This subject has been a burr under my saddle for a long time! Looking back on my one aircraft purchase a decade ago, I would not combine my next annual with my pre-buy. A pre-buy is not defined anywhere. Make sure your expectations are discussed and will be met up front!
I was expecting 2 things:
1 - an annual because it needed one
2 – what I wanted to see was written list assessing how it looked, what was going to need attention going forward short and long term.
I feel the problem with combining the two is the annual sign off.
Per §43.11 the annual must have one of 2 results:
#1 - if the aircraft is found to be airworthy and approved for return to service, the following or a similarly worded statement—“I certify that this aircraft has been inspected in accordance with (insert type) inspection and was determined to be in airworthy condition.”
or
#2 - if the aircraft is not approved for return to service because of needed maintenance, noncompliance with applicable specifications, airworthiness directives, or other approved data, the following or a similarly worded statement—“I certify that this aircraft has been inspected in accordance with (insert type) inspection and a list of discrepancies and un-airworthy items dated (date) has been provided for the aircraft owner or operator.”
The seller was very afraid his aircraft would be grounded someplace for some reason, it was 30 plus years old. There were undocumented modifications done by people that did not know what they were doing but, you had to look for them. Some were done way back.
I didn’t ensure the FBO & AI knew what I wanted to begin with. I’m not sure the shop could have given me a list of the items that really didn't look so great without grounding the airplane.
If you are buying your first airplane, I recommend you go through CFR Title 14 and at a minimum find all the Part 91 and Part 43 requirements that mentions records.
Also, FAR § 91.419 Transfer of maintenance records specifies what records must be transferred at the time of sale.
I don’t think it’s really a complete list. In addition to those requirements, I think a buyer should also get all records related to the STCs accomplished on the aircraft, along with the instructions for continued airworthiness and any pilot operating supplements and STC permission letters. STC permission leters are mentioned in §91.403, also 49 U.S. Code § 44704.
This is also something I think someone doing a pre-buy should try to identify. I would ask my pre-buy person to go through that airplane and in addition to everything else try to identify every Major Alteration and the paperwork that approved it. That is where did every instrument, control and switch not listed in the POH come from. I would have them identify every accessory or component was wasn't part of the original build and it's approval source. People do things to old airplanes.
FAR 3.5 tells us what “Airworthy” means. To paraphrase, it’s that the plane is in the approved configuration and maintained in a safe condition. In my mind the Type Certificate and Supplements to the Type certificate define the "approved configuration." STCs may alter the aircraft limitations and performance too. How can the new owner keep it airworthy if they don’t have the data on the approved configuration?
A separate inspection for prebuy will have a price. Very likely it will end up giving you bargaining power, if you are a good negotiator. The buyer is trying to determine the value of the aircraft. If it's not in the approved configuration it needs to be and it's the owner/operators job to get it that way.. The annual is maintenance required by regulations to verify it's safe to fly.
No pre-buy or annual is likely to discover everything, especially in an old airplane.
