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Home/Business Lawyer/Buying a Business Lawyer Toronto
Business Lawyer

Buying a business
lawyer Toronto.

Toronto business purchase lawyer for entrepreneurs and investors. Purchase agreements reviewed, due diligence coordinated, and deals negotiated — so you buy the business, not its problems.

· Reviewed by Jonathan Kleiman, J.D.

15+
Years at the
Ontario Bar
400+
Business matters
resolved
4.7
224 verified
Google reviews
FREE
30-minute
consultation

Legal Guidance When Buying a Business

Jonathan Kleiman is a business purchase lawyer in Toronto who represents entrepreneurs, investors, and business owners buying a business in Ontario. Whether you are acquiring a small business, buying into an existing operation, or completing a multi-party transaction — Jonathan provides the legal review, due diligence, and negotiation you need to protect your investment.

Buying a business is one of the most significant financial decisions you will make. The purchase agreement, the due diligence findings, the commercial leases, and the representations you rely on will determine whether the business you buy is the business you think you are buying. Having a Toronto business acquisition lawyer involved from the start is not a luxury — it is a necessity.

Every engagement begins with a free 30-minute consultation.

Business Purchase Agreements

The purchase agreement is the contract that governs every aspect of the transaction — the price, the assets or shares being transferred, the representations the seller is making, and the protections available to you if those representations turn out to be false.

A business sale contract lawyer drafts or reviews the purchase agreement from the buyer's perspective, ensuring that your interests are protected at every stage of the deal.

What Jonathan covers in a purchase agreement

  • Purchase price and payment structure — lump sum, instalment payments, earnouts, and holdbacks
  • Representations and warranties — the seller's statements about the business, its finances, and its liabilities
  • Indemnification provisions — who pays if the seller's representations turn out to be wrong?
  • Non-compete and non-solicitation — preventing the seller from competing with you or taking customers and employees
  • Conditions to closing — financing, landlord consents, regulatory approvals, and third-party consents
  • Transition and training — the seller's obligations to help you transition into the business
  • Allocation of liabilities — which debts and obligations stay with the seller, and which transfer to you

Need a contract drafted or reviewed for your business? Learn more about contract lawyer services or contract disputes.

Asset Purchases vs Share Purchases

There are two fundamental ways to buy a business in Ontario — an asset purchase or a share purchase. The structure you choose affects your liability exposure, tax consequences, and the complexity of the transaction.

01

Asset purchase

You buy specific assets — equipment, inventory, contracts, customer lists, goodwill, intellectual property — without acquiring the corporation. You choose what to buy and what to leave behind.

02

Share purchase

You buy the shares of the corporation, acquiring the entire entity — including all assets, contracts, employees, and liabilities. Simpler to execute, but you inherit everything, including unknown obligations.

03

Liability implications

Asset purchases let you exclude known liabilities. Share purchases expose you to historical liabilities — including tax debts, pending litigation, and undisclosed obligations that existed before you bought the shares.

04

Tax considerations

Buyers generally prefer asset purchases for the tax advantages — including the ability to step up the cost base of acquired assets. Sellers often prefer share purchases for capital gains treatment. Jonathan works with your accountant to structure the deal efficiently.

Due Diligence for Business Buyers

Due diligence is the investigation you conduct before completing the purchase. It is your opportunity to verify that the business is what the seller says it is — and to identify the risks that could affect the value of your investment.

Jonathan coordinates the legal due diligence and works alongside your accountant and financial advisors to ensure nothing material is missed:

  • Financial statements and tax returns — are the numbers accurate and consistent?
  • Material contracts — are key contracts assignable, and do they survive a change of ownership?
  • Commercial leases — can the lease be assigned, and is landlord consent required?
  • Employee obligations — are there employment contracts, benefit plans, or outstanding claims?
  • Intellectual property — does the seller actually own the IP, trademarks, and trade names?
  • Litigation history — are there pending or threatened lawsuits?
  • Regulatory compliance — are all licences, permits, and registrations current?
  • Tax obligations — are there outstanding tax liabilities, HST arrears, or payroll source deduction issues?

Reviewing Commercial Contracts and Leases

Many businesses depend on commercial leases, supplier agreements, customer contracts, and licensing arrangements. When you buy a business, you need to know whether those contracts survive the transaction — and whether the terms are favourable.

Jonathan reviews commercial contracts and leases with a focus on:

  • Assignment and change-of-control clauses — can the contract be transferred to you?
  • Lease term and renewal options — how much time is left, and what does renewal require?
  • Operating costs and rent escalations — what will you actually pay over the lease term?
  • Personal guarantees — are you required to personally guarantee the lease?
  • Exclusivity and non-compete provisions — is your location protected from direct competitors?
  • Key customer and supplier dependence — is the business reliant on contracts that could be terminated?

Buying a business in Toronto?

Free 30-minute consultation. Get a clear legal assessment before you sign.

Negotiating Business Purchase Terms

The purchase agreement is almost always drafted by the seller's lawyer — and it is written to protect the seller. A business transaction lawyer negotiates from the buyer's side to rebalance the agreement and protect your investment.

Jonathan negotiates on your behalf to improve the terms where possible:

  • Price adjustments — working capital adjustments, inventory true-ups, and earnout provisions tied to post-closing performance
  • Holdbacks and escrows — retaining a portion of the purchase price to cover post-closing claims
  • Broader representations and warranties — requiring the seller to stand behind more detailed statements about the business
  • Survival periods — extending the period during which you can bring indemnification claims
  • Non-compete terms — strengthening the geographic scope and duration of the seller's non-compete
  • Transition support — requiring the seller to remain involved during the transition period

Protecting Buyers During Business Transactions

A business purchase lawyer in Toronto protects you at every stage of the acquisition — from the letter of intent through closing and beyond.

