Chapter 2: Buying an Aircraft
m CAUTION: Federal liens against an owner
(drug, repossession, etc.) may not show up on your
title search.
State law determines lien and security interests.
Although there is no federal requirement to file lien
or security instruments with the FAA, the parties
to these transactions can file their qualifying
documents with AFS-750.
You may search the aircraft records, or have this
done by an attorney or aircraft title search company.
m CAUTION: FAA registration cannot be used in
any civil proceeding to establish proof of ownership.
There is no substitute for examining the aircraft’s
records to secure an ownership history and to
determine if there are any outstanding liens or
mortgages. This procedure should help avoid a
delay in registering an aircraft.
Filing Ownership and Lien Documents
Filing ownership and lien documents constitutes
formal notice to the world of the ownership and
security interests recorded. A person who engages
in a financial transaction involving a U.S. registered
aircraft who does not have a title search performed
is taking a risk. Under the law, that person will be
charged with knowing what is on file with the FAA,
even if he or she does not actually know. A simple
title search will show the federally recorded owner-
ship and lien status of any aircraft registered in
the United States.
When a Lien Is Recorded
When a security agreement or lien document is
recorded, the FAA sends an Aeronautical Center (AC)
Form 8050-41, Conveyance Recordation Notice, to
the secured party. This notice describes the affected
aircraft (and other eligible collateral such as engines,
propellers and air carrier spare parts locations). It
also identifies the recorded document by its date,
the parties, the FAA recording number, and date
of recordation. This recordation notice is sent as a
confirmation that the lien has been recorded and
added to the aircraft record.
Releasing a Recorded Lien
The FAA Form 8050-41 may be used as a release
if the secured party signs below the release statement
and returns the form to the AFS-750. The FAA may
also accept as a release a document that describes
the affected collateral, specifically identifies the lien,
and contains a statement releasing all lienholder
rights and interest in the described collateral from
the terms of the identified lien. The release document
must be signed in ink by the secured party and show
the signer’s title, as appropriate.
A new AC Form 8050-41 may be requested by con-
tacting AFS-750. You will need to describe the aircraft
and the lien document sufficiently to identify the
specific document needing release. AFS-750 contact
information is in the FAA Contact Information
appendix on pages A1–A2 of this handbook.
Aircraft documents
There are numerous documents that should be
reviewed and transferred when you purchase an
aircraft.
Bill of Sale or Conditional Sales Contract
The bill of sale or conditional sales contract is your
proof of purchase of the aircraft and will be recorded
with the FAA to protect your ownership interest.
Airworthiness Certificate
The aircraft should have either FAA Form 8100-2,
Standard Airworthiness Certificate, or FAA Form
8130-7, Special Airworthiness Certificate.
Maintenance Records
The previous owner of the aircraft should provide
the aircraft’s maintenance records containing the
following information:
• The total time in service of the airframe, each
engine, and each propeller;
• The current status of life-limited parts of each
airframe, engine, propeller, rotor, and appliance;
• The time since last overhaul of all items installed
on the aircraft that are required to be overhauled
on a specified time basis;
• The identification of the current inspection status
of the aircraft, including the time since the last
inspection required by the inspection program
under which the aircraft and its appliances are
maintained;
• The current status of applicable ADs, including
for each the method of compliance, the AD
number, revision date, and if the AD involves
recurring action, the time and date when the next
action is required; and
• A copy of current major alterations to each
airframe, engine, propeller, rotor, and appliance.
Plane Sense
manuals
Manufacturers produce owner’s manuals, main-
tenance manuals, service letters and bulletins, and
other technical data pertaining to their aircraft.
These may be available from the previous owner, but
are not required to be transferred to a purchaser.
If the service manuals are not available from the pre-
vious owner, you can usually obtain them from
the aircraft manufacturer.
Airworthiness
Two conditions must be met for a standard category
aircraft to be considered airworthy:
• The aircraft conforms to its type design (type
certificate). Conformity to type design is attained
when the required and proper components are
installed that are consistent with the drawings,
specifications, and other data that are part of the
type certificate. Conformity includes applicable
Supplemental Type Certificate(s) (STC) and
field-approval alterations.
• The aircraft is in condition for safe operation,
referring to the condition of the aircraft with
relation to wear and deterioration.
maintenance
14 CFR part 91, section 91.403, places primary
responsibility upon the owner for maintaining the
aircraft in an airworthy condition. This includes
compliance with applicable ADs. The owner is
responsible for ensuring that maintenance personnel
make appropriate entries in the aircraft main-
tenance records, indicating that the aircraft has been
approved for return to service. In addition, the owner
is responsible for having maintenance performed
that may be required between scheduled inspections.
