The Ultimate Cheat Sheet for Buying and Selling Trail Books

Navigating the process of buying or selling a mortgage trail book doesn’t have to be overwhelming. To streamline the process and enhance the certainty of a successful sale, consider these top 10 golden rules.

1. Identify Approval Requirements Early

Determine early on which approvals are needed from key stakeholders, including directors of the selling entity and the trail book’s owner. This proactive approach will set the stage for a smoother transaction.

2. Understand Your Duties Under the Aggregation or Licensee Agreement

Before finalising the sale, confirm your obligations under the aggregation/licensee agreement, as the sale often depends on aggregator approval. Knowing these requirements in advance will help avoid delays.

3. Clarify Included Clients

Ensure you have a clear understanding of which client files are part of the sale. A well-documented client database is crucial, so review the records carefully before proceeding.

4. Draft a Comprehensive Deed of Assignment

Create a Memorandum of Agreement or Heads of Agreement outlining key terms before engaging legal services to draft the Deed of Assignment. This preparation can save both time and money by addressing essential terms upfront.

5. Obtain an Independent Valuation

Book valuations are complex and influenced by various factors. To achieve the best sale price or mitigate purchase risks, consider getting an independent valuation. Trailblazer Finance offers expert valuation services to help you accurately assess the value of your book.

6. Identify Loan Originators

Ensure you know who wrote the loans being bought or sold. Implement strong agreements with employees and contractors to prevent client poaching and protect your newly acquired asset.

7. Negotiate Clawback Costs and Retention

Discuss and agree on how future clawbacks will be handled and what retention forms part of the consideration. Addressing this issue early in negotiations is crucial for setting a fair purchase price.

8. Understand Paperwork and Fees

Be aware of the paperwork and fees involved in the transfer process. Consult with the aggregator about associated costs and approvals to ensure a smooth transaction and to allocate responsibilities between buyer and seller.

9. Determine Required Insurance

Ensure the vendor provides run-off PI insurance cover if exiting the industry. Agree on the coverage amount and duration in advance to meet any aggregator or funder requirements.

10. Choose Your Advisors Wisely

If you’re new to the trail book market, seek the assistance of experienced advisors. Their expertise can guide you through the process or manage it from start to finish.

To get started on the right foot, use Trailblazer Finance’s free trail book valuation calculator to estimate the value of your book. For more personalised advice and expert guidance, contact our team at 1300 139 003. Our professionals are here to ensure a successful buying or selling experience

Key Strategies for Avoiding Common Acquisition Pitfalls

In the arena of acquisitions, mistakes can be costly and detrimental to the success of the transaction. At Trailblazer Finance, we’ve witnessed a multitude of errors over the years, ranging from avoidable missteps to unforeseen challenges. These mistakes often fall into distinct categories, but with the right approach and expert guidance, they can be navigated effectively. Let’s explore the most common pitfalls and how Trailblazer Finance can assist you through each stage of the acquisition process.

1. Poor Due Diligence

One of the primary mistakes we’ve observed is the failure to conduct thorough due diligence. Without a comprehensive understanding of the target asset, subsequent actions may be based on incomplete or inaccurate information, leading to unfavourable outcomes. At Trailblazer Finance, our team emphasises the importance of meticulous due diligence, ensuring that our clients have a clear picture of the opportunities and risks associated with the acquisition.

 

2. Inappropriate Restraints

Inadequate or absent restraints from the vendor can pose significant challenges post-acquisition. Without appropriate safeguards in place, vendors may seek to undermine the integrity of the acquired business, jeopardising client relationships and revenue streams. Trailblazer Finance assists clients in negotiating and implementing robust restraints to protect their investments and uphold the integrity of the acquired entity.

 

3. Ineffective Legal Contracts

Legal contracts that fail to confer clear title or are overly vague can create uncertainty and render agreements unenforceable. This leaves purchasers vulnerable and without recourse in the event of disputes or breaches. Our team at Trailblazer Finance ensures that legal contracts are meticulously drafted, providing our clients with the necessary protections and legal clarity throughout the acquisition process.

4. Clawbacks

Failure to account for clawback provisions, particularly in mortgage trail books, can result in significant financial losses for purchasers. Without appropriate safeguards in place, purchasers may find themselves liable for clawback repayments, further exacerbating the impact of lost revenue. Trailblazer Finance advises clients on mitigating the risks associated with clawbacks, ensuring that contractual agreements adequately address these provisions.

 

5. Misunderstanding Client Relationships

 

Understanding the origins of client relationships is paramount in acquisitions, particularly when key staff members hold significant client portfolios. Failure to recognise and address potential client retention risks can lead to post-acquisition challenges and revenue loss. Trailblazer Finance provides strategic guidance to help clients navigate client relationship dynamics and mitigate potential risks associated with staff turnover.

While acquisitions present lucrative opportunities, they also entail inherent risks and complexities. By engaging with Trailblazer Finance, clients can benefit from our expertise and guidance throughout the acquisition process. From conducting thorough due diligence to negotiating robust legal agreements, we are committed to helping our clients avoid common pitfalls and achieve successful outcomes in their acquisitions.

Reach out to the experts to discuss your financial needs. Call us now 1300 139 003

Download our free eBook Acquisition Ready  covering 10 topics that have been specifically chosen because it covers an area that is absolutely essential for a successful acquisition but often overlooked or poorly understood.

 

Whether you’re a mortgage broker, financial planner, rent roll business owner, accountant or other cashflow business, we can understand and support your specific business goals and needs.

Contact us

Suite 401, Level 4,
59-75 Grafton Street,
Bondi Junction NSW 2022

1300 139 003

info@trailblazerfinance.com.au

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