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Retail Owners: BUY, SELL or HOLD?

by Chris Meisner 3. July 2018 13:48
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As an inventorying-dealer, we are often asked by aircraft owners “Does it pay to make a move now?

The truth is, whenever you buy or sell an asset, there are unavoidable costs associated. Selling a home can be one of the best examples of an expensive transaction with often little monetary value gain. Moving costs, furniture damage, endless time spent cleaning/showing the home, agent commissions often eat up your anticipated fortune. 


An aircraft transaction however, has an overwhelming amount of justified reasons to invest. Whether for business or for personal use, aircraft as we all know are time machines which can also bring value to an owner’s employees, their families, the employee morale at a distant store or a face-to-face meeting with a vendor about an issue.  I would even argue the efficiencies a properly advised owner can create during a transaction can make for large gains in monetary value at times. No, I’m not suggesting you go buy a Falcon 10 and wait for the market to rise, however there ARE opportunities in this current active market, to make smart financial gains in your aviation transaction both for the short-term & long.


Whether it means you are a new private pilot moving up from your first 172 to a faster Cirrus, or whether you are a large corporation looking to sell your Citation XL and get into a large-cabin Falcon, I believe this is a good time to move! With pre-owned aircraft inventories shrinking daily & firming prices, we are already at pre-2008 inventory levels again and first-time buyers are entering the market which we haven’t seen in a decade. Only a couple years ago, we would commonly advise clients the selling would be the tough part, but the buying is easy. Now that is almost opposite in some late-model jet markets where buyers are waiting patiently for months at asking price while the seller tries to locate their new aircraft.


What should you do? Get the advice of a trusted and seasoned professional. If you aren’t already working with a broker or dealer, I recommend starting your search for one at National Aircraft Resale Association From there you’ll have the freedom to rely on your broker’s market intel, along with your good business sense which likely allowed for you to buy an aircraft in the first place. Good hunting and God Bless.


Chris is the Vice President of Meisner Aircraft who has served companies both small and large for over 30 years.  They have built their reputation of providing good sound business advice for clients around the world.  Whether it was a customer purchasing their first single engine aircraft or the larger flight department who needed a company with the experience and expertise to handle a complicated transaction process.  Family owned and operated they have successfully been involved in over $900 million in aircraft sales.  

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Aircraft Sales | Chris Meisner | Aircraft For Sale

Does The “As-Is” Language In An Aircraft Purchase Agreement Make A Difference?

by Greg Reigel 2. July 2018 12:33
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It isn’t uncommon in aircraft purchase agreements to see language stating the parties are agreeing that the aircraft is being purchased “as-is” or “as-is, where-is.” Oftentimes the agreement will go on to also say that the seller is not making, nor is the buyer relying upon, any representations or warranties regarding the condition of the aircraft. And it may also specifically state that the buyer is only relying upon its own investigation and evaluation of the aircraft. But what does this really mean?

Well, from the seller’s perspective, the seller wants to sell the aircraft without having to worry that the buyer will claim at a later time that the aircraft has a problem for which the seller is responsible. So, the seller does not want to represent that the aircraft is in any particular condition (e.g. airworthy). When the deal closes, the aircraft is sold to the seller in its existing condition without any promises by the seller about that condition.

Here is an example of how this works: If the first annual inspection of the aircraft after the sale reveals that the aircraft is not in compliance with an airworthiness directive (“AD”) that was applicable to the aircraft at the time of the sale, the buyer could claim that the aircraft was not airworthy at the time of the sale and demand that the seller pay the cost of complying with the AD. But if the purchase agreement has “as is” language, then the chances of the buyer being able to actually force the seller to pay are low.

Not only does this “as-is” language protect the seller, but it also protects other parties involved in the sale transaction such as seller’s aircraft broker. A recent case provides a nice explanation of the legal basis for this result.

