Clarkson Hirst Solicitors Lancaster, Kendal, Barrow

Commercial Conveyancing/Business Sales & Purchases

If you are buying or selling a business or expanding into new premises then contact us for immediate advice. If you are granting a new lease consult us and take advantage of the new law and avoid the pitfalls of the 1954 Landlord and Tenant Act.

Who will deal with your case?

Our Senior Partner, Matthew Winder will deal with your case. He has a business background having been brought up in a family business. Mr Winder is our firm’s managing partner. Mr Winder will always look to approach your case in a practical manner. He will try and appreciate your business needs and ensure that solutions are tailored to those needs.

How much do you charge?

We can offer a fixed price for the legal work to include all the payments to third parties. We will need to discuss the case with you before we can agree a fixed price. Alternatively you can instruct us on an hourly rate which is currently £150.00 per hour plus VAT.

How do we communicate with you?

We offer all methods of communication including telephone, face to face meeting, email and text. Subject to prior agreement you will be provided with Mr Winder’s personal mobile telephone number so you can contact him if he is not in the office.

Do you return our calls?

We undertake to return your call on the day you call and we will always endeavour to do so within the hour.

I am a tenant taking a commercial lease how can you help?

It is important that you do not just accept the lease that is offered to you by the intended landlord. We can assist you in negotiating terms which meet the needs of your business. You should be cautious to avoiad accepting onerous repairing obligations in relation to the building. Remember that if you take on that obligation you will need to pay for repairs and an unexpected repair can be an expense you have not budgeted for. If your lease is tailored to limit your repairing obligations then you can avoid that cost.

You should ensure the term of the lease is sufficient to enhance the goodwill of your business and that you have the right to assign the lease so that you can sell on your business. If your lease prevents you from assigning then effectively your goodwill will be worthless.

These are only two examples of way in which we can assist you and please contact our Mr Winder for direct advice.

I am purchasing a freehold business property.

We will advise you on all the legal issues that affect the property such as restrictive covenants, environmental issues, local authority planning issues, rights of way and planning charges. If these issues are ignored you could find you have bought a property where restrictions prevent you from using the property  for the use you intended or, you have to pay a high environmental clear up cost. A thorough and detailed approach to your case is required to ensure that you do not buy a property that turns out to be a financial millstone around your neck.

I am buying a business

It is important that you take proper accountancy advice. However as lawyers we can assist you with regard to obtaining information from the seller which will enable you to assess the viability of the business you are buying. We can ensure the business transfer agreement includes warranties on the part of the seller that helped reinforce the deal you have struck with the buyer. We can give you full advice on the transfer of undertaking regulations and how those regulations will affect the staff being transferred with the business.

I am looking to sell the property but the buyer doesn’t wish to commit until they get planning permission

It is possible to enter into a conditional contract to sell the property subject to planning permission being obtained. It is important that the terms of the agreement provide for some financial compensation for the fact that a planning application may blight your property and devalue it so that if the planning application is refused you get some financial compensation for the loss you might suffer.

It is also important to make sure the terms of the agreement limit the opportunity of the buyer backing out of the agreement. We can assist you with this process to make sure your position is protected.

I am buying a business but do not want the Seller to compete with me.

It is important that you have written agreement for the purchase of a business that provides that the Seller cannot set up a similar business in the area where you wish to trade.  It would be usual to define the restriction by reference to a geographical area and state the period the restriction is to apply for.  It would be normal to include a clause that prevents the Seller from soliciting former customers of the business or it's staff.  If you do not insist on these restrictions being included in the Sale Agreement then the Seller will be free to compete with the business that you have just paid them for.  These disastrous consequences can be avoided if you take advice.

Contact Matthew Winder mw@clarksonhirst.com telephone 01524 39760.

73 Church Street, Lancaster, United Kingdom LA1 1ET - Telephone 01524 39760 (member state UK)

35a Stricklandgate, Kendal, Cumbria, United Kingdom LA9 4LT - Telephone 01539 736916 (Member State UK)

101 Duke Street, Barrow-In-Furness, Cumbria, United Kingdom LA14 1RH -

 Telephone 01229 820600 (Member State UK)

We can see you at any office to suit your requirements.

Freephone telephone: 0800 919 231 (Member State UK)

Email: info@clarksonhirst.com

Clarkson Hirst Solicitors are Regulated by the Solicitors Regulation Authority a copy of the Solicitors Code of Conduct can be found at http://www.sra.org.uk/solicitors/code-of-conduct/195.article