Bankruptcy, incapacity, and death of a property owner will typically call for a buy out in a business. One of the first considerations has to do with the valuation of the share that should be sold or bought at this point in time. The market is constantly fluctuating, meaning that the shares could vary in value. If you’re writing up a buy/sell agreement for your company, valuation should be listed clearly to make things easier for involved stakeholders in the future.
Since it is hard to tell when the exact terms of such an agreement would come into play, it’s a good idea to name the formula through which this valuation will be arrived at rather than naming a particular dollar amount that could change in the future. There are several different ways to value a property, so it’s a good idea to think about all of the different choices available to you and decide on one at the beginning.
When it comes to real estate, name an independent appraiser who identifies the fair market value of the share that is to be sold. The parties should also agree to respect the future determination of that appraiser.
A buy/sell agreement as part of your estate plan is also ideal if you have a partner and both of you agree not to sell the property. You can put terms into the buyout provision of your buy/sell agreement that are unfavorable to the selling partner. When sitting down with a California estate planning lawyer to discuss the payment terms in your buy/sell agreement, think carefully about the schedule of how the funds will come in for the sale of the business.
The property value itself might be substantial and there is a strong chance that the person who is purchasing in the future won’t have the money outright. The buy/sell agreement can name how much money is due at the outset and how many provisions for installments will be used-let your Pasadena business estate lawyers help.
