Successful Closing When Selling Your Business
The closing is the formal transfer of a business. It usually also represents the successful culmination of many months of hard work, extensive negotiations, lots of give and take, and ultimately a satisfactory meeting of the minds. The document governing the closing is the Purchase and Sale Agreement. It generally covers the following:
• A description of the transaction – Is it a stock or asset sale?
• Terms of the agreement – This covers the price and terms and how it is to be paid. It should also include the status of any management that will remain with the business.
• Representations and Warranties – These are usually negotiated after the Letter of Intent is agreed upon. Both buyer and seller want protection from any misrepresentations. The warranties provide assurances that everything is as represented.
• Conditions and Covenants – These include non-competes and agreements to do or not to do certain things.
There are four key steps that must be undertaken before the sale of a business can close:
1. The seller must show satisfactory evidence that he or she has the legal right to act on behalf of the selling company and the legal authority to sell the business.
2. The buyer’s representatives must have completed the due diligence process, and claims and representations made by the seller must have been substantiated.
3. The necessary financing must have been secured, and the proper paperwork and appropriate liens must be in place so funds can be released.
4. All representations and warranties must be in place, with remedies made available to the buyer in case of seller’s breech.
There are two major elements of the closing that take place simultaneously:
• Corporate Closing: The actual transfer of the corporate stock or assets based on the provisions of the Purchase and Sale Agreement. Stockholder approvals are in, litigation and environmental issues satisfied, representations and warranties signed, leases transferred, employee and board member resignations, etc. completed, and necessary covenants and conditions performed. In other words, all of the paperwork outlined in the Purchase and Sale Agreement has been completed.
• Financial Closing: The paperwork and legal documentation necessary to provide funding has been executed. Once all of the conditions of funding have been met, titles and assets are transferred to the purchaser, and the funds delivered to the seller.
It is best if a pre-closing is held a week or so prior to the actual closing. Documents can be reviewed and agreed upon, loose ends tied up, and any open matters closed. By doing a pre-closing, the actual closing becomes a mere formality, rather than requiring more negotiation and discussion.
The closing is not a time to cut costs – or corners. Since mistakes can be very expensive, both sides require expert advice. Hopefully, both sides are in complete agreement and any disagreements were resolved at the pre-closing meeting. A closing should be a time for celebration!
Read MorePIERCING THE CORPORATE VEIL: WHEN YOUR LLC OR CORPORATION DOESNOT PROTECT YOU FROM PERSONAL LIABILITY
One of the main reasons business owners form corporations and limited liability companies (LLCs) is to avoid personal liability for debts and liabilities of their business. Generally, business owners are protected from the debts and liabilities of their corporation or LLC because these entities are considered separate and distinct from those who own them (owners of an LLC are referred to as members, and owners of a corporation are shareholders). Despite this, in some circumstances courts will “pierce the corporate veil” and hold an LLC or corporation’s members/shareholders personally liable for the debts and liabilities of the business. This is the most frequently litigated matter in corporate law.
1. WHEN WILL THE COURTS “PIERCE THE CORPORATE VEIL”?
“Piercing the corporate veil” is a common-law doctrine and rests in case law precedent. While there is no bight-line rule, “piercing” is generally available when business owners (a) unreasonably commingle their personal funds with business funds, (b) fail to follow corporate formalities, and (c) otherwise treat the LLC/corporation as their alter ego instead of a distinct legal entity. Many courts have stressed that when an entity is undercapitalized this is also an important factor to consider, although it may not by itself justify “piercing the corporate veil.”
a. Unreasonable Commingling
Business owners must keep their personal assets and funds separate from those belonging to the business. The most common example of commingling funds is when an owner deposits business funds into his or her personal account, and vice versa. Neither should business owners pay personal bills and expenses with a corporate check or credit card, nor pay business expenses with a personal check or credit card. Furthermore, any loans an owner makes to the business should be documented by a promissory note or similar instrument, and member/shareholder meeting minutes approving of the terms of the loan should be memorialized. What constitutes “unreasonable” commingling is determined on a case-by-cases basis, using case law precedent to draw similarities to the case at hand.
b. Failure to Follow Corporate Formalities
Most business owners regularly neglect maintaining proper records and fail to follow corporate formalities. For example, shareholders and directors must hold regular meetings to maintain a separate and distinct identity of the company. State statutes require corporations to notice, hold, and properly document at least an annual meeting of shareholders and to approve fundamental changes and large transactions involving borrowing, compensation, and purchasing. These meeting minutes should be memorialized by the secretary and stored in a corporate binder. It is also necessary to maintain normal accounting records and financial statements for the business.
