Archive for October, 2009

Internet Based Lease Accounting Software: Creating Operational Effeciency While Crunching Numbers

The leasing industry is yet to significantly harness the powers of the Internet. Despite the hype, the web enabling of the leasing process has been sporadic at best. While the industry has already taken to the Internet’s obvious convenience for credit scoring and front-end application processing, a larger and perhaps a more significant impact on productivity has yet to be realized. The advent of the lease life-cycle management model can realize this untapped potential for productivity and, if implemented well, can even directly enhance profitability. Online lease management and accounting software certainly has the makings of a paradigm shift in the lessor’s approach to the lease accounting software. More specifically, it holds enough promise to replace the client/server model just as the client/server model itself dethroned the main frame.

The Benefits of an Internet Model based Lease Management system
To implement, the Internet model is much simpler than its client/server based counterpart, demanding nothing more than a secure Internet server on which the lease accounting software and database reside. Each of the limitless number of computers accessing the server can run any operating system, be it Apple Macintosh or Windows 2000, with nothing more than access to the Internet. By inference, the type of Network and the leasing software’s compatibility to it no longer matters. Even the physical implementation of the network itself, in laying down the wiring and connections, becomes redundant when any authorized computer belonging to any authorized user, is part of the virtual network. In this respect, especially for lessors with multiple operations in different locations, the model used in the lease management software is a boon that takes no more significant effort to tie two computers into its virtual network as it does 2,000. Even training employees to use the lease accounting software becomes easy when there is one standard program worldwide. This immediate scalability and operating-system/network-independence of the leasing software model makes it possible for lessors of all sizes to experience IT benefits unknown in the client/server world.

It would seem that today’s nascent Internet technology compromises the functional power of the client/server model in their leasing software; complex algorithms required to amortize income or calculate yields appear hard or even impossible to replicate on a browser. Fortunately, however, with the growing sophistication of Internet developmental platforms such as Microsoft’s Active Server Pages, Internet applications run a tight race with client/server technologies. The Internet based lease accounting software enables yields and depreciation schedules to be calculated with the same click of a button. The lease management software facilitates reports to be sorted, filtered and queried to obtai any conceivable information available in the database. Income, IDC and residual can be accrued, blended and separated, just like they are in client/server systems.

Not surprisingly, even technology as complex as an Enterprise Resource Planning system, simultaneously used for solutions from global car-manufacturing to domestic chemical-production, runs on Internet-based applications today similar to the internet based lease accounting software. Leading ERP vendors including SAP, Oracle Financials and PeopleSoft, for instance, have tried and tested success stories of highly versatile and complex system that are browser based. “Lease Management Software”, says Jay Mehra, COO of Odessa Technologies, Inc., “though sophisticated in its own right, can quite easily be implemented on the Internet.” Despite the complexity, therefore, the functional powers of traditional models are easily captured in Internet-based applications.

Functionality of the Internet model and the Lease Management Software
While functionally the Internet application is interchangeable, its differentiating quality lies in its approach to data. By the very nature of their technology, client/server systems typically just crunch numbers. A good Internet based application, on the other hand, maximizes the value of that data, in addition to maintaining it. This translates into a direct value-add for the lessor’s operational efficiency. Sales staff can, for instance, be allowed to access the leasing software from anywhere they can connect to the Internet. During negotiations, they can obtain historic information about the lessee to make informed decisions for new business opportunities through the lease management software. The traditional one-way pipelines of data delivery thus become forums for information exchange.

Equally important, as shown by the diagram above, the new channels of Internet-driven communication can now enhance the lessor’s external relationships. Odessa Technologies, developer of a wholly web-based Lease management and accounting software, uses a series of independent web sites that ties the lessor with its various business partners. Through their lessee web site, lessees can get online help, access important account information, download invoices and even make secure Net payments enabled by the lease management software. Moreover, by leveraging the critical data residing within the Internet application, the lessor can even customize business promotions based on the individual lessee logging onto the system. Far from being just a tool that manages a part of the leasing business, lease management software thus becomes a way of conducting and even marketing the business. Through the Internet model the leasing software is able to bring about new sources of productivity, both direct and implied, are thus created from business relationships that are fuelled by information flow.

