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Business Sale Lawyer and M&A

If you need a business sale lawyer, our M&A legal team can help. Our contract lawyers draft, review and negotiate business sale agreements and share sale agreements.

A business sale agreement is a contract for the sale of a business. The contract allows for the sale of business assets or the sale of shares. Business assets that are being sold may include trade secrets, goodwill, intellectual property rights, inventory and equipment.

Our business sale lawyers have extensive experience in preparing business sale contracts and negotiating terms. We offer M&A legal services for buyers and sellers of businesses.

We help our clients throughout the process, from letters of intent, commercial leases, employment contracts, due diligence and disputes.

Contact us for a free consultation

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Our Business Sale Legal Services

Drafting Business Sale Agreements

Our M&A lawyers draft business sale agreements.

It is important to have the right documents in place. Consider whether a terms sheet, heads of agreement, or a non-disclosure agreement may be necessary.

Our team of lawyers draft, review and negotiate asset and share sale agreements. We can prepare bespoke documents to suit the sale of small businesses or larger business sale transactions.

Due Diligence Process

Due diligence allows potential buyers to review business records.

This helps identify potential risks and enable buyers to confirm they wish to proceed with buying the business.

Our business lawyers provide services to sellers to help them comply with their due diligence obligations.

Negotiating Business Sale Contracts

Our experienced M&A lawyers draft, review and negotiate business sale agreements and share sale agreements.

We will work with you to ensure legal terms are appropriate, including the purchase price, warranties, conditions precedent, indemnities, and guarantees.

Our lawyers ensure that business sellers fully understand the terms of the business sale contract. This enables sellers to make informed decisions.

Ensuring Settlement Runs Smoothly

Settlement occurs when a business sale is finalised and the purchase price is paid. We work with our clients to ensure this process runs smoothly.

Our business sale lawyers will ensure the right documents and property are transferred to the buyer. Everything needed for settlement to take place will be organised for you.

Why Choose Our Legal Team?

Fixed legal fees for business sale contracts

Our business sale legal services are offered on a fixed fee basis. Our clients know how much they will pay for our services upfront. We pride ourselves in giving our clients a positive experience and doing away with unknown legal bills.

We are a top-rated contract law firm

There are lots of options when it comes to choosing legal experts. At Prosper Law, our M&A lawyers have built a large portfolio of clients, receive excellent reviews and have repeat clients.

Take a look at our reviews and find out why clients across Australia choose us.

We work with some of Australia’s largest companies

Our law firm packs a punch when it comes to the calibre of clients we work with. Our clients include international retailers and distributors and big brands.

Australian companies seek legal advice from Prosper Law because of our experience in drafting, reviewing and negotiating agreement terms.

Meet our Contract Lawyers

Our team of contract lawyers are skilled negotiators and are experienced in M&A law.

Meet our team of professional contract lawyers – you’ll be glad you did.

employment lawyer and workplace investigation

Farrah Motley


Farrah has worked on share and asset business sales. Farrah looks at the big picture to provide legal solutions that work.

Micaela Diaz, Associate Lawyer I am an Australian-qualified lawyer with experience spanning multiple industries and jurisdictions.

Micaela Diaz

Associate Lawyer

Micaela uses her business degree and qualifications to bring practical solutions to business contracts.

Krystal Parle | Senior Lawyer - I hold a Bachelor’s Degree in Law from Queensland University of Technology. I am also a Queensland Justice of the Peace.

Krystal Parle​

Senior Lawyer​

Krystal works with our clients to prepare M&A documents are that are clear and easy to read.

Courtney is a highly qualified lawyer with years of experience in managing employment law matters

Courtney Lambert

Senior Lawyer

Courtney is a senior lawyer with top tier experience as a business sale lawyer and M&A. 

What our clients say

Holly Teague
Holly Teague
Big Thank you to Krystal and Prosper Law for expediting my employment contract and getting it back to me within 48 hours. Would definitely recommend if you are looking for an employment lawyer.
Larissa Rogers
Larissa Rogers
I came across Prosper Law while searching for an Employment Lawyer for a recent dispute. I had the pleasure of working with both Krystal and Farrah and I am extremely grateful for their attention to detail and guidance throughout my matter.
Yatin Kulkarni
Yatin Kulkarni
Absolutely fantastic work by Carlyn Sicat and Farrah Motley by turning around the review of my Contract within 24 hours. Crystal clear recommendations and therefore didn't need any follow up. Highly recommended recommend them if you need an employment lawyer!
Connor Summers
Connor Summers
Our business needed urgent legal advice for several employment law matters. Prosper Law’s employment contract lawyers were quick to respond, offered a fixed fee price for their legal services and were able to achieve a great result for our business. For any employers looking for a quality employment law firm, we highly recommend the team at Prosper Law.
Jane Gentle
Jane Gentle
If you are looking to hire a legal counsel on retainer, I highly recommend the Prosper Law legal team. Having engaged with Prosper at work over the past 5 months, I have found them to be great in-house lawyers and who know their stuff when it comes to contract reviews, employment law advice and marketing and consumer law… and they’re reasonably priced
Liam Devonshire
Liam Devonshire
I needed a business sale lawyer to help me sell my business on short notice. They drafted a business sale agreement for me. Courtney was quick to reply, explained the process to me and was great to deal with. If anyone is after a good M&A lawyer, definitely reach out to Prosper Law.
I needed the advice of a contract lawyer based in Sydney quickly for a difficult client contract. Farrah responded to my query very quickly and efficiently and helped me resolve the liability issue with the client in a very short time. I highly recommend her efficient and thorough service.
Chris Pearson
Chris Pearson
I contacted Prosper Law because I needed a contract lawyer in Brisbane for an issue with a building contract. Farrah and Micaela are experienced contract lawyers and were polite, professional, and provided my advice quickly. They provided me with a fixed fee quote with no hidden costs for the legal work and spoke to the QBCC on my behalf. Thank you to the Prosper Law team for giving me detailed advice that was good value and very helpful!!! Highly recommended and will be using them in the future for all my legal needs.
Highly recommended. They offered me reliable and useful legal advice free of charge. Thank you once again, Michael, for your service.
Vijesh cj
Vijesh cj
I approached Farrah with a query regarding my employment contract. She was patient in her dealings and took the time to read the contract fully and understand my side of the story before giving her legal advice. I am happy with my overall experience of working with Farrah.

