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What Happens During Due Diligence When You Sell a Business?

Written by Paul Griffiths | Aug 10, 2026, 12:59:47 PM

During due diligence, a buyer and their advisers investigate the financial, commercial, legal, tax and operational information behind your business before completing the purchase. Sellers will usually need to provide documents through a data room, explain financial performance, answer detailed questions and support the claims made earlier in the sale process. The aim is to help the buyer verify what they are acquiring while allowing both sides to identify issues that may affect price, structure or legal protections.

Due diligence area What the buyer will examine What the seller should do
Financial Earnings, cash flow, debt, working capital and EBITDA adjustments Provide reconciled, current financial information
Commercial Customers, suppliers, market position and future demand Support claims with contracts, analysis and evidence
Legal Ownership, contracts, IP, property and disputes Organise documentation and explain any issues
Tax Historic filings, liabilities and HMRC matters Provide records and involve tax advisers
Employees and management Key people, contracts, owner dependency and liabilities Keep records organised and explain the transition plan
Operational Systems, processes, facilities, equipment and compliance Demonstrate how the business actually operates
Final review Whether findings affect the offer or deal terms Address genuine issues and distinguish them from unsupported retrading

Due diligence is the stage of a business sale where the buyer investigates the financial, commercial, legal, tax and operational information behind what you have told them about the company in order to sell the business safely.

For the seller, that usually means responding to detailed questions, uploading documents to a data room, explaining financial performance and giving the buyer evidence to support the valuation and commercial story presented earlier in the sale process.

It can feel intensive, but extensive questioning does not necessarily mean something has gone wrong.

The buyer is about to commit significant capital and potentially inherit contracts, employees, assets, liabilities and commercial risks. Due diligence is how they test what they believe they are buying.

ICAEW describes due diligence as part of evaluating an acquisition, with financial due diligence examining underlying financial performance and commercial due diligence assessing areas such as the market, customers, competitors and business plan.

For sellers, the objective is straightforward: be prepared, answer accurately, control disclosure and deal with genuine issues before they become reasons for the transaction to collapse.

 

What happens during due diligence when selling a business?

During due diligence, the buyer and its advisers will typically:

  1. Send the seller detailed information requests.
  2. Review financial records and earnings.
  3. Examine customers, suppliers and commercial relationships.
  4. Review contracts and corporate documentation.
  5. Assess employees and management.
  6. Investigate tax matters.
  7. Review intellectual property, property, insurance and regulatory issues.
  8. Ask management follow-up questions.
  9. Compare the findings with the Information Memorandum and offer.
  10. Decide whether to proceed, renegotiate, seek additional protections or withdraw.

The British Business Bank describes business due diligence as a comprehensive appraisal and highlights financial, legal and commercial areas among the matters a prospective purchaser should investigate.

Seller due diligence at a glance

Stage

What happens

What the seller should do

Preparation

Buyer sends information request lists

Assign responsibilities and organise documents

Data room

Seller provides supporting evidence

Upload accurate, current, clearly labelled information

Initial review

Buyer advisers analyse the company

Respond promptly to clarification questions

Management Q&A

Buyer challenges assumptions and performance

Answer directly and consistently

Issue identification

Risks or inconsistencies emerge

Quantify and explain genuine issues

Commercial response

Buyer assesses effect on valuation and structure

Separate legitimate findings from opportunistic retrading

Legal negotiation

Findings influence warranties, indemnities and SPA drafting

Work closely with seller-side advisers

Final verification

Latest trading and key conditions are confirmed

Keep the business performing through completion

Due diligence is therefore not simply a document upload exercise.

It is an ongoing process of verification, explanation and negotiation.

 

When does due diligence start?

Formal due diligence often starts after the seller has accepted an indicative offer and Heads of Terms have been agreed.

A typical sale sequence might be:

  1. Business prepared for sale
  2. Teaser or listing published
  3. Buyer qualified
  4. NDA signed
  5. Information Memorandum issued
  6. Management meeting
  7. Indicative offer
  8. Heads of Terms
  9. Exclusivity
  10. Due diligence
  11. Sale and purchase agreement negotiations
  12. Signing and completion

The exact order varies.

Some buyers undertake preliminary due diligence before submitting an offer. Larger transactions may also use sell-side or vendor due diligence before the preferred buyer is chosen.

ICAEW's financial due diligence guidance specifically recognises both buy-side and sell-side due diligence in M&A transactions.