LeaseWave© – A new Wave in Lease Accounting Software
While the advantages of Internet-based applications are obvious, there is a conspicuous absence of such technology in the leasing industry. It is this gap between the ideal technology and what is typically available that Odessa Technologies, Inc. is fulfilling. With the release of LeaseWave©, a technology built entirely on Microsoft’s Internet platforms, Odessa brings the lease management process online. Through LeaseWave© and technological collaborations with companies such as CapitalStream and Ivory Consulting, the company offers a comprehensive solution that is entirely Internet based by way of the lease accounting software. LeaseWave©, at its core, provides for complete asset management and lease accounting functionality, allowing the lessor to efficiently manage any number of lease portfolios in the leasing software. Beyond this core, LeaseWave© provides a series of interactive web sites that connects the lessor with business partners including lessees, funding sources, auctioneers and banks via the lease management software. Each line of communication in the lease software employs secured socket layers for complete security and is even e-commerce enabled, allowing for secure online ACH and credit card payments.

It is common knowledge that front-end systems, such as CapitalStream’s CapitalStream – FinanceCenterTM are already leveraging the powers of the Internet. The efficiencies that they have realized, however, represent only the beginnings of a greater change. Still to be tapped are the efficiencies of large data-rich back-end processes. The web-enabling of lease management and accounting software, by companies such as Odessa Technologies, is a step towards this efficiency-realization. As Internet technology seeps into the back-end, the leasing industry stands to experience a rare paradigm shift: one where the technology drives the process rather than being driven by it.

Bios
Madhu Natarajan, CEO Odessa Technologies, Inc.
Madhu Natarajan became the CEO of Odessa Technologies, Inc. He has consulted for various companies including Caterpillar, Inc and Crowe Chizek, LLP; Madhu brings with him an extensive research based leasing background with 5 years of leasing software experience.

Posted by admin on October 30th, 2009 6 Comments

A Guide To Dental Insurance

Dental insurance is taken to cover teeth problems. These include problems such as breaking teeth in an accidents or after having a fall. Dental insurance can be flexible and structured in order to meet the different dental needs of people.

Dental insurance normally covers the costs or two dental checkups a year. Simple procedures like cleaning and filling the teeth are also covered by these insurances. As a result of this, people with dental insurance get their teeth checked periodically and most of their dental problems like root canal operations, crown filling and dental bridgework are nipped in the bud. This is actually a clever business ploy adopted by dental insurance companies. By exhorting people to get their teeth checked companies save people from having to spend on expensive treatments in the future.

Several companies provide free dental insurance for their employees. As the dental expenses of an average person in a whole lifetime are not too high, dental insurance premiums are also nominal. Such group dental insurances work in a slightly different manner. Employees of these companies are provided a list of dentists who are registered with the insurance company. They can approach them with their dental problems and get the appropriate insurance coverage. In certain areas, dental insurances are provided only for groups and not for individuals.

However, like any other insurance, dental insurance carries certain problems with it. There are forms to be filled out, and the whole process of claim letters, and paying premiums makes the process cumbersome to some. In group dental insurances, the claim letters and premium payments are handled by the employers. There may also be instances when the money claimed is not released or is released after a long time. Dental insurances have an upper limit per year. If this limit is exceeded, it will not be covered by the dental insurance company. This is a problem considering most dental insurances provide a limit of $1,000 per year; but a single root canal operation may cost $3,500.

Dental insurances are actually very cheap to purchase. A dental insurance for an entire family can amount up to $80 in annual premiums. Group insurance premiums are marginally cheaper.

