Sellers Business Disclosure
Statement
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- Depending on your state, county or country, a disclosure
statement may or may not be required. I recommend it to every
seller. Six months after the sale when you are living in the
Florida Keys fishing and drinking frozen frosty drinks is not
the time you want to learn that the seller did an Environmental
II and the neighbors say you were aware of the spill or the state
sales tax department feels you under-reported sales and is looking
for you... get it out in the open up front so you can enjoy yourself
later. You do not want the sale reversed and handed back
to you. Yes, it CAN happen.
When I represent a seller to sell their business, I ask specific
questions like
- Now, with those three in particular, it depends on state
law whether it needs to be disclosed or not. In some states a
landlord is required to disclose it, leasing agent, real estate
agent or business broker. If it is public record, the buyer will
learn about it sooner or later. If he still owes you money, you
don't want him to learn later...
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- Now, at the closing, I would be sure everyone is given a
signed copy. Buyer, buyer's attorney, buyer's broker, closing
attorney or title company, your broker and your attorney. I would
ask everyone to sign a receipt that they received it. It does
not mean they acknowledge what you disclosed. Keep the receipt
yourself.
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