The first step is to assess the needs of the seller. Determine the financial, industry, geographic limitations. Identify the terms and conditions of any future sale.
Market is assessed and a proposed valuation is presented along with a strategy for marketing and positioning the business sale. A listing agreement is signed between the seller and NAI Commercial.
Through either guided interviews or questionnaires, the details of the company are assessed and recommendations are made to better position the business for sale to ensure maximum valuation and demand.
A nondescript summary of the business is prepared to act as a “teaser” in the early stages of buyer communications. This feature sheet sells the merits of the business without providing and identifying information.
A Confidential Information Memorandum (CIM) is prepared which provides the details of the company and sufficient information to allow potential buyers who have been qualified and have signed an NDA to quality the business.
The identified targets are qualified in terms of capacity to buy, expertise in the specific market, seriousness of interest and that their valuation expectations are realistic. Only after qualification and signed NDA is any CIM presented.
Buyer prepares a Letter of Intent (LOI) outlining the basic structure of the proposed purchase setting out any applicable subjects and/or conditions.
The seller of the target company accepts or more likely responds to the LOI and a negotiated agreement is reached.
Once both the buyer and seller have reached an agreement on the general terms and conditions of the LOI, it is amended to reflect the agreed upon terms and conditions and both parties sign the LOI.
The buyer performs whatever reasonable due diligence they feel appropriate and/or is required by the financing institution. The intent is to establish an accurate risk assessment profile of the business.
Due diligence may result in further negotiations to fine-tune the details of the lawyer-prepared Definitive Buy/Sell Agreement.
Definitive agreement is signed and handover happens. New owner assume all responsibilities and risks.