Need Some Advice Re New Co-Ownership and Insurance

lovetwinprops

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lovetwinprops
Hi-

I'd appreciate some advice.

As I mentioned in a recent thread introducing my new plane, I am in a co-ownership with "Bob" which began on 9/3. Bob had co-owned the plane for over 15-1/2 years with "Bill." They had been looking -- though not hard -- for a third partner to share expenses, finance the engine overhaul, etc. But right about the time I contacted Bob about the 1/3 co-ownership, at the end of April, Bill told Bob that he wanted to sell.

Bob really didn't want to sell the plane. He figured that, having owned it so long, and at 66 years of age, he didn't want to go back to being a renter; he said to me that, if they sold the plane, he wouldn't fly anymore at all.

The reality was, over a 2-year period, they had had no inquiries from anyone who was really serious about joining in as a 1/3 partner; and Bob told me that if I didn't buy Bill's share, he didn't think it would be possible to find another 1/2 co-owner so he could stay on. The basic message I got was that, if I didn't buy Bill's 50%, they'd have no choice but to put the plane up for sale. At the same time, even if I did buy Bill's 50%, Bob was concerned that, because it would still be just he and one other person (whose investment would be in paying Bill), there still wouldn't be the money for the overhaul that the hoped-for third co-owner would have brought in.

Throughout the past nearly 5 months, Bob has repeatedly and matter-of-factly said he knew his expenses would go up if I bought Bill's 50% of the plane, as I had zero time in make and model and fewer than 10 hours complex and high-performance. He seemed to accept that the price of his being able to continue owning and flying the plane was an increase in his share of the fixed costs (because of insurance).

So after a bit of wrangling with insurance companies, we got a policy on 9/11. Bob and Bill's previous insurance was $1,311 per year, and the new insurance is $1,970 (actually $2,070 minus a $100 discount negotiated by the agent). That's a difference of $659, or $329.50 ($27.46 per month) each. Now we're just doing the final paperwork and deciding whether to pay up front or finance the insurance with monthly payments.

Then, last night I got the following text from Bob:

I also need to talk to you about the surcharge due to experience. I don't feel I should be hit with a bill for an extra $400 for the insurance because of your low hours. I feel you need to handle that yourself but we can talk about it.

I was flabbergasted, as he had always seemed to fully accept that his costs would go up a bit so he could keep the plane.

Unfortunately, we have not finalized the language of our Co-ownership Agreement, though we're close. If it had been finished and signed, this would be a non-issue because it would be spelled out in a legal agreement.

My gut reaction was that I should fire off a note to him, "Why are you springing this on me now? Why didn't you discuss this with me months ago, or even ONE month ago, before I bought Bill's 50% share?" But so far I have not responded at all.

Considering all the above, what advice do you have for me? Should I try to reason and negotiate with Bob about this? Should I dig in my heels because he never mentioned it before; if anything, he stated the opposite? Should I accede to his wishes? Other ideas?

Thanks very much for your consideration and (hopefully) wise counsel.


Gerry
 
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When I bought into a Lance. I paid more than my share for a couple of years until I got my hours up. I was fine with it. But then again, I knew that was the deal going in. I hope you guys are able to come to an agreement and you're both able to enjoy the plane!
 
Hi-

I'd appreciate some advice.

As I mentioned in a recent thread introducing my new plane, I am in a co-ownership with "Bob" which began on 9/3. Bob had co-owned the plane for over 15-1/2 years with "Bill." They had been looking -- though not hard -- for a third partner to share expenses, finance the engine overhaul, etc. But right about the time I contacted Bob about the 1/3 co-ownership, at the end of April, Bill told Bob that he wanted to sell.

Bob really didn't want to sell the plane. He figured that, having owned it so long, and at 66 years of age, he didn't want to go back to being a renter; he said to me that, if they sold the plane, he wouldn't fly anymore at all.

