September–October 2026

Good morning! 

We have been through many issues of this newsletter together, you and I. I have shared legal tips (sometimes more than once, if they needed emphasis) and fun things to do with your free time (yes, even lawyers get free time now and again). And, of course, my favorite reads which, judging by the post-newsletter email comments, seem to attract a lot more attention than my legal tips!

But, all good things must come to an end and 22 years seems long enough to scribble and publish. Although every single word you have read is mine, AI is beginning to make storytellers like me redundant. So, rather than switch to AI to keep writing, I have decided to bring the curtain down on my career as an authentic writer.

Don’t worry, I am not disappearing from the legal stage — I will continue to fight the good fight for my clients. But I am stepping off the writing stage with this newsletter as my last one.

One last legal tip… one last book review… and I bid you, my loyal readers, a fond farewell.

Marijo McCarthy, Esq.

Pr esident, Widett and McCarthy, P.C.

M&A attorney helping small business owners sell a business

Before You Sign the Offer to Sell Your Business, Consider This

Financial Matters

You know how much the buyer has agreed to pay for your business. But have you considered the structure of the financing?

It is rare that a small business sale is done without some owner assistance in the form of seller financing. What does that look like? How is it secured? Are you getting the personal guaranty of the buyer? Have you seen a personal financial statement of the buyer? 

Your advisors will help you tailor the financing piece so your post-closing interests are protected, IF you give them the chance to do so. If you agree to act as lender, be sure the proposed Offer allows you to get comfortable with the buyer’s ability to repay the loan.

Due Diligence Inspections

What will the buyer need to review (beyond the preliminary financial due diligence) in order to proceed to closing?

Have both parties agreed on the scope and timing of due diligence? Are you prepared to turn over documents which substantiate the sale price for your business as soon as the Offer is signed? Have you marked all those documents “confidential,” so it is clear they are being delivered under the protection of the non-disclosure agreement signed by the buyer before all the discussions began? Have you reviewed the scope of due diligence in advance with your advisors? 

And don’t overlook your own due diligence on the buyer, if you are agreeing to act as lender. At a minimum, does the Offer include your right to ask for relevant financial due diligence from the buyer?

Those Pesky Little Dates

Buyers and sellers are more optimistic than their lawyers, CPAs, and bankers about the time it takes to close the sale. 

Before you sign off on those optimistic dates (due diligence deadlines; financing contingency; realistic closing date; etc.), make sure you have consulted with the professionals who will help you get the deal closed!

Books We Like

If you are a fan of John Grisham , you will be pleased to know he has a new book just out … The Law Student … and he labels it the second of two books. (Given the intriguing quality of the character, I am hoping this is just the beginning of a series!)

It is the first book - The Law Student - that I recomme nd you read right now; it lays the foundation for the second. The Law Student is a short story prequel to The French Illusion and, although I usually don’t choose short stories, this is one worth reading. And, it is only 24 pages and a $.99 Kindle bargain!

It centers on expectations … the ones that others have for us … the ones that we have for ourselves. Let me not spoil it for you … enjoy it for yourself.

Widett and McCarthy concentrates in advising small business owners in the areas of contracts and small business purchase and sales. 

Whether reviewing a contract for services with a customer, negotiating a lease with a landlord, or finalizing financing documents with a lender, we make sure our clients' best interests are protected.

For those clients who are either acquiring a business or are ready to pass the torch and reap the benefits of their hard work and investment, advising on those all-important Offers and Purchase and Sales Agreements when the time is right is paramount. We work closely with them to ensure the best possible outcome.

The information you obtain at this site is not,

nor is it intended to be, legal advice.

You should consult an attorney for individual advice

regarding your own situation.

Copyright © 2026 Widett and McCarthy, P.C.

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