Who Is The Client?

By Peter M. Nemkov Attorney At Law CABI Corporate Counsel A common problem faced by brokers (and lawyers) when completing an Asset Purchase Agreement or a Listing Agreement is determining who is the client. The problem arises when there is an individual involved who is an owner of a business entity. The typical scenario is that the individual gives confusing information intermixing himself with the entity or more commonly misidentifies the entity itself. This problem can become magnified in the … [Read more...]

Preventing Legal Deal Killers

By Julian M. Izbiky Attorney At Law CABI Sustaining Sponsor  A legal deal killer is a legal issue that causes a purchaser to walk away from a deal. A business owner can take steps in advance of a transaction to prevent a legal deal killer from occurring.Employee IssuesHaving key employees is a critical value driver for a business. But what happens when the key employee says that he won’t work for the prospective purchaser and that if the business is sold to the prospective purchaser that he will … [Read more...]

What Do Buyers Really Want to Know?

Before answering the question, it makes sense to first ask why people want to be in business for themselves. What are their motives? There have been many surveys addressing this question. The words may be different, but the idea behind them and the order in which they are listed are almost always the same. Want to do their own thing; to control their own destiny, so to speak. Do not want to work for anyone else. Want to make better use of their skills and abilities. Want to make … [Read more...]

Key Factors on the Acquirer’s Side

There are several key factors on the acquirer’s side of a sale, most of which are necessary to achieve a successful closing. Just as a seller has to deal with quite a few factors, the acquirer must also. Some of the more important ones on the acquisition side are: Sufficient financial resources to complete the deal as specified. Depth of capable staff to run the existing business and also execute an acquisition at the same time. A rational approach to the type, size and geographic location … [Read more...]