 

How long does due diligence take when selling a business?

There is no standard UK timetable.

For a relatively straightforward SME transaction, sellers might plan for around four to eight weeks of active due diligence once the buyer has appropriate access, although some processes complete more quickly and complex transactions can take several months.

That is a practical planning estimate, not an official industry average.

Timing depends on:

  • Business size
  • Quality of records
  • Number of legal entities
  • Buyer sophistication
  • Funding requirements
  • Customer complexity
  • Property
  • Employees
  • Intellectual property
  • Regulatory requirements
  • Tax history
  • Speed of seller responses
  • Problems discovered

A buyer acquiring a straightforward £1 million owner-managed services company may need substantially less investigation than a buyer acquiring a £20 million group with several subsidiaries, overseas operations, property and regulated activities.

What slows due diligence down?

Common delays include:

  • Missing contracts
  • Outdated management accounts
  • Inconsistent financial figures
  • Poorly organised data rooms
  • Slow responses
  • Unclear ownership of intellectual property
  • Unresolved tax questions
  • Missing employee documentation
  • Buyer funding delays
  • Repeated follow-up questions
  • New issues discovered late

The seller cannot control everything, but preparation has a significant influence over how efficiently the process runs.

What our experts say:

Speed comes from preparation, not rushed answers

Trying to answer every buyer question within hours is not necessarily the best way to make due diligence faster.

A quick but inaccurate answer can create more work later.

A better process is to:

  • Prepare the likely information in advance
  • Give one person responsibility for coordinating responses
  • Check documents before uploading them
  • Reconcile financial figures
  • Ask advisers to review technical answers
  • Keep an organised question-and-answer log

The aim is not to be the fastest seller.

It is to make it easy for the buyer to reach reliable conclusions.

 

What do buyers request during due diligence?

Requests vary considerably, but most SME due diligence can be divided into several broad workstreams.

Due diligence area

Typical buyer questions

Financial

Are earnings sustainable and accurately presented?

Commercial

How strong are customers, markets and future demand?

Legal

Does the company own what it says it owns and comply with its obligations?

Tax

Are historic and current tax positions understood?

Employees

Are key people likely to remain and are liabilities understood?

Operational

How does the company actually deliver its products or services?

Technology / IP

Does the company control critical systems and intellectual property?

Property

What premises are owned or leased and on what terms?

Data protection

Is personal information handled appropriately?

Regulatory

Does the business hold required permissions, licences and certifications?

ICAEW notes that due diligence can extend beyond financial matters into areas including commercial and legal analysis, while its legal due diligence resources identify matters such as intellectual property among the areas potentially investigated in a transaction.

 

1. Financial due diligence

For many sellers, this is the most intensive part of the process.

The buyer wants to understand whether the profits used to value the company are genuine and sustainable.

Typical requests may include:

  • Three to five years of statutory accounts
  • Current management accounts
  • Monthly profit and loss reports
  • Balance sheets
  • Cash-flow information
  • Revenue by customer
  • Revenue by product or service
  • Gross-margin analysis
  • Aged debtors
  • Aged creditors
  • Stock reports
  • Capital expenditure
  • Debt
  • Working capital
  • Budgets
  • Forecasts
  • Bank information
  • EBITDA adjustments

ICAEW's financial due diligence guidance describes FDD as a process that supports M&A decision-making through analysis of a business's underlying financial performance.

 

Expect buyers to reconcile the numbers

Suppose your Information Memorandum states:

  • FY2026 revenue: £5.2 million
  • Adjusted EBITDA: £700,000

The buyer may ask:

  • Does £5.2 million reconcile to statutory or management accounts?
  • Which customers generated it?
  • How much was recurring?
  • Why did gross margin change?
  • How was £700,000 adjusted EBITDA calculated?
  • Which adjustments are genuinely non-recurring?
  • What happened after the financial year ended?

The buyer may also compare:

  • Management accounts
  • Statutory accounts
  • VAT information
  • Customer reports
  • Bank records
  • Forecasts

Inconsistency does not always mean misconduct.

Different systems can classify information differently.

But unexplained inconsistencies create questions.

 

What are quality-of-earnings questions?

The buyer is rarely interested only in historic reported profit.

They want to know what earnings might continue under new ownership.

