In business and your personal life there'll be times where you will be involved in a major purchase or transaction, that is, you may buy or sell something and in doing so you will need (or should get) legal assistance.
In matters where the value of the goods are substantial, or there are other risks and obligations that may be imposed on you, or if you are a business and selling goods to the public, you may require legal advice.
Some examples include the purchase or sale of a business, this can be by way of a share transfer, or buying another person's interest in a business and buying an asset of a business, such as a list of clients. It can also include the sale or purchase of a high-value asset.
Another area relevant to commercial transactions is buying or selling a franchise, which can be complex, costly and involve substantial prudential documentation.
The process can include negotiating a sale or purchase, that is getting the best deal, it may also include drafting the documentation to record the sale or purchase. Once the deal is done, issues may arise in negotiating and acting for you in relation to enforcing your rights in the transaction.
Adams Wilson's business transaction experience
Our lawyers can offer advice and representation that is timely, legally correct, practical and strategic that will enable your business venture to be successful in negotiating and documenting commercial transactions.
Commercial Agreements & Contracts
Our lawyers have experience in drafting commercial sale agreements for national and international retailers in Australia, New Zealand, the Pacific Islands, Vietnam, China, the United Kingdom and the United States of America.
Properly drafted Commercial Agreements include suitable and enforceable:
- Romalpa clauses (Transfer of Title clause);
- Clauses to protect a purchasing party in accordance with the Nemo Dat Rule
- Clauses to ensure compliance with consumer law and restrictive trade practices.
We have also acted for franchisees and franchisors in the sale and purchase of franchises and advising in regards to compliance obligations.
Commercial Transaction Services
We offer the following services:
- Advice and drafting of Sale Agreements, Purchase Orders, Import and Export Agreements and financial documentation, and also advise on what may be the optimal business document for your business transaction
- Advice and drafting of financial and loan documentation regarding the obligations and rights you or others may have in a business arrangement or transaction, including mortgages, personal guarantees, bank guarantees, bills of exchange and promissory notes
- The advice in regards franchises for both franchisees and franchisors
- Advice and representation in disputes regarding these commercial transactions
If you are thinking of buying or selling a business, buying or selling a substantial asset, or entering into a substantial financial commitment, then you should speak to or email one of our experienced commercial lawyers and discuss the costs and benefits of different business transactions and the documentation that may be the best for your business venture. You can also browse through our Commercial Transaction FAQs for some general information.