Gas station lawyer: what they do and how to choose one

• Buying or selling a station or c-store: to write or review the purchase agreement and guide the closing.
• Signing or renewing a fuel supply agreement: these often run for years and can require repayment of incentives if you leave early.
• Signing a lease, especially a lease from your fuel supplier.
• Environmental issues: old tanks, a past leak, a state cleanup fund claim, or a “no further action” letter.
• Licenses and permits: beer and wine, tobacco, lottery and food permits often do not transfer automatically.
• Disputes with a supplier, landlord, partner or franchisor.

1. Reviews the letter of intent before you sign it, so the big terms are right from the start.
2. Drafts or negotiates the purchase agreement: price, what is included, how inventory is counted, the deposit, and the conditions to close.
3. Protects you on environmental risk: making sure there is a Phase I report, deciding who pays for any cleanup, and adding the right promises to the contract.
4. Reviews the fuel contract and lease to see whether they can be transferred, and on what terms.
5. Works with the title company and the lender so the closing happens on time.
6. Checks licenses and plans the transfer or new applications.

Many good local business and real estate lawyers handle simple station deals well. For complex deals, a lawyer who works with fuel marketers is worth it. They know how branded fuel contracts and incentive repayments work, the federal law that governs fuel franchises (the Petroleum Marketing Practices Act), state tank rules and cleanup funds, and what terms are normal in station deals.

A setup that works for many owners: a local lawyer for the closing, with a petroleum specialist reviewing the fuel contract.

• How many gas station or c-store deals have you closed in the last two years?
• Have you reviewed fuel supply agreements for my brand?
• Are you licensed in the state where the station is?
• Flat fee or hourly? What is included?
• Who will actually do the work?
• How fast do you usually turn a contract around?

It depends on the deal and the state. Some lawyers quote a flat fee for a straightforward purchase; others bill hourly. Deals with real estate, environmental questions or several stations cost more. Ask for a written estimate up front, and compare at least two.

• They have never read a fuel supply agreement.
• They suggest skipping the Phase I environmental report “to save money.”
• They are slow to call back before you have even hired them.
• They also represent the other side.

Over the years we have worked alongside many attorneys on station and c-store deals. Our partners page lists the ones we recommend, including firms with fuel-industry practices and local options by state. On that page, tap Get introduced on a firm’s card and we will connect you personally. In another state? Ask us and we will find options near the business.

Buying? Read our due diligence checklist and how to buy a gas station. Selling? Start with sell my gas station and the sale checklist. Financing the purchase? See gas station lenders.