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Mistakes to Be Avoided in Contracts

One of the primary mistakes made when negotiating their lease is the use of a very short contract. The short contract text may not address issues involving problems with software in computer leases or litigation issues such as employee piracy. Other issues that are not addressed in many short contracts include:

• Software transaction agreements
• Troubleshooting Support Issues
• Clauses handling provider's going out of business

It's important to make sure that all parties have their expectations clearly outlined in the contract. The contract helps avoid mistakes in leasing equipment by detailing the obligations of both parties. Contracts that possess clarity and completeness are important and the shorter the contract, the more likely there will be legal risks and ramifications for the company leasing the equipment.

Performance Details

The contract should detail the performance of the equipment. If someone is leasing a computer system, a server or a backhoe, they need to know that it will handle the load they are preparing to deliver to it. The performance details are an area where equipment can fail in leasing if they are not clearly stated. It's important to make sure that both parties have those issues clarified before closing on any contracts or deals regarding performance issues.

Structure Defects

Structuring agreements is key to understanding where responsibility lies. An equipment leasing agreement needs to stipulate the structure of the deal. In other words, the salesman is unlikely be the primary contact for system defects. The primary contact may be the manager in charge of that account, but they will likely only handle negotiation issues. Customer support issues may be directed elsewhere. That structure and allocation of responsibility must be clearly spelled out in the contract.

Equipment Hardware Leasing Specialties

When leasing computer equipment, there are often software leases that are required. It's important to coordinate the duration of the software leases to be comparable with the duration of the equipment lease. It's important to ensure the compatibility of all leased equipment with other equipment from different vendors. It's also important to make sure that a project's start and completion dates are commiserate with the equipment lease. Balancing the needs of the developers with the equipment support is a difficult thing to assess, but it's important to make sure that the leases support the needs of the company small or large.

Solicitors Not Welcome

Solicitors (lawyers) are often not consulted during the initial drafting of equipment leasing. This is a mistake, especially for small businesses that do not possess an in house legal team. Lawyers can help smooth the transaction and avoid loopholes that might cause legal problems for both parties during an equipment lease. However, when utilizing a lawyer, it's important to find one experienced in lease transactions.

The Results versus The Resources

Be sure to clearly define the need for the equipment lease. Most leasing companies see themselves as providing resources. Companies large and small are not looking for a resource as much as they are looking for a result. It's the end of the line result they are seeking most of all.

Communication

Clear communication is important from the get go. When negotiating for an equipment lease, be sure to have all questions answered prior to agreeing. Companies make a mistake in leasing equipment from a vendor if they have trouble getting them on the phone or returning calls. Those issues can lead to service problems in the future.

Be Realistic In Expectations

Client companies must be realistic about what they are expecting. Vendors will usually negotiate and do their best to fill customer requirements, however the client company must also keep in mind industry standards and limitations. While technology continues to grow, it's important to realize that not every goal has been achieved as yet.

Short Term Versus Long Term

The final and most important mistake made in equipment leasing is considering a contract as something that needs to be closed immediately in order to make a deadline that occurs in the next few weeks. Realistically speaking, avoiding looking at the long-term effects of an equipment lease may leave the client with a piece of equipment they do not need or a bad contract altogether. If their short-term goal is to launch a new product or get the foundation of a new project started, but the equipment will not help in the long-term goal, that should be addressed.

Equipment leasing provides numerous benefits to businesses large and small. It's important to recognize the benefits, but to also avoid the pitfalls of mistakes that can be made when negotiating an equipment lease.

Why do people sell properties using lease options ?. There is a reason that some of the most successful real estate investors use the lease option technique.


No Down Payment :

I know what you're thinking, "I would never offer such a thing!" You don't have to. As a real estate investor rich in tools to find motivated sellers, you could get your next home using this lease option technique with no money down. You don't have to tell the seller that an option fee may be customary!

Principle Pay Down : 
If an option is accompanied by a lease the possibilities are greater for increased equity build up. By applying a portion of the monthly lease payment amount to the purchase price of the property one has the opportunity to widen the gap between the market value and the loan amount.

Depending on whether the monthly rent amount is inline with market rates...this is free money !. A 30-year amortized, $100,000 loan at 7% begins at approximately $82 per month of principle payments. A $100 per month rent credit beats that, dollar for dollar, every month for almost 3 years !.

No New Loan :
Possibly the most noteworthy advantage of using a lease option in the residential market is that when the optionee begins the purchase process no "new loan" is required. The prerequisite for this may be working with the right and informed mortgage broker but is usually easily accomplished through a refinance. This can mean no additional out-of-pocket money for closing.

