Solicitation

            Within private transactions between a seller that owns their asset and a buyer that expresses an interest to purchase an asset …there is not any soliciting anybody with anything. A seller that owns their asset is not soliciting anyone because they have a right to offer what they own.

            Brokers who claim a seller cannot share the details that authenticate a real deal — on the grounds that doing so would “solicit” the buyer — do not understand the term. Where Magister Operis deals directly with the buyer, it is Magister Operis that carries the greater exposure to a solicitation charge, which it knows how to avoid through procedures that first confirm the buyer’s own request to purchase.

Every engagement is governed by the firm’s Method and Disclaimer; intermediaries should also review Broker 101 and the firm’s Due Diligence standards.