Many business people don't know that equipment leases can be negotiated. They do a quick read-through of the contract, see that the monthly payments are what was represented, and sign where indicated. Not carefully reviewing each paragraph of the agreement can be costly. Long, drawn-out contracts are often developed by leasing companies to gain added revenues and advantages for themselves. Consequently, in this situation, it is to the detriment of the lessee.

This article discloses some of the terms and conditions that are contained in lease contracts, but can often be negotiated. A properly trained lease broker can be invaluable in helping the lessee discern the points of contention and negotiate a fair and equitable agreement.

1. Credit or commitment fees: Some leasing companies will charge you a fee simply to process the credit application. Others may charge a fee to keep the credit commitment open after the application has been approved. These are ridiculous fees that I would advise never paying.

2. End of term option: This is a critical point in the contract. Beware of language that allows you to buy the equipment at a "mutually acceptable price" as opposed to fair market value. When a lessor states they will sell you the equipment at a mutually acceptable price, they can back you into a corner by charging just about what they want. Fair market value and $1 buyout leases are legally defined and more quantifiable.

3. The never-ending lease: Some leasing companies try to lock you into a leasing situation forever and the only way to escape is to pay an inordinate fee. Beware of a lease that gives you three options at the end of the term: a. Buy the equipment at a "mutually agreeable price". b. Extend the contract at a mutually agreeable price, or c. Return the equipment to the lessor and strike a new deal at a mutually agreeable price. These are all poor options for you, the lessee and only serve to benefit the profit of the leasing company.

4. Equipment pass title fees: These are fees that some lessors charge when the lessee chooses to buy the equipment at the end of the lease term and obtain clear title. These fees can be as high as $250 or more.

5. "Put" at end of lease: Make sure that you have an option to buy the equipment at the end of the lease and not a put. A put may result in lower monthly payments, but requires you to buy the equipment, as opposed to an option, which gives you a choice.

6. Delayed payment to vendor: Some leasing firms delay payment to the vendor for the purpose of increasing their yield. This is unethical, creates a hardship for the vendor, and makes your company appear in a bad light.

These are some of the items to look for when reviewing an equipment lease. Keep in mind that competition among leasing companies is intense and they do not want to lose your business. Do not be shy about asking that these fees be taken out of the agreement.

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