Appreciation : 
One of the typical advantages of controlling a property using an option is that the buyer retains the right to capture some, if not all, appreciation during the term. The longer the term, the greater the appreciation can be. In the single-family arena, where terms are usually 12-24 months, even moderate amounts of property appreciation can add up. For the buyer, especially, every percentage point of appreciation counts. And, if you're nice enough to offer (or get) a 24-month term in a market increasing at 3% annually, $6,000 on a $100,000 property is significant.

It is better to use your own strategy against you, if you are in the market for new home.

Leasing is appropriate for just about any business at any stage of development. For start-up businesses with no revenues, smaller leases-those of $100,000 or less-may be better managed on the personal credit of the owners-if they are willing to make the monthly payments.

Comparing Leasing to Buying When you buy a piece of equipment or vehicle, you usually have to pay for it in full either by using cash or by financing the balance. After you finish paying for it, you own it.

Equipment leasing, on the other hand, is essentially a loan. The lender buys and owns the equipment and then "rents" it to a business at a flat monthly rate for a set number of months. At the end of the lease, the business has several options. It can purchase the equipment for its fair market value (or a fixed or predetermined amount), continue leasing, return it or lease new equipment.

With a lease, you actually only pay for using the equipment. But at the end of the lease period, you could end up owning nothing. So why lease? The answer is simple: By leasing equipment, you leave money in the bank that can be used for other purchases. Since lease payments are usually smaller than regular loan payments, you don't have to pay out as much each month.

However, keep in mind that a lease is not cancelable like a bank loan or other debt. If you need to get out a standard loan you can sell the equipment and pay off the loan, or even refinance it. With a lease, you generally have to pay off the lease in full. So you have to be sure you make the payments when you enter into a lease.

So what kinds of equipment make the most sense for a small business to lease? According to research by the SBA, the most common items leased are office equipment, computers, and trucks and vehicles.

Benefits of Leasing Leasing equipment offers a wide range of benefits, from consistency with expenses to increased cash flow. But perhaps the most significant advantage of leasing is the ability to maintain up-to-date equipment. Leasing allows you to easily and affordably add equipment or upgrade to a complete new piece of machinery to meet future needs. This lets you transfer the risk of being caught with obsolete equipment to the leasing company.

Here are some other benefits of leasing:

• Alternative to financing - Leasing is essentially an alternative to traditional financing and can be great for companies not able to obtain business loans.

• 100-percent "financing" – In many cases, leasing requires no down payment. This allows you to "finance" an entire purchase, including software, hardware, consulting, maintenance, freight, installation, and training costs.

• Ease and convenience - Applying for a lease is easy, and lease arrangements can be structured to meet your individual requirements. Equipment leases can range from $ 2,000 to $ 2 million. For smaller amounts, you can complete a brief application and receive a final decision within days-often with no financial reports or tax returns needed. Leases for more than $100,000 generally require detailed financial information from the business, and the leasing company conducts a more thorough credit analysis than it would for a smaller

• Flexibility - Lease terms range from 12 to 60 months, depending on the equipment type. Most leases can be structured so that payments are made with operating rather than capital funds. This can eliminate or reduce capital budget delays. Leased equipment can be purchased later if capital becomes available. Plus, a percentage of the lease payments can be credited toward the purchase of the equipment.

• Fixed, predictable payments - Having fixed lease payments enables you to accurately predict the impact of equipment expenses on your cash flow.

• Conserves working capital - Leasing conserves your working capital by requiring only a minimum initial outlay of cash.

• Tax Advantages - Operating leases are generally treated as a 100-percent, tax-deductible business expense paid from pre-tax earnings instead of after-tax profits.

• Protection against inflation - Lease payments are based on the dollar's current value. And unlike bank lines of credit with fluctuating rates, your payments are fixed regardless of what happens to the market tomorrow, making it easier to budget, forecast and grow.

Working with a Leasing Companies When leasing equipment, keep in mind that the company selling the equipment simply makes a direct referral to a leasing company with which it does business. And, usually, the company selling the equipment works with more than one leasing company. So be sure to get quotes from a number of leasing firms. It's also a good idea to ask for referrals from friends and business associates.

Additionally, make sure you understand with whom you're dealing. Are you talking to a broker-the person who simply structures deals, then gets them financed through any of the leasing companies he or she works with. Or are you dealing with a leasing company that is actually putting its own funds on the line?

Brokers can be beneficial because they have valuable insight about the leasing market and can help you find the best leasing solution for your needs. But as when dealing with any type of salesperson, you are responsible for handling the due diligence. Do your own homework to ensure you negotiate the most favorable lease agreement for your company.