Aviation transactions are complicated, highly regulated matters that demand a thorough understanding of the laws and requirements involved.
Whether you're purchasing, selling, or leasing an aircraft, you need an attorney who understands this and can save you invaluable time and minimize risk.
If you're in Texas—Houston, Dallas, San Antonio, or Austin—William G. Harger & Associates, PLLC, led by aviation attorney Bill Harger, is your go-to legal resource.
Bill brings decades of experience to the table with his deep understanding of aviation and the legal system. Before becoming an attorney, Bill worked as a professional pilot and aircraft mechanic. This gave him practical knowledge and a perspective few legal professionals could offer.
With his approachable demeanor and attention to detail, Bill helps aviation professionals protect their interests and make informed decisions.
When you're buying, selling, or leasing an aircraft, every step of the transaction is bound by legal requirements.
Paperwork errors or lapses in due diligence can lead to expensive legal disputes or complications. But what makes aviation transactions so demanding, legally speaking?
At their core, these transactions involve regulatory compliance at the federal and state levels. Buyers, sellers, and leasing parties must comply with Federal Aviation Administration (FAA) regulations—this is where the process gets complicated.
From aircraft registration and title searches to compliance with inspection and airworthiness standards, the legal stakes in aviation transactions require meticulous handling of every detail.
Some key legal areas include:
Aircraft title searches: Before a purchase can proceed, the buyer must confirm no outstanding liens or title disputes on the aircraft. Title clouding is a common issue, often requiring legal intervention.
Registration and ownership transfer: Aircraft ownership transfers aren't as simple as handing over a set of keys; they involve meticulous filing with the FAA to ensure the transfer is appropriately recorded.
Lease agreements: For businesses leasing aircraft, agreements must clearly define terms related to usage, maintenance responsibilities, and potential liability.
International transactions: If your transaction involves an entity outside of the U.S., additional compliance with import/export laws, taxes, and customs procedures is required.
Title and registration searches: Conducting thorough title and registration searches is necessary to ensure there are no undisclosed liens or encumbrances on the aircraft before completing a transaction.
Escrow services: Escrow services provide an additional layer of protection by ensuring funds and documents are securely handled until all conditions of the transaction are met.
Inspection and maintenance records: Reviewing the aircraft’s inspection and maintenance records is necessary to verify its airworthiness and compliance with regulatory standards. Complete and accurate records can prevent legal disputes or unexpected expenses after the transaction.
Working with an attorney allows aviation stakeholders to anticipate and address potential obstacles before they arise.
While aviation is primarily governed by federal laws and the FAA, state laws in Texas do play a role in the transactional process—especially in taxation and liability.
Texas imposes 6.25% sales and use tax on the purchase price of an aircraft, although certain exemptions may apply. Buyers and sellers should consult with an aviation attorney to determine whether they qualify for exemptions, such as resale or interstate commerce exclusions.
Aviation accidents and maintenance issues are governed by strict liability laws that could implicate sellers or lessors if certain conditions are not adequately met during a transaction. Having contractual documents address these scenarios reduces the risk of future litigation.
Hangar Leases and Local Government Regulations Many aviation transactions also include leasing hangar spaces, which are subject to local zoning laws and regulations in Texas municipalities.
With his experience and knowledge of aviation law, Bill strives to make your transactions legal and as risk-free as possible.
Bill Harger’s years as a professional pilot and aircraft mechanic and his hands-on ownership and maintenance of two personal aircraft sets him apart from other attorneys. His direct experience in aviation is an asset that other firms may not possess
Clients appreciate Bill’s friendly and informal approach to legal representation. He gives meticulous attention to your case and builds strong communication without intimidating legal jargon or other barriers.
Being a solo practitioner allows Bill to offer personalized service and a fair fee structure. He operates without the overhead costs of a large firm, making his service cost-effective without compromising quality.
Bill channels his background into providing focused and individualized support. He understands what's at stake in aviation transactions and helps clients avoid pitfalls while striving to meet their goals.
William G. Harger & Associates, PLLC, has a fundamental understanding of aviation and law that few attorneys can match. Bill combines legal knowledge and experience with personalized attention, low overhead for competitive pricing, and thorough, client-centered service.
If you're in Texas - Houston, Dallas, Austin, or San Antonio, and looking for legal help in aviation matters, call William G. Harger & Associates, PLLC, today. Let Bill guide you through your next transaction with confidence and ease.
Aviation transactions are complicated, highly regulated matters that demand a thorough understanding of the laws and requirements involved. Whether you're purchasing, selling, or leasing an aircraft, you need an attorney who understands this and can save you invaluable time and minimize risk.
When aviation disputes or accidents result in legal action, cases often involve highly technical, industry-specific matters that can be too complicated for judges, jurors, and even attorneys to understand fully.
