Sales & Acquisitions

Benedict C. Di DucaBusiness Sales

Di Duca Law, PC has the proven ability to assist clients with the maximization of the value of their business, the organization of the sale, and marketing of the business interests and then carrying the transaction through to completion.  From the preparation of the first confidentiality agreements to the close of escrow including the preparation of purchase agreements, leases, guarantees, and security instruments, Mr. Di Duca has the experience you need. 

Business Sale Planning

Too often a client may decide to sell a business out of need rather than after careful planning.  In that case the results can be disastrous.  The principal problem is that many business owners and managers tend to operate with a focus on income tax reduction.  Advance planning for the sale of a business will allow the business owner/seller to create a history of profitable performance, which translates into value.   Mr. Di Duca strongly advocates the development of an organized exit strategy that includes maximizing business value well before a sale become necessary.

Sale Process

A “business sale” may seem simple; however, the management of debt, issues of taxation, and ongoing liability add a level of complexity that many clients do not anticipate, yet these issues are key to the seller’s long term security and available funds.  The actual sale typically comes after extensive strategic marketing, negotiations, disclosure, and evaluation, all of which should be handled by competent legal counsel.  While we work with many “business brokers”, only a skilled legal professional should be allowed to actually handle the legal aspects of the sale.

Business Acquisitions

There are benefits to purchasing an existing business that may include the value of an established operation, a franchise that is not otherwise available from the franchisor, and avoidance of the three to five years necessary to bring a new business into profitability.  The downside becomes apparent when a business is hastily purchased and fails to perform as represented, with loss and litigation being the likely outcome.  Once the decision is made to purchase the business, the seller should be subjected to an extensive evaluation of financial performance, management and human resource issues, and position in the marketplace.  Before you consider undertaking the liability for someone else’s operations, Mr. Di Duca recommends a careful consideration of the business, its existing liabilities, and your other options. 

If you have additional questions concerning your legal matter, please contact Di Duca Law, PC for an initial consultation. We can be reached by phone at 530.343.3454, by electronic mail via info@diducalaw.com or by filling out the form on our "Contact" page.

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