In the July issue of Sport Aviation, page 100, sidebar "Builder Hints to add value when it is time to sell".

The author mentions the performance, weight balance and associated limitations are not referenced by the operational limitations/rules from the FAA.
I have read multiple times that MTOW is fixed by the builder and cannot be changed. In fact, I have read not even the original builder can change the MTOW.
Now, because of the article, I have gone and read multiple FAA issued EAB operational rules attached to the airworthiness certificate, the only time MTOW or other performance criteria is referenced by the FAA is for LSA.
In other sections of the FAR, any major modification, such as changing engines, or MTOW implies you need to go through Phase 1&2 testing again, but that is it.

What am I missing? Or can anyone buy a previously built EAB, make modifications including changing the MTOW, go to a DAR and repeat Phase 1&2 and be done? (convincing the DAR about safety might be something else...)

Tim