c. Alter-Ego
A court may also “pierce the corporate veil” when a unity of ownership and interest exists between the business and its controlling owner. This happens when the business ceases to exist as a separate entity and is the “alter ego” of the controlling owner, and when recognizing the owner and business as separate and distinct would result in fraud or injustice. The existence of the following facts would support the “alter ego” theory: (a) commingling personal and corporate funds and other assets, (b) issuing stock/membership interests without authority, (c) undercapitalization, (d) misrepresentations of ownership, assets, and financial interests, (e) avoiding creditors by transferring assets to owners.
d. Undercapitalization
When a corporation or LLC is formed, the members/shareholders make capital contributions to the business in the form of services, money, assets, or a combination thereof. Adequately capitalizing the new business is essential, and owners should capitalize the business to the extent necessary to cover reasonably anticipated liabilities given the nature and magnitude of the business, as well as the normal operating costs and expenses of the business. Undercapitalization is generally determined when the business is formed, so a later infusion of capital is not enough to negate personal liability to the owners.
2. BEWARE OF SINGLE-MEMBER LLCS
In 1996 the IRS enacted “check the box” regulations, allowing non-corporate entities (such as LLCs) to be taxed as partnerships. However, an LLC with one member cannot be a partnership, so the IRS declared that a single-member LLC (SMLLC) does not exist for federal income tax purposes (this is also referred to as a “disregarded entity”). Although SMLLCs may have tax advantages and are easier to maintain, it is much easier to “pierce” the veil of a SMLLC. To avoid the “piercing of the veil” issue, many corporate attorneys advise their clients to do two things: (i) create sufficient legal documentation (including a single-member operating agreement and Board of Manager resolutions, etc.) to reflect that the single-member LLC is indeed a separate entity and has been treated as such; and
(ii) if there is significant liability exposure, issue a small equity interest (e.g., 2%) to a close relative. Issuing a small equity interest will create a multiple-member LLC — in which case it will not be a “disregarded entity” for tax purposes.
Content provided by Law Offices of Tyler Q. Dahl. If you have any questions or concerns regarding these matters, please do not hesitate to contact the Law Offices of Tyler Q. Dahl at (916) 565-7455.
Disclaimer: This material was prepared for general informational purposes only, and is not intended to create an attorney-client relationship and does not constitute legal advice. This material should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a qualified attorney regarding any specific legal problem or matter.
Read MoreImportant Questions Business Buyers Ask
If you are even thinking about selling your business, it’s good to know the questions the important questions business buyers ask and want answers to.
For example, the first question almost always asked by buyers is: If this is such a good business why is it for sale? How you answer this question can make or break a sale. A vague answer can discourage buyers from further consideration of your business, as they may assume the worst.
If you say you are “burned out’ or just ready to try something new – that’s fine. If you’ve owned and operated the business for 10 to 15 years, buyers will most likely accept your reason for sale and continue their investigation. However, if you’ve only owned and operated the business for two years or less, a prospective buyer may find it concerning that you are already burned out or ready for something new.
If you’re sick, be open about what the problem is; otherwise buyers will think you are just sick of the business. The worst thing a seller can do is to fudge an answer or not provide a completely honest answer. Buyers will, most likely, see right through the given reason for sale and walk away. So, even if you really are tired of or just plain hate running your own business, be up front and explain why. Honesty is always the best policy.
It is also a good policy to engage the services of a professional business broker. We have been through many transactions and can help a prospective seller deal with the reason for sale as well as the other questions a buyer may have. Here is a brief list of other questions buyers often ask:
• Why should I buy an existing business rather than start one myself?
• How are businesses priced?
• What should I look for?
• What does it take to be successful?
• What happens if I find a business I want to buy?
• Do I need outside advisors?
In addition, buyers often want answers to some more specific questions such as:
• How long has the business been in business?
• How long has the present owner owned the business
• How much money is the business making?
• Are the books and records readily available?
• Will the new owner help me learn the business?
These and many other questions are ones that we as business brokers deal with every day, equipping you to help prepare honest and useful answers. While all of these questions are important, the question that creates the biggest stumbling block and one of the simplest to be proactive on is having “books and records readily available.” If your records are not up to date or not easily understandable buyers will move very quickly to the next business they are looking to purchase.
