Legal services

Business Conveyancing

Direct answer

What is business conveyancing?

Business conveyancing is the legal work involved in transferring a business from a seller to a buyer. Cimino & Cimino can act for a buyer or a seller in a Victorian business transaction, including the agreed due diligence scope, sale contract, premises and lease issues, conditions, adjustments and completion documents.

When to act: Obtain legal advice before signing a heads of agreement, offer, sale contract, lease assignment or vendor-finance document. Early advice helps identify which commercial, legal, accounting and tax questions must be resolved before the parties become bound.

Business purchase and sale work we can assist with

  • Reviewing, preparing and negotiating a business sale contract
  • Defining and conducting the agreed legal due diligence scope
  • Identifying assets, stock, intellectual property, licences and key contracts included in the transaction
  • Considering PPSR, security, restraint, warranty, indemnity and condition-precedent issues
  • Reviewing premises arrangements, including a lease transfer, assignment, new lease or landlord consent
  • Addressing employee, supplier and customer contract transition issues within the legal retainer
  • Preparing agreed vendor-finance and security documents where required
  • Checking adjustments, releases and completion deliverables and coordinating completion

How the matter usually progresses

  1. Confirm the transaction

    We identify whether we are acting for the buyer or seller, the business and assets involved, the proposed structure and any immediate deadline.

  2. Set the review scope

    We agree the legal due diligence and document work required and identify accounting, tax, finance or valuation questions for the appropriate adviser.

  3. Contract and conditions

    We review, prepare or negotiate the contract and address conditions such as finance, landlord consent, licences, training or approvals.

  4. Prepare completion

    We coordinate documents, searches, releases, adjustments, security arrangements and other agreed deliverables.

  5. Complete and hand over

    We complete the legal transaction and confirm the agreed post-completion documents or steps.

What to send for an initial business conveyancing discussion

  • Any heads of agreement, offer, term sheet or draft sale contract
  • The legal names of the buyer, seller and business entity
  • A summary of the assets, stock and intellectual property being transferred
  • The premises lease, proposed assignment or new lease terms
  • Details of finance, vendor finance or security proposed
  • The intended signing and completion dates and the accountant’s contact details

Common questions

Frequently asked questions

When should a business buyer or seller involve a lawyer?

Before signing a heads of agreement or other commitment. Early legal input can help define conditions, due diligence, the assets being transferred and the steps needed for premises, finance and completion.

Do you act for business buyers and business sellers?

Yes. Cimino & Cimino can act for a buyer or a seller, subject to the usual conflict and engagement checks. The work and risk focus differ depending on which party we represent.

Does business conveyancing include the premises lease?

It can. A business transaction may require a lease assignment, landlord consent, a new lease or another occupancy arrangement. The premises documents should be reviewed alongside the sale contract.

Is legal due diligence the same as accounting or tax advice?

No. Legal due diligence addresses the agreed legal issues and documents. Financial performance, valuation and tax questions should be reviewed by the buyer’s or seller’s accountant, tax adviser or other appropriate professional.

Can a business sale include vendor finance?

Yes, if the parties agree. The payment terms, security, guarantees, defaults and enforcement consequences should be documented carefully and considered with financial and tax advice.

Further information

More about this service

This page contains general information only and is not legal advice. The legal work and advice required depend on the documents, parties, transaction and current law. Other professional advice may also be required.

Need assistance?

Get legal advice before committing to a business purchase or sale.

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