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The Attorney-in-Fact Lien Clause: How Brokers Are Taking Control of Your Future Assets
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.
Evan Howard
Oct 288 min read


14 Hidden Dangers Lurking in Business Broker NDAs: What Every Buyer Needs to Know
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.
Evan Howard
Oct 2713 min read


Buyer Beware: Do Not Provide Your Financial Information to a Business Broker
Discover why business buyers should never provide personal financial information to brokers without protection. Learn how to safeguard your leverage and privacy during business acquisitions.
Evan Howard
Oct 248 min read


Why Relying on Business Brokers Can Cost You Millions: Broker Misvaluations
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.
Evan Howard
Oct 2314 min read


Business Sellers: Why Hiring an M&A Attorney Beats a Business Broker Every Time
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.
Evan Howard
Oct 2215 min read


How Business Brokers Double Dip on SBA Deals Without Telling You: Legal but Unethical?
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.
Evan Howard
Oct 209 min read


When Business Brokers Go Rogue: A Pattern of Fraud, Theft, and Consumer Harm
Witnessing the aftermath of these failures firsthand through clients who lost their life savings to fraudulent brokers, had their funds stolen by unlicensed practitioners, or suffered massive financial harm through gross incompetence that would have been prevented by basic professional oversight.
Evan Howard
Oct 1513 min read


The Wild West of Business Brokerage: States Where Anyone Can Call Themselves a Business Broker
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?
Evan Howard
Oct 1310 min read


Part IV: How to Negotiate Better Terms in the Florida Business Brokers Contract - If You Must Use It
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.
Evan Howard
Oct 1013 min read


Part III: The Remaining Traps in the Florida Business Brokers Contract - Environmental Disclaimers, Tax Provisions, and Enforcement Barriers
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.
Evan Howard
Oct 912 min read


Part II: Dissecting the Florida Business Brokers Contract - The Buyer Trap Exposed
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.
Evan Howard
Oct 813 min read


The Rise and Fall of Seller-Financed Notes in SBA Transactions
The rise and fall of seller-financed notes in SBA transactions is a story of innovation, flexibility, and, ultimately, regulatory tightening that has dramatically reshaped how small business acquisitions are financed in the United States.
Evan Howard
May 127 min read


Creative Financing in Business Acquisition: A Case Study on Structuring a Win-Win Deal
In the world of business acquisitions, rarely does a deal come together with a one-size-fits-all approach. Buyers and sellers often have different priorities, and traditional financing sometimes falls short of meeting everyone’s needs.
Evan Howard
May 27 min read


Case Study: Creative Financing in a Complex Business Acquisition
In this case study, we’ll walk through the real-world journey of representing a buyer in the acquisition of a business division.
Evan Howard
Apr 307 min read


What Is a Micro Acquisition? An Introduction for Main Street Business Owners
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.
Evan Howard
Apr 287 min read


Understanding Debt Service Coverage Ratio (DSCR) in Business Acquisitions
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?"
Evan Howard
Apr 277 min read


Understanding the SBA’s New Equity Injection Rules: What Borrowers Need to Know About SOP 50 10
Under the updated SOP 50 10, any transaction resulting in a complete change of ownership—such as purchasing a business or acquiring a partner’s stake—requires the borrower to contribute a minimum of 10% of the total project costs as an equity injection. Are there exceptions?
Evan Howard
Apr 244 min read


SBA SOP 50 10 8: A Comprehensive Guide to the Latest SBA Loan Program Rules
The SBA’s Standard Operating Procedures (SOPs) are the backbone of its loan programs, and the release of SOP 50 10 8 marks a significant update for lenders, borrowers, and professionals working with SBA-backed loans.
Evan Howard
Apr 247 min read


Business Broker Commission if Transaction Fails; Carolina Business Brokers V. Strickland
Sunbelt sues for commission of failed transaction and loses; eventually.
Evan Howard
Apr 145 min read


The Role of a Term Life Insurance Policy for SBA 7(a) Loans
The role of a term life insurance policy for SBA 7(a) loans is to provide security for the lending institution
Evan Howard
Mar 233 min read
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