What is due diligence when buying a business?

Due diligence is the investigation period after signing a Letter of Intent (LOI) where the buyer verifies everything the seller has represented about the business. It typically covers financials (tax returns, P&Ls, QoE report), legal (contracts, leases, litigation), operations (employees, customers, vendors), and regulatory compliance. Due diligence usually takes 60–90 days.

Due diligence is the most critical phase of any business acquisition. It's your opportunity to verify that what you're buying matches what was represented. Here's what a thorough DD process covers:

Financial Due Diligence: - 3 years of federal tax returns (personal and business) - Monthly P&L statements for the trailing 24 months - Balance sheets and accounts receivable/payable aging - Quality of Earnings (QoE) report from independent CPA - Revenue concentration analysis (customer and product) - Working capital normalization - Cash flow trend analysis - Debt and liability verification

Legal Due Diligence: - All customer and vendor contracts - Lease agreements and assignment terms - Employee agreements (non-competes, IP assignments) - Pending or threatened litigation - Intellectual property (trademarks, patents, trade secrets) - Regulatory licenses and permits - Insurance policies and claims history - Environmental compliance (if applicable)

Operational Due Diligence: - Employee roster, compensation, tenure, and key-person risk - Customer retention rates and churn analysis - Vendor relationships and concentration - Technology stack and systems - Standard operating procedures (or lack thereof) - Facility condition and equipment age/maintenance

What to watch for (red flags): - Revenue declining for 2+ consecutive quarters - Key customer >25% of revenue - Owner handles all sales/customer relationships personally - Pending lawsuits or regulatory actions - Deferred maintenance on critical equipment - Key employees threatening to leave - Large discrepancies between tax returns and internal P&Ls - Seller resistance to providing requested documents

The QoE Report: A Quality of Earnings report is the most important DD deliverable. An independent CPA firm analyzes the business's financials and produces an adjusted EBITDA/SDE figure. This is what your lender will use for financing. Cost: $15K–$40K. Worth every penny.

Key Takeaways

  • Due diligence covers financials, legal, operations, and regulatory compliance
  • A Quality of Earnings (QoE) report is the most important DD deliverable
  • Standard DD period is 60–90 days under LOI exclusivity
  • Red flags: declining revenue, customer concentration, owner dependency, pending litigation

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