Restaurant Sellers vs. Restaurant Buyers-Different Mindsets

Restaurant Sellers vs. Restaurant Buyers have different mindsets when it involves buying or selling a restaurant. When a restaurant owner decides to sell a restaurant, the primary goals are to get the highest sales price, highest net proceeds, remove the lease as a guarantor, and close quickly.

A restaurant buyer’s focus differs slightly from the sellers and is directly focused on the terms, conditions, and stipulations on an Asset Purchase Agreement.

An asset purchase agreement between a buyer and a seller explains the terms and conditions related to purchasing and selling a restaurant‘s assets. The Asset Purchase Agreement will automatically satisfy the restaurant owner’s needs when filled out correctly. The agreement will document the listing price and closing date.

The restaurant buyer needs to confirm that they are comfortable with the conditions and terms of an Asset Purchase Agreement before signing and setting up an escrow account. The escrow deposit is a good faith deposit that can range from $10,000-$50,000. The buyer’s deposit is protected by the stipulations documented in the purchase agreement.

Dallas Restaurant Broker Dominique Maddox says, “restaurant buyers should make sure they have a trained Restaurant Broker prepare an Asset Purchase Agreement on their behalf. A Restaurant Broker knows the stipulations to add that give the buyer’s escrow deposit the most protection.”

EATS Broker has encountered several buyers that have lost their escrow deposit because they had an untrained Restaurant Broker prepare an agreement for them.

A restaurant buyer should make sure to cover the basics of a Purchase Agreement:

  • Due Diligence Period
  • Landlord Approval Stipulation
  • Bank Lending Approval-if lending is needed
  • Escrow Deposit Amount
  • All UCC liens should be removed from Equipment
  • Sales Tax Clearance letter supplied by the seller before the closing date
  • All Equipment should be in working order
  • Franchisor Approval stipulation-if restaurant is a franchise for sale
  • Who pays for the Transfer Fee?
  • Who pays for restaurant remodels if required by franchise?
  • Closing attorney contact information
  • Restaurant Equipment included in the sale
  • Inventory- paid outside of purchase price or included in offer price

For more information on the restaurant market and other available consulting services or restaurant valuations, contact Restaurant Broker Dominique Maddox at 404-993-4448 or by email at [email protected]. Visit our website at