That means scrutinising:

  • One-off revenue
  • Exceptional costs
  • Owner-specific expenditure
  • Director remuneration
  • Family salaries
  • Recurring versus project income
  • Customer churn
  • Revenue recognition
  • Gross margins
  • Ongoing management costs

Example EBITDA challenge

Suppose you have presented:

Item

Amount

Reported EBITDA

£500,000

Add back owner's salary

£100,000

Add back one-off legal fees

£30,000

Seller adjusted EBITDA

£630,000

The buyer might accept the £30,000 legal adjustment but argue that a replacement managing director will cost £90,000.

The buyer's calculation becomes:

Item

Amount

Reported EBITDA

£500,000

One-off legal adjustment

£30,000

Remove current owner salary

£100,000

Replacement MD

(£90,000)

Buyer maintainable EBITDA

£540,000

If the valuation multiple is 4× EBITDA, the difference between £630,000 and £540,000 represents £360,000 of enterprise value.

That is why EBITDA adjustments can become one of the most commercially important due diligence discussions.

 

How should you answer awkward financial questions?

Do not become defensive simply because the buyer challenges performance.

If revenue has fallen, explain:

  1. What happened
  2. When it happened
  3. Why it happened
  4. Whether it is temporary or structural
  5. What evidence supports your view

For example:

Revenue declined by 8% in the first half because our largest project ended in February. The effect was partly replaced by two contracts that commenced in May, and monthly revenue returned to the prior-year run rate by July.

That is stronger than:

Revenue is down but we expect it to recover.

Use evidence such as:

  • Contracts
  • Order book
  • Monthly trading
  • Pipeline
  • Customer renewals
  • Management accounts

If performance has deteriorated materially since the buyer's offer, discuss it promptly with your advisers.

Data insight:

due diligence goes beyond historic accounts

ICAEW's commercial due diligence guidance emphasises understanding a target's market and competitive position, commercial risks, opportunities and forward-looking business plan rather than relying solely on historic financial performance.

For sellers, this means a strong set of accounts does not remove the need to explain:

  • Why customers remain
  • Where growth is expected to come from
  • How competitive the company is
  • Whether forecast assumptions are realistic

Financial results are the starting point, not the whole diligence story.

 

2. Commercial due diligence

Commercial due diligence tests the wider business model.

Questions may cover:

  • Market size
  • Customer demand
  • Competitive position
  • Customer concentration
  • Customer retention
  • Pricing
  • Pipeline
  • Contracted revenue
  • Growth opportunities
  • Sales processes
  • Supplier dependencies

ICAEW says commercial due diligence is an important part of investment appraisal and examines areas such as markets, customers, competitors and the commercial assumptions behind an investment.

 

Customer concentration will receive attention

Suppose one customer contributes 35% of annual revenue.

A buyer may ask:

  • How long have they been a customer?
  • Is there a written contract?
  • When does it expire?
  • Can it be terminated early?
  • Who owns the relationship?
  • Has the customer been told about the sale?
  • Would a change of ownership matter?
  • Are margins attractive?

High concentration does not make a company unsellable.

It creates a risk the buyer needs to understand and price.

 

Buyers may request customer calls

Later in diligence, a buyer may ask to speak with major customers.

That can create seller anxiety because premature contact could expose the sale.

Do not automatically allow direct access.

Consider:

  • Whether the buyer is sufficiently committed
  • Whether funding is credible
  • Whether Heads of Terms are agreed
  • Whether customer contact is genuinely necessary
  • Which customers should be approached
  • Who attends the call
  • What can be discussed

The timing should be agreed with advisers and the seller.

 

3. Legal due diligence

Legal diligence tests the company's ownership, obligations and exposure.

Typical requests may include:

Corporate

  • Articles of association
  • Share registers
  • Shareholder agreements
  • Board records
  • Group structure

Commercial contracts

  • Customer agreements
  • Supplier contracts
  • Distribution arrangements
  • Joint ventures
  • Partnerships

Intellectual property

  • Trade marks
  • Patents
  • Domains
  • Software ownership
  • IP assignments

Property

  • Leases
  • Licences
  • Title information

Litigation

  • Current claims
  • Threatened disputes
  • Historic material disputes

Insurance

  • Policies
  • Claims history

ICAEW's due diligence resources state that legal due diligence examines the legal basis of the transaction and may, for example, establish whether the business holds or can exercise intellectual-property rights important to its future success.

 

Missing contracts can become bigger issues than expected

Imagine your largest customer accounts for 20% of revenue, but the relationship is governed by:

  • An expired contract
  • Email correspondence
  • Historic purchase orders

The buyer may ask whether that revenue is genuinely secure.

