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Overview

Buyer or Seller-Come Out a Winner

The working relationship with the person opposite you at the negotiating table during a sale can determine your success or failure. Experienced attorney Ira Nottonson covers both sides of the table, presenting the buyer's and the seller's perspectives, as well as critical steps in the sale process, including presentation, negotiation and documentations. Learn how to gain the upper hand, minimize financial risk and come out a winner, no matter on which side of the table you're sitting.

Nottonson covers:

  • Strategies for judging the value of a business
  • Finding the right buyer or seller
  • Buzzwords and basic concepts buyers and sellers need to know
  • Negotiation preparation, roles and techniques
  • Strategies specific to a buyer and a seller including initial research, preparation, cost analysis and working with professional advisors such as accountants and brokers

Whether you're purchasing or selling, this book helps you close the deal!

For 30 years, Entrepreneur has provided the most trusted business advice available to business owners. Our legal guides continue that tradition by offering current and cost-effective legal advice so you can resolve the business and legal issues you face on a daily basis. We also help you identify when it's in your best interest to seek the personalized advice and services of a practicing lawyer.

Additional Articles Included on CD-ROM :

  • Valuing a Business as a Buyer: Be Careful!
  • Using Someone Else's Money to Buy a Business
  • Making the Business Deals
  • Getting the Best from Professional Advice
  • The Basics of Negotiating
  • Selling Yourself
  • What Makes a Business Run?
  • What Is the Money for Anyway?
  • Setting the Record Straight: The Franchise and the Independent
  • Getting the Advice That Counts
  • Do You Really Want to Own a Business?
  • Building Your Business for the Future
  • If You're Going to Sell Your Business
  • Contracts: Ambiguities and Bad Memories
  • Who Is Going to Buy Your Business?
  • Don't Let Money Get Tight in Your Business
  • Trusting Your Professional's Ethics
  • The Alternative of Partnering Up
  • Service Fees of Professionals-Good and Bad
  • Being Your Own Lawyer
  • Negotiating Is a Crooked Path
  • Borrowing When You Can't Go to the Bank
  • Can You Really Protect against Disclosure?
  • The Frightening Aspect of Being Sued
  • Growing at the Right Speed
  • What Are You Looking For?

Ira N. Nottonson is a Law Review graduate of Boston College Law School. His consulting practice specializes in startups and the buying, selling, valuation and reconstruction of small businesses. He has acted in different capacities for many companies including CEO, COO and chief legal counsel. Past clients include International House of Pancakes, Orange Julius of America, House of Pies and PIP Printing. Nottonson has also owned five different businesses.

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Product Details

  • ISBN-13: 9781599181721
  • Publisher: Entrepreneur Press
  • Publication date: 3/18/2008
  • Series: Entrepreneur Magazine's Legal Guide Ser.
  • Edition description: Paperback with CD
  • Edition number: 1
  • Pages: 288
  • Product dimensions: 7.40 (w) x 8.80 (h) x 1.30 (d)

Meet the Author

Ira N. Nottonson is a Law Review graduate of Boston College Law School. His consulting practice specializes in startups and the buying, selling, valuation and reconstruction of small businesses. He has acted in different capacities for many companies including CEO, COO and chief legal counsel. Past clients include International House of Pancakes, Orange Julius of America, House of Pies and PIP Printing. Nottonson has also owned five different businesses.

