The Paperwork Series: The Purchase Contract For Business Buyers

Buying a business is no small task, and many first-time buyers are initially intimidated by the paperwork required to make a sale happen.

 

The good news is the paperwork, contracts and red tape required for buying a business are totally do-able.

 

You just need to stay on top of requirements, have patience and have the right help.

 

 

After you have signed non-disclosure agreements and have had a chance to check out a few businesses, the next set of paperwork you will encounter will be your purchase contract.

 

What is a purchase contract?

 

When you find a business you really like, you will put together an initial offer with your business broker and present that offer to the sellers. This initial offer opens up the negotiating table, and after a bit of back and forth between both parties you will hopefully have your amended offer accepted by the sellers.

 

Your initial offer, once accepted, essentially becomes the purchase contract. This contract is basically a guide for what will happen during the transaction process.

 

What will it include?

 

It will vary from transaction to transaction because businesses are inherently complex and each one is very different from the next. Some basic items the purchase contract will cover? The price offered, the length of the due diligence period and the length and scope of training are a few of the things covered in your contract, but there will also be many more.

 

The complexity of this agreement is one of the major reasons the professional help of an experienced and qualified business broker is necessary for a successful transaction. Drawing up a purchase contract on your own could leave you in a lurch if you forget something critical.

 

An important point about seeking professional help with your purchase contract: your business transaction attorney could also help you with the purchase contract  – however, notice we said business transaction attorney. Your family law attorney or the attorney you used for a civil lawsuit are not going to understand a purchase contract the way a business transaction attorney would. Remember that an attorney’s sole purpose is to protect you from any and all risk – and all businesses come with an inherent amount of risk. This contradiction means it will be tough to properly advise you if your attorney has never been a part of a business transaction. The solution is to use the advice of a business transaction attorney and business broker instead.

 

Do you have more questions about the purchase contract in a business sale? Would you like to know more about what’s included? 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

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The Paperwork Series: The NDA For Business Buyers

Buying a business is no small task, and many first-time buyers are initially intimidated by the paperwork required to make a sale happen.

 

The good news is the paperwork, contracts and red tape required for buying a business are totally do-able.

 

You just need to stay on top of requirements, have patience and have the right help.

 

 

We’ll start with the first paperwork you will come across, the non-disclosure agreement. This is an agreement you must sign in order to learn the name and physical location of a business that interests you.

 

Why do you have to sign it? When a seller puts their business on the market, the confidentiality of that for-sale status is crucial for protecting the business. When confidentiality is breached an entire staff can quit, vendors can cancel contracts and the competition may move in for the kill.

 

The non-disclosure agreement protects the confidentiality of the business by creating legal repercussions for a buyer who discloses the business inappropriately. You as a buyer can avoid these repercussions by keeping the information you are given to yourself and by following the instructions of your broker in regards to any financial documents or associated information you are given.

 

What if I don’t like a portion of the non-disclosure agreement? Can I cross out the portions I don’t like before I sign it? No, you can’t. Non-disclosure agreements are standard documents, and as such changes are not permitted.

 

If you are uncomfortable signing the non-disclosure, consider the reason it is needed. If you were selling your own business, you would want legal repercussions in place to protect that business. You wouldn’t be comfortable handing over sensitive and/or proprietary information to just anyone in that same way you probably wouldn’t be comfortable handing your personal tax return to the strange guy sitting next to you at a coffee shop.

 

You should discuss any reservations you have with your business broker, but understand that your refusal to sign a non-disclosure agreement will probably put a stop to your ability to buy a business.

 

Do you have more questions about the non-disclosure agreement and what it means for you as a buyer? Would you like to know more about the business buying process? Ask us! Please 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

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Business Buyer Questions: What Can I Afford?

 

What can you afford?

 

This is an important question, but a vastly more important question is…

 

What can you REALISTICALLY afford?

 

Anyone around for the real estate crash of 2008 knows that a major contributor to that disaster was people buying homes they had no business buying. Great big loans were common, and eager home buyers leapt at the chance to buy dream homes that were well out of realistic reach. 