The commercial relationship may be excellent, but the documentation may not support the level of certainty implied by the seller's forecasts.

That can affect:

  • Valuation
  • Deal structure
  • Warranties
  • Indemnities
  • Completion conditions

This is why preparing your business for sale before going to market can be so valuable.

 

4. Tax due diligence

Tax diligence can examine areas including:

  • Corporation Tax
  • VAT
  • PAYE
  • Employment taxes
  • Historic filings
  • HMRC correspondence
  • Tax disputes
  • Group arrangements
  • Property
  • Capital allowances

The buyer wants to understand whether tax liabilities may exist inside the business they are acquiring.

GOV.UK confirms that business sellers continue to have responsibilities concerning their tax affairs when a business is sold, with requirements depending on the business and transaction structure.

In a share sale, historic company tax matters can be especially relevant because the buyer acquires the company itself.

Tax findings may ultimately influence:

  • Warranties
  • Tax covenants
  • Indemnities
  • Retention of consideration

For seller-side tax planning, see Tax When Selling a Business in the UK.

 

5. Employee and management due diligence

People can represent a significant part of a company's value.

Buyers may request information about:

  • Number of employees
  • Organisation structure
  • Employment contracts
  • Salaries
  • Bonuses
  • Benefits
  • Pensions
  • Length of service
  • Holiday
  • Key-person dependencies
  • Disputes
  • Contractors
  • Incentive arrangements

They may also ask:

  • Which employees are essential?
  • Who knows about the sale?
  • Who might leave?
  • What does the seller currently do?
  • Who can replace them?

This is particularly important where the business is heavily dependent on its owner.

GOV.UK states that business sellers can have responsibilities towards employees, while additional requirements can arise where employees are affected by a business transfer.

Employment advice should be taken on the implications of the specific transaction structure.

 

6. Operational due diligence

The buyer wants to understand whether the business actually operates as described.

They may examine:

  • Systems
  • Processes
  • Facilities
  • Machinery
  • Capacity
  • Stock
  • Supply chain
  • Procurement
  • Quality controls
  • Health and safety
  • Key performance indicators
  • IT systems
  • Cybersecurity
  • Business continuity

For a manufacturing business, equipment and capacity may receive significant attention.

For a service business, systems and employees may matter more.

For a software business, technology, security and intellectual property could be central.

 

7. Data-protection due diligence

Business sales can involve personal data relating to:

  • Employees
  • Customers
  • Directors
  • Contractors
  • Suppliers

The ICO specifically addresses data sharing during mergers and acquisitions. Its guidance says organisations should consider data sharing as part of M&A due diligence, including the purpose for which information was originally obtained, the lawful basis for sharing and governance, accountability and security.

Do not assume that an NDA allows unrestricted release of personal data.

Consider:

  • Whether information is necessary
  • Whether it can be anonymised
  • Whether it can be aggregated
  • Who receives access
  • How data is secured
  • Whether access should be restricted
  • How information will be handled if the transaction fails

The ICO's data-sharing checklist also emphasises documenting data-sharing decisions and putting appropriate security measures in place.

What our experts say:

Give buyers the answer they need, not every document you possess

When the buyer asks a question, identify what they are actually trying to establish.

If they ask:

Which employees earn more than £100,000?

they may not initially need an unrestricted copy of your entire payroll database.

If they ask:

How concentrated is customer revenue?

they may initially need an anonymised concentration table rather than every customer name.

Due diligence should be transparent, but disclosure can still be proportionate and controlled.

 

How does the data room work?

A virtual data room is the organised repository used to provide buyers and advisers with transaction documents.

A typical structure might contain:

1. Corporate

  • Incorporation documents
  • Share information
  • Group structure
  • Corporate records

2. Financial

  • Accounts
  • Management accounts
  • Budgets
  • Forecasts
  • Working capital
  • Debt
  • Assets

3. Commercial

  • Customer information
  • Supplier information
  • Material contracts
  • Pipeline

4. Employees

  • Organisation chart
  • Contracts
  • Remuneration
  • Policies

5. Legal

  • Commercial agreements
  • Litigation
  • Insurance
  • Intellectual property

6. Property

  • Leases
  • Titles
  • Licences

7. Tax

  • Returns
  • Correspondence
  • Relevant calculations

8. Regulatory and compliance

  • Licences
  • Certifications
  • Policies

The specific structure should match the business.

