Phoenix Business Purchase Dispute Litigation Attorneys Protect Parties’ Rights
Arizona legal advocates represent sellers and buyers of businesses in disputes with each other
Business purchase agreements are essential to economic vitality. They allow successful enterprises to continue flourishing after their original owners no longer wish to continue operating them. However, they can also be a source of conflict if the new owners believe that they were misled or any of the parties fail to live up to their part of the deal. If a dispute arises, the skilled Arizona attorneys of Law Offices of Donald W. Hudspeth, P.C. in Phoenix, with more than 20 years of business litigation experience, are ready to step in and provide effective representation in the resulting lawsuit.
Firm provides adroit representation in all types of business purchase dispute litigation
There are several types of claims that a disappointed business seller or purchaser may file in court, such as:
- Fraud and misrepresentation — If a seller misrepresents a material fact about the business — that is, something a reasonable purchaser would consider important to the transaction, such as the financial picture of the business — whether intentionally or negligently, and the purchaser relies on that misrepresentation, the purchaser may be able to sue the seller for damages or to rescind the transaction and get their money back. The purchaser likewise has a duty not to make any material misrepresentations to the seller.
- Failure to disclose material facts — In some circumstances, the buyer and seller may have duties to disclose facts that would justifiably induce each other to agree to the transaction or to do or not do something that alters the nature of the transaction. For example, one of them might have a duty to disclose if they learn that key facts have changed or prior statements they made were misleading or untrue. .
- Breach of contract — Each side has a duty to perform their obligations under the business purchase contract. For instance, the purchaser has a duty to pay the purchase price and the seller has a duty to deliver all the assets it promised the purchaser. If one or the other fails, the other side may sue to enforce the contract or collect damages that resulted from the breach.
- Unfair competition — A seller may also be liable if it engages in certain types of conduct that unfairly competes with the purchaser’s business, such as opening another business with the same or a confusingly similar name or violating a contractual obligation not to compete with the business.
If you are a seller or purchaser of a business and you have a dispute with any other party to the transaction, we can determine what causes of action you might have and advocate on your behalf if litigation ensues, whether you are the plaintiff or defendant.
Accomplished legal counselors advise on cost-effective alternatives to litigation
Whether you are operating a business or trying to retire, you might wish to avoid incurring the cost of litigating a case in court. Fortunately, we are also experienced in various methods of alternative dispute resolution, including both arbitration and mediation. If the other side is amenable or the business purchase contract makes it mandatory, we can use these less expensive, less time-consuming and more private means of reaching a resolution. If both sides are already represented by counsel, our firm offers arbitration and mediation services.
Contact an experienced Phoenix purchase dispute litigation law firm
Law Offices of Donald W. Hudspeth, P.C., takes an authoritative, practical approach to business purchase dispute litigation. To schedule a consultation with a knowledgeable business litigation lawyer, call our office today at 866-696-2033 or contact us online. Located in midtown Phoenix, our office is easily accessed by light rail or car, with plenty of available parking.