Business Purchase and Sale Lawyers in Brisbane
Buy or sell a business with contract risk mapped early, lease assignment under control, franchise consent managed and settlement mechanics clear.
Ensure Legal assists buyers and sellers with business sale agreements, due diligence, assignment of lease, franchise and licensing documents, settlement adjustments and completion.
Buy-side
Due diligence, contract review and risk conditions.
Sell-side
Contract preparation, disclosure and completion control.
Lease transfer
Landlord consent, assignment and release issues.
Franchise
Franchisor consent and franchise documents.
Contract
Due diligence
Lease transfer
Franchise
Legal support for your business transaction
Buying, selling, franchising and lease assignment involve different documents, consent requirements and deadlines. Identify the steps that affect your transaction before committing to a timetable.
Buying a business is not only about the price.
We help review the business sale agreement, identify conditions needed before you are locked in, examine lease assignment requirements, review franchise or licensing documents, and coordinate settlement so the legal steps match the commercial timetable.
Selling requires clean documentation and controlled risk.
We prepare and review sale documents, manage buyer enquiries, assist with landlord or franchisor consent, check completion conditions, and help structure settlement adjustments and handover obligations.
Franchise transactions usually involve a separate consent process.
We review franchise agreements, disclosure materials, transfer documentation and conditions imposed by the franchisor, so the business contract does not move ahead without the franchise pathway being clear.
The lease can decide whether the transaction can settle.
We help manage landlord consent, assignment documents, bank guarantees, personal guarantees, make-good issues and release of outgoing tenant obligations where relevant.
The legal work sits across the whole deal.
Contract review and drafting
Sale agreements, special conditions, deposits, restraint clauses, warranties and completion obligations.
Legal due diligence
Review of legal, lease, licence, franchise, PPSR, equipment and operational risk points. Read our due diligence guide for Queensland business buyers.
Lease assignment
Consent process, assignment of lease deeds, guarantees, landlord conditions and timing.
Franchise and licensing
Franchisor approval, transfer documents, disclosure materials and licence conditions.
Settlement adjustments
Stock, plant and equipment, employee entitlements, rent, outgoings and completion statements.
Completion and handover
Document exchange, releases, authority transfers, keys, records and post-settlement obligations.
Do not inherit a problem business.
- Check the contract before signing
Conditions should match finance, due diligence, landlord consent and franchise approval. - Review what is actually being bought
Assets, goodwill, stock, equipment, licences, intellectual property, supplier arrangements and employees may all need separate treatment. - Control consent timing
Lease assignment and franchisor approval can affect whether settlement is realistic. - Confirm settlement mechanics
Adjustments, releases, guarantees and transfer documents should be settled before completion day.
Prepare the exit before the buyer finds leverage.
- Prepare sale documents early
A clean contract and document pack makes buyer enquiries easier to manage. - Manage warranties and restraints
Seller promises, restraints, training obligations and post-completion support should be carefully scoped. - Handle landlord and franchisor approvals
External approvals can delay settlement if left too late. - Resolve handover obligations
Stocktake, staff, records, keys, licences and supplier notices should not be left informal.
A cleaner path from negotiation to settlement.
01
Initial review
02
Contract position
03
Consent pathway
04
Settlement preparation
05
Completion
Transaction-specific issues
Commercial advice should be tied to the transaction, not just the template.
Goodwill and business name
Clarify exactly what goodwill, names, social channels, phone numbers, records and customer-facing assets are transferred.
Premises and landlord
The buyer may need a functioning lease transfer before the business can continue operating from the premises.
Plant, equipment and stock
Separate included assets, excluded assets, stocktake method, leased equipment and PPSR searches and security release requirements. Understand the distinction between an asset purchase and a share purchase.
Training and handover
Seller assistance, staff transition, supplier introductions and post-completion obligations should be written clearly.
Questions clients usually ask before signing.
Before buying or selling a business, understand the contract conditions, lease requirements, consent process and settlement obligations.
Ideally before signing anything or accepting a binding offer. A short review before signing can help identify missing conditions, unrealistic dates, lease issues, franchise consent requirements and settlement risks.
Usually no. A business transaction may also involve lease assignment, franchisor consent, licences, PPSR releases, equipment documents, employee issues, stocktake, settlement statements and handover obligations.
For many businesses, the premises are critical. If the landlord does not consent, if guarantees are not released, or if the lease terms are unsuitable, the transaction may not deliver what the buyer expects.
The legal review commonly includes the sale contract, lease, franchise or licence documents, PPSR, ownership of assets, employee arrangements, key supplier/customer arrangements, plant and equipment, stock and completion obligations.
A seller should prepare the contract position, lease materials, asset list, equipment details, stock process, employee information, licences, franchise materials where relevant, and a clear handover plan.
Yes. Ensure Legal can review relevant franchising and licensing documents and assist with franchisor consent and transaction conditions where applicable.
Tell us whether you are buying or selling and which documents are involved. The quote depends on the sale agreement, asset or share structure, lease or franchise documents, due diligence, required amendments, negotiations and settlement work. Ask us to confirm the fee basis, scope and any search fees or other disbursements in writing.
Ask us to confirm whether the engagement covers document review and advice only, or also drafting amendments, negotiating with the other party, consents and settlement. Any additional documents or work should be agreed before that work starts.
State the signing deadline and proposed settlement date, whether anything has been signed or a deposit paid, the parties, business type and premises, available contract and lease documents, and the help required. We will confirm availability and how to provide documents; do not send confidential material until we confirm we can act.