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  1. #1

    EAA Sales Agreement

    Hi,

    Wondering if someone can help. I paid a deposit on an Experimental I purchased and when the guy came to deliver the plane it wasn't close to the condition it had been described as and shown in the pictures I'd seen (I think they were old pictures or photoshopped). Anyway, then guy refused to give me my deposit back and now I am faced with having to pursue a lawsuit.

    Has anyone else had something like this happen to them? I'm looking for advice. We both signed the regular EAA Sales agreement.

    TIA!

    James.

  2. #2

    Join Date
    Aug 2016
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    Chicago
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    As I understand it the EAA sales document is intended as a guideline for your attorneys to use to create an actual agreement? It is mostly meant to be a waiver of liability for selling an experimental aircraft and the buyer accepting the risk. I didn't read anything covering deposit returns?

    There is a section covering buyer issues:

    "Seller has made Aircraft available to Purchaser at Purchaser’s convenience without limitation prior to the delivery of Aircraft to enable Purchaser to have a PRE-PURCHASE INSPECTION performed by Purchaser or Purchaser’s agent. Accordingly, Purchaser acknowledges that Purchaser has had Aircraft and its records inspected by an FAA licensed mechanic or by an FAA approved repair station. Purchaser acknowledges that Purchaser is satisfied with the workmanship and condition of Aircraft and that it is suitable for Purchaser’s own purposes."

    Was a pre-purchase inspection done by you or your agent? Did your attorney include a clause regarding deposit refunds if you were not satisfied?
    Last edited by CHICAGORANDY; 09-22-2019 at 04:28 PM.
    "Don't believe everything you see or read on the internet" - Abraham Lincoln

  3. #3
    Banned
    Join Date
    Nov 2011
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    Very sorry this happened to you but as always in sales transactions outside of a legitimate retail store or online operations, it's Caveat Emptor-buyer beware. I'm not looking to admonish you but why would you provide a deposit for something unseen?

    This is a civil matter, not a criminal one. The seller is just another sleaze bag fraud artist. As the seller refuses to refund your deposit under misrepresentation circumstances, your only recourse is to sue for damages both real and punitive.

    How much is the deposit? Will your legal costs exceed the deposit amount? If so, then it would just be plain dumb to proceed with legal action. Will a lawyer take your case on contigency if worthwhile to him/her? If so, it might be favourable for you to proceed in this fashion.

    You, like so many others who have been victims of larceny, have learned a valuable life lesson. You likely will never be a victim again.

  4. #4
    Thank you for the advice and I appreciate you being candid. Yes, I made a mistake and trusted someone. They described the airplane as a 9.5(interior) and 9.5(exterior) and the pictures seemed to verify that, until I saw it. Chips in the wings, cowling chipped, wheel pants cracked and seats worn/interior paintwork heavily chipped. The deposit was $5000. I can take it to the small claims court as I also have the advertisement showing pictures and I also took pictures of how it actually is.

    You live and learn. Sometimes the painful way.

  5. #5
    Banned
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    For that amount small claims court is a perfect place to go. You act for yourself, no lawyer fees, and bring all your evidence and any witnesses. SCC will also usually provide you with a written "how to" proceed to bring your case to court. Just remember this: even if you get a judgement you may not ever get paid. So get some advice on how to go about placing a lien on his property. When he finds out that you have done this, he'll pay you back the $5K plus any other costs SCC granted you faster than you can say "I refuse to be a victim."

  6. #6

    Join Date
    Jul 2011
    Posts
    2,575
    Go to small claims court. its perfect for this sort of thing. I have done it a few times and never lost, tied one and won four. The tie was unfortunanly against a friend who would not show up to finish a job, turns out he is a severe alcoholic, otherwise a decent guy. We agreed on a price in the end.
    THen the local shop installed the wrong part, almost same part number, but not quite. I called and wrote them and no response at all. The night before the court case some big shot CEO from Chicago phones me and offers half the cost if I drop the case. BS. I went to court, and pretty easily got my $2200 back. I did have the evidence, a letter from the Beech shop that showed the correct part number.
    I had one case where a supposed friend conned me out of a small loan, when I went to court he didn't show up. I found out he had 23 previous judgements against him and had no assets in his name, so there was nothing for the sheriff to seize. That may well be the case with this seller. Anyway your cost will be likely less than $100, give it a try. The reality is that you are buying a used airplane, not one with brand new perfect paint, so the judge may or may not side with you. I'd bet you lunch the "seller" doesn't even show up in court.
    Last edited by Bill Greenwood; 09-23-2019 at 06:21 AM.

  7. #7
    Thank you, Gents. I appreciate the words of encouragement. Seller told me the paint was pristine and that the plane is 'like new' (as per pictures he sent). Even the aircraft bluebook rating scale describes a 9/9 as 'Interior is new. There are no scratches, cracks, crazing or other evidence of use. Paint is new. Airframe and paint are in excellent condition with no scratches or dents'. It certainly wasn't like that!

    Like you guys say, it's worth a shot and I'll file for my costs. If nothing else I'll get a free lunch!

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