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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.
Bulk Sales Many Buyers will require that a sale be structured as an Asset Purchase in order to avoid responsibility for prior liabilities or expenses of the business. However, a Buyer may still have liability for such expenses in the event that the Buyer acquired more than one-half (1/2) of the Seller's inventory and equipment as measured by the value of those items on the date of the Bulk Sale Agreement.