Book an initial consultation

Contact an Australian business lawyer today.

If you would like to contact an online lawyer, you can complete the contact form, email or phone Prosper Law.

If you know you need to speak to an online lawyer, but you’re not sure exactly what your legal problem is – we can help you.

Get in touch today and discover why Australian businesses choose Prosper Law’s team of lawyers.

Contact us for a free consultation

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Business Sale Law FAQs

As M&A lawyers, we understand that the business sale process can seem complicated. It’s our job to make this process as straightforward as possible for our clients. But to give you an idea of the process and how a business sale lawyer in our M&A team can help, here’s a guide to the business sale process:

Step 1 – Book a consultation with a business sale lawyer

We recommend that you book an initial consultation. This will ensure that important dates, commercial and legal considerations are discussed as soon as possible. You can book a consultation here.

During the legal consultation, we will discuss the business you are selling, how it is structured, what assets / shareholdings are being sold and potential ongoing legal matters. We will also take the time to understand your goals and concerns.

We will provide our initial view on the business sale process

Step 2 – Prepare a terms sheet for the sale of the business

If the seller hasn’t already negotiated the general terms of the sale, our business sale lawyer can do this for you. A terms sheet will record the high level terms that the buyer and seller have agreed to. This terms sheet will later form the basis of the business sale agreement.

The terms sheet may also be written as a ‘letter of offer’ and it is important for it to contain strict non-disclosure obligations. Alternatively, we can draft a separate non-disclosure agreement. This will ensure that there are legal protections around the non-disclosure of information belonging to the seller and the business that is being sold.

Step 3 – Prepare and gather information for due diligence

The buyer is likely to want to carry out due diligence. This process involves gathering documents and adding them to a ‘data room’. This is generally a cloud-based drive that the seller can put documents into for the buyer (or the buyer’s lawyer) to access.

The information is likely to include financial statements, contracts (including customer and supplier contracts), licences, permits, leases, employment agreements, intellectual property rights, and details of any pending litigation or legal matters.

As the legal representative of the seller, we may also conduct our own due diligence of the buyer. For example, to ensure that the purchaser of the business is financially able to complete the business purchase transaction.


Step 4 – Preparing and negotiating the business purchase agreement

Your business sale lawyer will represent you negotiating the terms and conditions of the sale of the business with the buyer or their legal representatives.

Our M&A lawyers will focus on key aspects of the business sale agreement, including price, warranties, conditions-precedent to completion, indemnities, guarantees and any withholding amounts.

As the seller, you will be involved every step of the way. However, we will do the hard work for you and explain, in plain-English terms (without using complicated legal jargon) what information we need from you.

Step 5 – Meeting the conditions-precedent

Once the business sale agreement has been negotiated and agreed, we will work with you to fulfil the conditions-precedent. Conditions-precedent may include obtaining landlord consent, the consent of shareholders or negotiating with other third parties.

Step 6 – completion of the sale of the business

Your business sale lawyer will prepare transfer documents, close out any employment matters, terminate or transfer contracts and any other legal services and advice to complete settlement of the business sale.

Step 7 – legal services after completion of settlement

Once settlement is complete, your appointed business sale lawyer will ensure that any post-settlement obligations are met. This might include ensuring that any outstanding retention amount is paid to our client.

After settlement

Once the sale agreement has been finalised and due diligence has been completed, settlement can occur. It will then be necessary to prepare for operating the new business after settlement.

Our commercial lawyers help clients to prepare for this phase by:

  • advising on post-settlement restraint of trade clauses
  • providing legal advice on stamp duty requirements for the business purchase
  • checking that settlement conditions have been complied with
  • finalising lease documents and other contracts
  • working with the seller’s solicitors to transfer business names, company registrations, domain names and trade mark registrations
  • providing advice on employee redundancies and entitlements for transferring employees

Prosper Law has helped businesses across Australia to manage the legal side of the business sale.

Our services include:

  • drafting asset sale agreements – organising and attending to settlement
  • drafting share sale agreements – advising on appropriate preconditions to settlement
  • negotiating business sale contracts with buyers and their solicitors – advising on post-sale restraint of trade clauses
  • advising on stamp duty requirements – advising on the difference between an asset and share sale
  • advising on put and call options – identifying whether regulatory consents are required
  • drafting terms sheets and heads of agreement – preparing shareholder consents and side deeds
  • preparing comprehensive business sales non-disclosure agreements – assisting with disclosure to meet the buyer’s due diligence requirements
  • attending to employment and industrial relations – obtaining landlord consents
  • mergers and acquisitions – transferring business, company and domain names
  • advising on employee redundancies and entitlements – facilitating transfer of deposit and settlement funds