“Mise en place.” It is a French phrase which means “putting everything in its place.”  These words can be associated when you are planning to sell or buy a restaurant, cafe, or bakery. There is a right process in transferring one’s ownership rights of his or her specific food business to a potential buyer. In order to have a smooth and successful business transaction, a person must have the knowledge and insight about the essential steps and ways one should carefully follow in this matter. In this article, we have some downloadable agreement samples to guide you. Keep on reading!

FREE 10+ Restaurant, Cafe, Bakery Purchase and Sale Agreement Samples

1. Restaurant Purchase and Sale Agreement Template

restaurant purchase and sale agreement template

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  • Microsoft Word (DOC)
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Size: A4 & US

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2. Restaurant Conditional Sale Agreement Template

restaurant conditional sale agreement template

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3. Restaurant Buy Sell Agreement Template

restaurant buy sell agreement template

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4. Restaurant Stock Purchase Agreement Template

restaurant stock purchase agreement template

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5. Restaurant Bill of Sale Template

restaurant bill of sale template

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6. Agreement of Purchase and Sale of Business Assets Template

agreement of purchase and sale of business assets template

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7. Purchase and Sale Agreement Template

purchase and sale agreement template

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  • Microsoft Word (DOC)
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8. Business Sale Agreement Sample

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  • PDF

Size: 175 KB

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9. Buying and Selling Guide for Restaurant

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10. Sample Restaurant BuyOut Contract

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  • PDF

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11. Sample Asset Sale Agreement

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Size: 53 KB

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What is a Restaurant Purchase and Sale Agreement?

When buying an existing business from someone else like a restaurant, cafe shop or bakery, you need to investigate the purchase, in great depth, to make sure you are securing a good deal. Then, when you are finally decided on acquiring the business, you should have a purchase and sale agreement ready in hand. 

A restaurant purchase contract or agreement is definitely fundamental for the purchase and consecutive operation of a restaurant business. Restaurants are notably strenuous businesses to buy because you should be prepared to engage yourself in a long and careful review of the market before investing any large amount of money.

How to Create a Restaurant Purchase and Sale Agreement?

This form involves the sale of a restaurant, cafe or bakery, including its bar business, liquor license and real estate. Seller will finance part of the purchase price by a promissory note secured by a mortgage or deed of trust and a security agreement. 

In this part, we give you some helpful tips in creating a simple and effective restaurant purchase and sale agreement:

1. Specify the parties to the agreement

Clearly indicate the full legal names of the both parties involved in this purchase and sale agreement. The key here is to specify the company name or the name of the buyer, along with his or her title. 

2. Include consideration for an acquired business

This is an essential step when considering how sellers get paid and the buyers pay. There are many ways that a business seller or restaurant owner can be compensated in regards to an acquisition. These compensation methods can be broad and complicated. But usually, payment normally includes cash,or a payable note.

3. Add warranties and indemnities

According to this article,  warranties generally carry the form of assurances from the seller as to the condition of the target company or business. An award of damages for breach of warranty has the objective to put the claimant in the position it would have been in had the warranty been real, subject to the common contractual rules on mitigation and absence.

In contrast, an indemnity is a promise to reimburse the claimant in respect of loss experienced by the claimant. The purpose of an indemnity is to offer pound for pound compensation due to the respect of a certain loss. 

4. Conclude the deal through conditions precedent

An article explained that a condition precedent is a legal term which describes a condition or event that must come to pass before a specific contract or agreement is considered in effect or any obligations are expected of either party. Within the context of business contracts, condition precedents take the form of conditions that dictate handling of different activities.

 

FAQs

What is the purpose of a purchase and sale agreement for restaurants, cafes, and bakeries?

The purpose of a purchase and sale agreement  is to have a legal and professional document in the proper method of transferring ownership rights for a business establishments such as restaurants, cafes, bakeries, etc. 

According to an article published by Kreamer Law Firm, a well-structured and appropriately drafted purchase agreement is vital in setting out the terms of the transaction, and the terms of any additional agreements, and contains certain statements/responsibilities of the seller on which the buyer is depending on. 

What are the key factors in creating a restaurant purchase and sale agreement?

The key factors to consider in creating a purchase and sale agreement are the following:

  • Basic personal information
  • Deposit amount
  • Conditions and warranties
  • Benefits of buyer
  • Additional clauses 
  • Benefits of seller
  • Commissions

What should be included in a business purchase agreement?

A business purchase agreement should include the terms of the sale, what is or is not included in the sale price, and optional clauses and warranties to protect both the seller and the purchaser after the transaction has been made.

How legally binding is a purchase agreement?

A purchase agreement is a legal document that is signed by both the buyer and the seller. When both parties sign, it becomes a legally binding contract. The seller can only accept the offer by signing the document, not by just giving the products.

 

Small business ownership is dangerous under even the most optimal conditions. However, with careful examination and thorough planning, new applicants into the closely held small business stage possibly have a superior opportunity of acquiring an existing business than in establishing an original venture. If you’re one of these aspiring applicants in the business scene, you can freely use our guides with the aforementioned tips and ways we provided here. Thus, we give you some of our downloadable and printable commercial purchase and sale agreement samples available in many kinds of formats. Please click the samples and templates in this article and start downloading now!

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