Conveyancing Law and Practice: Business Sale and Lease Analysis

This assignment on Conveyancing Law and Practice addresses two primary scenarios: the sale of a small business and the leasing of commercial space. Question 1 examines the legal aspects of a business sale, including the importance of a confidentiality agreement, the role of the accountant, and the factors determining the reasonableness of restrictive covenants. It also explores matters needing resolution during negotiations, the warranties in a standard contract, and the client's obligations regarding ownership claims, lease compliance, and staff contracts. Question 2 focuses on a commercial lease agreement, analyzing the rights and obligations of the lessor and lessee under NSW legislation, particularly the Retail Leases Act 1994. It examines the requirements for a valid lease, implied covenants, and the lessor's and lessee's responsibilities regarding assignment, subletting, and premises usage. The assignment requires referencing relevant case law and statutes to support the legal analysis.