Clause guide

Seller Financing Note

The promissory note that finances part of the purchase price, and where seller-friendly terms quietly compound your downside.

High attentionM&A Diligence
Inkvex checks
  • Standby period and SBA compliance
  • Default and cure periods
  • Acceleration triggers
  • Subordination to senior debt
Next move

If this clause already feels aggressive in isolation, upload the full contract and see how it combines with payment terms, liabilities, and exit rights.

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Overview

What this clause actually does

A seller financing note is a promissory note from the buyer to the seller for part of the purchase price (commonly 10% to 25% on SBA-backed SMB deals). The buyer pays it back over 3 to 7 years with interest. The note's subordination, default, and acceleration terms decide whether the seller can pull the rug if anything goes wrong.

Why it matters

Why people get burned by this clause

SBA 7(a) lenders require seller notes to be on standby (no payments) for at least 24 months. If the note documents do not match SBA requirements, the loan can fall through at close.

Red flags

What should make you slow down

  • Note is not on full standby for the SBA-required period
  • Cross-default with any other obligation
  • Acceleration on minor covenant breach
  • Seller has set-off rights against earnout or holdback
  • Personal guarantee from buyer extends to spouse without homestead protection
Where it appears

Where you usually see it

  • Asset purchase agreements (as exhibit)
  • Promissory notes
  • SBA loan packages
Inkvex review

What the platform checks in the live contract

  • Standby period and SBA compliance
  • Default and cure periods
  • Acceleration triggers
  • Subordination to senior debt
  • Personal guarantee scope and carve-outs
Healthier version

What stronger language usually looks like

  • Full standby for SBA-required period (minimum 24 months on 7(a))
  • 30-day cure period for any monetary default
  • 60-day cure for non-monetary default
  • Acceleration only on bankruptcy or material payment default
  • Personal guarantee carves out homestead
The bottom line

Seller note terms can erase the financial flexibility that justified the seller financing in the first place. SBA standby compliance is non-negotiable on 7(a) deals.

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