When it comes to selling your business, an exclusive listing with a business broker provides the greatest likelihood of success for both the seller and the broker.
Only a limited number of business brokers and specialty business brokers will accept an open listing, and typically, a broker that chooses to work with such a limited commitment from a seller will NOT provide the greatest amount of effort to sell the business. Likewise, the commitment level of the seller is questionable. To understand this point in more detail, let’s start with a definition of the two types of business for sale listings.
An Open Listing is an authorization to sell a business or property. It may be given to several brokers concurrently or the business may be sold by the owner himself. There is usually no time limit associated with this type of listing. If the owner sells the property through his own efforts, he is not responsible to pay commissions to any of the listing brokers. An open listing may be canceled by either party at any time.
Exclusive Right-to-Sell Listing:
The Exclusive Right-to-Sell listing is the most common type of listing. It provides one broker the right to sell the business exclusively. This listing entitles the broker to commissions on the sale during the life of the listing agreement, even if the owner himself sells the business. This type of listing runs for a specific period of time, usually six months. The agreement may only be cancelled by the listing broker during that period.
Initially, the open listing may sound like a great way to maintain more options; however, typically this type of listing agreement is a waste of time for both the seller and the broker. Here are a few reasons why this agreement can be counter-productive.
For a business broker to do his job properly, he must invest a large amount of time and effort up front long before the business actually sells or even goes to market. He must review the business from many different perspectives and understand the many unique aspects of the business including operations, financials, history, marketing, licensing, leasehold and personnel. This work must be performed before the business goes to market. The only way a broker can protect this initial effort is to secure an exclusive agreement with the seller. That way he can feel secure in dedicating the proper amount of time and effort necessary to do his job well.
Often a broker will have concerns about offering the business to other cooperating brokers with only an open listing. Unfortunately, there are some less ethical agents that may try to circumvent the original broker and bring a buyer directly to the seller. With an open listing, this is a real concern. You want your broker to be able to offer the business opportunity to any qualified business broker without hesitation. With an exclusive right-to-sell listing he has protection from any non-principled brokers.
The concerns about the way an open listing is marketed are two fold. First, a broker will be concerned about the amount of money they are willing to invest in marketing an open listing, knowing that it may be canceled at any moment. Secondly, the broker must be very careful about the details he reveals to prospective buyers because a buyer can move to a different broker, or even try to work directly with the owner at any time. Both of these worries restrain the marketing effort.
Competing With the Owner
Often in an open listing the seller can and will compete with the broker by bringing in his own buyers. This type of environment can create an adversarial relationship between the seller and broker. Without the cooperation of both broker and seller, deals rarely ever close. I always describe the right relationship between the seller and his broker to be just like a good partnership. Both parties work together toward the same goal. Selling a business is a difficult operation; make sure you work together with your broker for the same goal. By doing this you have the highest likelihood of a successful transaction.
About The Author: Joe D. Robertson, CBB is the broker/owner of Southern California Business Brokers, one of Orange County’s premier independent business brokerage. Joe has over eighteen years of experience owning, operating and selling successful businesses. Joe started, managed and eventually sold three separate businesses which has provided him with unique insights in his role as a business broker.
Categories: Selling A Business
|Helpful Resources To Assist In Selling And Buying California Businesses|
|Helen Yoo: Escrow & Bulk Sale Services - Southern California
New Century Escrow, Inc. is a fully licensed & bonded independent escrow company. Over 20 years combined experience in handling bulk escrow transactions. Multi-lingual staff that speaks your language, including Korean, Chinese, Vietnamese. Call Helen Yoo direct at 626-890-1151.
|Mark Chatow, Esq.: Legal Services For Buying, Selling Businesses
Mark has a broad range of small business purchase & sale experience from analyzing potential acquisition targets to successfully guiding buyers and sellers through the purchase & sale of small businesses. Mark can assist with contracts, negotiations, legal matters, etc. Reach Mark at 949-478-8393.
|Willard Michlin, CPA, Certified Fraud Examiner, Due Diligence Services
Willard Michlin, CPA #106752, offers buyers step by step training & assistance in doing Due Diligence Services when they are thinking of making an offer, or are in process of investigating a business purchase. He helps to determine the actual net profit even when there is cash. Call 805-428-2063.
|Diane Boudreau-Tschetter: Escrow And Bulk Sale Services
California Business Escrow, Inc. is a full service independent escrow company serving all of California and has expertise in a wide range of escrows. Our team prides itself on providing an exceptional escrow experience. For more info phone Diane Boudreau-Tschetter at 888-383-3331 or 209-838-1100.
|Ralph Santos, Business Broker Specialist - Health Care Related Businesses
Using my MBA and my perseverance I will make things happen! I provide business brokerage niche services specializing in the hospice and home health care agency industry in the Los Angeles County or Ventura County areas. For either buying or selling assistance please phone or email me today.
|Mike Brewer: Liquor License Brokers, ABC Consulting Services
Liquor license brokerage and consulting services. We provide: Alcohol License Transfers Application Consulting & Processing, Liquor License Purchases & Sales, City Zoning Permits & Land Use Entitlements, Public Convenience or Necessity Findings and Letters. Phone Mike Brewer direct at 800-437-1100.
|Joe Ranieri, Business Broker, Orange & LA County Areas
Having owned retail/restaurant businesses for over 20 years, my interest turned to listing and selling businesses rather than owning them. I specialize tend to specialize in Orange County high volume restaurants, fast food independents and chains, bars and liquor stores. Call 714-292-5448.
|Ranvir S. Sandhu, Esq. - Legal Services For Buyers And Sellers
I've worked at top Bay Area law firms and have extensive experience with business entity formation, mergers, dissolutions, conversions, employment matters, including experience in reviewing and negotiating transactional documents such as leases and purchase agreements.
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