Whether you're buying your first business or selling the one you've built, the contract and the checks behind it decide what you actually get — and what you're still on the hook for afterwards.
We act for buyers and sellers of small and medium businesses across Western Australia, including retail and hospitality, trades and services, professional practices, franchises and online businesses.
How we help
- Reviewing offers and heads of agreement
- Legal due diligence
- Drafting and negotiating the sale contract
- Assigning or renewing the premises lease
- Transferring staff, contracts, licences and IP
- Restraints of trade and settlement
Good to know
- Due diligence before you're committed
- Check the lease, key customer and supplier contracts, licences, staff entitlements, disputes and exactly what's included — goodwill, stock, equipment, intellectual property and online accounts.
- The lease is often the main asset
- The landlord's consent to the lease being assigned is usually a condition of the sale, and the time left on the lease affects what the business is worth.
- Staff entitlements
- Agree which employees transfer and who pays their accrued leave. It's usually adjusted at settlement.
- Restraint of trade
- Buyers need the seller not to open up in competition nearby. A restraint must be reasonable in area and time to be enforceable.
General information current at October 2026, not legal advice. Laws, thresholds and fees change — get advice on your circumstances.
Questions
When should I involve a lawyer?
Before you sign anything — including heads of agreement or an offer. Documents described as “non-binding” can still contain binding terms, and it's easiest to negotiate before the deal is locked in.
Share sale or asset sale?
In an asset sale the buyer takes the business and chosen assets; in a share sale the buyer takes the whole company, including its history and liabilities. The tax outcome often decides it, so involve your accountant early.
How long does buying a business take?
Typically four to twelve weeks from signing to settlement, depending on finance, due diligence, the landlord's consent and any licence transfers.
Do you act for sellers too?
Yes. We prepare the sale contract, deal with the buyer's lawyers and the landlord, and limit your exposure under warranties and the restraint.