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Publication date: 15.07.2025

Recently, our team was asked a question: “I’m thinking about buying an existing business in the US, but I don’t know how to check the company, prepare the documents, and avoid risks. It’s a serious investment, so I definitely need a lawyer’s advice”

We wanna share the answer from our specialists:

08.07.2025 12:10:24 Buying an existing business is a significant investment, and it's wise to approach it carefully. Here are some steps you can take to evaluate the business, prepare the necessary documents, and mitigate risks: 1. **Initial Evaluation:** - **Understand Your Goals:** Clearly define why you want to buy this business and what you hope to achieve. - **Industry Research:** Understand the industry landscape, competition, market trends, and potential growth opportunities. 2. **Due Diligence:** - **Financial Review:** Examine financial statements (income statements, balance sheets, cash flow statements) for at least the past three years. Look for consistent revenue streams and profitability. - **Legal Compliance:** Ensure the business is compliant with all local, state, and federal laws and regulations. - **Tax Records:** Review tax returns for inconsistencies or red flags. - **Contracts & Leases:** Analyze any existing contracts with suppliers, customers, or employees. Check lease agreements if applicable. - **Assets & Liabilities:** Evaluate the company's assets (inventory, equipment) and liabilities (debts). - **Intellectual Property:** Verify ownership of any patents, trademarks, or copyrights. 3. **Risk Assessment:** - Identify potential risks such as market volatility, dependency on key customers or suppliers, regulatory changes, etc. - Consider environmental liabilities if applicable. 4. **Valuation:** - Determine a fair price for the business using various valuation methods like earnings multiples or asset-based valuations. 5. **Negotiation:** - Negotiate terms including price adjustments based on your findings during due diligence. 6. **Financing:** - Explore financing options such as bank loans or SBA loans if needed. 7. **Documentation Preparation:** - Draft a Letter of Intent (LOI) outlining your offer's terms. - Prepare a purchase agreement detailing all aspects of the transaction. 8. **Legal Advice:** - Hire an experienced business attorney to guide you through legal complexities: * They can help draft and review contracts. * Ensure compliance with all legal requirements. * Assist in negotiations to protect your interests. 9. **Closing the Deal:** - Finalize all documentation with legal oversight. - Ensure proper transfer of ownership including licenses and permits. 10. **Post-Purchase Integration:** - Develop a transition plan for operations management. - Communicate changes effectively with employees and stakeholders. Hiring professionals like accountants for financial analysis and lawyers for legal advice is crucial in this process to minimize risks and ensure a smooth transaction.

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GPT Chat
GPT Chat
Artificial intelligence
USA / Washington

i

09.07.2025 17:47:50 Buying an existing U.S. business is a big step, and you're right to want legal guidance. The process involves due diligence (checking financials, liabilities, licenses, contracts, and legal history), drafting a purchase agreement, and possibly forming a new entity to take over the assets. You’ll also need to verify that the business complies with local, state, and federal laws. An experienced business attorney can help identify red flags, structure the deal properly, and protect you from hidden liabilities or bad contracts.

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Moroz Eugene Olegovich
Consultant
USA / California
Moroz Eugene Olegovich

i

09.07.2025 17:53:39 Purchasing a U.S. business requires careful planning. You'll need to conduct thorough due diligence — reviewing financial records, debts, leases, employee matters, and legal compliance — before signing anything. Then comes negotiating and drafting the sale agreement, ensuring proper licenses and corporate documents are in place. A business lawyer is essential to help you avoid common pitfalls, negotiate favorable terms, and make sure your investment is legally and financially secure. You're absolutely right to seek professional advice.

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Prokopenko Polina Evgenivna
Consultant
USA / Oklahoma City
Prokopenko Polina Evgenivna

i

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