A recent business law consultation reminded me to help more business entrepreneurs see the importance of an attorney to the well-being of their businesses. An artist called with questions about how to develop a contract for commission work. She had begun the work on an agreed invoice, but had left so many details off the invoice that she got burned. Her final work took twice as long to complete, after the client added requests to the work, and it was vastly underpriced. Of course, as a matter of honor she kept to the bottom line of the invoice, but wanted to protect herself in the future.
The consultation progressed to how to protect her posters and artwork online and much more. By the end of the conversation, she realized even an artist is in business and needs legal work. An artist must negotiate many of the same things other businesspeople must negotiate. I’m referring to things like leases on workspace, commission to galleries carrying the work, price of private commissions, fees and art shows and more.
What Does A Business Law Firm Do?
A business law firm handles many responsibilities. At The Finman Law Firm, this includes researching cases, negotiating transactions, and drafting contracts such as leases, purchases and employment contracts. We can also aid in drafting codes of conduct, negotiating mergers and more. In general, business attorneys help facilitate the daily conducting of business.
Negotiation is a Skill Not Possessed by All.
Texas is the leading state for business. We lead in GDP, Exports, and job creation. That isn’t a distinction reached unless some of its business know how to negotiate. The thing is, not everyone is skilled at every type of negotiation, including leases, commissions, wholesale prices and terms, and more. If you are a top negotiator, great! Otherwise, bringing in a competent law team like The Finman Law Firm could save you thousands of dollars per negotiation. That's because The Finman Law Firm has both experience and skill at many employees. We are confident we will be worth the investment, so confident that the first call is free.
Business Contracts Protect Good Will as Well as Your Bottom Line.
Business contracts are not off-putting. Contracts put in writing the agreement reached between two or more parties, and once signed, are enforceable by law. When written well, a contract s protect everyone involved in a transaction. A well written contract clearly establishes the understandings and expectations of the parties involved. To be legally binding, a contract must include an offer and acceptance, consideration, mutuality or intention, legality and capacity.
The Finman Law Office Difference
A business law office such as The Finman Law Firm, can help ensure contracts are clearly worded, valid and protects their clients’ interests. We can ensure your employment agreements are compliant and clear. Lease negotiation is a service we regularly perform for our business clients, along with drafting binding leases.
Our services act to not only protect businesspeople on a regular basis, but often protects their families too. We pride ourselves on clearly worded contracts, well written without oversights, that protect our clients, their businesses and homes. If your business is in the greater Houston area, contact us today for information on how we can help you grow your business.
The Finman Law Firm in Houston Texas advises on small business legal requirements with skill, knowledge and experience. This article, however, is not intended to be construed as legal advice. It is for informational purposes only, offering insights and awareness into the complex nature of small business law and invoice debt collection. Speaking with an experienced attorney is an advisable way to make sure your rights are safeguarded. You can contact us here.
You found the business that seems to be a great fit for you. Congratulations! You have taken the first step toward business ownership. We get that you worked to seek, find and mull over your business opportunity. But besides the price there is a lot to consider when negotiating to buy a small business.
Get Represented When Negotiating to Buy a Small Business
Buying a small business isn’t a small matter. Even when you know you want to buy one, there are other deliberations to make. If you have questions about any part of the process, you should protect yourself by consulting an experienced lawyer. Large businesses have their own legal team on staff, but you don’t have to go it alone if you don’t. The Finman Law Firm helps Houston area small and mid-sized businesses on various legal matters every day.
We help in making critical decisions on business purchase, formation and entity choice as well as a multitude of other matters. In fact, the services we provide to small businesses cover the extent of business law requirements. Whether you are considering a business purchase, invoice collections or other, contact The Finman Law Firm for your free consultation.
Contract Negotiation, Drafting And Review
Any time two parties must decide on the terms of an agreement, contract negotiation is in play. It could involve, negotiating to buy a small business, a routine transaction negotiation or anything in between. The other party will employ tactics to come out ahead in all of these. It’s smart business practices to have a representative and strategies of your own ready to use.
Anyone who with access to funds can buy a small business, and they can certainly conduct their own negotiations. Still, anytime one party wants to buy, the other party is likely to use that desire to out-barter them. Having an objective third party negotiate the transaction eliminates emotion-based, unreasonable purchase details.
Breaking Down the Steps of Negotiating to Buy a Small Business
The Finman Law Firm follows a process when negotiating to buy a small business, from negotiation preparation to closing the transaction.
The Importance of Preparation When Negotiating to Buy a Small Business
Preparation includes becoming familiar with the background of the company for sale. Knowing the true value of a business must involve a look at that businesses standing and performance.
Clarifying the Details
We’ll review the seller’s terms and conditions line by line until it is clearly understood by both parties. We’ll then follow up to make sure those terms and conditions are entered into the final agreement. We verify dates of enactment and repercussions for breach of contract. Since the devil is in the details, a lawyer who understands the importance of minutiae can save time, frustration and money.
The Right Amount of Pressure
A good transaction results when both parties are motivated to execute a fair agreement. While high pressure can suspend the transaction, the right amount of pressure can bring all parties to the table for completion. We know the right amount of pressure.
Concessions seems like a bad word to some. However, if negotiations appear to reach a stalemate, the right concessions can push the transaction forward. Ideally, these concessions would benefit the seller, without great cost to you, the buyer. The sell may then offer their own concessions. Once the ice is broken, an agreement can be executed.
The Decision to Close
Even after all the major issue are worked out, the decision to complete the purchase of a small business is yours. Negotiators sometimes create a time limit. They might claim they have a meeting to get to or a plane to catch by a certain time. This is an indication they feel the negotiation time is done. You can either close the transaction with an acceptable offer, or make an unreasonable offer and walk away. Either way, the process of negotiating to buy a small business has run its course.
Please note: The following article is not intended as legal advice, but is solely intended for informational purposes only. To get more information on negotiating to buy a small business and other business law matters, visit our home page at