Specialist Asset Sale Dispute Lawyers for Australian Businesses
Asset sale disputes arise when a business sells or buys specific assets, such as equipment, intellectual property, contracts, stock or a business division, and the parties disagree over what was agreed or delivered. They commonly involve assets that aren’t as described, disputes over title or ownership, disagreements over price allocation and payment, and problems transferring contracts, licences or employees. We advise sellers and buyers across Australia on resolving these disputes.
Our team has deep experience with asset purchase agreements, warranties and indemnities, and the issues that most often cause asset sales to go wrong. We assess the dispute early, advise on realistic outcomes and pursue the path most likely to protect our client’s interests, whether that’s negotiating a resolution or pursuing a claim. Fixed-fee options are available for defined stages of a matter, and we act nationally from offices in Melbourne, Sydney, Brisbane and Perth.
Asset Purchase Agreement Disputes
We act in disputes over the terms, performance and enforcement of asset purchase agreements.
Title & Ownership Disputes
We advise when the title to, or ownership of, a sold asset is challenged or defective.
Misdescribed or Defective Asset Claims
We act where assets sold weren’t as described, or were missing, defective or encumbered.
Price Allocation & Payment Disputes
We help resolve disagreements over how the purchase price is allocated or paid.
Transfer of Contracts, IP & Licences
We advise on disputes over transferring contracts, intellectual property and licences as part of an asset sale.
Negotiation, Mediation & Litigation Support
We resolve asset sale disputes through negotiation and mediation where possible, and litigate when necessary.
Our Services
- Business Sale Disputes
- M&A / Transaction Disputes
- Misrepresentation and Misleading Conduct Claims
- Breach of Contract Claims
- Intellectual Property Disputes
- Corporate and Commercial Litigation
- Dispute Resolution Services
FAQs
An asset sale is the sale of specific assets of a business, such as equipment, intellectual property, stock or customer contracts, rather than the sale of the whole business or its shares. The buyer chooses which assets to take, and generally leaves the other liabilities behind.
Allied Legal identifies exactly what was sold and on what terms, so your dispute is assessed against the right agreement and the right assets.
If the assets were misdescribed, defective, missing or subject to undisclosed encumbrances, you may have a claim for breach of the asset purchase agreement, breach of warranty or misrepresentation. The remedies available depend on what the agreement says and what you were told.
Allied Legal reviews the agreement and the information provided before the sale, then pursues the strongest available claim to recover your loss.
A dispute over title can arise if the seller didn’t have the right to sell the asset, if it was subject to security or another party’s interest, or if ownership wasn’t properly transferred. These disputes can be serious because they go to the heart of what the buyer paid for.
Allied Legal investigates the chain of title and the transfer documents, and advises on the fastest way to protect your ownership or recover your position.
Yes. In an asset sale, the purchase price is often allocated across different assets, and the parties can disagree on how it should be allocated or whether it has been paid in full. Disagreements can also affect how the sale is treated for tax purposes.
Allied Legal reviews the allocation provisions and payment history, and works to resolve the disagreement, with tax advice from your accountant where it’s needed.
Most are resolved through negotiation or mediation, often guided by the dispute resolution clause in the asset purchase agreement, with court proceedings available if that fails.
Allied Legal manages this process on your behalf, aiming for a commercially sensible outcome while preserving your right to litigate if the other side won’t engage constructively.
As early as possible, ideally as soon as you find an issue with the assets, the title or the payment terms. Asset purchase agreements often contain strict notice and claim deadlines that can be lost if you wait.
Allied Legal reviews your documents immediately to protect your position and identify the best available options.
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