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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Former Employee becomes a Rival Without a Non-Compete Agreement — What Should I Do

September 30, 2020 No Comments

Here’s an unusual but not unheard of situation. A team member leaves your company only to go off and form a rival business. Making matters worse, there’s no non-compete agreement in place. Perhaps you never considered one, or thought it unnecessary. Whatever the case, your former employee is now a direct competitor — so, what should you do? Legal Action might Not be the Best Action The reflexive answer might be to sue. However, this will be very costly and challenging. Without an explicit non-compete agreement, you’ll have to prove with documented evidence that he or she used proprietary methods, and/or work product, and/or more, in order to start his or her business and poach customers. In other words, it will be a very expensive and uphill proposition that doesn’t have more than a 50/50 chance of succeeding. When the employer faces a worker that engages in certain activities, he or she may need to sue the person for the actions that lead to the individual becoming a competitor. Many of these circumstances involve the employee acting in direct violation of company policy or the state or federal laws by stealing information from the company or poaching clients. —HG.org That means you’ll have to find another way to deal with the situation. Since you’re probably not going to persuade him or her to give up their newfound success, or come back to work for you, what alternatives are there? Well, it really depends on your relationship as it stands now. How to Deal with an Ex-Employee Who is Now a Competitor When a former employee becomes a competitor, it can stir up a number of emotions. You might feel proud, if this was the plan all along. But, if it came out of the blue, chances are excellent that you will feel angry and even cheated. Fortunately, there are ways to deal with an ex-employee who becomes a business rival: Talk about establishing some mutual boundaries. Although there was no arrangement in-place prior to his or her departure, that doesn’t mean that you can’t come to some agreement now. Speak with him or her about establishing some ground rules. Perhaps, you both can offer different variations of what is essentially the same within the industry. For instance, you take on one type of client, why he or she takes on another. Or, you agree not to cross certain geographic boundaries. Form a strategic alliance. Here’s another idea — work together, yet separately. If the above suggestion isn’t feasible, then there’s no reason you can’t work together, behind-the-scenes. For example, you might be able to serve clients in one capacity, while he or she serves them in another. Yet another alternative is to work in tandem, where you pick up where he or she isn’t available, and vice-versa. Shift your focus. This just might give you the opportunity you’ve been waiting for, for some time. You can look at it as a blessing in disguise to transition from one business model to another. Perhaps you’ve wanted to take the company in a different direction, but have been unable to fill the void. Now, there’s someone to do just that, freeing you to pursue new things. What other suggestions do you have to deal with such a situation? Please take a moment to share your thoughts and experiences so others can benefit from your prospective! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Common Franchise Pros and Cons

August 5, 2018 No Comments

Franchises are a great way to get into business. But, these models aren’t for everyone. There certainly are pros and cons to the systems, regardless of industry. However, it’s an effective way to start a company and it’s a quite popular method. For instance, there are approximately 400,000 franchises in the United States alone, according to the International Franchise Association. These employee nearly 10 million people and range across 75 different industries. But, is it for you? Most Common Franchise Downsides Okay, let’s begin with downsides of owning a franchise. Perhaps the largest can easily be capital expenditure or start-up costs. Some are quite large but others are relatively inexpensive. Along the same lines are the fees. You’ll pay for marketing materials, royalty payments, and more. Speaking of costs, you might be subject to sole vendor sourcing. Meaning you must purchase certain materials and supplies from approved vendors. If buying an existing business doesn’t sound right for you but starting from scratch sounds a bit intimidating, you could be suited for franchise ownership. New franchisees can avoid a lot of the mistakes startup entrepreneurs typically make because the franchisor has already perfected daily operations through trial and error. —Entrepreneur.com You must also comply with the proprietary standards, set by the franchisor. Now, you might have some flexibility with said standards, but it’s usually limited. Additionally, you could also be locked into a contract. Then, there’s the ongoing success of the franchisor. In other words, the “parent company” must continue its track record. And then, there’s always risk involved with any endeavor. Biggest Franchise Advantages Of course, franchises have plenty of upsides. If they didn’t, there’s no way these models would routinely demonstrate such high levels of success. People simply wouldn’t waste any time (or money) and the entire notion would eventually disappear. But, franchises do largely succeed. So, here are the biggest franchise advantages: It’s an already established brand. Here’s what attracts so many entrepreneurs to buying franchises — it’s a known quantity. Consumers are already familiar with the brand and its products and/or services. Which means you don’t have the burden of establishing it from scratch. Marketing and operation support. Another big benefit is that you’re not out on your own. You receive marketing and operational support from the franchisor, which is a huge plus. Proven system of employee training. Along the same line is there’s already a working system in-place for employee training. You don’t need to work your way through trial and error to refine a workable training system. Access to proprietary operating methods. Speaking of an in-place system, you also don’t have to try to peel back the veil to learn how the system works. You’ll get all the information you need to open and run the business with actionable guidelines. What other franchise pros and cons would you add to the list? What are your thoughts about buying a franchise? Please comment and share your ideas! Interested in learning more about business? Then just visit Waters Business Consulting Group.

