Deal Structure Guide · Restaurants & Food Service

How to Structure a Restaurant or Food Service Business Acquisition

From SBA-backed asset purchases to seller-financed earnouts, understand the deal structures that get restaurant transactions across the finish line — and protect both sides of the table.

Buying or selling a restaurant in the $1M–$5M revenue range involves deal structures that must account for the sector's unique risks: thin margins, cash-heavy revenue verification challenges, lease assignment requirements, equipment capital exposure, and key-person dependency on the outgoing owner-chef. Unlike software or professional services acquisitions, restaurant deals require buyers and sellers to address liquor license transferability, landlord cooperation, POS reconciliation, and staff retention as structural — not just diligence — considerations. The most common structures in this market combine SBA 7(a) financing with a seller note, or pair a conventional asset purchase with an earnout tied to post-close revenue performance. Understanding which structure fits your specific situation is the single most important step in getting a restaurant deal done at a price both parties can defend.

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SBA 7(a) Asset Purchase

The most widely used structure for restaurant acquisitions under $5M in revenue. The buyer acquires the business assets — including equipment, leasehold improvements, trade name, recipes, and goodwill — using an SBA 7(a) loan covering up to 90% of the purchase price. The buyer injects a minimum 10% equity down payment. The SBA loan is typically amortized over 10 years at a variable rate tied to prime. Lenders will require a full business plan, three years of restaurant tax returns, POS-to-bank reconciliation, and lease assignment documentation before approval.

70–90% of purchase price

Pros

  • Maximizes buyer leverage with only 10% equity required, preserving working capital for post-close operations and equipment needs
  • Long 10-year amortization lowers monthly debt service, making thin restaurant margins more serviceable
  • SBA lenders experienced in hospitality lending understand food service cash flow patterns and can underwrite appropriately

Cons

  • SBA approval timelines of 60–90 days can delay closings, creating risk if a lease assignment deadline or competing buyer is in play
  • Lender will scrutinize cash sales discrepancies between POS reports, tax returns, and bank statements, which can kill deals with sloppy financials
  • Personal guarantee and collateral requirements including business assets and potentially personal real estate can deter some buyers

Best for: First-time buyer-operators with hospitality experience acquiring an established single-location concept with clean financials, a transferable lease with 5+ years remaining, and $200K–$500K in documented seller's discretionary earnings.

Seller Financing with Partial Seller Note

The seller carries back 20–30% of the purchase price in the form of a promissory note, typically structured over 3–5 years at 6–8% interest. This structure is frequently layered on top of an SBA 7(a) loan, allowing the buyer to meet SBA equity injection requirements while reducing the cash needed at closing. In standalone seller-financed deals with no SBA involvement, the seller may carry 60–80% of the price. The seller note is subordinated to any senior SBA or bank debt and is often secured by the business assets.

20–30% of purchase price

Pros

  • Bridges valuation gaps between buyer and seller, allowing deals to close when bank financing falls short of the full purchase price
  • Signals seller confidence in the business and aligns seller incentives with a smooth ownership transition during the note repayment period
  • Reduces buyer's cash requirement at close, preserving liquidity for working capital, early equipment repairs, or marketing investment

Cons

  • Seller remains financially exposed if the buyer struggles operationally or if revenue declines sharply post-close due to chef turnover or market shift
  • Note subordination means seller ranks behind SBA lender in any default or liquidation scenario, making recovery uncertain
  • Negotiating note terms — rate, term, prepayment penalties, and default triggers — adds complexity and legal cost to the closing process

Best for: Seller-financed notes work best when the seller is transitioning out over 6–12 months with a training period, the restaurant has stable trailing revenue, and the buyer is a qualified operator but lacks full SBA equity injection from personal funds.

Earnout Structure

A portion of the purchase price — typically 10–20% — is deferred and paid to the seller only if the restaurant achieves agreed revenue or EBITDA targets in the 12–24 months following close. Earnouts are common when there is a valuation gap driven by the seller's belief in near-term upside the buyer is not yet willing to pay for, or when trailing revenue has been inconsistent. In restaurant deals, earnout metrics are most commonly tied to gross revenue thresholds tracked through the POS system and corroborated by bank deposits.

