Buying and selling a business in Newcastle and the Hunter

We handle due diligence, the contract of sale and settlement, so the deal completes cleanly.
Business owner signing a contract of sale in Newcastle

When you buy or sell a business, the contract of sale decides exactly what changes hands. We run due diligence, prepare or review the contract, and manage settlement, including the transfer of the lease, licences, staff and stock. We act for buyers and sellers from our offices in Newcastle, and for clients across NSW and interstate.

How we help

A business sale is rarely just about the price. We make sure the deal protects you well after settlement. We:

  • Run or guide due diligence so there are no surprises.
  • Prepare or review the contract of sale and the warranties that protect you.
  • Advise on an asset sale versus a share sale.
  • Manage settlement and the transfer of the lease, licences, staff and stock.

Why buyers and sellers choose Mullane Lindsay

Our business transactions work is led by Lachlan Page. Since 1976, we have acted for buyers and sellers, from owner-operated businesses to larger entities. We keep a commercial perspective throughout, because the best legal outcome is not always the best commercial one.

What is due diligence?

Due diligence is the checking you do before you buy: the financials, the lease, key contracts, employees, licences and any liabilities. It lets you confirm the business is what it appears to be, and gives you grounds to renegotiate the price or walk away if it is not. We tell you what to ask for and what the answers mean.

Asset sale or share sale?

A business can be sold by selling its assets, or by selling the shares in the company that owns it. The choice affects your risk and your tax. In an asset sale you generally take the assets you want; in a share sale you take the company as it is, liabilities and all. We advise on the legal differences and work with your accountant on the tax considerations.

FAQs

Typically an offer and negotiation, due diligence, a contract of sale with warranties, satisfying conditions such as finance and landlord consent, then settlement and the transfer of the lease, licences, staff and stock. We manage the legal steps from start to finish.

It is your chance to verify the business before you are committed. Good due diligence uncovers problems with the financials, lease, contracts or staff, and gives you the leverage to renegotiate or withdraw. Skipping it is where buyers most often come unstuck.

In an asset sale you buy chosen assets and generally leave the liabilities behind; in a share sale you buy the company whole, including its history and liabilities. Which is better depends on the business, the risk and the tax, which is why we advise alongside your accountant.

They are the seller’s promises about the business and the protections if those promises prove wrong. Warranties allocate risk and can support a claim or price adjustment; an indemnity is a promise to cover a specified loss. Getting them right is much of what protects a buyer after settlement.

Meet Your Team
Lachlan Page

Lachlan Page

Director and Practice Group Leader, Commercial and Business
Our Services

Strategic legal guidance when it matters most.

We start with a confidential conversation. There is no jargon and no pressure, just a clear sense of your options and what we would do next.