 

While one would hope that we’ve all learned our lesson, there are many instances in the business market today where buyers make a 2008-esque mistake. They purchase a business they can’t realistically afford and guess what happens? Failure. Time and time again we’ve seen buyers bite off more than they can chew, use up all of their free capital and end up having to walk away six months after the closing table.

 

How do you protect yourself from this disaster?

 

Have a frank and honest conversation with your business broker when you start the business buying process. Your broker needs to know what funds you actually have available and what you are willing to risk. It should go without saying that you should be using as little of your free capital as possible for the purchase of your new business.

 

Why?

 

You are going to need cash available for a litany of things when you take over the helm. Payroll, inventory, licensing – there are day to day costs that will need to be paid in order for the business to continue running long enough for you to get profitable. 

 

What we’re trying to drive home here is if you have $100,000 available – don’t look at $100,000 businesses. Look for businesses well below your max budget so you leave yourself some financial wiggle room in your early days as owner. 

 

Are you currently looking for businesses to buy and want to know what you can realistically afford? Would you like to know more about how much free capital you should leave yourself? Ask us! Leave us 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

 

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Want To See A Business On Vacation? PLAN AHEAD

 

It’s a request we get all. the. time. A prospective buyer has made a trip to our area, they’ve already been here a week and they would like an on-site tour of one of the businesses we have listed. Oh, and they fly back home tomorrow morning so the tour has to be now

 

Guess what? It’s a hard no.

 

Why? 

 

Business sales are nothing like home sales where you can make a call and someone can drive you around that day. Everyone knows when a home is for sale, and that knowledge of the home’s for-sale status is a good thing. 

 

The opposite is true for existing businesses.

 

Business sales work under a tightly controlled layer of confidentiality. This confidentiality covers everything – from the tax returns to the very name and location of the business. A business that reveals it’s for-sale status can be setting itself up for potential ruin. Regular customers will (incorrectly) assume that a business for sale is a business on the brink of failure and take their business elsewhere. Staff can quit en masse to find more stable work. Competitors can move in for the kill. All bad things, right?

 

The necessity of confidentiality means that potential buyers must sign non-disclosure agreements before even the name and location of a business can be disclosed. They will likely need to arrange several conference calls with the seller and business brokers involved to decide if a business fits with their goals for business ownership. Then (and only then) does it make sense for a potential buyer to see the physical location of the business. This on-site tour will need to take place before or after business hours when no staff or customers will be on site, and will need to be coordinated between the schedules of the buyer, seller, brokers involved and the business itself. Guess what? That 100% can’t be done before your plane leaves tomorrow. 

 

Do yourself and your chance for getting a look at a business a favor – plan ahead. Have the cursory conversations with your broker, the conference calls with sellers and the time and flexibility to arrange on-site meetings – way, way ahead of time.

 

Are you in the market to buy a business and want to know more about how confidentiality affects the process? Would you like to know what businesses in the area might meet your goals for business ownership? Ask us today! 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

 

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How To Solve The Family Entrepreneurial Divide

Owning a business means putting your heart and soul into a living, growing business entity – and with all that heart and soul comes a lot of personal attachment. Many small business owners dread the day when life will force them to hand over the reins to someone else. How could anyone else do the job like they do? How could anyone else possibly care as much as they do? What if a new owner changes things? These are the things of entrepreneurial nightmares.

 

What do many small business owners do to deal with their issues of letting go? They try to groom one or more of their children to take the helm. By handing the business down to one’s offspring you can always keep one foot in the door and still exert some control, even if it is from behind the scenes. You can also continue to reap the financial rewards of small business ownership by taking a salary to fund your retirement.

 

 

Unfortunately, however, many small businesses that get handed down to children fail or take such a steep decline that the aging parents must come out of retirement to try and right the ship.

 

Why does this happen?

 

Children are not clones of their parents – they are their own people with their own motivations, hopes and dreams. A great many children of business owners take over the family business not because they want to, but out of a sense of duty.

 

Any successful business owner will tell you that without drive and passion there is little chance of keeping a business alive. If you try to force that drive and passion onto someone else – the outcome could be ugly. In other cases it isn’t a lack of drive or passion, some people just aren’t cut out to be business owners.

 

If you are grooming your kids for life as the owner of your business you need to consider that they, secretly or not, might not want to do what you do.

