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Trainer crashed our plane

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J

jackpine

Guest
What is the name of your state?
Wisconsin
We bought a powered parachute from a man who builds/sells them. Included in the sale is training by him so we can fly it.
He crashed it into the ground with my husband in it. Banged up fingers and elbows, and everyone was fine. The plane wasn't. We did not want it anymore after seeing him, a man who has flown/trained in these things for years, crash it to the ground. We had never taken possession of it, having not been trained to fly it yet. Can we get our money back?
 


You Are Guilty

Senior Member
jackpine said:
What is the name of your state?
Wisconsin
We bought a powered parachute from a man who builds/sells them. Included in the sale is training by him so we can fly it.
He crashed it into the ground with my husband in it. Banged up fingers and elbows, and everyone was fine. The plane wasn't. We did not want it anymore after seeing him, a man who has flown/trained in these things for years, crash it to the ground. We had never taken possession of it, having not been trained to fly it yet. Can we get our money back?
What does your contract say?
 
J

jackpine

Guest
Trainer/plane

We have the invoice from the sale. No contract. I signed a Release of Liability to the company accepting all risk of my flying the powered parachute. Nothing is written about anything happening during a training session with him flying or about "returning" it. Of note, my husband was in the plane with him, and he had signed nothing. The seller had just one of us do all the signing.
 

You Are Guilty

Senior Member
jackpine said:
We have the invoice from the sale. No contract. I signed a Release of Liability to the company accepting all risk of my flying the powered parachute. Nothing is written about anything happening during a training session with him flying or about "returning" it. Of note, my husband was in the plane with him, and he had signed nothing. The seller had just one of us do all the signing.
Then it would appear you own a slightly used powered parachute.
 

rmet4nzkx

Senior Member
jackpine said:
What is the name of your state?
Wisconsin
We bought a powered parachute from a man who builds/sells them. Included in the sale is training by him so we can fly it.
He crashed it into the ground with my husband in it. Banged up fingers and elbows, and everyone was fine. The plane wasn't. We did not want it anymore after seeing him, a man who has flown/trained in these things for years, crash it to the ground. We had never taken possession of it, having not been trained to fly it yet. Can we get our money back?
You signed an agreement which inluded training to FLY it, not CRASH it, how long between signing the papers did the crash occur? Your state may have some allowance to change your mind, call your state consumer protection department. Did he offer to provide you with repairs, after successful training?
 

You Are Guilty

Senior Member
rmet4nzkx said:
You signed an agreement which inluded training to FLY it, not CRASH it, how long between signing the papers did the crash occur? Your state may have some allowance to change your mind, call your state consumer protection department. Did he offer to provide you with repairs, after successful training?
Is there really such a thing as a redneck door-to-door parachute salesman? I highly doubt there's any applicable cooling-off period here.

If the guy fixes the damage from the crash, there's no claim at all. Just because they have a sudden onset of buyer's remorse (i.e. "What the hell were we thinking?!") does not exculpate them from the contract.

Of course, if it was all verbal, at least as to the terms of the sales agreement, the issue of proving that the seller didn't say "If I crash it, the deal is off" is a totally different issue, wink, wink. ;)
 

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