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1. COMMITMENT. Your commitment
to purchase a business at price and terms consistent
with the marketplace.
2. DISCLOSURE. You sign
an agreement promising to maintain confidentiality for
all the information provided to you on the business
we discuss.
3. BACKGROUND INFORMATION.
You provide us with information about yourself, such
as a resume and financial statement. The more we know
about you, the more likely we can find a business you
will like. The more information we promise to the seller,
the better the terms he will consider.
4. REVIEW. Together we
discuss and review various types of businesses and select
some that appeal to you.
5. SHOWING. We show you
the businesses you are interested in and discuss the
important factors of each.
6. MEETING. A meeting
between you, the seller and us may take place. This
gives you the chance to ask questions you may have about
how the business operates and to describe your qualifications
to the seller.
7. OFFER TO PURCHASE.
You write, with our assistance, an offer or letter of
intent for the business you like.
[A.] Earnest money is required
to demonstrate your seriousness to the seller.
[B.] Most offers are contingent
upon your inspection of the books and records of the
business. The offer is not binding until you remove
all contingencies.
8. PRESENT OFFER. We present
your offer to the seller.
9. BACKGROUND. We give
the seller your background, financial information, experience
and point of view in arriving at the offering price,
terms and conditions. Favorable background information
about you will result in favorable consideration of
your offer.
10. EXPLANATION. We carefully
explain the terms and conditions of the offer to the
seller and decision makers.
11. ACCEPTANCE. The seller
accepts the offer as it is written or writes a counter
offer.
12. MUTUAL ACCEPTANCE.
When buyer and seller agree to all terms and conditions
of the sale, the offer becomes a Purchase and Sale Agreement.
13. INSPECTION. You meet
with the seller to examine the financial records. Any
questions you have are resolved at this time.
14. CONTINGENCY REMOVAL.
You remove all contingencies in the Agreement. It is
now a binding agreement.
15. LEASE ASSIGNMENT.
We work with the landlord to get an assignment of the
current lease or a new lease for you.
16. OPEN ESCROW/CLOSING LAWYER.
We provide all documents to the transferring agent or
lawyer so they can prepare the closing papers.
17. DUE DILIGENCE. In
most states and provinces the lawyer performs a lien
search on the business to identify any secured creditors.
18. NOTE & LEASE ASSUMPTIONS.
We make arrangements to assign any notes or equipment
leases.
19. INVENTORY. Arrangements
are made for you and the seller to count the price the
inventory (if required).
20. CLOSING. All parties
meet to sign documents.
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