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Jay Mesinger
Questions & Answers
May 5, 2005:
Q: My Company is in the process of acquiring a used
Falcon 2000. I understand that the aircraft cannot be taken
out of the United States on the pink registration
certificate that is filed with the FAA at closing.
A: First, the bad news. If the aircraft is a US
registered aircraft and has an N number registration, it
cannot be flown out of the US on the temporary or pink
registration certificate.
Now the good news! At closing, when all of other pertinent
paperwork is being filed with the FAA, usually through a
title company, you can file what is called a ‘Declaration of
International Operation form.’ This form allows you to
designate a true upcoming international flight.
You must designate the flight by date and destination. Once
filed and the title is transferred, the FAA will process
this request and fax back to you a telex that will take the
place of the pink or temporary certificate.
This new ‘Fly Wire’ will be placed in the aircraft and allow
you to leave the US immediately upon receipt. This
processing should occur within 36 hours of filing if filed
on a business day and also starts the full process of
permanent registration. You should get the hard copy of the
registration in the mail within days. No need to wait for
that to start your adventure!
Q: My Company is selling its Citation X. We have been
a customer of Citation for years and we still have an active
account with the Cessna Service Centers.
Upon the aircraft being inducted into the service centre for
the pre-buy, we were told that we would have to settle the
bill on what was described as a COD basis before the
aircraft would be allowed to leave the service centre.
In fact, the buyers, who were also long-term Cessna
customers, were told the same thing. They had to pay up
front for the inspection rather than being allowed to charge
the inspection on their bill. This was a shock to both
sides. Is this normal?
A: The short answer is yes! I might mention right up
front that this practice is not just a Cessna Citation
practice, nor is it about you or
your buyer’s past performance. This is what all facilities,
both factory owned or independent, use as a standard
business practice for pre-buy inspections and corrective
action charges.
The entire pre-buy experience can be one of high emotions
and broken dreams. Sometimes, as the inspection process
reveals deficiencies that are not known to the buyer or the
cost to repair the items discovered begins to grow, either
the buyer or seller may begin to get uncomfortable and
unwind the deal.
This can leave the facility in the middle holding a bag of
costs that are not meant to be borne by the facility, but by
one of the respective parties. Buyers, angry about the
seller not being willing to correct an item, may walk from
the deal and not want to pay for the inspection.
The same can be true for a seller who agrees to fix an item
that if they were not selling, may not have addressed and
feels violated if the buyer walks. Unfortunately, this
history burdens everyone regardless of intention or past
performance.
So remember, this is not about you. It is about the business
practices of companies who have a memory of being in the
middle of deals that fall away prior to closing.
I might close with the most important point. Deals that do
not close or items found that are misrepresented are rare!
Enter a sales or acquisition process with confidence of a
great completion.
- Jay Mesinger
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