Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Don’t Have Steve Ballmer’s Money? How to Avoid Overpaying When Buying a Business

Author: Dan Brecher

Date: June 10, 2014

Key Contacts

Back

Experts largely agree that Steve Ballmer overpaid for the Los Angeles Clippers.

The former Microsoft executive paid a record $2 billion for the franchise. By comparison, the Milwaukee Bucks sold for $550 million earlier this year.

Buying a business
Photo by Joshua Rodriguez on Unsplash

On paper, the Clippers are not worth the high price tag. In fact, Forbes estimated the value of the franchise at $575 million. However, basketball teams do not come up for sale very often, and they have become a popular investment for the super wealthy.

For potential purchasers who cannot afford to overpay, it is imperative to conduct a thorough valuation. In fact, when buying a business, determining a fair price is the first step to negotiating the best deal possible.

Below is a brief summary of two common valuation methods:

Asset Appraisal

Assets to inspect and appraise include inventory, sales and office supplies, and fixtures and equipment. To obtain an accurate assessment, you often need to hire an expert or appraiser. Intangible assets such as intellectual property and goodwill should also be taken into account, as they can greatly influence profitability. IP may include patents, trademarks, trade secrets, and copyrights, while goodwill refers to a company’s ability to generate above-normal profits based on its reputation, location, employees, etc.

Business Financial Review

Prospective purchasers should obtain as many financial documents as possible, including current balance sheet, profit and loss statements, tax returns, audited financial statements (if feasible), and accounts payable and receivable. Publicly available documents such as tax liens and UCC-1 forms can also provide valuable information, such as outstanding business debts and ongoing litigation. Determining the future profitability of a business is far more complex than valuing its assets; however, it generally provides a clearer picture of your return on investment.

Steve Ballmer’s offer was likely intended to blow all of the other bids out of the water. He did not plan to engage in a lengthy negotiation process. However, for most potential business purchasers, there will be time and room for negotiation. Once you have gathered all of the pertinent information and arrived at your valuation, you can use it to negotiate a final purchase price.

That price often includes variables that are structured into the deal to bridge the gap that often appears between what the purchaser is willing to pay and what the seller is willing to accept.  For example, given today’s low interest rates and low returns on bank deposits, purchasers can actually sweeten the deal with time payments that can serve to defer taxes on the profits from the sale, and pay interest rates as low as five percent.  Sellers may also be willing to take back ten or twenty percent of the equity in the business, with a future “put” if that equity at a fixed or variable price, depending on when executed. There are a number of other creative structures available that we have used in arranging for the meeting of the minds necessary to the purchase of a business.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!