Business Sale with or without a Real Estate Sale and Licensing Requirements

It is tough to navigate a business sale.

When business brokering, we are responsible for understanding some laws.

Most lawyers, if you ask them, actually do not know the licensure requirements when it comes to brokering of businesses.

It is generally a gray area for many lawyers, and state to state is not always easy to grasp. Many lawyers know their state laws and their specialty and anything outside of their area of expertise and/or state, they may not be able to help you.

The key to understand is there are a few parts to a business sale.

First, is the business itself including the goodwill, assets, etc.

Second, is the real estate.

The business sale may be separate from the real estate.

The brokering of a business comes down to whether the state views it as a sale of a business, IP, assets, etc and what their requirements are. The sale of land / lease assignment if it is associated with it is a separate transaction / earmarked from the business sale which has to be formally transacted that way.

Some states require a business license. Other states don’t.

Any business brokered in the state of Florida, for instance, would require a listing agreement and broker supervision…Even if it’s online. If this is outside of the state, then a broker from that state would need to be involved to facilitate the transaction. If a business is incorporated outside the state, a Florida broker couldn’t be the broker of record.

If you are selling a Florida business, then you need to understand the laws of that state, where you’ll need some sort of brokerage arrangement in that state.

All 50 states require a real estate license. What that means is that if there is any real estate transaction such as a real estate sale or lease assignment as a result of the sale, that needs to be taken care of by a realtor.

We work with realtors all across the country to be part of deals.

As a licensed agent in a state, you can receive referral fees from a realtor only. You can only sell the business so long as it goes through the proper brokerage firm.

This is how we are able to participate in deals. If you are unsure of how a transaction should go down, you should reach out to us.

You keep it all. If you are a broker, Imagine selling a huge business and not being able to receive commissions? This is one of the cool things of working with us. We can help you architect a deal properly.

You want to get these things checked off before the buyer is in line (LOI/due diligence/etc.) so you don’t scramble at closing where you may need a proper broker at that time.

A real quick sanity check for a FL realtor for instance is to call the Florida FREC resource. 407-438-1409

These are FREE lawyers on salary with NAR for our questions.

You may want to run some situations by them.

Please reach out to us if you have any questions relating to acquisitions:

Email – [email protected]

Phone – (800) 773-1523

Simply engage us below to get started whether it comes to bringing you qualified buyers where we list your business for maximal value or engaging us to bring qualified and vetted businesses that match your exact target criteria such as industry and EBITDA multiple if you are buying a business:

Buyer-Side Engagement – Retain Us to Provide you with Qualified and Vetted Businesses that Match Your Target Criteria

Seller-Side Engagement – Retain Us to List Your Business and Bring Legitimate Buyers to the Table

Leader in Acquisitions with Expertise in Representing Sellers & Buyers on Deals

Jarbly is a leader in acquisitions with expertise in helping with listings, negotiations, LOI's, asset purchases, company purchases, and real estate purchases. JARBLY has access to high net worth individuals if you are on the sell-side and businesses that may be of interest to you if you are on the buy-side.

Contact Us

Phone: (800) 773-1523
Email: [email protected]

About Jarbly

JARBLY’s focus is on acquisitions, predominantly businesses with valuable assets and cash flow. As JARBLY has been heavily involved in the digital space including its own ventures for a decade with servicing hundreds of clients around the world, it is very well versed with understanding technical aspects of a deal including value proposition, product offerings, marketing, metrics, ROI, moats, and value-add initiatives. JARBLY has the ability to take advantage of all aspects of a business deal, and is very creative with structure to help bring in partners or plan a strategic exit. JARBLY has helped brands cultivate business related and real estate opportunities that are ripe for acquisition by helping buyers and sellers get what they are seeking from a deal.

Whether it comes to selling your business, acquiring one or forging a partnership opportunity, we understand deals and where the maximal value in a transaction is. Our bread and butter is to provide a win for our clients. We have the unique and uncanny ability to leverage our network and our sources of distribution to go out to the public to position your assets for a maximum sale. We draft and prepare materials such as prospectuses, Confidential Information Memorandums, and high quality Value Proposition Decks which convey a message of value to attract high quality offers in the shortest time possible.

JARBLY looks forward to working with you on your next acquisition, digital exit, partnership, or real estate opportunity including both commercial and high end residential properties with high end service from a qualified team of passionate individuals that help you secure the deal.

We know how to curate high quality listings and attract high net worth individuals interested in your deal.

We know how to generate traction on a listing through means of marketing openly or discretely, and we have thousands of high net worth individuals who we have developed relationships with to draw interest on a daily basis. While many firms focus on creating barriers to sell your business out of fear of wasting time, we have protocols in place to get as many offers as possible to help drive up the valuation and the proceeds. On the flip side, we know how to structure deals creatively for our buyers to help them feel secure.

Please take a look at our process to get a sneak peak into how we help our buyers and sellers maximize the deal.

Business Sale with or without a Real Estate Sale and Licensing Requirements