Common Mistakes Business Owners Make When They Sell A Business Privately!
Which would YOU prefer; a nice relaxed retirement or litigation?
Sorry! Was that a bit blunt?
I'd rather stir business owners up now than let them find out TOO LATE that their business is not saleable or will not sell for the amount they need! Worse still, the business sale could end up in expensive and lengthy LITIGATION.
Sadly, TOO LATE and LITIGATION are all too common.
Selling a business privately or through a broker is a complex and lengthy process with many traps for the unwary owner to fall in to. Some of these can end up in litigation. What are some of the common mistakes owners make?
(1) I've had my business for 30 years it must be worth a $1 million
WRONG! Whilst longevity is a factor it doesn't affect the market value very much.
(2) I'll just run an advertisement on the internet and buyers will stampede to my door!
WRONG! You may get a lot of callers and waste hours dealing with them, however the best buyers don't come this way.
(3) It's a waste of money engaging a lawyer and using a sale agreement. I'll just write something up with the buyer.
WRONG! You most definitely need a good lawyer involved to protect both parties and avoid litigation after the sale.
(4) My business is a simple one. As long as the buyer offers me the asking price that's all I need to agree.
WRONG! There are numerous things that need to be discussed and agreed at the offer stage. Then everything needs to be in the buy / sell agreement before both parties sign. Failure to do this thoroughly can end up in litigation after the sale.
(5) That's it, we've signed the sale agreement so I can slow down now and book my flights to Bali!
WRONG! The seller has an obligation to the buyer to keep running the business as they always have until settlement. Many sales fall through because of things which come out in due diligence! Sometimes the buyer will not get finance. It's not over until the money is in the bank! If you let the business slow down and then end up keeping it .......
(6) We don't need a Deed Of Restraint. There's no way I would go back in to a business like this.
WRONG! Sellers almost always insist on a Dead Of Restraint to prevent the seller setting up in competition with the business after the sale.
(7) That's it. The money is in the bank and I'm out of here!
PROBABLY WRONG! Most buyers will want a hand over period from the seller to make sure the transition is smooth and successful. Obviously this will depend upon the complexity of the business and the experience of the buyer, but don't underestimate how long you will need to 'hang around' for the handover.
This is just a very small list of the things that need to be dealt with when selling a business privately.
What can you do to avoid TOO LATE or LITIGATION?
Attend a half day seminars on preparing a business ready for sale CLICK HERE
Join one of my business owner monthly mentoring groups CLICK HERE
Engage me to coach you one on one CLICK HERE
I always recommend selling a business through a good reputable business broker where possible. Unfortunately, many brokers will not take on a small or medium business which may be difficult to sell or if the commission is low.
I am a former business broker and now dedicated to helping business owners prepare their businesses "ready for sale" - whether they want to sell or not, because a business that's ready for sale is well worth keeping!
I tried to sell a business privately and failed because I made all the mistakes! Then I learned the correct way from one of the best brokers in Australia. I then practiced as a broker with the firm that sold my business for 5 years. All of that learning and experience is the value add that I can bring to you!