We have expertise in all areas of commercial law, including retail shop & commercial leases, the transfer of businesses and business’ assets, franchises, and the sale and purchase of commercial property.
Buying and Selling a Business
The legal complexities involved in the sale and purchase of businesses are numerous.
They can include franchising issues, due diligence enquiries, confidentiality and employment issues, the assignment of leases or the transfer of commercial land and buildings, the transfer of stock, the registration and transfer of business names and other intellectual property, such as trademarks and other licenses, not to mention ensuring you put in place an appropriate business structure for taxation purposes and to minimise any risk which may arise over the course of the business’ operations!
The process can be exhausting! If it’s not managed properly, it can also be expensive and fraught with risk.
Why take the gamble? Avoid the stress and legal complexities and contact us today. Your transaction will be conducted by a solicitor with extensive experience in this complex area.
We will ensure that you fully understand the terms of your Contract, the steps that need to be performed, and recommend to you any due diligence enquiries which you should make. We will also speak with you, and write all of our letters, in plain English so that there is no confusion about what is involved in your transaction.
Retail Shop Leases
Whether it is a new lease, or you require advice on an existing lease, we have successfully navigated thousands of businesses through the legal complexities of retail shop leases.
We act for landlords and tenants, which gives us a unique perspective of retail shop leases from both sides of a transaction.
If you are a tenant, we will advise you about the entire process, from start to finish, including your disclosure obligations under the Retail Shop Leases legislation. We will also ensure that you are aware of, and understand, all important obligations under your lease so that you can focus on your business with peace of mind that you will not encounter any nasty surprises. In particular, we are astute to such issues as options to renew, turnover rent, rent reviews, assignment, and unlawful interference & compensation issues.
If you are a landlord, we will ensure that you comply with your disclosure obligations, and that you also receive timely and accurate advice about including certain clauses in the lease to protect your interests. This may include advice about obtaining any personal guarantees or a security deposit from your tenant.
Commercial Land & Buildings
As with residential conveyances, it is always better to get advice on a Contract before it is signed. This will ensure that a transaction to buy or sell commercial land or a building runs smoothly to settlement. In most cases, there is no additional cost for receiving this advice from us.
If you are a buyer, we will also be able to provide you with advice about including certain special conditions in a Contract, plus advice about planning issues and the range of searches which can be conducted to ensure that you are getting exactly what you pay for, without any nasty surprises. These searches may include environmental management and contaminated land searches.
Don’t take any risks. Rely on our experience to navigate these complex issues on your behalf. Contact us on (07) 4616 9600, or via our contact page.