Rod McHenry, the financial vice president of a document imaging company, thought he had great cause for celebrating. He had signed an unbelievable $370,000 lease proposal covering computer servers, workstations, software and other networking equipment. McHenry believed he had snared an incredible lease rate, capping off weeks of negotiating an acceptable equipment price with the equipment vendor. The proposal guaranteed a lease closing and offered a return of the 2% commitment fee paid by McHenrys company if the leasing company failed to give credit approval within two weeks. Little did McHenry know that signing this proposal would lead his company into the Twilight Zone of equipment leasing. Ultimately, his firm would fork out more than $15,000 in legal fees seeking lessor performance, only to learn that the lessor was already insolvent and mired in several similar lawsuits. Like McHenrys employer, thousands of U.S. companies lease equipment each year, many of them without careful attention to potential blunders. Rod McHenry became victim to one possible pitfall, but there are several areas deserving careful attention. Falling For the Lowest Rate One potential pot-hole facing many would-be lessees is basing their lease decision solely on the lowest monthly payment. Even on the face of it, making a decision based on the monthly payment makes little sense. First, these amounts give only a partial picture of total lease pricing. An accurate discounting of cash flows using a present value analysis, including up-front lease payments, monthly payments, security deposits and fees can often change the outcome of the lowest lease bid. Making sure that each lease proposal is reduced to a present value calculation guarantees that you will be comparing apples to apples. Even if you make accurate price comparisons, pricing all by itself fails to consider several important factors ones that might save you a bundle in the long run and keep your firm from blundering. To avoid pitfalls in this area, list and evaluate your top priorities for a leasing arrangement. Consider factors such as: choosing the right leasing partner, balance sheet considerations, tax considerations, choosing the right form of lease, avoiding severe lease terms, and getting enough lease flexibility. Failing to Check Lessors References and Financial Condition As Rod McHenry discovered, perhaps the area with the greatest potential for a misstep is lessor selection. Failing to investigate and make a wise choice of leasing partner can result in transaction delay, misrepresentations, nonperformance, unexpected fees or even fraud. Like many industries, equipment leasing encompasses many players with varying degrees of experience, specialization, integrity and financial strength. In selecting the best leasing partner, get sufficient information from bidders to perform an effective reference check. If possible, also obtain financial information from bidding lessors to evaluate their financial condition. Obtain Dunn and Bradstreet reports on each bidder. Ask for and check customer, vendor, bank and trade references. Perform an Internet news and message board search to make sure the bidding lessors are not the subject of any unresolved problems or scandals. Most reputable lessors belong to one of the major equipment leasing trade associations (ELA, EAEL, UAEL, or NAELB). Call the appropriate association for a reference. Lastly, ask around. Check with your attorney, accounting firm, banker, friends and associates who are able to make recommendations based on past experiences. Not Fully Understanding the Lease Agreement Failing to read and understand the major terms and conditions of the equipment lease can cost your company a bundle. While most lease agreements include similar terms and conditions, there can be noticeable differences. For example, most agreements cover the lessees responsibility to pack the equipment and ship it to the lessor at the end of the lease, if the lessee chooses to return the equipment. Some leases require the lessee to have this done by the last day of the lease, perhaps depriving the lessee of a week or more of use. Also, some agreements require the lessee to pay for equipment de-installation, packing and shipping to any destination within the US, which can be costly. You can save money by negotiating many of these points. Read the lease agreement thoroughly, get legal advice if necessary, and negotiate points that can save you money. Making the Wrong Choice Between Fair Market Value and Bargain Purchase Leases High on the list of potential leasing blunders is choosing the wrong form of lease for your planned use of the equipment. Failure to choose wisely can result in significant additional lease expense. Equipment leases fall into two broad categories: 1) leases designed to pass ownership of the equipment to the lessee at the end of the lease (bargain purchase/capital leases) and 2) leases intended to allow the leasing company to retain ownership of the equipment (FMV or operating leases).
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