Put both offers on the same footing.
Before comparing prices, check whether the offers cover the same systems, dates and permitted uses. A license to a limited archive is not equivalent to broad access to current and future records.
Keep a separate column for each offer and copy the written terms into it. Mark missing terms as unresolved rather than assuming they match.
Seven terms to compare.
- Records included
- Systems, dates, file types, exclusions and any obligation to supply future updates.
- Permitted use
- Training, evaluation or other uses; who may use the records and whether sublicensing or resale is allowed.
- Exclusivity and duration
- Whether you can license elsewhere, how long rights last and what survives termination.
- Privacy and access
- Who sees originals, when de-identification happens, how exclusions are checked and what happens to rejected data.
- Net payment
- The quoted amount less seller fees and stated deductions. Keep your own preparation costs separate.
- Payment trigger
- What must happen before payment is owed: signing, delivery, acceptance or a later buyer transaction. Record the deadline and any rejection or clawback conditions.
- Your obligations
- Warranties, indemnities, dispute terms and responsibility for rights or privacy problems. Have your adviser review these alongside the price.
FICTIONAL EXAMPLE · NOT MARKET PRICING
A higher quote may pay less.
Offer A
$100,000 quoted
10% seller fee
$90,000 before other costs and tax
Offer B
$95,000 quoted
No seller fee
$95,000 before other costs and tax
Offer B leaves $5,000 more in this example. But if its payment depends on a later resale while Offer A pays on accepted delivery, the amount alone does not settle the choice. Compare the conditions and rights too.
Ask for the missing terms in writing.
“Please confirm the included records, permitted uses, exclusivity, all seller fees, and the exact payment trigger and deadline. Please also explain who can access originals and what happens to excluded or rejected records.”
This is a preparation guide, not contract advice. Your agreement and your business’s obligations need their own review.
Complete four questions for potential buyers and the free seller’s guide, including an offer worksheet. No email required.