11/15/05

The Saga Ends - The Business Buyer Pays Up!


Well the saga is finally over on the restaurant deal gone bad. The one where the buyer decided to change her mind about buying it at the close of escrow.

The woman who did this to us ended up losing the $10,000 she put into escrow and another $6,000 to keep us from suing her. Can you imagine she would rather lose $16,000 then give herself and this business a chance. I advised her to go through with the deal and then I would turn around and put it back on the market and try to sell it as fast as possible but she wouldn't go for it. I have a feeling that she had people playing with her mind on this and frankly she wasn't a confident person in the first place.

That's why I told her she had to be very sure after she canceled on me the first time. I feel bad about the whole thing because she's not a bad person, she actually kind of timid and shy. But on the other hand, I'm not a mind reader.

If I ask, "are you very sure?" and tell her there will be penalties for changing your mind from this point forward, what else can I do to prevent this from happening?

It goes back to something else I truly believe in, disclose, disclose, disclose. I disclose everything and I warn people about what there doing so they can not come back after and say, "I didn't know what I was signing."


Comments & Advice From Peter:

Disclosure of material facts is critical when selling a business, but I truely believe the buyer was also flakey and really needs to address if she should go into business ownership. You are correct that as soon as you take a listing you need to keep a very organized file in case things like this happen and you do need to take a buyer or seller to court for damages.
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