Trade - Real estate

It includes :

• Intangible assets: brand name, trade name, leasehold rights, customer base, etc.
• Materials: furniture, tools, machines, merchandise, etc.

This fund has an intrinsic value that can be valorized and sold.

This price is based on multiple criteria:

• The geographical location of the premises and the marketability of the site;
• Physical characteristics of the premises ;
• Rent-setting conditions ;
• The rent-setting date ;
• Rental terms and conditions ;
• the nature of the activities carried out ;
• the quality of the fittings ;
• average sales in previous years;
• operating income, etc.

MOSAIK provides you with the keys to maximizing the value of your business assets, but above all it assists you in finding a buyer at the price set by the firm's lawyers, who act as real estate transaction agents, by signing a search agreement/mandate.

MOSAIK can also help you find the right premises for your needs, either by buying a business or negotiating a new lease for an empty space.

Once a buyer has been found, or a fund selected, MOSAIK secures the process by concluding various deeds (unilateral promise of sale or purchase, compromis de vente - synallagmatic promise of sale, deed of sale).

These deeds will secure the respective interests of the different parties by means of contractual conditions agreed in advance:

• earnest money
• advance
• advance
• deposit
• condition precedent (e.g. financing/despecialization of lease)
• resolutory condition

MOSAIK will then verify that the operation is viable by checking :

• the economics of leasing;
• the regularity of the activity with regard to the lease ;
• the regularity of administrative authorizations;
• the regularity of the various licenses (alcohol);
• regularity of business permits (tobacconist);
• the existence and regularity of authorizations granted by the town hall for signs;
• the validity and legality of public-use authorization agreements;
• the absence of any agreement entered into by the seller binding the new owner of the land;
• the state of indebtedness, the absence of liens and pledges on the business. Where applicable, to release them once the business has been acquired;
• the absence of an administrative ban or suspension ;
• the regularity of the fund's situation vis-à-vis the tax authorities;
• the absence of litigation likely to have an impact on the fund's situation;

Once the transfer operation is ready, the deeds are signed in the presence of the lawyer, to give them full value through a private deed, by a lawyer if necessary.

MOSAIK may then be asked to carry out the various publication formalities (publication in a legal gazette, publication in the Bulletin officiel des annonces civiles et commerciales (BODACC)) and to sequester the funds with the legal receiver to enable any creditors to request payment of their claim.

Once the deadline has expired, and the transaction has been verified to be in order, MOSAIK will transfer the funds to the seller.

The sale of a business is an important operation that requires special attention, since the sale process must ensure that the business being sold is free of all defects and irregularities.