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Roger L. Neu

 

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Question: Is a commission payable on the real property lease as part of the sale of my business?

It is a important when entering into an agreement with an investment banker/business broker to carefully review that agreement to determine what items will be subject to payment of commission. Generally, any real property transactions in the context of a business sale are not subject to a commission.

Question: How can I find a business to acquire?

The best place to start is by contacting those parties engaged in the investment banking and business brokerage business. Other potential resources would include attorneys like myself who specialize in mergers and acquisitions, your CPA and your banker. There also are firms that specialize in representing Buyers.

Question: As a Seller, should I employ a business intermediary (broker/investment banker) to help me if I already have one or more offers or expressions of interest from potential Buyers?

While there are exceptions, I would always recommend that a business broker/investment banker be employed to assist in the sale of a business. It may turn out that the one or two prospective purchasers that have contacted you may not follow through on their expression of interest or may turn out not to be qualified to purchase your company. If you put all of your eggs in their basket, you may end up with an empty basket with nowhere to turn if you do not have someone looking for other potential Buyers that could be added to the mix. In addition, a good business broker can add value both by providing other potential buyers and by advising Seller in the actual negotiations of the transaction.


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