© Copyright 2015 Business Brokerage Press, Inc.
Read MoreImportant Lease Information when Selling or Buying a Business
If your business is not location-sensitive, that is, if your business location is immaterial to its success, then the following may not be important. However, lease information is usually helpful no matter what the situation. The business owner whose business is very dependent on its current location should certainly read on regarding important lease information when selling or buying a business.
If your business is location-sensitive, which is almost always true for a restaurant, a retail operation, or, in fact, any business that depends on customers finding you (or coming upon you, as is often the case with a well-located gift shop) – the lease is critical. It may be too late if you already have executed it, but the following might be helpful in your next lease negotiation.
Obviously, a very important factor is the length of the lease, usually the longer the better. If the property ever becomes available – certainly consider all the options it takes to purchase it. However, if you are negotiating a lease for a new business, you might want to make sure you can get out of the lease if the business is not successful. A one-year lease with a long option period might be an idea. Keep in mind that you will most likely want to sell the business at some point – make sure the landlord will outline his or her requirements for transfer of the lease.
If you’re in a shopping center, insist on being the only tenant that does what your business does. If you have a high-end gift store, a “dollar” type of store might not hurt, but its inclusion as a business neighbor should be your decision. Also, if the center has an anchor store as a draw, what happens if it closes? The same is true if the center starts losing businesses. Your rent should be commensurate with how well the center meets your needs.
What happens if the center is destroyed by fire or some other disaster – who pays, how long will it take to rebuild? – these questions should be dealt with in the lease. In addition to the rent, what else will be added: for example, if there is a percentage clause – is it reasonable? How are the real estate taxes covered? Are there fees for grounds-keeping, parking lot maintenance, etc? How and when does the rent increase? Who is responsible for what in building repair and maintenance?
A key issue for many business owners is determining who holds ultimate responsibility for the rent. Are you required to personally guarantee the terms of the lease? If you have a business that has been around for years, or if you are opening a second or third business, the landlord should accept a corporation as the tenant. However, if the business is new, a landlord will most likely require the personal guarantee of the owner.
The dollar amount of the rent is not necessarily the most important ingredient in a lease. If the business is successful – the longer the lease the better. If it’s a new business, the fledging owner might want an escape clause. And, in any case, the right to sell the business and transfer the business is a necessity. Buyer’s will pay close attention to the length of the lease and wether the terms are above or below market value. This can obviously be an asset or liability when it comes time to sell a business.
© Copyright 2015 Business Brokerage Press, Inc.
Read More3 Costly Estate Planning Mistakes Business Owners Make
1. No estate planning at all. This one is a no brainer and a mistake that is common to everyone not just business owners. No estate planning documents means that the family must go through the Probate court to handle all personal and business related issues if the business owner becomes incapacitated or dies. This is costly on a number of levels because dealing with the court is expensive, slow, and stressful for all of those involved and it causes a disruption to the business itself.
2. Establishing a Trust but Failing to Fund the Business into Their Trust. Again, this mistake is extremely common to everyone. A trust is simply a legal contract which allows for the private (outside of court) management and distribution of one’s assets upon their incapacity and death. It is an estate planning tool used primarily to avoid the Probate Court. While it can be a very effective tool, the Trust will only control those assets which are formally and legally tied to the Trust. The common misconception is that if an asset is listed or named in the Trust documents somewhere, it is automatically under the control of the Trust.
THIS IS SIMPLY NOT TRUE!
Example: Business Owner sets up a trust for the benefit of him and his wife during his lifetime, with his children named as secondary beneficiaries upon both of their deaths. He neglects however, to change the title of his business to the name of the Trust. When he dies, his interest in his business entity (S Corp., LLC, Sole Prop.) is vested in his name. When he dies, a Probate court proceeding is required to transfer his interest in his business to his wife because simply naming the business itself in the trust documents is not sufficient to transfer his interest to the trust. Generally, the issuance of new stock shares, a book transfer, or assignment is required for the formal transfer of the business interest depending upon the type of business entity.
3. No Buy Sell Agreement or Business Continuation Strategy. When a business owner becomes incapacitated or dies, the business either has to be sold or it can be continued by another party. However, the mechanism by which this happens needs to be spelled out specifically and plans made ahead of time to provide for the efficient transition of the business. Even if the court is not involved in this process because the business owner has provided for it to be handled through their trust (see Number 2 above), there are a number of issues which should be addressed in more specificity that is best addressed in an additional document such as a Buy Sell Agreement. Some of these issues include the terms of the sale/transfer and the method for valuing the business. A lack of specific instructions can cause a disruption to the business and disagreements among the parties involved.
