Selling a business in America is one the complicated and cumbersome process and business selling starts from the day one of business established and will be continue thought the life cycle of the business. You may be the owner for a period of time on the life cycle of the business or you may be the only owner for the entire life cycle of the business. Either case, whenever the owner wants to sell a business, it will go through the similar kind of situations for the sale of an American business or exchange of the ownership.
The business can sell either by Owner (SBO) or Professionals (Brokers/ Agents).
In the current world the Sell By Owner (SBO) percentages is very less, as the selling
of business requires lot of Marketing, Documentations, Many people’s Involvements
and Coordination’s, and also it is associated to the lot of Legal Issues, Clearances,
needs a Disclosures, and Possibility of arising of Post Sale Complications and Law
Suite before expire of Statutory Limitations.
Businesses are selling by the Professionals, who are licensed, and hands on experience
have sound knowledge on the marketing, legal requirements, rule & regulations, maintenance
of the privacy, net work with all other associated business professionals etc. Their
effective marketing and secure selling will give a peace of mind to the seller.
Hence most the sellers will hire the Brokers / Agents to sell their businesses.
Once you decided to sell the businesses these are common methods
using to sell the businesses
- Creation of Agency Relation : When you hire
a professional, who have experience in the selling of business, and prefer local
business professional as local professionals as they have more local knowledge than
other area professionals. With this you are building an Agency relation with broker.
I.e. you are the principle and broker is agent of you.
- Listing agreement : Make Listing Agreement with broker for the sale of business and see the terms and
conditions before you sign such Contract Period, Fees for the service, Type of Contract,
Protection clause, breach clause and other related clause. And ask the business
professional to give the copies for your records.
- Review of the seller business documents :
As soon as you sign the professional please make available all the financial data
documents of the business and also other associated documents to the professional
for the review and to prepare the marketing material. And also keep all the books
and records to be updated and make the business premise neat and clean and if possible
make paint also. Make all the equipment should be in a working condition
- Business valuation : Get the Valuation report from the licensed professional who are expert and specialized
in the Business Valuations with that you will know the value of the business.
- Sales brochure : Once you have the data and valuation report prepare the marketing data with highlighting
the selling points of the business.
- Marketing : Once the marketing material is ready then put in the internet markets for the sale such as Bizworldusa, Multiple Business Listing Alliance, Business Listing Alliance, and Business Listing World etc
- Target area Marketing : Send your marketing
flyers to the target community areas with mailing to them and also placing flyers
in the areas where the targeted people will reach.
- Buyer Calls : After you sent the flyers
and marketing materials you will get the calls from the Prospective Buyers to get
a more information about the business.
- Pre screening the buyers calls : As soon
as you get a call from the buyer before going to release the information verify
weather will they qualify to buy that business.
- Confidential Agreement : Once you pre qualify
the buyer and ask them to sign a confidential agreement to receive the seller business
- Visiting the Locations : It is always good
and best practice to make an appointment with seller before going to see the location.
And all parties i.e. buyer, buyer agent, and seller should be at the business premise
at a same time buyer visiting
- Review of Reports : Once buyer like the
business locations and other associated business things, then the buyer and broker
has to go thorough the all available reports.
- Meeting with Owner : Once the buyer read
and understood the business documents then make an appointment with seller to go
through the given business documents and also to get a clarifications for the seller
for all of buyers questions. And also the buyer can see the other reports and personal
documents. The seller can tell about the how the business is doing, what are the
future developments, and the growth of the businesses.
- Present an Offer : Once the buyer satisfied
with seller business, provided documentations, then the buyer will present an offer
to the seller to buy the business with all of their terms and conditions.
- Negotiations : If the offer
price is low or the terms and conditions are not acceptable to the seller, then
the buyer and seller can negotiate on the price, terms and conditions of the offer.
- Final Contract : Once the buyer and seller
agreed the terms and conditions then broke will make a final contract to sign all
parties including the brokers.
- Due Diligence : Once the buyer and seller
signs the contract the buyer will starts due diligence according to the contract
and they can also hire the professional to conduct an investigation.
- Review on the Due Diligence Report : Once
the buyer completed their personal investigations and also reviewing the hired professional
reports. If the buyer personal due diligence and received reports satisfy the buyer
and then the buyer will remove the contingency and moves further as per the contract.
- Open an Escrow : Most of the case the escrow
will open upon satisfactory completion of due diligence. The escrow will conduct
either in the escrow company or attorney office who conducts the escrow services.
The escrow officer will prepare the all necessary documents based on the instructions
of the all parties and all parities will be signed and the document will sent for
the appropriate areas for all clearances.
- Apply for the License and Permits : As soon
as all parties signs the documents the buyer will apply for the all necessary business
loans, licenses and permits, and if the buyer want an any extra license the buyer
will starts applying those also.
Review the Escrow Reports : The escrow company
will sent all the reports received by them. The buyer and seller has to go thought
it and if they have question they can discuss with broker or concerned parities.
If all are satisfied and got all clearances then the seller and buyer can give an
escrow instruction for final papers.
- Final Inspections and Inventory Count :
The buyer and sell do final inspections of the business premises check every thing
is there according to the contract and call the inventory company to find out the
exact value at that time in order to pay the seller.
- Signing of Documents : All parties involved
in the transactions will be sign the final closing documents and the buyer will
deposit all necessary funds to close the escrow.
- Closer of Escrow : With consent and approval
of all parties, the escrow company closes the escrow with transferring of Title
to the buyer from the seller and all the documents are recorded at appropriate authority.
All the monies will disperse as per the agreed net sheet.
- Post Closer Training : As per the contract
the seller will provide training to the buyer regarding the business from A to Z.
If you are interested to know more about the how to sell the business or you have
questions about the selling of business please send an email at
one of our approved business selling professionals
will contact you.