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Buying or Selling a Business or Franchise in Western Sydney? Start with Due Diligence.
Whether you’re selling a long-standing business or buying into a new venture, the right legal advice can make all the difference. At Fred Kalouche & Associates, we help business owners and investors across Granville, Parramatta and Western Sydney navigate the legal complexities of business sales and purchases, protecting your interests from negotiation to settlement.
Our commercial lawyers ensure the transaction is legally sound, commercially fair, and free of hidden risks. We guide you through due diligence, sale contracts, lease transfers, and all regulatory requirements.
Why Due Diligence Matters
Due diligence is the foundation of any successful business transaction. It provides legal and commercial protection to both parties, helping to identify risks, confirm compliance, and assess whether the deal is fair and viable.
By engaging us early, you gain a trusted legal team that can manage, negotiate and guide the entire process on your behalf. Our goal is to help you move forward with certainty and confidence.
What You Should Consider Before Buying or Selling a Business
Every business is unique, which is why we tailor our legal advice to your specific situation. Key considerations include:
• The type of industry the business operates in
• Any regulatory or statutory requirements
• Size and location of the business
• Operational structure and daily activities
• Employment arrangements and Fair Work compliance
• The role of intellectual property in the business
• Ownership and condition of assets
• The use of land and lease terms
How We Help You Prepare for the Sale or Purchase
Our legal team can assist in preparing a Heads of Agreement in the early stages of the transaction to establish a binding outline before formal contracts are drafted. We then conduct a thorough due diligence process to safeguard your position.
Due diligence typically includes reviewing:
• Company structure and governance documents
• Business licenses, permits and approvals
• Commercial contracts with suppliers or customers
• Employment contracts and staff arrangements
• Equipment condition and warranties
• Financial records and obligations
• Business loans or finance agreements
• Commercial leases and property documents
• Active legal matters and insurance policies
• Intellectual property and trademark registrations
• ASIC and company searches
Lease Transfers and Business Premises
If the business you are buying operates from leased premises, it is critical to review the terms of the lease. We examine key clauses such as rent increases, termination rights, required repairs, indemnities and renewal options to determine if the lease is favourable.
We can negotiate lease terms with the landlord and assist with the lease assignment or a new lease agreement if needed. It is important to remember that the property owner is under no obligation to make changes simply because the business is being sold.
Licensing and Regulatory Checks
You will need all relevant licenses and approvals to continue operating the business legally. Our lawyers will assess the licenses currently held by the vendor and advise whether they are valid, sufficient or transferable. If changes in law or policy require new applications, we can guide you through the process efficiently to avoid disruption.
We can negotiate lease terms with the landlord and assist with the lease assignment or a new lease agreement if needed. It is important to remember that the property owner is under no obligation to make changes simply because the business is being sold.
Frequently Asked Questions About Buying or Selling a Business
What’s involved in selling a small business?
You will need to prepare financials, employee records, and transfer agreements. It’s also essential to comply with laws around Fair Work, tax and contracts. The selling your business guide is a helpful starting point, but legal advice is strongly recommended.
How do I do due diligence when buying a business?
We help you review key documents such as leases, contracts, employee entitlements, financials and liabilities. See this government resource on buying a business for more.
What’s involved in selling or buying a franchise?
You must comply with the Franchising Code of Conduct, which includes a Disclosure Document and cooling-off period. We’ll explain your rights and obligations clearly.
What happens to staff when a business is sold?
Employee entitlements may transfer depending on the circumstances. Fair Work has guidelines on business transfers and employee rights — we can help you navigate this correctly.
Fred Kalouche & Associates
Looking for a Reliable Dedicated Professional Results-Driven Partner?
Legal challenges can be overwhelming, but you don’t have to face them alone. At Fred Kalouche & Associates, we take the time to listen, understand your situation, and guide you with clarity, compassion, and confidence.
Your peace of mind matters. Let us help you take the next step forward.