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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How to (Re)Establish Business Relationships Post Shutdown

June 3, 2020 No Comments

As you reopen your company, people you previously did business with might or might not return with you. Or, it could be the same people, but in different positions, not necessarily having the same latitude and/or resources at their disposal. These individuals, vendors or customers, will most likely continue their relationships, but it will probably be one that’s changed. So, you’ll need to re-establish said relationships and do so in a thoughtful and careful manner. Why Business Relations are Now more Important and Fragile than Ever Of course, whether or not you’re dealing with the same individuals and/or roles Will depend on a number of factors. It’s important to understand and accept the fact that you have no control over these situations. That means you’ll have to make adjustments on your end, in order to make the relationships work. Hopefully, the people you deal with will have some say of their own, but it’s best to hope for the best and plan for the worst. In the early months of 2020, the COVID-19 pandemic prompted wide-sweeping shutdowns and shelter-in-place orders across the United States. Now, as parts of the country look to start relaxing these strict measures, small business owners need to think about what’s next and how they will adapt and move forward safely and sustainably. —U.S. Chamber of Commerce As you reopen, some of the individual vendors and customers you previously worked with might not come back. Also, there’s the inevitability of personnel change among vendors you worked with prior to the shutdown. This means they’ll be some level of give and take, and you’ll need to temper your expectations from time to time until the new relationship takes form. How to (Re)Establish Business Relationships Post Shutdown Going forward, This new and strange dynamic will present its own set of challenges. But, with a bit of patience, tact, and along the way analysis, you can either establish new business relationships or re-establish old ones. Here’s how: Reach out. Obviously, this is where you’ll start. Reach out to those you had the strongest relationships before. Then, to others and go down the list to eventually get to those you only occasionally worked with prior to the shut down. Listen carefully. When you do speak to vendors and customers, make a conscious decision to actively listen. Don’t give into the urge to carry on about your business. Instead, take the time to listen carefully to them and learn about their circumstances. Communicate clearly. By the same token, be honest about your situation, exactly where you stand, and where you expect to be in the near future. In short, under promise and over deliver. Offer Meeting options. Not all clients, customers or partners will feel comfortable meeting in person so offer them options. We have asked our clients; would you prefer to do a video or ZOOM conference or have us meet you in person. Just asking shows you are sensitive to their concerns. Pay on time, every time. Also, be sure not to get too far ahead of yourself so you’re always in a position to pay on time, every time you receive an invoice. Otherwise, you’re opening yourself for trouble. Refer good vendors to others. Another thing you can do is to refer your favorite vendors (and customers) to others to show your appreciation. What other suggestions do you have? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Beware Entrepreneurs, This is Your Biggest Failing Point (but You Can Get Past It)

