Ftlausa

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About Ftlausa

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    Senior Member

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  • Gender
    Male
  • Location
    KFXE
  • Reg #
    N436PS
  • Model
    M20R

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  1. I agree that the Ovation and the A36 are more comparable aircraft. The A36 will still be more money. I also agree that the A36 can be less uncomfortable to fly than the Mooney, which is part of the reason I don't own a Bo. The Ovation also has longer range and better efficiency than the A36. The A36 has better useful load and is more stable. The maintenance costs are higher on the A36. Lots of people swear by the A/G36, so its pilot's choice.
  2. It would be great if we could get a self serve pump at FXE. Logistically, I don't think its possible because of the amount of traffic, but it would be nice to pay a reasonable rate for fuel.
  3. Well, I think that is a matter of personal opinion whether it is sufficient for a prospective buyer. Judging from the fact that the plane has apparently been for sale for quite some time, I would argue that it has not been viewed as sufficient by the marketplace to date. If there have been two prop strikes without an overhaul, I would tend to agree with that market assessment. I think I would want a new crank shaft if the existing one had been struck twice. You are free to disagree regarding what would be acceptable to you.
  4. Since the LAST prop strike? Was their a previous prop strike? I does not appear that the engine was overhauled after the most recent prop strike.
  5. If the log book says they used an FAA approved part, and they didn't that would seem pretty easy to prove. If the log book didn't document a repair or modification that was done to the plane, that would also seem pretty easy to prove. If the log book said a SB or AD was complied with and it wasn't, again that seem pretty easy to prove. Log book entries list who did the repair or modification, so you have a road map to your witnesses. I see a clear path to proving a misrepresentation or fraud -- probably more so than in many other breach of contract cases. If you don't see it as clearly, I hope it never happens to you. This will conclude my commentary on this subject. I have to get back to paying clients who value and pay for my advice. : - )
  6. If the log books misrepresent what was done to the plane, or what parts were used, then you have at least a negligent misrepresentation. If the seller knew the log books were inaccurate and he failed to correct the information provided to the buyer, then you have an intentional misrepresentation, if not fraud. If the seller falsified the log books, then you have fraud. Any of those give you a potential legal basis to seek damages and potentially recission. It would not be hard to find any number of experts who would say that log book entries are material to evaluating the condition and value of an aircraft in a purchase. I am not an A&P, so I am not evaluating the merits of the potential case here -- just commenting on what I think was incorrect "legal" advice. I have seen similar comments made in prior posts, and I don't want my fellow Mooney owners to think there is nothing that can be done legally if a seller does you wrong. I would never buy a plane without doing a very thorough pre-buy (mine have probably come close to annuals), but if a seller gave me materially inaccurate log books, he is gonna have some serious explaining to do, and may be taking back the plane.
  7. Excellent advice. It has to be worth the cost to pursue. There are, however, some statutes that may allow the recovery of attorneys fees. In Florida, we have a consumer protection statute that has such a provision. What I would probably do is send a couple demand letters and see what people are willing to do. The professionals have licenses and reputations to consider. I would also include a request for their insurance coverage (A&P and pre-buy A&P). That may trigger their insurance carrier getting involved and could get a quick resolution. Again, it has to be worth the money and aggravation to pursue. And no, I would never take a case like this on a contingency unless it was a slam dunk.
  8. You cannot contract away fraud if there was a misrepresentation of the condition of the airplane. No waiver or language in a bill of sale can cure a misrepresentation. Also, if there was a latent defect in the airplane (i.e., the owner concealed a material airworthiness variance with the aircraft, alone or in cahoots with the A&P), then you may have never had a valid contract to begin with and can seek recission of the contract. Caveat emptor is a handy phrase for making sure you are covering your arse, but it is not a blanket prohibition on seeking legal recourse. I do this for a living, so I have more than a passing familiarity with these legal principals. I just voided a $50 million commercial contract at an arbitration based upon fraud in the inducement. The facts obviously matter, but there are lots options available for remedying a wrong when it comes to contracts and sales of goods.
  9. I respectfully disagree with the posters who suggest you have no legal recourse. I think you have recourse against the seller and the person who conducted the pre-buy depending upon who represented what along the way. You may have a cause of action against the seller for fraud in the inducement which could allow you to reverse the transaction and recovery your damages; and you may have a cause of action against the person who conducted the pre-buy for negligence. The person who conducted the pre-buy explicitly or by implication represented that they were an expert and you paid them for that expertise and relied upon that expertise. If they failed to identify obvious defects, then they have liability. I would recommend consulting with a contract or aviation attorney in your area to discuss the specific facts.
  10. Many moons ago, I was USAF Security Police at a dual use airport and guarded F-15s and A-10s. The F-15s were on alert (i.e., fully armed), and we took the red line pretty seriously. Deadly force was authorized to stop an intruder. Thankfully, I only had to yell at a couple people who didn't understand where they were when the strolled over the line. At another base, we had a civilian who tried to steal an OV-10. We had to save the intruder from the airplane mechanics who were beating the crap out of him with wrenches when he tried to start the engines.
  11. Everyone is entitled to their opinion, but I often have to fly in my work uniform (a suit) in South Florida, and that A/C is worth every penny and every pound in my opinion. I also fly out of busy airports, and I can be waiting on the ground for up to 20 minutes. That is an eternity in 90s weather and high humidity.
  12. To those of you at Sun N Fun, are there any screaming deals being offered by any of the vendors -- i.e., decent prices on LED landing light bulbs, ADS-B stuff, etc?
  13. Persistent IMC conditions, but not necessarily to minimums.
  14. I also don’t understand the hostility toward Apple. The iPhone and iPad were huge developments. Is Apple perfect — of course not. Are their products expensive — yes. But that’s why I own the stock!!