Do You Need a Lawyer When Buying a Business?

Meg Behl-Shanks, Associate • Jul 10, 2023

When buying a business, it is recommended that you seek the assistance of a lawyer experienced in business transactions to help you navigate the legal aspects of the purchase.


Lawyers can assist you through all stages of the process, including:


1. Due Diligence

In conjunction with your accountant or financial advisor, a business lawyer can assist with conducting thorough due diligence to ensure that you are fully aware of the business's financial status, legal obligations, contracts, intellectual property, and any other pertinent information. They can help identify any potential red flags or hidden issues and provide legal advice on any potential risks or liabilities associated with the business.


2. Negotiations and Contracts

Your business lawyer can review and provide advice on the Contract for Sale of Business and negotiate amendments with the seller’s lawyers, in order to ensure that the terms and conditions of the contract are reasonable and protect your interest. They can also assist with drafting and advising on other legal documents which may be involved in the transaction, including leases, loan documents, franchise agreements, employment contracts and contracts with third parties.


3. Regulatory Compliance

Different industries have specific regulations and licensing requirements. A business lawyer can guide you through the regulatory landscape, to ensure you are complying with all laws, licenses, permits, and other legal obligations. 


4. Dispute Resolution

If any disputes or disagreements arise during the buying process or after the acquisition, a business lawyer can represent your interests, negotiate settlements, or guide you through alternative dispute resolution methods.


It's important to consult with a qualified business lawyer to obtain advice based on your specific circumstances.


At Kells, our business lawyers provide tailored guidance to ensure a smooth and legally sound transaction.

Kells has been delivering outstanding services and legal expertise to commercial and personal clients in Sydney and the Illawarra region for more than five decades. Our lawyers are savvy and understand your needs.

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