Posted by admin on October 24th, 2009 8 Comments

Advantages Of Applying Online

As a student looking for a credit card, everything is going to be foreign to you at first. Don’t worry, it happens to all of us. The best thing about applying for a credit card online is that you’re able to read all of the terms and conditions before applying without having someone breathing down your neck while getting that free t-shirt.

By now, you’ve probably noticed those pesky credit card tents set up on your campus. It’s quite simple, you sign up and the companies either supply you with a free lunch or an extra large t-shirt that you’ll never wear. America likes free things and this is exactly why these types of systems work.

Let’s look at the downfall of applying for a credit card for that free t-shirt. When applying, you’re not going to be able to know exactly what you’re applying for. You’re going to feel rushed when filling out the form and sometimes, you won’t even know the APR rate, which is a bad thing.

The nice thing about applying online is that you’re able to have choice. Instead of having one credit card company pushing one credit card, you can target a specific group of credit cards. So if you’re looking for a student credit card, you’re able to find a website designed for that niche. From there, you’ll be able to browse each and every card carrier such as MasterCard, VISA, etc.

The nice thing about applying online is that you actually have a choice. You’re able to sit down, take your time and read what each credit card is about. Every credit card out there offers many rewards such as gas rewards, hotel rewards, and so much more. Just because you’re a student, this doesn’t mean you’re going to get these rewards. Most of the times you won’t receive these rewards are if you have bad credit.

When you think of the kiosks, you can’t really think of perk besides getting that t-shirt. Let’s face it. You’re not going to be able to read the terms and they always supply you with a t-shirt that doesn’t even fit. So the question is, is it worth it in the end?

When applying for your first credit card, especially when you’re a student, it’s very important that you do your research and find what you’re getting yourself into. Further down the road when you have established credit and you know what credit cards are all about then maybe that free towel or t-shirt won’t be a bad idea after all.

In the meantime, it’s very important that you take the time to either do your research online or ask around your family and friends. This way you’ll know exactly what your credit card is all about and you’ll feel good in the long run knowing you’ve applied for a card that will actually come to good use!

Posted by admin on October 20th, 2009 5 Comments

Employment Taxes – Depositing With The IRS

If your business has employees, you must pay employment taxes. The payment system can be a bit confusing, so this article discusses how to go about depositing employment taxes with the IRS.

Depositing Employment Taxes

To pay employment taxes, you must deposit the money with the IRS. As is typical with tax situations, the payments are not actually made to the IRS. Instead, you must deposit the employment taxes with a federal depository. Moving the burden to the private sector, the IRS requires most banks to act as depositories. If your business has just started hiring employees, ask you bank if they act as a depository. If they do not, you may want to change banks.

To deposit the taxes, you forward money per the bank specifications. You will also need to file a Federal Tax Deposit Coupon, Form 8109, with the deposit. The IRS typically sends these forms to you at the beginning of each calendar year. If you don’t receive any, you can download the form from the IRS site or ask your tax professional.

When To Deposit

You must deposit employment taxes either once or twice a month. The IRS will send you a schedule at the end of each year for the subsequent year. As a general rule, you want to file within a few days of each pay period.

Failure To Deposit

Collecting employment taxes is a high priority of the IRS. Since the taxes include money deducted from an employee’s paycheck, the IRS views an employer’s non-payment as a form of theft. If you fail to pay, you can expect the IRS to come down hard on your business and, potentially, shut it down. In short, make absolutely sure you deposit the employment taxes.

In Closing

There is no other way to put it – paying employment taxes is a pain. Just make sure you pay them to avoid the wrath of the IRS.

Posted by admin on October 20th, 2009 3 Comments

Become A Commercial Real Estate Negotiation Expert

In commercial real estate you are constantly going to be using negotiation skills. Your negotiations skills will be put to use, not only in the process of creating an offer and working to get it accepted, but also with your contacts, brokers, buyers, sellers, engineers, and lenders. In any situation where there are more than two interests, you can rest assured that negotiations must take place in order to satisfy everyone’s goals.

