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Dwight’s
Buyers Advice
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Agreement
In my opinion
less than 20% of all business buyers who set out to buy
a business actually do! A compelling statistic for the
unwary buyer. It is hard work with many obstacles. If,
however, you follow these steps you will greatly
increase your chances of buying a business!
1. What business should I Buy?
What do I aim for?
Good question! Looking for a business is somewhat like
looking for a spouse. Beauty is in the eyes of the
beholder. Sometimes you may know what you don’t want
before you know what you may like. This is a challenging
area for many buyers. This requires some introspection
and self-examination of your motives, wants, desires and
lifestyle needs. You need clarity here. Without it,
certain opportunities will present themselves and you
won’t recognize some of the features and benefits of the
business including the opportunities.
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Before you start calling and meeting business brokers, make
sure you know what types, sizes and locations of
businesses you are looking to buy. If you seem uncertain
about this, brokers will not spend a lot of time
with you. There are many more buyers than sellers on the
market and brokers like to work with buyers who are
serious, motivated, and have some certainty. You most
likely won’t buy a business quickly. Buying a business
is not a sprint, it is a marathon. So keep in touch with
your brokers. Sellers love Buyers who are decisive.
2. Get Prepared!
Get ready to
act.
Prepare a resume. Sellers like to know about you. Run
your own credit report. Go to
www.myfico.com and buy
one. Clear up your credit report if mistakes are
present. You won’t get charged with an inquiry if you
run a report on yourself. Also, prepare a PFS, or
Personal Financial Statement. If you are going to ask a
Seller to finance the business they will want to
evaluate the financial risk. Read books on buying a
business and familiarize with the protocol and
procedures of buying a business. Sellers love Buyers who
are prepared.
3. Down Payment - Show me the Money!
No, not literally, but I strongly advise Buyers to get
their source of money for the down payment identified and
ready. Sellers
love Buyers who have big down payments. Down payments can range from 25% to 100% of the
selling price. Your down payment can come from many
different sources:
1. Cash on hand in savings
2. Pulling equity out of your home
3. From
your retirement funds.
Selling assets like second homes
or raising cash from dormant assets is also recommended.
So apply for your home equity loan now before you find a
business, but don’t pay excessive fees to do it.
4. Get Pre Qualified For Financing - Establish
banking relationships.
Sellers love Buyers who are organized and prepared.
Getting pre-qualified for financing by lenders if very
important because many businesses want all cash for their
business. With SBA financing you only have to put down
20%-30% and you can get financing for the rest of the
purchase. You will need to submit basic financial info
to these lenders and in most cases, depending on the size
and type of businesses you are looking to purchase, they
can tell you if you would be able to get a loan from
their company. I can recommend a lender that will
increase your odds of crossing the finish line. Not all
lenders are alike.
5. Best Place To Look To Find A Business To Buy
Go out and spend time with Business Brokers. There are
also numerous websites that are helpful to preview the
inventory of available businesses in your area. The
Sunday newspaper is also a good source of information in the
business opportunity section of the classifieds.
6. Confidentiality Agreements Are Important.
Sellers love Buyers who are respectful of the
confidentiality of the business sale. To view or get any detailed information on any
businesses for sale you will probably need to sign a
confidentiality agreement. Respect this part of the
process and keep the sale of all businesses
confidential. There are legal implications if you are
found to be the one who leaked the word that the
business was for sale! Most employees don’t know the
business is for sale!
7. Form Your Professional Team.
Buying a business is uncharted territory for most
buyers. So many buyers elect to use accounting,
financial and/or legal advisors for help. Keep in mind,
many of these well-meaning advisors will never endorse
or recommend you buy a particular business due in part
to the potential professional liability. So it should be
your final decision. I generally recommend buyers not
spend a lot of money up front with advisors. Most are
fee-for-service and clients can run up large bills even
though they have never even submitted an offer yet.
8. Make An Offer If You Like A Business.
Sellers love Buyers who can make a decision. I
think too many buyers are timid when buying a business
and not willing to "pull the trigger" and sign a
purchase agreement to start the process of buying a
business. Paralysis by analysis. You have heard about
this. I normally draft purchase agreements with ample
contingencies that protect the Buyer. These will have to
be satisfied before the deal closes escrow. I prefer
some of these contingencies like the financial due
diligence to be satisfied before opening escrow-unless
the deal is fast tracked and buyer and seller are trying
to close escrow quickly.
9. Be tenacious!
Sellers love Buyers who have a "never
give up" attitude. Buying or selling a business can be an emotional roller
coaster. It requires a determination and persistence
that many Buyers and Sellers don’t have. That is why
most people aren’t business owners. It is a big
responsibility.
“Good” businesses that are for sale will attract
Buyers who may be more experienced or have a head start
on the process of buying a business. Be prepared to move
quickly but don’t take short cuts. It is better to
honor the deadlines in the contract and keep the deal
moving. Stay focused on the goal. The deal isn't done
till it is done!
If you need help with these and other important
questions about buying a business,
contact Dwight NOW!
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