A Guide To Navigating The Risks Of Selling Your Business

by | Nov 29, 2023 | Business, Contracts, Law

The decision to sell your business is a significant one, often marking the culmination of years of hard work, dedication, and sacrifice. While the prospect of reaping the rewards of your entrepreneurial journey is undoubtedly enticing, the process of selling a business is not without its challenges and potential pitfalls. To ensure a smooth and successful transition, it is crucial to carefully consider and proactively address the various risks associated with selling your business. In this article, we will delve into the key risks associated with selling a business and explore strategies to mitigate them.

1. What is being Sold? Company, Business Goodwill or Assets

Uncertainty and confusion happens when you don’t know what is being sold. Is it the company, which owns the business is being sold? Is it the business tradename and goodwill; or are only the assets of the business? Certainty of this should be the 1st thing to consider as the legal, financial, risks and operational implications differ depending on what is being sold.

2. Undervaluation: Recognizing the True Worth of Your Business

One of the most common risks in selling a business is the risk of undervaluation. This occurs when the sale price of the business is significantly lower than its true value, leaving the seller with less than they deserve. To avoid undervaluation, it is essential to obtain a professional business valuation from a qualified appraiser. This valuation will provide an objective assessment of your business’s worth, taking into account factors such as financial performance, market conditions, and intangible assets.

3. Confusing Legal Maze: Seeking Expert Guidance

The legal aspects of selling a business can be complex and intricate, involving contracts, tax implications, and intellectual property rights. Navigating this legal maze without expert guidance can lead to costly mistakes and unforeseen consequences. Engaging an experienced commercial lawyer is crucial to ensure that the sale is conducted in compliance with all applicable laws and regulations, protecting your interests throughout the process.

4. Confidentiality Breaches: Protecting Sensitive Information

In the process of selling your business, you may be sharing sensitive financial and business information with potential buyers. Maintaining confidentiality is paramount to protect your trade secrets, customer lists, and other proprietary information from falling into the wrong hands. Implement strict confidentiality measures, such as non-disclosure agreements (NDAs), to safeguard your valuable assets.

5. Managing Liabilities

Be careful in managing liabilities such utilities (electricity, water, sewerage etc), internet provider, credit card terminals, debts with suppliers etc. As the seller, there must be a clear cut-off point where you are liable for the liabilities and a clear date where the buyer “takes-over” the liabilities.

You should also ensure the necessary name change to the liabilities are done as soon as practicably possible or within a certain dateline.

6. Emotional Rollercoaster: Managing Expectations and Staying Grounded

The emotional toll of selling your business can be significant. You are not just selling a business; you are parting ways with an entity that you have poured your heart and soul into. It is important to manage your expectations and remain grounded throughout the process. Seek emotional support from trusted advisors or family members, and don’t hesitate to seek professional help if needed.

7. Post-Sale Disputes: Establishing Clear Agreements

Even after the sale is finalized, there is a risk of post-sale disputes arising from disagreements over the terms of the sale or unforeseen issues that may emerge. To minimize this risk, ensure that all aspects of the sale are clearly documented in a comprehensive sales agreement. This agreement should address issues such as payment terms, warranties, and dispute resolution procedures.

8. Untrustworthy Buyers: Choosing Reputable Partners

Selecting the right buyer is crucial to ensure a smooth and successful sale. Conduct thorough due diligence on potential buyers, evaluating their financial capabilities, business reputation, and alignment with your company’s values. Seek recommendations from trusted industry peers and consider engaging a professional business broker to help you identify and vet potential buyers.

9. Insufficient Preparation: Planning for Success

Adequate preparation is essential for a successful business sale. Start early by organizing your financial records, preparing marketing materials, business contracts and assembling a team of advisors. Develop a clear timeline and strategy for the sale process, and proactively address any potential issues that may arise.



Successfully selling a business requires a strategic and well-executed approach that addresses the myriad risks involved. Thorough preparation, professional guidance, and transparent communication are key components of a successful business sale. By identifying and mitigating these risks, entrepreneurs can maximize the value of their business and ensure a smoother transition for all parties involved.

NIK ERMAN NIK ROSELI Commercial Lawyer

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