Buying a dental practice can be a significant investment and an important step in a dentist’s career. For many dentists, practice ownership provides greater control over how the business operates, the opportunity to build a valuable commercial asset and the ability to benefit from the future growth of the practice.
However, purchasing a dental practice also involves considerable financial and professional responsibilities. The value of a practice will depend on a range of factors, including its financial performance, patient base, staffing arrangements, property, NHS contracts and existing liabilities. It is therefore important to understand exactly what you are acquiring before committing to the purchase.
Obtaining legal advice at an early stage can help identify potential issues, protect your investment and ensure that the transaction is structured appropriately.
Initial Telephone Discussion
For an initial telephone discussion, please call us on 020 4570 9600 or email hello@birdigroup.com and we will be in touch shortly.
Is a Dental Practice a Good Investment?
Whether buying a dental practice is worthwhile will depend on your individual circumstances, commercial objectives and the practice you are considering purchasing.
An established dental practice may provide an existing patient base, experienced staff, premises, equipment and established sources of income. This can allow a buyer to acquire an operating business rather than establishing a new practice from the outset.
However, the purchase price alone should not determine whether a practice represents a suitable investment. Buyers should carefully consider the financial performance of the business, its existing contractual commitments and any investment that may be required following completion.
The structure of the practice will also be important. A practice with significant NHS income may involve different considerations from a predominantly private practice. Matters such as NHS contracts, CQC registration, associate arrangements and property occupation may all affect the transaction and the future operation of the business.
Careful due diligence can help a buyer understand these matters before becoming legally committed to the purchase.
Key Issues When Buying a Dental Practice
Every dental practice is different and the issues that need to be considered will depend on the nature of the business.
Financial information will usually be an important part of the buyer’s assessment. Buyers will want to understand the practice’s income, expenditure and financial performance and identify any matters that could affect the value of the business following completion.
The legal due diligence process may also consider NHS contracts, CQC registration, employment arrangements, associate agreements, equipment ownership, patient complaints, regulatory compliance and any existing or threatened disputes.
Property arrangements should also be considered carefully. Where the practice operates from leasehold premises, the terms of the lease and any landlord requirements may affect the transaction. Where property is being acquired alongside the practice, separate legal and financial considerations may arise.
Buyers should also understand which liabilities they may assume as part of the transaction and whether appropriate protections are included within the purchase agreement.
Potential Issues When Buying a Dental Practice
Purchasing an established practice can provide significant opportunities, but buyers should be aware of the potential risks involved.
Issues identified during due diligence may affect the value of the practice or require further negotiation before the transaction proceeds. These may include concerns regarding NHS contract arrangements, regulatory compliance, employment liabilities, property issues, restrictive covenants or contractual arrangements with associates and hygienists.
A practice may also require further investment after completion. Equipment may need replacing, premises may require improvement or existing commercial arrangements may need to be reviewed. Understanding these potential costs before completing the purchase can help buyers make a more informed assessment of the investment.
Problems can also arise where the information provided during the transaction is incomplete or does not accurately reflect how the practice operates. Appropriate due diligence and contractual protections can help reduce these risks.
Why Legal Advice Is Important
Buying a dental practice involves considerably more than agreeing a purchase price. The legal documentation will determine what is being acquired, which liabilities are being assumed and the protections available to the buyer if problems arise after completion.
Legal advice can assist with carrying out due diligence, reviewing the structure of the transaction and negotiating the purchase agreement. This may include negotiating warranties and indemnities designed to provide appropriate protection in relation to information provided by the seller.
Careful legal advice can also help identify regulatory, employment, contractual and property issues before they become obstacles to the transaction.
Addressing these matters at an early stage can help buyers understand the practice they are acquiring and make an informed decision about whether the proposed purchase is right for them.
How We Can Help
Buying a dental practice can be an exciting opportunity, but careful preparation is important to ensure that your investment is properly protected.
Our experienced team provides clear and practical advice throughout every stage of a dental practice acquisition. We can assist with legal due diligence, drafting and negotiating purchase agreements, advising on property matters and helping manage the regulatory aspects of the transaction.
We can also advise on warranties and indemnities, employment and associate arrangements and other contractual matters affecting the practice.
We work closely with dentists, accountants, brokers, lenders and other professionals involved in dental practice transactions to protect our clients’ interests and help achieve a smooth and successful acquisition.
How to Get in Contact
If you are considering buying a dental practice and require specialist legal advice, contact our experienced team today.
To get in touch, call us on 020 4570 9600 or email hello@birdigroup.com.
We can advise and assist clients throughout England and Wales.