Three Major Legal Mistakes to Avoid During a Sale
The business sale process can be complex, which is why it’s best to have expert help from a business broker. Brokers can help you avoid costly legal mistakes which can bring the entire sale process to a sudden and complete halt. Let’s take a closer look at what you can do to avoid these kinds of issues when selling your business.
Major Mistake 1 – You Skipped the Non-Disclosure Agreement
Nothing quite invites trouble like skipping the non-disclosure agreement. If a deal falls through, then you have the NDA backing you up. This document ensures that the prospective buyer doesn’t tell the world that your business is up for sale. Never assume that a deal is going through until it actually is 100% complete. There is plenty of room for things to go wrong when buying or selling a business, and that is why you always need to have an NDA in place.
Major Mistake 2 – You Don’t Work with an Attorney
Let’s be very blunt here, if you are selling a business, then you need an attorney. Just as there is no replacement for an NDA, the same holds true for working with a lawyer. It is also vital that you properly prep your business for sale, which means getting paperwork organized and making sure that you have legally checked all your boxes. Working with an experienced and proven attorney will help you ensure that your business is ready for sale. If you’re not prepared for the deal, it can make buyers nervous. Business brokers can recommend attorneys who are familiar with the purchase and sale of businesses in your state.
Major Mistake 3 – You Failed to Get a Letter of Intent
A letter of intent is a vital legal document. Some sellers are reluctant to use it, fearing that it will slow down the momentum of the deal. However this letter works to protect your interest and outlines expectations, so this step should not be skipped. For example, a letter of intent details the termination fee for the buyer, meaning that the buyer can’t walk away without consequences simply because he or she is having a bad day. Importantly, a letter of intent ensures that you are only dealing with serious buyers instead of wasting your time with window shoppers.
Many things can go wrong while selling a business. The more prepared you are before you begin the process, the greater the chances that you will not only avoid headaches, but also be successful. Long before you put your business on the market, you should begin working with a capable business broker and attorney. Their input and advice will prove to be invaluable and help you avoid a range of costly and time-consuming issues.
Copyright: Business Brokerage Press, Inc.
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