Selling a business can be a stressful time for many business owners. After years of building a business, you’ll need to prepare to say goodbye whilst ensuring you transition the business to the new owners successfully.

Having an experienced lawyer by your side can help you navigate this process effectively. At Dexterity Law, we spend the time to get to know our clients goals, dreams (and fears) related to the sale of their business and work with you to help you achieve those goals. We specialise in guiding clients through business sales, from conducting seller due diligence to negotiating and closing deals.

We’ve assisted a wide variety of Australians sell small businesses with a market value from $50,000 through to $10,000,000 across a range of industries. When it comes to selling your business to maximise its value, and minimise your risk, our team provides the legal expertise you need.

Why Legal Advice is Essential for Business Transactions

Business sales can be complex, with numerous legal and financial risks. Our experienced lawyers help you:

✅ Conduct Seller Due Diligence for Business Sale: We thoroughly assess the your business’ legal position, reviewing contracts, liabilities, and potential risks to ensure risks are properly identified and categorised.

✅ Negotiate a Business Sale: Off the back of our investigation into risks, we seek to protect your position by negotiating terms that safeguard your interests as seller while ensuring a fair deal for the buyer.

✅ Close a Business Sale Smoothly: From preparing sale agreements to ensuring compliance with regulatory requirements, we facilitate a seamless closing process. Our motto to have the deal ‘close and closed’: close to perfect and closed.

Services We Offer in Business Sales

1. Due Diligence for Business Sale

A thorough investigation can help a seller understand the true value and risks of the business they are selling. We will generally work alongside your accountants (and other specialist advisors) to help you understand the risks of the business. As your lawyers we focus our diligence on assessment of legal agreements, intellectual property, and compliance obligations. Our due diligence process ensures you’re making informed decisions and minimising potential liabilities.

2. Drafting and Reviewing Contracts

As seller, having well-drafted agreements is key. We prepare and review sale agreements ensuring your legal rights are protected. The agreement needs to effect the legal transfer of the business, establish how the price will be set and paid, confirm treatment of employees and every other legal aspect of the business.

3. Negotiating a Business Sale

We negotiate terms that align with your business goals, addressing issues such as price, payment structures, and transfer of assets. Our experience helps prevent disputes down the line and maximise favourable outcomes for our clients.

4. Structuring the Deal

We advise on the best structure for your transaction—whether it's an asset sale or a share sale—to reduce your legal risk.

5. Closing a Business Sale

Finalising a business sale requires meticulous attention to detail. We oversee the closing process, ensuring that all legal and financial obligations are met before legal ownership is transferred.

Common Legal Pitfalls in Business Sales

Failing to seek legal advice can lead to costly mistakes. Some of the most common pitfalls include:

• Inadequate Due Diligence: Overlooking key risks can result in unexpected liabilities if the buyer comes back with valid complaints.

• Poorly Drafted Agreements: Ambiguous terms can lead to disputes or unexpected obligations. Business sales are frequently the subject of disputes if either party feels misled by the process, or important aspects of the business were not given due consideration.

• Failure to Protect Intellectual Property: IP rights must be properly transferred to avoid future claims. Failure to secure these assets may see competitors enter and reduce the goodwill of the business (again leading to claims by frustrated buyers).

At Dexterity Law, we help you avoid these issues by providing clear, practical advice at every stage of the transaction.

How Our Lawyers Help You Sell Your Business

If you're selling a business, maximising value while protecting yourself from future claims is essential. Our lawyers assist with:

✅ Preparing a business for sale, ensuring all legal and compliance aspects are in order.

✅ Drafting sale agreements that include adequate warranties and indemnities.

✅ Advising on potential legal implications and structuring the sale effectively.

Recent examples

Below are a list of recent transactions that Pippin Barry (JD, BA, Unimelb), as principal of Dexterity Law, advised upon:

• a $5,000,0000 sale of an e-commerce consumer goods business to a US-based purchaser (2022);

• a $6,500,000 acquisition of a quarry in rural Victoria, Australia (2024);

• a $200,000 acquisition of a clothing wholesaler in Melbourne, Australia (2024);

• a $450,000 purchase of a phsyiotherapy practice in Brisbane, Australia (2024);

• a $100,000 purchase of the assets of an accounting practice in Melbourne, Australia (2023);

• a $500,000 purchase of a carpet installation business in Melbourne, Australia (2023).

Why Choose Dexterity Law for Your Business Purchase or Sale?

With years of experience advising Australian businesses, Dexterity Law understands the intricacies of business transactions. We provide:

Tailored Advice: Every business is unique, and we offer bespoke legal solutions to meet your needs.
Strategic Negotiation: Our team negotiates fiercely to protect your interests and secure the best possible outcome.
Comprehensive Due Diligence: We leave no stone unturned, ensuring all risks are identified and addressed.

Ready to Buy or Sell a Business?

Whether you’re acquiring a new venture or preparing to sell your business, Dexterity Law is here to help, reach out using the button below.

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