Home Q&A Forum Can I update a business purchase agreement post-signing?

Contracts

Business Purchase Agreement

New York

Asked on Oct 17, 2023

Can I update a business purchase agreement post-signing?

I recently purchased a business and signed a purchase agreement. However, I have since discovered that the agreement does not include certain terms that I believe are important to the transaction. I would like to know if it is possible to update the agreement post-signing to include these additional terms.

Answers from 1 Lawyer

Answer

Contracts

New York

Answered 923 days ago

Damien B.

ContractsCounsel verified

Business Lawyer
Licensed in New York
4.9 (13)
Member Since:
October 3, 2023

Hello. You mention updating a purchase agreement. It sounds like your goal is to modify the agreement. And generally, the agreement itself would set forth how modifications can occur. Usually, modifications must be in writing upon the consent of the parties to the agreement. Therefore, if one party wants to modify the agreement because that party wants to include additional terms, the parties to the original agreement can enter into a written modification or addendum to the agreement.

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Due diligence is an important aspect of a business purchase agreement. Like due diligence in real estate transactions, in a business purchase, due diligence is the buyer's opportunity to verify material facts and circumstances. This is why, in many cases, the buyer will condition the offer to purchase upon due diligence. A prospective buyer should consider consulting with a knowledgeable attorney before executing a business purchase agreement.

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