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Buyer Representation FAQ

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What is Bay Business Investment's buyer acquisition search representation service?

A: If you have been searching for a business to buy in California, you may have discovered that it can be a time consuming and perhaps frustrating experience. The reason is simple: There are more Buyers than there are realistically priced and desirable businesses for sale. The law of supply and demand would lead one to think that prices of businesses would rise in this situation, but generally this has not been the case because a business still must pass the "acid test". That is, with typical financing the business must be able to pay the new owner a salary and service the debt, which puts a cap on the price/earnings ratio.

To make matters worse from a Buyer's prospective, there is now a large pool of new Buyers on the market. These are mid and senior management people who are victims of downsizing and who either can't or don't wish to rejoin a large corporation. Instead, these displaced executives see the purchase of a business not only as a job replacement, but as a way to take control of their future. Usually they have ample funds available in a pension or equity in their home to make this a real possibility, provided that a suitable business can be found.

How can a Buyer gain an edge in this highly competitive environment? If desirable, realistically priced businesses are in high demand, then a Buyer needs a marketing edge to help ensure that he is one of the first to be considered when such a business becomes available. That edge is a Buyer Representation Agreement. Buyer representation has been in use for many years in commercial real estate and in investment banking. For example, when a company wishes to grow through acquisition, they frequently retain an investment banker to do the search. However, the concept is relatively new in the buying and selling of smaller businesses ($20MM or less in sales) that Business Advisors typically sell. Here is how it works. The Buyer and broker enter into an agreement:

1. During the agreement period the Buyer agrees to purchase a business only through the broker.

2. The Buyer pays a retainer to the broker, which will be later credited to the Buyer's account when a sale is made.

3. If the seller does not pay a fee to the broker, then the Buyer agrees to do so. Remember, a Buyer always pays the fee, sometimes it is direct and sometimes it goes through the Seller.


The advantage to the Buyer is that he now becomes, in the broker's eyes, a serious Buyer and so gets primary attention. Other Buyers who are shopping around with various advisors or are perceived as less committed, get called last. Another big competitive advantage for the Buyer under this type of agreement is that the broker is now free to pursue businesses that are not currently listed without worrying about collecting his fee from the seller because the Buyer has agreed to pay the broker. When a broker can call a business owner and state that he is being paid by the Buyer, the seller is more likely to believe that the Buyer (and the broker) are serious. More doors are opened.

Preliminary numbers indicate that Buyers who enter into a Buyer representation agreement are approximately five times more likely to succeed in the purchase of the right business. Success depends on realistic expectation, the ability to move quickly if necessary and in selecting the right broker as a partner in the search. In deciding upon a broker to represent you in a Buyer Representation Agreement, find a professional one that you like, and trust.

What is the process of an exclusive buyer representation search?

A: Many buyers don't want to wait for the right business to appear on the horizon or they are tired of just missing businesses that get sold immediately when listed, they want to be proactive and have us find them the "right business". For those buyers we offer our services in the form of a formal acquisition search. A search where we spend between 2 and 3 hours with the buyer defining exactly what kind of business is the "right business" for them. We normally meet with the buyer and his/her spouse (when applicable) going through a very intensive Acquisition Criteria Worksheet to better define what is the "right business". Many times the buyer themselves are not sure of what kind of business is the "right business". Upon completion of the worksheet and approval of the buyer of what is the right business, we begin our search.

Next we get on the phone and start knocking on doors. We find that loaded with this information we can zero in on businesses that are an exact match. Many times the businesses are businesses that normally wouldn't be for sale. Why, because when we bring in a qualified buyer who has expressed an interest in buying a business exactly like we defined in our acquisition search, we find the business owners are a lot more open minded about selling their business. Plus, you are the only buyer who is looking at buying that business, no competition from other buyers and no need to rush into an offer until you are ready.

Call us to start your acquisition search, it's the best investment you'll ever make.

How much does it cost?

A: It can cost as little as nothing, but we do charge you an initial search fee of $5,000, which can be reimbursed back to you when you buy a business through us. What if you never buy a business? You lose the $5,000.

Please contact us for more information


 

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