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“There are a handful of reputable brokers who specialize in King Air aircraft and using them provides a higher level of professionalism to the entire transaction.”
Seriously? What if the broker was the one who caused the problem? While I respect any business that seeks to limit its exposure to liability, these clauses should never be agreed to. If the broker won’t take it out, find another one.
LLCs and the Disappearing Act
It is common for aircraft owners to hold title in a Limited Liability Company, especially for liability protection, when someone else is operating the aircraft.
However, when the aircraft is sold, most single-purpose LLCs are dissolved as they no longer hold any assets. Likewise, many Buyer LLCs are newly formed with no assets of any kind. So, a purchase agreement between these entities could very well leave one side with no real remedy in the event of a dispute. For this reason, it is strongly recommended that all purchase agreements be personally guaranteed by the entities’ principals with language such as:
“Notwithstanding the status of any Buyer or Seller as a legal entity or trust, the signatures below are binding on the named parties as well as in the signatories in their individual capacities. These guarantees are limited to the parties to this Agreement; nothing herein shall be construed as an expansion of liabilities to any third parties.”
Buying and selling a used aircraft is never simple, and buyers and sellers alike should watch for certain legal landmines in their contracts. KA
Scott Williams, Esq. is the principal attorney of The General Aviation Law Firm, P.C. His firm represents buyers and sellers in aircraft transactions, aircraft owners in disputes with their insurance carriers and pilots in FAA enforcement matters.
Pilots
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16 • KING AIR MAGAZINE
OCTOBER 2023