Dave,
Sometimes I just hate the legal system since the results of our legal system can diverge so drastically from what's right and what 'ought to be.' You make a good set of points. But, where can we come down on providing information to a potential buyer, such as the one who questioned us the other day? His case seemed pretty clear. There was a long history of registration as a CD both before and after the single bill of sale and registration as a D. There were no logbook entries showing a model upgrade. There was no form 337 for the model upgrade either in the airplane's paperwork or the FAA files. That's a case where I, personally, would feel comfortable in buying the plane and flying it under Sport Pilot privileges. Keeping quite or telling the guy to not buy the plane seems to be a disservice to both the seller and the potential buyer in that case. There will be cases, such as when the form 337 for the model upgrade has been filled out and approved by the FAA. But I think I've seen cases where form 337 is submitted to the FAA for approval before any change is made to be sure that such a change can be approved - yet that doesn't make the change happen. Perhaps the change will never actually be made. That's probably a case that could go to trial if the plane is flown by a Sport Pilot and has an accident and the insurance company tries to deny payment. I would be nervous about buying a plane in this status to be flown under Sport Pilot privileges but as far as I know, the owner might well win the case. You're right that we sure don't know how some (possibly idiotic) judge will rule. I guess, in the future I should just confine myself to telling how I would bet and explaining the logic and the risks. I sure wish the FAA would drop medicals for Recreational Pilots so this issue could go away. <big sigh> Ed
