Buying a Business
Business purchase lawyers in Melbourne
When it comes to buying a business, ensuring the contract is rock-solid is absolutely crucial. You want to make certain you get everything required to operate and protect the business.
Don’t leave anything to chance; getting the right legal advice is vital.
At Lord Commercial Lawyers, we are dedicated to helping clients achieve their goals. We are experts in all legal aspects of buying a business. Let us focus on the legal matters so you get the best deal.
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How Lord Commercial Lawyers can help you with your business purchase
Our team of lawyers provide straightforward legal advice to help you with your business purchase. With decades of experience, we can advise on business contracts, commercial agreements, and business purchase agreements.
Buying a business
A business purchase is a significant life decision that requires financial and emotional investment. Your business contract must be sound and cover noncompete issues, a database of existing customers, staff details, and supplier information. Consulting with business contract lawyers like Lord Commercial Lawyers can help ensure your success.
Our buying a business services have helped over 600 businesses worth over $400 million with expert legal advice that includes:
- Asset-only purchases
- Business purchase contract review
- Business structure advice
- Contract negotiation
- Due diligence
- Lease advice.
To help you get started and ensure you’re fully prepared for your business purchase, we’ve created a free, downloadable checklist that covers all the key steps you need to take. This checklist will help you stay organised and make informed decisions throughout the process. You can find it below
Get our free checklist for Buying a business
Download our FREE checklist, before you buy a business.
It’s packed full of useful, practical tips to help you.
Small businesses
We provide cost-effective small business advice tailored to your needs. We include information on:
- Investigating lease length and terms and whether the landlord has agreed to the sale
- If you have the right to the business name, trademark or intellectual property
- What money is owed on the equipment or inventory, and whether suppliers could repossess it
- Whether there are any secured creditors.
Contact us here to get small business legal advice.
Medium and large businesses
Medium and large business purchases can be more complicated. With decades of experience, we can help you with the following:
- Employment matters
- Intellectual property issues
- Lease issues
- Ownership arrangements
- Supply and distribution agreements
Commercial agreements and business contracts
Buying a business requires reviewing commercial agreements and business contracts. It includes partnerships, loans, and employment contracts. Our experienced business contract lawyers have experience and know-how across various industries and can tailor commercial agreements to suit your needs.
Why choose Lord Commercial lawyers?
When choosing a business contract lawyer to help you with a business purchase, choosing a team with experience, integrity, professionalism, and empathy is essential. With decades of business law practice, Lord Commercial Lawyers can help you with small, medium, and large business contracts.
Business acquisition lawyers in Melbourne
Buying a business in Melbourne and need a business purchase lawyer? Lord Commercial Lawyers can help you with commercial agreements and business contracts. Located at level 10, 167 Queen Street, Melbourne, you can visit us, contact us here, or call (03) 9600 0162.
FAQs
What is the process for transferring ownership of the business?
The process for transferring ownership of a business will often depend on the type of business entity being sold and the sale agreement terms. Generally, the transfer will involve drafting and signing a business purchase agreement. Generally, the sale agreement is prepared by the seller of the business. Other important matters are approvals by relevant authorities, obtaining necessary licenses or permits, transferring a lease, and intellectual property rights.
What are the intellectual property rights associated with the business?
Intellectual property rights associated with the business include a review of whether the business has any patents, trademarks, copyright, or trade secrets. This may involve reviewing agreements and registrations and conducting due diligence. It may also involve the business sale agreement having specific clauses about the transfer of intellectual property
Who is responsible for the debts of a business?
It depends on the business purchase contract; however, it is essential to investigate any outstanding debts, mortgages or liens, or securities registered against the business. Generally a purchaser will want to be sure that all existing liabilities of the owner remain with the owner.
Is a purchaser liable for potential liabilities associated with the business’s products or services?
It depends on the contract to purchase. It is essential to analyse potential liabilities with the business's products or services, including product liability claims, regulatory compliance issues, and intellectual property disputes. A buyer will want to ensure the contract excludes them and that the seller remains liable.
What legal issues should I be aware of when buying a business?
When buying a business, you should consider various legal aspects such as conducting due Diligence, reviewing current contracts and agreements, assessing liabilities, understanding intellectual property rights, examining employment contracts, and ensuring compliance with regulations.
What is the process of Due Diligence, and why is it important?
Due Diligence involves a thorough investigation of the business. It consists in reviewing financial records, contracts, legal compliance, assets and their condition, customer base, and liabilities. Due Diligence helps you assess the risks and make an informed decision about the purchase. Before you sign a contract, you must be aware of any potential issues or liabilities associated with the business.
What contracts and agreements should I review before buying a business?
You should review various contracts and agreements, such as purchase agreements, lease agreements, customer contracts, supplier contracts, employment contracts, non-compete agreements, and intellectual property agreements.
What are the employment-related considerations when buying a business?
When buying a business, you must consider employment-related matters such as employee contracts, wage obligations, collective bargaining agreements, and accrued liabilities such as holiday pay and long service leave. Understanding your responsibilities as a new employer and any potential risks associated with existing employees is essential.
Can I renegotiate existing contracts or agreements after purchasing a business?
Whether you can renegotiate existing contracts or agreements depends on the terms of the agreements and the willingness of the other parties involved. The best strategy is to review the contracts before signing a business purchase agreement. Sometimes it is possible to discuss those contracts with the other party before you sign the purchase agreement. Sometimes a business purchase agreement can be made conditional on renegotiating key contracts.
What legal protections can I include in the purchase agreement to safeguard my interests?
To safeguard your interests, you can include provisions in the purchase agreement, such as representations and warranties about the business, indemnification clauses, non-compete agreements, confidentiality provisions, and dispute resolution mechanisms.