The reality was, over a 2-year period, they had had no inquiries from anyone who was really serious about joining in as a 1/3 partner; and Bob told me that if I didn't buy Bill's share, he didn't think it would be possible to find another 1/2 co-owner so he could stay on. The basic message I got was that, if I didn't buy Bill's 50%, they'd have no choice but to put the plane up for sale. At the same time, even if I did buy Bill's 50%, Bob was concerned that, because it would still be just he and one other person (whose investment would be in paying Bill), there still wouldn't be the money for the overhaul that the hoped-for third co-owner would have brought in.

Throughout the past nearly 5 months, Bob has repeatedly and matter-of-factly said he knew his expenses would go up if I bought Bill's 50% of the plane, as I had zero time in make and model and fewer than 10 hours complex and high-performance. He seemed to accept that the price of his being able to continue owning and flying the plane was an increase in his share of the fixed costs (because of insurance).

So after a bit of wrangling with insurance companies, we got a policy on 9/11. Bob and Bill's previous insurance was $1,311 per year, and the new insurance is $1,970 (actually $2,070 minus a $100 discount negotiated by the agent). That's a difference of $659, or $329.50 ($27.46 per month) each. Now we're just doing the final paperwork and deciding whether to pay up front or finance the insurance with monthly payments.

Then, last night I got the following text from Bob:

I also need to talk to you about the surcharge due to experience. I don't feel I should be hit with a bill for an extra $400 for the insurance because of your low hours. I feel you need to handle that yourself but we can talk about it.

I was flabbergasted, as he had always seemed to fully accept that his costs would go up a bit so he could keep the plane.

Unfortunately, we have not finalized the language of our Co-ownership Agreement, though we're close. If it had been finished and signed, this would be a non-issue because it would be spelled out in a legal agreement.

My gut reaction was that I should fire off a note to him, "Why are you springing this on me now? Why didn't you discuss this with me months ago, or even ONE month ago, before I bought Bill's 50% share?" But so far I have not responded at all.

Considering all the above, what advice do you have for me? Should I try to reason and negotiate with Bob about this? Should I dig in my heels because he never mentioned it before; if anything, he stated the opposite? Should I accede to his wishes? Other ideas?

Thanks very much for your consideration and (hopefully) wise counsel.


Gerry

I believe it should have been finalized before you bought the share and your co ownership agreement should have been finalized prior. However, you can't unring a bell.

With that said, I would have a frank discussion with your partner. Express your thoughts and see if you can work it out. If you think about it, while I understand the principle behind your angst, bottom line is you spent a lot on the plane and a few hundred dollars isn't that big a deal in the big picture. Also, why should your partner be penalized? Most likely the insurance will drop as your experience level rises.

Good luck!
 
You guys should have a co- ownership agreement that spells out all such matters...you can download a sample from AOPA. But for the matter at hand, any partnership agreement I have ever read spells out that any the partner lacking experience that causes any surcharge is responsible for the difference, just as any partner who may cause a claim is responsible for any increased premium that might result.

I don't think Bill is out of line, but my advice is enter into a written agreement before there's real money in dispute...I think Bill probably had mx and related issues in mind when he figured his expenses would go up as the plane gets more use. You are each paying a fixed monthly and hourly reserve, I hope...
 
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If he has an issue over this fairly minor expense, you're in for bigger trouble down the road. How is the airplane owned? LLC? That may make some difference.
 
What I would have it spelled out in the agreement that you would be responsible for the surcharge. However if he's in a bind maybe you can exploit that and have him split that.... Not the best way to start a partnership though.
 
That discussion should have been made before you bought the share. How many times are you going to be given added charges . You may have more problems than you think,in this partnership. Good luck.
 
This is exactly why I don't do partnerships, ever. Too much potential for drama. They say the only ship that doesn't sail is a partnership, and I think there's some truth to that.

It sounds like money changed hands before your agreement was finalized, too, which is even scarier. Am I understanding that right?

