The choice of Sunshine Coast locals for 25 years

Andrew Gardiner Law

Business Sales, Mergers & Acquisitions | Sunshine Coast

If you want to start, buy or sell a business, there are many factors to consider. Business sale contracts can be complex, but we can do the cumbersome legal work for you.

Here are some of the difficult questions our clients face and trust us to handle for them.

  • What type of contract should I choose?
    • Do I enter a business sale contract (and pay stamp duty but assume no liability)?
    • Do I have a share sale agreement (and minimise stamp duty but have liability risk)?
Image of lawyer dealing with a business sale in the Sunshine Coast
Image of lawyer with business sale checklist questionnaire
  • What am I buying?
    • Is there a list of assets?
    • The photocopier is on a lease. Do I have to take over the lease?
    • The seller wants to keep his laptop. Should he?
    • Does the purchase price include stock?
    • Who gets the work in progress (existing contracts)?

 

  • What is the intellectual property?
    • What happens to the business name?
    • If I trade in my company, do I have to change its name?
    • Is the website included? The domain? Do the email and phone get transferred?
  • Is there a lease on the premises?
    • Can it be assigned to the buyer?
    • I am a buyer with my own shed. Can the lease be terminated?
    • What is a Retail Shop Lease?
    • I have sold the business. Am I still liable as a guarantor?

 

  • Will the buyer get finance?
    • What is a PPSR charge?
    • Will the bank want extra security?
    • Should the seller consider vendor finance?
Image of lawyer assessing bank finance for business sale
Image of lawyer and accountant performing due diligence for business sale
  • What is due diligence?
    • Should I get my accountant involved?
    • What checks should I do and what should my lawyer do?

 

  • What are the tax considerations?
    • Is the sale a “going concern”? What does that mean?
    • Does the purchase price include GST?

 

  • Is there a franchise agreement?
    • Is there a first right of refusal?

Andrew has dealt with all these questions and regularly finds creative solutions to them. Contact us today for a free initial consultation and quote.

Andrew Gardiner Law

Business Sales, Mergers & Acquisitions | Client Case Studies

A client selling a professional services firm had specific needs regarding future employment.

Knowing what was important to our client allowed negotiations to be specific in some areas and flexible in others.

A buyer of a small takeaway food shop had previously operated this sort of business.  They knew how to make burgers but had cash flow issues.

It wasn’t a great scenario but knowing this allowed for frank discussions with vendors and landlords as to which up-front payments were needed.

Image of cash flow analysis for sale of takeaway shop
Image of retail franchise dealing with lawyer in the Sunshine Coast

A sale of a franchise retail shop in the Sunshine Plaza always brings with it the potential heartache of national landlords and national franchisors with their competing interests.

Informing the client up-front as to what was a realistic timetable to deal with these players allowed the contract to be framed accordingly. The matter settled in the time period.

Commercial Property Sales & Leasing

In the complex commercial sphere, you need to choose a lawyer, like Andrew Gardiner Law, who understands what you are trying to achieve and how best to achieve it.