Many people are afraid of negotiation, usually due to lack of experience. Once you begin practicing your skills, it will get easier for you, and may even become fun! Negotiation is filled with tactics and problem solving that are used to yield the best results for each party. Being a good negotiator is very important to this business.

There are different negotiating styles that work for some people, and not others. For example, some find success with a very strong, even intimidating approach in negotiation. I prefer to use a straight forward approach. I am prepared, informed and persuasive. I am confident, as I have anticipated the questions and concerns the other party may have, and will answer them, as needed. This helps me to clearly and confidently negotiate terms. As a result, closing deals is often easy and fun. It is true that different styles should be used in different situations, so study others who negotiate and develop a style that works best for you!

In commercial real estate, as in most businesses, it is best to yield to an agreement that is win-win, meaning both parties are satisfied with the results at some level. If the strongest concerns of each party are addressed and a solution results, the agreement is of mutual benefit to both parties.

If you are not familiar with negotiation, I suggest that you take a class, purchase a book, or find a seminar that covers the basics of negotiation. There are many generic tips and tactics that will sharpen your negotiation abilities, and make it easier for you to get what it is that you want out of an opportunity.

In commercial real estate, there are specific negotiation tactics that can be written into contracts. Many of these tactics require some creativity and are specific to certain situations. Don’t be afraid to get creative; after all, this is where commercial real estate gets really fun! You’ll be surprised how you don’t have to have everything figured out when you put a property under contract!

In commercial real estate, it is always a good idea to write a letter of intent before actually purchasing a property. In residential real estate, a letter of intent is usually not necessary, but in commercial real estate, I consider it a necessity.

The letter of intent should be clear, concise and not in legal format. It should appeal to the owner as a direct, personal letter, explaining your purchasing intentions with the property. Many people put in terms, closing dates, length of due diligence, and so on in the letter of intent. Negotiation can take place here, without any money being permanently spent by the buyer, or a deal completed. It can open a dialogue between you and the buyer, and start negotiations early in the game without anything being set in stone.

Another tactic that can be written into the letter of intent is known as an option contract. This option contract is a good way to investigate the property; you then have time to begin putting together a deal to make sure it is feasible. You can offer a certain amount of money to tie up the property in order to do some initial research, and not even mention closing a deal yet. This is a great option that can allow you to decide to move on with a property and begin negotiating, or simply move on to the next opportunity in a short amount of time. The option can be as simple as 15 days to do some preliminary work with $15,000 at risk. At the end of the 15 days, you may option for a full due diligence period and continue with the purchasing process.

When negotiating an offer, and you still have some questions left unanswered that will be unveiled during the due diligence, you can always write an item subject to or contingent upon the ability for you to do to the property what you intend. For example, if you are purchasing raw land zoned R-1, single family housing, and the broker mentions that the city would be supportive of rezoning the property commercial, which would greatly increase the return on investment, then you could write in the contract that you will purchase the property if you can get the property rezoned to commercial. This is done often, and works with many different variables that could affect the use of the property.

Writing in contingency clauses can be a great way to protect your interest and make sure that you end up with a property set up properly with a favorable exit strategy.

As we all recognize, seller’s have specific needs that need to be met. A buyer may really want to take the opportunity that the property would provide, but realizes that he or she may not be able to satisfy all the needs of the seller up front. A negotiating tactic that would work here would be for the buyer to satisfy the seller’s needs in two or more parts.

The buyer could set up two dates to pay the seller- with money in the beginning, and then money at the end of a certain period. This would allow the buyer to take the profit that he made from the property, and give the seller his money. As long as you satisfy the basic, up front needs of the seller, he or she may be willing to accept these terms, and you are on your way to fulfilling another opportunity!

As there are many other negotiating tactics that you will create to satisfy the requirements to make a solid deal, there is a really great tactic that allows you to continue to invest money into commercial real estate without paying taxes on capital gains! This option was made possible through the Internal Revenue Service tax section 10-31, better known as the 10-31 Exchange. This allows for sellers to use the profit from the sale and reinvest it in another commercial property without paying one cent in taxes! Can’t get much better than this for investors!

