Can I legally issue a refund to my customer when the funds came from their lending company?

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We recently completed a project where we supplied a new retail business with equipment and furniture. The original order was close to $100k. The customer received an equipment loan from a third party lender for the items they purchased from us. However, after we sent the lender invoices for the goods and the lender paid us in full for those invoices, the customer later decided to cancel some of the items in the original order (nearly $20k worth of goods). Now the customer wants us to issue them a check back for the cancelled items. Is this legal to do? And if so, could we do it from a tax standpoint where I'm sure the lender will 1099 us for the full original order amount at the end of the year. Thank you for your time - your answers are very much appreciated!

Attorney Answers

2
Dean Kirby ·
You should NOT issue that check without permission from the lender. If the lender is really a lender and not an equipment leasing company, the equipment sold is now collateral for the lender's loan. The security agreement entered into with the lender will likely prohibit the sale of the lender's collateral without the lender's permission. If part of the sale is rescinded, the lender should get part of its money back. So your customer needs to go to its lender and ask how much the lender should be repaid in exchange for releasing that portion of the collateral. The practical answer is the same in the case of an equipment lease. A release of the lender's collateral would probably take the form of UCC-2 amendment to the lender's financing statement
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