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« on: August 01, 2006, 05:06:38 PM »
Attention SD canardians -- one of your fellow fliers just screwed a potential flier out of $2000 and the chance to own a decent canard aircraft. Not a very honorable way for one of the "experts" to act.
Note that I am neither the screwee or the screwer. This was originally posted on the main forum by Allen. I'm just a fellow builder that has haunted SD/Gillespie enough to know that such stuff wouldn't be tolerated if it were known... so I'm passing along the news.
I hope you all can find a suitable woodshed and discuss the local "expert's" actions with him.
D
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As posted on the main forum:
"2000 ways to not buy a Canard
As a teenager I was invited to take a ride in friends Long-Ez. We took off from Rosemond Skypark headed for Mojave with a quick lap around Burt Rutan’s home in the dessert. Until that day I had only taken rides in Cessna and Piper aircraft. Since that ride it has been a dream to one day own one of these extraordinary aircraft. A combination of sleek looks and the incredible maneuverability were beyond words. I have never forgotten that ride.
Years past as they do and I finally found myself in a position to possibly make the dream happen. The search was on. I found an aircraft on a website after searching for well over a year. With the help and guidance from friends who own these aircraft I decided that it might well be the best I could get of my modest budget. The aircraft had been flown for many hours and the pilot was well known in the community. After speaking with the owner over the course of several months, a deal was reached. The seller did not have a contract already so I found one on the same website that I found the plane. We discussed the details of the purchase and I wrote them into the contract. These included a fresh conditional inspection, used spare propeller, extra headset, and the installation of an intercom that would be purchased by me. (The seller had flown the plane solo for 17 years and had removed the old intercom when it failed. We would most certainly need one in order to get me checked out in the plane, and I planned on flying with my wife.) I had emailed this contract and the seller accepted it. I signed the contract and faxed it to the seller at a number he provided. The Seller stated he did not receive the fax, but would like to hold off on the signatures until I arrived, as there were some sensitive issues to be discussed that the seller indicated he would not talk about over the phone. He went on to indicate that he had intentions of selling the plane for less on paper in order to avoid tax obligations. He said this is how it was done in the past and that this is how he would like to do it this time as well since he is retired and on a fixed income. Although I felt uneasy about this development, I let the giddiness of the purchase over ruled my best judgment.
It was made clear that this aircraft was not going to win any beauty contests and was in need of a paint job. This was confirmed in the photographs sent via email that I shared with my friends. Cosmetics were no problem. Like any pilot my greatest concern was safety. I explained that I would be flying the aircraft back home and that my wife and I would plan on many long years of fun flying in this plane. The seller explained that the airplane was a proven performer having recently flown to Kitty Hawk and back with no problems. Plus, it has a great autopilot to help keep those long trips manageable. The fresh conditional would make certain things would be ready to go. Against the recommendations of some of my friends, I sent a $2k deposit despite not having a signed contract. This was a very nice elderly gentleman who seemed more concerned that his beloved airplane would be going to a good home that if the sale were to happen at all.
Ecstatic that my dream would come true I began to prepare for the trip. A friend who is a former EZ driver and current Cozy pilot offered some right seat time. The same person had been with me throughout the searching process and had been a great help. Obviously I jumped at the chance to fly a cozy.
Other preparations were made as well. I leased a tie down spot at the local airport, placed my name on the waiting list for a hanger, and consulted with my local A&P about what to expect from the O-235 motor. Extra life insurance was purchased as a “just in case.” A plane ticket was purchased and the waiting began. During the wait I continued to learn as much as I could from other pilots as well as articles from on this and other sites. This community is very generous with time and knowledge. I intended to use it all! The intercom was purchased and mailed for installation. As a highlight I placed a call to Scaled Composites and to my surprise Burt Rutan would meet with me for a quick photo or us with my new plane the week I was there. Life was great!
Then it began…
Excited about the chance to get a picture with the legend himself and my new plane I called the seller to let him know. He was mildly excited himself.
“When you see Burt tell him this is the same plane he said he would not even high speed taxi in.”
