Question: I sell new and used equipment. I usually don’t have buyers sign a separate contract or bill of sale because I have a provision in my rental contract that I believe covers sales. Is that enough or is there some reason I need to...
Question: I’m considering buying a competing equipment dealership. I’m being told that I should buy the assets rather than the equity of the target business because, if I do that, my company won’t assume any of the seller’s liabilities. Is that true? Answer: For most business buyers, purchasing...
Question: I’m buying some equipment, and the shipping terms in the purchase agreement refer to “EXW Incoterms 2020.” I’m generally familiar with “Incoterms,” but I don’t really have a lot of time to study what each one means. Can you give me a summary of what...
Question: I’ve rented and sold equipment to a customer for construction work, but I haven’t been paid. Can I file a mechanic’s lien on my own to get the money I’m owed? Answer: Yes, but the requirements are highly technical and strict. If you miss a deadline or...
Question: “We have operations in multiple states. How can we prepare a single form of Dealer Agreement enforceable in each of those states?” James Waite’s Answers: You and/or your attorney must review each state’s dealer and in some cases, franchise laws to determine whether and to...
Question: I just had two large customers file bankruptcy. One of them was making payments on a rental that included an informal purchase option — just some notes written on the face of a rental contract; the other owes me more than $50,000 on a...
Question: I rented a piece of equipment to a customer without first getting his signature on my rental contract. The equipment was vandalized, and I charged the customer’s credit card for the cost of the repair. The customer disputed the charge, and the credit card...
Question: Recently, we had a customer cause more than $10,000 worth of damage to our equipment. We charged the repair cost to his credit card, but he disputed the charge. He initially admitted in writing that he actually used the machine, but claimed it was...
By James Waite Rental Management Magazine FINANCING BUSINESS SALES; HOW TO KEEP A SMALL CHANGE FROM BECOMING AN ENORMOUS HEADACHE QUESTION: I’M CONSIDERING SELLING MY BUSINESS. I HAD AGREED ON TERMS WITH A POTENTIAL BUYER, BUT AT THE LAST MINUTE, HE CHANGED THE DEAL AND NOW WANTS ME TO FINANCE...
By James Waite Equipment World Magazine HOW DEALERS SHOULD NAVIGATE THE MAZE OF MANUFACTURER PARTNERSHIPS Editor’s note: This is the first of a two-part story. Relationships between manufacturers and dealers take many forms. Some are extraordinarily collaborative and involve a great deal of mutual input regarding equipment, facilities, staffing, markets and...