Inoperative instruments or equipment that can be
deferred under 14 CFR part 91, section 91.213(d)(2),
will be placarded and maintenance recorded in
accordance with 14 CFR part 43, section 43.9.
Pre-Purchase inspection
Before buying an aircraft, you should have a mechanic
you trust give the aircraft a thorough inspection
and provide you with a written report of its condition.
While a pre-purchase inspection need not be an
annual inspection, it should include at least a dif-
ferential compression check on each cylinder of the
engine and any other inspections necessary to
determine the condition of the aircraft. In addition
to a mechanical inspection, the aircraft logbooks
and other records should be carefully reviewed for
such things as FAA Form 337, Report of Major
Repair or Alteration, AD compliance, the status of
service bulletins and letters, and aircraft/component
serial numbers.
light-sport Aircraft
Light-sport aircraft is a growing sector of the general
aviation community, specific to the United States.
Several resources are available if you have questions
about acquiring a light-sport aircraft. You can contact
the FAA Light Sport Aviation Branch (AFS-610),
your local FAA Flight Standards District Office
(FSDO), or the Experimental Aircraft Association
(EAA) for assistance. Chapter 6 discusses light-sport
aircraft in greater detail. AFS-610 contact informa-
tion is in the FAA Contact Information appendix on
pages A1–A2 of this handbook.
Amateur-Built Aircraft
There are several unique considerations when
purchasing an amateur-built aircraft. The pros-
pective buyer is advised to have someone familiar
with the type of aircraft check the aircraft of interest
for workmanship, general construction integrity,
and compliance with the applicable 14 CFR parts.
You can contact your local FAA Manufacturing
Inspection District Office (MIDO) or FSDO to speak
with an FAA aviation safety inspector (ASI) who
can explain the requirements for experimental
certification.
Chapter 2: Buying an Aircraft
Things to consider when buying an amateur-built
aircraft:
• Examine the Special Airworthiness Certificate
and its operating limitations. This certificate is
used for all aircraft that fall under experimental
status and states for what purpose it was issued.
The operating limitations specify any operating
restrictions that may apply to the aircraft.
• Check the aircraft maintenance records of
the airframe, engine, propeller, and accessories.
Under 14 CFR part 91, sections 91.305 and
91.319(b), all initial flight operations of experi-
mental aircraft may be limited to an assigned
flight test area. This is called Phase I. The
aircraft is flown in this designated area until it
is shown to be controllable throughout its normal
range of speeds and all maneuvers to be executed,
and that it has not displayed any hazardous
operating characteristics or design features.
The required flight time may vary for each
type of aircraft and is covered in the operating
limitations.
• After the flight time requirements are met, the
owner/operator endorses the aircraft logbook
with a statement certifying that the prescribed
flight hours are completed and the aircraft
complies with 14 CFR part 91, section 91.319(b).
Phase I records are retained for the life of the
aircraft.
• In Phase II, the FAA may prescribe Operating
Limitations for an unlimited duration,
as appropriate.
• Before taking delivery of the aircraft, make
a final pre-purchase inspection. Ensure that
the Special Airworthiness Certificate, Operating
Limitations, Aircraft Data Plate, Weight and
Balance data, Aircraft Maintenance Records,
and any other required documents are with the
aircraft. If the Special Airworthiness Certificate,
Operating Limitations, and Aircraft Data Plate
are surrendered to the FAA by the original
builder, you may not be able to recertificate the
aircraft because you are not the builder.
• Amateur-built aircraft require a condition in-
spection within the previous 12 calendar months.
This inspection requirement and those who are
eligible to work on the aircraft are addressed
in the Operating Limitations of that particular
aircraft.
military surplus Aircraft
Certain surplus military aircraft are not eligible for
FAA certification in the STANDARD, RESTRICTED,
or LIMITED classifications. The FAA, in cooperation
with the Department of Defense (DOD), normally
performs preliminary “screening” inspections on
surplus military aircraft to determine the civil certi-
fication potential of the aircraft. For aircraft eligible
for potential certification, you must “show” the FAA
that your aircraft conforms to the FAA-approved
type design (type certificate), and that the aircraft is
in a condition for safe operation (airworthy). This
means you are required to provide the technical
data necessary to support this showing.
For example, certain military surplus aircraft may
be eligible for certification in the RESTRICTED
category and modified for special purpose operations.
Military-derived RESTRICTED category aircraft may
be manufactured in the United States or in a foreign
country, but military surplus aircraft must be surplus
of the U.S. Armed Forces. The FAA bases its certi-
fication on the operation and maintenance of the air-
craft including review of the service life of the aircraft
and any modifications.
