Get Counteroffers in Writing

by a searcher

3 years ago

More important than your LOI, the seller's counteroffer puts you in the driver's seat for the first time in the entire search process. Their counteroffer is the moment when the seller takes their first real step towards you. Make sure to thank the seller and then emphasize the importance of receiving their counter in written form. 

Blame it on your attorney, but get that counter in writing.

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4 comments

searcher from Mercer University

Great advice here. Received my first seller counter in writing today. Exciting new milestone in my search. Hoping to be formally under LOI on a $1.2M SDE deal by end of next week.

3 months ago | like reply | 0 likes

intermediary from The University of Chicago - Booth School of Business

I am an M&A Intermediary for 35 years. We never had seller counter in writing. There are so many things besides a $ price to be negotiated before an LOI is signed. A buyer who insists on a written buyer, risks developing a positive chemistry with seller. That is very important as one goes forward beyond LOI into due diligence and purchase agreement. I understand buyer does not want to waste time and money with verbal counters from sellers. However, this is usually not the case if there is an intermediary.

3 years ago | like reply | 1 like

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