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№ 01Buying & Selling a Business · Franchise Resale · Ontario

Buying a East Side Mario's franchise

Buying or selling an existing East Side Mario's is a full-service restaurant resale with a family-dining scale to it — larger dining rooms, private-event and banquet bookings, and the brand's signature themed décor all add diligence items on top of the usual liquor licence, lease, and health-unit steps.

№ 01.1The Resale, End to End

From offer to ownership

East Side Mario's resales follow the franchisor's own approval process on top of the usual purchase mechanics — here's how the two run together.

Getting approved

01

Conditional offer & structure

The offer sets price and structure and should build in the conditions that matter for a larger-format family restaurant: franchisor consent, landlord consent, and AGCO licence transfer.

1–2 weeks
02

Franchisor application & review

The franchisor reviews the incoming operator and the proposed terms before consenting to the transfer of that specific location.

3–6 weeks
03

Disclosure considerations

An Arthur Wishart Act disclosure document may still be required even where the deal is framed as a private resale — the exemption is read narrowly by Ontario courts, so this gets confirmed early.

assessed early

Getting to closing

04

Lease, licence & health-unit workstreams

The lease assignment, the AGCO liquor licence transfer, and a health-unit inspection typically run in parallel — a larger dining room and kitchen can mean a more involved inspection than a smaller-format resale.

often the critical path
05

Décor & leasehold-improvement review

The branded interior décor and fixtures that give each location its character are reviewed as leasehold improvements — confirming what's owned, what's licensed from the franchisor, and what stays with the premises.

2–3 weeks
06

Training, transfer approval & closing

After training and franchisor sign-off, funds, keys, and signed documents change hands, alongside an inventory count and any private-event bookings already on the calendar.

1 day, once conditions are met
Timelines vary by franchisor approval speedWe track every deadline so nothing lapses.
№ 01.2About the System

About the East Side Mario's system

Listed among Recipe Unlimited's franchisable brands on its official franchising page

Established Italian-American casual-dining chain with numerous Ontario locations

№ 01.3Deal Structure

Asset sale or share sale?

This is the first real decision in a East Side Mario's resale — and it changes what you're buying, what you're taking on, and how the franchise agreement moves.

QuestionAsset purchaseShare purchase
What you buyThe location's assets — kitchen and bar equipment, the branded décor and leasehold improvements, inventory, the lease, and the franchise agreement's benefit, subject to consent.The shares of the operating company — every location it holds, and everything the company owes.
Franchisor consent & ROFRRequired for the specific location changing hands.Required for the change of control itself, across every location the corporation operates.
The AGCO liquor licenceTransfer application, or a new licence bridged by an interim authorization to keep serving while it's processed.Stays with the corporation, but AGCO must be notified of the ownership change.
Décor & leasehold improvementsBranded fixtures and décor are itemized and confirmed as owned outright, licensed from the franchisor, or attached to the premises.Stays with the company; no separate itemization needed.
Private-event & banquet bookingsExisting bookings and deposits typically carry over as part of the deal, spelled out in the purchase agreement.Bookings stay with the corporation regardless of who holds the shares.
Tax angleBuyer gets a stepped-up cost base on the assets purchased.Seller may access the lifetime capital gains exemption on qualifying shares.
What you buy
Asset sale

The location's assets — kitchen and bar equipment, the branded décor and leasehold improvements, inventory, the lease, and the franchise agreement's benefit, subject to consent.

Franchisor consent & ROFR
Asset sale

Required for the specific location changing hands.

The AGCO liquor licence
Asset sale

Transfer application, or a new licence bridged by an interim authorization to keep serving while it's processed.

Décor & leasehold improvements
Asset sale

Branded fixtures and décor are itemized and confirmed as owned outright, licensed from the franchisor, or attached to the premises.

Private-event & banquet bookings
Asset sale

Existing bookings and deposits typically carry over as part of the deal, spelled out in the purchase agreement.

Tax angle
Asset sale

Buyer gets a stepped-up cost base on the assets purchased.

We tell you which structure fits — before you sign anything.

№ 01.5Costs & Fees

You'll know the number before we start

No open-ended hourly surprises — the cost is confirmed in writing before any work begins.

Type of workFeeHow it's confirmed
Straightforward purchase or saleStarting from $3,388.87
Our charges · taxes included
Confirmed in writing once we see the agreement.
Larger or more complex dealQuoted to scopeShort call → fixed written quote before any work begins.
Searches, filings & third-party feesAt costItemized on your invoice, not marked up.
Franchisor transfer/application fees, landlord consent costs, and a broker's success fee if the deal was listed — all confirmed once we see your agreement.
Most deals start here

An owner-run business

A single East Side Mario's location with a straightforward lease, changing hands between one buyer and one seller.

Start my file
A bit more involved

A larger or more complex deal

A multi-location operator selling several restaurants as one operating company, or a resale where existing banquet bookings and leasehold décor need careful review before terms are final.

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.

№ 01.6Before You Ask

Common questions

Do the branded décor and interior fixtures come with the sale?

Generally, yes, as part of the location's leasehold improvements — but they're itemized and confirmed as owned outright, licensed from the franchisor, or attached to the premises, rather than assumed from what's on the walls.

What happens to private-event and banquet bookings already on the calendar?

These typically carry over as part of the deal, with existing bookings and deposits spelled out in the purchase agreement so nothing falls through the cracks between signing and closing.

Can the restaurant keep serving alcohol while the AGCO transfer is in progress?

Often, yes — an interim authorization can let the premises keep serving under temporary authority while the full transfer application is processed. What applies to your specific licence gets confirmed before closing.

Does buying an existing East Side Mario's mean I skip the disclosure document?

Not necessarily. Ontario courts have read the resale-disclosure exemption narrowly, and franchisor involvement in the resale can be enough to trigger a full disclosure requirement anyway — we confirm early whether it applies to your deal.

I'm buying several East Side Mario's locations from one operator. Does that change the structure?

Often, yes. Buying an operating company that holds multiple locations is more commonly done as a share purchase, so every location's franchise agreement, licence, and lease stay intact at the same time.

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 East Side Mario's or its franchisor.

Ready to begin?

Tell us about your East Side Mario's resale — we'll point you the right way and confirm the cost in writing before any work begins.

Prefer to talk first? Call 1-844-900-1070 — it’s free.
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