Commercial Conveyancing

Commercial Conveyancing

Buying or Selling a Business? If so you might find the information below useful. But if you simply want to ask us to deal with a sale or purchase for you, call us on 020 3633 4060.

Commercial conveyancing, buying or selling a shop, office, warehouse or any other commercial property is similar to buying a normal house or flat. Just as with a house or flat we check the title and carry out prudent enquiries but commercial property, by its very nature, is often more complicated and there are important differences.

Most commercial property is leasehold. If you are buying, remember, leases are drafted by the landlords solicitors and are often heavily weighted in the landlords favour. The most important time for trying to get a proper balance into the lease is right at the beginning of the negotiations, before you have committed yourself and before the landlord or it's agent really knows you want the property. While they still think they could lose you they are more likely to make concessions. When they know you are committed emotionally even if not legally they will be more likely to play tough.

In an ideal world you would consult us before making an offer. We would then advise you on the terms to try and agree:

If in the enthusiasm of the moment you agree unfavourable terms before consulting your lawyer it is very hard to undo them afterwards.

Points to bear in mind

If you are buying or selling an existing business it is common for the price to be divided up (apportioned) so that part of it is for the lease itself, part for the fixtures and fittings, part for goodwill and part for stock. This can have considerable tax implications as each of these aspects are subject to different tax rules on depreciation and allowances.

Local Councils can be very strict on planning use. We check as well as we can what the current use is and whether it authorises the use you intend. If you need a change of use we can help you with the application. Oddly enough, unless a planning application has been made in relatively recent times, many Councils don't know what planning use applies to individual commercial units and are reluctant to answer a straight enquiry in case they get it wrong.

What is the best way of buying? As a private individual, a partnership or as a limited company. We can advise and if needed prepare a suitable partnership agreement or form a limited company either in the UK of overseas.

At Sayer Moore & Co we have 35 years experience in helping and advising businesses in their property transactions. We want you to succeed so that you remain our client for life.