Be Aware of Naked Brokerage Transactions with Business Aircraft
Contributed by Doug Kvassay, Aircraft Sales Representative
The primary focus of a Naked Broker is to maximize their personal income, not minimize the cost or risk to the buyer.
I first heard the term "Naked Brokerage" from a colleague who used it to describe an aircraft brokerage deal where the broker did not have a written agreement with either the buyer or seller of a business aircraft. Because, the broker has no protection or guarantee of payment from either side, they essentially are "naked."
Increased Aircraft Sale Price
In a Naked Brokerage situation, a business aircraft buyer is typically talking to many brokers offering different aircraft, some of which are represented by a second broker, who has the actual agreement to represent the seller. During the course of the transaction, the broker will contract with the seller of the business aircraft while at the same time write a duplicate contract between themselves and the buyer, increasing only the sales price. Surprisingly, many aircraft transactions are done this way due to ignorance or indifference on behalf of the aircraft buyer.
No Incentive to Represent Buyer Interests
Brokers in a Naked Brokerage transaction are not guaranteed to receive payment for their efforts. During every transaction they look out for their own interests and seek to maximize their profit; oftentimes collecting fees many times greater than paid under an acquisition agreement. In the Naked Brokerage arrangement, the interests of the broker in the middle are not aligned with the interests of the buyer. Their primary focus is to maximize their income, not minimize the cost or risk to the buyer.
Seek Out Predetermined Brokerage Fees
More and more aviation attorneys are refusing to consult on purchases set up as a Naked Brokerage transaction. They want to receive the warranty of title and any other representations, directly from the actual owner, not from a broker in the middle of the transaction.
Most business aviation brokers offer an acquisition service, where the fee is predetermined and the acquisition agreement clearly states that the broker is solely looking out for the interest of the buyer. This benefits both the buyer and the broker. The broker will receive the predetermined fee and the buyer will get 100% of the broker’s effort in the acquisition transaction.
The Bottom Line
Always take a second look at the Letter of Intent and make sure you understand exactly who you are buying the aircraft from.
Duncan Aviation offers business aircraft acquisition services where the fee is predetermined and the agreement clearly states we are working for the buyer. Our interests are to secure the aircraft that best fits their needs at a greatest value. View the latest aircraft for sale by Duncan Aviation’s Aircraft Sales & Acquisition.
Doug Kvassay is a part of a team of four Aircraft Sales Representatives. He specializes in advanced aircraft aftermarket analysis and managing complex transactions. His aviation career began in 1980.
For more updates from Duncan Aviation, please follow us on Twitter and become a fan on Facebook.