Can I be sued for asking an unreasonable price, or is that always just my call?
Simply asking a price, however high, is not something a buyer can sue you over — setting your own asking price is entirely your call, and there's no general legal duty to price a business "reasonably" for a prospective buyer's benefit. A buyer who thinks your price is too high has one real remedy: not buying, or negotiating you down.
Where legal risk actually arises isn't the price itself, but what you say to support it. If you make specific factual claims about the business's financial performance, contracts, or condition that turn out to be false or misleading, and a buyer relies on those claims to their detriment, whether they end up closing the deal or not, that's a different and genuine legal exposure, separate entirely from whether your headline number was high or low.
The practical takeaway is that you have very wide latitude on price itself, but very little latitude on the accuracy of what you say to justify it. Being careful, honest, and consistent about the facts behind your asking price, whatever that price is, protects you far more than moderating the number itself. A business lawyer can help you understand where legitimate opinion or negotiating position ends and a factual representation that needs to be accurate begins.
Key takeaways
- Setting an asking price, however high, isn't something a buyer can sue you over on its own.
- A buyer's real remedy for a price they see as unreasonable is to negotiate or walk away.
- Real legal risk arises from false or misleading factual claims made to support the price, not the price itself.
- Be careful and accurate about the facts behind your asking price, whatever number you choose.