Naturally, sellers want the highest price they can get for their business. In come cases, however, it might not be the best deal. For this reason, every offer should be scrutinized carefully. When an offer is presented, the first thing a seller looks for is the price. If it is lower than anticipated, the seller’s first reaction is to give it back, initiating the case for its being much too low. A seller should consider an offer carefully and avoid a hasty reaction. Here are a few alternatives that might offset a lower price: •    an offer with no or very few, and easily satisfied contingencies •    a consulting agreement or other deferred compensation •    a quick closing •    all cash, if that’s important •    employment contracts with relatives or long-time employee(s) •    business vehicle to remain with the seller •    buyer has a long success record indicating long-term survival •    short-term payment period if seller financed When a professional business broker is involved, … [Read more...]

A recent survey revealed the following percentage breakdown of last year’s business sales by business types. The information was furnished by business brokerage firms nationally and compiled by Business Brokerage Press.        Retail businesses 17% Food & Drink related business 14% Auto related businesses 9% Distribution type businesses 11% Manufacturing businesses 16% Service type businesses 25% Other 5% Professional Practices 4% Figures rounded Service type businesses include dry cleaners, quick print, video stores, etc.  Other businesses include coin laundries, delivery, product, and vending routes, and any that don’t fit into the other categories listed. What does this mean to you as a business owner?  It indicates that service type businesses seem to be creating the most activity from business buyers, followed by retail and the food and drink sector.  The service sector has also been the leader in businesses sold by business brokers for the previous two … [Read more...]

The most recent editions of BizComps, the leading resource for comparable sales data (www.bizcomps.com ) has some interesting information on small business pricing based on the three major regions of the country – Eastern states, the Central states and the Western states.  They cover thousands of actual business sales over a ten year period.  Here is the breakdown: Location                        Average Sale Price Western states                    $299,500 Central states                    $221,951 Eastern states                    $285,941 Using the Western states as the base, since that region of the country has the highest average price business, businesses in the Central states sell for 74 percent of the average price in the Western states; and the average price in the Eastern states is 78 percent of the Western states average. … [Read more...]

The buyer loves your business; it’s just what he or she has been looking for.  He has reviewed your financial statements and has made an offer contingent on several items.  You’ve reviewed the offer and it looks fine, so what’s next?  The contingencies in the deal mean that the buyer or his or her advisors have some concerns. In larger deals, this process might be called due diligence.  However, in the smaller business sale, the items of concern are usually spelled out as opposed to a general review of everything.  The reason for this is that larger businesses or companies have a lot more areas of concern than the typical smaller business. Most contingencies concern the review of financial statements and/or business tax returns.  Others may involve lease issues, the seller staying on for a set period of time, or some very specific issue such as repaving the parking lot, if the landlord won’t or isn’t required to. Unfortunately, some contingencies may be hiding other ones such as a … [Read more...]

For many owners, selling their business is a new experience, and there is always the fear of the unknown. Selling a business is a not only a major economic decision, but it can also be an emotional one. After all, many business owners have spent many years, and a lot of hard work building the business. When the decision to sell is made, there will inevitably be accompanying concerns. However, when faced head-on, these concerns can usually be addressed and resolved. Here are some of the major concerns and ideas on how to deal with them. Getting the Highest Possible Price Every seller wants to get the highest possible price for their business - that's a given. Here is an old, but very accurate definition: The Asking Price is what the seller wants. The Selling Price is what the seller gets. The Fair Market Value is the highest price the buyer is willing to pay and the lowest price the seller is willing to accept. Today's buyers are more educated, more sophisticated, and more … [Read more...]

A contingency in the sale of a business is a condition in the contract of sale or offer that must be resolved, satisfied or rectified by either a buyer or seller. If they are not satisfied then the sale will generally not go forward. Most offers on a business contain one or more contingencies. The sale may be subject to the buyer obtaining financing, or the seller repaving the parking lot. Experienced business brokers have seen just about every contingency there is. Most of these are placed in the offer by a buyer who has concerns about one or more issue and needs it or them to be satisfied before proceeding with or closing the sale. It may be as simple as the sale is contingent upon the buyer receiving a five-year extension of the lease by [a certain date]. Or, the offer to purchase may state that the sale is conditional upon the buyer's approval of the seller's books and records. The difference between the two examples is that in the first one, it is a specific event that must be … [Read more...]

The following is provided as a simple explanation of common leasing arrangements within a small business transaction. It is not intended to provide legal advice. The New Lease A new lease is created generally when the prior lease has expired or is about to and when there are going to be substantial changes to the existing lease. A new lease would be executed between the purchaser of the business and the landlord. It is a new document either drafted by an attorney or used in a standard form that is available at stationery stores and in many books. A new lease involves negotiations between the owner or purchaser of the business and the landlord. The Sub-Lease A sub-lease is nothing but a lease within a lease. For example, if the seller of a business is permitted to sub-lease the premises, he or she, as far as a new owner is concerned, is the landlord. In this case, the actual landlord is still dealing with the seller and has no relationship with the buyer. Obviously, the seller needs … [Read more...]

The cliché is that the key to business success is: location - location - location. If you own a business in which the location is an important reason for the success of the business, and you are considering selling, then the lease is a very critical issue in the sale. The time to deal with this is not in the middle of a sale, but before you even place the business on the market. Business brokers can recite many a story where, on contacting the landlord in the midst of a pending sale, they are told that the landlord has other plans for the space when the lease is up next month. Fortunately this is not a common occurrence, but if the lease is an issue, the time to deal with it is now. The Steps In Dealing with the Lease The first step is finding the lease. The second step is to read it. The third step is to visit the landlord and work out any lease issues. Before placing your business on the market, you need to see where you stand on the all-important issue of the lease. After … [Read more...]

This is a story based on a true incident - only some of the details have been changed. The buyer and seller were ready to close on a business when the buyer asked to look at the list of fixtures and equipment that were to be included in the sale. After a few minutes reviewing the list, the buyer said that the desk lamp on the owner's desk was not listed. The seller explained that the lamp was a gift from his parents many years ago and therefore it was not included. The buyer got very upset, stating that the lamp was just perfect for that desk and he wanted it. The seller tried to explain that the lamp had lots of sentimental value, but that he would replace it with another desk lamp. This did not satisfy the buyer, and in order to stop the sale from falling part, the seller agreed to subtract $1,000 from the purchase price to keep the lamp. That made the desk lamp a very expensive one. The point of this is that when buyers look at a business, they assume that everything they see is … [Read more...]

Depends on whom you are asking. If you're the seller, you might say that the asking price is too low. The buyer would say, obviously, that the asking price is too high. How can they both be right? Who decides? Most sellers have an idea of what they want for their business. It can be based on their knowledge of the industry and what similar businesses have sold for. It may be, however, based on just a wish. There is the old, but true, story of the two partners who decided to sell their business. When asked what the price would be, they both responded with the same answer - $2 million. When asked how they arrived at that price, they each said that they wanted to be a millionaire and two times $1 million was $2 million. Sellers often say that the asking price doesn't make any difference since it can always be reduced. What they don't realize is that if the price is not realistic, buyers won't even look at it. Buyers are aware that they can make an offer, but if the starting point is too … [Read more...]