I think the other person's request is perfectly reasonable, and a few hundred bucks shouldn't be a deal breaker. But if I were you, I'd get the agreement in writing ASAP before he asks for more surprise concessions from you. With him holding the money and nothing in writing, it has the potential to turn into a huge mess.

Good luck!
 
If he has an issue over this fairly minor expense, you're in for bigger trouble down the road. How is the airplane owned? LLC? That may make some difference.

This. Not a good way to start a partnership.
 
It sounds like money changed hands before your agreement was finalized, too, which is even scarier. Am I understanding that right?
Good luck!

Money changed hands between Bill and me. Bob was not involved, other than to give his consent as per Bill and Bob's Co-Ownership Agreement. Bob and Bill didn't do their Co-Ownership Agreement until about 10 months after they bought the plane back in 2000.

I will expedite getting the Agreement ready for Bob and me to sign. We are using the AOPA sample, as well as the one Bill and Bob had, which was also based on the AOPA sample.


Gerry
 
Oops this was for your other thread. I'll put it there.
 
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I'd say it would be your expense, it's based on your experience, seems reasonable for you to pay it.
 
I'd say it would be your expense, it's based on your experience, seems reasonable for you to pay it.

Except the guy had originally told him that they'd split it when he bought in. That's the problem I have with this deal. I suspect this is just foreshadowing how it's going to be to deal with this partner.
 
First of all, thanks so much to all of you who replied and shared your thoughts, experiences, and advice. I completely agree with so many of you that this should have been spelled out -- in writing -- much earlier in the process.

I sent an e-mail to Bob letting him know up front that I agree that the extra cost of insurance because of my low hours is my responsibility, not his. Then I told him that my only concern was the way it came up and why I found his Saturday evening text a surprise (I avoided saying he "sprung" it on me, as that sounds confrontational).

Finally, to conclude the e-mail and hopefully set us on a good path forward, I wrote, "The bottom line is I'd just like to make sure that we both make the effort to communicate clearly with each other, so neither of us has any unwanted surprises. That's a two-way street, of course, and I commit to you that I'll do my part. If I don't, please let me know that. I want this to be a friendly, cooperative partnership in this great plane."

This morning, Bob replied to my e-mail. He apologized for the way it came across to me as coming up suddenly, saying that he had been thinking about it since we started getting quotes.

As I noted in my OP, his text had said, "...I feel you need to handle that yourself but we can talk about it." So in the e-mail he explained the "talk about it" part, saying he wanted to be a "good partner and help." Then he said, "I was even thinking I will even pay for a share of the surcharge like a 40/60% split which means I don't mind paying a couple hundred of the surcharge. I hope your ok with this."

I called him and we discussed a bit further by phone. I told him I appreciate his kind offer, but I would take care of the extra insurance cost. Frankly, I don't want any feelings or undercurrent of resentment or unfairness in the future. It was a good conversation, and I think we're on a good footing moving forward.

Now on to finalizing that co-ownership agreement....

Thanks again, everyone!


Gerry
 
Glad to hear you're working it out. Having a partner with 15 years of ownership experience in the plane will be very beneficial to you in the long run. Don't sweat the small stuff.
 
I would probably be okay with covering the insurance cost increase for the first year, but all future insurance amounts would be split evenly.
 
I had a similar hour problem when I joined my co-ownership. I told them any increase due to me would be my problem to deal with.

Then I went and rented for four more hours.

The insurance company said we could re-quote at any time, however. If you're only 10 hours away, pay the difference and then hammer out the 10 hours (shouldn't take long, you own an airplane!) and have the insurance re-quoted as soon as they're in the logbook.

But I agree with other posters, it's your logbook upping the price, so it's your bill to pay the delta until you fix it. ;)
 
First of all, thanks so much to all of you who replied and shared your thoughts, experiences, and advice. I completely agree with so many of you that this should have been spelled out -- in writing -- much earlier in the process.

