Selling your business should be the ultimate reward for all the effort, risk and investment of time you’ve committed to building that business over the years.
But it’s a tricky process … finding a buyer, agreeing a price and then (crucially) maintaining that price and even the deal itself, as the sale moves towards completion.
Also, don’t think that because a price has been agreed and heads of terms exchanged, that you can bank the cash. Everything is still to play for and it’s really during the due diligence phase that the expertise of your advisors will bear fruit and protect value.
For these reasons and more, you absolutely need to instruct expert advisors, people who complete numerous deals every year and ideally, deals of exactly your type of business.
You do not want to instruct a local advisor who claims to be “experienced” in corporate deals but in truth, dabbles with occasional transactions.
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Lawyers can help to make or break deals and should be at the forefront of any transaction. The buyer will almost certainly have a lawyer and if they’re savvy buyers, the lawyer will be super experienced and able to drive the best terms on behalf of their client – with everything negotiable until the completion date and some lawyers using last minute issues to price chip and worse.
Its therefore crucial to the success of your sale that find one with genuine expertise and to bring them into the process as early as possible, so you can agree on a strategy for their involvement.
Lawyers for both sides work together and will draft the main sale & purchase agreement. Even for relatively small deals, agreements can become complex and the devil is always in the detail.
Other issues which might require legal input;
For all the talk of their importance, M&A is also prone to delay and increased costs. Make sure you keep in control of the process, keep all parties on their toes and your lawyer focused on what they do best, negotiating the legal terms. Any half decent lawyer will be running multiple deals so make sure your deal doesn’t slip down the list and suffer the potential of fracturing, due to delay.
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"I found Lawyer Fair to be a fantastic service for those looking for legal advice but not knowing where to start. By writing out a brief to clarify our business needs, I received four detailed quotes and explanations on how each professional would approach the project. I could select the best lawyer for our needs and enter into the project with a much better understanding of the process to come. This was an invaluable tool for us and helped us to find the best advisor."
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