Deal Structure

Exclusivity Period

The defined window after LOI signing during which the seller is contractually prohibited from negotiating with other buyers — giving the buyer time to complete due diligence and finalize financing without competitive pressure.

Key Insight

The exclusivity period is your runway for due diligence. An exclusivity period that's too short forces you to close before you know what you're buying — or lose the deal when it expires before you're ready.

Standard Exclusivity Lengths

Deal TypeTypical Exclusivity Period
All-cash transaction30-45 days
Conventional financing45-60 days
SBA 7(a) financing60-90 days
Complex deals (real estate, multiple entities)90-120 days

SBA financing typically requires 60-90 days because lender underwriting, appraisals, and SBA approval add timeline that conventional deals don't face.

What Must Be Completed During Exclusivity

The clock starts the moment the LOI is signed. Buyers who wait to start due diligence lose time they can never recover.

Immediately upon signing:

  • Request the full data room
  • Engage QoE firm and provide the engagement letter
  • Engage acquisition attorney and begin legal review
  • Notify SBA lender to begin underwriting

Within 2 weeks:

  • Financial document review underway
  • Site visit scheduled
  • Employee and customer interviews planned

At 30 days:

  • QoE draft received and reviewed
  • Legal review substantially complete
  • SBA lender has submitted to underwriting

What Happens When Exclusivity Expires Without Closing

The no-shop obligation ends; the seller is free to engage other buyers. If the deal is still actively progressing, the parties typically agree to a written extension. If either party is dragging their feet, the expiring exclusivity period is the signal.

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