201906.24

A Guide to Buying a Leasehold Motel

There are essentially two ways in which to purchase a motel.  You can either buy the business and the freehold, or the business and the leasehold.  This article will focus on buying a leasehold motel.  If you intend to purchase the leasehold, you are buying the right to occupy and conduct the business on the…

201905.28

A Guide to Buying or Selling a Rent Roll

The sale or purchase of a rent roll involves different considerations to many other types of businesses due to the nature of the assets being sold and the way rent rolls are valued. 1. Valuing a Rent Roll The value of a rent roll is usually determined by applying a multiplier to the annual management…

201904.11

A Guide to Probate and Letters of Administration

The administration of a deceased estate can be a complex and emotional task for a legal personal representative. At Avery Commercial Lawyers, we regularly advise executors and administrators in relation to administering deceased estates, and applying for probate and letters of administration. 1. Who is an Executor? An executor is a person who has been…

201902.20

Fake News: False, Misleading or Deceptive Statements in Business Sales

The making of inaccurate, misleading or deceptive statements or representations by vendors (and their agents) in the context of business sale transactions can give rise to different rights and remedies for aggrieved purchasers under legislation and the common law. Whilst the cause of action relied upon by a disgruntled purchaser will depend upon a range…

201807.18

4 Steps to Prepare your Business for Sale

The successful sale of a business can be greatly enhanced by some pre-planning before the sales process commences. If you want to achieve the best price, and have an efficient sale process, then your business needs to be ‘sale ready’. 1. Find your Team First, speak with your network to identify the right team of…

201601.28

A Short Guide to Selling your Industrial Business

The sale of an industrial business such as manufacturing, wholesale, import, distribution and B2B will generally give rise to different legal issues to the sale of a retail business due to the nature of the assets being sold, the structure of the sale, and the financing and valuation of stock. Asset or Share Sale It’s…

201508.24

A Tenant’s Guide to Commercial Leasing

In the context of operating a business, leasing costs will often represent one of the biggest expenses, next to wages. Importantly, too, the lease will often be critical to the viability of a business, particularly in a retail context. As such, before you enter into a lease, it’s important to appreciate that rent is only…

201503.19

Restraints of Trade: Protecting Goodwill

A restraint of trade (also known as a restrictive covenant) is a clause that seeks to restrict a party from engaging in a particular form of business or commercial activity. The underlying purpose is to protect a party’s business from competition.  Some common examples include: sale of business agreements where a vendor (and its directors)…

201501.16

Legal Guide to Buying a Commercial Property

The purchase of a commercial property will usually require a more detailed investigation into the contract terms, the title and planning information, and the lease terms than may be the case for the purchase of a residential property. A competent property lawyer should be able to assist you with understanding the principal terms of the…

201501.15

Buying a Franchised Business

Franchising is a business model whereby the franchisor grants to the franchisee the right to operate a business utilising a trade name and business system.  The franchisor usually exercises a high degree of control over the franchisee through established management, marketing and operating procedures. Franchising has been successful as it usually provides a tried and…