10% commission?

Clair de Lune

Banned
Sep 24, 2008
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My parents are selling their restaurant and they faxed me the sales agreement for review. I'm reading it but since I have absolutely zero prior experience in the industry, I simply don't know what the norm is and everything sounds fishy.

Could you please help and advise?

1. The agent's commission is a whopping 10% of the selling price. This is pretty much ridiculous right? Can you tell me what the norm is for restaurant agent commissions?

2. Is there a good online place to advertise our restaurant for sale (kind of like isoldmyhouse.com for homes)? What's a reputable site for this? Does Craigslist work for this as well?

3. "In the event this agreement is cancelled prior to the expiration date, then the New England Restaurant Brokers will be immediately paid for all substantiated marketing expenses and fees connected therewith. The minimum cancellation fee is $2,500" The duration is 6 months and it's $2,500 just to cancel?

4. Any particular language in the lease I should watch out for? (ie common scams)

Thanks.
 

Capt Caveman

Lifer
Jan 30, 2005
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Did your parents shop around for a sales agent? Did they already sign a contract with this one?
 

Clair de Lune

Banned
Sep 24, 2008
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Originally posted by: Capt Caveman
Did your parents shop around for a sales agent? Did they already sign a contract with this one?

Not yet, they're holding on until I give them the green light, which is what I'm doing here through ATOT's wisdom. :)
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
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Originally posted by: Clair de Lune
Originally posted by: Capt Caveman
Did your parents shop around for a sales agent? Did they already sign a contract with this one?

Not yet, they're holding on until I give them the green light, which is what I'm doing here through ATOT's wisdom. :)

Your parents are waiting for your green light from your research on ATOT? Jesus Christ...
 

TruePaige

Diamond Member
Oct 22, 2006
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Originally posted by: SacrosanctFiend
Originally posted by: Clair de Lune
Originally posted by: Capt Caveman
Did your parents shop around for a sales agent? Did they already sign a contract with this one?

Not yet, they're holding on until I give them the green light, which is what I'm doing here through ATOT's wisdom. :)

Your parents are waiting for your green light from your research on ATOT? Jesus Christ...

Maybe that is why they are selling the business...:laugh:
 

chronodekar

Senior member
Nov 2, 2008
721
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Originally posted by: Clair de Lune
Originally posted by: Capt Caveman
Did your parents shop around for a sales agent? Did they already sign a contract with this one?

Not yet, they're holding on until I give them the green light, which is what I'm doing here through ATOT's wisdom. :)

I'm not sure how good my input is here, but in my country when we have an agent who helps people find rented houses, the usual commission is 10% as well. (of the first months rent).

I think 10% seems to be the usual commission anywhere.
 
Oct 19, 2000
17,860
4
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Originally posted by: SacrosanctFiend
Originally posted by: Clair de Lune
Originally posted by: Capt Caveman
Did your parents shop around for a sales agent? Did they already sign a contract with this one?

Not yet, they're holding on until I give them the green light, which is what I'm doing here through ATOT's wisdom. :)

Your parents are waiting for your green light from your research on ATOT? Jesus Christ...

Shut. Up.

Contrary to popular belief, a great mix of people from various backgrounds and professions do surf the internet, and subsequently, this forum. If a reputable source here can give him the info he needs, then that's just as good as searching google for an hour (although I highly recommend the OP do both).
 

TruePaige

Diamond Member
Oct 22, 2006
9,874
2
0
Originally posted by: peritusONE
Originally posted by: SacrosanctFiend
Originally posted by: Clair de Lune
Originally posted by: Capt Caveman
Did your parents shop around for a sales agent? Did they already sign a contract with this one?

Not yet, they're holding on until I give them the green light, which is what I'm doing here through ATOT's wisdom. :)

Your parents are waiting for your green light from your research on ATOT? Jesus Christ...

Shut. Up.

Contrary to popular belief, a great mix of people from various backgrounds and professions do surf the internet, and subsequently, this forum. If a reputable source here can give him the info he needs, then that's just as good as searching google for an hour (although I highly recommend the OP do both).

What? Inconceivable! ;)

Seriously though, if I were a business owner and selling a business I'd have met with a lawyer to draw up contracts (or if you are a do it yourself / let the agent do it type, just to review) and asked them. A few hundred dollars for lawyer fees should be a drop in the bucket.
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
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Originally posted by: peritusONE
Originally posted by: SacrosanctFiend
Originally posted by: Clair de Lune
Originally posted by: Capt Caveman
Did your parents shop around for a sales agent? Did they already sign a contract with this one?

