The agreement is not meant to be a binding contract, it's meant to show to a
judge and/or jury that the person knew exactly what he/she was getting into,
knew the aircraft was dangerous, was given the opportunity to and completed
a full inspection, and accepted all responsibility for doing anything with
it, among other things.
Besides, if the owner is so worried about liability, there are always other
options -- donate the aircraft to a charity, remove the engine or some other
component and surrender the airworthiness certificate to force the new owner
to ask for a new certificate (and in the process sign a form saying that
he/she says it is airworthy), take an axe to it, sell it overseas in a
country where frivolous lawsuits that ignore the concept of personal
responsibility are laughed out of court and get the plaintiff whacked in the
head on his way out, etc.
"Scott" wrote in message
...
From what I've seen posted in the past, it seems damn near impossible to
write up a BINDING release because you can not sign away the rights of
others. For example, if you get the buyer to sign away liabilty and he
crashes and dies in it, his wife, kids, grandmother, etc. might sue you.
I'm not a lawyer and this should not be considered legal advice. Like
others have said, consult a competent lawyer for advice...
Scott
http://corbenflyer.tripod.com
http://groups.yahoo.com/group/ParasolAirplanes
Building RV-4
Gotta Fly or Gonna Die!
Floyd R Cudd wrote:
could someone please provide me with a copy of the standard release of
liability when selling a homebuilt,I contacted EAA to no avail.or point
me
in the right direction to obtain one.
Thanks
Ray
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