Business Education

A Competitor Wants to Buy Your Small Business: Now What?

When a competitor comes knocking with an offer to buy your small business, it’s a moment that can spark excitement, anxiety, and a flood of questions. Is this a golden opportunity to cash out, or a risky move that could undervalue your hard work?

Navigating this high-stakes decision requires careful strategy and clear thinking. So, we’ll break down the essential steps to evaluate the offer, protect your interests, and decide whether selling to a rival is right for you.

10 Steps to Take When a Competitor Seeks to Acquire Your Company

When a local competitor expresses interest in buying your small business, it’s both a compliment to your success and a complex decision that requires careful consideration. Here’s a step-by-step guide on what you should do to protect your interests, maximize value, and ensure a smooth transition.

1. Pause and Assess Your Goals

Before engaging in negotiations, reflect on your motivations and long-term goals. Are you looking to retire, pursue a new venture, or simply capitalize on your hard work? Understanding your objectives will help you evaluate whether selling to a competitor aligns with your personal and professional aspirations.

2. Consult Professional Advisors

Engage an experienced business advisor, attorney, and accountant early in the process. These professionals can help you:

Assess the offer’s fairness and structure
Navigate legal and tax implications
Protect your interests during negotiations

An experienced business advisor can also help you identify red flags you can easily miss and ensure you’re not missing out on better opportunities.

3. Value Your Business Objectively

Obtain a professional business valuation to determine your company’s true worth. This will give you a solid foundation for negotiations and help you avoid undervaluing your business. An unbiased, third-party appraisal is especially important when dealing with a competitor, as they may have insights into your operations and market position.

4. Create Competition for Your Business

Don’t limit yourself to a single buyer. Quietly market your business to other potential acquirers, such as private equity firms or other local businesses. Having multiple interested parties can drive up the sale price and give you leverage in negotiations. Even if you ultimately sell to your competitor, competing offers can help you secure better terms.

5. Protect Confidential Information

One of the biggest risks in selling to a competitor is the potential misuse of sensitive information. To mitigate this:

Require all interested parties to sign a robust Non-Disclosure Agreement (NDA) before sharing any details.
Release information in stages, starting with general data and only sharing proprietary or sensitive details after a Letter of Intent (LOI) is signed.
Withhold your most sensitive information until you are confident in the buyer’s seriousness and the deal’s progress.

6. Negotiate Key Terms Carefully

Beyond the purchase price, pay close attention to deal terms, including:

Break-up fees. These protect you if the buyer backs out after accessing confidential information.
Non-compete clauses. Ensure you understand any restrictions on your future business activities.
Employee and customer transition plans. Clarify how staff and clients will be treated post-sale.

7. Conduct Due Diligence on the Buyer

Just as the buyer will scrutinize your business, you should investigate their financial stability, reputation, and intentions. Make sure they have the resources and credibility to complete the transaction and honor their commitments.

8. Plan for Communication and Transition

Prepare a strategy for announcing the sale to employees, customers, and suppliers. Be transparent about the reasons for the sale and the benefits for all stakeholders to minimize uncertainty and disruption.

9. Understand Legal and Regulatory Implications

Selling to a competitor can trigger antitrust or regulatory reviews, especially if the deal could reduce local competition. Work with your attorney to ensure compliance with all relevant laws and to avoid unintended legal consequences.

10. Stay Objective and Patient

Selling your business—especially to a competitor—can be emotional. Keep your focus on the facts, your goals, and the advice of your professional team. Don’t rush; take the time needed to secure the best possible outcome for yourself and your business.

Summing It All Up

When a local competitor seeks to buy your company, approach the opportunity with caution and preparation. Seek professional guidance, protect your confidential information, create competition for your business, and negotiate terms that align with your goals. By following these steps, you can maximize your business’s value and ensure a successful transition—on your terms.

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You can call us for your free appointment at 480-636-1720, or, if you prefer, Waters Business Consulting Group to learn more about us and the services we offer.

