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.
|Helpful Resources To Assist In Selling And Buying California Businesses|
|William F. Ziprick, Attorney: Legal Services For Buyers And Sellers
Through creative problem solving, attention to detail, accessibility, & understanding that unnecessary delay is often a deal killer, I work closely with my clients and other professionals to consistently achieve a high rate of closings. Office: 909-255-8353, Cell: 509-951-7230.
|Helen Yoo, New Century Escrow - Escrow Services In 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.
|Diane Boudreau-Tschetter: Escrow & Bulk Sale Services - CA
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.
|Shalonda Chappel: Escrow & Bulk Sale Services - Southern California
Escrow services to brokers/agents, sellers, & buyers. Established 43 years. Extraordinary service. Experienced with handling difficult transactions. One stop for all your escrow needs: Bulk sales, lien searches, UCC searches, liquor license transfers, publishing & recording services. 951-808-3972.
|Mike Brewer: Liquor License Broker, ABC Consulting Service
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.
|Chris Seaman, Business Broker: Southern California
Founded in 1994, First Choice Business Brokers has accelerated to become one of the most successful Business Sales Organizations in the world. Our team of agents have gone through extensive training to become experts in the field of business brokerage. Call Chris at 858-578-4111 for more info.
|Jim Thomas: Broker Specialist, Consultant - Fitness & Gym Industry
Jim Thomas is the well-known founder and president of Fitness Management USA, Inc., a management consulting and brokerage firm specializing in the fitness, health club and sports industry. He has over 25 years of experience owning, operating and managing clubs of all sizes.
|Larry Larsen: Laundry Consulting, Brokerage, Insurance
I have over forty years of experience in the sales, ownership, management, and construction of coin laundries. He is a licensed broker active in the sale of coin laundries, a licensed insurance agent specializing in coin laundry insurance. Phone me at 714-630-9274 or 714-630-Wash.
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