Are the booths and counter included when you buy a diner?

Nothing looks more like part of a diner than its booths and counter. They are still just items someone owns, and who owns them depends on how they were installed and what the lease says. A listing that says the business is turnkey does not settle it. Settle it in writing before closing.

Whose are they?

Fixed seating, a bolted counter and tiled backsplash may count as improvements to the space. Ask your lawyer whether the lease says who keeps improvements when the tenant leaves. Ask the seller for the lease and any amendments, then ask your lawyer to read the wording on fixtures and improvements.

What the equipment schedule should say

The purchase agreement usually attaches a schedule of what is being sold. Make it specific. List each booth bank, the counter, the stools, the back bar, the shelving, the cooking line and the signs, with makes and any serial numbers where they exist. A loose phrase such as “all equipment” invites disputes.

• Walk the room with the schedule in hand and tick each item off.
• Note anything leased, financed or owned by a supplier, such as a coffee machine.
• Ask whether any lender holds a claim over the equipment.
• Photograph the room on the day you inspect it.

Landlord consent

If the landlord owns some fixtures or must approve a new tenant, raise it early. The lease may also limit changes you can make to the room later. Our page on food premises licences covers a related question.