Seller Financing on $60k for a small business/restaurant transfer

Seller Financing on $60k for a small business/restaurant transfer

Laguna Niguel, CA · Member since 2017 · 125 posts · 7 votes

Hey all,

My in-laws are in the process of selling their restaurant and have already signed a purchase agreement with the buyer and are in escrow. They agreed to the buyer's terms that she would put $120k down and seller finance the remaining $60k. They haven't written the promissory note for the seller finance piece yet but in the purchase agreement the broker set the interest to 5.4%. The buyer *just* came back requesting that the interest rate be lowered to 5% and started talking about how the Treasury rate went down yada yada yada... 

My wife and I know very little about selling/buying businesses and my in-laws are the kind who blindly sign contracts so we're just trying to look out for them. 

I did some Googling and read that how interest for a private loan *should* be determined is to first find the Usury Law limit, which in my case (CA) is 10% so you know not to exceed that. Then look at the current prime interest rates (which I think I saw was 5.5% as of 12/20) and to get quotes from local banks for commercial loans for additional comparison. Assuming this is the accurate way to do so, the interest on this private loan should actually be no less than 5.5% - is that correct? Am I missing something? I realize this is a commercial or small business specific transaction so it likely differs from real estate, and so I might not be factoring something in. 

In any case, we have advised my father-in-law not to cave into her requests as it would also mean more paperwork for the broker and potentially drawing things out even longer. 

Any feedback would be appreciated though, so we have something tangible to stand-on as far as explaining why she has no grounds for asking for a lower interest rate (especially after signing the purchase agreement earlier on)

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Martin NealPro Member
Rental Property Investor · Chicago, IL · Member since 2017 · 293 posts · 383 votes
7y

@Jeremy Lee I agree with @Daulton H. Keep in mind, you’re doing the buyer a favor and you set the price on the value of your money. If they don’t like it, go get traditional financing then.

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  • Rental Property Investor · SC · Member since 2017 · 37 posts · 35 votes
    7y

    Jeremy,

    I think you are on the right track.  While I have never given or taken seller finance I have talked over a few with potential sellers. At the end of the day your in laws are privately funding this deal.  If the buyer wants a wake up have them look for private or hard money and compare those interest rates.  I feel the rate at 5.4 is pretty good and they should be happy to get it.  On the flip side, no harm in the buyer trying to negotiate (I would).  Good luck.

  • Martin NealPro Member
    Rental Property Investor · Chicago, IL · Member since 2017 · 293 posts · 383 votes
    7y

    @Jeremy Lee I agree with @Daulton H. Keep in mind, you’re doing the buyer a favor and you set the price on the value of your money. If they don’t like it, go get traditional financing then.

  • Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
    7y

    We have done a few commercial hard money loans & they always come back wanting a lower rate, sometimes at the close???. 

    We hold.

    One borrower who argued for a 1% drop (that we did not give in to), has since paid a 5% late fee just about every month for the last 4 years on a 10 year loan. In fact we have several commercial mortgages that collect 5% late fees on a consistent basis because they simply don't have the foresight to direct deposit on-time. 

  • Commercial Real Estate Broker · Sacramento, CA · Member since 2015 · 102 posts · 50 votes
    7y

    Jeremy, 5.4% is cheap money on taking paper back on the sale of a restaurant.  Assuming the restaurant’s assets are the only collateral??  The restaurant business is considered high risk and most operators rarely see a profit.  It’s worse than trying to flip homes in a down market.  I am going to guess that your in-laws are using a residential broker??  It is not unusual to see 7~9% interest on seller carry and the buyer’s house as collateral.  High chance the loan doesn’t get paid back.  Remember too,  if the buyer quits paying on that note, your in-laws will have to re-possess the assets and take over the restaurant.   And the landlord will have something to say about that since there is a lease involved.  Also, just a FYI, I sell restaurants and banks rarely will do a loan on the sale of a restaurant.  Food for thought...

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