Sale and purchase agreement disputes
The Sale and Purchase Agreement of any transaction represents the eventual outcome of key negotiations for pricing and commercial reasons. However, despite the best intentions and careful drafting, disputes can arise during or after the execution of a Sale and Purchase Agreement.
Whether you are a buyer or seller, there are fiduciary duties involved, and if they are breached disputes can arise. These disputes can result in significant financial loss, damage to business relationships, and legal consequences for both parties involved. Resolving these disputes effectively and efficiently is crucial to minimise the negative impact and safeguard the interests of the parties.
At Annecto Legal, we can put you in touch with sale and purchasing agreement dispute solicitors who can help you protect your rights and interests and achieve a positive outcome for your case. We can also assist by helping you to secure litigation funding for your case.
Unfortunately, because of the high costs of legal actions in the UK, we only assist in disputes which are valued at over £250,000, at the absolute minimum. We would like to be able to help with other claims, but we just don’t have access to any products that can assist on smaller matters.
Types of sale and purchase agreement disputes
There are several types of Sale and Purchase Agreement (SPA) disputes that can arise between parties. Some of the most common disputes that we deal with include the following:
- Breach of contract
- Non-payment or payment disputes
- Disputes over contract interpretation
- Breach of warranty claims
- Force majeure and impossibility
- Post-closing adjustments
- Termination and cancellation
- Intellectual property disputes
- Non-compliance with regulatory requirements
- Shareholders agreements
It is important to note that the specific types of disputes can vary depending on the nature of the transaction, industry, and the terms and conditions outlined in the business sale and purchase agreement. Resolving these disputes often requires careful analysis of the contract, relevant laws, and the facts surrounding the disagreement.
Sale and purchase agreement disputes can be resolved through several methods, including alternative dispute resolution methods and litigation. The best method depends on the nature of the dispute and the preferences of the parties involved. Listed below are some common methods for resolving sale and purchase agreement disputes:
- Negotiation: The parties can attempt to resolve the dispute through direct negotiation. This may involve exchanging information, making offers and counteroffers, and attempting to find a mutually acceptable resolution.
- Mediation: Parties to a sale and purchase agreement dispute can engage a neutral third-party mediator to facilitate negotiations and help them reach a resolution. Mediation is a less formal and less expensive process than litigation, and it is often faster.
- Arbitration: Parties to the dispute may agree to submit the dispute to binding arbitration, where a neutral arbitrator hears the evidence and issues a decision that is typically binding on both parties. Commercial arbitration can be less expensive and less time-consuming than litigation.
- Litigation: If parties cannot come to an agreement using the above methods, they may be required to proceed to court to settle their dispute. Litigation can be a more formal and more expensive process than the other methods, but it can be necessary in some cases.
An experienced sale and purchase agreement dispute solicitor can help guide parties through the appropriate resolution method with expert legal advice.
Funding sale and purchase agreement disputes
As with any case, legal costs in sale and purchase agreement disputes can escalate quickly. Therefore, it is essential that you are aware of the funding options that are available to you. Funding dispute claims can be a complex process and will depend on the individual circumstances of the case. Listed below are some of the options for funding a sale and purchase agreement dispute claim.
- Conditional fee agreements – Conditional fee agreements (CFAs), also known as ‘no win, no fee agreements’, are a type of funding arrangement that allows individuals to pursue a claim without paying legal fees upfront. Under a no win no fee basis, the law firm agrees to take on the case and only charges a fee if the case is successful. If the case is unsuccessful, the client does not have to pay these legal fees.
- Contingency fee agreement – Some sale and purchase agreement dispute solicitors may offer to take on a property dispute claim on a contingency fee basis, which means that they will only charge a fee if they are successful in securing a financial settlement or damages. The fee payable to the solicitor is usually a percentage of the amount recovered, and if the case is unsuccessful, the law firm will not charge a fee.
- After the event insurance – After the event (ATE) insurance is a type of insurance that can provide cover for legal costs in the event that a case is unsuccessful. This option can be particularly useful in cases where the outcome is uncertain, and the costs of losing a case could be significant. ATE insurance is often used with conditional fee agreements and contingency fee agreements.
- Third party litigation funding – In some cases, third party litigation funders may be willing to provide funding for a property dispute claim in exchange for a percentage of any financial settlement or damages awarded. This option can be attractive for individuals who cannot afford to pay for legal fees themselves but have a strong case. ATE insurance is often used in conjunction with this type of funding.
How can Annecto Legal assist?
At Annecto Legal, we assist a range of clients in finding the right legal representation for their sale and purchase agreement disputes. We also ensure the appropriate litigation funding and insurance is put in place to ensure there are no financial barriers.
The preference is always to find a suitable settlement in a reasonable timeframe, but the best way to achieve this is to negotiate from a position of strength. Having the best sale and purchase agreement dispute solicitors and being fully funded gives you that strength and forces your opponent to the negotiating table.
If you are in the process of pursuing or defending a dispute and want to find out whether you’ve got a claim, then contact Annecto Legal now. We can help find you the right representation, as well as managing your financial risks and sourcing funding for your legal fees.
Get in touch
* Annecto Legal can only assist on case where the loss is in excess of £100,000, with the exception of data breach claims. If you need assistance on a claim worth over £100,000, please get in touch using our form or the details below:
Annecto Legal Ltd, 106 Kennedy Building, Murray Street, Manchester , M4 6HS
71 Central Street, London, EC1V 8AB
0800 612 6587