Not yet, they're holding on until I give them the green light, which is what I'm doing here through ATOT's wisdom. :)

Your parents are waiting for your green light from your research on ATOT? Jesus Christ...

Shut. Up.

Contrary to popular belief, a great mix of people from various backgrounds and professions do surf the internet, and subsequently, this forum. If a reputable source here can give him the info he needs, then that's just as good as searching google for an hour (although I highly recommend the OP do both).

Lighten. Up.

Contrary to popular belief, a great number of people who can understand a lighthearted joke instead of being uptight assholes, do surf the internet, and subsequently, this forum.

Remove. Head. From. Ass. Kusoatama.
 
Oct 19, 2000
17,860
4
81
Originally posted by: TruePaige
Originally posted by: peritusONE
Originally posted by: SacrosanctFiend
Originally posted by: Clair de Lune
Originally posted by: Capt Caveman
Did your parents shop around for a sales agent? Did they already sign a contract with this one?

Not yet, they're holding on until I give them the green light, which is what I'm doing here through ATOT's wisdom. :)

Your parents are waiting for your green light from your research on ATOT? Jesus Christ...

Shut. Up.

Contrary to popular belief, a great mix of people from various backgrounds and professions do surf the internet, and subsequently, this forum. If a reputable source here can give him the info he needs, then that's just as good as searching google for an hour (although I highly recommend the OP do both).

What? Inconceivable! ;)

Seriously though, if I were a business owner and selling a business I'd have met with a lawyer to draw up contracts (or if you are a do it yourself / let the agent do it type, just to review) and asked them. A few hundred dollars for lawyer fees should be a drop in the bucket.

Agreed, but that's beside the point I was trying to make. :)
 

Perknose

Forum Director & Omnipotent Overlord
Forum Director
Oct 9, 1999
46,884
10,697
147
Originally posted by: Naustica
10% is normal.

But highly, highly negotiable. Don't let your 'rents sign that or agree to that 6 mo/$2,500 codicil. Bargain. In such situations, everything is negotiable.
 
Oct 19, 2000
17,860
4
81
Originally posted by: SacrosanctFiend
Originally posted by: peritusONE
Originally posted by: SacrosanctFiend
Originally posted by: Clair de Lune
Originally posted by: Capt Caveman
Did your parents shop around for a sales agent? Did they already sign a contract with this one?

Not yet, they're holding on until I give them the green light, which is what I'm doing here through ATOT's wisdom. :)

Your parents are waiting for your green light from your research on ATOT? Jesus Christ...

Shut. Up.

Contrary to popular belief, a great mix of people from various backgrounds and professions do surf the internet, and subsequently, this forum. If a reputable source here can give him the info he needs, then that's just as good as searching google for an hour (although I highly recommend the OP do both).

Lighten. Up.

Contrary to popular belief, a great number of people who can understand a lighthearted joke instead of being uptight assholes, do surf the internet, and subsequently, this forum.

Remove. Head. From. Ass. Kusoatama.

Yep, you end all your jokes with "Jesus Christ..." The only thing missing from your post was the rolly eyes emoticon. If it was honestly intended as a light jab or a joke (which I seriously doubt), then you should really work on your delivery.
 

Clair de Lune

Banned
Sep 24, 2008
762
1
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Jesus, the wrath of internet flaming strikes. Take it easy guys. :rubs temples; Within 15 posts ppl are already flaming each other? ugh.

Anyways, on top of standard research, I'm trying to get a FEEL of the norm by asking many people, which forums serve best.

What good is having a lawyer to draft if I don't know what the norm is? Thanks others for your help.
 
Oct 19, 2000
17,860
4
81
Originally posted by: Clair de Lune
Jesus, the wrath of internet flaming strikes.

On top of standard research, I'm trying to get a FEEL of the norm by asking many people, which forums serve best.

What good is having a lawyer to draft if I don't know what the norm is? Thanks others for your help.

If you can find a lawyer that specializes in this field, he/she should be well versed on what you should expect.
 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
0
0
Originally posted by: peritusONE
Yep, you end all your jokes with "Jesus Christ..." The only thing missing from your post was the rolly eyes emoticon. If it was honestly intended as a light jab or a joke (which I seriously doubt), then you should really work on your delivery.

