Sale & Purchase of Business Lawyers in Johannesburg
Buying or selling a business requires clarity about exactly what transfers, which liabilities remain and what must happen before completion. Hugh Raichlin Attorneys assists with the legal structure, documentation and negotiation of business sales and acquisitions.
Brief initial telephone discussion at no charge. A paid consultation is arranged where appropriate. Attorney follow-up is ordinarily within one working day.
This page is for you if…
- You are buying or selling a business or its assets.
- A term sheet or offer needs legal review.
- You need a sale agreement and due-diligence plan.
- Completion depends on employees, leases, licences, finance or third-party consent.
How Hugh Raichlin Attorneys can help
Structure and due diligence
We help identify the assets, liabilities, contracts and authority involved. Legal due diligence should be coordinated with financial, tax and other specialist investigations.
Agreement and risk allocation
Price, adjustments, warranties, disclosure, restraints, conditions and remedies need clear drafting. A warranty is not a substitute for understanding the business before purchase.
Completion and handover
The agreement should identify the required approvals, consents, documents, payment mechanics and post-completion duties. Property, employee and regulatory issues may require linked advice.
What to consider before deciding
Do not assume every contract transfers automatically
Landlord consent, customer or supplier arrangements, licensing and intellectual-property rights can affect the handover. Establish who must agree and when.
Employees require separate consideration
Employment consequences depend on the transaction and applicable law. They should not be treated as a simple list of assets or resolved solely by the parties' preferred wording.
Tax and creditor protections need review
VAT, other tax treatment and notices or protections relevant to the transaction must be checked. Do not assume a going-concern label automatically produces a particular tax result.
Transaction structure and steps
Asset sale
Identified assets and liabilities transfer per the agreement.
Share sale
Ownership of the company changes; the entity continues.
Due diligence
Legal, financial and tax investigation of the business.
Conditions
Consents, finance and approvals required for completion.
Completion & implementation
Payment, handover and post-completion obligations.
The structure affects liabilities, approvals and documentation. Neither route is always safer; the choice depends on the transaction.
The next steps
- 1Clarify the proposed deal, parties and transaction structure.
- 2Review legal due diligence and key commercial terms.
- 3Negotiate the agreement and conditions.
- 4Complete required consents, payment and handover steps.
Information to prepare
Term sheet/offer; proposed asset or share schedule; financial information; leases; employment details; licences; contracts; company authority; disclosure issues and desired timetable.
Common mistakes to avoid
Avoid paying before conditions are clear, ignoring liabilities, assuming licences transfer, promising a tax treatment without advice or leaving post-completion obligations undefined.
Relevant experience for your matter
HRA's commercial, property and employment-law capabilities can support a transaction whose consequences extend beyond the sale document.
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Commercial transaction and litigation experience relevant to business sales and acquisitions.
View Hugh's profile
Jessica El-Hage
Attorney
LLB · University of Johannesburg
Commercial and civil litigation experience relevant to transaction risk and documentation.
View Jessica's profileFrequently asked questions
Is a share sale the same as buying the business assets?
No. The structure affects ownership, liabilities, approvals and documentation.
Can you review a term sheet before the final agreement?
Yes. Early advice can identify binding provisions and important matters that should not be left unresolved.
Will existing leases and licences automatically transfer?
Not necessarily. Required consents and legal conditions must be checked.
Can the firm advise on the property or employment aspects too?
HRA has related practice capabilities. The scope and any specialist input are agreed for the transaction.
Related services
Structure the transaction before you commit.
Tell us whether you are buying or selling, the proposed structure and the conditions. We will identify the due diligence and documentation needed.
What happens next?
Start with a brief telephone discussion so the firm can understand your matter and decide whether it may assist. That initial discussion is free. Where appropriate, a paid consultation is arranged, usually in person; remote arrangements may be considered.
You can begin through our AI-assisted WhatsApp enquiry service at any time. It gathers initial information and does not provide legal advice. Suitable prospective clients ordinarily receive an attorney call within one working day. A message does not confirm an appointment, acceptance of a matter or action on a deadline.
Speak to Hugh Raichlin Attorneys
Visit us by arrangement at 1 The Avenue, Norwood, Johannesburg 2192. Office hours are Monday–Friday, 08:30–17:00. New enquiries and WhatsApp: 011 010 8336. Email: reception@raichlin.co.za. Existing clients should use 011 483 1527.
Website information is general and is not legal advice. Every matter depends on its facts. Please send sensitive documents only when requested through an appropriate channel.
This website provides general information, not legal advice. Sending an enquiry does not by itself create an attorney-client relationship. Each matter is assessed on its own facts.