Dunham LLP

Call Now 512-764-3986

Dunham LLP

Call Now 512-764-3986

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Dedicated Lawyers With High Performance in Business Litigation

Breach Of Contract Claims Regarding Buy-Sell Agreements

We have handled claims of breach of contract arising from many different types of asset and business acquisition agreements. Transactions that involve the purchase and sale of a company or its assets can also trigger duties under state and federal securities laws.

When a party refuses to comply with its contractual and other legal obligations, a business litigation attorney can help you obtain legal recourse. The breach of contract lawyers at Dunham LLP are experienced in enforcing the rights of companies and individuals under an asset or business acquisition agreement.

Knowledgeable Representation When Disputes Regarding Acquisition Agreements Arise

Buy-sell agreements are essential for any business owner. Our knowledgeable attorneys understand how they work and what can occur if such agreements are not followed. These binding contracts define what happens to a business partner’s share if that person dies or leaves the company. Exit strategies and succession plans are commonly addressed in buy-sell agreements.

When a party refuses to comply with its contractual and other legal obligations, a business litigation attorney can help you obtain legal recourse. The breach of contract lawyers at Dunham LLP are experienced in enforcing the rights of companies and individuals under an asset or business acquisition agreement.

What Common Triggers Lead To A Breach Of Contract Claim Under A Buy-Sell Agreement?

Certain events or triggers can affect the ownership of a business, such as:

  • The death, disability or retirement of a partner
  • A partner filing for bankruptcy
  • A divorce that changes a partner’s ownership share
  • An attempt to transfer ownership outside the agreed terms

When one party refuses to follow through on their buyout obligations following any of the above events, the dispute may lead to a breach of contract claim.

What Remedies Are Available If A Business Partner Refuses To Honor A Mandatory Buyout Provision?

A partner who refuses to honor a buyout provision may face two main legal remedies. The court may:

  • Award financial damages to cover the financial harm to the other party
  • Order specific performance, which requires the breaching party to complete the buyout as written

Our business litigation attorneys can review your situation and advise which remedy can give you the stronger position.

How Are Valuation Disputes Handled When Enforcing A Buy-Sell Agreement In Texas?

Every case is different, but valuation disputes often depend on what is stated in the buy-sell agreement. If the contract sets a valuation method, the court will apply it. If no method exists, the parties may rely on appraisals or testimony to establish value.

How Do Federal And Texas Securities Laws Apply To Buy-Sell And Acquisition Agreements?

When a buy-sell or acquisition agreement involves the transfer of securities interests, both federal securities laws and Texas law may impose disclosure obligations and other duties on the parties. Failing to meet these requirements can expose a party to liability beyond a standard breach of contract claim, including potential securities fraud claims.

Can A Court Enforce Specific Performance To Compel A Buy-Sell Transaction Instead Of Awarding Monetary Damages?

Yes, Texas courts can order specific performance in buy-sell agreement disputes when monetary damages would not adequately compensate the nonbreaching party. Our business litigation attorneys can evaluate whether the facts of your case support a claim for specific performance.

Contact Us To Learn More

Buy-sell and acquisition agreements are binding contracts that will be enforced by the courts if there is noncompliance by a party. Put our experience on your side when you need a lawyer to handle litigation regarding acquisition agreements. We combine our experience in litigating business disputes with flexibility regarding fee arrangements, different from the high hourly rates of large firms. Unlike many larger firms, Dunham LLP frequently offers clients the benefits of creative hourly rate structures and contingency or success fee arrangements. For a consultation, contact our lawyers online or call us at 512-764-3986.