The NDA – Important Information For Business Buyers



If you are new to the business buying process, there are several steps that can seem very uncomfortable – like having to give potential sellers, business brokers and your possible new landlord access to proof of your finances (so those involved in the transaction can see proof that you can, in fact, afford the business you are about to buy). While initially unpleasant these steps are critically important for a successful business purchase.

 

One of the steps for new buyers that can seem unpleasant is the signing of non-disclosure agreements, or NDAs – but it is also one of the most important.

 

What is the NDA and why do you need to sign it?

 

The NDA is an agreement that says you will not disclose any of the information you are about to be given on a particular business – including the fact that it is this particular business that is for sale. Each business you request access to will require it’s own NDA, so the longer you shop for a business to buy, the more NDAs you will have to sign.

 

Confidentiality in business sales is of the utmost importance, so for the protection of the business and the protection of the seller the NDA is a must before any information is given to any potential buyer. It provides the seller of the business with legal protections – meaning legal consequences for a careless buyer who discloses anything about the business to someone they shouldn’t, even telling someone inappropriate that the business is for sale. Without this confidentiality people like the staff, the customers and the vendors might think the business is for sale because it is on the brink of failure (almost never true when a business is for sale) and will leave the business for better prospects somewhere else.

 

The importance of non-disclosure means if you as a buyer are uncomfortable with signing the NDA, you aren’t going to be able to buy a business. The NDA can’t be changed to suit your tastes, it can’t be amended to take the legal risks for you away – it is what it is. Sign it or don’t, but no seller in their right mind will allow a buyer anywhere near their business or their books without this all-important legal protection.

 

If it is the legal repercussions you are concerned about – you shouldn’t be. All you have to do is keep the information you are given to yourself. That’s it. If you tell your neighbor’s wife in a casual conversation at the mailbox that the business is for sale or you talk to your barber about the last three years of tax returns you’ve been shown – those potentially devastating disclosures will land you in hot water. If you talk to your broker, your attorney or your CPA about this business you are thinking about buying – there will never be a need to enforce the legal repercussions of the NDA.

 

NDAs are good for you as a buyer because they keep all potential businesses on the market safe from the disasters an inappropriate disclosure can cause. You don’t want you brand new business adventure to have been damaged by another careless buyer. You also want access to all of the proprietary and financial documentation possible before you buy so you can sure about your purchase before you write a big check. The NDA provides for both.

 

Don’t be nervous about signing the NDA, as long as you do what’s asked of you by keeping the information to yourself – it will get you one step closer to owning your own business.

 

Do you have questions about the legal repercussions of the NDA? Would you like to know more about the process of buying a business? Ask us! Please feel free to leave any comments or questions here and we will be happy to help.

 

 

 

Michael Monnot

941.518.7138
Mike@InfinityBusinessBrokers.com
12995 South Cleveland Avenue, Suite 249
Fort Myers, FL 33907

www.InfinityBusinessBrokers.com


How A Business Seller Can Combat Bad Advice



 

If you are selling your business, it isn’t just the opinions of business buyers you need to contend with.

 

Business buyers typically come with an entourage – an entourage with very strong feelings about the sale of small businesses.

 

Who’s in this entourage?

 

There are spouses and in-laws who are very interested in how much money is going to be spent on a new business venture. There is a severely inexperienced real estate agent friend who wants the commission for helping with the purchase of the business – and as this is the friend’s first foray into business transactions they have no idea what they’re doing. There’s an uncle who’s a CPA for a school district who knows absolutely nothing about business transaction accounting – and this uncle will happily advise your buyer that your very fairly priced business should only be listed for a third of what it is. There’s a buddy from the gym who read an article about earn-outs and now thinks every small business sale should be done that way. The list can go on and on, but you get the drift.

 

This well-meaning but ill-informed entourage can play havoc in a business transaction. They can undermine negotiations and cause rewrites of contracts. They can even kill a deal. While they will always be there – there are things you can do as a seller to combat their terrible advice.

 

What can you do? Be prepared.