There are investors who are strictly involved in 10-31 exchanges, and it is a great way to keep the cash flow moving from one property to another with the benefit of full profits and no taxes. Sometime this tactic is a great choice and should be added to the contract when it can be optimized.

As you can see, the negotiation tactics in commercial real estate are there to protect your interests and maximize results. Be creative with these negotiations, and always be confident when walking into a deal. Be prepared, informed and persuasive. It is also necessary for you to keep your emotions at bay and your ego out of negotiations. You have to be prepared to walk away from any deal that cannot be made to fit your needs.

Always make an effort to sharpen your negotiating skills, and finely tune the tactics you use to increase your bargaining power. Having a few extra “tricks” up your sleeve will enable you to make a deal in your favor and get the results you want.

Posted by admin on October 20th, 2009 1 Comment

Mutual Fund Expenses

An informed investor knows where his money is going. For an investor in mutual funds, it is essential to understand the expenses of mutual funds. These expenses directly influence the returns and cannot be neglected.

The expenses of mutual funds are met from the capital invested in them. The ratio of the expenses associated with the operation of the mutual fund to the total assets of the fund is known as the “expense ratio.” It can vary from as low as 0.25% to 1.5%. In some actively managed funds it may be even 2%. The expense ratio is dependant on one more ratio – “the turnover ratio”.

“The turnover rate” or the turnover ratio of a fund is the percentage of the fund’s portfolio that changes annually. A fund that buys and sells stocks more frequently obviously has higher expenses and thus a higher expense ratio.

The mutual fund expenses have three components:

The Investment Advisory Fee or The Management Fee: This is the money that goes to pay the salaries of the fund managers and other employees of the mutual funds.

Administrative Costs: Administrative costs are the costs associated with the daily activities of the fund. These include stationery costs, costs of maintaining customer help lines and so on.

12b-1 Distribution Fee: The 12b-1 fee is the cost associated with the advertising, marketing and distribution of the mutual fund. This fee is just an additional cost which brings no actual benefit to the investor. It is advisable that an investor avoids funds with high 12b-1 fees.

The law in US puts a limit of 1% of assets as the limit for 12b-1 fees. Also not more than 0.25% of the assets can be paid to brokers as 12b-1 fees.

It is important for the investor to watch the expense ratio of the funds that he has invested in. The expense ratio indicates the amount of money that the fund withdraws from the funds assets every year to meet its expenses. More the expenses of the fund, lower will be the returns to the investor.

However it is also essential to keep the performance of the funds in mind too. A fund may have higher expense ratio, but a better performance can more than compensate higher expenses. For example, a fund having expense ratio 2% and giving 15% returns is better than a fund having 0.5% expense ratio and giving 5% return.

Investors should note: It is not sensible to compare returns of funds in different risk classes. Returns of different classes of funds are dependant on the risks that the fund takes to achieve those returns. An equity fund always carries a greater risk than a debt fund. Similarly an index fund that invests only in relatively stable and thus less risky index stocks, cannot be compared with a fund that invests in small companies whose stocks are volatile and carry greater risk.

Avoiding funds with high expense ratio is a good idea for the new investor. The past performance of a fund may or may not be repeated, but expenses usually do not vary much and will certainly reduce returns in future too.

Posted by admin on October 20th, 2009 No Comments

A Primer on Reverse Mortgages

Economists report that as housing prices have skyrocketed over the past several years, the amount of money that households are saving through 401(k) plans and FDIC insured savings accounts has fallen.  For many people approaching retirement age that means they may be “equity rich” and “cash poor” at the same time. It is not unusual today to find people living in $1 million homes almost entirely dependent on social security to get by.

