Learn why hidden jury trial waivers in broker NDAs violate NC law. Attorney explains why buried jury waivers aren't conspicuous and how to protect constitutional jury rights.

Learn why attorney-in-fact clauses in business broker NDAs are dangerous. NC attorney explains lien rights, power of attorney abuse, and how brokers control your future assets.

Learn about 14 dangerous clauses hidden in business broker NDAs that can cost buyers thousands. NC attorney reveals attorney-in-fact provisions, liability traps, and hidden fees in confidentiality agreements.

Discover how broker misvaluations, invalid add-backs, and conflicts of interest cost sellers and buyers millions, and learn why specialized legal counsel is essential to protect your sale or acquisition.

Selling your business is one of the biggest financial decisions you will make. While business brokers advertise "turnkey" solutions and promise to tap their networks, their 10–15% fee on the sale price can translate into tens, if not hundreds, of thousands of dollars lost.

If you have ever worked with a business broker to sell or buy a company, you may have heard claims of a business being “pre-approved for SBA financing” or the broker telling sellers and buyers they “have a preferred bank that can close faster than others.” What you likely did not hear is that the broker also gets paid by that bank when the loan closes.

Imagine if anyone could hang out a shingle tomorrow and start calling themselves a doctor, lawyer, or financial advisor with zero education, no licensing requirements, no oversight, and no accountability. Sound absurd?

After three comprehensive parts analyzing the Business Brokers of Florida standard Asset Purchase Agreement, Howard Law's position remains unchanged: buyers should refuse to execute this document in any form and instead demand attorney-drafted purchase agreements that actually protect their interests.

The BBF contract represents sophisticated drafting designed to create maximum advantage for brokers and sellers while shifting maximum risk to buyers who will bear the greatest financial exposure in these transactions.

The BBF Asset Purchase Contract represents a masterclass in one-sided contract drafting designed to protect everyone except the buyers who will bear the greatest financial risk in these transactions.

Purchasing a business in North Carolina can be a lucrative and exciting opportunity, but it also comes with a web of legal, financial, and operational risks. One of the most significant, and overlooked, risks is that of successor employer liability. This risk is particularly relevant when the seller has engaged in employee misclassification, treating workers as independent contractors (1099) when the law requires them to be classified as employees (W-2).

Tag along rights are crucial contractual protections designed to safeguard minority shareholders in private companies. These rights ensure that if majority shareholders decide to sell their stake, minority holders can “tag along” and sell their shares on the same terms and conditions.

When businesses change hands, the structure of the acquisition has profound tax consequences for both buyer and seller. From the buyer’s perspective, the choice between an asset purchase and a stock purchase is not merely a technical distinction-it can dramatically affect the after-tax value of the deal.

Valuing a small business is a nuanced process that blends financial analysis with market insight and an understanding of the unique characteristics of each company.

In this case study, we’ll walk through the real-world journey of representing a buyer in the acquisition of a business division.

You may have heard the term micro acquisition thrown around in business circles, especially as more Main Street business owners look for practical, profitable ways to exit or expand.

The DSCR is a measure of the cash flow a business generates relative to its debt payments. In simple terms, it answers the question: "Does this business generate enough income to comfortably pay its debts?"

ddbacks are adjustments made to a business’s earnings—typically EBITDA (Earnings Before Interest, Taxes, Depreciation, and Amortization)—to account for discretionary, non-recurring, or non-operational expenses.