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Wednesday, March 12, 2008
Upcoming Events
Vision 2008 Economic Outlook Conference
Thurs., April. 3
8:00 AM - 12:30 PM
Texas A&M International University
Register/Pay Online
 
21st Annual Paul Young's Family Chevrolet Cola Blanca Big Buck Contest Awards Banquet
Sat., May. 17
5:00 PM - 11:00 PM
Laredo Civic Center Ballroom
2300 San Bernardo
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Greetings!
Missed last week's E-Wire?  Want to catch up on the latest business news?  Well, every E-Wire is archived on the Laredo Chamber of Commerce website on the E-Wire Archive Page.  We invite you to visit the Archive page and look over past issues. Relevant, concise business tools at your fingertips.
HOUSEHOLD EMPLOYEES - A HELPFUL GUIDE

MaidIf you hire someone to do household work and that worker is your employee, you are that individual's employer. For tax purposes, the worker is your employee if you can control not only what work is done, but how it is done. The following resources provide regulations and resources revelant to household employers.

If you're hiring alien laborers, the Department of State's Determining Prevailing Wage Requirement for Visas of Domestic Workers page provides employers of household workers information on the prevailing wage statistics.

NATIONAL SPOTLIGHT...LOCAL PRIDE

Bucks1The two-time CHL Champion Laredo Bucks have again garnered the national spotlight for Laredo with the recent announcement of finalists for the Central Hockey League Awards. 

Four players have been selected from the Laredo Bucks team for their play, and hopefully, will be recognized nationally for their efforts. 
 
Jeff BesFan favorite, Jeff Bes, is nominated for the league's Most Valuable Player Award.  Jeff is a 16-year hockey veteran, five years of which are with the Bucks. Wearing #11, he has been a powerhouse since coming to the team and is 1/3 of the legendary "Three Amigos" line-up.
 
DTraylenUp for the Most Outstanding Goaltender Award is Dustin Traylen.  Sporting the #37 jersey, he is a 5-year veteran and a first-year Buck.  An extremely talented netminder, Dustin has quickly earned the respect from his peers throughout the league.
 
Adam RivetAdam Rivet, #28, has been named a finalist as the Most Outstanding Defenseman of the CHL.  A 3-year hockey veteran, Adam has spent his entire CHL career with the Bucks.  As the lead defenseman, he has consistently helped the Bucks get to the next level. 
 
ADesjardinsFor the Rookie of the Year Award, #22, Andrew Desjardins, has been nominated.  This hard-nosed center has truly impressed the entire CHL with his tough, smart play.  He is a first-year veteran in the CHL and the Laredo Bucks.
 
Congratulations to four of our own on their nominations for CHL awards.  Again, the Laredo Bucks have brought Laredo national recognition and have cemented their role as OUR TEAM - - LAREDO'S TEAM.
 
For more information on your Laredo Bucks, visit their website at LaredoBucks.com.  Purchase your playoff tickets today.  GO BUCKS GO!!!
FRANCHISE AND BUSINESS OPPORTUNITIES...ONLY THE FACTS MA'AM

FranchiseWant to be your own boss? A franchise or business opportunity may sound appealing, especially if you have limited resources or business experience. However, you could lose a significant amount of money if you don't investigate a business carefully before you buy. The Federal Trade Commission's Franchise and Business Opportunity Rule requires franchise and business opportunity sellers to give you specific information to help you make an informed decision.

Use the FTC Rule

A franchise or business opportunity seller must give you a detailed disclosure document at least 10 business days before you pay any money or legally commit yourself to a purchase. You can use these disclosures to compare a particular business with others you may be considering or simply for information. The disclosure document includes:

  • names, addresses, and telephone numbers of at least 10 previous purchasers who live closest to you;
  • a fully audited financial statement of the seller;
  • background and experience of the business's key executives;
  • cost of starting and maintaining the business; and
  • the responsibilities you and the seller will have to each other once you've invested in the opportunity.

If the seller doesn't give you a disclosure document, ask why. Verify the explanation with an attorney, a business advisor or the FTC by calling its toll-free helpline at 1-877-FTC-HELP (877-382-4357). Even if the business is not legally required to provide a disclosure document, you still may want one for your own information.

Get All the Facts

Before you buy a business:

-  Study the disclosure document and proposed contract carefully.
 
- Interview current owners in person. (They should be listed in the disclosure document.) Visiting them in person may help you identify any that are "shills" - people paid to give favorable reports. Don't rely on a list of references selected by the company because it may contain shills. Ask owners and operators how the information in the disclosure document matches their experiences with the company.
 
-
  Investigate claims about your potential earnings. Some companies may claim that you'll earn a certain income or that existing franchisees or business opportunity purchasers earn a certain amount. Companies making earnings representations must provide you with the written basis for their claims. Be suspicious of any company that does not show you in writing how it computed its earnings claims.
 
Sellers also must tell you in writing the number and percentage of owners who have done as well as they claim you will. Keep in mind that broad sales claims about successful areas of business - "Be a part of our $4 billion industry," for example - may have no bearing on your likelihood of success. Also, recognize that once you buy the business, you may be competing with franchise owners or independent business people with more experience than you.
 
