Buying and Selling Dental Practices

The Property

All dental practice sale or purchases involve a property from where the dentist practices from, whether this freehold or leasehold. Our dedicated commercial property specialists will make sure that you are adequately protected after the purchase has completed should serious problems arise. We also help where complex lease negotiations are required with any landlord. Remember when negotiating the terms of occupation: break clauses (allowing the break of the lease at certain times), repair clause (qualified by a photographic schedule of condition), rent review based on the open market, and a lease within the Landlord and Tenant Act 1954 for security of tenure (to renew on the same terms) are some of the factors to consider when entering into a Lease of Business Premises.

If you are planning on buying or selling a dental practice, you will need legal expertise to help guide you through this process. It is likely to be one of the biggest transactions you ever complete and it’s essential to make sure you consider every aspect including the transfer of existing staffing and the terms of any NHS contracts currently in place.

Expense Share, Partnership and Shareholder Agreements

Will your new practice be under shared ownership? Whilst all partnerships start with the best intention, it’s important to establish a valid partnership or shareholders agreement from the outset. We can help draft the above agreements that agree how the practice will be run, how profit and loss will be divided, how expenses will be shared and what happens if a principal retires, becomes ill or dies.

For more information about our healthcare legal services please call us on 0330 127 1934 or email enquiries@tr1propertylawyers.co.uk

Our dedicated Veterinary Team, work with a range of veterinary practices across the UK. The sale or purchase of a veterinary practice is likely to be one of the largest financial transactions that a vet will enter into. Whether selling or buying, it is important for vets to understand the process involved.

We also help where complex lease negotiations are required with any landlord.  When negotiating the terms of occupation: break clauses (allowing the break of the lease at certain times), repair clause (qualified by a photographic schedule of condition), rent review based on the open market, and a lease within the Landlord and Tenant Act 1954 for security of tenure (to renew on the same terms) are some of the factors to consider when entering into a Lease of Business Premises.

The Veterinary team provides practical, cost-effective legal advice to vet practice owners across Yorkshire and throughout England and Wales.

Our veterinary lawyers provide an end to end service, including advising on Heads of Terms and commercial property to deal with employee contracts, staff transfers (TUPE), due diligence and reassignment of leases.

The Veterinary team draws on a broad range of skills and experience from across the Firm, so we can always find the right person to advise you. Some of the ways in which we can help are listed below:

• Due Diligence
• Exclusivity agreements
• Confidentiality agreements
• Buying or selling a Veterinary Practice business
• Buying or selling Veterinary Practice premises
• Preparing Expense Share, Partnership and Shareholder Agreement
• Managing post-sale liability of the seller through warranties and dealing with any non-compete restrictions and Locum agreements and contracts of employment.

Buying and selling an Optical Practice

We have experience facilitating the buying and selling of opticians and can assist things to run smoothly and efficiently. From carrying out the due diligence to setting up the sale contract, we have the professional expertise to conclude the transaction as quickly as possible.

Our dedicated commercial property specialists will make sure that you are adequately protected after the purchase has completed should serious problems arise. We also help where complex lease negotiations are required with any landlord. Remember when negotiating the terms of occupation: break clauses (allowing the break of the lease at certain times), repair clause (qualified by a photographic schedule of condition), rent review based on the open market, and a lease within the Landlord and Tenant Act 1954 for security of tenure (to renew on the same terms) are some of the factors to consider when entering into a Lease of Business Premises.

Like other types of healthcare business, there are many regulatory considerations when buying or selling an optical practice. If you’re buying it’s important to ascertain the reason for the sale, whether the business is financially viable and if there have been any breaches or compliance issues.

Our legal expertise can assist with all areas of the sale and purchase, and we can advise on relevant legislation such as Transfer of Undertakings (Protection of Employment) Regulations 2006 and the NHS General Ophthalmic Services Contract. Due diligence prior to the purchase should be robust enough to identify any potential issues, and to enable appropriate action.

If the optician provides NHS services, there may be a General Ophthalmic Services Contract. The seller will want to know how long it will take the buyer to obtain their own contract with the NHS, and how patients will be treated in any interim period.

Whether you are looking to sell a private or NHS opticians practice for financial reasons or as part of a retirement and succession planning; or are purchasing an opticians practice as a first-time buyer or part of a portfolio, timely and specialist legal advice is vital in ensuring you consider all of the necessary aspects of the sale or purchase.