A 1994 Advisory Council on Social Security trends and issues concluded that reverse mortgages could provide an additional source of income for seniors although at the time housing prices were not high enough to make this a meaningful source. Well, things have changed.

A reverse mortgage is still a loan with your house as the collateral, but it is entirely different from the kind of mortgage you got when you bought your first house. These are the major differences:

The Lender Pays You

That’s correct. You do not make a monthly payment with a reverse mortgage. The lender pays you, and the loan can be set up so that you can get paid in a lump sum, you can get paid regular monthly amount, or you can get paid at the times and in the amounts you request.
The terms of the loan determine what each of these amounts would be. The primary determining factors are your age, the value of your house, and the prevailing interest rates at the time.

You Continue to Live in Your House

Staying in your house is really the whole purpose of reverse mortgages when you get down to it. The twist is that instead of paying somebody else to live there, you get paid while you continue to live there.

You are actually required by the terms of the loan to continue to live in the house as your principal residence. You can spend any amount of time visiting your children and grandchildren, you can travel for pleasure, and you can continue to spend summers at the lake so long as the house remains your principal residence.

You Retain Ownership of Your House

A reverse mortgage is not a sale. You keep all the rights of ownership that you had before the reverse mortgage loan. You do not need the lender’s permission to paint the house a different color or to remodel. You can put your house on the market and sell it to the highest bidder. You can will it to your children.

If there is a change in ownership, such as by sale or through the death of the last surviving owner, the reverse mortgage will have to be paid off at that time. The lender would be entitled to receive from the proceeds of the sale only the amount you actually received from the lender plus all accrued and unpaid interest to date. Any amount remaining after paying off the reverse mortgage lender would go to you, to your surviving spouse, or to your estate.

The Principal Amount of the Loan Increases With Each Payment

Another way of saying this is that you control the amount that must eventually be paid back by controlling the amount of money you actually get from the lender. A reverse mortgage is still a loan, and the money plus interest has to be paid back at some time, usually from the sale of the house after you and your spouse no longer live there.

Because the principal amount of a reverse mortgage cannot be determined until after you no longer live at the property, neither can the maturity date of the loan. This can a difficult concept to wrap your mind around because it is so different from conventional mortgages.

You Can Never Owe More Than the Value of Your House

This is true for the two reverse mortgage products sponsored by the Federal government (HECM and Home Keepers) although it may not be true for privately created reverse mortgage programs.

The benefit of the Federal programs is that you, your surviving spouse, or your estate, can never owe more than the loan balance or the value of your house, whichever is less. Your reverse mortgage lender cannot require repayment from you, your surviving spouse, or your heirs, or from any asset other than your house.

Posted by admin on October 20th, 2009 No Comments

A Guide To Quick Loans Online

For people looking for a fast and convenient way to pay bills or cover unexpected expenses, online payday loans are a perfect choice. Payday loans are available to anyone who needs quick cash regardless of past credit or bad credit. This makes payday loans appealing because almost every other type of loan involved a credit check to make sure the person is free of delinquent accounts in the past. Online payday loans can be acquired by anyone, even those with a bad credit history. However, keep in mind that payday loans are meant to be paid back within a short period of time.

The idea of a payday cash advance is that you receive a payday advance prior to receiving your pay check. Once you have received your next pay check you are expected to pay back your loan. By applying for your payday loan online, you are able to get the application process over with quickly and easily and get a convenient reply as to whether or not you are approved within minutes.

Online payday advance is perhaps the quickest and most convenient way to get a fast loan. However, it is very important that people looking for payday loans do some research and find the right company to do business with. There are a number of companies that offer payday loans with extremely high APR rates. A number of these companies are found online offering online payday advances to those who do not take the time to research better loan rates. Some companies offering online payday loans have APR rates as high as 600%, which allows them to prey on unsuspecting and uninformed customers seeking quick loans. Although interest rates on any payday loans will be higher than interest rates on regular loans that are paid back over a longer period of time, if you are planning on paying you loan back quickly, which is the idea most customers who seek payday loans have in mind, interest rates will not be a major problem.

