Buying an Aircraft: Title Searches, FAA Recording and Escrow Conditions

Match the manufacturer, model, serial number, registration number, and any separately described engines across the agreement, bill of sale, financing papers, and available records. Explain a discrepancy before assuming it is an administrative detail.

Identify the legal seller and buyer and each signer’s authority. Entity, trust, estate, lease, and financing structures may require additional documents. Ask which records support the seller’s ability to transfer the specific interest being offered.

Keep the purchase agreement, amendments, deposit terms, proposed bill of sale, and inspection or acceptance conditions together. A title question may affect the closing conditions even if the aircraft’s physical inspection is satisfactory.

The FAA explains that the aircraft record contains registered-owner information, recorded security interests, and airworthiness information. Its current resources provide routes to request aircraft documents. The Aircraft Registration Branch does not perform title searches for the parties. FAA: About Aircraft Records FAA: Clear Title

A review should identify the recorded ownership chain and interests, underlying instruments, amendments, and releases. Keep the record-request or search date. Ask how any gap between the search and proposed closing will be addressed.

Distinguish a recorded release from an assurance that a loan has been paid. Identify the instrument to be released and who will supply and file the required release.

Section 44108 addresses the validity of covered conveyances, leases, and security instruments before filing and after recording, with stated exceptions. It also identifies applicable-law rules and preserves the role of relevant treaties. Recording should not be described as a guarantee that the seller has good title or that an interest has priority over every competing claim. 49 U.S.C. § 44108 (2024 ed.) (verified passage) 49 U.S.C. § 44108 (2024 ed.) (verified passage) 49 U.S.C. § 44108 (2024 ed.) (verified passage)

In Philko Aviation, the Supreme Court addressed undocumented or unrecorded transfers affecting innocent third parties and explained the continuing role of state law in priority. The Court reversed and remanded without resolving every issue in the competing transactions. That holding does not mean the first filing always wins every aircraft dispute. Philko Aviation, Inc. v. Shacket, 462 U.S. 406, 412-13 (1983) (verified passage)

State-law issues can also require investigation beyond the recorded conveyances. For example, Triad addressed a possessory repair lien under North Carolina law and distinguished that type of lien from the title-transfer rule. It is a limited illustration, not a universal rule for every state’s aircraft liens. Triad International Maintenance Corp. v. Southern Air Transport, Inc. (In Re Southern Air Transport, Inc.), 511 F.3d 526, 532-33 (6th Cir. 2007) (verified passage) Triad International Maintenance Corp. v. Southern Air Transport, Inc. (In Re Southern Air Transport, Inc.), 511 F.3d 526 (6th Cir. 2007) (verified passage)

For an eligible aircraft object, the Cape Town framework may add an International Registry dimension to the transaction. The FAA describes that registry as an additional place to file interests in certain airframes, helicopters, and aircraft engines. Do not assume that either an FAA search or an International Registry search replaces the other for every transaction. FAA: Cape Town Treaty

Identify the equipment, financing, registrations, and jurisdictions involved before deciding the search and discharge plan. Keep a list of the interests to be addressed and the evidence the closing team expects for their release.

Ask the closing team to identify each required item: executed transfer documents, signer authority, lender payoff instructions, releases, registration-related documents, acceptance of the aircraft, and any other agreed condition.

Document who may authorize release, what confirmation will be required, and what happens if a condition is not satisfied by the scheduled date. A deposit payment and final release of funds may have different contractual consequences; read the agreement before treating either as refundable or automatic.

Title work does not replace inspection, maintenance-record review, or advice on tax and operational requirements. Identify the responsible professionals and unresolved questions before closing.

See aircraft transactions and escrow coordination, or request a transaction consultation with aircraft identifiers, the parties, and the proposed closing date.

• 49 U.S.C. § 44108: Validity of conveyances, leases, and security instruments Official 2024 edition; read with the linked current-corpus passage analysis.
• 49 U.S.C. § 44103: Registration of aircraft Official 2024 edition; read with the linked current-corpus passage analysis.
• Philko Aviation, Inc. v. Shacket, 462 U.S. 406 (1983)
• Triad International Maintenance Corp. v. Southern Air Transport, Inc. (In Re Southern Air Transport, Inc.), 511 F.3d 526 (6th Cir. 2007)
• FAA: Clear Title
• FAA: About Aircraft Records
• FAA: Cape Town Treaty

Sources checked October 28, 2026. The passage links above identify the language used for each point. Eligibility, applicable policy terms, procedures, and individual facts still require review.