The seller explained that he had flown into a personal sucker hole and when he landed at Osh Kosh he asked Burt to look at the damaged canard. Apparently that was Burt’s comment after inspecting the damage. In hindsight I wonder if Burt saw more than just a damaged canard…
Anxious to get out to pick up my new plane I called the seller every few days to be sure we were on the same page. I was told the conditional was going fine and that he was making minor repairs as he found them such as repacking the grease in the gear and things of that sort. He offered for me to stay at his apartment while I was there getting checked out and that his son would be able to pick me up form the airport since his eyesight is not the best and does not drive at night. “What a great guy” I thought.
Just a few days before I was to head out I called to be certain things were on track. He said all was well but wanted to be sure I was fine with the A&P he was going to use for the conditional. The usual guy was not available so he was using a gentleman who was well known on the field, but also to the FBI. He had trained the pilots who flew the plane into the pentagon. I looked the mechanic up on the net and made a few calls. Like many of those caught up in the 9/11 aftermath, he was an unknowing participant and was not at any fault. He had simply given some flying lessons to some students. How was he to know what they had planned? After looking at the facts I decided that I did not have any problems with using this mechanic. He was not a “good friend” so I knew that the “friend” factor would not play into his inspection. Great! No problems!
One problem… “I don’t feel I can put in the comms, but my hangermate is good at these things and he might be able to do it. I’ll ask him.”
“Ok, just as long as we have an intercom before we try getting me checked out.” I tell the seller. He seems to be in agreement.
Then the call arrives that I have feared. “Well my hanger mate wont put them in either. I guess I can look around here for somebody who will give you a good price on an install.” “
“Give me and good price? Wasn’t this part of the deal?” I asked.
“No, I told you that it would be as a favor. I cannot do it and my hangermate said its above him as well. I know a place not far from here that might be able to do them for a good price. You may want to just hold off putting them in until you get home. We really don’t need them to get you checked out. We brief everything on the ground anyway. There is not much to say in the air.” Says the seller.
At this point I officially want out of this deal, but I’m screwed. No signed contract. If I walk out now I’m out $2k plus the cost of the airline ticket. I look at the numbers and decide that an intercom and a miscommunication are not worth walking away from the deal. But I sure as hell will not fly a strange new plane without comms. We need to come up with a plan for comms.
The seller says he has a friend who has a portable intercom box we can borrow.
The day arrives and my wife drives me to the airport. Before we go to the terminal we drive around to the GA parking area. I want to see my tie down spot. We talk about my trip and my flight plan. Then we talk about the “what ifs” that go along with an adventure like this. I assure her that I have done all I can to get ready for the trip. I have flown the Cozy. I have flown the EZ simulator for over 150 hours. I have 12 hours of flight time in the last month, 5 at night. I have spent hours on forums, mailing lists and on the phone with pilots across the country. I have my charts. I have a plan. I’m ready. Bring on the dream!
When I arrived at the destination airport I get a cab and head to the sellers house. His son had business out of town so he was not able to pick me up. No problem. I arrive at the seller’s apartment and finally put a face to the voice. I want to go see the plane, but we cannot go since he cannot drive at night. It’s a long sleepless night. In the morning I get to see my plane!
We arrive at the airport and meet a group of EZ pilots having their usual Saturday morning meeting. The hanger has three EZ’s. This is the first time I have ever seen a LE and VE side by side. The planes look fast just sitting in the hanger. I am introduced to the people in the hanger as the buyer of the sellers plane and each is quick with a handshake and a smile. My blood is pumping! Lets go see my plane.
We get to his hanger and open it up. There she is. Weathered, but I expected that. We pull her out a bit into the light to walk around her. I want to go for a ride in her but we can’t. The seller explained the night before that he had taken it to the wash rack when the left mag failed. The A&P would be coming in this morning just to replace the mag for us.
“Great” I thought. This works out nicely actually because it will allow me to not only meet the A&P that performed the conditional, but also ask questions from a local expert.
By now the word is getting out around the field that there is an EZ that has sold and being picked up. EZ drivers mil around the hanger and I am introduce to each of them. Nice folks. We all talk shop. They each take turns talking about what was easy and what was hard in relation to transitioning to an EZ. They are a wealth of information. One is a builder and offers to show me his plane located in the facing hanger 20 yards away. His aircraft is plans built and beautiful. He takes meticulous care of his baby. I make a mental note that I want to fix my plane up to look that good one day.
The A&P arrives and he introduces himself. I explain who I am and that I will be flying this plane back across the country. I ask him if he found anything that needs fixed. It was at this time that I got a chill down my spine.