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Table of Contents

Preface     xi
About the Author     xix
Introduction to Buying and Selling a Business     1
The Buyer-Seller Relationship     3
The Buyer Wants an Income     4
It Is the Seller's Problem     6
Methods of Valuation     6
Family Business Transitions     9
Key Points to Remember     17
The Financial Picture     19
Financial Considerations for the Buyer     21
Financial Considerations for the Seller     24
Key Points to Remember     29
Negotiating Price and Pricing Variables     33
Financing Methods     34
Negotiating the Down Payment     36
Negotiating the Length of the Note     38
Negotiating the Interest Rate     39
Price Structuring Begins with the Buyer's Perspective     41
The Personal Side to Negotiations     45
Creative Financing Options     45
Key Points to Remember     49
Your Team of Professionals     51
Accountants and Attorneys     52
Business Brokers     54
Key Points to Remember     58
The Information Game     61
What the Buyer Needs toKnow     63
What the Seller Needs to Know     68
Legal Aspects of the Transaction     70
Body Language     70
Key Points to Remember     71
The Buyer's Perspective     73
Committing to a Market Niche     75
Consider a Homebased Business     76
How to Make a Smart Business Investment     82
Key Points to Remember     87
The Asset Variables     89
Just What Is for Sale?     90
What to Request from Your Seller     101
Key Points to Remember     104
Investors and Partners     105
The Investor Profile     106
The Partner Mystique     110
Forms of Participation     114
Key Points to Remember     115
The Franchise Decision     117
Franchising-Past and Present     119
The Variables Involved in Your Decision     121
A Franchisor's Marketing and Advertising Capabilities     123
Making the Decision     126
Key Points to Remember     132
Finding the Help You Need     133
The Franchise Option     135
The Dilemma     137
Insider Experience     138
Key Points to Remember     141
Don't Let Your First Mistake Be Your Last     143
Feeling the Pressure     144
A Potential Partner or Consultant     146
Check on Your Available Tools     148
When Your Money Won't Buy the Dream You Want     149
Full Disclosure for Both Husband and Wife     150
Making the Hard Comparisons and the Harder Judgments     152
Key Points to Remember     152
The Seller's Perspective     153
Your Retail Business and How to Package It     155
The Franchise Comparison     157
A Good Customer Mix     158
What Is Your Competition?     159
Parking     162
Key Points to Remember     163
Selling the Bottom Line     165
Your Operating Profit     167
Operating Profit Leads to an Asking Price     168
Key Points to Remember     178
Finding the Right Buyer and Protecting the Sale     179
Finding the Buyer     182
Protecting the Sale     185
Key Points to Remember     193
The Motivations Behind the Sale     201
Starting or Buying a Business      201
Why Are You Selling?     204
The Buyer's Motivations     205
Key Points to Remember     213
Before the Sale     215
Bankruptcy: Not Yet     215
Preparation for a Sale     217
A Successful Business     217
A Good Business with Insufficient Operating Profit     219
A Good Business with Some Standing Debt     221
A Business with Serious Solvency Problems     221
Business Disaster Pending     222
The Bankruptcy Alternative     224
Key Points to Remember     232
Negotiating the Sale of a Troubled Business     235
Preparing a Business for Sale     236
What a New Owner Offers a Troubled Business     237
Your Legal Obligation to Disclose     240
At the Negotiating Table     242
Bankruptcy as a Selling Posture     245
Key Points to Remember     246
How to Value and Sell a Professional Practice     247
Professional Practice Is Unique     247
Special Concerns for Transfer of Ownership     249
Valuation of a Specialty Practice     259
Key Points to Remember     266
Legal and Financial Considerations     267
The Accountant's Job     269
Representing the Seller     270
Representing the Buyer     274
Key Points to Remember     281
The Lawyer's Job     283
Limited Liability     284
Attorneys in General     285
Creating the Client Relationship     285
Representing the Seller     286
Representing the Buyer     289
Key Points to Remember     296
The Broker's Job     297
Representing the Seller     299
Representing the Buyer     305
Key Points to Remember     310
The Lender's Job     311
Writing a Business Plan     311
Approaching the Lender     313
Know the Bank and the Banker     314
The Business Plan     315
Make Your Case     316
The Essentials of Your Application     321
The Big Decision     322
The Bankruptcy Loan     323
Key Points to Remember     324
Contract Elements     325
The Noncompete, Nondisclosure Issue     327
When a Business Is Transferred     328
When an Employee Leaves     329
What Will the Courts Say?     331
Key Points to Remember     335
The End of the Franchise Contract     337
All Franchise Contracts Are Not the Same     338
Key Points to Remember     347
Revisiting the Essentials and Valuing an Internet Business     349
Revisiting the Financial Issues     351
The Balance Sheet     352
The Profit and Loss Statement     357
The Comparative Analysis     366
Key Points to Remember     369
Revisiting the Core Elements of This Book     371
For a Seller: Why Does Someone Buy a Business?     373
For a Buyer: Why Does Someone Sell a Business?     375
Why Value a Business?     377
Key Points to Remember     379
Valuing an Internet Business     381
The Bottom Line in Terms of Valuation     383
How to Value an Internet Business     384
The Internet     385
The Phenomenal Growth Potential     386
Key Points to Remember     390
Glossary     391
Index     403

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