Our legal experts can assist with the drafting, negotiation, and straightforward legal advice on matters including:

• Due diligence
• Pre-sale agreements
• Confidentiality agreements
• Deposit agreements
• Exclusivity agreements
• Sale and purchase agreements
• Managing post-sale liability of the seller through warranties
• Non-compete restrictions
• Partnership agreements
• NHS General Ophthalmic Services (GOS) Contracts
• Mergers and acquisitions of complementary businesses (audiology, chiropody etc.)
• TUPE business transfers
• Locum agreements and contracts of employment

Our Care Home team provides practical, cost-effective legal advice to care home operators throughout England and Wales.

Our Team draws on a broad range of skills and experience from across the Firm, so we can always find the right person to advise you. Some of the ways in which we can help are listed below:

• Buying or selling a care home business
• Buying or selling care home premises

If you are planning on buying or selling a care home, there will be multiple hurdles to clear before the transaction completes which include agreeing the Heads of Terms through to due diligence and to post completion matters.

In addition to TUPE obligations, you will need to consider whether there are any restrictive covenants on the property and how assets will be transferred. Our legal expertise and experience in the care home sector will help you to navigate all of these challenges, and more, to complete the sale or purchase smoothly.

Before you are able to complete the sale of a care home, the new owner must be registered with the CQC. Even with no complications, this process will take a minimum of 10 weeks so it’s highly advisable to make an application as soon as possible.

In a care home, there are multiple pieces of essential equipment which should be properly maintained and recent proof of maintenance work and checks carried out. The sale can falter in the latter stages if the assets have been poorly maintained and aren’t of an acceptable standard.

Our legal experts can assist with the drafting, negotiation, and straightforward legal advice on matters including:

• Due diligence
• Pre-sale agreements
• Confidentiality agreements
• Exclusivity agreements
• Sale and purchase agreements
• Managing post-sale liability of the seller through warranties
• Non-compete restrictions
• Partnership and Shareholders agreements
• TUPE business transfers

The Pharmacy team provide practical, cost-effective legal advice to pharmacy owners across Yorkshire and throughout England and Wales.

The Pharmacy team draws on a broad range of skills and experience from across the Firm, so we can always find the right person to advise you. Some of the ways in which we can help are listed below:

• Buying or selling a pharmacy business
• Buying or selling pharmacy premises

Buying and selling a pharmacy is very different than acquiring a general business, as there are very technical issues to consider. Our expertise can help you to navigate the various issues that arise with this type of transaction, including transfer of ownership of the NHS contract currently in place.

Our specialist legal advice covers the commercial aspects of a pharmacy purchase or a sale, regulatory requirements and due diligence. The sale and purchase of a pharmacy is subject to much more stringent requirements than a simple property or general business sale and purchase, but we can ensure that every aspect is properly considered.

Buying a pharmacy is not just like buying a house; there are certain requirements that a buyer will have to fulfil before being permitted to proceed with the sale. This will particularly be the case if there is an NHS contract attached to the pharmacy. As part of the process an application will need to be made to NHS England.

Our legal team is experienced with pharmacy sales and can provide expert advice for the whole process including assisting with the drafting, negotiation, and straightforward legal advice on matters such as:

• Due diligence
• Pre-sale agreements
• Confidentiality agreements
• Exclusivity agreements
• Sale and purchase agreements
• Managing post-sale liability of the seller through warranties
• Non-compete restrictions
• Partnership and Shareholders agreements
• TUPE business transfers

The Nurseries team provide practical, cost-effective legal advice to private registered nursery owners across Yorkshire and throughout England and Wales.

The Nurseries team draws on a broad range of skills and experience from across the Firm, so we can always find the right person to advise you. Some of the ways in which we can help are listed below:

• Buying or selling a private registered day nursery business
• Buying or selling a private registered day nursery premises

Buying and Selling Nurseries

When you are either purchasing or selling a nursery, the transaction is subject to a number of regulatory requirements that you will need to consider. Whether the premises are included in the sale, or just the business, we can help with expert legal opinion that ensures all aspects are fully inspected.

The acquisition of a nursery also requires OFTSED approval and it’s essential that daily operations remain undisrupted while the purchase is processed.  Every nursery must be registered on the OFSTED Early Years Register. If you are taking over a nursery or setting up a new one, you will need to apply to OFSTED to complete their registration process. This is the case even if you have previously operated a nursery or childcare facility. This process can be very time-consuming and may take up to 26 weeks to complete. If the sale completes before you’re registered, you won’t be able to continue running the nursery.

To prevent such problems from occurring, it’s common for there to be a clause in the contract which stipulates the existing owner will not terminate their OFSTED regulation. There may also be the requirement for there to be a couple of hours of “consultancy” every week until the new owner’s registration is complete. The new owner will need to provide an indemnity, protecting the seller from any financial penalties or costs.

