Aviation Transactions Van Dyke & Associates, APLC transactional attorneys negotiate and complete the sale, purchase, financing, lease, and lease return of aircraft. The types of transactions listed below represent those most commonly addressed.

Purchase/Sale as an Aircraft Mechanic, and later as a Flight Engineer, Mr. Van Dyke possesses the technical knowledge to understand complex mechanical engineering issues which frequently arise in aircraft related accidents. While serving in the United States Air Force, Mr. Van Dyke obtained a bachelor's degree in Professional Aeronautics. Mr. Van Dyke has personally handled numerous purchase and sale transactions involving the specification and delivery of new mid-sized and super-midsized business jets. In addition to our experience with aircraft purchase and sale transactions, Mr. Van Dyke brings many years of experience in the aviation insurance industry to bear when it comes to obtaining theappropriate insurance coverage for your flight operations department.

Our experience in that regard enables us to help you negotiate loan documents; select a venue for the maximum cost-savings on delivery; decide where to register the aircraft; determine the form and venue of the entity which will own the aircraft and the entity which will operate the aircraft; negotiate with insurance underwriters for maximum protection; review engine maintenance programs; draft aircraft leases; obtain appropriate international documentation with regard to international transactions; and handle any warranty claims on the aircraft.

Fractional Purchase/Sale Most fractional share programs contemplate the purchase of an agreed percentage of ownership equity in an aircraft for a pre-determined period of time. However, some programs provide for a lease or sublease between the aircraft owner and the "fractional share" customer. We can assist you in choosing and negotiating the program that best suits your needs.

Like-Kind Exchange (IRC §1031) If you need to exchange or reverse-exchange your aircraft in order to transfer your existing tax basis or otherwise to avoid capital gains tax, contact us to discuss your options.

Leasing Return provisions can be the most expensive provisions contained in a lease. Contact us to ensure that your return provisions and other components of your aircraft lease are drafted to suit your interests and minimize your sales and/or use tax exposure.

Block Time When purchasing "block time," an aircraft user typically does not purchase an ownership interest in the subject aircraft. Rather, the aircraft owner guarantees a certain hourly usage within a given period of time. The sale and purchase of block time use of an aircraft can be beneficial for both the aircraft owner and the aircraft user when properly structured. However, an improperly structured transaction can result in inadvertent "commercial operation" of the subject aircraft, risking insurance coverage and potentially exposing the flight crew, owner and/or user to FAA enforcement action including pilot certificate suspension or revocation and/or assessment of civil penalties.

Joint Use Improperly structured or documented joint use of an aircraft can be deemed "commercial" use by the FAA, jeopardizing your insurance coverage and subjecting the flight crew and aircraft owner/operator to sanctions imposed by the FAA. Contact us to ensure that your joint use arrangement is properly structured and documented.