Home » Guides » Legal » Legal Basics » Conducting Business Deal Due Diligence

Tom Nutile

Guide to Conducting Business Deal Due Diligence

Take the proper precautions to be sure a deal is as good as it looks

By Tom Nutile, Principal, TN Communications Group

"Due diligence" means doing your homework about the other party before entering into a business deal. You need to be diligent about investigating the claims made by your potential partner about the market, the service or the product, his finances and more.

When performing due diligence, bear in mind that:

  1. It is a long and arduous process and could take weeks. Make sure your potential partner gives you the time needed to conduct the research.
  2. You're going to have to ask tough questions, and be dogged in seeking out documents about the company or person. Don't be afraid to ask your potential business partner pointed questions, such as whether the company has run afoul of regulators or has been the subject of a criminal investigation.
  3. A team of legal and financial professionals — including lawyers and accountants — should help you perform the due diligence.

Action Steps
The best contacts and resources to help you get it done


Learn from the experts

A number of experts have books that take you through the process step by step.
I recommend: Read Strategies for Successfully Buying or Selling a Business, or Accomplishing Due Diligence Handbook.

Prepare a list of concerns and issues

It helps to have a checklist in hand before beginning to perform due diligence.
I recommend: Check out Sahakian's Due Diligence Checklist, The Complete Due Diligence Checklist and Strategy Guide or BirdsEye.

Use a spreadsheet approach

Diomo offers a spreadsheet and formula to analyze and score businesses components such as products/services, sales, contracts, employee replacement issues, etc.
I recommend: Access TheDiomo Business Assessment™Valuation Spreadsheet.

Hire a due diligence service

Some firms will run a background check, locate assets, verify property value and do additional research using public records to do due diligence for you.
I recommend: KnowX specializes in in this kind of research .

Set up an online data room

Go online to set up a data room, a central secure location where multiple parties (corporate business developers, investment bankers, lawyers, accountants, and consultants) can review information. It can be easier than using paper or e-mailing information.
I recommend: Merrill DataSite offers secure data room services.

Access proprietary databases

The World Wide Web has a host of databases that can help you research a company
I recommend: Hoover's and Moody's Investor Services collect financial information, published articles and research about companies.

Get the Latest Tips and News

Access blogs and forums that discuss common stumbling points and missteps in conducting due diligence
I recommend: Learn the latest news an get advice from those who have been through due diligence at BizOp, LawGuru.com, FreeAdvice, LaborLawTalk.com and Counsel.net.

Tips & Tactics
Helpful advice for making the most of this Guide

  • Start early — begin researching a company the moment you become interested in it.
  • Stipulate the time period for due diligence in your contract with your partner
  • Pick up the phone and call business associates of the other party and ask about the business
  • Talk with your potential partner's competitors.

The official source of Conducting Business Deal Due Diligence is
the Valuation Advisory Consultants page at Business.com

Sell Your Business Fast
Thousands of Buyers Seeking Businesses For Sale. Post Your Ad Today. Sell Your Business Now!
www.BuyBusiness.com
Business Brokers - Internet Companies
Selling $1 million - $50 million internet businesses since 2001. iMerge Advisors is exclusively focused on the internet sector. Contact us now.
Visit Our Website | Free Valuation | Call Us Now | Contact Us Now
www.imergeadvisors.com
Accounting Business for Sale Resources
Find Accounting Business for Sale. Search listings and reviews of retailers, specialists and services in your local area now.
JustClickLocal.com
Restaurant Business for Sale
Search Businesses for Sale. 100s of New Listings Added Every Day.
Find a Franchise | Business for Sale | Sell a Business | Value a Business
www.BizBuySell.com

Recommended Solution Providers

Diomo: Due Diligence Resources
Provides due diligence resources.

Data Site Deal: Due Diligence Services
Offers due diligence services.

AllBusiness: Due Diligence Checklist
Features forms and a checklist for due diligence.

Birds-Eye: Due Diligence Checklist
Provides a 400 point checklist for due diligence.

KnowX: Due Diligence Services
Find information about a business before you buy it.

Best Sites to Learn More

CCH Business Owner's Toolkit: Due Diligence Tips
Get tips for performing due diligence.

Entrepreneur: Due Diligence Basics
Learn the basics of due diligence.

Charles Mills Consulting: Due Diligence Legal Definition
A legal definition of due diligence.

University of Georgia: Real Estate Due Diligence Guidelines
Offers guidelines for real estate due diligence.

BizBuySell: Due Diligence Guide
Has a buyer's guide to due diligence.

Answers: Due Diligence Explanation
Explains due diligence.

Best Blogs and Forums

LawGuru: Business Law Forum
Discuss business due diligence.

FreeAdvice: Starting A Business Forum
Ask questions about business due diligence.

Labor Law Talk: Starting A Business Forum
Discuss business due diligence.

Counsel: Business Law Forum
Get advice on business due diligence.

Due Diligence Law: Blog
Blogs about due diligence law.



FEATURED LISTINGS
Business.com Answers

Ask a Business Question

75 characters maximum

What Works for Legal Basics

Constance Gustke

Contract Management Software and Services

Perform technology audits first. Then identify pay-backs early on.
Almost every business handles contracts, which can create reams of paperwork. Enter contract management software: estimated to be a $20 billion industry. This software can help create, track and control contracts, making sure that you and your suppliers meet contractual obligations. Finding and implementing the right contract management solution requires due diligence, though. As with many software choices these days, the players ... Read more

Free B2B search marketing whitepaper, B2B Search Marketing Strategy Guide: Advice From the Pros.
Download

To advertise on Business.com, click here