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The asset purchase agreement is typically drafted by the buyer and seller of the assets. However, in some cases, it may be handled by an attorney.
At its most basic, a purchase agreement should include the following: Name and contact information for buyer and seller. The address of the property being sold. The price to be paid for the property. The date of transfer.
At its most basic, a purchase agreement should include the following: Name and contact information for buyer and seller. The address of the property being sold. The price to be paid for the property. The date of transfer. Disclosures. Contingencies. Signatures.
In an asset purchase, the buyer agrees to purchase specific assets and liabilities. This means that they only take on the risks of those specific assets. This could include equipment, fixtures, furniture, licenses, trade secrets, trade names, accounts payable and receivable, and more.
The purpose of this agreement is to protect the buyer and seller by setting clear guidelines for the transaction. Some of the elements that are included in this agreement might include the transfer of ownership, the transfer of assets, the assumption of liabilities, and any warranties or promises made by the seller.
Parts of a Business Sale Agreement Parties. The names and locations of the buyer and seller will be clearly stated in the first paragraph or two of the contract. ... Assets. The agreement will detail the specific assets being transferred. ... Liabilities. ... Terms. ... Disclosures. ... Disputes. ... Notifications. ... Signatures.
What Must You Include in an Asset Purchase Agreement? Party information. Include the full legal names of the business, buyer, and seller in the opening paragraph. Definitions. ... Purchase price. ... Purchased assets. ... Representations and warranties. ... Dispute Resolution. ... Indemnification. ... Closing conditions.
Definitions of the words and terms to be used in the legal instrument. Terms and conditions of the sale and purchase of the assets, including purchase price and terms of the purchase (full payment at close, down payment, subsequent payments, etc.) Terms and conditions of the closing of the agreement, if any.