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Everything You need to Know About Business Brokers

8/3/2022

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Business Brokers
​
Business
 brokers, also known as business transfer agents or intermediaries, assist from time to time during the transaction process. Typically, they determine the business valuation, list it for sale with or without exposing its identity, conduct the initial bidder interviews, talks, and negotiations, speed up the due diligence study and generally help with the sale of the business.
​

In the majority of the world, using a business broker is not a prerequisite for the sale or conveyance of a business. Using a broker is unnecessary for the US to get a small business loan or SBA loan through a lender. An exceptional escrow attorney, also known as a settlement attorney, who, in practice, is very similar to a real estate closing, ensures that everyone involved is paid whenever a broker is utilized.

Under common law, this establishes an agency connection with fiduciary duties in the majority of US states. Additionally, some jurisdictions have laws that specify the nature of the representation, control it, and set specific criteria for business broker registration.


In the US, licensing requirements for business brokers vary by state. Some jurisdictions require licenses if the broker is paid on commission, while others do not if the broker is paid hourly. State laws differ regarding the recognition of licensees across state lines, particularly for interstate business models like national franchises. Certain states, including California, require either a broker's license or a law license even to advise a business owner on matters of the sale, conditions of sale or introduce a buyer to a seller for a fee.
​

 A 2000 IBBA convention session said that business brokers needed a real estate license for at least 13 states.
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​License Required States
The following states require a license to practice as a business broker:
  • Arizona
  • California
  • Colorado
  • Florida
  • Georgia
  • Idaho
  • Illinois (registration only)
  • Minnesota
  • Nebraska
  • Nevada
  • Oregon (only if real estate transfer is part of the transaction)
  • Wyoming
  • Rhode Island
  • South Dakota
  • Utah
  • Wisconsin
When the question arises about the money a broker make,the answer is,The average yearly salary for a business broker in the US is $134,085 as of July 22, 2022. In case you need a quick pay estimator, that comes out to about $64.46 per hour.

The states that don’t require licensure for the sale of a business generally take the position that the lease is incidental to the sale of the business or that the is not based on the transfer of the lease. Unlicensed business brokers in these states are not supposed to be involved in the lease, even the assignment of it.

The following states are on our watch list even though they do not currently demand a license:
  • Hawaii
  • Kentucky
  • Michigan   
(Michigan recently required a real estate license, but a court case nullified it, and the legislature might feel that they should act and require licensing for the sale of a business.)
For the most part, the states that don't require licensing for the sale of a business take the stance that the lease is incidental to the sale of the firm or that the fee isn't predicated on the transfer of the lease. The states which are not listed as being required for a license are as follows
  • Alabama
  • Alaska
  • Arkansas
  • Connecticut
  • Delaware
  • Hawaii
  • Indiana
  • Lowa
  • Kansas Kentucky
  • Louisiana
  • Maine Maryland
  • Massachusetts
  • Michigan
  • Mississippi  
  • Missouri
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Oklahoma
  • Pennsylvania
  • Ohio
  • South Carolina
  • Tennessee
  • Texas Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
Requirements For having license
According to our knowledge, all states have two basic requirements:
  •  So many hours of educational courses
  •  Passing of an examination to obtain the basic sales license
Many states have an additional requirement of background check.
For the real estate broker's license, You need to have:
  •   Course work
  •   Experience
The passing of another exam


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    Cox Business News staff Writer

    Journalists from around the world writing to give you answers, with  Assitant Editor Dr Muhammad Hassan Fayyaz for articles in June and July 2021
    ​

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    The Editor In Chief of Cox Business News
    is Adam Cox

    PictureAdam Cox has traveled the world, started, owned and sold several businesses including a small multi state retail chain, and attended Harvard Business School and is currently pursuing Business Law studies at Cornell while being Editor in Chief of Cox Business News.

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