Business Transactions
A bill of sale is a legal document made by the seller for the purchaser/buyer that reports the time and place of sale as well as the value received (money or otherwise). This written instrument transfers the title of personal property from the seller to the buyer.
A bill of sale can be absolute or conditional. An absolute bill of sale simply documents the transfer of personal property; it is equivalent to a contract of sale of goods under common law. A conditional bill of sale also documents transfer of property but with the condition of security for the payment due. It therefore creates security in favor of the grantee (the buyer) because the grantee is given the right of seizure.
Contract Negotiation
A contract is a lawful agreement entered into voluntarily by two or more competent parties. Contracts may be made orally or by conduct, but obtaining written proof of a contract is the best way to attain remedy if a breach of contract later occurs.
A breach of contract— the failure to perform as stated in the contract—will result in the award of damages. These are typically monetary but also can include “specific performance,” which refers to actions that the losing party needs to take.
Parties who wish to enter into a contract should be aware of the obligations that each party has. The business law attorneys at Tuohy Minor Kruse can help you draft proper agreements, negotiate terms, or review contracts drafted by another attorney. We have the experience and knowledge to help your business achieve the most efficient and protective agreements for your specific needs.
Business Formations
Deciding which type of business entity is right for your business can be critical to your success. The types of formations you can have include Incorporation, Limited Liability Company, Limited Partnership, and Partnership. Our knowledgeable attorneys will provide both the expertise and the necessary tactical guidance to help you start your new venture in the most effective way possible. In advising you, we welcome collaboration with your accountant or tax advisor.
Purchase and Sale of Your Business
A business looking to gain a valuable asset often purchases a successful, smaller business, usually through an acquisition or a merger. This purchase and sale process can often be complex for both sides, each with its own set of risks and concerns. Whether you are looking to acquire a new business, or sell your assets to a larger company, a consultation with the business law attorneys at Tuohy Minor Kruse can help you reduce your risk and save time and money.
Business Agreements
Businesses of all sizes can benefit from using standard business agreements in their day-to-day operations. These agreements may involve sales, procurement, confidentiality, and employment. Implementing agreements regularly can help your business become more efficient and reduce your liability. Large corporations often employ full-time, in-house attorneys who review and negotiate every agreement that needs to be signed. Unfortunately, this option is not feasible for most small businesses. Our business law attorneys can prepare standard, template agreements for your small business. And if something out of the ordinary arises, our business attorneys can offer guidance and help you modify your standard agreements to fit the situation at hand.