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 sale is conditional upon a satisfactory due diligence, and the buyer will have the right to terminate the agreement during this period upon written notice to the seller.
  • The parties will each be responsible for their own closing costs.
  • All taxes, rents, income, costs and assessments for the year will be prorated as of the closing date.
  • The parties mutually indemnify each other against claims and liabilities.
  • Earnest money deposits will be held by the escrow agent until closing, with interest accruing to the buyer.

You can easily customize the Arizona RV Park Purchase and Sale Agreement to meet your specific requirements. Save hundreds on legal fees by doing it yourself.


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 any of the Purchased Assets shall only be assignable with the consent or approval of any other third party (a "Third Party Consent"), the Vendor shall not be considered to be in breach of any of its obligations or to be in breach of any representation or warranty made with respect to this Agreement provided that within ________ days of the Closing Date, the Vendor shall:

(a) use all reasonable efforts, in cooperation with the Purchaser, to secure any Third Party Consent required in connection with the assignment of such Purchased Assets; and

(b) pending the effective transfer thereof, hold all rights or entitlements to such Purchased Assets in trust for the exclusive benefit of the Purchaser, provided that the Purchaser shall pay, perform and discharge all obligations arising or accruing with respect thereto during the time that the Vendor shall hold such Purchased Assets in trust.

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 vendor (seller), and the vendor is responsible for invoicing and collecting the receivables.

The Asset Purchase Provisions for Management by Purchaser can be used as a means to transition the business operations from the seller to the buyer.


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 part of the documentation required for the sale of the business.

Save time and money by preparing your documents yourself. It's easy with the Assignment of Business Assets form - download, fill in, print and sign.


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 from the time of closing on.

This Assumption of Obligations Agreement is not country-specific and can be used anywhere. Downloadable and editable to meet your needs.


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 applicable laws.
  • The buyer covenants to treat all information as confidential, and to carry sufficient hazard and liability insurance until the promissory note is paid in full.
  • The sale is conditional upon the buyer being provided with, and being satisfied with, information and records of the business.

You can pay a solicitor a lot of money to prepare your paperwork. Or you can save money by downloading the Australia Agreement for Sale of Business.