If you are selling your business you know the importance of keeping your sale under wraps. Confidentiality, both of the for-sale status of your business and of your business documentation (like bank statements, tax returns and contracts) is paramount. Your initial conversations with your business broker likely included discussions about how to keep confidentiality intact – by staying tight lipped around your employees, by keeping you business listing vague, by giving specific lists of individuals who should not be allowed to receive information, etc.

What about the buyers who will be privy to all of that confidential information? How do you decide the level of vetting they receive before finding out anything about your business?

The simple answer is the more buyers that get to see your business, the higher the likelihood that you will be able to sell. Using an industry standard NDA (non-disclosure agreement) and a good broker who will ask the right questions should be sufficient to screen the majority of potential buyers – but some business sellers want to take the screening process to the next level. 

Requirements like proof of financial capability and buyer background (such as industry experience or education) are things you as a business seller have the right to ask for – these are hoops that any buyer will eventually have to jump though anyway as the deal progresses. What you need to consider is in some cases putting all of the hoops at the very beginning, before the buyer even learns the name of the business – might drive some buyers away. 

There are some circumstances where a heavier vetting process would be necessary – for instance the purchase of a multi-million dollar business is going to require any potential buyers to prove they have the financial means necessary before access to proprietary information will be granted. For most main street small businesses this high-level vetting isn’t necessary. What is necessary is getting your business in front of as many buyers as possible. 

Heavy screening up front can be a double edged sword – so you need to have a frank and honest discussion with your business broker about why you think you need any “above and beyond” initial requirements, and then listen to their experienced advice about how to proceed. In reality less is usually more when it comes to initial vetting, and any business broker worth their salt is going to ask the right questions before disclosing your business.

As the seller, it is ultimately up to you who learns the for-sale status of your business, who gets to see your business documentation and in the end who gets to buy it. Ask lots of questions in your initial discussions with a business broker. Find out how they maintain confidentiality and what they recommend in terms of initial buyer vetting. Then use your best judgement to come up with a plan that makes you comfortable while staying realistic with the process.

Are you considering selling your business and think your circumstance calls for very rigorous vetting of potential buyers? Would you like to know more about how we maintain the confidentiality of our client’s businesses? Please ask us! Feel free to 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