Using Business Broker In the Franchising Industry for Franchise Sales

Franchising companies often use Business Broker to help attain sales goals. Here is an interesting fact. Most large Business Broker Chains promote franchises and charge franchises money to join their network and programs. Not chump change either. Then the Broker Network takes all the logos and prominently displays them in ads and websites, and titles, meta tags and key words those pages. So as to attract customers, franchise buyers. But when a franchise buyer calls up, they are sent to the local business broker who secretly hates franchises?

Why? Low success rate? No, high success rates, the broker cannot resell it in the future when it goes South, because it never does. Then he cannot get money to appraise it and put it back on the market and sell it again. In many places the same broker sells the same small business or company over and over again. Yep. That’s right, who wins? The business broker’s buddies in the Community Service Club, the attorney helping the deal along, the accountants doing the books and of course the broker who has an appraisal certificate and of course the appraisals happen to come out where? At the exact price for a quick sale and fat commission.

How fat? Fat enough for the FTC to regulate the pills and ads of such that the broker takes. $20,000 plus. But the broker will say it is hard work? Really? Selling the same company twice, three even sometimes four times is hard work? BS. But of course with franchises, the franchise fee is used to help offset costs from the franchisor’s administration costs so normally the broker can only get $10,000 to 15,000 commission. Gee Whiz whose business is he going to push first? The one with the highest commission, just like a stock broker or financial planner tries to sell insurance annuities first, the commissions are much higher, why, because they are not as good and are harder to sell?

The Business Brokers, they are on their own team, not the buyer who they swear to help or the business seller who they listed the business. Nope, and then there is the franchisor. He/She has given them use of their brand name to use on a website and they take that and use that Federal trademark to attract buyers and then switch the buyer to a higher commission. And what about the franchisors who are only willing to pay a reasonable sum such as $4,000-$6,000 commission (actually finders fee) on a $20,000 franchise fee? Well those good franchisors businesses never get promoted and never get sold, yet they are being the most true to their team and systems by keeping commissions low and saving money to in turn better their franchise system. So the business brokers charge the franchisors lots of money, bait and switch call ins for a particular franchise for a dry cleaners or a car wash or something they can turn a huge commission and quick buck on.

And they can give earnings claims since they are simply a finders fee player, if you do not believe this happens check out a recent FTC opinion on business brokers. Then the business brokers knowing the tough nature of the franchising industry tell buyers that the franchises are no good and to ask how much income the buyer will make and if the franchisor cannot answer don’t buy it. But in franchising we have laws about earnings claims where as business brokers do not. They have accounting and books to show the buyers of businesses who come into the business brokers offices.

But alas, everyone knows when the original owners of a business leave the volume drops a minimum of 20% because the new owner is not a familiar face, thus the old customers start shopping around and the excuse is they have no loyalty to the new buyer, since they always did business with Bob or Sam or the Smith family, you see? It gets worse the business brokers have a disclaimer that says when you buy a business that you realize they are not liable for any information given to you during the sale? Interesting since they are the appraisers, know the history, tell you that the franchisors are not to be trusted since they do not for the most part give comprehensive sets of earnings claims. Why? Due to lawyers and lawsuits and in adequate and unverifiable data and loss of proprietary information in disclosures.

So the business brokers use this fact to entice franchisors to list with them take their money knowing franchisors have to sell with their hands tied behind their backs then use their band name to attract buyers, then bait and switch the customers and have them sign a form stating the information might be here say (standard in the industry) check it out, and then to top it all off sell someone something that will not work and then in a year or two it is back on the market with guess who? The same broker.

