HOW TO NEGOTIATE FOR THE PURCHASE OF A PROPERTY OR BUSINESS!

1.    The key to closing a business using NONE of your own money is not difficult.

One of the key advantages we have over anyone else looking at the property to purchase is that we have the financing already in place.  This is a huge advantage. How many real estate properties fall through because the owner can’t qualify for the loan?

2.    The other advantage with already approved funding (provided the property makes sense) is the speed of the closing.  We can do this in under 30 days, unheard of for business closing.

3.    Since the lender will typically want from 1% to 10% as “skin in the game” down payment, the easiest way to get the deal done is to get the seller to ante up with the down payment and 2% escrow deposit required by the lender.  UP to 12% total.  They may also take a 30% equity stake in the property instead of a loan! This is a great opportunity to have a big lending partner for future grown or expansion!  In addition, MMU will also require some equity/profit sharing.

How to get the seller to easily help with the down payment?

A.     It has to make sense for them.  If they have many eager buyers standing by they can dictate their terms.  Like we already said we have advantages and we need to communicate those advantages with the seller.  LIKE: WE can obtain a Letter of Credit within 24 hours many times to let the seller know we are ready to close now!

B.    The seller also may have an assumable mortgage.  This makes life even easier.  Only a minimum amount of funding may be needed.  That’s the reason for the questions!  Know what you don’t know.

C.    The best way to get the seller to put up the Down Payment is to simply explain to them that we have the funding and are ready to close if you can help.  YOU MUST FIND OUT FIRST HOW MUCH ‘SELLER FINANCING” is included in the selling price.  Most businesses have some type of seller financing attached to it.   If they will offer at least 10% seller financing, then you are home free!  No money out of pocket!  You can even tell them if they offer 30% seller financing or more, that it won’t even be necessary!  You have up to 90% already!  You just need their help getting to the closing table with the proof of funds which will probably need to be in a cashier’s check. 

D.    There are two options now.  Even if the seller won’t do any seller financing, they can just put up the Down Payment and the upfront lender financing can be included in the requested funding amount.  In other words, if the property is 1 million and $100,000 is needed as down payment, simple do the contract up for 1.2 Million.  At closing the seller gets his 100k back, (100k is for MMU consulting commission).  You actually only need the funding for about 24 hours.  

E.    If the seller will carry some of the financing, you will sign a promissory note with them to pay it off over a period of time.  We have skilled negotiators so you may not even have to do this negotiating, our experts will.  You can take a equity and profit share of the project in addition to some commission fees up to $25,000.  MMU has other ways to create residual income from any project including marketing, on going consulting, management, etc. and this is an important part of the negotiating process.

Some of the things to find out when talking to a seller are:

·         How did you arrive at the asking price?

·         How long has the project been on the market?

·         Do you have any current offers on the business?

·         Is there more than one owner involved in the sale?

·         Is the business sold as a lease or with the real estate?

·         Is there a franchise approval document required with this property?

·         What are the requirements to qualify for the franchise agreement?

·         Is there a fee to transfer the franchise over and who is covering that cost?

·         How immediate are you trying to close?

·         What is the current appraisal on the property and when was it taken last?

·         What is the current competition in the area?

·         Is there a management company available for this project or one currently running it?

·         Is there an assumable mortgage on the property?

·         Is their only one mortgage or several on the property?

·         Are there any key issues we need to know about the property regarding, debts, structural, or legal?

·         Why is the owner selling?

·         Is the owner willing to stay on to help with the transition?

·         Do the employees know the project is up for sale?  Are we able to speak with them?

·         Do you have documents on major costs, such as taxes, sales, net income, utilities, etc.?

·         Are there any outstanding liens or back taxes on the property?

·         What are the current taxes on the property?

·         How well is the work environment and health hazards?

·         Is the seller offering any type of financing?  If so how much?

·         What do we need to do to get more specific on this financing?

·         Is their inventory, equipment leases, notes payable, accounts payable, or other contracts in place that has debt or payments, attached to it?

·         We have up to 90% of the funding already approved and quickly, however we may need the owner to help us temporarily with a Down Payment Proof of funds or any security escrow amounts for the lender, is this a problem?  (this is only needed if the owner/broker agrees to seller financing of some sort)

     •           Ownership structure (including subsidiaries and holding company)

Why is the owner selling?

What is the occupancy rate?   Customer list? 

What is the monthly or yearly sales figures?

Do you have documentation on the net profits?

When did the owner decide to sell the business?

How many principles are their involved in the selling decision of the business?

What are the lease terms?

Is their any financing in place for the buyer and is the seller willing to finance part of the business?

How much of the business will the owner finance?  Is this negotiable?

If broker:  (how flexible and easy to work with is the owners?)

What improvements need to be made to the building?  Land?

Do you have the docs for the utility costs?  Labor costs?  Expenses?

How did you arrive at your asking price?

How will you document the financials of the business?

Do you have any past or pending lawsuits, or liens on the business or property?

How much does your business depend on a key vendor or client base?

What will you do if you don’t get any offers?

What does the seller expect in terms of buyer documentation or deposits?

How quickly is the seller trying to move the business and is their a urgency on it?

Are their any issues regarding the mortgage of the property?  (foreclosure, short sale, non negotiable terms)

I understand you work for the seller, but would you be able to tell me how negotiable the seller is on the asking price?  Usually the seller gets 60% of what they are asking.

Are their outstanding taxes, inventory, equipment, payroll, or other costs that the seller has to pay off after close?  (this could be used to reduce the asking price and reduce upfront costs, we assume these costs)

Is their an assumable mortgage that may be possible?

Is the owner willing to help close this deal with some of their own financing, if we have about 90% ofthe total selling price?  ( We don’t want to tell them this until were ready,  we can use some leverage to get the costs down, and negotiate better terms.  If we tell them we have all the money,  they may get difficult to deal with )

When would be a good time to set up a phone call with our buyer in the next few days after you speak with the owners?