 

Do not give every buyer unrestricted data-room access

The sensitivity of access should normally increase alongside buyer commitment.

A possible structure is:

Buyer stage

Information access

Initial enquiry

Anonymised teaser

Qualified + NDA

Information Memorandum

Serious buyer

Selected supporting information

Indicative offer

Wider financial and commercial information

Heads of Terms

Main data-room access

Advanced diligence

Sensitive supporting material

Late-stage verification

Specific restricted information

 

What happens after documents are uploaded?

Expect questions.

Many questions.

The buyer's advisers may maintain an information-request list with items such as:

  • Request 1.1 – Provide FY2025 statutory accounts
  • Request 1.2 – Explain £160,000 increase in professional fees
  • Request 2.3 – Provide top 20 customer analysis
  • Request 3.6 – Provide lease for Birmingham office
  • Request 5.2 – Confirm ownership of registered trade marks

Seller responses may then generate follow-up questions.

This is normal.

The aim is for the buyer to move requests from:

Open → answered → verified → closed.

 

How should sellers manage due diligence questions?

Create a disciplined process.

Appoint one coordinator

This might be:

  • Owner
  • Finance director
  • Corporate finance adviser
  • Transaction manager

They should know:

  • Who owns each question
  • What has been provided
  • Which questions remain open
  • Whether advisers need to review an answer

Keep answers consistent

If the IM says the largest customer represents 12% of revenue, do not respond later that it represents 18% without explaining the difference.

Distinguish fact from estimate

Say:

Current order book as at 31 July is £1.4 million.

rather than:

We have around £2 million definitely coming in.

if the second figure includes uncommitted pipeline.

Do not guess

If you do not know, check.

A corrected answer is better than an immediate answer that later proves wrong.

What our experts say:

Treat the Q&A log as part of the transaction record

Sellers sometimes answer due diligence questions informally through:

  • Email
  • Calls
  • WhatsApp
  • Meetings

That can make it difficult to remember exactly what was said later.

For material questions, maintain a central record showing:

  • The buyer's question
  • Seller response
  • Supporting document
  • Date answered
  • Follow-up
  • Final status

This improves consistency and can also support the eventual legal disclosure exercise.

 

How should you handle difficult or embarrassing questions?

Buyers may ask questions you would prefer not to answer.

Examples:

  • Why did revenue fall last quarter?
  • Why did the largest customer leave?
  • Why is the owner's spouse on payroll?
  • Why has gross margin deteriorated?
  • Why is a supplier threatening legal action?
  • Why has tax not been paid on time?
  • Why does an important employee have no signed contract?

The safest approach is usually:

1. Establish the facts

Do not speculate.

2. Quantify the issue

How financially material is it?

3. Explain the cause

What actually happened?

4. Explain the current position

Has it been fixed, stabilised or left unresolved?

5. Provide evidence

Use records rather than reassurance.

6. Take advice

Legal, accounting or tax issues may need professional wording.

Example: customer loss

Weak answer:

They left unexpectedly, but it isn't really a problem.

Stronger answer:

Customer A, which represented 11% of FY2025 revenue, gave notice in February following a change in its procurement strategy. Trading with that customer ended in April. The FY2026 forecast already excludes the account, and £420,000 of annualised new business has subsequently been contracted with three customers.

The second answer lets the buyer evaluate the actual impact.

Data insight:

commercial diligence is designed to challenge management assumptions

ICAEW's commercial due diligence guidance explicitly frames CDD as a way of understanding commercial risks, opportunities and the assumptions supporting the investment case.

Sellers should therefore expect questions that challenge:

  • Growth forecasts
  • Market positioning
  • Customer retention
  • Pipeline conversion
  • Pricing power
  • Competitive advantage

A challenging question does not necessarily mean the buyer is losing confidence.

Often, it means they are trying to understand whether the investment case can withstand scrutiny.

 

Prepare for serious buyer scrutiny

A credible buyer should conduct proper due diligence. A prepared seller should be able to respond without losing control of confidential information or normal business operations.

Valius brings UK business sellers, buyers and advisers together through one modern platform designed to make acquisitions simpler, more accessible, more transparent and less fragmented.

Register with Valius to connect with the buyer community and prepare for the next stage of your business sale.

 

What causes problems during seller due diligence?

