Is selling a business with owner financing and collateral worth the trouble it may bring?

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Is selling a business with owner financing and collateral worth the trouble it may bring?

I’m getting ready to list my company for sale. Not sure if I want to offer owner financing with collateral as an option. Originally planned on selling owner will not finance. It’s just a small lawn service. Also, I’m wondering what kind of cost would be involved and drawing that up if that is an option I decide on?

Asked on October 12, 2019 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, it's not worth it. If the buyer doesn't pay, you'd have to sue him for the money--but collecting can be difficult if he hides his assets or is insolvent--or to get the business back-- but if he ruined the business while he ran it, it won't be worth anything--or to get the collateral--but if he in the meantime sold, hid, damaged, etc. the collateral, or there is some other lien (e.g. a UCC lien) on it, you won't effectively get the value of the collateral. In short, there are two many ways for it go wrong, leaving you holding the bag.


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