I am intersted in purchasing an existing winery. Do I need a specialized lawyer? If so, what type of background should they have so that I can search for one?
International Law Attorney
Good approach. Yes, you need one. I would suggest an attorney with corporate, business and tax experience and vision licensed in the state where you want to buy. Good luck!
This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
Agreed. Good business transactional lawyer should work well.
If you need representation, call us at (530) 758-8317 or email email@example.com Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. If you want that advice from us, contact us at firstname.lastname@example.org.
In purchasing an existing business, you're going to want an Accountant to audit the profit and loss statements and other financial books of the business, and you're going to want a Business Law attorney to handle the legal aspects of the purchase. Avvo.com has an excellent listing for Pennsylvania, and I'm sure you can find a competent and experienced attorney to help you. Good Luck on your case!
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified.
That being said, you have three significant areas of law involved; real estate, corporate/mergers and acquisitions and tax. Depending on the structure of the purchase, the real estate issue may not be relevant (i.e. if you by the stock of the company that owns the real estate). However, if you buy the property directly as an asset purchase of some kind, then there may be only real estate issues. If you are buying an operating business with employees, you may have some employment issues to review as well.
I would need to know more before telling you which type of attorney is best situated to assist you. If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Bala Cynwyd, PA 19004
That sounds like a great experience and opportunity. I would suggest hiring a good local attorney that can stick with you as your company grows. The attorney will not need to be an expert in each field but have the connections within his firm or network to access an expert when necessary.