Most business owners have put considerable time and energy into their business, and the decision to sell the business can be particularly difficult. Unlike most business decisions you’ll ever make, you only get one shot at this to get it right, so it pays to know what to expect and plan carefully before you sell your business.
Ideally, you want to sell your business when the economy is doing well, you’ve had a profitable year, and the future forecast for your business is positive. Realistically, deciding when to sell a business will often turn more on personal considerations and economic realities than on ideal market conditions.
Sit down and decide what matters the most to you, and how much will be “enough” to let you walk away from the business. If you can achieve what matters the most to you, and can expect to receive enough compensation to make it worth your while, then it may be the right time to sell.
Finally, selling a business can be a long and arduous process, so start planning well in advance. Selling a business can take up to a year to complete, and sometimes more, so don’t expect to flip your business like you might a house.
Many business owners make the mistake of setting the selling price too high because they’re valuing the business based on their hard work, rather than its real-world value. Accordingly, it can be helpful to have an outsider, a business appraiser, do the work for you. Many business owners are reluctant to spend any money on getting an appraisal, but like many business decisions, some investment up front can return big dividends down the road. Business appraisers will generally be accountants – CPAs, and can give you specific values for your assets, but they can also help you out with valuing the intangible assets, things such as “good will” or “going-concern”. A key benchmark to consider is that you should be able to sell your business for more than the worth of its simple assets. Finally, having a business appraisal looks considerably more professional.
Finding a buyer for your business can be extremely difficult, because the “market” for selling businesses is fractured and inconsistent. This is especially true for small business owners, and is one reason that selling a business can take up to a year or longer. Places to look for potential buyers include larger regional or national businesses that may be interested. An often overlooked pool of potential buyers includes your community of local business peers. Even if a different local business owner doesn’t want to buy your business, chances are good he may know someone who does. The other option is to hire a business broker or a mergers and acquisitions professional. Like a realtor, these professionals should have a good understanding of your potential buyers and the local market, which can be extremely helpful.
The most common way to finance the sale of your business is through seller-financing. This form of financing is actually the most common form of financing in small and mid-sized sales, so expect the buyer to look to you for financing. If you are unwilling to finance at least part of the sale, then you may find it extremely difficult to sell a business.
While seller-financing is extremely common, it pays to be very careful when structuring the financing. The new business owner could burn through all of your hard work very quickly and stop making payments long before the loan is paid off. Accordingly, you should consider requiring the buyer to offer more collateral than simply the business itself to secure the loan.
Your sales agreement is the most important document in the sale of your business, so make sure to have an attorney review it. Make sure the agreement contains all of the essential information such as what exactly is being sold, the total amount, the terms, who the closing agent is, the license transfers, etc. You really should have a business lawyer assist you with this to make sure nothing bad happens. If you don’t do it right, it can come back and bite you!
Business Lawyer Free Consultation
When you need help to sell your business, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506