If the nursery is operating on premises which is subject to a lease, this will need to be transferred via a licence to assign. To do this, the lease will need to be reviewed to see if there is a clause about re-assigning to a new tenant. Even if there is, you will normally need the landlord’s permission to do so. The terms will normally state that if a tenancy can be re-assigned, consent should not be “unreasonably withheld”. You should therefore be able to complete the process but this will take additional time to process.

We have expertise in buying and selling nurseries, and the earlier we are involved, the more efficiently we can expedite the process.

Our Leisure & Hospitality team support a variety of restaurant, hotel and guest house owners throughout the country, offering pragmatic and commercial legal advice.

We act for regional and national clients in all aspects of the restaurant, hotel and guest house owners including sales and purchases, and regulation and compliance. This means that our Leisure & Hospitality team have the unique knowledge needed of each of the industries in order to be able to assist your business.

The Leisure & Hospitality team draws on a broad range of skills and experience from across the Firm, so we can always find the right person to advise you.

We have experience facilitating the buying and selling of Restaurants, Hotels and Guest Houses and can assist things to run smoothly and efficiently. From carrying out the due diligence to setting up the sale contract to the transfer of any licences, we have the professional expertise to conclude the transaction as quickly as possible.

Our dedicated commercial property specialists will make sure that you are adequately protected after the purchase has completed should serious problems arise. We also help where complex lease negotiations are required with any landlord. Remember when negotiating the terms of occupation: break clauses (allowing the break of the lease at certain times), repair clause (qualified by a photographic schedule of condition), rent review based on the open market, and a lease within the Landlord and Tenant Act 1954 for security of tenure (to renew on the same terms) are some of the factors to consider when entering into a Lease of Business Premises.

Our legal experts can assist with the drafting, negotiation, and straightforward legal advice on matters including:

• Due diligence
• Pre-sale agreements
• Confidentiality agreements
• Exclusivity agreements
• Sale and purchase agreements
• Managing post-sale liability of the seller through warranties
• Non-compete restrictions
• Partnership and Shareholders agreements
• TUPE business transfers

The Retail team provides legal advice to a range of retail operators throughout the country, offering pragmatic and commercial legal advice.

We act for regional and national clients in all aspects of the retail outlets including sales and purchases.

The Retail team draws on a broad range of skills and experience from across the Firm, so we can always find the right person to advise you. Some of the ways in which we can help are listed below:

• Buying or selling a retail outlet business
• Buying or selling a retail premises

We have experience facilitating the buying and selling of Retails Premises within different sectors and can assist things to run smoothly and efficiently. From carrying out the due diligence to setting up the sale contract, we have the professional expertise to conclude the transaction as quickly as possible.

Our dedicated commercial property specialists will make sure that you are adequately protected after the purchase has completed should serious problems arise. We also help where complex lease negotiations are required with any landlord. Remember when negotiating the terms of occupation: break clauses (allowing the break of the lease at certain times), repair clause (qualified by a photographic schedule of condition), rent review based on the open market, and a lease within the Landlord and Tenant Act 1954 for security of tenure (to renew on the same terms) are some of the factors to consider when entering into a Lease of Business Premises.

Our legal experts can assist with the drafting, negotiation, and straightforward legal advice on matters including:

• Due diligence  
• Heads of Terms
• Leases
• Pre-sale agreements
• Confidentiality agreements
• Exclusivity agreements
• Sale and purchase agreements
• Managing post-sale liability of the seller through warranties
• Non-compete restrictions
• Partnership and Shareholders agreements
• TUPE business transfers

The Garage and Petrol Station team provides practical, cost-effective legal advice to garage and petrol owners across Yorkshire and throughout England and Wales.

The Garage and Petrol Station team draws on a broad range of skills and experience from across the Firm, so we can always find the right person to advise you. Some of the ways in which we can help are listed below:

• Buying or selling a Garage and Petrol Station business
• Buying or selling Garage and Petrol Station premises

We have experience facilitating the buying and selling of Garage and Petrol Stations and can assist things to run smoothly and efficiently. From carrying out the due diligence to setting up the sale contract, we have the professional expertise to conclude the transaction as quickly as possible.

Our dedicated commercial property specialists will make sure that you are adequately protected after the purchase has completed should serious problems arise. We also help where complex lease negotiations are required with any landlord. Remember when negotiating the terms of occupation: break clauses (allowing the break of the lease at certain times), repair clause (qualified by a photographic schedule of condition), rent review based on the open market, and a lease within the Landlord and Tenant Act 1954 for security of tenure (to renew on the same terms) are some of the factors to consider when entering into a Lease of Business Premises.

