Buying a Restaurant?
We'll Help You Move Forward with Confidence.
Acquiring a restaurant is one of the biggest decisions you'll make. We're here to help you understand what you're buying, protect what matters, and close the deal with clarity.
This Is a Big Decision.
And You Shouldn't Navigate It Alone.
Buying a restaurant is exciting. It's also complex. Between the lease, the liquor license, the equipment, and the staff, there's a lot to evaluate, and most of it falls outside your day-to-day operating experience.
You're not just buying a kitchen and a dining room. You're stepping into someone else's business, contracts, and obligations. The right legal partner helps you see the full picture before you sign.
At Fourscore, we work with first-time restaurant buyers and experienced operators growing their portfolio. We bring the same care and attention to every transaction because we know how much this decision matters to you.
Due Diligence That Protects Your Investment
We coordinate with your broker, lender, and CPA to make sure nothing falls through the cracks. Here's what a legal review typically covers:
Ownership & Structure
Is this an asset purchase or stock purchase, and what's the difference for you?
Does the seller actually own what they're selling, including the recipes, brand, and trade name?
Are there liens, debts, or obligations that could transfer to you?
Are you buying the building along with the restaurant, or just the business?
Contracts & Agreements
Can the lease be assigned? What does the landlord require, and does the space still work for your concept?
Is there a liquor license involved, and can it be transferred, or do you need to apply for a new one?
Are there equipment leases, POS/software contracts, vendor agreements, or franchise agreements that don't automatically transfer?
What non-compete and non-solicitation terms should be in place with the seller?
People & Operations
What happens if key staff, including the chef or manager, leave after the sale?
Are employees classified correctly, and do any employment agreements or tip-pooling policies need to change hands?
How will vendor and supplier relationships carry over?
Risk & Protection
Are there any pending claims, health code violations, or compliance issues?
Is the business current on sales tax, payroll tax, and any state ABC (alcohol) reporting?
What representations and warranties should the seller make?
What's your exposure if something comes up after closing?
A Clear Path from
LOI to Closing
Step 1:
Initial Consultation
We'll learn about the restaurant you're considering, your goals, and your timeline. If there are red flags, we'll tell you early.
Step 2:
Legal Strategy
We draft, review, and negotiate the LOI, purchase agreement, lease assignment, and loan documents, coordinate due diligence, and identify the issues that matter most for your specific deal, including liquor license transfer requirements
Step 3:
Execution and Closing
We negotiate terms, prepare closing documents, and guide you through signing day so you can focus on opening night.
Frequently Asked Questions
-
It isn't legally required, no. But purchase documents from a broker are designed to get the deal done, not to protect you if something goes wrong. We review what you're actually buying and negotiate terms that work in your favor.
-
In an asset purchase, you buy specific assets (equipment, goodwill, recipes, trade name) and generally don't inherit the seller's liabilities. In a stock or stock purchase, you buy the whole company, including any debts or claims. Most restaurant acquisitions are structured as asset purchases.
-
Liquor licenses often can't simply be handed over. Depending on your state and license type, you may need approval to transfer the license or apply for a new one, which can affect your timeline. We help you understand what's required before you're locked into a closing date.
-
Usually +/- 4 weeks, but it varies widely by deal and depends greatly on how organized the seller's records are (and whether a liquor license transfer is involved). We work alongside your lender and CPA to keep things on track.
-
Partnership buy-ins involve additional agreements including operating agreements, buy-sell provisions, and clear terms for what happens if the partnership ends. We draft these alongside the purchase terms.
-
The purchase price is only part of it. Depending on the deal, you may also fund working capital, an escrow, licensing and permit costs, lender fees, lease deposits, and your own transaction expenses. We help you see the full number early so financing and cash flow don't become a problem two weeks before closing.
-
Most restaurant buyers purchase through an LLC or corporation to limit personal liability and simplify licensing. We help you set up the right structure before closing.
Let's Talk About Your Restaurant Acquisition
You've found a restaurant that feels right. Now let's make sure the deal is right too.