“To be honest I have not seen the plane before. This is the first time I have ever seen it.” He tells me.
“I was to understand that you did the conditional inspection. Your name is on the paperwork right?”
“Yes. But I signed it as a favor to his hangermate. They bought me lunch and paid me $40. Its normal practice in experimental aircraft. I’m sure he did a good job. I’ll look while I change the mag and let you know what I think. But I do not know these planes so I can only tell you what I see in the engine.”
I ask the seller just who exactly conducted the inspection after all. I know the seller was not the builder, has not ever built an experimental, and does not hold an A&P license himself. I know it’s not legal.
“I did. I have done my own inspections for as long as I’ve had the plane. I know what I’m doing. It’s done this way all the time.”
“It’s done this way all the time.” is becoming the battle cry of the sale. It’s also the last words often said before something bad happens.
Now I am beginning to get a bit angry. At this point I feel that I was deliberately misled. Had I of known this I would have hired an A&P myself. Then I begin to get angry with myself for not having the plane inspected by an outside mechanic in the first place. Home many times had I read this in the forums! The fault is mine.
Again I look at the overall deal and decide that it is not worth walking away from over this. Perhaps he really does know the plane better than anybody. If that is the case then great, I could not ask for a better inspection. However, my B.S. flags are beginning to get raised. MY gut is telling me that something is seriously wrong.
The mechanic has the motor off of the plane in no time and the crowed takes turns looking it over as the A&P works and converses with them. The cheerful mood has taken a noticeable turn. Conversations are beginning to take place with hushed voices and shaking heads. I keep an ear out to catch what is happening. Working many car crashes over the years I have learned to read body language, and these folks do not like something but obviously do not wanting to voice what it is.
Then mechanic comes to me in that hushed voice and takes me aside for a conversation of our own. I’m officially nervous.
“I just wanted to tell you that the wiring harness is trash. It will fail. It looks like rats live in there. You wanted me to tell you if something looked unsafe for your flight. This is unsafe. I would not recommend you fly this plane in this shape.”
He explains that he has a harness across the airport that will work and goes to get it. Again I feel myself getting a bit angry. If the seller really knew what he was doing why didn’t he replace this already? Or is the mechanic pulling a fast one here? I look at the harness and it does look terrible. The wires are chaffed through in several places and been wrapped with electrical tape to cover the holes. The steel braiding has been cut in several places as well. Either way, I am in over my head at this point. Time to call the experts.
I make a quick call to my Cozy friend and explain the situation. We discuss the options and I decide that since I’m here i may as well keep looking at the deal. I am encouraged to always walk away if its that bad. Besides, I still have the check in my pocket and have not lost all of my money yet.
The mechanic returns and begins putting the motor back on the plane. The builder in the facing hanger has pulled his bird out and offers me a ride. We won’t be flying the seller’s plane today and I can always use more instruction in an EZ. More experience cannot be a bad thing!
We take off and head north to a nearby airfield. Almost immediately he gives the controls over to me. The feeling is incredible! The plane handles almost exactly like the simulator, although the sight picture is different from the back seat. We practice some turns and slow flight. He commends me on keeping it on the numbers. I am able to the see the ASI from my seat so I do my best to control airspeed with pitch while he handles the throttle. I feel the airplane really flew itself. Rutan really knew how to build these things!
We fly the pattern for a touch and go at a nearby airport. The owner talks me all the way down until a few seconds before touchdown when he take the plane back. As soon as we are back airborne he gives the plane back to me for the climb out and return flight.
We return after a 40-minute flight and again I am allowed to fly the approach until moments before touchdown. We head back to the hanger and arrive in time to see the mechanic loading up his gear for the day. He explains that they just finished and all is well. They try to fire the engine…Nothing.
The mechanic and his assistant dive back into the motor. They find the problem rather quickly.
“Did you know your hot wire to your starter is a coaxial cable off of a TV set? This was never intended to carry a current!”
“Well it’s worked for 17 years without a problem.” Yells the seller.
The assistant questions the legality of him fixing the wire. If it fails and people are hurt, will he be responsible? They decide to fix a new connector to the coaxial cable and try it again. This time it works. The assistant is still shaking his head as he leaves.
