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...
This class action lawsuit filed against Hertz Equipment Rental is good reason to revisit your policy on damage waivers. Whether to offer a damage waiver remains one of the most hotly debated issues in the equipment rental industry. Comments range from: “It has no value to...
James Waite presents on The State of the Equipment Industry from an economic outlook and how to better prepare for what is to come....
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’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: 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 UNDERSTANDING RIGHT-TO-REPAIR REQUIREMENTS QUESTION: I RECENTLY HEARD ABOUT A PROPOSED NEW FEDERAL RIGHT-TO-REPAIR REQUIREMENT, AND I’D LIKE TO KNOW IF YOU CAN PROVIDE ANY INFORMATION REGARDING ITS COVERAGE AND STATUS. Answer: On July 6, 2021, the White House Press Secretary announced a sweeping executive order that...
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...