How to sniff out stinky brokers

Discussion in 'Ask An Owner Operator' started by Gunz444, Dec 29, 2012.

  1. Gunz444

    Gunz444 Light Load Member

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    Here are some ways I try to sniff out the stinky brokers.
    Of course this post is NOT aimed at any one person or anything like that. I am just talking in generalities here. I am NOT speaking directly about anyone here on this forum. I want to be clear about that.....:biggrin_25525:

    When I do my Due Diligence on a broker (or any company for that matter, especially one I might lease on to) I always look at how they have set up the business. I get real nervous when I find things like the Operating Authority issued to one person(individual) or entity and then the the whole business is operating under a non registered dba name and there is some other "holding " company of some kind listed and or mentioned in the whole thing. These kinds of FACTS regarding a business and a BROKER should not be overlooked when looking for stinky things!!! If I cant easily find a Corporation Registered in good standing with respect to a Broker, I run away. It is real easy to get on the State Secretary of States website from where the broker in question is supposedly running a business and look them up. If they are not in the database, I start looking for other stinky issues.

    One thing I also do on a broker when they have their authority issued under their name is to run a background on them and any obvious spouses. Checking a persons background on a personal level seems acceptable to me if they are stupid enough to register their authority under their own individual name. Why do this??? Why? Unless you want to be able to run from one company to another with the same authority. Not all states allow a business to run under a non-registered dba. Funny how the scum bag brokers almost always seem to be operating in a state that allows corporations to run under non-registered dba names. This makes it very easy for a stinky broker to hide behind many different fictitious names to avoid being researched or to avoid the law. Scum bags set up this way so they can defend themselves against lawsuits and so they can actually represent themselves vs having the expense og hiring an attorney. A lot of these scumbags seem to think rather highly of themselves. Sometimes thay may have actually spent some time in law school. Again, beware.

    A lot of scum bag brokers do this because it is legal to go out and set up a biz and run under one of the corporate officers authority. This is something that the FMCSA needs to put a stop to. If you see this...RUN RUN RUN AWAY!! Al lot of scum bag brokers also have the authority in their name and the business entity that is set up is in the name of the wife. Be real cautions about these kinds of things.

    Now I know saying this that some of you might be set up this way, and I have to say I think you really need to set up a biz entity. Running under your own name on a Federal authority is really not the way you want to to it. A person who professes to be a GURU would certainly know this right? Well unless they have it set up to run as a scumbag.

    A lot of scum bag brokers get things set up in their name so they can defend themselves in court since they tend to get sued a lot. If you set up a Corporation or LLC to get your authority, then if you have legal issues, in most states you have to HIRE an attorney since it is not legal for an officer of a Corp to represent the corp in a law suit.

    Again, I ask this, especially to the GURU types out there, why in this day and age do you set up a trucking company under your own name and not some sort of legitimate business entity anyway?

    It also makes me nervous when I find MORE than one authority issued to the same person or entity. This is usually a scumbag tip off.

    I also do background checks on individual officers of corporations when I am really digging for stinky stuff. There are several FREE online ways to go about discovering a corporations history setup and relationship to other corporations. When you see weird things, be cautions. When I work with REAL small one person shop type brokers, I look them up individually with a simple goggle search. The last thing you want to discover AFTER yo have been scammed is that a simple Google search would have told you that the broker or their wife or some other officer of the supposed company had a shady past. By shady past I mean things like loosing professional licenses and such. Remember, it takes one to know one and scumbag brokering is pretty much a Mom&Pop enterprise in a lot of cases.

    Hope this helps some of you avoid the stinky brokers.
     
    JimmyWells Thanks this.
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  3. Mastertech

    Mastertech Staff Leader / Admin Staff Member Administrator

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    Y'all need to relax a little....I am seeing some bickering going on and that serves no good purpose.
     
    bullhaulerswife and Gunz444 Thank this.
  4. Mastertech

    Mastertech Staff Leader / Admin Staff Member Administrator

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    Don't call me MOM again either....:biggrin_25521:

    I don't want to lock this or ban anyone....that is not my goal. I just ask that y'all post towards each other with respect.
     
    dannythetrucker Thanks this.
  5. Gunz444

    Gunz444 Light Load Member

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    MOM stands for

    MY

    OMNIPITENT

    MODERATOR

    What is wrong with this reference.? Are we good?
     
  6. Mastertech

    Mastertech Staff Leader / Admin Staff Member Administrator

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    We are fine Gunz..... I was just kiddin with you a little is all.
     
  7. Gunz444

    Gunz444 Light Load Member

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    Its more like OMNIPRESENT isnt it?

    Thanks for keeping us in line. I appreciate it.
     
    Mastertech Thanks this.
  8. thelushlarry

    thelushlarry Road Train Member

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    I forgot the question!
     
  9. Gunz444

    Gunz444 Light Load Member

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    The question...originally...was how to sniff out the stinky brokers.

    I am going to get back to the reason I posted this thread.
     
  10. Gunz444

    Gunz444 Light Load Member

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    Last edited: Dec 30, 2012
    rickybobby Thanks this.
  11. RedForeman

    RedForeman Momentum Conservationist

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    I'd suggest the number one reason is the income tax benefit of claiming a portion of income as a dividend distribution, achieving a lower tax rate on all earnings. The liability protection is well known to not be very effective.

    I'll be interested to hear your take on that topic.

    That's something that never struck me as a thing to be suspicious of. Usually either someone who prefers to keep it simple and believes the tax advantage isn't worth the trouble, or that doesn't want to bother with changing to a registered corp, either the SOS requirements or FMCSA name change gauntlet.

    What was the red flag? For what it's worth, I hauled only one load for them Nov 2011. Nothing about the transaction and carrier set up caught my attention in a negative way. The load was uneventful, came off without a hitch, and they paid in a timely fashion. The only reason they were a one-load wonder for us is that I have reefers and most of their loads I'd see were cheap van freight. That one that worked happened to be booked the day before Thanksgiving. Holiday pressure pushed the rate high enough on a last minute dry load for me to look at it. Since no more loads with them, I had no exposure when they went TU last month. If they had better rates and maybe some reefer lanes, that could have been different. Of course, if they had better rates, they might still be operating LOL.
     
    LSAgentOZR and Gunz444 Thank this.
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