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ARTICLE · 14 DECEMBER 2022

The Sandbag

Have you ever negotiated a contract where the other party deliberately conceals information from you, intending to take advantage of that information after the deal is done...

CanadaCorporate/Commercial Law

Have you ever negotiated a contract where the other party deliberately conceals information from you, intending to take advantage of that information after the deal is done? The other party is trying to “sandbag” you and believe it or not, some contracts for the purchase of a business contain provisions drafted specifically for this purpose. If you are selling your business, you need an experienced lawyer to ensure that sandbag clauses are removed from the purchase and sale agreement. In fact, depending on the situation, your lawyer may even insist on including an “anti-sandbag” clause in the purchase agreement.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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