Red River Aircraft Leasing, LLC v. Jetbrokers, Inc. involved the sale of a Socata TBM 700 where the aircraft owner/seller was represented by an aircraft broker. The buyer and seller entered into an aircraft purchase agreement that included not only “as-is, where-is” language, but it also provided that the buyer was accepting the aircraft solely based upon buyer’s own investigation of the aircraft.

During the buyer’s pre-purchase inspection of the aircraft, the buyer discovered certain damage to the aircraft. However, the buyer accepted delivery of the aircraft in spite of the damage based upon alleged representations by the broker that the damage was repairable. After closing the buyer learned that certain parts were not repairable. Rather than sue the aircraft seller, presumably because the buyer recognized the legal impact of the “as-is” language in the purchase agreement with the seller, the buyer instead sued the aircraft broker alleging that the broker negligently misrepresented the aircraft.

In order to succeed on a claim of negligent misrepresentation under Texas law (the law applicable to the transaction), the buyer was required to show (1) a representation made by the broker; (2) the representation conveyed false information to buyer; (3) the broker did not exercise reasonable care or competence in obtaining or communicating the information; and (4) the buyer suffers pecuniary loss by justifiably relying on the representation.

In response to the buyer’s claim, the broker argued that the “as-is” language in the purchase agreement waived the buyer’s right to be able to prove that it justifiably relied upon any alleged representations by the broker. The buyer primarily argued that the purchase agreement language did not apply because the broker was not a party to the agreement. But the Court disagreed with the buyer.

The Court found that

the purchase agreement contains clear language evincing Red River's intent to be bound by a pledge to rely solely on its own investigation. And, because it appears that the parties transacted at arm's length and were of relatively equal bargaining power and sophistication, the court concludes that the language in the purchase agreement conclusively negates the reliance element of Red River's negligent misrepresentation claim.

So, even though the broker was not a party to the purchase agreement, the Court still held that the buyer was bound by the statements/obligations to which the buyer agreed in the purchase agreement, even with respect to third-parties. As a result, the Court granted the broker’s summary judgment motion and dismissed the buyer’s claims against it.

Conclusion

“As-is” language will continue to be common in aircraft purchase agreements. Aircraft sellers and those working with them will certainly want to include and enjoy the benefit from this language. Conversely, aircraft buyers need to be aware of the scope and impact of “as-is” disclaimer language in an aircraft purchase agreement. If a buyer is unhappy with the condition of the purchased aircraft, the presence of this language in the purchase agreement will significantly limit the buyer’s remedies and recourse.

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Aircraft Sales | Greg Reigel

59th Annual National Waco Club Reunion

by Tori Williams 1. July 2018 11:48
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Last weekend my husband and I had the opportunity to fly my father-in-law’s 1931 Waco ASO into Mount Vernon, Ohio for the National Waco Club’s 59th annual reunion. Despite some dreadful weather in the area, 13 incredible Wacos were able to fly in to Wynkoop Airfield for at least part the four-day long event. This was my second year attending and it was just as thrilling as my first!

Part 1: The Pilgrimage

Getting ourselves to the fly-in turned out to be more difficult than anticipated. We were planning to head out after work Friday, but the ceilings were too low so we had to wait until Saturday. Ideally the clouds would have moved overnight so we could have an early start but we woke to an 800 foot ceiling. This was one of those incredibly annoying times for VFR pilots when our airport seemed to be the only one reporting IFR in our area. A few miles in any direction, and it was clear, open skies. We are officially blaming the large lake we live beside but sometimes I think things like this happen so we pilots stay humble.

After waiting several hours and listening to the AWOS practically on repeat, it was finally reporting broken ceilings and VFR so we made a break for it. This was around 2pm but that didn’t stop us. Even if we would only be there for the tail end of the festivities we were determined to make it. You don’t miss out on an opportunity like this. It’s practically unethical.

