Specialist Business Sale Dispute Lawyers for Australian Businesses
Business sale disputes arise after a business has been bought or sold, when the buyer and seller disagree over what was promised, delivered or paid. Common flashpoints include disputes over earn-out payments, breach of warranties given in the sale agreement, undisclosed liabilities, and disagreement over completion adjustments. Left unresolved, these disputes can affect a business well after the sale has closed. We advise buyers and sellers across Australia on resolving these conflicts.
Our team has deep experience with business sale agreements, earn-out structures and the warranty and indemnity provisions that drive most post-sale disputes. We assess a 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.
Earn-Out Dispute Advice
We advise buyers and sellers on disputes over earn-out calculations and payments following a business sale.
Warranty & Indemnity Claims
We act in disputes arising from a breach of warranties or indemnities given in a business sale agreement.
Undisclosed Liability Disputes
We advise on disputes involving liabilities or issues not disclosed before a business sale completed.
Completion & Adjustment Disputes
We help resolve disagreements over completion accounts and price adjustments after a business sale.
Sale Agreement Breach Disputes
We act in disputes arising from a breach of the underlying business sale agreement.
Negotiation, Mediation & Litigation Support
We resolve business sale disputes through negotiation and mediation where possible, and litigate when necessary.
Our Services
- Asset Sale Dispute
- M&A / Transaction Disputes
- Misrepresentation and Misleading Conduct Claims
- Breach of Contract Claims
- Ambiguous Contractual Obligations
- Corporate and Commercial Litigation
- Dispute Resolution Services
FAQs
A business sale dispute is a disagreement between the buyer and seller of a business after the sale, commonly over earn-out payments, breach of warranties, or undisclosed liabilities.
An earn-out is a future, performance-based payment as part of a business sale. Disputes commonly arise over how performance is measured or calculated against the agreed targets.
Warranties are promises the seller makes about the business’s financial position, contracts and compliance. A breach of warranty can give the buyer a claim for damages.
Often yes, if the issue relates to a warranty or indemnity given in the sale agreement, though time limits and disclosure exceptions may apply.
Most business sale disputes are resolved through negotiation, often based on the sale agreement’s own dispute resolution clause, before escalating to court if needed.
As early as possible, particularly once an earn-out disagreement or a potential warranty breach is identified, so evidence and options can be preserved.
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