 

If you have a family business, the first thing you need to do is have a serious talk with your kids about the future of the business, their dreams and their goals. You might be surprised to learn that they want to do something else.

 

If this is the case, all is not lost. You can still make a return on all of the investment of time,energy and money you have contributed to your business over the years by selling the business. You can use the proceeds of that sale to fund your retirement or to invest in a business venture that your children actually want.

 

The message here is every business owner needs to deal with the reality that no one lives forever, and for the business to continue someone else needs to take the reins. Turn all of the love you have for your business into capital you can use instead of forcing your kids to take the helm.

 

Do you own a business and have always planned to give the business to your children? Have your kids expressed zero desire to take over when you retire? Would you like to know what businesses like yours have recently sold for? Ask us! Please 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

 

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Benefits Of The E2 Visa – A Primer For Business Buyers And Sellers

This United States is a country of immigrants. Our foundation was built on the backs of the small business owners who came to this country to give their families a chance at a better life. While today’s anti-immigration news climate might seem to impede the path of those living abroad who have a desire to move to the United States – it doesn’t mean you can’t get here. The entrepreneurial American dream is still very much alive and well.

 

The United States allows several pathways for those who would like to come here and invest in a business – because those businesses help to strengthen the American economy and create jobs.

 

One of these pathways is by way of the E2 Visa.

 

 

An E2 Visa is an option worth considering if you are a foreign buyer because it allows a non-immigrant investor to come to the U.S. with their spouse and children to live and work so long as they invest in a business that qualifies for E2 status. There are rules to consider, such as whether or not the country where you hold citizenship will allow you to qualify for this type of Visa, but those answers can easily be found by checking the Department of Homeland Security U.S. Citizen and Immigration Services website, found here:

 

http://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

 

or by asking a qualified business broker who has experience with the E2 Visa process (like us!).

 

If you are a business seller, then this type of Visa could potentially be very important to you as well. If your business qualifies for E2 status, then you will be opening your business listing to a huge market of investor buyers who are looking for a way to come the the United States.

 

If you haven’t heard of getting your business qualified for the E2, don’t be surprised – there are not many brokers who are experienced in this type of transaction, and many falsely believe that throwing a Visa into the mix will slow a transaction down. While a Visa does add a few more steps (mostly on the buyer side of the table), in most cases the process will only be delayed by a few weeks – and quite frankly we have had more deals held up by the sellers themselves than we ever have by consulates evaluating E2 status.

 

If you think the E2 might be your path to entrepreneurship in the United States, don’t delay. There are great businesses for sale that currently meet the E2 requirements. If you haven’t asked about qualifying your business for the E2 Visa, please do by contacting us today! The more buyers who see you business as a potential investment opportunity, the better – so why limit yourself to only local and national buyers? Get your small business on the international scene and you will have a great chance of finding the right buyer.

 

For more information about the E2 Visa process, please also visit our sister site,

 

http://e2visa.com/

 

Are you a foreign buyer who is interested in the option to buy a business in the States with the E2? Are you a seller who wants to know if your business would qualify? Please feel free to 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

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Hate Sharing Personal Information? A Business Buyer Must

It’s a question we get asked all the time. Why do you need to know my personal information for the NDA (Non-Disclosure Agreement)

 

 

Sharing personal information can be difficult, especially with a person you have likely never met and only know via conversations on the phone. 

 

Guess what? When you begin your foray into the purchase of a business, you will need to come to a level of comfort with sharing your personal information. 

 

For starters, a business broker will need your full legal name, permanent physical address and email (if not more) before they can send you a non-disclosure agreement to sign. The NDA protects the business from disclosure – of its for-sale status, of its proprietary information and its confidential financial documents to name a few. 

 

To gain access to such a large amount of information a prospective business buyer only needs to offer up the paltry pieces of information listed above – like their name, address and email. 

 

Why? It’s simple. The NDA only works if it can be linked to a specific person. There might be hundreds of men named John Smith in a particular city, but there is only one John Smith who lives at a particular address, has a particular phone number and a specific email. 

