Buying or Selling a Business

Buying or selling a business can be a complicated process. Let us give you a hand with these affordable template contracts, forms and checklists.

When you buy or sell a business, it's not just the employees, plant and inventory that gets transferred. It is also the customers, the goodwill, the brand, the corporate culture, and all the intangibles that form the relationship between the business and its community. Much of that culture has been developed and handed down by the originators of the business.

If you are the buyer, ask yourself if you will be able to maintain the relationships that the previous owner has formed, and continue to build the brand going forward. If you're the seller, how important is it to you that the culture, vision and goals of the business be preserved by the new owner?

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Arizona RV Park Purchase and Sale Agreement

Buy an RV park in Arizona with this comprehensive Purchase and Sale Agreement template.

  • The property being sold includes the land on which the park is located, all personal property belonging to the business, leases and intangibles, the business name, licenses and permits, and all documentation connected with the development and operation of the RV park.
  • The buyer will have a specified time period during which to inspect the site and perform its due diligence. The sal.....

Asset Purchase Clause - Consent Required for Assignment

This is an optional Consent of Third Party clause which can be inserted into an Asset Purchase and Sale Contract, for circumstances where the consent of a party other than the purchaser or seller is required before the assets can be assigned.

Download the clause in MS Word format, or copy and paste the text below.

Consent of Third Party Required for Assignment of Assets

Notwithstanding any other provision contained herein, if.....

Asset Purchase Provisions for Management by Purchaser

Add these provisions to your Asset Purchase and Sale Agreement to provide for management of the business by the purchaser in the period prior to the closing.

  • The purchaser will take over managing the business between the effective date of the Asset Purchase Agreement and the closing date.
  • The provisions set out the particulars of how the business is to be operated, and what the purchaser's responsibilities are.
  • Accounts receivable remain the property of the .....

Assignment of Business Assets

Transfer and assign the ownership of all assets of a small business from a seller to a purchaser with this downloadable Assignment of Assets template.

  • The seller assigns its business assets to the purchaser without any set-off.
  • The seller certifies the accuracy of the records and accounts being assigned.
  • The business assets being assigned will include all of the accounts payable, contracts, leases, inventory, and good will.
  • The assignment forms par.....

Assumption of Obligations Agreement

An Assumption of Obligations Agreement is used in the purchase of a business when a buyer has agreed to assume the obligations and liabilities of the business following the closing.

  • The purchaser agrees to assume and perform the obligations specified in the agreement after the closing.
  • Each of the parties indemnifies the other party against claims or actions, with the seller indemnifying the buyer up until the time of closing, and the buyer indemnifying the seller fro.....

Australia Agreement for Sale of Business

Sell the assets, goodwill and inventory of an Australian business with this template Agreement for Sale of a Business.

  • The business is being sold as a going concern.
  • The balance of the purchase price, after the down payment and earnest money deposit, will be secured by a promissory note which is included in the package.
  • The seller makes certain representations and warranties regarding the business and its operations, including compliance with all app.....

Australia Share Purchase Agreement

Sell of the shares of an Australian corporation to a purchaser under the terms of this Share Purchase Agreement which includes State-specific trade restraint clauses.

  • If required by the purchaser, the parties will jointly conduct a stocktaking of the business before completion of the transaction.
  • Any disputes with respect to the stocktaking will be referred to an expert valuer.
  • The vendor is liable to pay the amount of any loss arising from a reduction in .....

Broker Contract for Sale of Business

Prepare an Agreement for Sale of Business between a business broker and a client with this fully editable template.

  • The broker will list the business for sale, identify potential buyers and act on behalf of the seller to complete a sale.
  • The broker's commission rate will be calculated as a percentage of the sale price or a minimum fixed rate, whichever is more.
  • The seller grants the broker a lien over the business assets until the commission is paid in fu.....

Business Evaluation Checklist

Before deciding whether or not to buy a particular business, use this free Business Evaluation Checklist to get answers to relevant questions, such as:

  • Why is the current owner selling?
  • What are the revenues for the past 5 years?
  • Was the business profitable, and if not, how deep were the losses?
  • How much bad debt has been written off over the past 5 years?
  • How large is the customer base?
  • What is the growth potential?

Business Viability Analysis Checklist

How viable is that business opportunity you are planning to pursue? Review all the important issues you should consider beforehand with this Business Viability Analysis Checklist.

The checklist includes such topics as:
  • performing an industry analysis,
  • evaluating your relevant business experience,
  • intellectual property audits,
  • laying out your marketing strategy.
This Business Viability Analysis Checklist is provided in MS.....