Business Owners who have firmly decided to sell, often struggle with the term “exclusive right to sell". With this in mind, a third party Business Broker or Advisor can only complete the sale/ receive commission if the business sells under the terms of the Agreement.
Many Sellers see this as a disadvantage, as oftentimes they have already been approached by potential Buyers in one form or another. A business owner may want to maintain the option so that if any of these early inquirers want to buy, they can complete the sale without a third party Business Broker.
Are you considering whether or not you need to bring in a Business Broker or Advisor to facilitate the sale of your business? If so, then the question to consider is “Why has the Business not been sold to any of the buyers who have already approached with an interest in buying?”
In some cases, the Broker may be used as the stalking horse to hedge against one of those potential buyers, thus ensuring that your price stays competitive.
In any event, exclusive right to sell, has many advantages for the Seller, but that is often not the case for the Broker. An “Exclusive Right to Sell” in turn keeps a broker accountable, providing a lot of benefits to the Business Owner. For example;
- The Broker will be highly motivated to market the Company and close a sale
- The Broker knows the market and can position the Company to the highest value buyer.
- The Seller can entirely focus on running the Business with minimal distraction
- Communication is clearly defined between Broker and Owner.
- Communication is kept to the essentials for the Owner, keeping the Emotions in check.
- Confidentiality is best kept with clearly defined and organized Communication Channels.
- The Sales price and the chances to sell are both higher with a Broker involved, per statistics.
- One potential disadvantage to consider for the Seller is that he has to pay the Broker a commission in the event that the Buyer contacts him directly. With this in mind, a good agreement leaves room for that with a discount clause.