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Hypothetical example: a Puslinch couple buying a U.S. truck-wash business must obtain three counterparties' signatures in the right order. The lender determines whether borrowing leaves the buyers' own capital at risk, the landlord determines whether the premises remain available, and the seller's escrow terms determine when funds become irrevocably committed. Document any forced relocation as it happens.
The lender, and what the debt is secured on
Where part of the price is borrowed, the security determines whether that money is treated as the buyers' own capital at risk. Debt secured on the assets of the business being acquired shifts the risk onto the enterprise and is not counted. Debt secured on the buyers' own property, or a personal obligation for which they are liable, does place their assets at risk and ordinarily is counted. Ask the lender in writing what the security actually is and obtain the loan and security documents, not a term sheet. This is worth resolving before an offer is made, because restructuring the financing after the fact is slow and sometimes impossible.
The landlord, and the lease that may not assign
A service business often depends on its site more than on its equipment, and leases frequently require the landlord's consent to assignment. A refusal after closing is not merely inconvenient; it can move the enterprise to different premises with a different catchment and different economics, so that the business now operating is not the one described. Make the lease assignment a condition of closing wherever possible, and get the landlord's consent in writing before the money moves. If a relocation does become necessary, document it immediately: the new lease, the reason, the equipment moved, the cost, and the effect on revenue.
The seller, and the point of no return
The application needs capital irrevocably committed, which means the money must have passed beyond the buyers' control. Escrow under written instructions is the usual mechanism, with a narrowly drafted condition addressing a refusal. A broad withdrawal right protects the buyers commercially while weakening the commitment the case depends on, so the drafting is a deliberate trade-off. Ask the seller's counsel for the payment mechanics early and have the buyers' own counsel draft any visa-related condition. Keep the closing statement, the price allocation across equipment, goodwill and inventory, and the bank records showing the transfer.
What else is on your mind?
Is there one minimum investment that guarantees E-2 eligibility?Is holding money or owning an asset enough for E-2?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.