When you need expert legal advice, do you know where to turn?
We understand law, so you don’t have to, and our team of legal specialists are all experts in dealing with the dental sector.
Practice sales and purchases….
Our specialist team deals with a significant number of dentists and practice owners who are buying or selling their practices. We appreciate that this can often be an emotive and stressful process, so our team takes pride in making that process as smooth and painless as possible.
We provide a guiding hand throughout the entire process, from advising on CQC, transferring NHS contracts, drafting and negotiating contracts, liaising with mortgage lenders, to helping with due diligence and advising on commercial agreements, so whatever stage you’re at in a practice sale or purchase, our team would be happy to talk things through with you – there’s no obligation.
Whether you are buying or selling a practice there will almost always be a property involved, whether that be a freehold sale or purchase, an assignment of an existing lease or the grant of a new lease. Our specialist team work closely with the practice sales and purchase team to ensure the property element is progressed quickly, efficiently and in conjunction with the sale or purchase.
We are able to deal with all aspects of the transaction including assisting with the due diligence exercise, drafting, negotiating and advising upon commercial leases, acting for banks and mortgage lenders if you are taking funding and dealing with post completion obligations such as registering your purchase at the Land Registry and Stamp Duty Land Tax requirements.
Aside from buying and selling practices our commercial property team have a wide range of general property experience and can assist with a variety of other issues including acting for landlords or tenants in respect of business leases, rent reviews, licences to occupy business premises, assured shorthold tenancy agreements and also re-financing existing lending or taking additional funding over commercial or residential property.
We appreciate that property documents can be complex and contain lots of legal jargon, that’s why our experienced team are always happy to answer any queries you have in relation to the property elements, no matter what stage of the process.
If you’ve got an NHS contract, have you protected it? The best way of protecting your NHS contract is to consider a ‘Nominal Partnership’ arrangement with another individual (dentist). This means that if something were to happen to you, you would not lose your contract and you are effectively safeguarding your estate/family if your business were to be sold further down the line.
If your contract is not protected, there is a possibility that your contract will be ‘lost’ by your estate and the value that you could have been relying on to support your family in the future also being lost.
Death and mental incapacity can be ruinous for a business and its employees, let alone the family members and others expecting to inherit. We have seen several cases where a practice has lost the NHS contract upon death of the principal and the Local Area Team have put the contract out to tender leaving the beneficiaries unable to realise its goodwill value.
If you’ve got any questions or concerns about how best to do this, our legal team would be happy to talk it through with you.
Commercial Litigation (disputes)….
Whether you are an individual or a business our litigation team know exactly how stressful and upsetting it can be when you are involved in a dispute or conflict. We’re here to help and make sure you don’t suffer too many sleepless nights.
Consulting our team early often identifies a course of action that can resolve a potential dispute before Court action occurs. However, when disputes do result in Court action, with FTA Law on your side you can be confident in the knowledge that you have someone you can trust, who puts your best interests first and gives you the best possible chance of obtaining a successful outcome.
Our litigation team have a wealth of experience in various litigious matters including (but not limited to) boundary disputes, breach of contract, debt recovery, partnership disputes, tribunal claims and property litigation.
Should you need them, they’re only ever a phone call away.
If you’re self-employed and working within a practice, it’s worth taking time to review your contract with a specialist dental lawyer. You should be aware of what restrictions, if any, are part of your contract and ensure that they are ‘reasonable’. This is particularly key if, going forward, you’re planning to buy a practice of your own.
Furthermore, if you are a practice owner with associates working in your practice, it’s important that you get any agreements and contracts checked to ensure everything is in order and to minimise the risk of disputes further down the line.
Remember whatever legal advice and support you need, now or in the future, you can rest assured that our professional team will take care of you and will always put you and your business first.
Call 0330 088 2275 today to speak directly to one of our legal specialists.