Selling
a business is a process that involves various steps,
as well as a lot of documents and formats, plus the
involvement of various professionals in order to complete
the operation. The following is a typical sequence of
events for the sale of a business:
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Between Seller
and Broker a sales price for the business is established. |
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The Seller signs
the sales contract with the Broker. |
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The Seller collects
all the important information of the business
with help from the Broker. |
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Seller and Broker
get together in order to revise and organize the
information of the business. |
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A written "sales
package" for the business is put together.
The end result is a description sheet or investment
prospectus of the business. |
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The confidential
promotion of the business is initiated in various
types of media (buyer listings of the Broker,
newspaper, Internet, magazines, etc.). |
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The Broker receives
and qualifies prospective Buyers. |
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The Brokers delivers
information of the business to qualified Buyers
after the signature of a Confidentiality Agreement. |
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The Broker visits
the business with the prospective Buyer. |
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The Buyer with
the guidance of the Broker, structures a Purchase
Offer in writing, in which the conditions and
contingencies to the purchase of the business
are established. |
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The Broker presents
the written Purchase Offer to the Seller, accompanied
by a deposit as a gesture of seriousness of the
offer. |
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In case the Seller
agrees to the offer, he accepts and signs the
Purchase Offer contract. |
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The Buyer deposits
with the Broker in an escrow account the down
payment for the purchase of the business (normally
10% of the total sales price). |
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The Buyer then
commences his investigation and verification of
all the aspects of the business (financial, legal,
fiscal, etc.). This stage is also known as the
"Due Diligence" process. |
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The final draft
of the Purchase Offer contract is then prepared
with the assistance of an attorney and is then
passed on to a Public Notary. |
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Between Buyer and Seller a final
count of the inventory is held and the final sales
price is adjusted. |
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Employees of the
business are fired or hired. |
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The Seller pays
all the debts pending that are not taken over
by Buyer. |
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The final Purchase
Offer contract is signed before a Notary Public
and the Buyer pays off the remainder of the down
payment or sales price of the business. |
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Finally, the Seller
hands to the Buyer the keys to the business. |
| Independent
of the process, every sales transaction involvers
closing costs for both the selling and buying
parties. Some of the most important costs for
a Seller are: sales tax, income tax, lawyer and
accountant fees, broker's commission, etc. |