The moral of the story is that court is expensive, time consuming, and frustrating to deal with. By having properly funded estate planning and business planning in place, business owners can avoid the unnecessary burdens and costs to their families and their businesses of having to deal with the court system.
Cecilia Tsang
Sacramento, CA
Read MoreToday’s Variety of Possible Business Buyers
Once the decision to sell has been made, the business owner should be aware of the variety of possible business buyers. Just as small business itself has become more sophisticated, the people interested in buying them have also become more divergent and complex. The following are some of today’s most active categories of business buyers:
Family Members
Members of the seller’s own family form a traditional category of business buyer: tried but not always “true.” The notion of a family member taking over is amenable to many of the parties involved because they envision continuity, seeing that as a prime advantage. And it can be, given that the family member treats the role as something akin to a hierarchical responsibility. This can mean years of planning and diligent preparation, involving all or many members of the family in deciding who will be the “heir to the throne.” If this has been done, the family member may be the best type of buyer.
Too often, however, the difficulty with the family buyer category lies in the conflicts that may develop. For example, does the family member have sufficient cash to purchase the business? Can the selling family member really leave the business? In too many cases, these and other conflicts result in serious disruption to the business or to the sales transaction. The result, too often, is an “I-told-you-so” situation, where there are too many opinions, but no one is really ever the wiser. An outside buyer eliminates these often insoluble problems.
The key to deciding on a family member as a buyer is threefold: ability, family agreement, and financial worthiness.
Business Competitors
This is a category often overlooked as a source of prospective purchasers. The obvious concern is that competitors will take advantage of the knowledge that the business is for sale by attempting to lure away customers or clients. However, if the business is compatible, a competitor may be willing to “pay the price” to acquire a ready-made means to expand. A business brokerage professional can be of tremendous assistance in dealing with the competitor. They will use confidentiality agreements and will reveal the name of the business only after contacting the seller and qualifying the competitor.
The Foreign Buyer
Many foreigners arrive in the United States with ample funds and a great desire to share in the American Dream. Many also have difficulty obtaining jobs in their previous professions, because of language barriers, licensing, and specific experience. As owners of their own businesses, at least some of these problems can be short-circuited.
These buyers work hard and long and usually are very successful small business owners. However, their business acumen does not necessarily coincide with that of the seller (as would be the case with any inexperienced owner). Again, a business broker professional knows best how to approach these potential problems.
Important to note is that many small business owners think that foreign companies and independent buyers are willing to pay top dollar for the business. In fact, foreign companies are usually interested only in businesses or companies with sales in the millions.
Synergistic Buyers
These are buyers who feel that a particular business would compliment theirs and that combining the two would result in lower costs, new customers, and other advantages. Synergistic buyers are more likely to pay more than other types of buyers, because they can see the results of the purchase. Again, as with the foreign buyer, synergistic buyers seldom look at the small business, but they may find many mid-sized companies that meet their requirements.
Financial Buyers
This category of buyer comes with perhaps the longest list of criteria–and demands. These buyers want maximum leverage, but they also are the right category for the seller who wants to continue to manage his company after it is sold. Most financial buyers offer a lower purchase price than other types, but they do often make provision for what may be important to the seller other than the money–such as selection of key employees, location, and other issues.
For a business to be of interest to a financial buyer, the profits must be sufficient not only to support existing management, but also to provide a return to the owner.
Individual Buyer
When it comes time to sell, most owners of the small to mid-sized business gravitate toward this buyer. Many of these buyers are mature (aged 40 to 60) and have been well-seasoned in the corporate marketplace. Owning a business is a dream, and one many of them can well afford. The key to approaching this kind of buyer is to find out what it is they are really looking for.
The buyer who needs to replace a job is can be an excellent prospect. Although owning a business is more than a job, and the risks involved can frighten this kind of buyer, they do have the “hunger”–and the need. A further advantage is that this category of buyer comes with fewer “strings” and complications than many of the other types.
A Final Note
Sorting out the “right” buyer is best left to the professionals who have the experience necessary to decide who are the best prospects.
© Copyright 2015 Business Brokerage Press, Inc.
