Buying a Business: Protection and Due Diligence
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Expert Legal Help for Commercial Transactions
Buying or selling a business asset requires specialised business conveyancing and legal expertise. Unlike a simple property transfer, commercial deals often include premises, leases, and complex funding arrangements. Our commercial property conveyancing solicitors work alongside our business team to manage the contracts, leases, and title work, so you can focus on the future growth or smooth handover of your business.
Why Our
Why Our Business Conveyancing Solicitors?
Choosing the right legal partner minimises risk and confusion in commercial transactions. We offer the expertise you need with clear, understandable service.
Specialist Team
We are experienced business solicitors specialising entirely in commercial sales and purchases.
Clear Fees
We provide upfront quotes covering all sale and purchase conveyancing fees, so there are no surprises regarding the business solicitor fees.
Expert Insight
Our team is recognised among the trusted best business lawyers Melbourne offers, providing authoritative advice tailored to the Victorian commercial landscape.
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Ready to secure your commercial future? Contact our team for a free consultation about your business sale or purchase today.
FAQ
Frequently Asked Questions
Usually the goodwill, the plant and equipment, the stock and the benefit of the lease, rather than land. Where the business owns its premises, that freehold is transferred separately as a property transaction. What is included and excluded should be listed specifically in the contract rather than assumed.
It has to be assigned, and the landlord has to agree. Most commercial leases require the landlord’s consent to an assignment, and the landlord can usually ask for information about the incoming tenant. Settlement is commonly made conditional on that consent, because without it the buyer has no right to occupy.
Counted and valued at settlement. Stock is usually bought at an agreed valuation on the day rather than at a fixed price in the contract, so a stocktake happens shortly before or on settlement and the figure is adjusted then. The contract sets out how it is valued and who counts it.
That is settled in the contract. A buyer may take on some, all or none of the existing staff, and entitlements such as accrued leave are either paid out by the seller or transferred with an adjustment to the price. Employment obligations sit outside the conveyancing itself, so take advice on them.
Not automatically. Licences attached to a business, such as a liquor licence or food premises registration, generally have their own transfer or application process with the relevant authority, and the timing does not always match settlement. Identify which ones apply early, since some take longer than the sale.
It can be, unless the sale qualifies as a going concern. That exemption has conditions, including that both parties are registered for GST and that the seller supplies everything necessary for the business to continue operating. Confirm the position with your accountant before the contract is signed.
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