INSIGHTS: Recent trends in buying and selling pharmacies

Meridian Lawyers acts for pharmacists in the sale and purchase of their pharmacy businesses.  Issues which arise in these transactions commonly include:

• the negotiation of the contract for sale of the business in order that the written contract reflects the wishes of the parties
• the obtaining of necessary approvals and consents (such as Pharmacy Council of NSW approval and a PBS approval from the Department of Human Services)
• the grant or assignment of the premises lease
• the treatment of employee entitlements on transfer of a business
• the requirements of lenders for security including right of entry deeds.

Recently, we have seen an increased resistance by lessors to consent to the assignment of pharmacy leases.  In our experience, lessors are requiring more information about a prospective assignee, and additional security for the lease such as increased bank or personal guarantees than has traditionally been the case.

The legislation governing retail leases in a particular State or Territory can sometimes assist in securing lessor’s consent, as can the wording of the relevant lease which might dictate the circumstances in which a lessor can withhold consent.

For assistance with the sale or purchase of a pharmacy business please contact Mark Fitzgerald (Melbourne) on 03 9810 6767 or Georgina Odell (Sydney) 02 9018 9975 for further assistance.

Disclaimer: This information is current as of May 2018. This article does not constitute legal advice and does not give rise to any solicitor/client relationship between Meridian Lawyers and the reader. Professional legal advice should be sought before acting or relying on the content of this article.