Sale and Purchase of Business Lawyers
Buying or selling a business is a major commercial decision. Get clear legal advice before you sign, exchange or settle.
Kalde Legal assists business owners, purchasers and sellers with business sale contracts, due diligence, lease issues, special conditions, negotiations and settlement.
Need business sale advice?
Speak with an experienced commercial solicitor before you commit to the transaction.
Buying a business?
Understand exactly what you are buying, including assets, goodwill, lease rights, stock, staff, licences and intellectual property.
Selling a business?
Prepare your contract, respond to purchaser enquiries and deal with issues before they delay settlement.
Need a contract reviewed?
Get advice before signing so you understand the risks, obligations, special conditions and settlement process.
Legal advice for buying or selling a business
Selling or purchasing a business is rarely a simple transfer of ownership. A business sale may involve assets, goodwill, staff, equipment, stock, property leases, supplier contracts, business names, trademarks and other intellectual property.
Your lawyer’s role is to identify the legal issues, review and negotiate the contract, advise on commercial risk and guide the transaction through exchange and settlement.
Whether you are buying your first business or selling a business you have built over many years, clear legal advice can help protect your position.
We can assist with
Business sale and purchase services
Choose the area that best matches your transaction, or contact Kalde Legal if you are not sure where to start.
Buying a Business
Advice on the contract, assets, goodwill, stock, equipment, lease assignment, employees, licences and settlement steps.
Selling a Business
Prepare for sale, manage contract issues, respond to buyer enquiries and reduce the risk of settlement delays.
Contract Review
Review the contract before signing so you understand price, inclusions, exclusions, warranties, restraints and special conditions.
Due Diligence
Identify legal issues involving assets, leases, licences, employees, customer contracts, supplier arrangements and intellectual property.
Lease Assignment
Advice on landlord consent, assignment documents, lease obligations, continuing liability and settlement timing.
Settlement Support
Assistance with exchange, completion steps, settlement documents, adjustments, transfer requirements and finalisation.
Do not sign the business contract without advice
A business sale contract can affect the assets you receive, the liabilities you assume, the lease you inherit and the value of the transaction.
The business sale process
Every transaction is different, but most business sales and purchases involve these key legal steps.
Initial advice
We review your position, the transaction structure and the main risks before you proceed.
Contract review
We review key terms, inclusions, exclusions, warranties, restraints and special conditions.
Due diligence
We help identify legal issues involving assets, leases, licences, employees, contracts and intellectual property.
Settlement
We assist with exchange, completion steps, settlement arrangements and transaction documents.
Buying a business
When buying a business, you need to know exactly what you are paying for. The contract should clearly deal with the assets, goodwill, stock, equipment, intellectual property, staff, leases, licences and any continuing obligations.
Due diligence is critical. Before you commit, you should understand whether the business has the legal rights, contracts and approvals needed to operate successfully after settlement.
We help purchasers review the contract, ask the right legal questions and negotiate protections before the transaction becomes binding.
Purchaser issues to check
Selling a business
If you are selling a business, preparation can make a major difference. A purchaser’s solicitor will usually review the business closely and raise questions about the contract, assets, lease, intellectual property, employees and business records.
Addressing issues before the business goes to market can reduce delays, avoid price reductions and help the sale proceed more smoothly.
We help sellers prepare for sale, review proposed terms, respond to legal enquiries and move the transaction toward settlement.
Seller issues to prepare
Business assets that may need to be dealt with
A business sale is not just the sale of a name. It may involve many different legal and commercial assets.
Goodwill and business name
The value of the business may depend on customer relationships, reputation, branding and the right to continue using the business identity.
Premises and lease rights
If the business operates from leased premises, lease assignment, landlord consent, options and make good obligations may be critical.
Equipment, stock and plant
The contract should clearly state what equipment, stock, fixtures and other assets are included or excluded.
Intellectual property
Trademarks, websites, domain names, software, social accounts and other IP may need to be transferred or protected.
Licences and approvals
Some businesses require licences, permits, registrations or approvals. These may need to be transferred or reapplied for.
Employees and contracts
Employment arrangements, supplier contracts, customer agreements and ongoing obligations should be checked before settlement.
Sale and Purchase of Business Manual
Download the free manual for an overview of sale and purchase of business issues and practical transaction considerations.
Understand the process before you commit
The more you understand before signing, the easier it is to identify problems early. Our free guide is designed to help business owners, buyers and sellers understand the main legal issues involved in a business sale or purchase.
It is not a substitute for legal advice on your specific transaction, but it can help you ask better questions and prepare for the process.
Related legal services
These pages may help if your business transaction involves leasing, property or trademarks.
Commercial Leasing Lawyers
Lease reviews, assignments, renewals, landlord consent and commercial lease risk advice.
Leasing & Property
Property and leasing advice for commercial transactions and business owners.
Trademarks
Trademark and brand protection advice before or after buying a business.
Frequently asked questions
Do I need a lawyer when buying a business?
Yes. A business purchase can involve contracts, leases, employees, assets, intellectual property, licences and ongoing liabilities. A lawyer can help identify the risks before you sign or settle.
Do I need a lawyer when selling a business?
Yes. A lawyer can help prepare and review the contract, negotiate terms, respond to purchaser enquiries, deal with lease assignment issues and assist with settlement.
What is due diligence when buying a business?
Due diligence is the process of checking the legal and commercial position of the business before completion. It may include reviewing leases, assets, employees, licences, contracts, intellectual property and other key information.
Why is the lease important when buying a business?
If the business operates from leased premises, the value of the business may depend on whether the lease can be assigned, renewed or continued on acceptable terms.
What are special conditions in a business sale contract?
Special conditions are tailored contract terms that deal with specific issues in the transaction, such as due diligence, finance, lease assignment, training, stock, restraints or settlement requirements.
Can you review a business sale contract before I sign?
Yes. We can review the contract, explain the key risks and advise on changes or special conditions before you commit to the transaction.
Can you help with trademarks when buying a business?
Yes. If the business name, logo, brand or other intellectual property is important to the transaction, those rights should be properly identified and transferred or protected.
Speak with a business sale lawyer
Contact Kalde Legal for practical advice before buying or selling a business. Start with a free 15-minute consultation and find out your next step.
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119 Willoughby Rd,
Crows Nest NSW 2065
PO Box 220,
Crows Nest NSW 1585
Hervey Bay Solicitors
Unit 3, Lakeside Office Park
6-8 Liuzzi Street
Pialba QLD 4655
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ph: 1800 861 616
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