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Ways Business Owners can Deal with Personal Crisis

May 18, 2017 No Comments

Entrepreneurs, by their very nature, are self-reliant. They set goals and achieve them with confidence. When a personal crisis strikes a business owner, it can be very damaging to their corporate environment and even its micro-culture. Suddenly, the dynamics change and can lead to irreparable harm. We’ve all heard the advice not to bring personal problems into professional space, but, some are so large they have a nearly uncontrollable effect. It’s best to bring the situation into perspective, but, doing so might be difficult to accomplish. Ways Business Owners can Deal with Personal Crisis In some instances, it’s possible to prepare a business for a crisis. When it’s impending and inevitable, business owners should prepare by speaking with their team members about delegating and assigning responsibilities, seek legal advice (if applicable), and focus on what’s most important. There will be difficulty in maintaining balance but by being proactive, you’ll have less to worry about. Eventually it happens to the best of us. Something occurs in our personal lives that is so devastating, we have difficulty concentrating at work. It may be the death of a loved one, a divorce, a financial crisis, or serious damage to our homes. When our personal lives are in chaos, it can be hard to focus and get what we need to do done. —Inc.com Unfortunately, it’s often the case that a personal crisis strikes without warning. When it does occur, it can be very burdensome to get through. Even the toughest entrepreneurs will have difficulty trying to deal with upset in their personal lives while continuing to run their businesses. Here are some ways business owners can deal with a personal crisis: Outsource and be willing to ask for assistance. It’s okay to let go and farm-out work during turbulent times, especially if you’re having trouble staying focused and concentrating. Also, there’s no shame asking for assistance from your team — it’s actually a smarter choice. Be upfront with customers. As soon as possible, let your clients know about the situation. You don’t have to go into details, but you ought to alert them to what’s going on, particularly if you’re not able to work as usual. You’ll find most to be understanding and that helps to give you some peace-of-mind. Surround yourself with positive people. This is something that successful entrepreneurs naturally do but it’s very important when you’re going through tough times. Personally, I lean on others as well as my faith and prayer to shoulder the burdens of crisis. It’s uplifting and it can be a way to see the silver lining knowing others are walking with you. Give team members more flexibility. Your employees are huge assets to your business and during a personal crisis, can be the best go-to source for carrying-out day-to-day operations. Give them the flexibility that’s needed to keep your company running smoothly. Do not put undue pressure on yourself. If there’s one thing entrepreneurs struggle with, it’s the fear of not getting the job done. When you are dealing with personal issues, give yourself permission to lighten your workload. Take time to reflect on what’s most important. This is an ideal time to put everything in perspective. Give yourself time off and reflect on what’s truly important in your life. In addition to these, you should be honest with yourself about your life’s direction. Some business owners who experience a personal crisis use it as a learning tool advantageously, but others allow the event to cloud their judgment and make rash decisions. When you’re not thinking clearly, be willing and ready to ask for advice from someone you trust. In my life, I have found great opportunity comes from crisis because of my willingness to reflect and make changes. How have you overcome crisis and remained focused and successful with your business? Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