Hrm...other people got it. Maybe if I had included the "rolly eyes emoticon" it would have been a bit more serious.

Again, lighten up. Not everything posted on the internet is serious business. However, my assertion that you are, indeed, a ?????, is serious.
 

Capt Caveman

Lifer
Jan 30, 2005
34,543
651
126
Originally posted by: Clair de Lune
Jesus, the wrath of internet flaming strikes. Take it easy guys. :rubs temples; Within 15 posts ppl are already flaming each other? ugh.

Anyways, on top of standard research, I'm trying to get a FEEL of the norm by asking many people, which forums serve best.

What good is having a lawyer to draft if I don't know what the norm is? Thanks others for your help.

Since you have no clue what you're doing, don't you think you should find yourself a lawyer with commercial(restaurant) experience?
 
Oct 19, 2000
17,860
4
81
Originally posted by: SacrosanctFiend
Originally posted by: peritusONE
Yep, you end all your jokes with "Jesus Christ..." The only thing missing from your post was the rolly eyes emoticon. If it was honestly intended as a light jab or a joke (which I seriously doubt), then you should really work on your delivery.

Hrm...other people got it. Maybe if I had included the "rolly eyes emoticon" it would have been a bit more serious.

Again, lighten up. Not everything posted on the internet is serious business. However, my assertion that you are, indeed, a ?????, is serious.

Other people? As in one user who spends the majority of his day trying to catch new posts so he can timewarp them? OK.....

I'm done highjacking the thread, sorry OP. Continue on, hopefully others will actually help you with your question unlike SacrosanctFiend and myself.
 

MagnusTheBrewer

IN MEMORIAM
Jun 19, 2004
24,122
1,594
126
10% is the norm. The broker gets nothing including not being paid for marketing costs if the restaurant doesn't sell in 6 months. The market is highly localized though and I have no idea of the type, location and, revenue stream for your parents restaurant. If the restaurant is a going concern, it is likely that it will sell within 6 months. If the restaurant is simply closed before being sold, your parents will lose a great deal of money as they will no longer be selling a business but, merely a building and equipment.
 

TruePaige

Diamond Member
Oct 22, 2006
9,874
2
0
Originally posted by: peritusONE
Originally posted by: SacrosanctFiend
Originally posted by: peritusONE
Yep, you end all your jokes with "Jesus Christ..." The only thing missing from your post was the rolly eyes emoticon. If it was honestly intended as a light jab or a joke (which I seriously doubt), then you should really work on your delivery.

Hrm...other people got it. Maybe if I had included the "rolly eyes emoticon" it would have been a bit more serious.

Again, lighten up. Not everything posted on the internet is serious business. However, my assertion that you are, indeed, a ?????, is serious.

Other people? As in one user who spends the majority of his day trying to catch new posts so he can timewarp them? OK.....

I'm done highjacking the thread, sorry OP. Continue on, hopefully others will actually help you with your question unlike SacrosanctFiend and myself.

Hey that's cold! I was nice to you.

Don't be a jerk to me. ;)
 

TruePaige

Diamond Member
Oct 22, 2006
9,874
2
0
Originally posted by: SacrosanctFiend
Originally posted by: peritusONE
Yep, you end all your jokes with "Jesus Christ..." The only thing missing from your post was the rolly eyes emoticon. If it was honestly intended as a light jab or a joke (which I seriously doubt), then you should really work on your delivery.

Hrm...other people got it. Maybe if I had included the "rolly eyes emoticon" it would have been a bit more serious.

Again, lighten up. Not everything posted on the internet is serious business. However, my assertion that you are, indeed, a ?????, is serious.

But yeah..I did get what you were going for kind of like a "If you are here you've already failed" type joke. I thought it was funny. =p
 

Clair de Lune

Banned
Sep 24, 2008
762
1
0
Originally posted by: MagnusTheBrewer
10% is the norm. The broker gets nothing including not being paid for marketing costs if the restaurant doesn't sell in 6 months. The market is highly localized though and I have no idea of the type, location and, revenue stream for your parents restaurant. If the restaurant is a going concern, it is likely that it will sell within 6 months. If the restaurant is simply closed before being sold, your parents will lose a great deal of money as they will no longer be selling a business but, merely a building and equipment.

Took 40 posts of dumbassery like CaptCavemen to get to a simple answer like this. Thanks.