNerney" <dudewanarace@yahoo.com>
To: <lml@lancaironline.net>
Sent: Sunday, May 30, 2010 1:09 AM
Subject: [LML] Transfer Of Ownership
Rob pointed out in a previous post that Lancair has changed their transfer of ownership policy. I thought it would be a good idea to post the paragraph from that form that regards to their "Transfer Policy". Interesting read.. I guess anybody who buys a used Lancair, of any type, has to have the "Insurance inspection team" check said aircraft.
TRANSFER POLICY
L.I.I. requires that all Lancair International Inc. and Neico Aviation Inc. aircraft and /or uncompleted kits which are sold, transferred, bartered, donated or in anyway given to any other person, corporation or other legal entity other than the original purchaser, shall first pay a $300.00 transfer fee to Lancair International Inc. and agree to sign and return to Lancair International Inc. this Resale Agreement prior to having said aircraft registered with L.I.I. and prior to the new owner obtaining technical support, access to Kit Components Inc. for parts purchases, access to our builder’s site on the web or notification of any service bulletins. 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. Only upon receipt of this agreement and payment of the $300.00 transfer fee, will L.I.I. transfer and update files so that service support can be continued.
Tom McNerney
www.N54SG.com
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