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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Now is the Time to Get a Sweet Deal on Office Space

September 9, 2020 No Comments

In the midst of the COVID-19 shutdown, and the simultaneous rise of WFH or work-from-home dynamic, commercial real estate is steadily on the decline. With many businesses closing and others surviving on minimal staff, office space, retail locations, and other commercial real estate is and will continue to experience a huge vacancy rate. While that’s not good news for them, for savvy business owners, it presents a prime opportunity. Meaning, it’s very possible to lease (or buy) commercial property for a really good deal. The Buy Low, Sell High Strategy Everyone’s heard of the old “buy low, sell high” investment strategy. But, only those who actually act on it are the ones who benefit. When the market is down, investment advisors often tell their clients to buy why everything is on sale. However, too many people are just too risk-averse and don’t follow the advice. Asking rent prices have yet to fall, which is typical in a down cycle as landlords try to hold out as long as possible, says CBRE chief economist Richard Barkham. At the same time, Barkham says, landlords are eager to fill space, so they’re willing to offer a bevy of concessions to the right tenants, including rent-free periods, build-out expenses, and flexible lease terms. —Inc.com In fact, more people tend to cash-out when the market goes through a downturn. They “realize” an otherwise “paper loss.” The point obviously being that the adage of “buy low, sell high” really works. And, it works so well, it’s repeated over and over. The real trick is to just do it. How to Negotiate the Best Office Space Deal With all that said, now is the time to take advantage of the circumstances and land a sweet deal on commercial space. Here are some helpful tips for how to lease commercial space at a substantial discount: How long has the space been vacant? Learn how long the space has been vacant because it will give you a sense of how eager the landlord or owner is to fill it. Of course, the longer it’s been empty, the more motivated the landlord will be to sign a new lease. Are there other interested parties? If there aren’t any other companies interested in the space, that will definitely work in your favor. Simply put, the less interest, the better for you. After all, that means there’s no competition. Does the property have other vacancies? A property landlord or owner with multiple vacancies will be far more willing to negotiate in order to fill as much space as possible. Learn about subletting policies. If it’s allowable, subletting can help to offset the cost of leasing commercial space and make it even more affordable. Do your homework on similar properties. Another thing you can do is learn about similar spaces. Use this knowledge to negotiate a better deal. For instance, if another landlord/owner offers a better lease rate, you can use that as leverage to bargain on a property for less. What other suggestions do you have? Please share your thoughts and experiences by commenting and giving others some valuable advice! Interested in learning more about business? Then just visit Waters Business Consulting Group.

The Samsung Galaxy Fold Demonstrates this Powerful Business Lesson

May 29, 2019 No Comments

The mobile technology world experienced one of the biggest public blunders of all time. Samsung shipped a number of demo units of its $2,000 foldable smartphone to several high-profile reviewers. Within 48 hours, a good number of the devices were broken. The reviewers shared their surprise and since, Samsung has delayed the release of its “Foldable Phone of the Future.” The Samsung Galaxy Fold Unfolds Unnecessary Bad Publicity To be fair, some broken due to reviewer mishandling. They mistook a part of the screen as a protective layer that all smartphones ship with. Others noticed bulges in corners near the fold. While the former did inadvertently damage the devices, the latter simply watched as the units failed. You’re anxious to get your business off the ground or get your latest product out to the public as quickly as possible. Perhaps you’ve already started your marketing and promotional campaigns. You’ve got visions of a best-selling product dancing in your head. But selling too quickly can be dangerous; there can be drawbacks if you are putting the cart before the proverbial horse. Businesses that start selling new or innovative products without taking the time to put their ducks in a row often regret their decision. —All Business It’s yet another example of a manufacturer rushing a product to market before it’s truly ready. When such bad PR situations occur, these can lead to companies going out of business outright. The Negative Effects of Rushing a Product to Market Companies rush products to market. It does happen. And, it’s a huge and completely unnecessary risk. Here’s why: Damage to reputation. Let’s begin with the obvious. While mega corporations can weather such storms, small businesses might suffer tarnishes to large to overcome. It sends the wrong message. Thomas Edison practically invented “vapor-ware,” the introduction of a product which doesn’t actually exist. When you release something prematurely, you’re sending a message you care more about turning a profit than your customers. It causes a loss of trust. If the gamble fails to payoff, it means you’ve sacrificed trust. Consumers just won’t trust your brand in the future and that’s never a good thing. Your team will also suffer. Pushing out a product before it’s ready just might lead to a loss of key employees. Some could walk away, not wanting an association with a company who isn’t willing to wait until it’s right. You’ll regret the decision. Of course, as the leader of the organization, it’s you who takes all the blame. Ultimately, you’ll have to accept making a bad decision and the consequences which inevitably follow thereafter. What other negative consequences does rushing a product to market have? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Is Your Business Really Ready to Expand in the Coming New Year

January 7, 2020 No Comments

Is your business really ready to expand in the coming new year? Although the question seems complicated, it’s not too difficult to answer. Just four key factors can quickly help you determine if you’re ready to expand your business. And, perhaps more importantly, if your company is ready to expand. What it Really Means to Expand a Business Business owners often think about two elements when it comes to expansion — output and sales. Of course, it’s not that simple. However, these are two very important parts of the overall equation. Nonetheless, what it really means to expand a business is to take on a whole new level of responsibility. Even thinking about growing your business is exciting. Expansion means more products or services, customers, sales, and income for you. And, for businesses with physical locations, expansion might mean opening a bigger or second location. Before you rush into expanding your small business, you need to make sure your company is actually ready for growth. Your recent business success isn’t the only thing you should look at. —Forbes.com It also means the business having to respond to a new level of production while not losing it’s nimbleness or its personalized customer service. After all, if it can’t do the latter two — stay agile and maintain customer care quality — it will hurt the company greatly. 4 Signs It’s Time to Expand Your Business So, just what are the signs that it’s time to expand a business? Well, it comes down to only a select group of factors, which include the following: You have too much business. Time and again, you’re falling behind because you simply lack the resources to get all the work done. You’ve streamlined every single solitary step along the way and still, you’re not able to adequately keep up. Worse yet, it’s starting to show itself to customers. Too much work and too few resources to get it done in a timely manner. You have a strong team in-place. Your team members are your secret sauce. Without them, you’d really be in big trouble. Fortunately, they’re able to pull off magnificent feats over and over again. Well, that’s not only good news for the present, but really good for a future expansion. You have the money to expand. Expanding usually means incurring significant expenses. But, if you have some retained earnings saved and a strong forecast for the next several months, you probably can afford to expand your operation. You have a plan to upscale your operation. While the first three elements are absolutely critical, this is perhaps the most important of all because it will define your way forward. (It’s also where winging it just won’t cut it.) So, take the time to consult an experienced business consultant and coach. Someone who has helped companies grow before. Work together to formulate an actionable expansion plan. What other advice would you give business owners who want to know if it’s time to expand? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.