Tom
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- Oct 11, 2009
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As always. Mort's advice is dead on. There can be a significant liability in all of the above, particularly the gift certificates (which never expire) and the freebies, which you should be able to cut off, soon. In principle, any liabilities should be in their books as monies received. They should open this up to you. See if you can hold back a piece of final payment for a year, for their past accounts to make good. Can be in escrow. I sold a business and had $$ held out and I had to carry liability insurance for a few years as well.Congrats!Thanks all! We made our second offer and went for broke at the top end of our budget but still $20K under their asking price and they accepted. Now we’re really scared! Ha ha!
Seriously, now it all comes down to the lawyers and accountants to sort out the financial and contract side of things. We are going to protect ourselves legally but we are hopeful for the best possible outcome.
This is an established and older Inn, so we knew going in that we’d be putting in a lot of sweat equity to bring it to the level we think it can excel.
So... onward and upward!.
Word to the wise from the previously wised up - do not depend on lawyers and accountants to find all the details.
Now is when you have to get all the background you need:
I could go on.
- Are there any liens on the property?
- Do they sell gift certificates? How much money is outstanding?
- Do they take deposits? How much is outstanding?
- Are there donated gift certificates outstanding? (Your lawyer should request they stop donating free nights.)
- Do they have employees? Will they stay on?
- Do they have outstanding unemployment benefits you have to pay back to the state?
- Who owns the domain name and the website?
- How will you tell the repeat guests about the changeover?
- Will you have a training period? How long?
- Do you have a list of everything that conveys with the sale?
- Will they continue to take reservations at full price?
.