Use a business sale lawyer and close with confidence.

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Is buying or selling a business on the cards? It’s a process that comes with significant commitments – both financial and emotional. Then there are your legal requirements, which can vary depending on the type and size of the business. With finance, tax and other factors like Franchising regulations, it gets complex, fast – especially if you’re handling everything alone. That’s where our business sale lawyers can help.

As business transaction specialists, we’re here to strip out the legalese and simplify the process, all while mitigating your legal risks and securing your best interests. Whether you’re buying or selling, we’ll make it smooth sailing from start to finish.

The fact is, business sales aren’t as simple as agreeing on a price and signing paperwork. There are many layers of legal obligations, and failing to address them properly can result in disputes, or worse, financial loss. Our team of business sale lawyers ensure that every aspect of the transaction is handled with precision, including:

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Drafting and reviewing business sale contracts:

A strong, clear sales agreement is critical to prevent future misunderstandings or legal battles. We’ll draft and review your contracts to check that all necessary terms are addressed, including the purchase price, payment structures, liabilities and dispute resolution clauses.

Due diligence:

Before a business is sold, the buyer must be aware of its legal and financial status – so you’re not inheriting the debt of the previous owner. Due diligence includes reviewing the business’s assets, liabilities, employee contracts, intellectual property., and ongoing obligations. Thorough checks now will flag any potential risks – and prove your asset isn’t hiding anything.

Transfer of assets and liabilities:

When a business is sold, it’s not just about changing ownership. Assets, liabilities, and contracts must all be transferred properly. Whether it’s real estate, intellectual property, equipment or contracts with suppliers, we’ll ensure that transfers are legally binding and completed without any disruptions.

Compliance with Australian regulations:

In Australia, business sales must comply with a long list of legal regulations, including taxation, employee rights, and industry-specific compliance. Our business sale lawyers can guide you and can assess whether your transaction aligns with Australian law.

Key considerations in a business sale

What’s the business structure?

The structure of the deal (whether it’s an asset sale or a share sale) can have a major impact on taxes, liabilities, and ownership transfer. We’ll advise you on the terms of your purchase to maximise the benefit for your situation.

What’s happening to the existing team?

When a business changes hands, the fate of its employees can become a sensitive issue. Under employment law., contracts may need to be reviewed or transferred, and obligations under the Fair Work Act must be upheld.

Are warranties crystal clear?

In any business sale, it’s critical to ensure that warranties and indemnities are clearly defined in the contract. These provisions protect both buyers and sellers by setting transparent expectations about the condition of the business, its financials, and any undisclosed liabilities.

What about after it’s sold?

The legal relationship between buyer and seller doesn’t end at the sale. There may be obligations related to non-compete clauses, continuing support, or deferred payments. Our business sale lawyers will draft post-sale agreements that protect your business interests long after the transaction is completed.

Ready to see how the Quest Legal lawyers can help with all your business sale needs? Get in touch with our friendly team today.

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