Buying or Selling a Business?

Kelly Webster • October 7, 2026

How does the transaction differ from a real estate closing?

Although there are significant differences in the due diligence a buyer will engage in prior to closing, several aspects are similar.


First, the need for a contract between the parties (often referred to as an Asset Purchase Agreement in business closings), and the need for a neutral escrow agent to prepare closing documents, settlement statements and handle the escrow and disbursement of documents, funds, prorations and payoffs.


There are typically two options in acquiring a business: 1) purchasing the ownership interests of the entity selling the business, and 2) purchasing the assets of the business, but not the ownership entity itself. A detailed analysis of the pros and cons of each option is necessary to effectively structure the transaction.


RattikinLaw assists our business clients in structuring the transaction, preparing the contract, drafting the closing documents and providing escrow services for closing, funding and payoffs. As in our real estate closings, our experience and attention to detail provides peace of mind to the parties involved, and a smooth transition of the business.


Questions? Jeff Rattikin can help. Contact him via email at rattikin@rattikinklaw.com.

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