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Legal and Ethical Pitfalls to Avoid When Selling Your Business

Edward Gates by Edward Gates
January 15, 2025
Legal and Ethical Pitfalls to Avoid When Selling Your Business
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Selling a business is a big deal. It is far more than just finding the right buyer and agreeing upon a price. The sad truth is that many things can go wrong if you’re not careful. So, how to avoid finding yourself in a minefield during the process? Let’s break it down.

Be Honest About Your Numbers

Transparency is not optional when it comes to selling your business; it is a must. Of course, it may be very tempting to paint a rosier picture of your finances in order to attract buyers, but that is a slippery slope. Imagine a buyer finds discrepancies after the deal is done. Apart from possible legal implications, it may affect your reputation.

This is where sell due diligence comes into play. Buyers will scrutinize your financial records, contracts, and liabilities to make sure everything checks out. The more organized and forthright you can be, the easier this process will be. Instead of waiting for buyers to find those red flags, go through a deep review of your financials yourself. Think of it as spring cleaning for your books ahead of a sale. Bring in an accountant, show everything, and be transparent about your revenues, expenses, and debts. This is a big plus when it comes to buyers, as it sets the tone for a trusted transaction.

Keep Things Confidential

Selling a business sometimes feels like trying to juggle too many secrets. You want your employees and your competitors to remain uninformed, while you need to share information with potential buyers. It is a balancing act.

That’s where NDAs come in. They’re like a shield to make sure that the sensitive details of your business stay under wraps until the deal is finalized. Be cautious about who you are sharing information with and when. A leak might create unnecessary chaos, from unrest among the staff to giving competitors an edge.

Follow the Rules (All of Them)

Nobody likes diving into legal jargon, but the rules are there for a reason. When you sell a business, there are a ton of regulatory boxes to check: tax obligations, permits, and even contracts tied to your business operations. Miss something, and you could face hefty fines or delays in closing the deal.
It’s worth getting an expert to guide you through the maze of compliance, who will help you spot what might go wrong and where you might be missing a trick. The last thing you want is a legal headache just as you’re celebrating the sale.

Don’t Forget About Your Employees

Here’s the big question: what happens to your employees once the sale is final? In all the excitement over the transaction itself, it’s sometimes easy to forget that there are people out there who helped you build your business. Ethically, and often legally, you owe them some consideration.

Think about their rights: severance packages, pensions, or the possibility of transitioning their contracts to the new owner. Keeping them in the loop-when the time is right-is a respectful way to possibly keep morale up during the transition. After all, nobody wants their team blindsided by a sale.

Be Clear About Post-Sale Responsibilities

The sale does not always conclude on the day one hands over the keys. Some buyers may still want you to hang around a little longer in order to effect a smooth transition, and that may include training the new owner, handing off key client relationships, or staying out of the market for a set period.These post-sale obligations must be clearly defined within the purchase agreement. Ambiguity only creates further disputes. So, take the time to iron them out and ensure that all parties know what to expect.

Market Honestly

Putting a business on the market is probably the easiest time to get carried away with the highs. However, exaggeration and half-truths simply do not help. Nobody likes being duped.

Instead, focus on facts: emphasize your business’ strong points but mention the weaker ones, too. Buyers love honesty, and it is a building block of trust that makes the whole process so much easier.

Get the Right Help

Selling a business is not a DIY project. There are legal documents to draft, ethical considerations to weigh, and negotiations to manage. Trying to handle everything on your own is an invitation to stress-and, very possibly, some pretty costly mistakes.That in itself is a very good reason why solid ‘teams’ in your corner are important. Be it a lawyer, an accountant, or a business broker, it saves you time, money, and headache in the long run because their expertise makes sure everything goes according to the book.

Wrapping It All Up

Selling your business is a process, and like any process, the road can be full of twists and turns. But if you’re transparent, ethical, and diligent, not only will you avoid the major pitfalls, but you’ll also set the stage for a successful transition. Take your time, ask for help where and when you need it, and always keep the bigger picture in mind. After all, the goal isn’t just to sell-it’s to sell well.

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Edward Gates

Edward Gates

Edward “Eddie” Gates is a retired corporate attorney. When Eddie is not contributing to the American Justice System blog, he can be found on the lake fishing, or traveling with Betty, his wife of 20 years.

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