If you know the ins and outs of payday loans, it is easy to get an online payday loan with a low APR rate that allows you to get a quick loan and pay it back quickly with low interest rates. If you work with an honest company that is not just out to rip you off, you will be able to get a quick loan to cover expenses, bill or other finances. However, make sure you will be able to pay back your loan within a short amount of time; otherwise you may want to consider a different type of loan with lower APR rates. When working with the right loan company you will be very satisfied with your online payday loan and the convenience it offers you.

Posted by admin on October 20th, 2009 2 Comments

With A Lease, The Devil Is In The Details

In the last article we looked at a few of the things you should consider before leasing that first office or storefront for your business. To recap, you should not only consider the old standard “location, location, location,” but also consider things like sufficient parking, the number of employees who will be working onsite, and future growth projections. I stressed that it was important not to get caught up in the moment. You should take your time to find the space best suited for your business for the long haul, not just for today.

This week we’ll discuss the most important aspect of the process: signing a commercial lease (insert dramatic music here). One of the biggest mistakes many entrepreneurs make when leasing commercial space is not reading the lease. Forget reading the fine print. When it comes to a lease its ALL fine print.

Don’t believe me? Let me tell you the true story of my friend, Homer, whose name I have changed to protect the ignorant. Homer signed a two year lease on a suite of offices for his business. As the owner of the business Homer signed on the dotted line and agreed to personally guarantee payment of the lease and to abide by its terms. Homer moved in and it was business as usual until the end of the two year lease term drew near. It was then that Homer discovered that failing to read the lease was going to be a very costly mistake.

Toward the end of the two year lease period Homer decided to relocate, but when he gave the landlord what he thought was the customary 30 day notice, he discovered that the lease had automatically renewed for another two year term at the 60 day notice point. In other words, Homer didn’t realize that the lease required a minimum of 60 days notice to let the landlord know that the lease would not be renewed. Because Homer did not know that he was required to give at least 60 days notice of his intent to vacate, the lease automatically renewed for another two years. And there was not a darn thing Homer could do about it but reach around and slap himself in the back of the head for not taking the time to read the lease.

What was the landlord’s position when Homer pointed out that he had not read the lease and therefore was not aware of the 60 day notice? The landlord, while sympathetic to Homer’s plight, stuck to his guns and told Homer that he would have to honor the lease, which meant that even if Homer moved out as planned, he was still on the hook for paying the rent for another two years.

Does the fact that the landlord chose to enforce the lease agreement rather than let Homer off the hook make him an evil man? Not at all. From the landlord’s point of view, he had no choice but to enforce the terms on the lease. He had a signed contract that told him his space was going to be rented for the next two years. He had not planned on the space suddenly being vacant. Being a landlord with unrented space is like being a business with no paying customers. Empty space means no revenue from rental fees which means no money to pay the mortgage payment. As the old saying goes, “It’s just business…”

Sure, any landlord with a heart might feel bad that Homer was ignorant of the auto-renewal clause, but not so bad that they are willing to risk their own financial well-being by having Homer’s space sit vacant. The bottom line is this: whether Homer read the lease or not is irrelevant. Homer signed the lease, thereby agreeing to its terms, and therefore he must hold up his end of the bargain, period.

As of this moment, Homer is relocating his business in spite of not being able to get out of his old lease and he will continue paying the payment on the vacated space for the remaining two year term of the lease or until he can sublease the space. Even then Homer is not fully off the hook because he will still be considered the legal tenant unless his sublessor agrees to sign a new lease with the landlord. Hopefully he will just have someone else making the lease payments.

Again, the moral to this story is READ THE LEASE. Or even better, have an attorney read it for you. I have learned over the years to never sign a legal document of any kind without letting my attorney review it, especially if the document involves money and my first born child.

Here are a few other points to ponder before signing a commercial lease.

