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Recession? Good time to buy a business!

February 12th, 2008
by Leon

It never ceases to amaze me how our customers use the gloom and doom media news stories as an excuse to either not make decisions, or make the wrong ones.

For an individual looking for a small business to buy, for whatever reason, their decisions about what to do of course need to be made against a backdrop of what is going on in the world. However, they also need to pay attention to the details of their situation and the businesses they are considering rather than assuming that if, for example, the stock market is tanking that the business they are looking at is also. For that matter when times are good in general they also have to pay attention to details, because a business that they are considering may be “sinking during a rising tide”.

We live with business cycles. After more than 20 years as a Business broker I expect that it will be hard to sell businesses during a presidential election campaign because of all the bad things the candidates say are or will be happening.

An entrepreneur who is going to be able to successfully run a small business will be able to understand the context within which the business they are looking at functions, and figure out whether it makes sense to buy it, regardless of what the media claims is going on on a national or global basis.

While there are few “recession proof” businesses it always appears that the downswing is not as bad as the doom sayers predict, just like the upswings are usually not as high as the euphoria speaders claim or predict.

So why is this a good time to buy a business?

  • - Because the timid would be buyers are setting on the sidelines, so there is less competition,
  • - The sellers are more willing to consider reasonable valuations for their businesses, particularly if business is down a bit,
  • - The sellers may be more motivated if they ahve saved up during the good times and are not looking forward to a period of lower profits.

It is always a good time to buy a business, as long as you approach the marketplace intelligently. During a time of a business cycle going down is the best time to catch some bargains! Figure out how the current cycle is impacting the business you are interested in, and how the inevitable business cycles will impact it and buy into an operation that is going to be well placed as the cycle goes back up. For that matter a lot of businesses are not even bothered by some cycles.

There are risks involved in buying any business, at any time. How you evaluate them is what makes a difference. There will always be business cycles, and how you react to them and position your business will determine how they impact you.

And let’s not forget that while there are all kinds of stories about the credit crunch we still have local banks looking for deals to finance for some of the best interest rates in history.

So if you want to own a business it is a great time to shop for one, regardless of the efforts of the media and the politicians to convince you that the sky is falling! In fact their chatter may be establishing the right conditions for you to find a really good deal.

Trust, but Check the Fine Print

September 26th, 2007
by Leon
THe following is a letter from an excellent business Lawyer and gives some really good advice about negotiating business relationships. Her advice is really applicable to conducting a sale. Her advice about directing your lawyers activities is right on and matches what I usually tell buyers and sellers.

 

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Trust, but Check the Fine Print

If the contract isn’t clear and reasonable, there’s probably trouble ahead.

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Business relationships are built on trust. Trust is essential. While the best-written contract cannot guarantee you a successful business relationship, it can protect you from future problems.

 

Business relationships are complex and evolve with time.

The parties have to be able to work together to resolve issues and figure out a mutually beneficial way to proceed. The contract cannot specify every possible contingency - but it should lay the foundation for a healthy working relationship.

Many problems arise from a lack of clarity - when there’s a misunderstanding about expectations. For examples of common problem areas, see eNews “Put it in Writing” http://www.smartfast.com/enews/ea_put_in_writing.html.

If the deal or relationship is important, take the time to put your agreement in writing. The process of preparing the contract is the first real test of the business relationship - it gives you insight into how your business partner works and resolves issues. This is the opportunity to set the boundaries for how you will work together.

From my experience, if the parties are able to negotiate respectfully and their agreement is fair and balanced, the relationship will probably work.

 

Warning Signs.

If the negotiations are adversarial and the agreement is one-sided and has onerous terms, it’s a warning of trouble ahead. You’ll want to be especially careful about termination provisions, and what happens if you want out.

Another key warning is if the deal keeps changing and you can’t get to an agreement on the key points. Sometimes this happens because “the lawyers” make the contract negotiation process unnecessarily adversarial and create hostility between the parties. The negotiation process should be a dialogue about issues and concerns - not demands and threats. For discussion of the negotiating process, see eNews “Negotiating Tips”http://www.smartfast.com/enews/ea_negotiating.html.

If you cannot agree on a contract, the relationship probably won’t work. Better to walk away sooner, rather than later.

 

Check the fine print before you sign.

Do not assume that the contract prepared by one party or that party’s attorney accurately reflects your understanding of the agreement and protects you. A badly written contract, or one that you do not understand, can hurt you. So, check the fine print before you sign. It’s also wise to have an experienced Business Attorney review the contract.

 

Don’t let “the lawyers” derail the deal!

This is especially important if you are working with a larger company’s law department - where their lawyer gets involved at the final stages of negotiation and wants to call the shots with a “take it or leave it” approach. It’s critical to keep the dialogue going with your principal business partner. Do not let the lawyers run the negotiation. Stay focused on how the relationship will work from a win-win and practical standpoint. Ultimately, the “lawyers advise” and the “clients decide.”

 

In conclusion, while trusting your business partner is critical to a successful relationship, the agreement protects you from future problems. For example, if your business partner (or primary contact at your client) moves on to a new position or leaves the company, you’ll have the agreement in writing so that it’s clear what compensation you are owed.

To make sure that you understand the contract - and that the fine print confirms the key terms - you want to work with an experienced Business Attorney who facilitates, rather than derails, the deal.

 

Jean D. Sifleet, Esq., CPA

Business Attorney

t. 978-368-6104

f. 978-368-6105

www.smartfast.com

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What to expect when you contact us as a customer (hopefully a buyer)

July 24th, 2007
by Leon

Customers seem to try to relate buying a business with buying a house. There are a lot of differences!

Our listings are mostly all CONFIDENTIAL. We work for SELLERS, and they don’t generally want it known they are for sale.  So you have to complete a Confidentiality Agreement to get information about our listings.

Additionally, we do not want to expose listings to customers who are not qualified financially to purchase them. Financing business purchases can be complex, and some require very high percentage down payments. So you will need to share financial information with us to get us to work with you.

We do not have “listing books” that you can just browse thru. Our Associates will discuss your circumstances with you and share information with you about listings that you may be qualified to purchase.

We want to work with you, but you also have to work with us.