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An asset sale is the purchase of individual assets and liabilities, whereas a stock sale is the purchase of the owner's shares of a corporation. While there are many considerations when negotiating the type of transaction, tax implications and potential liabilities are the primary concerns.
As a rule of thumb, sellers prefer share sales and buyers prefer asset sales. Here are five of the key considerations why: 1. Liability. With a share sale, all of the assets and liabilities of the target company remain with that company. This means that (subject to any agreed price adjustments or indemnifications) the seller gets to walk away from any liabilities and the buyer takes them on.