February 24, 2009 - 6:49:28 PM
John – Long Island, NY
Tim
What options would you suggest when it comes to a partner who is not pulling his weight. We sell and install commercial bathroom stalls. We are the biggest company in the New York metropolitan area and regularly do high profile projects. We are currently doing the new Citi Filed project for the Mets and will soon start the new Giants Stadium. We do about seven hundred projects a year; everything from a small Mom & Pop restaurant to the big jobs. We have been in business for 8-1/2 years and our business is doing well even considering the slowing economy. Anyone who knows our company knows that it has been built on my back. The business is synonymous with my name, not his. Most of our fourteen employees as well as most customers that know us well enough regularly ask what my partner actually does in the business. He even admits that if I were no longer able to fulfill my duties, he would put the key in the door and walk away. He doesn’t want to leave because I am his golden goose. I’m fifty years old and would gladly walk away from the business if a buyer came along. The biggest challenge with that is that without me, the business loses the hub of the wheel. No one would buy the business without me coming with it. I’d love to move to a second amendment friendly state on fifty acres and enjoy the rest of my life with my family. I don’t expect any viable suggestions. Maybe I’m just looking to vent. Wishfully thinking, John- Long Island, NY
John,
Thanks for taking the time to explain your situation. I’m sure that MANY people will learn and benefit simply from reading what has happened to you. Let’s start with the good news. It sounds to me like you own a fantastic business and you’re very passionate about what you do. Many people go through their entire lives and never do what you’ve done. Based on the tone of your email, you sound like a grateful person who is probably an excellent employer and I’m sure you already know all this stuff. So…I’ll stop blowing sunshine up you…well you know where! Your partnership situation is unfortunate. Scenarios like this occur all too often. If I were you, this is what I would do (keep in mind that I am advising you based on the information you provided me!).
FIRST: Remember that you CAN walk away from this business. Now, it may not be the easy thing to do if you’re thinking short term, but you do NOT need this business. How do I know this? John, you’ve built a successful business and thus you have a lot of knowledge and experience which is extremely valuable. So not only could you can use those valuable assets to start another business, you could also leverage your knowledge and experience to help the TENS of THOUSANDS of people who need your help. HOLD ON…you can relax. I’m not going to recommend you just walk away from your business. You need to be in the right frame of mind to make the next couple of steps work.
SECOND: Okay, now that you’re in the right frame of mind, you need to buy your partner out. Be sure to remember that you have TWO giant points of leverage during your negotiations. 1) YOU are the reason the business works and is very profitable. 2) You DON’T need this business. The easiest way to do this is to hire a third party to come up with an impartial valuation (most accountants will do this for you) and use that as a starting point for negotiations. It may take you 5 years or more to pay off your partner’s position…but TRUST ME, it will be WORTH IT!! Heck, you’re only 50 years old. You’ve got a lot of time left. *The last piece of advice I’ll give you in this second step is to offer your partner a little MORE than he is asking. I know, I know…this sounds crazy but doing this will make a LOT of good things happen. Your partner will feel grateful and every aspect of the transaction will go smoother. This may sound counter-intuitive, but the extra money you end up paying your partner will be re-paid to you tenfold in goodwill and peace of mind.
THREE: John, you need to develop an exit plan. Again, you’re only 50 so you’ve got plenty of time to do this. The easiest way to sell a business like yours is to teach a KEY employee and sell it to them. This may take up to 5 years to accomplish, but it will be well worth it. This is actually a very complex process and this blog post is already getting kinda long, so I’ll have to truncate how this works (BTW, I did this myself and it worked like magic). Find a “go-getter” A-Player type person who respects and admires you. It helps if this person is a current employee who (ideally) has started at the bottom of your company. Set up a series of performance-based “trials” whereby they prove to you that they are honest, trustworthy, and hungry to learn everything they can from you in order to keep the business where it’s at. Once you’ve selected your potential “Key Employee,” you need to “reverse-engineer” a rags to riches type career story for them. Here’s why this will work. YOU will be giving someone the opportunity of a lifetime! And in doing this, you will earn unmatched loyalty from them. This loyalty will be the “magic grease” that will allow you to safely transfer all your business knowledge to this person. They will in-turn be grateful to buy the business from you.

This is the ultimate Win-Win scenario. John, this ONLY works with complete trust, honesty and loyalty. So you really need to take your time during the selection process. When I was doing this for my engineering business, I went HALF-WAY down this road with the wrong person. He ended up leaving me high and dry and then tried to take a few of my best customers. But I didn’t give up. I just found another person and this time it worked. I sold my engineering business in 2007 to a young man who I have a tremendous amount of respect for. The loyalty and trust was there so it worked out perfectly for BOTH of us.
Good luck my friend.
Take care,

Tim Schmidt
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