Our Property Law team has assisted many clients in buying and selling businesses in NSW and has the experience and knowledge to make business transactions proceed as efficiently as possible.

Click on the links below for information about buying or selling a business
Buying a business
Selling a business


Buying a Business

If you are buying a business, it is important to contact us prior to entering into a legally binding contract. At that point our Property Law team will:

º  Assist you in making an informed decision as to whether to purchase a particular business.
º  Advise you what searches and enquiries to make prior to you signing a Contract for the purchase of the business.
º  Read the proposed Contract for Purchase prior to you signing it and advise you as to its terms and any amendments required.
º  Negotiate any special conditions required by you.
º  Advise you as to the costs involved in your purchase including amount of stamp duty you will have to pay in relation to the purchase.
º  Assist you to consider the tax consequences of your purchase including GST and Capital Gains tax. This will include communication with your accountant and may include obtaining advice from a tax expert.
º  Once you have decided to proceed with your purchase, we will attend to exchange of contracts on your behalf.

Once you have signed a legally binding Contract, our Property Law Team will:

º  Carry out necessary searches in relation to the Vendor and/or the business..
º  Correspond with your lender in order to satisfy their requirements.
º  Prepare and/or check necessary documentation to transfer the business to you goodwill, any equipment and any leases.
º  Organise settlement


Selling a Business

If you are selling a business, it is important to contact us prior to entering a legally binding contract. At that point, our Property Law Team will:

º  Obtain your detailed instructions to ensure the contract is drafted expertly and that the transaction proceeds smoothly.
º  Correspond with your accountant in relation to the taxation consequences of the sale in particular, in relation to the apportionment of the purchase price between goodwill and equipment
º  Advise you to consider the GST consequences of your sale. For example, do you qualify for the ?going concern? GST exemption ?
º  Advise you to consider the Capital Gains Tax implications of your sale.
º  Obtain all documents that must be included in the contract for sale.
º  Discuss with you additional documents that may be included in the contract for sale.
º  Draft the Contract for Sale of Business.

Once you have signed a legally binding Contract, our Property Law Team will:

º  Correspond with the Purchaser?s Solicitor
º  Arrange for transfer of any Lease
º  Arrange for transfer of any equipment lease/hire purchase arrangement.
º  Monitor the GST status of the transaction
º  Prepare and/or check necessary documentation to transfer the business to the Purchaser including the goodwill, equipment and any leases
º  Organise settlement.


For more information, please contact us.