The last hurdle between us and a fun weekend of biplanes was the outside air temperature. Following several excruciatingly warm days we had a cold front blow through just in time for our flight. The temperature on the ground was 63 degrees Fahrenheit. Not terrible but cold for a day in late June. However, we must remember that atmosphere thing where temperature decreases by (approximately) 3.5 degrees F per 1,000 feet of altitude. By the time we got to cruising around 3,000 feet it was 10 degrees colder. Coupled with the inherent windiness of an open cockpit airplane, it was COLD. Thankfully this realization came to us before we left the house, and we both had on our sweaters, scarves, and mittens. In June!

The flight itself was relatively uneventful, and we each spent an hour at the controls. We don’t have modern luxuries of autopilot (or really even a solid elevator trim) so it can be tiring to fly after a while. Dan still says he married me because he needed an autopilot for long trips in the Waco. Har har. Thankfully, we had a tailwind that gave us a ground speed of 120 knots, almost 30 knots faster than our regular cruising speed. We were booking it!

Part 2: The Festivities

The atmosphere provided by the airfield itself is one of the best things about this fly-in. Wynkoop Field is well-maintained grass strip with two runways oriented in a V-shape. There is no fence or control tower, but there are runway lights and a few hangars. Grass strips always make me feel nostalgic for a period of aviation history that I never experienced firsthand: the barnstorming days. How fitting that these 1930s and 1940s aircraft have their reunion at such a place.

I overheard the owner of another Waco put it into words I will now attempt to paraphrase: “If you find another grass airport where you can park your car and walk right up to so many historic aircraft, please give me a call. I have not found anything else like it in my life.” It’s so true!

Despite our late arrival, there were still official (and unofficial) Reunion activities to partake in. My husband loves giving rides, so he was back in the air with a passenger before I even realized it. Evidently the weather had been bad for most of the day, but the sun came out right as we landed. Other Waco pilots began starting their engines to take advantage of the last few hours of daylight. It’s always fun to see them taking off one after another. My father-in-law graciously invited me to fly with him in his Cabin Waco, so soon we were airborne as well.

I can only imagine what the townsfolk in Mount Vernon think of this whole ordeal. Suddenly for a few days every summer biplanes start flying around everywhere. I spoke with a few locals who said they aren’t always sure when the biplanes are coming, but they see them from town and know they’re finally there! A local photographer named Matt Plahtinsky visited during the day and took some breathtaking photos of some of the planes which can be found on his Facebook Page.

After my husband gave who knows how many rides, it was finally time for the banquet and auction. I’m a big foodie, and I have to give props to the catering company for an excellent dinner. Roast beef, chicken, green beans, mashed potatoes, mac and cheese.. my mouth is watering just thinking about it! Following that we had a live auction with some great items to raise money for future National Waco Club events. We had great fellowship with our Waco friends from years past, then drove to the hotel after it was too dark for any more flying.

Part 3: It’s Over Already?

Less than 24 hours after we left Indiana, we were loading up the Waco to head back. I couldn’t believe it. We waited all year for this event and it was over before we knew it. That’s the nature of these things, I suppose. We were just thrilled to have reunited with our Waco friends at Wynkoop for any amount of time. Unfortunately our tailwind heading over turned into a nasty headwind coming back, and it took over 3 hours enroute. Plenty of time to reminisce on our short weekend trip and discuss plans for next year.

Epilogue: Come Next Year!

This year was great, but next year is going to be the 60th Anniversary of the National Waco Club Reunion. It was announced at dinner that the goal is to have 60 Wacos fly in for that one. 60! That number seemed unreal to me but I was told that for the 50th Reunion they had 50 Wacos! Totally doable, then!

This event clearly had a big impact on me and I have since made it my mission to invite everyone to the Reunion next year. Check out the website for the National Waco Club for more information on next year’s event, and I certainly hope you can make it!

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Aviation History | Tori Williams

Financial Analysis Part 2 - Time Value of Money

by David Wyndham 29. June 2018 11:15
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Aircraft Financial Analysis

In the previous blog post I introduced the criteria for a financial analysis.  Recall that the goal of the financial analysis is to identify the aircraft that does the job for the least money.