Read MoreStart Planning Your Exit Strategy
Business owners are often asked, “Do you think you will ever sell your business?” The answers vary from: “Only when I can get my price” to “Never” to a realistic “I don’t really know” with everything else in between. “When will you sell your business?” is often asked, but very seldom answered. Certainly, misfortune can force the decision, but no one can predict this event. Most don’t believe or accept the old expression that advises, “It is always a good idea to sell your horse before it dies.”
There is an also an old adage that says: “You should start planning on exiting your business the day you buy or start one.” You can’t predict misfortune, but you can plan on it. Unfortunately, most sellers wait until they wake up one morning, and just drive around the block several times working up the courage to begin the day working in their business. This is a common sign of “burn-out” and is an-going problem with small business owners. Or, they face family pressure to start “taking it easy,” or to move closer to the grandkids. Now what?
There are really only four ways to leave your business. Obviously, the easiest is to put the key in the door and walk away. It’s also the worst way! The years of hard work building a business has a value. Another way is to transfer ownership to one’s children or child. Assuming one of them is interested and capable, it can mean a successful transfer and a possible income stream. A third way is to sell it to an employee. The employee may know the business, but may lack the interest or skill for ownership or the funds necessary to pay for it. The fourth way, and the one taken by the majority of small business owners, is to sell it and move on. Every business owner wants as much money as possible when selling, so now may be a good time to begin a pre-exit or pre-sale strategy. Here are a few things to consider when you start planning your exit strategy.
Buyers want cash flow.
Buyers are usually buying a business with a cash flow that will allow them to make a living and pay off the business, assuming it is financed – and most are. Buyers will look at excess compensation to employees and family members. They will also consider such non-cash items as depreciation and amortization. Interest expenses along with owner perks such as auto expense, life insurance, etc., will also be considered. A professional business broker is a good source of advice in these matters.
Appearances do count.
Prior to going to market, make sure the business is “spiffed up”. Do all of the signs light up properly at night? Replace carpet if worn; paint the place and replace that old worn-out piece of equipment that doesn’t work anyway. If something is not included in the sale – like the picture of Grandfather Charlie who founded the business – remove it. An attractive business will sell for much more than a tired and worn-out looking place.
Everything has value.
Such items as customer lists, secret recipes, customized software, good employees and other off-balance sheet items have significant value. They may not be included in a valuation, but when it comes time to sell, they can add real value to a buyer.
Eliminate the Surprises.
No one likes surprises, most of all, prospective buyers. Review every facet of your business and remedy any problems, whether legal, financial, governmental, etc., prior to placing your business up for sale.
Your professional business broker can assist in all facets of preparation. They know what buyers are looking for and they also are familiar with current market conditions
Read MoreQ3 2015 Sellability Score Tracker Results- How Sellable Is Your Business?
The 3rd quarter 2015 Sellability Tracker showcases survey results based on business’s completing The Sellability Score Survey, an interactive tool offering a comprehensive assessment of the “Sellability” of a business. Completing the Sellability questionnaire gives you an overall Sellability Score out of 100, plus your score on the eight key drivers of Sellability, which are statistically proven to increase the value of your company.
The average offer multiple of earnings for owners completing the survey for Q3 2015 was 3.76. Below are a few Q3 highlights from a few of the 8 key drivers that have an affect on how Sellable a Business is and on Multiples of Earnings from buyer’s offers. How Sellable is your business?
Multiple of Earnings |
Q3 2015 Sellability Tracker Average is 3.76 |
3.99 | If your business is geographically scalable |
4.03 | Companies that offer little or no customization to their product or service get somewhat higher offers. |
Owner Relationship with customer |
|
2.92
4.52 |
Owner knows each customer by first name
Owner does not know customers personally and rarely gets involved in serving an individual customer. |
How Easy Would It Be To Accommodate 5 X Demand? |
|
2.94
4.56 |
Impossible
Very easy |
Businesses with recurring revenue > than 50% of total revenue get more offers and higher multiples. |
|
3.76
4.14 |
12.29% of surveyed received offers (average)
17.56% with recurring revenue > than 50% of revenue received offers |
Size matters |
|
2.86
3.67 4.42 5.10 |
< than 1m in Revenue
1-3m in Revenue 3-10m in Revenue 10m+ in Revenue |
Record Keeping |
|
2.37
3.42 4.59 |
Bring shoebox of receipts to CPA at years end
Use accounting software product like QuickBooks Review and Engage accounting audit in place |
Overall Sellability Score |
|
2.76
3.59 3.76 4.17 5.10 6.27 |
<50
50-60 Average 70-80 60-70 80+ |
The Sellability Score algorithm was developed using a quantitative survey of business owners and is continually refined, based on the thousands of business owners who get their score each quarter. Achieve a Sellability Score of 80+ and – based on research from thousands of test cases – your company will be worth 71% more than the average business. To learn more about how to improve the Value of Your Business visit Evobizsales.com or call Evolution Advisors in the Roseville/Sacramento area at 916-993-543.
