Negotiating and Closing The
Deal
Negotiation and closing are critical business
skills, and central to the M&A process - yet, many owners and managers have
been trained "on the job", or left entirely to their own devices when
it comes to this important step.
Great negotiators are groomed, not born. If
you want to garner the highest price and the most advantageous structure for your
next transaction, your powers of communication, persuasion and reason need to
be compelling. This 4 page white paper will provide you with the road map and
tools you need to negotiate and close your deal with confidence and skill. It
is designed to provide a strong foundation and innovative strategies for communicating
persuasively, overcoming objections and obtaining an agreement on the terms that
best fit your objectives.
The process by which you are selling your firm
has taken some very interesting twists and turns. From valuing and pricing your
business to deciding on the proper technique in which to structure the transaction,
you and your team have worked in conjunction with the potential buyer(s) to cooperatively
examine each alternative and devise the proper technique in which to handle each
phase in the process. As this process continues, you find yourself in an unfamiliar
and sometimes a rather uncomfortable position: The Negotiation Table.
The art of negotiation plays a pivotal role
in buying or selling a business. Differences of opinion are almost assuredly going
to occur and only the most pragmatic negotiators can find creative solutions for
these differences. By developing a working strategy, both you and the prospective
buyer can maintain an open line of communication that will enable you both to
know each other's position. It is imperative that the parties are aware of the
issues that are important to one another. This allows each party to assume a non-adversarial
stance in assurance that the business will change hands smoothly.
Many factors have to be discussed and finalized
before a closing can be accomplished. These include the needs, terms and price
of the transaction, as outlined by both parties. Sellers naturally have the upper
hand when negotiating these particulars since they best know the business. The
buyer can minimize this by learning as much about the business as possible, prior
to the start of negotiations. This eliminates much of the difficulty of reaching
agreement and keeps the parties from wasting time.
By understanding each step in the negotiation
process and being fully aware of all the implications entailed in this process,
each of the parties involved can enjoy a smooth transition of ownership.
Needs
At the outset, it's important for you to
sit down and do some serious thinking about what, exactly, you want from the sale
of your business. In order to determine your personal needs, ask yourself a few
questions. Is it important that you or a family member remain with the business?
Are you looking for a buyer who will continue your business traditions? Do you
want certain tax advantages in exchange for a lower purchase price? Is there some
minimum price that you must get in order to be happy?
It is extremely important for you to be realistic
and honest with yourself. Outline the exact needs that have to be met in this
transaction. Although, as with most things in life, you will have to make some
compromises. Rarely does a sale completely meet all of the seller's needs and
objectives — or all of the buyer's. For example, If you insist on getting
all the money at closing, you will almost surely have to compromise on price.
On the other hand, if you're willing to finance part of the deal, you may get
a higher offer. The point is, the more flexible you can be on your needs and terms,
the closer you'll get to realizing the top-dollar value of the business.