“I’m sorry about the wiring harness. I would have caught that if I had done the inspection. I’m not sure why he left it in there.” The mechanic tells me. “I do not like the coaxial cable on the starter. You should get that changed right away before it catches fire.”
My stomach is doing back flips. I feel cold.
The fellow I had just flown with comes over along with another former EZ pilot. The two have been allot of help and we are becoming fast friends. They have known the seller for several years. My seller seems a bit stand offish spending most of his time sitting in a chair in the hanger and no longer wanting to converse with anyone. He also says he has no intention of staying at the airport any longer and needs a nap. It’s 1:30PM.
We push the plane back into the hanger.
After returning to the seller’s apartment I receive a call from a friend who lives in the area that I had not seen in several years. Not needing a nap myself I take the opportunity to visit with my friend and get away form this situation I have found myself in. The seller and I agree to meet the following morning at the hanger.
The next morning I arrive for the pre-purchase inspection. The seller had just arrived and I help him to open the hanger and pull out the plane. The seller then notices that he had left the ignition on from the day before and the battery is now dead. We elect to inspect the plane while the battery charges.
The inspection begins in the cockpit with a familiarization. We begin with the breaker panel and the numerous unlabeled switches.
“What is this switch for?” I ask as I point to one.
“Nothing. I don’t think it’s connected to anything.”
“Ok, what does this one for?”
“I don’t know. “
“Do you have a wiring diagram we can look at?”
“No, never came with one.”
“What about this switch here?”
“That’s the left mag. No wait, it’s the starter I think.”
I feel myself getting angered again. Lets move on to something else and come back to this.
“What does this bungee cord for?” I ask.
“It holds the gear up.”
The problems are mounting already. I was assured the plane was in great mechanical condition and it obviously is not. The trust in the seller went out the window after the discovery of the wiring harness and coaxial cable. Pile those on top of the intercom issue, lack of knowledge of the basic switchology of his aircraft that he has owned for 17 years, and now a landing gear issue. What else…
“That’s for the landing light, but it hasn’t worked in years so I don’t use it. That’s why it won’t come down.” He explains as the tour continues.
I sit in the seat and do a stick wipeout and rudder deflection. The stick is sticking with full right deflection. The seller explains that this is normal but nothing to be worried about. I insist that it is not and we begin to investigate. We discover a 1/8th inch hole under the right wing just inside of the aileron attachment. Moving the stick we can see the head of a bolt moving over the hole. I assume that this is the attachment bolt from the control tube to the aileron. The seller insists that this cannot be the case and begins to fill it in with filler. No attempt was made to see if the bolt has backed out or lost the retainer nut. The stick continued to catch.
I also note that the left rudder remains deflected and will not return to neutral. The seller explains that this too is normal and it will return when sufficient aerodynamic forces build and push it back. Until then he just counters with opposite rudder. In the cases where if does not return he lands and manually forces it back. We discover that the rudder cable is catching on the edge of the autopilot and beginning to chafe. The seller fails to see this as any kind of a problem. Duct tape is placed on the edge of the autopilot in act as a chafing tape for the cable.
Although I am not a builder I know that sticking flight controls are bad universally. Add this to the now growing list.
The seller would like to take a quick flight before the weather gets to hot. I decline to go for a ride until he has flown off the recently changed magneto. Reluctantly he takes off.
While he is gone one of the other pilots stands with me to watch the flight. His conscience is bothering him so he finally speaks from the heart.
“I’v known ____ since he moved to this field but I had never really looked at his plane. If you are seriously going to buy it you may want to have him fly it out to your place.” Me tells me. “Once you get it home you can fix all the stuff that’s wrong with it.”
“Originally I had asked him to fly it out but he declined. He said he did not want to get a plane all the way across the country only to have the seller back out of the deal. He also said that its an adventure to fly cross country and that all pilots should have the chance. He kind of sold me on the idea really.”
As I write this I see just what a bad decision I made. The true test of a plane is if the owner will put his life on the line to fly it. This seller knew something. That is what my friends have advised me.
We watch him land and head for the fuel farm. We decide to go back to the hanger to wait. I ask the other pilot to help me review the paperwork since I am not an expert at these matters.
The seller has not kept logs well at all. His logs consist of a grocery bag half full of loose papers and two logbooks that have not been updated in several years. We begin to crawl through the bag and quickly discover that we are missing several items. The first notable item is recent transponder check.
