About This Blog
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Peter Siegel, MBA is a nationally known consultant and author - with over 25 years experience on the topic of selling, buying, and niche financing (the purchase of), small to mid-sized businesses. His clients include: business buyers, business owners/sellers, small business advisors, business brokers, and agents. Mr. Siegel can be reached directly by phone at (925) 830-3447. |
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This Blog contains observations, tips, news, events, and case studies relating to selling or buying a small business. |
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This Blog is ideal for business buyers, business owners, advisors, business brokers & agents. |
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Opinions expressed on this site do not necessarily represent those of USABizMart. |
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Opinions expressed here do not constitute legal advice. Those interested in specific guidance for legal matters should seek competent professional advice. |
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3/22/06

When You Should Move On To Buyer #2 or #3

"I have agreed to sell my business today (March 22) for $96,500. I am attempting to complete the requested due diligence items by Friday.
I have had this offer on the table for one week -- and finally signed it this morning. I wasn't dragging my feet on purpose -- initially. You see the buyer wasn't to come back into the country until Friday (March 24) and I knew that due diligence couldn't start until then so I let the offer sit there.
Then I received three calls in the past few days. One broker in particular was persistent in me not signing the counter offer of $96,500. He told me his client was very interested. He even recommended for me to drag my feet with the offer. I got his buyer profile and non compete agreement from him. I waited for him. And waited. Not long mind you, but 24 hours seems an eternity, when there is another offer waiting to go.
Then comes the fireworks. I finally had to tell the broker with the offer on the table that I may have another offer and I would let her know by this morning (Wednesday). Of course, she wasn't exactly happy about that, saying her clients have passed up "several other opportunities" and she needed to know if we were going to accept or not. I gave it 24 hours, then -- after not hearing back from the new broker (who would need to beat $96,500 after his commission -- which he insists had to be 10 percent) I faxed in the counter offer approval. I figured I didn't want to ruin the current offer even though I wouldn't mind a better price. Ultimately, I think it's good that the buyer knows there is other interest out there -- but at the same time I didn't want to snub them.
If a better price does come in during due diligence-- or even before-- am I obligated to the original purchase price? When does that second, third fourth offer become a back up offer and when is it a competing offer?"
My answer to your questions is, how and when is the purchase agreement written and structured? You want to make sure that all details are spelled out in this agreement, for example: how long due diligence will last until you go to buyer #2 or even to buyer #3. Let the buyers know that they have so much time (usually 7-10 days is more than adequate) and if they don't comply you will be moving on with others.
Be upfront with all buyers, but bottom line you don't want the business off the market for long, especially when there are other motivated buyers interested and ready to go, who may disappear if other buyers take too long in their due diligence.
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