How is the lease payment calculated? The most basic equation for calculating a lease payment takes the number of square feet times the cost per square foot, then amortizes that over a 12 month span. For example, if you have 1,000 square feet and the cost per square foot is $12, the annual lease payment would be $12,000. Divided by 12 months the monthly lease payment would be $1,000. Again, this is a simplified scenario. These days most commercial leases include additional factors that affect the final price, such as rent increases, operating expense escalations, common area charges, etc.

Who pays for what? It’s important that you understand exactly what you are paying for. Are you responsible for any costs other than the rent? Will you be responsible for paying your own utilities, for example? Will you have to pay for parking privileges or janitorial service? Who handles maintenance and repairs?

Is there an escalation clause? It is typical that the lease contain what’s known as an escalation clause that allows the landlord to pass on increased building operating expenses to the tenants. If your lease contains such a clause you should ask for a cap on the amount the lease payment may rise over a given period of time. And if the escalation clause is ever activated by the landlord you are well within your rights to ask for an itemized accounting of the expenses that are being considered as cause for your raise in rent.

What rent increases might there be? One very important factor to know is this: if you do renew the lease how much can the landlord go up on the rent? It is expected that rents will increase as property values increase. If your landlord can rent the space for more than you agreed to pay a year ago, he is within his rights to ask for the increase. However, it would be a nightmare if your rent suddenly doubled overnight. Negotiate the increase before you sign the lease. Most rent increases are calculated by percentage, not by flat rates.

Renewals and terminations. Most leases require that you give a minimum of 60 days notice if you intend to terminate the lease and vacate the property. As Homer learned, many leases also renew automatically for another term unless you give notice within 60 days of expiration. Know when your lease expires and the time required to give notice.

Is a personal guarantee required? What happens if your business goes south and can no longer afford to make the lease payment? Are you then responsible for paying the rent out of your own pocket? Probably so. Most landlords insist on a personal guarantee from the owner or an officer of the business. This means that even if you go out of business you are still personally on the hook for the remainder of the lease.

Finally, clarify all points. You should be clear on every point in the lease. And if you are not, ask for clarification. Exactly what space are you leasing? Who is responsible for repairs? What common areas will you have access to? Who is responsible for maintaining the little things, like keeping the shared restrooms stocked with soap, towels, and most importantly, toilet paper.

A small detail to consider now, but not when you suddenly find yourself without such amenities at the wrong time.

Posted by admin on October 20th, 2009 2 Comments

Global Investment from Home

Because we live in a day and age when it is easy to instantly connect to other parts of the globe, our economy and financial world has become much more global in scope and significance. When investment abroad looks attractive, there are also numerous ways to participate in foreign investments, without having to leave the comfort of home.

Here are four examples of international investment tools, for those who are looking to diversify by putting their homegrown money to work overseas.

1) Stock Mutual Funds

Many mutual funds – which are bundles of stocks managed by professionals and available in share form to mutual fund shareholders – invest specifically in foreign companies. You can invest in a particular regions, such as Latin America or Asia, or you can invest in several regions at the same time.

2) Foreign currency

Because most nations have their own currency, and because it is valued according to the assets of that particular country, you can invest through buying and selling foreign money. You might, for example, buy the Japanese Yen if you think that the Japanese economy and its currency are going to outperform your own USA dollars. Some people buy and sell currency several times each day, in fact, to take advantage of the rapid fluctuations in this rather volatile kind of investment.

Others do it in a way that is much more time, when planning their vacations. If you are going to Europe next summer, for instance, you might want to buy Euros (European dollars) now, in anticipation that they will be cheaper than they are going to be next year.

3) Overseas property

If you like to invest in real estate but want to diversify to foreign holdings, you can buy property in other places. And you can even combine business with pleasure, by buying property in another country and then using it as your own vacation destination. Or you can buy overseas and let a professional manage your property for you, without ever leaving your own home.

Posted by admin on October 20th, 2009 No Comments