Most problems fall into one of four categories:

The information is different from what the buyer expected

For example:

  • EBITDA is lower
  • Revenue has declined
  • Customer concentration is higher
  • Capex requirements are larger

The information is incomplete

For example:

  • Contracts are missing
  • Employee records are incomplete
  • IP ownership is unclear

New risks appear

For example:

  • Litigation
  • Tax exposure
  • Regulatory problem
  • Customer loss

Trust deteriorates

For example:

  • Seller answers are inconsistent
  • Material matters were withheld
  • Financial adjustments cannot be supported

The fourth category can be particularly damaging.

A buyer can often price a known commercial risk.

It is harder to price uncertainty about whether other information can be trusted.

What our experts say:

Bad news is easier to manage before the buyer discovers it

If you know that:

  • A major customer is leaving
  • An employee dispute exists
  • A tax issue is unresolved
  • EBITDA has declined

do not build the transaction around the assumption that nobody will notice.

Discuss material issues with your advisers and decide when and how they should be disclosed.

An identified £50,000 problem may be negotiable.

A buyer discovering the same problem after asking several times whether any issue exists can create a wider credibility problem.

 

Can due diligence change the sale price?

Yes.

Due diligence may lead the buyer to:

  • Maintain the offer
  • Reduce the price
  • Increase the price in unusual circumstances
  • Change cash at completion
  • Request deferred consideration
  • Add an earnout
  • Seek an indemnity
  • Require a retention
  • Change working-capital assumptions
  • Withdraw

A change is not necessarily unfair.

If information genuinely differs from what the buyer relied upon when making the offer, renegotiation may be commercially justified.

Example: a legitimate price adjustment

Suppose Heads of Terms assume:

  • Adjusted EBITDA: £750,000
  • Multiple: 5×
  • Enterprise value: £3.75 million

Due diligence establishes maintainable EBITDA at £650,000 because £100,000 of claimed add-backs are recurring costs.

At the same 5× multiple:

£650,000 × 5 = £3.25 million

A £500,000 valuation reduction would be mathematically consistent with the buyer's original valuation methodology.

That does not automatically mean the seller must accept it.

But there is a clear commercial reason for the discussion.

 

When does renegotiation become a red flag?

Be more cautious where the buyer:

  • Reopens agreed matters without new evidence
  • Repeatedly changes valuation methodology
  • Uses small findings to justify disproportionate reductions
  • Delays until late exclusivity before changing terms
  • Converts cash consideration into earnout without clear justification
  • Continuously introduces new conditions

Ask:

What new information has emerged since Heads of Terms that justifies this change?

 

Common reasons deals collapse during due diligence

Business sales can fail at this stage for many reasons.

1. Financial performance falls

If EBITDA declines materially during the transaction, valuation may no longer be supported.

2. EBITDA adjustments cannot be evidenced

Aggressive add-backs can undermine the price.

3. A major customer is lost

Concentration makes this particularly significant.

4. Buyer funding fails

The business may pass diligence while the buyer still cannot finance the purchase.

5. Material liabilities emerge

Examples include:

  • Tax exposure
  • Litigation
  • Employee claims
  • Debt

6. Contracts cannot transfer

This may be significant in asset transactions.

7. Intellectual-property ownership is unclear

Particularly problematic for technology-led businesses.

8. Owner dependency is greater than expected

The buyer may no longer believe earnings will transfer.

9. Working capital becomes contentious

Buyer and seller may disagree about the normal level required at completion.

10. Trust breaks down

Repeated inconsistencies can turn individual questions into concern about the whole company.

 

Due diligence problems and possible responses

Finding

Possible buyer response

Possible seller response

Customer concentration

Lower valuation

Evidence retention, contract strength and diversification

Tax uncertainty

Indemnity

Clarify exposure with tax advisers

Missing contract

Condition to completion

Obtain signed agreement where possible

EBITDA adjustment challenged

Lower maintainable earnings

Provide evidence or revise adjustment

Litigation

Retention or indemnity

Quantify and document matter

Weak management

Longer seller handover

Strengthen transition plan

Working-capital shortfall

Completion adjustment

Agree methodology and target

IP ownership problem

Condition to completion

Complete appropriate assignments

Not every issue should result in a reduction in price.

Some are better addressed through:

  • Remediation
  • Disclosure
  • Warranties
  • Specific indemnities
  • Conditions to completion

Your solicitor and advisers should help assess the appropriate solution.

 

Should you fix problems during due diligence?

Sometimes.

Examples of fixable issues include:

  • Missing signatures
  • Expired straightforward contracts
  • Incorrect company records
  • IP assignments
  • Minor compliance gaps
  • Missing policies

But be careful about making major changes simply to satisfy one buyer without understanding the consequences.