Read MoreSmall Business Transactions Down Slightly From 3rd Quarter 2014 reported by BizBuySell
As reported in BizBuySell’s recent Q3 2015 Insider’s Report the number of business transactions in the 3rd quarter of 2015 are down. This is compared to the markets record high level in 2014. Bob House, Group GM of BizBuySell.com andBizQuest.com said “After a very active 2014, this year’s small drop in transactions should be viewed as a stabilization of the market rather than a trend in the opposite direction. Overall, the buying-selling environment remains very robust.”
Below are some notables from the report. To view the entire report click here.
- Small Business transactions down 9% compared to 3rd quarter 2014 totaling 1814 business’s changing hands.
- Financial stability of business’s listed grew 4% to $450,000 in average revenue.
- Retail industry saw the biggest decline at 17% fewer transactions
- Pacific region down 22% in business sales transactions
- The median revenue of small businesses has been on a steady incline since mid-2012, leading to higher sale prices upon exit.
- BizBuySell Buyer-Seller Confidence Index reported a Seller Confidence Score of 62, up after two consecutive years at 56.
Regional Business Listed Data*
California Highlights | # listed | Cash Flow Multiple | Hypothetical 250kCash Flow x Multiple = Listing Price |
Contra Costa-Alameda-Solano, CA | 189 | 2.75 | $687,500 |
Sacramento–Arden-Arcade–Roseville, CA | 212 | 2.85 | $712,500 |
San Diego-Carlsbad-San Marcos, CA | 401 | 2.50 | $625,000 |
San Francisco-Oakland-Fremont, CA | 363 | 3.17 | $792,500 |
San Jose-Sunnyvale-Santa Clara, CA | 162 | 2.96 | $740,000 |
Read More
Are there Advantages to Seller Financing?
Business owners who want to sell their business are often told by business brokers and intermediaries that they will have to consider financing the sale themselves. Many owners would like to receive all cash, but many also understand that there is very little outside financing available from banks or other sources. The only source left is the seller of the business.
Buyers usually feel that businesses should be able to pay for themselves. They are wary of sellers who demand all cash. Is the seller really saying that the business can’t support any debt or is he or she saying, “the business isn’t any good and I want my cash out of it now, just in case?” They are also wary of the seller who wants the carry-back note fully collateralized by the buyer. First, the buyer has probably used most of his or her assets to assemble the down payment and additional funds necessary to go into business. Most buyers are reluctant to use what little assets they may have left to secure the seller’s note. The buyer will ask, “what is the seller not telling me and/or why wouldn’t the business provide sufficient collateral?”
Here are some reasons why a seller might want to consider seller financing the sale of his or her business:
- There is a greater chance that the business will sell with seller financing. In fact, in many cases, the business won’t sell for cash, unless the owner is willing to lower the price substantially.
- The seller will usually receive a much higher price for the business by financing a portion of the sale price.
- Most sellers are unaware of how much the interest on the sale increases their actual selling price. For example, a seller carry-back note at 8 percent carried over nine years will actually double the amount carried. $100,000 at 8 percent over a nine year period results in the seller receiving $200,000.
- With interest rates currently the lowest in years, sellers usually get a higher rate from a buyer than they would get from any financial institution.
- Sellers may also discover that, in many cases, the tax consequences of financing the sale themselves may be more advantageous than those for an all-cash sale.
- Financing the sale tells the buyer that the seller has enough confidence that the business will, or can, pay for itself.
Certainly, the biggest concern the seller has is whether or not the new owner will be successful enough to pay off the loan the seller has agreed to provide as a condition of the sale. Here are some obvious, but important, factors that may indicate the stability of the buyer:
- How long has the buyer lived in the same house or been a home owner?
- What is the buyer’s work history?
- How do the buyer’s personal references check out?
- Does the buyer have a satisfactory banking relationship?
Advantages of Seller Financing for the Buyer
- Lower interest
- Longer term
- No fees
- Seller stays involved
- Less paperwork
- Easier to negotiate
© Copyright 2015 Business Brokerage Press, Inc.
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