The main due diligence that is conducted in a business acquisition is the purchaser’s investigation of the seller’s assets, financial condition and other items. A seller, however, should also conduct due diligence with respect to its potential purchaser. The primary areas to conduct due diligence on your purchaser are the purchaser’s financial wherewithal to fund the purchase price and the purchaser’s overall financial and operating condition. You should seek some level of comfort from the purchaser that it will be able to pay the purchase price, whether by examining the purchaser’s financial statements or obtaining a copy of a loan commitment. You should also search court records to determine whether the purchaser is involved in litigation to an unusual extent and to even confirm whether the purchaser is the subject of a bankruptcy filing. Last, you should consult with relevant players in your industry and your network to ascertain that the purchaser has a good reputation and integrity. By conducting this relatively easy due diligence on your purchaser, you can make sure that the sale of your business is destined to succeed from the outset.
ABOUT GLENN D. SOLOMON
Glenn D. Solomon Esq., is a principal at the law firm of Offit Kurman and has provided counsel to businesses and business owners for more than twenty-five years, with extensive experience in the purchase and sale of businesses, structuring ownership agreements, and advising companies in financial distress
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With 120 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our eight offices serve individual and corporate clients in the Maryland, Delaware, New Jersey, and Northern Virginia markets, as well as the Washington DC, Baltimore, Philadelphia, and New York City metropolitan areas. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.
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