When an aircraft has been modified by the military, you
must either return the aircraft to the originally approved
civil configuration, or obtain FAA design approval for
the military modification. This is accomplished through
the STC process. The STC process is also necessary
for modifications to the aircraft for a special purpose
operation (e.g., crop dusting). Once the FAA determines
that the military surplus aircraft conforms to the FAA-
approved type design, as noted in FAA Order 8130.2
(as revised), Airworthiness Certification of Aircraft and
Related Products, and military records, you may apply
for an airworthiness certificate.
Since no civil aircraft may be flown unless certifica-
ted, you should discuss this with an ASI at your local
FSDO, who can advise you of eligible aircraft and
certification procedures. An additional source for
advice on amateur-built and surplus military aircraft
is the EAA.
Plane Sense
Figure 2-1. Buying an Aircraft Checklist. This checklist is intended to provide a suggested list of items to
consider when purchasing an aircraft. It is not an all-inclusive list, and if you have any questions, you should
consult with an experienced aviation professional prior to purchasing an aircraft.
Buying an Aircraft Checklist
stAtUs item desCriPtion
Selecting the Aircraft Consider the location of the seller.
Consider factors affecting resale value:
• Engine hours
• Installed equipment
• ADs
• Damage history
• Paint/Interior
Consider the condition of the engine
(e.g., overhauls).
Aircraft Title Ensure the aircraft has “clear title.”
Aircraft Documents Ensure the appropriate documentation is reviewed
and transferred with the aircraft:
• Proof of purchase (bill of sale or conditional
sales contract)
• Airworthiness certificate
• Maintenance records
Manuals Ensure all aircraft manufacturer and other manuals
are transferred with the aircraft.
Maintenance Review the maintenance records to ensure they are
complete and all inspections are current.
n airworthiness certificate is issued by a representative of the Federal Aviation
Administration (FAA) after the aircraft has been inspected, is found to meet the require-
ments of Title 14 of the Code of Federal Regulations (14 CFR) and is in condition for safe
operation. The certificate must be displayed in the aircraft so that it is legible to passengers
or crew whenever the aircraft is operated. The airworthiness certificate is transferred with
the aircraft, except when it is sold to a foreign purchaser.
An airworthiness certificate is an FAA document that grants authorization to operate an aircraft
in flight. The FAA provides information regarding the definition of the term “airworthy” in
FAA Order 8130.2 (as revised), Airworthiness Certification of Aircraft and Related Products,
chapter 1.
Classifications of Airworthiness Certificates
The FAA initially determines that your aircraft is in condition for safe operation and conforms
to type design or American Society for Testing and Materials (ASTM) International standards,
then issues an airworthiness certificate. There are two different classifications of airworthiness
certificates: Standard Airworthiness and Special Airworthiness.
Standard Airworthiness Certificate
FAA Form 8100-2, Standard Airworthiness Certificate is the FAA’s official authorization
allowing for the operation of type certificated aircraft in the following categories:
• Normal
• Utility
• Acrobatic
• Commuter
• Transport
• Manned free balloons
• Special classes
A standard airworthiness certificate remains valid as long as the aircraft meets its approved
type design, is in a condition for safe operation and maintenance, preventive maintenance, and
alterations are performed in accordance with 14 CFR parts 21, 43, and 91.
Airworthiness Certificate
Plane Sense
Special Airworthiness Certificate
FAA Form 8130-7, Special Airworthiness Certificate, is an FAA authorization to operate an aircraft in
U.S. airspace in one or more of categories in Figure 3-1.
Figure 3-1. Special Airworthiness Certificate Categories.
Category Purpose(s) 14 CFr
Primary Aircraft flown for pleasure and personal use Part 21, section 21.24
Part 21, section 21.184
Restricted Aircraft with a “restricted” category type certificate, including:
• Agricultural
• Forest and wildlife conservation
• Aerial surveying
• Patrolling (pipelines, power lines)
• Weather control
• Aerial advertising
• Other operations specified by the Administrator
Part 21, section 21.25
Part 21, section 21.185
Multiple Multiple airworthiness certificates Part 21, section 21.187
Limited Aircraft with a “limited” category type certificate Part 21, section 21.189
Light-Sport Operate a light-sport aircraft, other than a gyroplane, kit-built,
or transitioning ultralight-like vehicle
Part 21, section 21.190
Experimental • Research and development
• Showing compliance with regulations
• Crew training
• Exhibition
• Air racing
• Market surveys
• Operating amateur-built aircraft
• Operating kit-built aircraft
• Operating light-sport aircraft
• Unmanned Aircraft Systems (UAS)
Part 21, section 21.191
Part 21, section 21.193
Part 21, section 21.195
Special Flight
Permit
Special-purpose flight of an aircraft that is capable of safe flight Part 21, section 21.197
Provisional Aircraft with a “provisional” category type certificate for special
operations and operating limitations
Part 21, subpart C
Part 21, subpart I
Part 91, section 91.317