When the seller returns I ask about his logs and the missing transponder check.
“I have never had one done, that’s why it’s not in there. I know it’s working when the tower reads back my altitude.”
“How can that be legal? What do I do if I am ramp checked?”
“You just never keep the logs with the plane. I’ve been ramp checked several times and they just don’t ask. If you want a check we can take it over to the radio shop in the morning and we can just add the cost to the sale.”
My head is spinning. What else could possibly go wrong? The plane was supposed to be ready to go. It’s not even legal at this point.
The seller is still sitting in the plane. “Lets go for a ride. I just topped off the tanks so you will see how she handles loaded over gross.”
He cannot be serious! I do a quick weight and balance with my palm pilot. He is flying at over 1700lbs on a 90-degree day in a plane that just had the engine off the day before. The gear is loose and needs held up with a bungee cord, which does not guarantee that the gear will not bounce out of the over lock. By the way, the intercom that he borrowed doesn’t work so we will not be able to communicate for the duration of the flight.
I protest the weight and balance issue as a means of avoiding a flight. He points to two fuel cans that are empty and says I can offload 10 gallons if it would make me feel better. I then do the dumbest thing I have ever done in my life. I offload 10 gallons and take a flight in this machine. My angle was with me that day!
We take off. I can see the ASI and note that we are just over stall throughout the climb. Once we are at altitude he gives me hand signals. Points left to turn left. Points right to turn right. This is true vintage flying.
We round a mountaintop and head back towards the airport. Then the unthinkable happens. The engine looses power. I feel the plane sink as the engine struggles. I cannot ask questions since we have no intercom. I start looking for a soft spot to aim at. My mind is racing. There is not much I can do from the back seat. I look at the switch panel hoping that he is testing the mags or trouble shooting the problem. I look over to the left side of the cockpit to see if the mixture has been bumped but cannot tell from my vantage point. 15-20 seconds into this power suddenly returns. I climb. We land uneventfully.
“You flew it perfectly! You were on the number the whole time and held altitude. You will be fine flying home. You ready to begin your taxi tests?”
“What the happened up there?! Why did we loose power?!”
“We never lost power. What are you talking about? Never happened.”
I go over the flight as it happened from the back seat. Apparently the front seat was someplace other than attached to the plane I was ridding in. He is adamant that the event never happened. I am officially pissed! I know what happened, I was there. Interestingly, later in his version of events he states that he had changed power setting and that made it run rough for a few seconds. He also went on to retract his assessment of my piloting abilities. A complete 180 from his statements and actions that day. A testament to character I suppose. At this point it is not surprising.
At this point I could not take anymore. I sat down with the seller and expressed my concerns. His mood instantly became hostile.
“Well then lets get you to the airport. Sorry you are out your $2000 but it is a good lesson for you. Maybe you need to stay out of experimentals if that flight scared you.”
I tell him I need to make a phone call and I’ll be right back. I leave the hanger and call my friend who has been helping me. He advises I walk. After the call is over I walk back over to the hanger. The seller has already put the plane away and is ready to go home. One of the other pilots comes over and says he would like to give me a ride in his plane and I should come over. He will give me a ride to the seller’s house when we land. I accept the offer as a reason to just get away from the seller for a few minutes and collect my thoughts.
We walk over to the other pilot’s hanger. He knows I’m destroyed right now. He has called another pilot over that I had met the first day I arrived at the hanger with 3 EZ’s. We will call him pilot #2. He is also a Long-Ez pilot/owner.
The intervention begins.
“We have known _ _ for years, but we have to say that his plane is not safe and it is going to kill you.”
The final nail.
“You need to get on an airplane, go home, and live. Just walk away.” They tell me.
“Can I speak with his hangermate? He seems to do allot of the work on this plane.” I ask.
“(The hangermate) has been keeping clear of this whole thing for a reason. He wants nothing to do with the deal. He does not want his name affiliated with this transaction.” I am told.
These are his friends speaking! The ones he introduced me to the first day. The ones who spoke in hushed voices when the motor was pulled off and they looked under the cowling. I know what they are saying is true, but that doesn’t soften the blow.
I look each in the eye and ask them “would you fly this plane to Va?”
Each looks me squarely back and says emphatically “No!”