 

Many first-time buyers balk at providing their personal information for the NDA, but the reality is you are going to have to get used to sharing your personal information if you want business sellers to share possibly proprietary or confidential information about their businesses with you. The NDA is only the first, and the least intrusive, of the documentation that will be required during the process of buying a business. Down the line you will need proof of your finances for both the seller and your new commercial landlord, you may need to pass a background check and get fingerprinted for certain types of business licensing, you will possibly need to supply a history of your education and work experience, etc.

 

While it might from the outset seem intrusive, consider the view from the other side of the negotiating table. A business seller has to share everything about their business with you, so asking for some identification as to who you are at the outset isn’t that much of a stretch.

 

The point here is, while uncomfortable, sharing your personal information is going to be a large part of the business buying process – so the sooner you get used to that fact, the better. 

 

Are you considering buying a business, but aren’t sure you want to share your personal information? Would you like to know more about how your information will be used or shared? 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

 

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No Website? Why Business Sellers Need An Online Presence

We all know the importance of an online presence in our digital world, but what many business owners may not consider is what the lack of an online presence can do to the possible future sale of their business.

 

 

Why would a lack of an online presence hurt a business sale? Consider the view from the other side.

 

You are looking for a business to buy, a good investment. You find two nearly identical businesses for sale – similar numbers, similar industries and similar locations. One business has a poorly maintained Facebook page that appears to have been nothing more than an afterthought. The second business has a visually appealing and highly informative website.  

 

As an investor, which business appears to be more sound? Which one appears to have a more attentive and growth-driven owner? Which business looks like it would be favored by potential new customers?

 

The answers to these questions are easy. The business with the better (or any) website, right?

 

You no longer have to be an IT expert to give your business a decent web presence. There are a multitude of web design services like Wix or Squarespace that allow you to use simple templates and drag-and-drop features to make your own website from scratch. There is also the option of hiring a website designer, although this will be more expensive than a do-it-yourself version. Either way, your business will have a web presence that speaks to a level of professionalism that a Facebook page (or no online presence at all) could never do.

 

Ok, I get that I need a website, but what should I include? A good business website has the name, address, phone number, email and other necessary contact information that is easy to find. You should also include information about the products or services your business offers, your hours of operation, menus or product lists and any other helpful information that you would want your customers to know. How are you different from the competition? How will your services or products help?

 

By having a visually appealing and highly informative website in place before you list your business for sale you will be giving buyers a great first impression. You will also be telling prospective buyers you are a business owner who is interested in the growth and future of the business you’ve built far better than the perception that you are a business owner who is behind the times.

 

Are you a business owner who is thinking about selling but don’t have a web presence to speak of? Would you like to know more about what buyers look for in a business? Please feel free to 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

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Future Entrepreneur? Why You Should Pretend That Unicorns Are Impossible

 

Pop culture mythology is full of entrepreneurial unicorns – these semi-urban myth creatures who start a tech company and 6 months later sell it for millions or billions of dollars. Many hopeful budding entrepreneurs see these news snippets and falsely believe that entrepreneurship, if done the “right” way, can make them fabulously wealthy in no time at all.

 

If you are considering a career as an entrepreneur, you will essentially doom yourself to failure if you think the world of business ownership is quick or easy. It just isn’t.

 

Believing you can enter business ownership and suddenly vault yourself into fabulous wealth is a dangerous way to enter a reality where hard work and perseverance are the only keys to success.

 

Want the cold, hard truth of entrepreneurial unicorn stories?

 

Owning a business is tough.

 

If you own a business, the buck stops with you. Even in a larger business with a management structure and many employees – you are ultimately responsible for the success or failure of your business. Business owners work long hours, can have high levels of stress and don’t always make tons of money (especially in the first few years). You need to accept that becoming the master of your own destiny by working for yourself means you need to have the drive and grit to get the job done.

 

You probably won’t get fabulously wealthy.

 

We all know the names of the entrepreneurial NFL quarterbacks like Zuckerberg and Jobs – but just like the chances of any high school football player making it to the starting lineup on Super Bowl Sunday, most entrepreneurs don’t become billionaires. This is not to say, however, that you wouldn’t make a good living owning your own business. If you work hard you can absolutely make a decent amount of money and have a good quality of life. Keeping yourself grounded in financial reality will keep you eye on the right goal – growing your business – instead of chasing an impossible scenario.

