The funds must be irrevocably committed before the application is decided, so the usual structure is to sign, place the purchase price in escrow releasing on approval, and apply. Waiting until after a visa is granted leaves nothing committed and invites refusal.
Commit through escrow, then apply
The sequencing dilemma is the same for every treaty investor and the answer is well settled. Money still in a Canadian account is intent, not investment, and an application built on a purchase agreement with no funds moved will usually be refused. Money paid over with no protection means a refusal costs them the business as well as the visa.
Escrow resolves it: the full price sits with a third party under an agreement that releases it to the seller on approval and returns it to the buyers on refusal, and consular practice treats that as irrevocably committed. Around that, the ordinary transaction steps proceed: incorporation of the U.S. entity, due diligence on occupancy and the rent roll, environmental and zoning checks on the site, and the financing commitment.
Neither spouse may work at the facility before admission in E-2 status, so the seller or an employee should run it through the interval. Hypothetical example: a Hope appliance-repair couple finds a U.S. shop whose seller will accept an escrow condition but wants a quick closing.
The first review maps the escrow clause, business purchase, entity formation, and visa application so that money is committed on a protected condition rather than held as a mere intention. The signed escrow agreement and proof of funds movement are the records that settle commitment. The decision is whether the seller will accept approval-contingent release; if not, the buyers must decide whether they can bear the commercial risk of a refused application before transferring the price.