10–20% of purchase price

Pros

  • Allows buyer and seller to bridge a valuation disagreement without walking away from the deal, keeping transactions alive
  • Protects the buyer from overpaying for revenue that may not be replicated after the founder-chef or owner departs
  • Incentivizes seller to actively support the transition — training staff, introducing key vendors, and maintaining customer relationships — during the earnout period

Cons

  • Dispute risk is high if revenue measurement methodology is not precisely defined in the purchase agreement, especially in cash-intensive restaurants
  • Sellers who are emotionally attached to the concept may feel penalized if early post-close struggles reflect buyer decisions rather than underlying business performance
  • Earnout periods can create an awkward governance dynamic where the seller retains vested interest in day-to-day decisions after ownership has transferred

Best for: Earnouts are most appropriate when the seller is projecting strong growth from a new catering contract, a recently renovated space, or a new delivery revenue stream that has not yet appeared in trailing twelve-month financials.

Full Asset Purchase — All Cash or Conventional Financing

The buyer acquires all restaurant assets with a combination of personal capital and conventional bank financing, with no SBA guarantee and no seller financing. This structure is faster and involves fewer approval layers, but requires substantially more buyer equity — typically 25–35% down — and lenders are more conservative in underwriting food service cash flows without the SBA guarantee backstop. More common among multi-unit operators, PE-backed buyers, or well-capitalized individuals with established banking relationships.

100% of purchase price at close

Pros

  • Fastest path to close — typically 30–45 days — with no SBA committee approval, which matters when a seller has a lease renewal deadline or time pressure
  • Fewer conditions and covenants make the deal cleaner, reducing seller risk of last-minute financing fallout
  • Preferred by sellers who want certainty of close and are skeptical of SBA-financed buyers who may face last-minute underwriting changes

Cons

  • Requires 25–35% buyer equity injection, significantly limiting the universe of qualified buyers and reducing competitive tension in the deal
  • Conventional lenders may apply tighter debt service coverage requirements, potentially constraining purchase price or requiring additional collateral
  • No seller note or earnout means the seller receives no ongoing economic alignment with the buyer's success during the post-close transition period

Best for: Multi-unit operators acquiring a second or third location, PE-backed restaurant groups executing a roll-up strategy, or highly liquid individual buyers acquiring a concept where speed of close is critical to capturing a favorable lease or pre-empting other bidders.

Sample Deal Structures

First-Time Buyer Acquiring a Single-Location Full-Service Restaurant with $400K SDE

$1,200,000

SBA 7(a) loan: $960,000 (80%); Buyer equity injection: $120,000 (10%); Seller note: $120,000 (10%)

SBA loan at prime plus 2.75% over 10 years, fully amortizing. Seller note at 7% interest over 4 years, subordinated to SBA lender, with a 6-month payment holiday post-close to allow buyer to stabilize operations. Seller note secured by business assets and personally guaranteed by buyer. Lease must be assigned with landlord approval as a condition to close.

Retiring Owner-Chef Selling Established Casual Dining Concept with Inconsistent Trailing Revenue

$850,000

Buyer equity: $170,000 (20%); SBA 7(a) loan: $595,000 (70%); Earnout: $85,000 (10%)

Base purchase price of $765,000 funded through SBA loan and buyer equity. Earnout of $85,000 payable at month 18 if gross revenue in the first 12 post-close months equals or exceeds $1,400,000 as documented by POS system reports and corroborated by bank deposits. Seller to remain available for 90-day transition consulting at no additional cost. Earnout measurement methodology and dispute resolution mechanism to be clearly defined in the asset purchase agreement.

Multi-Unit Operator Acquiring Fast Casual Concept with Three Locations for Platform Expansion

$3,200,000

Buyer equity: $960,000 (30%); Conventional bank financing: $1,920,000 (60%); Seller note: $320,000 (10%)

Conventional commercial real estate and equipment loan at 6.5% fixed over 7 years secured by all three location leasehold improvements and equipment. Seller note at 7.5% over 3 years with full recourse and cross-default provisions tied to senior bank loan. All three lease assignments must be executed and landlord consents obtained as a simultaneous condition to closing. Key kitchen manager retention agreements and 90-day non-solicitation provisions for outgoing owner included as closing conditions.

Negotiation Tips for Restaurants & Food Service Deals

  • 1Request three years of POS reports, sales tax filings, and bank statements simultaneously with the LOI — reconciling these three sources is the only reliable way to verify true restaurant revenue before structuring a purchase price
  • 2Make lease assignment with landlord approval a condition precedent to closing, not an afterclosing obligation — a restaurant deal that closes without a signed lease assignment exposes the buyer to immediate eviction risk
  • 3If the seller's SDE relies heavily on add-backs for personal expenses run through the business, negotiate the seller note amount to be proportional to the quality of those add-backs, so the seller shares risk if add-backs don't hold up under lender scrutiny
  • 4Build a kitchen equipment inspection and capital expenditure schedule into the LOI process — identify near-term replacement costs for hood systems, walk-in coolers, and fryers before finalizing purchase price so you can negotiate credits at closing rather than after
  • 5Structure any earnout tied to revenue, not EBITDA, since restaurant operators have significant discretion over cost allocation in the first 12 months — gross revenue tracked through the POS system is harder to manipulate and easier to verify
  • 6Include a 60–90 day transition training period with the outgoing owner as a contractual obligation, particularly when the seller is the head chef or primary customer-facing personality — the transition period should be long enough to introduce the buyer to key vendors, regulars, and staff without being so long that it creates operational confusion about who is in charge