I sent an e-mail to Bob letting him know up front that I agree that the extra cost of insurance because of my low hours is my responsibility, not his. Then I told him that my only concern was the way it came up and why I found his Saturday evening text a surprise (I avoided saying he "sprung" it on me, as that sounds confrontational).

Finally, to conclude the e-mail and hopefully set us on a good path forward, I wrote, "The bottom line is I'd just like to make sure that we both make the effort to communicate clearly with each other, so neither of us has any unwanted surprises. That's a two-way street, of course, and I commit to you that I'll do my part. If I don't, please let me know that. I want this to be a friendly, cooperative partnership in this great plane."

This morning, Bob replied to my e-mail. He apologized for the way it came across to me as coming up suddenly, saying that he had been thinking about it since we started getting quotes.

As I noted in my OP, his text had said, "...I feel you need to handle that yourself but we can talk about it." So in the e-mail he explained the "talk about it" part, saying he wanted to be a "good partner and help." Then he said, "I was even thinking I will even pay for a share of the surcharge like a 40/60% split which means I don't mind paying a couple hundred of the surcharge. I hope your ok with this."

I called him and we discussed a bit further by phone. I told him I appreciate his kind offer, but I would take care of the extra insurance cost. Frankly, I don't want any feelings or undercurrent of resentment or unfairness in the future. It was a good conversation, and I think we're on a good footing moving forward.

Now on to finalizing that co-ownership agreement....

Thanks again, everyone!


Gerry


Wow. Can I get in a partnership with you guys? Sounds like you are both trying to make it work and looking at it more as a long term commitment.

Good luck!

TJ


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Wow. Can I get in a partnership with you guys? Sounds like you are both trying to make it work and looking at it more as a long term commitment.

Good luck!

TJ

Thanks, TJ, and YES! We are going to be looking for a third partner, whose investment will be used to modernize the avionics and panel, and fix up a few other little things that could use some attention. The only caveat for you is that you'd need to move from KC to a reasonable driving distance from KPOC! :)


Gerry
 
I agree with the the suggestion that you pay the first year increase and then go to straight share. You should also put that in your partnership documents so when you do find a third person and their experience requires an adjustment you have the same protection.

We have 14 people in our partnership and the insurance is rated to the least experienced. (happens to be me... only 350hrs and not IFR yet but that's another thread)
 
Sort of late to the game, but an insurance broker once explained this to me. Here is our exchange....

He also said that a typical way to divide the costs is like this:

Pilots A and B. A is more qualified.
Get a quote for both pilots having the experience of A, call that $X
Get a quote for pilots at actual experience levels, call that $Y

A pays (X/2)
B pays (X/2)+(Y-X)

I have a question in to him about how to go about getting price estimates with 3 and 4 partners. He did say that this division is all handled by the insured group. The insurance co just wants the one check from the group, LLC, whatever....

A later reply

You pretty much have the scenario down for multiple pilots up to 3 pilots.
Once you go to four or more pilots – it shrinks the number of markets willing to quote,
and of course not all companies will quote high risk (non-instrument rated and low time
pilots). I would try and keep it to 3 or less pilots, and 4 at max.
In regards to the breakdown in premium – we really do not get a quote for each individual
pilot. We just get one with the more experienced pilot, and then one with the least experienced,
and maybe one if there is a pilot that fits between the high and low time pilots.

Hope this helps.
 
Wow. Can I get in a partnership with you guys? Sounds like you are both trying to make it work and looking at it more as a long term commitment.

Good luck!

TJ


Sent from my iPhone using Tapatalk

X2

Sounds like it's working out well and you have a sensible partner. :yes:
 
I agree with the the suggestion that you pay the first year increase and then go to straight share. You should also put that in your partnership documents so when you do find a third person and their experience requires an adjustment you have the same protection.

Good suggestion. Thanks.


Gerry
 
Sort of late to the game, but an insurance broker once explained this to me. Here is our exchange....
...
A later reply
...
Hope this helps.

It does, thanks. I haven't put it in the form of an equation, but my math was along those same lines.


Gerry
 
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