01

Letter of intent

Jonathan reviews or drafts the LOI to establish key terms — price, structure, exclusivity, and conditions — before you invest in due diligence.

02

Due diligence

Jonathan coordinates the legal investigation — reviewing contracts, leases, corporate records, litigation, and regulatory compliance to identify material risks.

03

Purchase agreement

Jonathan drafts or negotiates the purchase agreement with detailed representations, warranties, indemnifications, and conditions that protect your position.

04

Closing

Jonathan manages the closing process — ensuring all conditions are satisfied, documents are executed, consents are obtained, and the transaction completes properly.

Most straightforward business purchases are handled on a flat-fee or capped-fee basis. You'll know the cost before the work begins.

Common Risks When Buying a Business

Business buyers make predictable mistakes — and most of them are avoidable with proper legal advice. Jonathan sees the same issues repeatedly:

  • Skipping due diligence — trusting the seller's representations without independent verification
  • Weak purchase agreements — agreements with limited representations, short survival periods, or no indemnification
  • Inheriting unknown liabilities — especially in share purchases where historical obligations transfer with the corporation
  • Overlooking lease issues — the lease cannot be assigned, has unfavourable terms, or is about to expire
  • Ignoring employee obligations — employment contracts, benefit plans, and statutory obligations that transfer to the buyer
  • No non-compete protection — the seller opens a competing business or takes key customers

Buying a franchise carries many of the same risks, with additional regulatory requirements under Ontario's Arthur Wishart Act. If your purchase involves a franchise system, see our franchise purchase agreement services.

The purchase agreement is written by the seller's lawyer to protect the seller. Your job is to make sure someone is protecting you — before the deal closes, not after.

Why Choose Jonathan Kleiman

15+
Years experience
Business law and transactions across Toronto since 2011.
400+
Matters resolved
For business owners, entrepreneurs, and investors.
4.7
Google reviews
From 224 verified Toronto clients.
FREE
First consultation
30 minutes. No fee, no obligation.
Flat-fee
Pricing
On most business purchase and transaction work.
Direct
Access
Jonathan answers his own phone, email, and text.

Jonathan earned his B.A. (with distinction) at McGill University and his J.D. at Queen's University. He has been a member of the Law Society of Ontario since 2011.

Buying a business is a major investment. Your lawyer should understand the deal as well as you do — and be available when you need answers, not two weeks later.

Related practice areas

Speak With a Toronto Business Purchase Lawyer Today

If you are considering buying a business — or already have a letter of intent or purchase agreement in front of you — the time to get legal advice is before you sign, not after.

Call 416-554-1639 or book a free consultation.

FAQ

FAQs.

The questions Toronto entrepreneurs and investors ask most often about buying a business, purchase agreements, due diligence, and working with a business purchase lawyer.

01 Do I need a lawyer to buy a business in Ontario?

Buying a business involves complex legal agreements, financial due diligence, and regulatory compliance. A business purchase lawyer reviews the purchase agreement, identifies hidden liabilities, negotiates protective terms, and ensures the transaction closes properly.

The cost of legal representation is a fraction of the cost of buying a business with undisclosed problems.

02 What is due diligence when buying a business?

Due diligence is the process of investigating a business before you buy it. It includes reviewing financial statements, tax returns, contracts, leases, employee agreements, intellectual property, litigation history, and regulatory compliance.

A business purchase lawyer coordinates the legal due diligence and identifies risks that could affect the value of the business or your liability after closing.

03 What is the difference between an asset purchase and a share purchase?

In an asset purchase, you buy specific assets of the business — equipment, inventory, contracts, goodwill — without acquiring the corporation. You choose what to buy and what to leave behind.

In a share purchase, you buy the shares of the corporation, acquiring the entire entity including all assets, contracts, and liabilities. Asset purchases give the buyer more control. Share purchases carry the risk of inheriting unknown liabilities.

04 How much does a business purchase lawyer cost in Toronto?

Most straightforward business purchases are handled on a flat-fee or capped-fee basis. Jonathan quotes the fee before work begins so there are no surprises.

Complex transactions involving multiple parties, regulatory approvals, or contested terms may be billed hourly with a budget agreed upfront.

05 What are the biggest legal risks when buying a business?

The biggest risks include undisclosed liabilities, inaccurate financial statements, unfavourable lease terms, employee obligations you inherit, pending litigation, tax arrears, and intellectual property the seller does not actually own.

A business purchase lawyer conducts due diligence to identify these risks before you close the transaction.

06 How long does it take to buy a business in Ontario?

A typical business purchase takes 4 to 12 weeks from signed letter of intent to closing, depending on the complexity of the transaction and the scope of due diligence required.

Simple asset purchases can close faster. Share purchases or transactions requiring third-party approvals, landlord consents, or regulatory clearances may take longer.

07 What is included in a business purchase agreement?

A business purchase agreement typically includes the purchase price and payment terms, description of assets or shares, representations and warranties, indemnification provisions, non-compete covenants, conditions to closing, and allocation of liabilities.

A business purchase lawyer drafts or reviews the agreement to protect your interests at every stage. Book a free consultation to discuss your transaction.

Buying a business starts with legal protection.

Before you sign the purchase agreement, get a business lawyer to review everything. Free 30-minute consultation with a Toronto business purchase lawyer.

Call 416-554-1639 Free Consultation