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
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"
How to Reduce Legal Risk as Your New Jersey Business Grows in 2026 post image

How to Reduce Legal Risk as Your New Jersey Business Grows in 2026

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]

Author: Ken Hollenbeck

Link to post with title - "How to Reduce Legal Risk as Your New Jersey Business Grows in 2026"
Crypto Investor Protection: SEC and CFTC Enforcement Trends post image

Crypto Investor Protection: SEC and CFTC Enforcement Trends

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]

Author: Dan Brecher

Link to post with title - "Crypto Investor Protection: SEC and CFTC Enforcement Trends"
New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters post image

New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters

A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program,  enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]

Author: Michael J. Sheppeard

Link to post with title - "New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters"
A Simple Guide to Industry Roll-Up Acquisitions post image

A Simple Guide to Industry Roll-Up Acquisitions

When done successfully, industry roll-up acquisitions can dramatically grow and strengthen your business. In this post, we break down what an industry roll-up is, why companies pursue it, and what makes it an effective (and sometimes risky) business strategy. What Is an Industry Roll-Up Acquisition? In an industry roll-up acquisition of companies, a buyer acquires multiple companies […]

Author: Dan Brecher

Link to post with title - "A Simple Guide to Industry Roll-Up Acquisitions"

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. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

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