3 Biggest Inflation Price-Adjustment Mistakes to Avoid

November 26, 2021 No Comments

Inflation in the United States is at its highest level in 31 years, according to the Wall Street Journal. Currently, it’s measuring around 6%, and complicating matters more is supply chain issues, along with shortages in key materials, as well as labor availability. Due to these factors, businesses are faced with the decision to raise prices. Although practically any business owner would resist, this just isn’t a sound strategy. When a company’s costs rise, it must pass on at least a portion to consumers. If businesses don’t raise prices, they obviously reduce their margins, thereby reducing their revenues. So, do small businesses deal with inflation? How Small Businesses can Deal with Inflation Fortunately, there are a few key strategies you can employ to help your company through an inflationary cycle. One step you can take is to offer bulk discounts on the products you sell, incentivizing your customers to purchase more in exchange for paying less overall. Another thing that you can do is to use the same strategy for wholesale vendors, asking them for a slightly higher discount in exchange for purchasing more inventory, or materials and supplies. The PPI — producer price index– measures the prices of goods immediately postproduction and serves as a critical indicator of the pressure facing companies. Companies that weathered previous storms the best took decisive steps to counter rising inflation by pushing through price increases consistent with PPI — but that alone was not enough. —Havard Business Review Small businesses can also help to offset inflationary pressures by scheduling jobs further into the future. Since materials are more scarce at the moment, this might not be a viable strategy. Of course, this does come with a good deal of risk, because you don’t have a crystal ball into what will unfold over the next several months. Yet another strategy for coping with inflation is to move to alternative materials and supplies that cost a little less. But, be aware this might also mean having to settle for a lesser quality product. 3 Biggest Inflation Price-Adjustment Mistakes to Avoid If these strategies aren’t enough or don’t appeal to you, there are definitely things you should avoid doing. Because any one of these will likely be extremely costly in one way or another. Here are the three most dangerous mistakes businesses really need to avoid in their inflation adjustment pricing: Apologizing. Sure, it’s human nature to empathize. But, you’re not the driving force in rising prices, nor are you in control of the elements that are causing inflation to rise. Although it’s tempting to apologize for having to charge more, it puts you in a position of weakness and can easily lead to you reducing prices at a time where it’s just not feasible. Overcharging. Obviously, price gouging is illegal. But, charging more (particularly above the new, higher market rate) in order to cover your rising costs and increase your margin at the same time is not advisable. Doing this will only result in driving customers to look for less expensive alternatives in your competitors and leave you with a guilty conscience. Undercharging. This is perhaps the biggest temptation small business owners face during inflationary periods. They empathize with their customers, being affected in their own personal lives too. So, they decide to keep their prices the same or only raise them as little as possible, thereby cutting into their margins. While customers will certainly appreciate the break, it could very well become a self-inflicted wound that leads to ruin. What other suggestions do you have for dealing with inflation price adjustments? Please take a brief moment to leave a comment and share your thoughts and experiences so others can benefit from your strategies. Interested in learning more about business? Then just visit Waters Business Consulting Group.