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Learning CentreBuying a business

The Business Purchase Centre

Buying an existing business in Ontario, from the first letter of intent to the day the lease, the licences and the payroll are yours. What each step involves, what the law says, who does what, and where a lawyer fits.

Where are you right now?
How offers work, what binds you, and what to settle before you spend money on diligence.

Buying an existing business in Ontario, from the first letter of intent to the day the lease, the licences and the payroll are yours. What each step involves, what the law says, who does what, and where a lawyer fits. Six stages carry you through it — letter of intent, due diligence, agreement, financing & consents, closing and transition — each explaining what happens, who is responsible, and what Ontario law requires. Calculators, a glossary and guides to download sit alongside the stages, and every one ends with our flat, published fee and a way to start a file online.

Who you'll deal with

And what each one is actually responsible for.

Business broker

Markets the business for the seller, screens buyers, supplies the first letter of intent form and often holds the deposit. Paid by the seller.

Regulated by Not licensed unless real property is included (RECO)
Accountant

Tests the financial statements and tax filings, normalizes earnings, advises on structure, price allocation and the elections, and sets up your accounts.

Regulated by CPA Ontario
Chartered business valuator

Gives an independent opinion of value where the price is contested, a lender or partner requires one, or the assets are unusual.

Regulated by CBV Institute
Lender

Finances part of the price against security over the business and, usually, the buyer's personal pledge to repay; sets conditions that must be met before funding.

Regulated by OSFI or FSRA, depending on the institution
Landlord

Decides whether to consent to the lease assignment or change of control, on what conditions, and whether to release the seller.

Franchisor

Consents to a franchise transfer, sets transfer conditions and provides a disclosure document where the Arthur Wishart Act requires one.

Regulated by Arthur Wishart Act (Franchise Disclosure), 2000
Seller's lawyer

Negotiates for the seller, prepares the seller's disclosure schedules and closing deliverables and discharges the seller's registrations.

Regulated by Law Society of Ontario
Licensing and tax authorities

Municipality, Alcohol and Gaming Commission, Canada Revenue Agency, WSIB and Ministry of Finance: transfers, registrations and clearances.

Your lawyer

Reviews the letter of intent, runs the searches, drafts and negotiates the purchase agreement, obtains consents, closes the deal and registers security.

Regulated by Law Society of Ontario

Words worth knowing

A few from the full glossary.

Letter of intent

A short document recording price, structure and main terms before the purchase agreement. Usually non-binding on the deal, binding on confidentiality and exclusivity.

Exclusivity (no-shop)

A binding promise by the seller not to negotiate with other buyers for a set period while the buyer does diligence.

Due diligence

The buyer's investigation of the business's finances, contracts, employees, premises, licences and legal exposure before committing to close.

Asset purchase

Buying listed assets of a business from their owner. Liabilities stay with the seller unless assumed; contracts, licences and employees must be moved.

Share purchase

Buying the shares of the corporation that owns the business. The corporation, with all its contracts, history and liabilities, carries on under new ownership.

Representations and warranties

The seller's statements of fact about the business in the purchase agreement. If one is untrue, the buyer's remedy is usually an indemnity claim.

Ready when you are.

Start a file online in about seven minutes, or ask a lawyer first. Flat, published fees.

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