 

Owning a business can be very, very rewarding.

 

Even though entrepreneurship is tough and probably won’t make you a multimillionaire, the benefits and rewards of owning your own business make the journey completely worth the effort. Owning your own business means you get to be your own boss. It means every dollar you make, you’ve made for yourself and not someone else. It means you have the flexibility to set your own schedule. It means you get to be the master of your own destiny. It means you get to wake up every morning and do something your love to do. The benefits far outweigh the effort it takes. Just head into the world of business ownership firmly grounded with realistic (and non-unicorn) expectations and you have a far better chance of success.

 

Are you thinking about becoming a business owner and have questions about how much money you can make when you own a business? Would you like to know what types of businesses are currently for sale in your area? Ask us! Please feel free to leave us any comments or questions 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

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Big Mistakes: Don’t Sink Your New Business

Although unfortunate, it does happen. Business buyers get their hands on a profitable business and within six months they are calling us to sell because they are literally days away from complete and utter failure – like having to lock the doors and walk away.

 

 

How does this happen?

 

There are four big mistakes that can cause you to pull the rug right out from under your own feet, but they can easily be avoided if you know what they are and apply some common sense to your new venture.

 

Spending All Of Your Cash

 

You might have $100,000 to spend on a business, but that doesn’t mean that you should be shopping for businesses that are listed for $100,000. Buying a business and launching yourself into business ownership is an expensive adventure, and you will need to reserve enough of your capital to keep yourself in the black long enough to get the business generating a profit with you at the helm. You will need cash for licensing fees, for your new commercial lease, for inventory and payroll in your first few weeks as owner – only to name a few. When deciding what you can and can’t afford, be honest with your business broker about the money you have available and they can better assist you with finding a business that will reserve some of your cash.

 

Ignoring Red Tape

 

Yes, bureaucracy is annoying. Licensing requirements are confusing, expensive and time-consuming – but that doesn’t mean that you can skate around the requirements. You need to be sure that you are operating your business in accordance with the licensing requirements of your industry, state, county and city. If you aren’t, it is only a matter of time before you are caught – and the consequences can be devastating (think the loss of a liquor license or major fines and penalties, for example). Pay attention to the red tape.

 

Coasting Too Early (Or Ever)

 

You found a great little business, and from day one you were lucky enough to be pulling a profit, so you take your foot off the gas and let the business essentially run itself. This always ends in disaster. Think about why this business was great in the first place. The former owner worked incredibly hard to maintain what worked and continually focused on the future growth of the business. That simple formula, always maintaining and growing your business, is the key to success. Owners that stop trying always stop succeeding.

 

Changing Everything

 

You bought a profitable restaurant, but you hate everything about it. The decor is dated, the equipment isn’t the top of the line and the menu doesn’t appeal to your vision of restaurant ownership. You spend your first six months of ownership completely gutting the kitchen and dining room, a massively expensive renovation. Then you come up with an entirely new menu that is a huge divergence from what the restaurant used to serve. While you are at it, you also change vendors and essentially every operating procedure. After all of this massive upheaval, you are shocked that you can’t get customers in the door and that all of your staff jumped ship. Where did everybody go? The old phrase “if it ain’t broke, don’t fix it” goes a long way in explaining this most expensive of mistakes. The restaurant in this example was successful because it had a regular clientele who loved the menu and quaint decor and a happy staff who were good at their jobs. New owners who change things before they give themselves the time to understand why certain aspects of the business work (or why they don’t work) are setting themselves up for failure. A new owner is far better off following in the footsteps of the prior owner until they are sure the changes they want to make are changes that will actually improve the business, not hurt it.

 

If you are looking at businesses to buy – be aware that you need to be careful of too many changes, you need to keep the business growing, you need to stay on top of red-tape issues and you need to be careful with your cash if you want to be successful.

 

Are you in the business market and are curious about what businesses you could afford with the cash you have available? Do you have more questions about how to avoid the pitfalls we talked about here? 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

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Michael Monnot

941.518.7138
Mike@InfinityBusinessBrokers.com

9040 Town Center Parkway
Lakewood Ranch, FL 34202




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