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Victorian legal guide

How do I sell a business in Victoria?

General information for people in Victoria · ORLA Connect

Selling a business in Victoria involves more than agreeing a price — you need a proper sale contract, due diligence, and to deal with the lease, staff, licences and any restraint on the seller. Getting the legal side right protects the deal and limits your risk afterwards. Here's what's involved.

The sale contract

A business sale agreement sets out what's included (equipment, stock, goodwill, intellectual property), the price and how it's paid, warranties, and completion. A vendor's statement may also be required for small businesses.

Lease, staff and licences

If the business rents premises, the landlord usually must consent to transfer or grant a new lease. You'll also deal with employee entitlements and transferring any permits or licences the business needs.

Restraint of trade

Buyers often want the seller to agree not to compete for a period and area. Whether a restraint is enforceable depends on how it's drafted, so it's worth getting advice on both sides.

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What’s included when you sell a business?
Typically equipment, stock, goodwill and intellectual property — set out in the sale contract along with price, warranties and completion terms.
Do I need the landlord’s consent to sell?
Usually yes if the business rents premises — the landlord generally must consent to transferring the lease or granting a new one to the buyer.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.