Didn't sell? Questions owners ask

Your previous agreement

Offsell.com editorial team · Last reviewed

What is a protected buyer or business broker tail period?

The short answer

A tail period is a clause in many business broker agreements that can make a fee payable to the broker if you sell, within a set time after the agreement ends, to a buyer the broker introduced or approached. Those buyers are often called protected buyers. The length, the buyers covered and what triggers a fee all depend on the wording of your agreement.

The Offsell view

Tail clauses are common and have a fair purpose. The risk lies in not knowing which buyers are covered, and for how long.

Why do tail periods exist?

They protect an adviser from a seller ending the agreement and then completing with a buyer the adviser found. Without one, an adviser could do the work and lose the fee on a technicality of timing.

What should you check in your agreement?

PointQuestion
DurationHow long after the agreement ends does protection last?
Who is coveredIntroduced buyers only, or anyone approached or listed?
Fee triggerSigning, exchange or completion within the period?
ListDoes the adviser have to give you a written list?
OverlapWhat if a new adviser also deals with that buyer?

This is general information, not legal advice. The exact effect of exclusivity, notice, protected-buyer and fee clauses depends on the wording of the agreement you signed, so ask a solicitor to review it where anything is unclear.

Authoritative UK sources

How does a tail period affect a new adviser?

A new adviser should know which buyers are protected so they can be excluded or handled by agreement. Otherwise you could face two fee claims on one sale.

Can I appoint another business broker?

What should you do next?

  1. 01Find the tail or protection clause in your agreement.
  2. 02Ask for a written list of protected buyers.
  3. 03Note the end date of the protection period.
  4. 04Share the list with any new adviser before outreach.

Find out why before you simply try again.

We don't list businesses. We find buyers. £0 upfront is our standard service for qualifying UK businesses.

Take the Fresh Sale Review

Off-market · Confidential · What to do when a business doesn't sell