Independent guide

Asset Purchase Agreement for an Online Business

The asset purchase agreement is where a commercial understanding becomes a detailed allocation of assets, obligations and risk.

Updated September 14, 2026Educational research
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Define exactly what is being sold

List domains, code, content, trademarks, customer data, inventory, contracts, social accounts, analytics properties and other included assets. Separately identify excluded assets.

Define liabilities

Clarify which obligations remain with the seller and which, if any, the buyer assumes. Digital businesses can have refunds, chargebacks, subscriptions, taxes, vendor commitments and customer obligations that need explicit treatment.

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Representations and warranties

These provisions can cover ownership, financial information, contracts, litigation, compliance, IP and other material facts. Their scope and remedies deserve professional review.

Purchase price and adjustments

Document cash at closing, escrow, holdbacks, seller notes, earnouts, inventory or working-capital adjustments and the conditions for any future payment.

Closing and transfer mechanics

Use schedules for assets, credentials, account migrations and third-party consents. State when control transfers and what happens if a platform or provider delays the process.

Transition and post-close obligations

Define training, support, restrictive covenants where lawful, customer communications and how disputes will be handled.

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