As a business lawyer specializing in start-up businesses, your new client, Ernie Entrepreneur, has scheduled an appointment with you to discuss his legal considerations in acquiring property for his business. Ernie needs equipment for his lawn care/landscaping/snow removal business as well as a location from which to operate his business and to store his equipment. Having a limited amount of capital at the outset, Ernie is considering financing the equipment—both for his office and for the fieldwork—as well as purchasing real estate to serve as the business location. Once again, he seeks your advice on how to proceed. Specifically, Ernie needs advice on the following:
- What are negotiable instruments that the lenders are requesting him to sign, and what clauses or terms should Ernie be looking at carefully and why?
- What does it mean if Ernie’s lender is requiring a surety or guarantor? What are mortgages and security interests that the lenders are requiring?
- How should title to the property be held—in Ernie’s name or in the name of the business and why? What are the potential consequences to Ernie and his business if he defaults on any of these loans?
- What additional legal and business management advice do you provide Ernie Entrepreneur at this point to maximize the potential success of his business endeavor?