I once had a discussion with some lawyers on the ABA Forum for Franchising discussing brokers and even they were unaware of this problem. You know more franchisors should be smarter and look into this. The FTC should not allow business brokers to do things that franchisors cannot. Actually they should let both do what the brokers do, but all should be truthful when doing so. Too many laws, too many loop holes, not enough jobs, not enough sales to build systems fast enough to build the economies of scale to compete with the Wal-Marts of the world. Franchising could deliver that level of fierce market competition regionally with economies of scale buying power and team work while giving back to the communities they serve and keeping the money local, but not with over regulation state by state and the inconsistencies in Canada, and with the FTC. We are allowing bad policies to dictate loopholes and never leveling the playing field, which shouldn’t have been titled in the first place. How can every one not see what is so obvious. The business brokers are using extortion to get franchisors to sign up, because they can play by different rules. It would be like playing a chess match when the opponent has two queens, Yes if you are smart you can beat them, but not often. No one knows how to deal with this problem I have stated. But I do.

Dust the over burdensome regulation and you will not find everyone trying to go around them. We are not helping consumers we are killing franchise systems and killing the franchisees (also consumer) and franchisors already out there trying to build back the job base, which is just over 2/3 of all people employed are employed by small businesses. You know the franchising model is a perfect way to build efficiency into the small businesses of the future so that they can compete with global products produced for less money and with big box stores supplying consumers with everything but giving little back to help the communities (in most cases). I hope this commentary was thought provoking, if you have any questions about it, go find out for yourself. I have had much experience with this and I know what is going on.

Surely, someone in the government regulatory area has a clue? Well, maybe not so surely, but maybe one? I bet nothing ever happens over this issue. So you consumers should stay heads up and if you call a business broker because they say they represent a franchise system, you may want to call that franchise system directly if the broker starts trying to coax you into a non-franchise business, especially one which has had more than one owner over the years. Franchising works and there is a reason, it will continue to work as long as it is not killed like so many other industries in America. Look at the devastation out there being caused by horrible policy by the frivolous lawsuits by government regulatory bodies.

To find out which business brokers are the most ethical and which business brokers the top franchises use go to; [http://www.Franchising.org].

7 Benefits of American Business Brokers

Nobody has to tell you that these are pretty volatile economic times and if you’re contemplating buying or selling a business you are going to be facing some serious challenges. American business brokers have been doing a brisk business over the past two years thanks to a banking collapse and a stock market that no longer appears to be a prudent place to invest. Some businesses have to sell and others have cash that they can’t profitably invest elsewhere so they invest in growth. Business brokers are the professionals in the middle that make it happen for both the buyer and the seller. Here’s a short list of their services.

1. Preparing a business to sell

If you feel it’s time to sell your business a broker can help you put together the best look and then market your business professionally. When you’re selling you should be focusing on what you do best, running the business and making it as attractive as possible, and not be distracted with all the minutiae involved in selling a business. Leave that to the broker.

2. Valuation service

Arriving at a real market value for a business is obviously important to both a buyer and a seller and a professional broker can provide that service. In a sales transaction, the ultimate value of a business is what a buyer is willing to pay. However there are other times when an owner may want a certified value to satisfy estate planning, marital or partnership issues or when facing litigation. Once again the business broker is the pro you can turn to.

3. Closing

As hard and as complicated as it is to market and then negotiate a price, closing can be even more difficult because more people and organizations are involved. A business broker can handle much of the coordination that is required. He or she will have to deal with two sets of attorneys, accountants, possibly two or more banks, government agencies and vendors. This is a critical step and not the time to start learning by on the job training. Let a broker do it.

4. Exit strategy

The time to think about an exit strategy is before you put your business on the market. Discuss with your broker just what you want to do, retire or move on to another opportunity. This will actually have an impact on the method of payout. Many times you can get a more profitable deal if you agree to manage the business for a short time after the sale. There’s also the question of relationships with clients, vendors and employees. A broker can assist you in a strategy that leaves everybody feeling good.

5. Support services

Many brokers will work in partnership with support services such as legal and accounting. Some even work in conjunction with lending or funding sources as well. As a general rule, it is probably less expensive to contract directly with the services but if you don’t have a relationship with one or more already, then the broker is a good bet.

