How Debt is Treated in Business Sales

Debt Assumption in Business Sales Corporate debt is borrowed money on a long term basis that is used to serve a financial need that can not otherwise be met. This differs from a company’s accounts payable (A/P) which represents short term liabilities owed by a company for products or services purchased on credit. Long term … Read more

Avoid Cognitive Biases In Business Deals

Heuristics May Lead to Cognitive Bias For decades, economists assumed that when making decisions people always act rationally – or within a logical and predictable decision making framework that maximizes their own economic self interests. This assumption changed beginning in the 1970s when psychologists Daniel Kahneman and Amos Tversky reshaped our understanding of human nature … Read more

Commercial Lease Redevelopment Clauses Affect Business Sales

Redevelopment Clauses Impair Leasehold Rights A valuable asset of many businesses – particularly in retail-related industries – is its leasehold right or the right of a commercial tenant to temporarily occupy leased premises. A business with a secure long term lease allows a buyer enough time in which it may obtain an attractive return on … Read more

Ask the Right Questions When Buying A Business

“If I had an hour to solve a problem and my life depended on the solution, I would spend the first 55 minutes determining the proper question to ask, for once I know the proper question, I could solve the problem in less than five minutes.” – Albert Einstein Ask Seller Prepared Questions When purchasing … Read more

Importance of the Purchase Agreement in Business Sales

What Is A Purchase Agreement? A purchase agreement in the context of business sales is the governing contract between the buyer and seller as it relates to the buyer’s purchase of the seller’s business. The deal terms, contingencies, included assets being sold, closing date, and the disposition of the deposit are all covered in the … Read more

How Return on Equity Impacts Business Valuations

What is Return on  Equity? Return on Equity (ROE) is a financial performance metric that measures a company’s return on its net assets. The formula for calculating the ROE of a business is the net income of a business divided by its net assets (or shareholder equity).  A high ROE for a business as measured … Read more

Avoid Three Common Mistakes When Valuing A Business

Business Valuations The value of a business is generally a multiple of its profits (or adjusted owner benefit) generated by the current owner of the business. The mean valuation multiple for businesses is about 2.5x its annual adjusted owner benefit but varies significantly by industry and by the specific attributes of the business. An accurate … Read more

The Impact of ‘Reps and Warranties’ on Business Sales

Representations and Warranties Impact Business Sales The term ‘representations and warranties’ (also known as reps and warranties) refers to facts and assurances given to a buyer by the seller of a business as a part of the purchase agreement. Reps are statements of facts about the present and past condition of a business. An example … Read more

Using Retirement Funds to Buy A Business

Roll Over for Business Start-Ups (ROBS) Some buyers of businesses obtain funding by tapping into their retirement savings from an eligible account (such as a 401K) without incurring taxes or early withdraw penalties. This strategy is called ‘Roll Over for Business Start-Ups’ (ROBS) and is recognized by the Internal Revenue Service (IRS) as an “arrangement … Read more