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Sale or lease
October 25, 2019
Sale or lease
            Some think that All in One means sale or lease, and who knows what else.  That’s not the case.  The Standard Form Agreements do not confuse or combine a sale and lease transaction.  Either you’re selling the equipment or you’re leasing it.  If you sell the equipment it belongs to the subscriber.  If you lease the equipment it belongs to you.  
            The All in One Lease does have a provision for selling the leased equipment to the subscriber, but that is only an option to be exercised by the alarm company after the subscriber defaults on the contract.
            “Lease to purchase”, whether for $1 buy-out or more, turns your contract into a retail installment contract subjecting it to consumer legal issues.  The Standard Form Agreements are not drafted as retail installment contracts and don’t comply with the applicable laws for those contracts.  Avoid a contract that is lease to own.
            Similar confusion is caused by the clause providing that title to the equipment remains with you until it’s paid for.  That is simply not enforceable.  Once the equipment is installed it belongs to the subscriber and all you could have retained was a security interest in that equipment.  Since you have to “perfect” a security interest, and you’re not likely to do that for a number of reasons, title will pass to the subscriber once the equipment is installed.  What you may be able to guard against is title passing to the subscriber when the equipment is delivered to the job-site, before it’s installed.  You can include a provision in your contract that title does not pass unless the equipment is installed. 
            Leasing is popular because you always own the equipment and have better control over the site.  If you charge enough for the installation you can come close to the sale price on a Sale deal.  RMR tends to be higher for leased systems.  

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301