Entrepreneurs, Avoid these Passive-Aggressive Phrases

January 5, 2023 No Comments

Passive aggression is a common behavior in the workplace, but it can be damaging to both individual and team performance. Such behavior is characterized by the expression of negative feelings indirectly, rather than openly and honestly. This can take the form of indirect or sarcastic comments, procrastination, or the refusal to communicate or cooperate. How Passive-Aggressiveness Hurts Businesses of All Sizes On a personal level, passive aggression can lead to increased stress, conflicts with coworkers, and a negative work environment. It can also damage personal relationships and lead to a lack of trust within a team. From a business perspective, passive aggression can have serious consequences. It can lead to decreased productivity, missed deadlines, and a decline in the quality of work. It can also create a toxic work culture and lead to high turnover rates. Passive-aggressive behavior is frustrating for both parties involved. It’s unproductive and it makes you and others become less trusted in the workplace. —Entrepreneur.com Furthermore, passive aggression can lead to misunderstandings and communication breakdowns, which can have a negative impact on customer satisfaction and the overall success of the company. In order to create a healthy and productive work environment, it’s important to address and resolve conflicts directly and earnestly. This means being open and honest about your feelings and needs, and being willing to listen to and consider the perspectives of others. By addressing issues freely, you can improve communication, strengthen relationships, and ultimately, benefit the success of the business. Passive-Aggressive Phrases Business Owners and Managers shouldn’t Say According to various speech experts, there are certain phrases that can irritate people and should be avoided in order to maintain healthy communication in relationships. These phrases, which are known as passive-aggressive language, often involve an indirect expression of anger or resentment. With this in mind, let’s take a look at a few examples of passive-aggressive phrases to avoid: “I’m fine.” This phrase is often used to mask negative emotions and can come across as insincere or dismissive. Instead, try expressing your true feelings in a respectful but honest way. “Whatever you want.” This phrase can make it seem like you don’t care about the other person’s feelings or opinions. It’s important to show that you value their input and are willing to consider their perspective. “I was just kidding.” This phrase can be used to brush off hurtful comments or actions, but it’s important to recognize when your words or actions have caused harm and take responsibility for them. “It’s not a big deal.” This phrase can minimize the other person’s feelings and make it seem like their concerns are not important. Instead, try acknowledging their feelings and working together to find a solution. “I’m sorry you feel that way.”This phrase places the blame on the other person’s emotions rather than taking responsibility for your own actions. It’s important to apologize for your own behavior and make an effort to make things right. Fortunately, this means that you can improve communication and strengthen your relationships by being aware of these phrases and avoiding them. Obviously, this isn’t a comprehensive list. If you have any other phrases business owners and managers should avoid, please take a moment to comment and share your own personal thoughts and experiences! Are you interested in learning more about business? Then just visit Waters Business Consulting Group.

4 Reasons You’re not Hiring the Best Talent

June 14, 2018 No Comments

We’ve previously covered how to deal with a lazy employee. Now, let’s take a look at the other side of the coin. Or, how do you hire the best talent out there? It’s more complicated and difficult than one would first suppose. That’s because practically every candidate will put their best foot forward to make the best impression. It’s only after you hire do you really know what you’ve successfully recruited. But, to get an advantage, you should be only interviewing the top in the game. Signs You need More Talent Before we go there, let’s take a moment to look at your current situation. If you get the feeling you need more talent or at least one or more highly productive team members, your intuition just might well be spot-on. For instance, if you can’t seem to break previous work production levels, that’s one sign. Or, if you’re employees aren’t growing your business, that’s another. Legendary Texas football coach Spike Dykes once said, “You give me the best players and an average coach and we will beat the best coach with average players every time.” CEOs should take this approach and own recruiting instead of abdicating it solely to HR. One of the five critical CEO responsibilities is to provide the proper resources, and people are the most important. In fact, to scale your business, it requires 4 key components; people, strategy, execution and capital. In my experience, people are the greatest resource in growing any business. —Inc.com Of course, if you’re losing business, that’s a big red flag. Another way to tell if you need more talent is when your company feels stuck. If the status quo keeps chugging along with no breakthroughs, that’s a problem. (This is one reason why it’s always a good idea to bring in a third-party, like a professional business consultant and coach.) 4 Reasons You’re not Hiring the Best Talent Now, we’ll take a quick look at some of the most probable reasons you’re not hiring the best of the best. It could be one or a few combined. But, if you identify or feel familiar with any part of these, it’s time to reflect. Here are the four most common reasons you’re not hiring the best talent: Your casting net is way too small. Let’s begin with the most obvious — you’re casting too small a net. Sure, you’re probably comfortable recruiting from your locality. But, that leaves out a whole lot of people. Your job description is too generic. This is something that too many businesses do: they copy and paste job descriptions when there’s an opening. This is a bad practice because it doesn’t “speak” to individuals who would otherwise engage. You’re not getting back to candidates. Okay, so this is a difficult one. If you do make a great hire, you’re probably not keen about letting others know they weren’t chosen. But, this is not only selfish, it’s rude. Keep everyone who has interviewed in the loop. Your interview doesn’t give an in-depth view. Just like generic job descriptions, when interviews are overly generic, they won’t reveal how candidates think and feel. Those are very important insights you’re not gaining. What other advice would you give about how to hire the best talent? Please share your experiences and thoughts by leaving a comment! Interested in learning more about business? Then just visit Waters Business Consulting Group.