Shop around. Compare franchises with other business opportunities. Some companies may offer benefits not available from the first company you considered. The Franchise Opportunities Handbook, published annually by the U.S. Department of Commerce, describes more than 1,400 companies that offer franchises. Contact those that interest you. Request their disclosure documents and compare their offerings.
 
-  Listen carefully to the sales presentation. Some sales tactics should signal caution. For example, if you are pressured to sign immediately "because prices will go up tomorrow," or "another buyer wants this deal," slow down. A seller with a good offer doesn't use high-pressure tactics. Under the FTC rule, the seller must wait at least 10 business days after giving you the required documents before accepting your money or signature on an agreement. Be wary if the salesperson makes the job sound too easy. The thought of "easy money" may be appealing, but success generally requires hard work.
 
-  Get the seller's promises in writing. Any oral promises you get from a salesperson should be written into the contract you sign. If the salesperson says one thing but the contract says nothing about it or says something different, it's the contract that counts. If a seller balks at putting oral promises in writing, be alert to potential problems and consider doing business with another firm.
 
-  Consider getting professional advice. Ask a lawyer, accountant, or business advisor to read the disclosure document and proposed contract. The money and time you spend on professional assistance, and research - such as phone calls to current owners - could save you from a bad investment decision.

ftcThe FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

CHILL OUT - YOU MAY GET YOUR MONEY BACK VIA COOLING-OFF RULE

If you buy something at a store and later change your mind, you may not be able to return the merchandise. But if you buy an item in your home or at a location that is not the seller's permanent place of business, you may have the option. The Federal Trade Commission's (FTC's) Cooling-Off Rule gives you three days to cancel purchases of $25 or more. Under the Cooling-Off Rule, your right to cancel for a full refund extends until midnight of the third business day after the sale.

Sales WThe Cooling-Off Rule applies to sales at the buyer's home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurants. The Cooling-Off Rule applies even when you invite the salesperson to make a presentation in your home.

Under the Cooling-Off Rule, the salesperson must tell you about your cancellation rights at the time of sale. The salesperson also must give you two copies of a cancellation form (one to keep and one to send) and a copy of your contract or receipt. The contract or receipt should be dated, show the name and address of the seller, and explain your right to cancel. The contract or receipt must be in the same language that's used in the sales presentation.

Some Exceptions

Some types of sales cannot be canceled even if they do occur in locations normally covered by the Rule. The Cooling-Off Rule does not cover sales that:

  • are under $25;
  • are for goods or services not primarily intended for personal, family or household purposes. (The Rule applies to courses of instruction or training.);
  • are made entirely by mail or telephone;
  • are the result of prior negotiations at the seller's permanent business location where the goods are sold regularly;
  • are needed to meet an emergency. Suppose insects suddenly appear in your home, and you waive your right to cancel;
  • are made as part of your request for the seller to do repairs or maintenance on your personal property (purchases made beyond the maintenance or repair request are covered).

Also exempt from the Cooling-Off Rule are sales that involve:

  • real estate, insurance, or securities;
  • automobiles, vans, trucks, or other motor vehicles sold at temporary locations, provided the seller has at least one permanent place of business;
  • arts or crafts sold at fairs or locations such as shopping malls, civic centers, and schools.

How to Cancel

MailSMTo cancel a sale, sign and date one copy of the cancellation form. Mail it to the address given for cancellation, making sure the envelope is post-marked before midnight of the third business day after the contract date. (Saturday is considered a business day; Sundays and federal holidays are not.) Because proof of the mailing date and proof of receipt are important, consider sending the cancellation form by certified mail so you can get a return receipt. Or, consider hand delivering the cancellation notice before midnight of the third business day. Keep the other copy of the cancellation form for your records.

If the seller did not give cancellation forms, you can write your own cancellation letter. It must be post-marked within three business days of the sale. You do not have to give a reason for canceling your purchase. You have a right to change your mind.

If You Cancel

If you cancel your purchase, the seller has 10 days to:

  • Cancel and return any promissory note or other negotiable instrument you signed;
  • refund all your money and tell you whether any product you still have will be picked up; and
  • return any trade-in.

Within 20 days, the seller must either pick up the items left with you, or reimburse you for mailing expenses, if you agree to send back the items. If you received any goods from the seller, you must make them available to the seller in as good condition as when you received them. If you do not make the items available to the seller - or if you agree to return the items but fail to - you remain obligated under the contract.

For More Information

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

BUSINESS TERM OF THE WEEK
HARD SELLING:
Applying psychological pressure (by appealing to someone's fears, greed, or vanity) to persuade the prospect to make a quick purchase decision. This approach is justified on the ground that most people are lazy and will postpone making a decision-even if it were in their best interest to make the commitment. This practice is, however, reviled when its sole purpose is the salesperson's gain at the customer's detriment. Also called high pressure selling.
Robert Alexander Eads
Vice President of Operations/Chief Operations Officer
Laredo Chamber of Commerce