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Buying a Business in a Shopping Centre

23 August 2024

Buying a Business in a Shopping Centre: How a Solicitor Can Guide You Through the Process

Acquiring a business in a shopping centre is an exciting venture, but it also involves navigating a complex web of legal obligations and considerations. Engaging a solicitor early in the process can help you avoid potential pitfalls and ensure that your purchase goes smoothly.

Conducting Legal Due Diligence

Before purchasing, it’s vital to conduct thorough due diligence to uncover any potential risks or liabilities. Our solicitors will meticulously review the business's legal documents, contracts, licences, leases, and any outstanding legal issues. We will provide you with clear advice on any concerns and ensure that all legal aspects of the business are in order.

Addressing Financial and Tax Matters

Financial health is a key consideration when buying a business. We will work closely with your accountant to review the financial records and tax history of the business. If there are any potential financial or tax liabilities, we will identify them and advise you on strategies to mitigate these risks, ensuring you are fully informed before proceeding.

Drafting and Reviewing the Purchase Contract

The purchase contract is a critical document that outlines the terms and conditions of the purchase.  It is important that you negotiate any required changes to the terms or conditions of the purchase contract early to ensure your rights and obligations are adequately protected.

Our team will draft or review this contract to ensure it covers all essential aspects, including the purchase price, payment terms, the specific assets being transferred, and any contingencies or warranties.

We aim to provide you with a comprehensive contract that leaves no room for unpleasant surprises.

Managing Licences and Permits

Operating a business in a shopping centre requires compliance with local regulations, including obtaining the necessary licences and permits. Our team will assist you in understanding the requirements, navigating the process of obtaining or transferring these licences, and ensuring that your business complies with all relevant laws.

Reviewing and Negotiating the Lease Agreement

The lease agreement is another crucial document that requires careful scrutiny. It is important to review the terms, including rent, lease duration, renewal options, and any restrictions or obligations tied to the premises. We will assist by liaising with the shopping centre’s solicitors to arrange for the assignment of the lease to you as the new owner, ensuring a smooth transition.

Facilitating Settlement and Transfer

Finally, we will guide you through the settlement process, ensuring all necessary documents are properly executed, funds are securely transferred, and the ownership of the business is legally transferred to you. Our goal is to make sure that your transaction is completed efficiently and without unnecessary complications.

Contact Us Today

If you are considering purchasing a business in a shopping centre, our property law team is here to assist you. Please feel welcome to contact one of our experienced solicitors on (07) 4963 2000 or via the link below to discuss how we can support you throughout the process.