Legal Question in Business Law in California

Re: Small business sale

Your question assumes that using some canned form is the best, or a preferable, way to buy or sell a business of the type you describe.

Aside from the need to involve someone with business acumen to determine whether the deal is worth doing from a business standpoint (maybe you could give SCORE a call), we get letters all the time from people who used canned forms and who now regret not having spent a couple of hours of lawyer time having a contract reviewed or drafted based on the specifics of the deal. Using or customizing a form, even one written by one of my esteemed colleagues here on LawGuru, can have unintended consequences, the law applicable to the contract may have changed since the form was drafted, and most importantly, the attorney you hire to draft your own contract is responsible and accountable to you. Forms aren't.

Re: Small business sale

Boiler plate form? None.

You'll need thorough and specific provisions to cover the buy, sell, warrantees, representations, disclaimers, etc. etc. If you don't know what they are and how they apply, get counsel to avoid lawsuits later.