For example:

  • Changing customer contracts
  • Paying large liabilities
  • Moving assets
  • Restructuring employees
  • Altering shareholder arrangements

may have wider legal, tax or commercial implications.

Obtain advice first.

 

What if you disagree with a buyer's finding?

You do not have to accept every conclusion.

Ask for:

  1. The underlying evidence
  2. The calculation
  3. The valuation effect
  4. The proposed remedy

For example, if the buyer says:

Customer concentration creates a £500,000 valuation issue.

Ask:

  • Which customer?
  • What probability of loss has been assumed?
  • What margin is attached to the revenue?
  • Was the risk already reflected in the agreed multiple?
  • Why is £500,000 the appropriate adjustment?

A structured discussion is more productive than simply arguing that the buyer is wrong.

 

What happens to the Information Memorandum during due diligence?

It becomes a reference point.

The buyer may compare your Business Information Memorandum with the underlying evidence.

If the IM states:

85% customer retention

the buyer may request data supporting that figure.

If the IM says:

Limited owner involvement

the buyer may ask management who actually controls:

  • Sales
  • Recruitment
  • Pricing
  • Key customers

If the IM describes:

Strong recurring revenue

the buyer may inspect contracts to establish whether it is genuinely recurring.

This is why the IM should present the business in the best honest light rather than the most aggressive possible light.

 

How much information should you disclose?

Enough for appropriate due diligence—but not indiscriminately.

Sensitive categories may include:

  • Customer names
  • Pricing
  • Employee personal data
  • Supplier terms
  • Proprietary information
  • Source code
  • Trade secrets

The buyer's legitimate requirement should be balanced against confidentiality and data-protection obligations.

ICO guidance on M&A data sharing says organisations must consider the purposes, lawful basis, governance, accountability and security involved where data changes hands during an acquisition.

Discuss particularly sensitive disclosures with your legal adviser.

 

How should sellers protect confidentiality during due diligence?

Use controls such as:

  • NDA
  • Buyer qualification
  • User-specific data-room permissions
  • Document watermarking
  • Restricted downloads
  • Redaction
  • Anonymisation
  • Limited customer contact
  • Access logs
  • Immediate revocation if the buyer withdraws

This becomes particularly important if the prospective purchaser is a competitor.

Read Selling a Business Safely for the broader confidentiality and seller-risk framework.

 

How do you keep running the business during due diligence?

This is easy to underestimate.

Due diligence can consume substantial owner and management time.

At the same time:

  • Customers still need service
  • Employees still need management
  • Sales activity must continue
  • Suppliers must be paid
  • Forecasts still matter

A deterioration in performance during diligence may itself create a valuation problem.

Protect normal operations by:

  • Assigning one due diligence coordinator
  • Restricting the internal team involved
  • Scheduling buyer meetings efficiently
  • Using advisers to filter requests
  • Preparing information in advance
  • Keeping sales and operations teams focused

The business is not sold until completion.

Do not mentally exit the company because Heads of Terms have been signed.

 

What happens when due diligence finishes?

There is rarely a dramatic moment when everyone announces:

Due diligence is complete.

Instead, material questions gradually become resolved.

The buyer and advisers will normally determine:

  • Which issues are closed
  • Which remain outstanding
  • Whether price should change
  • Whether specific protections are required
  • Which matters need to be addressed before completion

The process then feeds into the legal documentation.

 

Due diligence and the sale agreement

Findings may affect:

  • Warranties
  • Indemnities
  • Tax covenant
  • Completion conditions
  • Purchase-price adjustments
  • Working capital
  • Deferred consideration
  • Earnout
  • Seller limitations on liability

For example, a known tax issue may be specifically addressed through an indemnity.

A disputed customer receivable might affect working capital.

An unresolved contract issue might become a condition to completion.

The due diligence findings and sale agreement are therefore closely linked.

 

What is the disclosure process?

In a share sale, the seller may provide warranties in the sale and purchase agreement and then formally disclose exceptions against those warranties.

For example, if the warranty states that there is no litigation but one customer claim exists, the seller may need to disclose the claim appropriately.

The process should be managed with your solicitor.

Do not assume that because the buyer saw a document somewhere in a large data room, the matter has automatically been adequately disclosed for legal purposes.

That is a legal question and depends on the transaction documents.