The financial analysis should analyze all of the costs associated with the aircraft: acquisition cost, operating costs, depreciation and taxes, and the potential residual value after a set term. If the aircraft is to be used in a commercial operation, you will need to make assumptions regarding potential revenues as well. All of these considerations are important and needed to complete the analysis. Use the same set of assumptions for each aircraft to ensure that you get a true comparison.

The analysis tool to perform the financial analysis is the life cycle cost. In addition to showing the expenses, revenues, taxes as necessary, and a cash flow, there is one more thing remaining. The time-value of money.

The cash flow, or the monies in and out for pre and post tax, may be very different for the aircraft and the scenario. For instance, option A may be a cash purchase, option B, a loan, and option C, an operating lease. For the same aircraft, the cash flows will be dramatically different. Option A has a large cash outflow at the start in the form of the acquisition cost. Option B just has a down payment, but also has interest on the outstanding balance of the loan. Both of these purchase options do have the revenue in the form of the residual value estimate at the end of the term. The lease has no acquisition cost, but no revenue at lease end either. 

For a commercial operation, cash flow is king. At any given time if the money leaving in the form of expenses is not covered by the revenue coming in plus the money in the bank, you are not in business much longer. For a not-for-hire operation, the cash flow remains negative until you sell the aircraft where they may be a “profit.”

There is one more important consideration to consider, the timing of the expenses and revenues. Regardless of for hire or not, when the expenses occur as well as their magnitude is important. 

The time-value of money places importance on the timing of a revenue or expense occurs. Think of interest. If I invest $1,000 at 5% per year, I'll have $1,050 at the end of a year. Similarly, if I owe you a $1,000, and I pay you today, I need $1,000. But, if I can wait a year to pay you, I can invest $953 at 5% and end up with $1,000 after a year. Taking the time-value of money into account allows you to compare different streams of revenues and expenses  (i.e. cash flows) to see which one has the better time-value. Each future revenue and expense has a value in today’s dollars, or a Present value.

The Net Present Value is the sum of the present values of these future cash flows (revenues and expenses) less my initial investment. It takes into account my assigned value of money and inflation. An NPV greater than zero means I’ve made a profit. A zero NPV is break-even while a negative NPV is a loss. For a not-for-hire operation, minimizing the loss is the goal.

Terms used to describe the time-value "interest rate" include return on investment (commercial operations) and net present value (non-revenue operations like a corporate flight department or government). These are usually abbreviated as ROI and NPV respectively. 

What is a typical percent to use for the ROI/NPV analysis? You usually don't have to make one up. Government agencies usually look at the cost of borrowing money - Treasury Bill interest rates for example. Corporations have expected returns and use that for all major purchases. If you are in a large organization, just call the financial department, the CFO, comptroller, etc. and ask them for the relevant rate and your organization's marginal take rate. They will be impressed at your level of understanding!

Now that you have your costs, ROI/NPV rate, and marginal tax rate, how do you perform the analysis? Prior to spreadsheets, it was a time-consuming process. Today, there are spreadsheet applications that, given the proper data entry, will quickly calculate cash flows and ROI/NPV. Our company has a tool, Life Cycle Cost, that has a built in aircraft database that allows you to do all of the analysis mentioned here. I believe it is the only database plus software of its kind that does all these calculations specifically for aircraft.

The financial analysis with NPV takes into account all of the variables and calculates the net return for the option. This financial analysis allows you to rank order the capable aircraft to find the one that does the required job for the money.

One last warning, never let a spreadsheet make your decision for you. 

Aircraft A may be technically adequate for your mission and have the most favorable NPV. Aircraft B may exceed all your requirements but have a less attractive NPV. Since both Aircraft A and Aircraft B meet your technical needs, Aircraft A is the financial best alternative. But, the financial decision maker may feel that Aircraft B has a better value, or “more bang for the buck” and favor that option. As a consultant or analyst, my job stops at the technical and financial ranking. The decision maker, the person who signs the check, gets the final word.

