Tag: Information Memorandum

Buying a Business

November 8, 2009

Following on from my previous blog:

* You should ensure you have access to the business before settlement to be introduced to the clients.

* The Sales and Purchase Agreement should state that risk of the assets passes from the Seller to you on settlement and possession date.

* What type of insurance will you require – Public Liability, Business Insurance, Plant and equipment, Motor Vehicle. Ensure you list everything and obtain the appropriate quotes, generally through a Broker.

* What costs are to be apportioned between you and the Seller at settlement – Rates, Rent, any Licencing fees.

* Will there be a Restraint of Trade – You are entitled to restrain the Seller from competing against you in a similiar type of business generally for two years, and within a certain radius from the premises.

* What types of conditions are required in the Sales and Purchase Agreement – Subject to Finance, Landlord consent, Land Information Memorandum, Due Diligence, Confirmation of accounts.

* Are there any franchise or licence agreements to be assigned.

Stay posted for the final blog regarding purchasing a business. Warm Regards Kim

Land Information Memorandum

August 25, 2009

We highly recommend you obtain a Land Information Memorandum from your Local Council when purchasing a property. The LIM is a valuable document which details the Council records in relation to the property. An application is made to the Council and a fee is payable. The fees vary from Council to Council but when you consider the investment you are undertaking what is the cost of a couple of hundred dollars to get the right information and protect you. Generally a LIM Report will take approximately 10-15 working days to be completed.

Some general information contained in a LIM Report will be:

1. Features of the land, such as potential erosion, slippage or hazardous.
2. Stormwater and sewerage drainage.
3. Rates information.
4. Consents and notices affecting the land and building issued by the Council.
5. Building Certificates.
6. Use of the land.
7. Any pending orders or notices.
8. Any other information the Council deems relevant.

Please note the above is only a brief outline.

We highly recommend you make any Agreement for Sale and Purchase subject to a LIM Report condition and discuss this with your Conveyancing Practitioners.

Warm regards Kim Principal

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