Our legal experts can assist with the drafting, negotiation, and straightforward legal advice on matters including:

• Due diligence  
• Heads of Terms
• Leases
• Pre-sale agreements
• Confidentiality agreements
• Exclusivity agreements
• Sale and purchase agreements
• Managing post-sale liability of the seller through warranties
• Non-compete restrictions
• Partnership and Shareholders agreements
• TUPE business transfers

The Post Office team provides practical, cost-effective legal advice to post office owners across Yorkshire and throughout England and Wales.

The Post Office team draws on a broad range of skills and experience from across the Firm, so we can always find the right person to advise you. Some of the ways in which we can help are listed below:

• Buying or selling a Post Office business
• Buying or selling Post Office premises

We have experience facilitating the buying and selling of Garage and Petrol Stations and can assist things to run smoothly and efficiently. From carrying out the due diligence to setting up the sale contract, we have the professional expertise to conclude the transaction as quickly as possible.

Our dedicated commercial property specialists will make sure that you are adequately protected after the purchase has completed should serious problems arise. We also help where complex lease negotiations are required with any landlord. Remember when negotiating the terms of occupation: break clauses (allowing the break of the lease at certain times), repair clause (qualified by a photographic schedule of condition), rent review based on the open market, and a lease within the Landlord and Tenant Act 1954 for security of tenure (to renew on the same terms) are some of the factors to consider when entering into a Lease of Business Premises.

Our legal experts can assist with the drafting, negotiation, and straightforward legal advice on matters including:

• Due diligence  
• Heads of Terms
• Leases
• Pre-sale agreements
• Confidentiality agreements
• Exclusivity agreements
• Sale and purchase agreements
• Managing post-sale liability of the seller through warranties
• Non-compete restrictions
• Partnership and Shareholders agreements
• TUPE business transfers

The Public House team provides practical, cost-effective legal advice to pub owners across Yorkshire and throughout England and Wales.

The Public House team draws on a broad range of skills and experience from across the Firm, so we can always find the right person to advise you. Some of the ways in which we can help are listed below:

• Buying or selling a public house business
• Buying or selling a public house premises

The Public House team draws on a broad range of skills and experience from across the Firm, so we can always find the right person to advise you.

We have experience facilitating the buying and selling of Pubs, Clubs and other Entertainment Venues and can assist things to run smoothly and efficiently. From carrying out the due diligence to setting up the sale contract to the transfer of any licenses, we have the professional expertise to conclude the transaction as quickly as possible.

Our dedicated commercial property specialists will make sure that you are adequately protected after the purchase has completed should serious problems arise. We also help where complex lease negotiations are required with any landlord. Remember when negotiating the terms of occupation: break clauses (allowing the break of the lease at certain times), repair clause (qualified by a photographic schedule of condition), rent review based on the open market, and a lease within the Landlord and Tenant Act 1954 for security of tenure (to renew on the same terms) are some of the factors to consider when entering into a Lease of Business Premises.

Our legal experts can assist with the drafting, negotiation, and straightforward legal advice on matters including:

• Due diligence  
• Heads of Terms
• Leases
• Pre-sale agreements
• Confidentiality agreements
• Exclusivity agreements
• Sale and purchase agreements
• Managing post-sale liability of the seller through warranties
• Non-compete restrictions
• Partnership and Shareholders agreements
• TUPE business transfers

Looking to buy or sell a Park Home? Our team of expert property solicitors can assist you in following the process required under the Mobile Home (Selling and Gifting) (England) Regulations 2013.  

Park Homes is a niche area of residential conveyancing. It is an area in which we specialise whether it is the sale or purchase of a Park Home (also known as Mobile Homes). We have dealt with many sales and purchases of Park Homes in recent years.

The law covering Mobile Homes was updated with the passing of Mobile Holmes Act 2013 and Mobile Holmes (Selling and Gifting) (England) Regulations 2013. The Act and Regulations set out the procedures to follow and forms to be used to complete the sale of a mobile home.

Whether you are looking to buy or sell a park home we offer a no-nonsense, competitively priced service please contact us for a no obligation quote. We can assist with the following:

• Gifting and/or selling their Mobile Home
• Buying a Mobile Home
• Any disputes with Park owners including:

1. 1. Unreasonable withholding by Park owner of approval of a purchaser
   2. Over pitch fees, utility costs and other costs; and
   3. Over maintenance obligations

At TR1 Property Lawyers we deal with all aspects of buying and selling a business in London, contact us for more information