Business Sales & Purchases / Business Evaluations

New York City Attorney for Sale or Purchase of Business

The purchase or sale of a business is a complex matter involving a multitude of legal issues. Attorney Rubin Ferziger has broad experience in all matters related to buying and selling small and medium-size companies. As a business lawyer, Rubin has a long track record of successfully dealing with the many intricate questions and concerns that arise in any deal, and in finding creative solutions.

Following is an overview of the Ferziger law firms comprehensive methodology for handling these transactions. The issues listed present themselves in both purchase and sale deals:

Phase One: Preliminary Analysis & Due Diligence

  • Key Contracts Analysis
  • Lease Review
  • Employment Agreements
  • Marketable Title Research
  • Inventory Level Certification
  • Sales Tax Liabilities
  • Environmental Site Considerations
  • Inheritance of Contract & Liability Claims
  • Pending Unemployment Claims
  • Liabilities to Third Parties & Pending Claims
  • Pending Threatened Litigation
  • Multiple Business Assessment

Phase Two: Negotiation of Price, Terms & Related Matters

  • Pricing
  • Financing
  • Key Employee Retention
  • Non-Compete Covenants
  • Non-Disclosure Agreements
  • Security Issues & Data Secrecy
  • Golden Parachutes
  • Dispute Resolution
  • Safety Valves and/or Remedies in case of Default

Phase Three: Successfully Closing the Deal

  • Drafting of Contractual Agreements
  • Escrow Provisions
  • Transfer of Assets

Learn more about making business purchase deals or selling your company or practice.

The Ferziger firm has published a special report that consolidates decades of practical wisdom in buying a business. To learn more about Rubin's approach to these transactions, download your free copy of How to Successfully Start or Buy a Business. The publication became the feature topic of a live segment on BusinessWeek, during which Karen Klein interviewed Rubin.

A business purchase/sale transaction is sometimes the solution to a larger dispute between partners. Heres an example from an actual case Rubin handled for a client

A T-shirt company from Canada suspected theft by its U.S. partner. Complicating the situation was rising tension between the parties. Rubin negotiated a buyout package, secured the American store and the trademark, and negotiated an arrangement whereby the Canadian partners were given authority to do business in the United States.

Contract, employment, intellectual property, real estate and banking law, along with the Patriot Act, were all involved in this transaction all of which Rubin was able to address. As you can see, negotiation is as important as knowledge and experience it prevents situations from escalating into ugly lawsuits with horrendous legal fees.

If you are a business owner or entrepreneur in New York and are considering buying a business, or selling your business, please contact the Law Office of Rubin Ferziger today at 212-490-8585.