 

Buyer due diligence versus seller due diligence

Due diligence is usually discussed from the buyer's perspective, but the seller has its own work to do.

Buyer perspective

Seller perspective

Verify financial performance

Make financial records clear and supportable

Identify risks

Understand and explain risks before discovery

Review contracts

Organise and correct documentation

Challenge valuation

Defend reasonable valuation assumptions

Assess management

Demonstrate transferability

Test customers

Provide accurate customer analysis

Negotiate protections

Understand warranties and disclosure

Decide whether to buy

Decide whether revised terms remain acceptable

That buyer-led guide explains what an acquirer should investigate.

This article is its seller-side counterpart: what you should expect when those questions are directed at your company.

What our experts say:

Good due diligence should increase confidence on both sides

Sellers sometimes see due diligence purely as the buyer looking for reasons to reduce the price.

That can happen, but good diligence serves another purpose.

It helps the buyer become comfortable enough to complete.

A buyer who understands:

  • The earnings
  • The customers
  • The contracts
  • The management
  • The risks

can often move toward legal completion with greater confidence.

Your objective is therefore not to avoid scrutiny.

It is to make appropriate scrutiny efficient, controlled and evidence-based.

 

Seller due diligence checklist

Before formal due diligence starts, make sure you can provide or explain the following.

Financial

  • Statutory accounts
  • Current management accounts
  • Monthly revenue and EBITDA
  • EBITDA adjustments
  • Customer revenue
  • Debtors
  • Creditors
  • Stock
  • Debt
  • Working capital
  • Forecasts
  • Capital expenditure

Commercial

  • Customer concentration
  • Recurring revenue
  • Customer contracts
  • Supplier dependencies
  • Pipeline
  • Pricing
  • Growth assumptions
  • Market position

Corporate and legal

  • Company structure
  • Share ownership
  • Articles
  • Shareholder agreements
  • Material contracts
  • Litigation
  • Insurance
  • Intellectual property

Employees

  • Organisation chart
  • Employment contracts
  • Remuneration
  • Key employees
  • Benefits
  • Disputes
  • Contractors

Operational

  • Locations
  • Property
  • Equipment
  • Systems
  • Processes
  • Licences
  • Accreditations

Tax

  • Corporation Tax
  • VAT
  • PAYE
  • Historic enquiries
  • Relevant correspondence

Data protection

  • Personal data identified
  • Sensitive information redacted where appropriate
  • Data-room access controlled
  • Sharing decisions reviewed

Transaction management

  • One due diligence coordinator
  • Adviser responsibilities agreed
  • Q&A log established
  • Buyer permissions controlled
  • Key management briefed
  • Latest trading monitored
  • Material changes escalated quickly

 

How to make due diligence easier before it starts

The best time to prepare for due diligence is before the buyer sends the first request.

Priorities include:

Clean up your financials

Make sure management information is current and reconciled.

Prepare your data room

Do not wait until exclusivity to discover missing documentation.

Check your sale story

Make sure the IM matches the evidence.

Identify difficult issues

List the questions you hope the buyer does not ask.

Then prepare truthful answers to them.

Verify the buyer

Do not expose your business to somebody who has not demonstrated sufficient credibility.

Protect trading

Designate people to manage the process so normal performance does not suffer.

See How to Prepare Your Business for Sale for the full pre-sale preparation process.

 

Due diligence does not need to derail your sale

Due diligence can be demanding because it takes the business from a compelling sale proposition to a transaction that must withstand detailed verification.

For a prepared seller, that should not be alarming.

Expect buyers to:

  • Challenge earnings
  • Ask for evidence
  • Review customers
  • Examine contracts
  • Assess management
  • Investigate liabilities
  • Question forecasts

Those are normal parts of acquiring a company.

What matters is how you respond.

Give accurate answers. Keep the process organised. Do not hide material issues. Protect sensitive information. Continue running the company. And distinguish legitimate buyer concerns from repeated attempts to renegotiate without evidence.

If you prepare properly, due diligence becomes less about surviving an investigation and more about helping the buyer confirm that the company they want to acquire is the company you have presented.

 

Move from buyer interest to a well-managed transaction

Valius was built to make buying and selling UK businesses simpler, more accessible, more transparent and less fragmented.

A credible sale requires more than generating an enquiry. It requires qualified buyers, good information, controlled disclosure and a structured route from initial interest through due diligence and completion.

Register with Valius and join 1,000+ business buyers and sellers already doing business on Valius.