March 25, 2021 No Comments

What is an entrepreneur’s biggest enemy? There are many answers one could give to the question. Including things like self-doubt, lack of capital, not enough focus, and many more. But surprisingly, one of the biggest entrepreneurial foes is themselves. This comes in various forms, but one that’s particularly counterproductive is a rigid and unceasing belief that they can make anything work, including relationships. Usually, this is where toxic relationships come into the picture, but instead, we’re talking about relationships that just don’t work out for anyone involved. Final Endings can be Just as Healthy as New Beginnings Dr. Henry Cloud has spoken and written extensively about what he calls “necessary endings.” Basically, what this means, is putting an end to any relationship that is not a healthy one. And, it is applicable to the business world more so than one might imagine. That is to say, that sometimes putting a final end to a business relationship is also the birth of a healthy new beginning. Failed relationships in business have high costs, both financial and emotional –expensive golden parachutes, failed hires who waste costly training, partnerships and investments that lead to misery and conflict, investments that make you wish you had put your money anywhere else, buyouts that lead to the destruction of a business you’ve nurtured over decades. —Forbes Put another way, entrepreneurs are very stubborn people. They believe they can fix just about any scenario or situation. This even extends to their professional relationships, even when those relationships fail to work out time and again. Business owners mistakenly believe that just by making a few tweaks, they’ll be able to parlay productive relationships with individuals that have previously been failures. Although this isn’t so, it’s their rationalization about their own prowess that leaves them to try over and over. How to Effectively End Bad Business Relationships Fortunately, there are ways to identify and end bad business relationships. The trick is to rely on other people’s good judgment and embrace counterintuitive ideas. With a different perspective, it’s entirely possible to identify and end just about any bad business relationship. Here’s how: Stop the cycle. Instead of continuing the relationship on with the same person and experiencing the same bad results, make a resolution to realign your relationship. After all, it’s possible to remain friends, yet not be in business together. This doesn’t require an uncomfortable confrontation. Rather, gradually transition from a working relation into a just a casual one. Ask others for help. There are people in your life who you trust. Rely on their good judgment to help you see your blind spots when it comes to failed working relationships. This will probably be difficult to hear and more so to accept, but having someone else’s perspective may be enough to convince you that it just won’t work out. Try switching roles. If it seems like a particular relationship with someone in various business ventures fails time and again, perhaps it’s the wrong personality. Confide in someone else and bring them into that other person’s role in order to experience a new dynamic. Doing so might also help to reveal some of your own shortcomings. Step outside your comfort zone. It could very well be that the reason you and this other person can’t seem to get things to work out in a business environment is because you’re only comfortable in certain situations. While it’s usually beneficial to rely on others’ strengths where you have weaknesses, it’s also advantageous to overcome those weaknesses whenever possible. Look at the big picture. Having to end a relationship, even a bad one, can be very difficult. This is particularly true if you have an affinity for the other person, even when things just don’t work out. However, this type of unproductive relationship will likely only continue to disappoint rather than reward. Don’t see it as a failure on your part. Instead, accept it for what it is, good and bad, and find a realistic way to move on. What other suggestions do you have for ending bad business relationships? Please take a moment to share your thoughts and experiences. Your unique perspective might help one or several people out of toxic situations! Interested in learning more about business? Then just visit Waters Business Consulting Group.

My Best Job Candidate just Turned Down My Employment Offer – How can I Prevent that from Happening Again?

August 19, 2022 No Comments

So, you offered a superstar an employment opportunity and that person ultimately turned the offer down – much to your surprise. Now, you’re wondering why this happened. And, more importantly, how you can prevent the same from happening all over again. After all, repeating the whole process over and over will probably just produce the same disappointing results. With this in mind, it’s best to know the most plausible reasons top job candidates turn down employment offers. Top Reasons Job Candidates Turn Down Work Offers Let’s start with the most obvious: the compensation isn’t competitive. When was the last time you actually took the time to look at the latest compensation rates for your open positions? If you haven’t done this in quite some time, it’s definitely time to do so now. Another top reason is the benefits aren’t enticing enough – they simply aren’t adequate. Have you ever felt really good about a candidate? You thought it was a perfect match and couldn’t wait to have them on your team. You made your absolute best offer … only to have them turn it down. This may have led you to settle for your second, third, or even fourth choice candidate. You might find yourself wondering, what makes someone go through the trouble of applying, interviewing, etc., only to say no once the job is offered? What is it those job seekers want? —CareerPlug Again, if the benefits you’re offering aren’t in line with others in your industry, that’s a red flag. You need to give your benefits package a reexamination right away. Of course, another top reason is the interview process didn’t go well. You need to deconstruct how you vet candidates and make the necessary changes. Also, be sure to reassess who does the interviewing – maybe there’s a change needed there, too. Other Common Factors that Cause Job Candidates to Decline Offers Obviously, if the culprits aren’t compensation, benefits, or the interview process, the explanation must lie elsewhere. So, here are some more possibilities as to why you were turned down: The position really isn’t a good fit. It could be the candidate thought he or she was going for one position and it turned out to be something different. Or, that your company culture isn’t a good fit with his or her personality. Be sure you’re accurately describing the position and it isn’t in any way misleading. Too many negative online reviews. You might care deeply about online reviews. Or, might be a bit ambivalent about online reviews. Regardless of your disposition, it could very well have a detrimental impact on a potential hire. It’s obviously not enough to check your company’s reviews but to respond professionally. There’s a poor work-life balance. If you’re the type of employer who demands people give their all and are always available, you’re asking way too much. What’s more, anyone who has a home life won’t find it appealing to work for your company. Sure, there will be some candidates who like and thrive in these types of environments, but probably a lot fewer than those who place great importance on a sound work-life balance. What other reasons would you say would contribute to a job candidate turning an employment offer down? Please take a moment to share your thoughts and experiences so others can benefit from your perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group.