In this episode, host Sarah Stoddart delves into the intricacies of lease assignment during the sale of a pharmacy business.
Two critical documents in the assignment process are the sale contract and the existing lease. The sale contract will indicate the buyer’s preference for the lease assignment and any potential amendments. Meanwhile, the lease will contain a clause stipulating the conditions under which the landlord's consent to the assignment can be obtained, often requiring the seller to seek consent a certain number of days before the assignment is to occur.
Typically, landlords cannot unreasonably withhold consent for lease assignments, but they may impose conditions, such as requiring information about the incoming tenant's financial standing and business experience.
The podcast emphasises the need for meticulous adherence to the necessary legal steps involved in lease assignment transactions, encouraging sellers to work closely with their lawyers throughout the process. Ultimately, executing a transparent and compliant assignment will facilitate a smoother transition of the pharmacy business.
Through this detailed exploration of lease assignments, the podcast aims to equip businessowners with the legal knowledge required to navigate this critical aspect of selling their business efficiently and effectively.
Calm The Pharm is brought to you by your host, Sarah Stoddart. Sarah is the founder and director of Vitality Law Australia, a boutique law firm which provides small business owners and healthcare professionals across Australia with clear legal pathways and peace of mind. She is recognised as a leader in the healthcare industry and is one of only a few lawyers in Australia with specialist experience working with pharmacy businesses.
In 2021, Sarah was named the Lawyers Weekly Women in Law Australian Sole Practitioner of the Year. She was also named as a finalist in the AusMumpreneur Business Awards. In 2022, she was named as a finalist in the Women in Business Awards for The Hills and Districts Chamber of Commerce, the Australian Law Awards and again in the Women in Law Awards.
Sarah is the co-author of business book, “Courage and Confidence”. The book is a collection of inspirational stories combined with practical tools, tips and advice written by a small group of Australian women in business. She is also a non-executive director of MS Queensland.
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