 

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David Wyndham | Flight Department

Safety Management Systems (SMS) in Aviation

by Tori Williams 1. June 2018 21:37
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There is nothing more important in the aviation industry than safety. Every law, rule, or procedure has its roots in the general objective of increasing safety. Due to the fact that it is always being improved upon and innovated within, the United States’ national airspace system is one of the safest in the world. Today I would like to take a look at one of the newest pieces of regulation regarding safety in aviation, Safety Management Systems (SMS).

Historically, the process for improving safety was purely reactionary. Authorities would wait for an accident, investigate the accident to identify the cause, and then make changes to avoid the same accident in the future. This is ineffective, as it can solve one or two problems at a time but not address the less obvious contributing factors to the accident. Of course, accidents will continue to be investigated and learned from, but there is a new system that takes a more preventative approach.

Safety Management Systems (SMS) is a core concept in the aviation industry and recognized by both FAA and ICAO. This structured and business-like approach to managing and improving safety in all facets of the aviation industry has been explained by the FAA in a series of Advisory Circulars.

Is a SMS mandatory for all aviation operations? Not quite. For example, SMS for all part 139 certificated airports was proposed in the Notice of Proposed Rule Making (NPRM) in October 2010, however, in 2016 the FAA issued a Supplemental Notice of Proposed Rulemaking (SNPRM) which reduced the number of airports that needed an SMS to 265 airports that are certified under Part 139; airports that must have an SMS program include the following:

- classified as a small, medium, or large hub airport in the National Plan of Integrated Airport Systems;

- identified by the U.S. Customs and Border Protection as a port of entry, designated international airport, landing rights airport, or user fee airport; or

- identified as having more than 100,000 total annual operations.

This requirement maximizes safety benefits in the least burdensome manner and is consistent with international standards. Airports that are not required to have an SMS may still use FAA resources and implement selected practices to ensure safety at their airport. A full SMS plan may take months to create, and in some cases require assistance from an outside consulting firm.

The Four Components of SMS

Safety Management Systems has been divided into four distinct components; Safety Policy, Safety Risk Management, Safety Assurance, and Safety Promotion. Each has their own influence on SMS, and they come together to form a complete SMS program. Here is a brief description of each component.

Safety Policy: This is management’s commitment to safety, formally expressed in a statement of the organization's safety policy. A safety policy is written and agreed upon by top management and outlines the exact processes and plans the organization has to achieve desired safety outcomes. This should be the beginning of a positive safety culture that encourages employees to take ownership over their organization’s safety and to ensure they can report safety issues without fear of being reprimanded.

Safety Risk Management (SRM): This component looks at the present and future hazards and risks that the organization faces, then determines if there is an adequate risk control in place to mitigate them. This step often includes a Risk Matrix, or a grid analyzing the likeliness and severity of all possible risk scenarios. This component of SMS is vital for continually analyzing the effectiveness of current risk mitigation methods.

Safety Assurance: Safety Assurance is characterized by self-auditing, external auditing, and safety oversight. This component ensures that the steps taken in safety policy and safety risk management are helping the organization reach their desired safety outcomes. Proper resource allocation and data collecting are vital for this component, as it relies partially on historical information.

Safety Promotion: The human element is at the core of SMS. Having properly trained employees who are passionate about safety will help any organization reach their safety objectives. This component of SMS is all about having a Safety Manager who provides information and training for safety issues relevant to the specific jobs at the airport.

I hope that this brief overview of Safety Management Systems has taught you something new about an effective safety program. The great thing about SMS is that it can be applied to any industry, scenario, and operation. The FAA mandating SMS for certain sectors of aviation is a great move that I believe will eliminate quite a few accidents in the future. What do you think of SMS? Let me know in the comments!

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Aviation Safety



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