Home Instead is one of Ontario's established non-medical senior home care franchise networks, built on private-pay caregiving contracts rather than a storefront or a lease. A resale here is really a transfer of client relationships and a caregiver team — the franchisor's consent, the territory's protected boundary, and how care staff are retained through the handover usually matter more than any physical asset.
Home Instead resales follow the franchisor's own approval process on top of the usual purchase mechanics — here's how the two run together.
Getting approved
The offer sets price and structure, conditioned on the franchisor approving the incoming owner and the client and caregiver base transferring in a way that actually holds together after closing.
1–3 weeks†Home Instead's franchisor reviews the buyer's background and financial standing before approving a change of ownership within the territory — a step that runs on its own clock, separate from your financing.
3–6 weeks†Even where a sale is framed as a private resale between existing owner and buyer, a franchise disclosure document may still be required — Ontario courts read the resale exemption narrowly, so this gets confirmed early rather than assumed.
reviewed alongside the application†Getting to closing
Because the real value in a home care resale is the caregiver roster and the active client base, a transition plan — non-solicit terms, client notice, and continuity of care — gets built into the purchase agreement itself.
runs through closing†The incoming owner typically signs a new, current-form franchise agreement covering the same protected territory, rather than assuming the seller's original terms.
negotiated alongside consent†Funds, records, and the client and caregiver handover happen together, with a short post-closing tail while the franchisor finalizes territory registration.
1 day, plus a short tail†CFA listing confirms an established Canadian franchise network, CFA member since 2002, seniors home-care sector.
Ontario offices within its established Canadian franchise network.
This is the first real decision in a Home Instead resale — and it changes what you're buying, what you're taking on, and how the franchise agreement moves.
| Question | Asset purchase | Share purchase |
|---|---|---|
| What you buy | The operating business — client service agreements, the caregiver team, equipment, and the benefit of the existing franchise agreement, subject to franchisor consent. | The shares of the corporation holding the territory — every client contract and staff relationship it has, along with anything it owes. |
| Seller's liabilities | Generally stay behind with the seller's existing corporation. | Generally come with the company, known and unknown. |
| Franchisor consent & territory | Required for the specific territory changing hands, including review of the incoming operator. | Required for the change of control itself, plus confirmation the territory boundary carries over intact. |
| Client service & caregiver agreements | Client service agreements and caregiver arrangements are assigned or re-signed into the buyer's name — retention through the handover drives most of the deal's value. | Generally continue uninterrupted, since the contracting corporation doesn't change. |
| Staff classification (ESA) | Employment Standards Act continuity rules typically apply to employed caregiving staff; any contractor arrangements are reviewed separately for classification risk. | Employment and contractor arrangements generally continue as-is. |
| Tax angle | Buyer generally gets a stepped-up cost base on the assets purchased; an HST s.167 election may apply. | Seller may access the lifetime capital gains exemption on qualifying shares. |
The operating business — client service agreements, the caregiver team, equipment, and the benefit of the existing franchise agreement, subject to franchisor consent.
The shares of the corporation holding the territory — every client contract and staff relationship it has, along with anything it owes.
Generally stay behind with the seller's existing corporation.
Generally come with the company, known and unknown.
Required for the specific territory changing hands, including review of the incoming operator.
Required for the change of control itself, plus confirmation the territory boundary carries over intact.
Client service agreements and caregiver arrangements are assigned or re-signed into the buyer's name — retention through the handover drives most of the deal's value.
Generally continue uninterrupted, since the contracting corporation doesn't change.
Employment Standards Act continuity rules typically apply to employed caregiving staff; any contractor arrangements are reviewed separately for classification risk.
Employment and contractor arrangements generally continue as-is.
Buyer generally gets a stepped-up cost base on the assets purchased; an HST s.167 election may apply.
Seller may access the lifetime capital gains exemption on qualifying shares.
We tell you which structure fits — before you sign anything.
No open-ended hourly surprises — the cost is confirmed in writing before any work begins.
| Type of work | Fee | How it's confirmed |
|---|---|---|
| Straightforward purchase or sale | Starting from $3,388.87 Our charges · taxes included | Confirmed in writing once we see the agreement. |
| Larger or more complex deal | Quoted to scope | Short call → fixed written quote before any work begins. |
| Searches, filings & third-party fees | At cost | Itemized on your invoice, not marked up. |
A single territory changing hands between an outgoing owner-operator and an incoming buyer — one caregiver team, one client base, a standard consent process.
Start my file →A multi-territory operator group, a sale where the franchisor's right of first refusal needs to be worked through, or a deal where significant caregiver or client turnover risk needs to be priced into the terms.
Book a consultation →Not sure which you are? That's our job to figure out, not yours. As a rough guide, most deals under a couple of million dollars are the first kind — above that, you're usually in Mergers & Acquisitions territory.
Almost entirely the latter. There's rarely significant real estate involved — most offices operate from modest commercial space — so the real value you're buying is the active client roster, the caregiver team, and the franchise agreement's territory rights. Diligence focuses there, not on hard assets.
Employed caregiving staff typically continue under Employment Standards Act continuity rules on an asset sale, and retaining them is usually treated as a deal condition rather than an afterthought, since caregiver relationships are a large part of what a buyer is paying for.
Franchisors in this sector typically screen for business management ability and financial standing rather than a clinical background — the franchise system itself provides caregiver training standards. Your own qualification review happens through the franchisor's consent process, separate from our legal work.
Yes — franchisor consent is a condition precedent in nearly every system, and a right of first refusal can let the franchisor step in on your negotiated terms instead. We build both possibilities into your offer from the start.
Not necessarily. Ontario courts have read the resale-disclosure exemption narrowly, and franchisor involvement in matching buyer to seller can trigger a full disclosure requirement anyway. We confirm whether it applies to your deal rather than assuming it from the word 'resale.'
Related
Where we close franchise resale deals
Treadstone Law is an independent law firm. We act for buyers and sellers of franchise businesses. We are not affiliated with, endorsed by, or retained by Home Instead or its franchisor.
Tell us about your Home Instead resale — we'll point you the right way and confirm the cost in writing before any work begins.