 

You can hire an experienced and professional business broker who will be your buffer with this entourage. They can keep inexperienced pseudo-brokers out of the deal, help you hire the right professionals to get your business ready to sell and they can use their experience to negotiate on your behalf with whatever entourage member is currently causing issues.

 

The buyer’s inexperienced CPA uncle won’t be necessary if you’ve had a CPA who is familiar with business transactions and valuations set up your books so any buyer can clearly see where the cash flow is coming from.

 

You can have your business records in order, with everything from receipts to contracts neatly organized and all of your financial data inputted to accounting software that will allow any buyer to see the day-to-day, month-to-month and yearly numbers.

 

You can also mentally prepare for this inevitable part of selling your business. If you know that ridiculous advice is inundating the buyer’s side you are less likely to be offended past the point of no return when some of that ridiculous advice starts to mess with your deal. By staying patient and staying the course you are much more likely to have a successful closing.

 

The point here is your best course of action when dealing with a buyer’s entourage is patience and preparedness.

 

Do you have more questions about how to prepare your business for sale? Would you like to know more about what a business broker can help you with? Ask us! Leave any questions or comments here and we would be happy to help.  

 

 

 

Michael Monnot

941.518.7138
Mike@InfinityBusinessBrokers.com
12995 South Cleveland Avenue, Suite 249
Fort Myers, FL 33907

www.InfinityBusinessBrokers.com


Maybe College Isn’t For You – The Millennial Entrepreneur



 

Once upon a time, it was the American dream to own your own business.

 

Kids grew up in world where the example of entrepreneurial blood, sweat and tears was the only path to a better future for yourself and for your family.

 

Fast forward to today. Today’s kids get roped into enormous amounts of student loan debt because the new path to the American dream is a higher education. An expensive higher education. An expensive higher education that doesn’t necessarily mean a job on the other end. Que the trend of college grads moving back into mom and dad’s place.

 

This push for higher education at the expense of all other walks of life hasn’t made anyone any happier or any richer than the generation before. In fact, it’s put a large part of the millennial generation in a financial hole they might never come out of.

 

What has this push for higher education done to the entrepreneurial spirit? It’s choking the life out of it. If you come out of four, six or eight years of higher education you are probably in no financial position to take on the financial risk of owning your own business. You’ve also spent the last handful of years outside of the workforce. You may have learned a lot, but the learning wasn’t of the practical nature best suited for business ownership.

 

We’re not saying that higher education is a bad thing. What we are saying is it doesn’t have to be everyone’s path. If you see yourself 10, 20 years down the road as the owner of your own business – there’s no need to wait. You don’t need a lofty or expensive degree to be a great entrepreneur. You need drive and passion.

 

Instead of asking your folks to send you to college, maybe the better path would be to invest in a business. Buying an existing business can be less risky than starting from scratch and it allows you to take the reins from a seller who will be able to train you.

 

If your parents aren’t thrilled with the idea of you going-it alone, then maybe a family partnership is in the cards. There are also ways for a millennial entrepreneur to fund a business purchase through the Small Business Administration (SBA). Ask a business broker about what opportunities would be available. You might be surprised with what’s possible!

 

If entrepreneurship is for you, there’s no need to saddle yourself with student debt to get there. Talk to a business broker today about your goals for business ownership and the capital you have available – and they will be able to help you decide on the best entrepreneurial path for you.

 

Do you have more questions about how to get funding for the purchase of a business? Would you like to know what a family partnership might look like? Ask us! Leave any questions or comments and we would be happy to help.

 

 

 

Michael Monnot

941.518.7138
Mike@InfinityBusinessBrokers.com
12995 South Cleveland Avenue, Suite 249
Fort Myers, FL 33907

www.InfinityBusinessBrokers.com



Michael Monnot

941.518.7138
Mike@InfinityBusinessBrokers.com

12995 South Cleveland Avenue, Suite 249
Fort Myers, FL 33907

Michael Monnot

941.518.7138
Mike@InfinityBusinessBrokers.com

12995 South Cleveland Avenue, Suite 249
Fort Myers, FL 33907




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