What happens to unfinished headstone orders when a monument company is sold?
Unfinished headstone orders do not disappear when a monument company is sold. The buyer and seller should list every open order, agree in the purchase agreement who finishes each one and how deposits are dealt with, and ask a lawyer what the transfer means for the customers.
Headstones are ordered months ahead. At any moment a monument company may hold deposits, stone on order, foundations waiting to be poured and installs waiting for the right season. A sale lands in the middle of all that. Families who ordered from the old owner still expect the stone, so buyer and seller need a clear plan for every order in progress.
Start with a complete list
Before the agreement is drafted, build a list of every open order. Show the customer, the cemetery, the design, the stage, what has been paid and what remains, and whether the stone has been ordered. Check it against the stock in the yard and the supplier invoices. Check for gaps here. The due diligence period is the time to do it.
Decide who finishes each order
The agreement should say whether the buyer takes over each order or the seller completes some of them, and who pays the costs still to come. If a stone is cut but not set, or a foundation is waiting on the season, say who is responsible. Consider how the families will be told and when, because a quiet change of owner can look like a company that has gone silent.
Deal with deposits openly
Families have paid money for work not yet done. Buyer and seller should agree how those deposits are accounted for, whether they are credited in the price and how the buyer will honour them. Ask whether any rule requires deposits to be held a certain way, because your lawyer is the one who can answer that. The asset purchase agreement sections page shows where such terms can sit.
Keep the families informed
Plan a short, honest message to customers with an open order, with a named person to call. Make sure the files, proofs and approved lettering move to the buyer intact, so no family has to approve a design twice. If a delay is likely, say so early.
Related reading
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Selling
Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Business Development Bank of CanadaGovernmentMajor pitfalls to avoid when negotiating a purchase agreement
- 02Business Development Bank of CanadaGovernmentHow to conduct due diligence when buying a business
- 03Business Development Bank of CanadaGovernmentWhat are the steps to buying a business?
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