Legal Question in Business Law in California
Determining the value of a business
A friend and I own a general partners business. He surprised me by asking to buy me out of the business. His offer price to buy me out seemed insulting. He offered to pay me back my initial investment, plus a small amount for the time I put into it. I have not made a decision as to what I am going to do, in fact I may even offer to buy him out, but I need to know what the value of the business is. Is ther a process for determining the book value of the business plus the potential earnings of the business?
3 Answers from Attorneys
Re: Determining the value of a business
There is no magic formula for determining the value
of a business. Unlike real property and cars, there
is not a recognized database of sales of similar
businesses to which one can look for comparable
transactions. Each business, especially, each small
business, is unique. You could hire an appraiser
to value the business. The appraiser would attempt
to estimate future profits, and then determine
the present value (see my web site, www.richmondlaw.com,
for an article on present value)
of those future profits, which would
be the value of the business. However, estimating
the future profits is very difficult, and the
uncertainty, itself, reduces the value of those future
profits. In fact, if the business is a service
business dependent upon its owners for success, then
it might have no value apart from those owners, at all.
Essentially, your business is worth what you're
willing to pay for it. Perhaps you and your erstwhile partner
should have an auction. That way the one who
values the business more highly will buy it from the
other one, and the seller will realize his or her
valuation of the business.
Next time, see a lawyer before entering a partnership
to have a partnership agreement drafted that will
deal with these issues before they become a problem.
Re: Determining the value of a business
Without speaking with you regarding your business I cannot even give you an estimate. There is no formula for determing the value of a business. There are many different factors that need to be taken into consideration when evaluating the fair market value of the business. If you would like help determing these factors I can be reached at 877-546-9918. The call and consultation are free. I would need to speak with you before giving any type of sound legal advice.
Sincerely,
John Hayes, Esq.
Re: Determining the value of a business
There is no law covering this, it is not really a legal question. A business is worth whatever you agree on. You might ask a CPA. There are accepted accounting methods used to appraise businesses. Perhaps the two of you might split the cost of an impendent appraiser?
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