Business Acquisitions & Sales

The purchase or sale of a business is a time of unbridled optimism for at least one side or the other, and sometimes both sides. However, the modern realities of owning and operating a business means that there are numerous issues besides a price that must be considered, negotiated and documented in connection with the purchase or sale of a business.

Representations and warranties from the sellers, and maybe even the buyers, and issues relating to intellectual property, trade secrets, co-owners, vendors, customers, employees, landlords, competitors, non-compete agreements from the sellers and different types of potential taxes all need to be considered and often addressed in a contract for the purchase and sale of a business. The failure to address these issues, and possibly many others depending on the type of business, can spell disaster for the seller or buyer or both, in the form of lawsuits by disgruntled employees, creditors, landlords, competitors or others. Recognizing, negotiating and reaching agreements on these issues up front between the buyer and seller of a business is crucial. These agreements must be carefully drafted so there is no confusion or disputes after the transaction is concluded. Otherwise, the all too frequent result is an expensive, time consuming and aggravating lawsuit, which could have been avoided if a proper and comprehensive acquisition agreement was negotiated and signed.

Winsten Law Group has substantial experience in negotiating and drafting letters of intent and acquisition agreements in a wide variety of industries. We also have a successful track record of litigating and settling lawsuits arising out of business acquisition disputes when the need arises.

For more information about your business purchase and sale questions, please fill out this brief form: