Can I use a form to sell or buy accounts  
August 30, 2018
Can I use a form to sell or buy accounts  
               Do you have a form I can use to sell my alarm business?  
Name withheld
               It’s a terrible idea to sell, or buy, alarm accounts or alarm business on your own.  Some companies have done a lot of deals and think they can now cut and paste from their prior deals.  It’s mistake. It’s certainly true that most deals go fairly smoothly and end well, without disputes after the closing and final payment.  But not all. And even if your transaction does end well, how do you know you haven’t missed anything, something that may end up being important to you?  
               I’ve provided a form for a closing.  But I’ve also advised the client that for “a few dollars more” he could have Clint Eastwood [that would be me in the alarm world] and that it would make a difference.
               Every deal has its own issues and characteristics.  More importantly, without a properly drafted contract you may not even know what the issues are.  You’ve thought about a lot of issues, the ones that are important to you and that you know of.  Obviously you haven’t thought about the issues you don’t know about.  Think the other side has?  Well, how many paragraphs in the draft you were sent were marked Reserved or Omitted?  Something was there?  And even if the draft doesn’t have those tell-tail signs [and by the way, I usually send out my agreements that way so that I don’t have to re-number the “form” that I work from] you won’t know what’s missing and you won’t know what provisions have been flipped to benefit the other party when it could or should have benefited you.
               I’m trying to come up with some witty analogy.  They say a lawyer who acts as his own attorney has a fool for a client.  Can you image what we say about clients who act as their own lawyer?  
               So, sure I’ll provide you with a “form”.  But if you’re going to a gun fight you might want to bring a gun slinger.  OK, that’s bit rough.  Let’s take a survey.  Who has had a deal where no issues came up, during or after the closing?  Who handled their own deal and later regretted it? Ha, who had an attorney and still regretted it?  No names will be circulated, to protect the guilty.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
516 747 6700