Can You Sell Intellectual Property Along With a Business Property in Ontario?

Whether intellectual property can be dealt with in the same deal as a business property depends on what is being sold and what the agreement says. How trademarks, domain names, signage and licences are handled depends on your situation, so it is worth confirming with a lawyer. Whether each item can be transferred also depends on its own terms, such as a licence that needs the other party's consent.

The transfer of the land itself is registered on title. Generally it must be signed for completeness by two different lawyers, one acting for the transferor and one for the transferee. Some transfers, such as those between related parties, may be completed by one lawyer acting for both sides. Because that transfer concerns the land, it is wise to list every other item clearly in the agreement.

Land transfer tax is payable when the transfer is registered, and it is generally based on the purchase price plus any mortgage or debt assumed. How the price is divided between the land and other assets can matter, so confirm it with your lawyer and accountant before you sign.