| Information
& Resources
The vast majority of all business buyers are first time buyers,
unprepared to meet the complexities of a business acquisition.
However, whether you are considering your first acquisition or
are a seasoned investor, you can look to the professional business
broker for assistance in every phase of the transaction. The following, therefore, summarizes the key elements of the
business acquisition process as professionally conducted by a
professional business broker. Initial Meeting - Objectives, Needs and Requirements Review:
In preparation for this initial meeting with us, the business buyer should
complete our Buyer Response Form. By completing the form, you will send an
email to us with the information provided or you can print the confirmation
page and fax it to us. This, along with subsequent discussion relating to
your personal goals and objectives, will provide an adequate starting point
to begin a detailed search of our large listing inventory in order to develop
a selection of "target" businesses for your review. Review of Acquisition Alternatives:
This is where the professional edge can really make a difference in a successful
acquisition. The professional business broker will make every effort to provide
you with pertinent information on a target company's financial performance,
staffing, facilities, equipment, lease, inventory, customers and market areas
served. In most cases they will have tax returns, customer lists, etc. for
confirmation. Where the broker cannot provide verification of information,
they will advise you accordingly. When the various business names are disclosed, you will be required
to sign a standard "Confidentiality/Disclosure" form
which, is required by the business owner. On Location Visit:
Arrangements will be made to visit the target business(es), at a time
that will not disrupt operations, and in order to maintain confidentiality.
At this meeting with the business owner, the potential buyer can not only see
the business in operation but also ask detailed questions regarding the operation
of the business. Purchase and Sale Agreement:
The professional business broker can provide a standard Purchase and Sale Agreement
that covers the necessary elements of a business sale. The basic agreement
provides important contingencies to protect both Buyer and Seller as follows: Books and Records Review:
The Agreement specifically calls for a complete review (due diligence) of all
company records by Buyer and/or Buyer's agent, CPA or accountant. The Buyer
must approve, in writing, the records of the company before proceeding toward
a closing. Lease:
The Agreement specifies that the leasehold rights will be
assigned, or a new lease developed, in the exact manner as requested
by the buyer. Equipment and Fixtures:
The Agreement specifies that all equipment
and fixtures will be in working order and free of
liens at the time of closing. Inventory:
The Agreement specifies that all inventory included
in the sale is saleable and consists of the necessary quantity
and quality to conduct the business in the usual manner. Training and Counsel:
The Agreement provides for training and consultation, many times at no charge,
by the seller for the buyer's benefit. Structuring the Sale:
Of all the elements composing a business sale, deal structuring is the most
difficult and least understood by the layman. The options are limitless,
ranging from simple stock or asset sales, to partnerships, joint ventures,
etc. The broker will discuss deal structures with you and recommend
the most favorable arrangements for both parties. Preparation of Closing Documents:
The broker's personnel employ the same sophistication on a $100,000 sale that
it applies to a $10 million sale. They prepare clear, concise documents to
protect both parties and consult with accountants and attorneys to provide
an agreement of sale based on practical application of legal and tax issues. Final Closing and Follow-Up:
Following execution of the Purchase of Sale Agreement, the broker will arrange
for a closing agent, oversee the closing preparations, and follow-up on post-closing
procedures. All closing documents are provided to Buyer and Seller prior to
closing with adequate time for review by their prospective attorneys. Business
Sale closing costs are quite reasonable and usually split between Buyer and
Seller, and the seller is responsible for the Brokers Fee. We invite you to mail, fax or E-Mail our Buyer Response Form (along with any
listings selected) to get your search process started. This information will
go to the listing broker. If you would like to comment or request
other information please use our Contact Information on the About
Us page. |