6. Up to date market intelligence

In a sense, business brokers work much like realtors, listing businesses and presenting the relevant facts. Brokers have the latest intelligence on a given industry in a given geographical area which can prove to be invaluable for either a buyer or a seller. And there are other market concerns that they stay current with as well. Perhaps one of the biggest changes for small businesses is in the area of financing a buy. With the banks as tight as they are, it is not uncommon for the seller to provide some or all of the financing.

7. Peace of mind

Buying or selling a business is a complex task and having a broker can assure the buyer or the seller that the transaction was fair, completed legally and save a considerable amount of time. Full time brokers make their living doing this, are professionals and render both the buyer and seller a real service of value.

The first step that a wise buyer or seller makes is to contact a professional business broker.

Business Brokers: Who They Are And What They Do

Since business brokers operate under the radar, many people don’t know who they are and what they do. If you are curious to know, business brokers are intermediaries who work with both buyers and sellers in order to facilitate the sale of small and medium size privately owned businesses.

For you to be a business broker you need to have the right level of education. For example, you must have a business background. You must also have attained business brokerage training from a recognized professional body such as the American Business Brokers Association.

Functions of business brokers

The brokers perform many duties such as:

  • Valuing a business
  • Marketing a business that needs to be sold. While they advertise the business, they maintain strict confidentiality. For example, they don’t mention the exact business that is being sold. They also don’t mention the owner of the business.
  • They introduce prospective buyers to the business
  • Facilitate meetings between buyers and sellers
  • Handle negotiations between the buyer and the seller after an offer has been made
  • Schedule and facilitate the closing of a transaction
  • Draft a confidential business review. The document is very important and is provided to prospects after they have signed a confidentiality agreement.

How brokers work

The professionals usually work with commissions. This means that they get a commission after selling a business. In most of the cases, the commission ranges from 8 to 12%. Most of the brokers charge a 10% commission; however, when the business being sold is small, the commission is usually higher.

How to work with a business broker

The first thing you need to do is to ensure that you hire the right broker. This calls for you to do a lot of research in order to identify a reputable one. Some of the things that you should look for when hiring include: experience, professionalism and specialization.

Once you have found the right professional you should give him/her all the details that he/she needs to work. For example, if you are interested in buying a business, you should give the broker a list of all the types of businesses that you are interested in. You should also mention the amount of money that you are ready to invest.

Conclusion

From the above information, it’s evident that business brokers have a role to play in the buying and selling of businesses. To ensure that you are on the same page with the broker, you should regularly communicate with him/her.

How to Find a Business Broker and Why Referrals Are Best

When it comes to how to find a business broker you have to ask; how do brokers find clients? 7 times out of 10 it was from a referral. Many business owners and budding entrepreneurs aren’t sure where to look for a broker. The first thing you should do is simply ask a broker to refer you to someone with the time, know-how and determination to bring you the best deal.

Refer business right out the door? Is that crazy talk? Why would a business broker refer business that they could take? Small businesses aren’t closing very often these days. When you are working with an experienced broker that builds their business model around the connection of a specialized, well-qualified, pre-screened broker, screened for both expertise and location but also the available time they have to devote to you and your transaction, you get the best brokers to choose from. You are getting to pick from the cherry picked by experienced and knowledgeable broker’s that are motivated to have you in the best hands, those that will deliver you the best results in price and convenience.

Firms willing to refer you to a broker outside of their firm are hard to come by. The referral firm only gets a fraction of the commission received from the broker you work with and only get paid if your broker closes the transaction. How to find a business broker that offers to refer you to the best broker, not just the broker in their firm that is currently available, is completely free to you but an enormous value since you don’t buy or sell a business very often and want it to go smoothly. It’s also worthy to note that if you are a buyer the representation by your broker is typically free to you since the broker usually gets paid by the seller’s broker with a split of the commission fee paid by the seller.

How to find a business broker is simple, simply ask a broker willing to refer you to the best available broker of all brokers. The most important thing you should have when you are buying or selling a business is a team of great professionals. An attorney, an accountant, possibly a tax adviser and most definitely the best business broker so that you get the best price in the quickest time. Speak to the owner of the firm; ask if they refer deals outside the firm. I think you will find few that will.