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12 Common Mistakes to Avoid When Buying or Selling a Business
If you've spent any time at all looking at bar/restaurant for-sale listings in and around Pattaya, you’ve probably noticed that there are more of these listed than any other single type of business. Is this a good or bad thing? There are two ways to approach the question: the optimist will say that there's a great market when the time comes to sell; the pessimist will want to know why all of these people are selling their business. Actually, they're both right. Good bars and restaurants, just like any other solid business, will sell quickly. As one Los Angeles broker told me 20 years ago, “There are many bars and restaurants that don’t make money, and those can be bought cheaply. There are a few that make lots of money, and those are very expensive”. The failure rate among restaurants is higher than for bars, but both are difficult enough to operate profitably that some people who thought it would be fun to own one decide to get rid of the business when they realize that it takes hard work to make any business successful. There are several critical issues you need to consider to make sure that the bar or restaurant you buy will be, or at the very least can be, successful with you as the owner. 1. Don’t Concentrate on Disagreements
It’s easy in a competitive situation (which to some extent buying and selling is) to put the emphasis on problems. Approaching the process in that way, though, can build up distrust and resentment that can make it harder and harder to ultimately create a “win/win” solution. Neither buyer nor seller will get everything they want. But a positive approach that keeps an eye on the “big picture” is more likely to create an agreement that both find attractive than one that bogs down over every minor imperfection.

2. Don’t Hide the Flaws
There aren’t any perfect properties or businesses, and reasonable buyers understand that. Serious flaws should be disclosed even in the first offer to sell. Serious buyers and their agents will eventually spot flaws; if you point them out before they uncover them you’ll build trust that may be valuable as negotiations proceed.

3. Don’t Ignore the Market
Everyone would like to “buy low and sell high”. That’s why it’s a cliché. But most prospective buyers who insist on trying to pay a lower price for a business than the market supports never end up buying a business at all. And most prospective sellers who insist on overpricing their business end up owning it forever.

4. Don’t Be Combative
Unreasonable positions create distrust, and distrust ruins deals. Trying to “beat” your partner in the buy/sell tango creates bad feelings and leads to suspicion about motives.

5. Don’t Be Unrealistic (Buyers version)
Some buyers want the perfect acquisition: No risk; High Profits; No Competition; Low Price. We understand what you want. You can’t have it. You can, if you’re diligent and patient, find Low Risk; Fair Profit; Limited Competition; and Reasonable Price. Be happy when you find that.

6. Don’t Be Unrealistic (Sellers version)
Some owners want the perfect sale. The Sale “As Is”; All Cash; No Contingencies; No taxes; High Price.  We understand what you want. You can’t have it. You can, if you’re diligent and patient, find a Realistic Buyer; Attractive Terms; Tax-Minimizing Structure; and Reasonable Price. Be happy when you find that.

7. Don’t Miss Out on a Good Thing
Dragging out negotiations with multiple counter-offers over smaller and smaller differences can significantly decrease the good will needed to reach a mutually-agreeable arrangement. It can also open to door to other buyers/sellers.

8. Don’t Fail to Listen
Work at listening to the other side. Hear and consider what they say… and what they don’t say. Listen for their “real” position obscured behind the rhetoric of negotiation. They’ll often tell you how to make a good deal for both of you, even without meaning to. Remember to listen.

9. Don’t Negotiate Against Yourself
Not every objection need be met by raising/lowering the price. If the prospective buyer hesitates because the walls are painted red, the seller may agree to share the cost of a new paint job rather than dropping the asking price. Some negotiators will ask you to “do better” or “give your best price” before they’ve said “yes/no” to your last offer. Always ask for a definitive response to any offer you make before you make another.

10. Don’t Delay
Time is of the essence in every good deal. If you don’t move, someone else will. No deal is perfect, and everyone always has doubts. But if a proposed deal has met your objectives, move on it. “The search for perfection is the greatest enemy of achieving the good.”

11. Don’t Make Enemies
People like to do business with people they like. The Chinese have a saying: “Business is business.” Don’t take it personally that you didn’t get absolutely everything you might have wanted. You won’t. But there will other deals, other opportunities, maybe with the same buyer/seller in the future. Leave this deal with both parties willing to do another together.

12. Don’t Rely on Memory
This is the most avoidable, but the most frequently made, negotiating mistake. Whether through honest misunderstanding - or worse - the deal you thought you made won’t be the deal you end up with if you don’t put it in writing and have both parties (and, if possible, witnesses) sign and date all the terms and conditions. “Trust, but verify” as Ronald Reagan once famously remarked when asked if he trusted Russia to keep an agreement they’d made with the USA. It’s good advice.

 

 

 
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