No two businesses are identical. Whether you are buying or selling, it is important that the agreement for sale and purchase and any associated documents are properly tailored to the particular circumstances of the business to ensure a smooth and successful transfer of ownership.

We assist with drafting and reviewing agreements for sale and purchase, and advise on all associated issues including due diligence, existing employees, finance conditions, leases and restraints of trade. We also work with your accountant and other advisors to ensure there are no unexpected surprises on settlement. 

Contracts are a fundamental part of every business operation in New Zealand. Properly prepared documents facilitate the efficient flow of goods and services, while boilerplate documents that have not been tailored to the circumstances can have the opposite effect--a fact that is often only discovered when something goes wrong.

We recognise that all business contracts have to strike a fundamental balance between facilitating commercial operations and ensuring that there are adequate safeguards and risk mitigation measures in place.

Our experienced team can help negotiate, draft and review commercial contracts of all types, including:

• Supply and distribution contracts
• Procurement agreements
• Terms of trade/terms of business
• Employment agreements and independent contractor contracts
• Restraints of trade
• Confidentiality agreements

We advise both landlords and tenants on leases of commercial property.

For commercial landlords, we help ensure that their valuable property assets are adequately protected, and also assist with rent reviews and lease renewals.

We also help commercial tenants negotiate suitable terms with their landlords and ensure that responsibilities and obligations are properly set out in the lease documentation.

A variety of issues can arise under a commercial lease. Whether it is a case of a tenant falling into rental arrears, or a landlord failing to comply with their obligations, we can assist with negotiating a common-sense resolution or taking formal action through the court process if necessary.

Thinking of embarking on a joint venture with another business? Talk to us first for guidance on the potential legal consequences and risks so that they can be adequately dealt with in any joint venture agreement.

The finance aspects of a business venture can be complicated and difficult to understand. We provide expert advice in relation to mortgages, securities, interest options, personal guarantees, and repossession.

New Zealand is sometimes referred to as the franchising capital of the world. Franchises have unique features that require specific and detailed legal consideration. We regularly deal with franchise agreements and can advise on:

• Terms of franchise agreements
• Restraint of trade
• Advertising provisions
• Restrictions of franchisee
• Responsibilities of franchisor/franchisee
• Disputes between franchisors and franchisees.