We talk for a bit longer. Stories are relayed about gear up landings and how the plane has been tipped up on its tail several times. None of this has been reveled to me earlier except for mention by the seller of one gear up landing where he managed to hold the nose off long enough to deploy the gear. Unfortunately nothing they can say is earth shattering at this point.
Finally I ask to be driven to the seller’s home. I have made my decision; I just have to stick with it. When I arrive I stay outside in order to call my wife and bite the bullet. I explain the situation to her. To my surprise rather than being upset about the money she is relieved that I had the capacity to walk away. She knows this is my dream. I eat, breath, and sleep Long-Ez. She knows how much I wanted this. She just wants me home at this point.
With some quick work on the Internet we find me a flight back and a rental car since the cheapest flight leaves in 3 days. I will stay with my friend until then. I remember how blessed I am that she tolerates me. Truly she is a remarkable woman. A second call to pilot #1 secures me a ride to the airport to get the rental car.
I walk back to the seller’s apartment. I quickly gather my things. The seller asks me if I have the check for the payment. He wants to begin the paperwork for the transfer before taxi tests begin the next morning.
“_ _, I can’t buy the plane. I feel that it has been grossly misrepresented and I want my deposit back.”
“Well you not getting it back. It was a nonrefundable deposit. Good-by.”
I’m screwed. How on earth did I allow myself to make such a chain of bad decisions? I head for the airport with pilot #1 who advises me that I have made one the best decisions in my life. He goes on to explain that he had no idea that the seller was the type of person that he witnessed over the last few days. We part ways after I thank him for all of his help.
I refrained from posting any of this for well over a month while I spoke with the seller and several attorneys. The seller refuses to return the deposit. The attorneys advise me that I will the case no problem, but it will cost more than I have lost. We are exploring placing a lien on the aircraft should it ever sell and this seems to be the best option. We are also exploring suing for fraud for the entire amount as well as court costs and attorneys fees.
Pilot #1 and I spoke recently and he said that the seller was kicked out of his hanger after I left. The seller’s son was also asked to leave his hanger. Several of the pilots have made it their duty to warn any potential buys of the true condition of the plane should it sell.
I contacted the FSDO and began to tell the story to an investigator. Before I could say the names of the parties involved he already knew who they were. The A&P apparently has a history of shady deals and has been investigated by the FSDO on several occasions. That did not make me feel any better.
Since this event I have not flown. My desire just isn’t there right now. I hope it returns because flying has brought tremendous joy in the past. Several other pilots have emailed me their personal stories in dealing with this seller in the past, as well as their experiences when they had considered purchasing this plane. If what these other pilots say is correct then there has been a history of deception by this seller. I only wish they would have come forward earlier. I know that this seller represents a small portion in the community and I just had the misfortune of meeting him, but responsibility is really mine.
I spent countless hours researching these planes and how to go about buying one. Several members gave me excellent advice. One offered to fly out to California with me to help ferry the plane back as well as look it over. I listened to each of them and then promptly did exactly the opposite. I set myself up for failure for the start. I was walking in a bad part of town and got mugged when I had been warned and I knew better. I let emotion overrule good decision-making.
The seller was right; it was a very expensive and painful lesson. For you buyers out there, learn from my mistakes.
· Have a third party help you find a plane. Preferably a builder.
· Hire an A&P to perform a conditional.
· Have the seller fly the plane to you if possible.
· Make you deposit only as big as you are willing to walk away from.
· Most importantly, have a contract signed by all parties before any money changes hands.
· Do not put stock into the seller’s reputation.
· Insist on seeing the logs early in the negotiations. If the plane has been taken care of the logs will reflect this. Without logs its just taking a persons word as to the condition and history.
· Most importantly, have a contract signed by all parties before any money changes hands
Had I followed any one of these I would not have found myself in this situation. Make no mistake; there are those who lack and moral or ethical convictions that obligate them to do the right thing. Have somebody who is emotionally detached from the sale hold the checkbook. This is similar to Rutan’s recommendation of giving the key to your plane to another pilot when you are close to first flight.
To those of you out there in Ca and those on this board who helped me out I give you my sincerest thanks. You are the heart of the aviation community. We need most definitely need more like you. Sometimes the hardest thing to do is speak with your conscience. Although you may have lost a friend on your field, you undoubtedly saved a life.
Allen"
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