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Frequently Asked Questions

What is the most common deal structure for buying a restaurant under $2 million?

The most common structure is an SBA 7(a) asset purchase where the buyer puts in 10% equity, the SBA loan covers 80%, and the seller carries a 10% subordinated note over 3–5 years. This structure works well for single-location concepts with $200K–$500K in documented seller's discretionary earnings and a transferable lease with at least 5 years remaining. It gives the buyer maximum leverage while giving the seller a clean exit with a modest ongoing payment stream.

Can I buy a restaurant with seller financing only and no SBA loan?

Yes, though it is less common in the lower middle market. Standalone seller-financed deals typically require the seller to carry 60–80% of the purchase price, which most restaurant sellers are unwilling to do without a substantial down payment of 20–30% from the buyer. These deals work best when the seller wants a faster close, the buyer cannot qualify for SBA financing, or the restaurant has financial characteristics — such as heavy cash sales — that make bank underwriting difficult. Expect to negotiate a higher interest rate of 8–10% and a shorter note term of 3–4 years in exchange for the seller taking on more credit risk.

How does an earnout work in a restaurant acquisition?

An earnout defers a portion of the purchase price — typically 10–20% — and pays it to the seller only if specific revenue or cash flow targets are hit in the 12–24 months after closing. In restaurant deals, earnouts are most often tied to gross revenue thresholds measured through the POS system and corroborated by bank deposits. For example, if a seller is projecting $1.6M in revenue based on a new catering contract but trailing revenue was $1.3M, the buyer might agree to an additional $100,000 earnout payment if revenue reaches $1.5M in month 12. The key is defining the measurement methodology with legal precision in the asset purchase agreement before signing.

What happens to existing staff and employment agreements when I buy a restaurant?

In an asset purchase — the standard structure for restaurant acquisitions — the buyer does not automatically assume the seller's employment contracts. The buyer hires staff on new terms at close. This means there is no legal obligation to retain existing employees, but practically, the loss of a head chef, kitchen manager, or long-tenured front-of-house staff can devastate post-close revenue. Buyers should negotiate key employee retention agreements as a condition of closing, and sellers should help facilitate introductions and secure informal commitments from critical staff before the deal closes.

How long does it take to close a restaurant acquisition using SBA financing?

SBA 7(a)-financed restaurant acquisitions typically take 60–90 days from signed LOI to close, assuming the seller has clean financial documentation, the lease assignment can be negotiated in parallel, and there are no outstanding health code violations or liquor license complications. Deals with messy financials, landlord resistance on lease assignments, or liquor license transfer requirements in states with long processing timelines can take 4–6 months. Buyers and sellers should build buffer time into their LOI exclusivity periods and communicate with landlords early in the process.

Should I buy the real estate or just the restaurant business lease?

Most restaurant acquisitions in the $1M–$5M revenue range involve leased locations, not real estate ownership. Buying the underlying real estate adds significant capital cost and complexity, but eliminates lease renewal risk and creates long-term asset value. When real estate is available as part of the deal, buyers with access to conventional commercial real estate financing should evaluate it seriously, especially in high-traffic locations where lease rates could escalate sharply at renewal. For buyers focused purely on the business operation, securing a long-term lease with favorable renewal options and a below-market base rent is the functional equivalent of real estate ownership at a fraction of the capital cost.

What is a realistic SDE multiple for buying a restaurant?

Restaurant businesses in the lower middle market typically trade at 1.5x to 3.5x seller's discretionary earnings. Concepts at the lower end of the range tend to have heavy owner involvement, inconsistent revenue, aging equipment, or short lease terms. Businesses commanding 3x or higher typically have diversified revenue streams across dine-in, catering, and delivery; a management team capable of operating without the owner; a favorable long-term lease; and documented SDE margins above 15% with clean financials. The SDE multiple should always be evaluated alongside the quality of add-backs, the lease terms, and the estimated near-term capital expenditure requirements for equipment replacement.

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