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In a business sale where one owner wants to buyout the other owners interest in the business but the sale includes real estate, can we do a stock sale so the business name and all contracts stay the same but also do an asset sale for the real estate?
Yes, that could be done, but it could get messy if the company has other third party debts. If the real estate is sold, the proceeds would go to the company. The individuals selling the company would presumably want the proceeds. If the company distributed the proceeds to the selling owners of the company (before the consummation of the stock sale), and in doing so made the company insolvent, the selling owners could incur liability for the distributions.
If you would like to discuss in more detail, please ask for attorney and partner Bill Groh. We can be reached at (303) 688-0944.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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DisclaimerThe response posted is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.